Public Act 90-0287 of the 90th General Assembly
Public Act 90-0287
HB0489 Enrolled LRB9002692NTsb
AN ACT in relation to off-highway vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Recreational Trails of Illinois Act.
Section 5. Findings. The General Assembly finds that:
(1) Recreation is an important industry in the State of
Illinois and its growth should be encouraged.
(2) The establishment and maintenance of recreational
trails by the State of Illinois is important for the
promotion of recreation and conservation.
(3) The federal government has emphasized the importance
of recreational trails by enacting the Symms National
Recreational Trails Act of 1991 (P.L. 102-240, Sec. 1301).
(4) Illinois should adopt a comprehensive recreational
trails Act for the establishment and maintenance of
recreational trails.
Section 10. Definitions. As used in this Act:
"Board" means the State Off-Highway Vehicle Trails
Advisory Board.
"Department" means the Department of Natural Resources.
"Director" means the Director of Natural Resources.
"Fund" means the Off-Highway Vehicle Trails Fund.
"Off-highway vehicle" means a motor-driven recreational
vehicle capable of cross-country travel on natural terrain
without benefit of a road or trail, including an all-terrain
vehicle and off-highway motorcycle as defined in the Illinois
Vehicle Code. "Off-highway vehicle" does not include a
snowmobile; a motorcycle; a watercraft; a farm vehicle being
used for farming; a vehicle used for military, fire,
emergency, or law enforcement purposes; a construction or
logging vehicle used in the performance of its common
function; a motor vehicle owned by or operated under contract
with a utility, whether publicly or privately owned, when
used for work on utilities; a commercial vehicle being used
for its intended purpose; snow-grooming equipment when used
for its intended purpose; or an aircraft.
"Recreational trail" means a thoroughfare or track across
land or snow, used for recreational purposes such as
bicycling, cross-country skiing, day hiking, equestrian
activities, jogging or similar fitness activities, trail
biking, overnight and long-distance backpacking,
snowmobiling, aquatic or water activity, and vehicular travel
by motorcycle or off-highway vehicles.
Section 15. Off-Highway Vehicle Trails Fund.
(a) The Off-Highway Vehicle Trails Fund is created as a
special fund in the State treasury. Money from federal,
State, and private sources may be deposited into the Fund.
Fines assessed by the Department of Natural Resources for
citations issued to off-highway vehicle operators shall be
deposited into the Fund. All interest accrued on the Fund
shall be deposited into the Fund.
(b) All money in the Fund shall be used, subject to
appropriation, by the Department for the following purposes:
(1) Grants for construction of off-highway vehicle
recreational trails on county, municipal, other units of
local government, or private lands where a recreational
need for the construction is shown.
(2) Grants for maintenance and construction of
off-highway vehicle recreational trails on federal lands,
where permitted by law.
(3) Grants for development of off-highway vehicle
trail-side facilities in accordance with criteria
approved by the National Recreational Trails Advisory
Committee.
(4) Grants for acquisition of property from willing
sellers for off-highway vehicle recreational trails when
the objective of a trail cannot be accomplished by other
means.
(5) Grants for development of urban off-highway
vehicle trail linkages near homes and workplaces.
(6) Grants for maintenance of existing off-highway
vehicle recreational trails, including the grooming and
maintenance of trails across snow.
(7) Grants for restoration of areas damaged by
usage of off-highway vehicle recreational trails and back
country terrain.
(8) Grants for provision of features that
facilitate the access and use of off-highway vehicle
trails by persons with disabilities.
(9) Grants for acquisition of easements for
off-highway vehicle trails or for trail corridors.
(10) Grants for a rider education and safety
program.
(11) Administration, enforcement, planning, and
implementation of this Act and Sections 11-1426 and
11-1427 of the Illinois Vehicle Code.
Of the money used from the Fund for the purposes set
forth in this subsection, at least 60% shall be allocated for
motorized recreation. The Department shall establish, by
rule, measures to verify that recipients of money from the
Fund comply with the specified conditions for the use of the
money.
(c) The Department may not use the money from the Fund
for the following purposes:
(1) Condemnation of any kind of interest in
property.
(2) Construction of any recreational trail on
National Forest System land for motorized uses unless
those lands have been allocated for uses other than
wilderness by an approved forest land and resource
management plan or have been released to uses other than
wilderness by an Act of Congress, and the construction is
otherwise consistent with the management direction in the
approved land and resource management plan.
(3) Construction of motorized recreational trails
on Department owned or managed land.
(d) The Department shall establish a program to
administer grants from the Fund to units of local government,
not-for-profit organizations, and other groups to operate,
maintain, and acquire land for off-highway vehicle parks that
are open and accessible to the public.
Section 20. State Off-Highway Vehicle Trails Advisory
Board.
(a) There is created the State Off-Highway Vehicle
Trails Advisory Board. The Board shall consist of 5 members,
one from each of the following organizations, appointed by
the Director from nominations submitted by the following
organizations:
(1) The Department of Natural Resources, to vote
only in the case of a tie.
(2) The National Off-Highway Vehicle Conservation
Council.
(3) The American Motorcycle Association.
(4) ABATE of Illinois.
(5) Illinois off-road riders and all-terrain
vehicle clubs.
The length of terms of members shall be 2 years,
beginning on January 1 and ending on December 31. The Board
shall meet beginning in January of 1998. Procedures for
conduct of the Board's business shall be established by the
Department by rule. Two members of the Board shall also be
members of the Department's Illinois Trails Advisory Board.
(b) The Board shall evaluate and recommend to the
Director recreational trail projects for funding consistent
with the purposes set forth in subsection (b) of Section 15.
To the extent practicable and consistent with other
requirements of this Act, the Board and the Director shall
give preference to project proposals that:
(1) provide for the greatest number of compatible
recreational purposes including, but not limited to,
those described under the definition of "recreational
trail" in Section 10;
(2) provide for innovative recreational trail
corridor sharing to accommodate motorized recreational
trail use; or
(3) provide for seasonal designation of trails.
Section 25. Use of funds on private lands; conditions. As
a condition to making available moneys for work on
recreational trails that would affect privately owned land,
the Department shall obtain written assurances that the owner
of the property will cooperate and participate as necessary
in the activities to be conducted. Any use of moneys on
private lands must be accompanied by an easement or other
legally binding agreement that ensures public access to the
recreational trail improvements funded by those moneys.
Section 45. Public access sticker.
(a) Except as provided in subsection (b), after January
1, 1998, a person may not operate and an owner may not give
permission to another to operate an off-highway vehicle on
land or lands or waters in public off-highway vehicle parks
paid for, operated, or supported by the grant program
established under subsection (d) of Section 15 unless the
off-highway vehicle displays an off-highway vehicle public
access sticker on the rear fender or bumper of the
off-highway vehicle.
(b) An off-highway vehicle does not need a public access
sticker if the off-highway vehicle is used on private land or
if the off-highway vehicle is owned by the State, the federal
government, or a unit of local government.
(c) The Department shall issue the public access
stickers and shall charge the following fees:
(1) $30 for 3 years for individuals.
(2) $50 for 3 years for rental units.
(3) $75 for 3 years for dealer and manufacturer
demonstrations and research.
The Department, by administrative rule, may make replacement
stickers available at a reduced cost. These fees for public
access stickers shall be deposited into the Off-Highway
Vehicle Trails Fund.
The Department shall not issue a public access sticker to
an all-terrain vehicle or off-highway motorcycle used for
production agriculture, as defined in Section 3-821 of the
Illinois Vehicle Code.
Section 95. The State Finance Act is amended by adding
Section 5.449 as follows:
(30 ILCS 105/5.449)
Sec. 5.449. The Off-Highway Vehicle Trails Fund.
Section 100. The Illinois Vehicle Code is amended by
changing Sections 2-119, 3-101, 3-821, 11-1426, and 11-1427
and adding Sections 11-1427.1, 11-1427.2, 11-1427.3, and
11-1427.4 as follows:
(625 ILCS 5/2-119) (from Ch. 95 1/2, par. 2-119)
Sec. 2-119. Disposition of fees and taxes.
(a) All moneys received from Salvage Certificates shall
be deposited in the Common School Fund in the State Treasury.
(b) Beginning January 1, 1990 and concluding December
31, 1994, of the money collected for each certificate of
title, duplicate certificate of title and corrected
certificate of title, $0.50 shall be deposited into the Used
Tire Management Fund. Beginning January 1, 1990 and
concluding December 31, 1994, of the money collected for each
certificate of title, duplicate certificate of title and
corrected certificate of title, $1.50 shall be deposited in
the Park and Conservation Fund. Beginning January 1, 1995,
of the money collected for each certificate of title,
duplicate certificate of title and corrected certificate of
title, $2 shall be deposited in the Park and Conservation
Fund. The moneys deposited in the Park and Conservation Fund
pursuant to this Section shall be used for the acquisition
and development of bike paths as provided for in Section
63a36 of the Civil Administrative Code of Illinois. Except as
otherwise provided in this Code, all remaining moneys
collected for certificates of title, and all moneys collected
for filing of security interests, shall be placed in the
General Revenue Fund in the State Treasury.
(c) All moneys collected for that portion of a driver's
license fee designated for driver education under Section
6-118 shall be placed in the Driver Education Fund in the
State Treasury.
(d) Prior to December 28, 1989, of the monies collected
as a registration fee for each motorcycle, motor driven cycle
and motorized pedalcycle, $4 of each annual registration fee
for such vehicle and $2 of each semiannual registration fee
for such vehicle is deposited in the Cycle Rider Safety
Training Fund. Beginning on December 28, 1989 and until
January 1, 1992, of the monies collected as a registration
fee for each motorcycle, motor driven cycle and motorized
pedalcycle, $6 of each annual registration fee for such
vehicle and $3 of each semiannual registration fee for such
vehicle shall be deposited in the Cycle Rider Safety Training
Fund.
Beginning January 1, 1992 and until January 1, 1994, of
the monies collected as a registration fee for each
motorcycle, motor driven cycle and motorized pedalcycle, $7
of each annual registration fee for such vehicle and $3.50 of
each semiannual registration fee for such vehicle is
deposited in the Cycle Rider Safety Training Fund.
Beginning January 1, 1994, of the monies collected as a
registration fee for each motorcycle, motor driven cycle and
motorized pedalcycle, $8 of each annual registration fee for
such vehicle and $4 of each semiannual registration fee for
such vehicle is deposited in the Cycle Rider Safety Training
Fund.
(e) Of the monies received by the Secretary of State as
registration fees or taxes or as payment of any other fee, as
provided in this Act, except fees received by the Secretary
under paragraph (7) of subsection (b) of Section 5-101 and
Section 5-109 of this Code, 37% shall be deposited into the
State Construction Fund.
(f) Of the total money collected for a CDL instruction
permit or original or renewal issuance of a commercial
driver's license (CDL) pursuant to the Uniform Commercial
Driver's License Act (UCDLA), $6 of the total fee for an
original or renewal CDL, and $6 of the total CDL instruction
permit fee when such permit is issued to any person holding a
valid Illinois driver's license, shall be paid into the
CDLIS/AAMVAnet Trust Fund (Commercial Driver's License
Information System/American Association of Motor Vehicle
Administrators network Trust Fund) and shall be used for the
purposes provided in Section 6z-23 of the State Finance Act.
(g) All remaining moneys received by the Secretary of
State as registration fees or taxes or as payment of any
other fee, as provided in this Act, except fees received by
the Secretary under paragraph (7) of subsection (b) of
Section 5-101 and Section 5-109 of this Code, shall be
deposited in the Road Fund in the State Treasury. Moneys in
the Road Fund shall be used for the purposes provided in
Section 8.3 of the State Finance Act.
(h) (Blank).
(i) (Blank).
(j) (Blank).
(k) There is created in the State Treasury a special
fund to be known as the Secretary of State Special License
Plate Fund. Money deposited into the Fund shall, subject to
appropriation, be used by the Office of the Secretary of
State (i) to help defray plate manufacturing and plate
processing costs for the issuance and, when applicable,
renewal of any new or existing special registration plates
authorized under this Code and (ii) for grants made by the
Secretary of State to benefit Illinois Veterans Home
libraries.
On or before October 1, 1995, the Secretary of State
shall direct the State Comptroller and State Treasurer to
transfer any unexpended balance in the Special Environmental
License Plate Fund, the Special Korean War Veteran License
Plate Fund, and the Retired Congressional License Plate Fund
to the Secretary of State Special License Plate Fund.
(l) The Motor Vehicle Review Board Fund is created as a
special fund in the State Treasury. Moneys deposited into
the Fund under paragraph (7) of subsection (b) of Section
5-101 and Section 5-109 shall, subject to appropriation, be
used by the Office of the Secretary of State to administer
the Motor Vehicle Review Board, including without limitation
payment of compensation and all necessary expenses incurred
in administering the Motor Vehicle Review Board under the
Motor Vehicle Franchise Act.
(m) Effective July 1, 1996, there is created in the
State Treasury a special fund to be known as the Family
Responsibility Fund. Moneys deposited into the Fund shall,
subject to appropriation, be used by the Office of the
Secretary of State for the purpose of enforcing the Family
Financial Responsibility Law.
(n) (k) The Illinois Fire Fighters' Memorial Fund is
created as a special fund in the State Treasury. Moneys
deposited into the Fund shall, subject to appropriation, be
used by the Office of the State Fire Marshal for construction
of the Illinois Fire Fighters' Memorial to be located at the
State Capitol grounds in Springfield, Illinois. Upon the
completion of the Memorial, the Office of the State Fire
Marshal shall certify to the State Treasurer that
construction of the Memorial has been completed.
(o) Of the money collected for each certificate of title
for all-terrain vehicles and off-highway motorcycles, $17
shall be deposited into the Off-Highway Vehicle Trails Fund.
(Source: P.A. 88-333; 88-485; 88-589, eff. 8-14-94; 88-670,
eff. 12-2-94; 89-92, eff. 7-1-96; 89-145, eff. 7-14-95;
89-282, eff. 8-10-95; 89-612, eff. 8-9-96; 89-626, eff.
8-9-96; 89-639, eff. 1-1-97; revised 9-9-96.)
(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
Sec. 3-101. Certificate of title required. (a) Except as
provided in Section 3-102, every owner of a vehicle which is
in this State and for which no certificate of title has been
issued by the Secretary of State shall make application to
the Secretary of State for a certificate of title of the
vehicle.
(b) Every owner of a motorcycle or motor driven cycle
purchased new on and after January 1, 1980 shall make
application to the Secretary of State for a certificate of
title. However, if such cycle is not properly manufactured
or equipped for general highway use pursuant to the
provisions of this Act, it shall not be eligible for license
registration, but shall be issued a distinctive certificate
of title except as provided in Sections 3-102 and 3-110 of
this Act.
(c) The Secretary of State shall not register or renew
the registration of a vehicle unless a certificate of title
has been issued by the Secretary of State to the owner or an
application therefor has been delivered by the owner to the
Secretary of State.
(d) Every owner of an all-terrain vehicle or off-highway
motorcycle purchased on or after January 1, 1998 shall make
application to the Secretary of State for a certificate of
title.
(Source: P.A. 81-561.)
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall
be in accordance with the following schedule:
Certificate of Title, except for an all-terrain
vehicle or off-highway motorcycle $13
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle 30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture 13
Transfer of Registration or any evidence of
proper registration 12
Reclassification 5
Duplicate Registration Card for plates or other
evidence of proper registration 2
Duplicate Registration Sticker or Stickers, each 4
Duplicate Certificate of Title 13
Corrected Registration Card or Card for other
evidence of proper registration 2
Corrected Certificate of Title 13
Salvage Certificate 3
Fleet Reciprocity Permit 12
Prorate Decal 1
Prorate Backing Plate 2
There shall be no fee paid for a Junking Certificate.
(b) The Secretary may prescribe the maximum service
charge to be imposed upon an applicant for renewal of a
registration by any person authorized by law to receive and
remit or transmit to the Secretary such renewal application
and fees therewith.
(c) If a check is delivered to the Office of the
Secretary of State as payment of any fee or tax under this
Code, and such check is not honored by the bank on which it
is drawn for any reason, the registrant or other person
tendering the check remains liable for the payment of such
fee or tax. The Secretary of State may assess a service
charge of $15 in addition to the fee or tax due and owing for
all dishonored checks.
If the total amount then due and owing exceeds the sum
of $50 and has not been paid in full within 60 days from the
date such fee or tax became due to the Secretary of State,
the Secretary of State shall assess a penalty of 25% of such
amount remaining unpaid.
All amounts payable under this Section shall be computed
to the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant
for apportionment of a fleet of vehicles under this Code
shall be $12 if the application was filed on or before the
date specified by the Secretary together with fees and taxes
due. If an application and the fees or taxes due are filed
after the date specified by the Secretary, the Secretary may
prescribe the payment of interest at the rate of 1/2 of 1%
per month or fraction thereof after such due date and a
minimum of $6.
(e) Trucks, truck tractors, truck tractors with loads,
and motor buses, any one of which having a combined total
weight in excess of 12,000 lbs. shall file an application for
a Fleet Reciprocity Permit issued by the Secretary of State.
This permit shall be in the possession of any driver
operating a vehicle on Illinois highways. Any foreign
licensed vehicle of the second division operating at any time
in Illinois without a Fleet Reciprocity Permit or other
proper Illinois registration, shall subject the operator to
the penalties provided in Section 3-834 of this Code. For
the purposes of this Code, "Fleet Reciprocity Permit" means
any second division motor vehicle with a foreign license and
used only in interstate transportation of goods. The fee for
such permit shall be $12 per fleet which shall include all
vehicles of the fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle
or off-highway motorcycle used for production agriculture"
means any all-terrain vehicle or off-highway motorcycle used
in the raising of or the propagation of livestock, crops for
sale for human consumption, crops for livestock consumption,
and production seed stock grown for the propagation of feed
grains and the husbandry of animals or for the purpose of
providing a food product, including the husbandry of blood
stock as a main source of providing a food product.
"All-terrain vehicle or off-highway motorcycle used in
production agriculture" also means any all-terrain vehicle or
off-highway motorcycle used in animal husbandry,
floriculture, aquaculture, horticulture, and viticulture.
(Source: P.A. 87-1225; 88-78.)
(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.
(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.)
(625 ILCS 5/11-1427)
Sec. 11-1427. 11.1427. Illegal operation of an
all-terrain vehicle or off-highway motorcycle. It is unlawful
for any person to drive or operate any all-terrain vehicle or
off-highway motorcycle in the following ways:
(a) Careless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in a careless
or heedless manner so as to be grossly indifferent to the
person or property of other persons, or at a rate of speed
greater than will permit him in the exercise of reasonable
care to bring the all-terrain vehicle or off-highway
motorcycle to a stop within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in such a
manner as to endanger the life, limb or property of any
person.
(c) Within any nature preserve as defined in Section
3.11 of the Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating
railroad.
(e) In any tree nursery or planting in a manner which
damages or destroys growing stock, or creates a substantial
risk thereto.
(f) On private property, without the written or verbal
consent of the owner or lessee thereof. Any person operating
an all-terrain vehicle or off-highway motorcycle upon lands
of another shall stop and identify himself upon the request
of the landowner or his duly authorized representative, and,
if requested to do so by the landowner shall promptly remove
the all-terrain vehicle or off-highway motorcycle from the
premises.
(g) Notwithstanding any other law to the contrary, an
owner, lessee, or occupant of premises owes no duty of care
to keep the premises safe for entry or use by others for use
by an all-terrain vehicle or off-highway motorcycle, or to
give warning of any condition, use, structure or activity on
such premises. This subsection does not apply where
permission to drive or operate an all-terrain vehicle or
off-highway motorcycle is given for a valuable consideration
other than to this State, any political subdivision or
municipality of this State, or any landowner who is paid with
funds from the Off-Highway Vehicle Trails Fund. In the case
of land leased to the State or a subdivision of the State,
any consideration received is not valuable consideration
within the meaning of this Section.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure,
or activity.
(h) On publicly owned lands unless such lands are
designated for use by all-terrain vehicles or off-highway
motorcycles. For publicly owned lands to be designated for
use by all-terrain vehicles or off-highway motorcycles a
public hearing shall be conducted by the governmental entity
that has jurisdiction over the proposed land prior to the
designation.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure,
or activity.
(h-1) At a rate of speed too fast for conditions, and
the fact that the speed of the all-terrain vehicle or
off-highway motorcycle does not exceed the applicable maximum
speed limit allowed does not relieve the driver from the duty
to decrease speed as may be necessary to avoid colliding with
any person, vehicle, or object within legal requirements and
the duty of all persons to use due care.
(h-2) On the frozen surface of public waters of this
State within 100 feet of a person, including a skater, not in
or upon an all-terrain vehicle or off-highway motorcycle;
within 100 feet of a person engaged in fishing, except at the
minimum speed required to maintain forward movement of the
all-terrain vehicle or off-highway motorcycle; on an area
which has been cleared of snow for skating purposes unless
the area is necessary for access to the frozen waters of this
State.
(h-3) Within 100 feet of a dwelling between midnight and
6 a.m. at a speed greater than the minimum required to
maintain forward movement of the all-terrain vehicle or
off-highway motorcycle. This subdivision (h-5) does not apply
on private property where verbal or written consent of the
owner or lessee has been granted to drive or operate an
all-terrain vehicle or off-highway motorcycle upon the
private property or frozen waters of this State.
(i) Other Prohibitions.
(1) No person, except persons permitted by law,
shall operate or ride any all-terrain vehicle or
off-highway motorcycle with any firearm in his or her
possession unless he or she is in compliance with Section
2.33 of the Wildlife Code it is unloaded and enclosed in
a carrying case, or any bow unless it is unstrung or
rendered unable to fire and is in a carrying case.
(2) No person shall operate any all-terrain vehicle
or off-highway motorcycle emitting pollutants in
violation of standards established pursuant to the
Environmental Protection Act.
(3) No person shall deposit from an all-terrain
vehicle or off-highway motorcycle on the snow, ice or
ground surface, trash, glass, garbage, insoluble
material, or other offensive matter.
(Source: P.A. 86-1091; revised 1-6-97.)
(625 ILCS 5/11-1427.1 new)
Sec. 11-1427.1. Operation of an all-terrain vehicle or
off-highway motorcycle on ice. All-terrain vehicles and
off-highway motorcycles may be operated on the frozen waters
of this State subject to the provisions of this Section and
the rules of the Department of Natural Resources.
(625 ILCS 5/11-1427.2 new)
Sec. 11-1427.2. Special all-terrain vehicle or
off-highway motorcycle event. Nothing contained in Section
11-1426, 11-1427, or 11-1427.1 shall be construed to prohibit
any local authority of this State from designating a special
all-terrain vehicle or off-highway motorcycle event. In such
case the provisions of Sections 11-1426, 11-1427, and
11-1427.1 shall not apply to areas or highways under the
jurisdiction of that local authority.
(625 ILCS 5/11-1427.3 new)
Sec. 11-1427.3. Rules for all-terrain vehicles and
off-highway motorcycles. The Department of Natural Resources
shall adopt rules to implement and administer the provisions
of Sections 11-1426, 11-1427, 11-1427.1, and 11-1427.2.
(625 ILCS 5/11-1427.4 new)
Sec. 11-1427.4. Signal from officer to stop. An
all-terrain vehicle or off-highway motorcycle operator, after
having received a visual or audible signal from a law
enforcement officer to come to a stop, may not:
(1) operate an all-terrain vehicle or off-highway
motorcycle in willful or wanton disregard of the signal to
stop;
(2) interfere with or endanger the law enforcement
officer or another person or vehicle; or
(3) increase speed or attempt to flee or elude the
officer.