Public Act 095-0575
 
HB1499 Enrolled LRB095 09870 MJR 31872 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 11-1426 and 11-1426.1 as follows:
 
    (625 ILCS 5/11-1426)  (from Ch. 95 1/2, par. 11-1426)
    Sec. 11-1426. Operation of all-terrain vehicles and
off-highway motorcycles on streets, roads and highways.
    (a) Except as provided under this Section, it shall be
unlawful for any person to drive or operate any all-terrain
vehicle or off-highway motorcycle upon any street, highway or
roadway in this State.
    (a-1) It shall not be unlawful for any person to drive or
operate any all-terrain vehicle upon any county roadway or
township roadway for the purpose of conducting farming
operations to and from the home, farm, farm buildings, and any
adjacent or nearby farm land. An all-terrain vehicle that is
operated on a county or township roadway at any time between
one-half hour before sunset and one-half hour after sunrise
must be equipped with head lamps and tail lamps, and the head
lamps and tail lamps must be lighted.
    (b) Except as provided under subsection (c) of this
Section, all-terrain vehicles and off-highway motorcycles may
make a direct crossing provided:
        (1) The crossing is made at an angle of approximately
    90 degrees to the direction of the street, road or highway
    and at a place where no obstruction prevents a quick and
    safe crossing; and
        (2) The all-terrain vehicle or off-highway motorcycle
    is brought to a complete stop before attempting a crossing;
    and
        (3) The operator of the all-terrain vehicle or
    off-highway motorcycle yields the right of way to all
    pedestrian and vehicular traffic which constitutes a
    hazard; and
        (4) That when crossing a divided highway, the crossing
    is made only at an intersection of the highway with another
    public street, road, or highway; and
        (5) That when accessing township roadways in counties
    which contain a tract of the Shawnee National Forest, the
    accessing complies with rules promulgated by the
    Department of Natural Resources to govern the accessing.
    (c) No person operating an all-terrain vehicle or
off-highway motorcycle shall make a direct crossing upon or
across any tollroad, interstate highway, or controlled access
highway in this State.
    (d) The corporate authorities of a county, road district,
township, city, village, or incorporated town may adopt
ordinances or resolutions allowing all-terrain vehicles and
off-highway motorcycles to be operated on roadways under their
jurisdiction, designated by signs as may be prescribed by the
Department, when it is necessary to cross a bridge or culvert
or when it is impracticable to gain immediate access to an area
adjacent to a highway where an all-terrain vehicle or
off-highway motorcycle is to be operated. The crossing shall be
made in the same direction as traffic.
    (e) The corporate authorities of a county, road district,
township, city, village, or incorporated town may adopt
ordinances or resolutions designating one or more specific
public highways or streets under their jurisdiction as egress
and ingress routes for the use of all-terrain vehicles and
off-highway motorcycles. Operation of all-terrain vehicles and
off-highway motorcycles on the routes shall be in the same
direction as traffic. Corporate authorities acting under the
authority of this subsection (e) shall erect and maintain
signs, as may be prescribed by the Department, giving proper
notice of the designation.
(Source: P.A. 89-445, eff. 2-7-96; 90-287, eff. 1-1-98.)
 
    (625 ILCS 5/11-1426.1)
    Sec. 11-1426.1. Operation of neighborhood electric
vehicles on streets, roads, and highways.
    (a) As used in this Section, "neighborhood electric
vehicle" means a self-propelled, electronically powered
four-wheeled motor vehicle (or a self-propelled,
gasoline-powered four-wheeled motor vehicle with an engine
displacement under 1,200 cubic centimeters) which is capable of
attaining in one mile a speed of more than 20 miles per hour,
but not more than 25 miles per hour, and which conforms to
federal regulations under Title 49 C.F.R. Part 571.500.
    (b) Except as otherwise provided in this Section, it is
unlawful for any person to drive or operate a neighborhood
electric vehicle upon any street, highway, or roadway in this
State. If the operation of a neighborhood electric vehicle is
authorized under subsection (d), the neighborhood electric
vehicle may be operated only on streets where the posted speed
limit is 35 miles per hour or less. This subsection (b) does
not prohibit a neighborhood electric vehicle from crossing a
road or street at an intersection where the road or street has
a posted speed limit of more than 35 miles per hour.
    (b-5) A person may not operate a neighborhood electric
vehicle upon any street, highway, or roadway in this State
unless he or she has a valid Illinois driver's license issued
in his or her name by the Secretary of State.
    (c) No person operating a neighborhood electric vehicle
shall make a direct crossing upon or across any highway under
the jurisdiction of the State, tollroad, interstate highway, or
controlled access highway in this State.
    (d) A municipality, township, county, or other unit of
local government may authorize, by ordinance or resolution, the
operation of neighborhood electric vehicles on roadways under
its jurisdiction if the unit of local government determines
that the public safety will not be jeopardized. The Department
may authorize the operation of neighborhood electric vehicles
on the roadways under its jurisdiction if the Department
determines that the public safety will not be jeopardized.
    Before permitting the operation of neighborhood electric
vehicles on its roadways, a municipality, township, county,
other unit of local government, or the Department must consider
the volume, speed, and character of traffic on the roadway and
determine whether neighborhood electric vehicles may safely
travel on or cross the roadway. Upon determining that
neighborhood electric vehicles may safely operate on a roadway
and the adoption of an ordinance or resolution by a
municipality, township, county, or other unit of local
government, or authorization by the Department, appropriate
signs shall be posted.
    If a roadway is under the jurisdiction of more than one
unit of government, neighborhood electric vehicles may not be
operated on the roadway unless each unit of government agrees
and takes action as provided in this subsection.
    (e) No neighborhood electric vehicle may be operated on a
roadway unless, at a minimum, it has the following: brakes, a
steering apparatus, tires, a rearview mirror, red
reflectorized warning devices in the front and rear, a slow
moving emblem (as required of other vehicles in Section 12-709
of this Code) on the rear of the neighborhood electric vehicle,
a headlight that emits a white light visible from a distance of
500 feet to the front, a tail lamp that emits a red light
visible from at least 100 feet from the rear, brake lights, and
turn signals. When operated on a roadway, a neighborhood
electric vehicle shall have its headlight and tail lamps
lighted as required by Section 12-201 of this Code.
    (f) A person who drives or is in actual physical control of
a neighborhood electric vehicle on a roadway while under the
influence is subject to Sections 11-500 through 11-502 of this
Code.
(Source: P.A. 94-298, eff. 1-1-06.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.