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92nd General Assembly

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Public Act 92-0174

SB448 Enrolled                                 LRB9203238TAcs

    AN ACT concerning snowmobile registration and safety.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section 5.  The Snowmobile Registration and Safety Act is
amended  by  changing Sections 3-2, 3-5, 3-8, 3-9, 3-11, 5-3,
6-1, and 9-2 as follows:

    (625 ILCS 40/3-2) (from Ch. 95 1/2, par. 603-2)
    Sec. 3-2.  Identification Number Application.  The  owner
of  each  snowmobile  requiring numbering by this State shall
file an application for number with the Department  on  forms
approved  by it. The application shall be signed by the owner
of the snowmobile and shall be accompanied by a  fee  of  $18
$12.  When  a snowmobile dealer sells a snowmobile the dealer
shall, at the time of sale, require the buyer to complete  an
application  for  the  registration  certificate, collect the
required  fee  and  mail  the  application  and  fee  to  the
Department no later than 14 days  after  the  date  of  sale.
Combination  application-receipt  forms  shall be provided by
the Department and the dealer shall furnish  the  buyer  with
the   completed   receipt   showing   that   application  for
registration has been made.  This completed receipt shall  be
in  the  possession  of  the user of the snowmobile until the
registration certificate is received.  No  snowmobile  dealer
may charge an additional fee to the buyer for performing this
service   required   under   this  subsection.   However,  no
purchaser exempted under Section 3-11 of this  Act  shall  be
charged  any  fee  or be subject to the other requirements of
this Section.   The application form shall so state in  clear
language the requirements of this Section and the penalty for
violation near the place on the application form provided for
indicating the intention to register in another jurisdiction.
Each  dealer shall maintain, for one year, a record in a form
prescribed by the Department for each snowmobile sold.  These
records shall be open to inspection by the  Department.  Upon
receipt  of  the  application in approved form the Department
shall enter the same upon the records of its office and issue
to the applicant a certificate of number stating  the  number
awarded  to  the  snowmobile  and the name and address of the
owner.
(Source: P.A. 84-151; 84-973.)

    (625 ILCS 40/3-5) (from Ch. 95 1/2, par. 603-5)
    Sec.  3-5.  Transfer  of   Identification   Number.   The
purchaser  of  a  snowmobile  shall,  within  15  days  after
acquiring  same,  make  application to the Department for the
transfer to him of the certificate of number  issued  to  the
snowmobile,  giving  his  name, his address and the number of
the   snowmobile.   The   purchaser   shall   apply   for   a
transfer-renewal for a fee of $18  $12  for  approximately  3
years.  All transfers will bear September 30 expiration dates
in the calendar year  of  expiration.  Upon  receipt  of  the
application  and  fee,  the  Department  shall  transfer  the
certificate  of  number  issued  to the snowmobile to the new
owner. Unless the application is made and fee paid within  30
days,   the   snowmobile   shall  be  deemed  to  be  without
certificate of number and it shall be unlawful for any person
to operate the snowmobile until the certificate is issued.
(Source: P.A. 87-1109.)

    (625 ILCS 40/3-8) (from Ch. 95 1/2, par. 603-8)
    Sec. 3-8.  Certificate of Number.  Every  certificate  of
number  awarded  under  this Act shall continue in full force
and effect for approximately 3 years unless sooner terminated
or  discontinued  in  accordance  with  this  Act.  All   new
certificates  issued  will bear September 30 expiration dates
in  the  calendar  year  3  years  after  the  issuing  date.
Provided however, that the Department may,  for  purposes  of
implementing  this  Section,  adopt  rules for phasing in the
issuance of new certificates and provide for 1, 2 or  3  year
expiration  dates  and pro-rated payments or charges for each
registration.
    All certificates shall be renewed for 3  years  from  the
nearest  September  30 for a fee of $18 $12. All certificates
will be considered invalid after October 15 of  the  year  of
expiration.  All  certificates expiring in a given year shall
be renewed between April 1 and September 30 of that year,  in
order to allow sufficient time for processing.
    The   Department  shall  issue  "registration  expiration
decals" with all new certificates of number, all certificates
of number transferred and renewed, and  all  certificates  of
number renewed. The decals issued for each year shall be of a
different  and  distinct  color  from the decals of each year
currently displayed. The decals shall be affixed to each side
of the cowling of the snowmobile in the manner prescribed  by
the  rules  and regulations of the Department. The Department
shall fix a day and month of the year on  which  certificates
of  number  due to expire shall lapse and no longer be of any
force and effect unless renewed pursuant to this Act.
    No number or  registration  expiration  decal,  except  a
sticker  or  number  which  may  be  required  by a political
subdivision, or municipality, or state of this  State,  other
than the registration expiration decal issued to a snowmobile
or  granted  reciprocity  pursuant  to  this  Act,  shall  be
painted,  attached,  or otherwise displayed on either side of
the cowling of such snowmobile.
    A dealer engaged in the manufacture, sale, or leasing  of
snowmobiles   required   to   be   numbered  hereunder,  upon
application to the Department upon forms  prescribed  by  it,
may  obtain  certificates of number for use in the testing or
demonstrating of such snowmobiles upon payment of $18 $12 for
each registration. Certificates of number so  issued  may  be
used  by  the  applicant  in  the testing or demonstrating of
snowmobiles  by  temporary  placement  of  the   registration
expiration  decals  assigned  by  such  certificates  on  the
snowmobile so tested or demonstrated.
(Source: P.A. 84-151; 84-973.)

    (625 ILCS 40/3-9) (from Ch. 95 1/2, par. 603-9)
    Sec. 3-9. Registration List.
    A  snowmobile  registration  list  may  be  furnished for
official use at no charge only to such federal, state, county
and municipal enforcement agencies as may require such  data.
A  snowmobile registration list may be furnished, at the cost
of  reproduction,  to   statewide   not-for-profit   Illinois
snowmobile   organizations  for  use  only  with  educational
programs.
(Source: P.A. 77-1312.)

    (625 ILCS 40/3-11) (from Ch. 95 1/2, par. 603-11)
    Sec. 3-11. Exception from numbering  provisions  of  this
Act.)   A  snowmobile  shall  not  be required to be numbered
under this Act if it is:
    A.  Owned and used by the United States,  another  state,
or  a  political  subdivision  thereof,  but such snowmobiles
shall display the name of the owner on the cowling thereof.
    B.  Covered by a valid registration or license of another
state, province or country which is the domicile of the owner
of the snowmobile and is not operated within  this  State  on
more than 30 consecutive days in any calendar year.
    C.  Owned  and  operated  on  lands owned by the owner or
operator or on lands to which  he  has  a  contractual  right
other than as a member of a club or association, provided the
snowmobile is not operated elsewhere within the state.
    D.  Used  only  on  international or national competition
circuits in events for  which  written  permission  has  been
obtained  by  the  sponsoring  or  sanctioning  body from the
governmental unit having jurisdiction over  the  location  of
any event held in this State.
    E.  Owned  by  persons  domiciled  in  Illinois  but used
entirely in another jurisdiction when such owner has complied
with the provisions of Section 3-2 of this Act.
    F.  Designed for use by small children primarily as a toy
and used only on private property and not on any  public  use
trail.
(Source: P.A. 81-702.)

    (625 ILCS 40/5-3) (from Ch. 95 1/2, par. 605-3)
    Sec. 5-3.  Youthful Operators.
    A.  No  person  under  10  years  of  age  may  operate a
snowmobile, other than machines designed  for  use  by  small
children primarily as a toy and used only on private property
and not on any public use trail.
    B.  Persons  at  least  10 and less than 12 years  of age
may operate a snowmobile only if they are either  accompanied
on  the  snowmobile  by  a  parent or guardian or a person at
least 18 years of age designated by a parent or guardian.
    C.  Persons at least 12 and less than 16 years of age may
operate a snowmobile only if they are either  accompanied  on
the  snowmobile  by a parent or guardian or a person at least
16 years of age designated by a parent or guardian,  or  such
operator  is  in  possession  of  a certificate issued by the
Department authorizing the holder to operate snowmobiles.
    D.  Any person who operates a snowmobile on a highway  as
provided  in  Section  5-2  shall  (1)  possess a valid motor
vehicle driver's license; or (2) possess a safety certificate
as provided for in this Section. Any such person less than 16
years of age shall also be under the immediate supervision of
a parent or guardian or a person at least  18  years  of  age
designated by the parent or guardian.
    E.  Violations of this Section done with the knowledge of
a  parent  or  guardian  shall  be  deemed a violation by the
parent or guardian and punishable under  Article  X  of  this
Act.
    F.  The   department   shall   establish   a  program  of
instruction  on  snowmobile  laws,  regulations,  safety  and
related subjects. It is unlawful  for  any  person  under  16
years  of  age to operate a snowmobile on a public highway in
this State.  The program shall be  conducted  by  instructors
certified  by  the  department.   The  department may procure
liability insurance coverage for  certified  instructors  for
work  within  the  scope  of their duties under this section.
Persons satisfactorily completing this program shall  receive
certification from the department.  The department may charge
each  person  who enrolls in the course an instruction fee of
$2.50.  If  a  fee  is  authorized  by  the  department,  the
department   shall   authorize  instructors  conducting  such
courses meeting standards established by it to retain  $1  of
the  fee  to  defray expenses incurred locally to operate the
program.  The remaining $1.50 of the fee shall be retained by
the department to defray a part of its expenses  incurred  to
operate  the safety and accident reporting program.  A person
over the age of 12 years but under the age of  16  years  who
holds a valid certificate issued by another state or province
of  the Dominion of Canada need not obtain a certificate from
the department if the course content of the program  in  such
other  state or province substantially meets that established
by the department under this section. A certificate issued by
the Department, or by another State  or  a  province  of  the
Dominion  of  Canada,  shall  not  constitute  a  valid motor
vehicle operator's license for the purpose of this Section.
(Source: P.A. 85-293.)
    (625 ILCS 40/6-1) (from Ch. 95 1/2, par. 606-1)
    Sec. 6-1. Collisions, accidents, and casualties; reports.
    A.  The operator of a snowmobile involved in a collision,
accident, or other casualty, shall render  to  other  persons
affected  by this collision, accident, or other casualty such
assistance as may be practicable and as may be  necessary  in
order  to save them from or minimize any danger caused by the
collision, accident, or other casualty, and also  shall  give
his  name,  address,  and identification of his snowmobile to
any person injured and to the owner of any  property  damaged
in the collision, accident, or other casualty.
    B.  In the case of collision, accident, or other casualty
involving   the  operation  of  a  snowmobile,  the  operator
thereof,  if  the  collision,  accident,  or  other  casualty
results in death or injury to a person or damage to  property
in excess of $750 $100, shall file with the Department a full
description  of  the  collision, accident, or other casualty,
including  such  information  as  the  Department   may,   by
regulation,  require. Reports of such accidents must be filed
with the Department on  a  Department  Accident  Report  form
within 5 days.
    C.  Reports  of  accidents  resulting in personal injury,
wherein a person is incapacitated for a period  exceeding  72
hours,  must  be  filed  with  the Department on a Department
Accident Report form within 5 days. Accidents which result in
loss of life  shall  be  reported  to  the  Department  on  a
Department form within 48 hours.
    D.  All   required   accident  reports  and  supplemental
reports are without prejudice to the individual so reporting,
and are for the confidential use of  the  Department,  except
that  the  Department  may  disclose the identity of a person
involved in an accident when such identity is  not  otherwise
known  or  when  such  person  denies  his  presence  at such
accident. No such report may  be  used  as  evidence  in  any
trial,  civil or criminal, arising out of an accident, except
that the Department must furnish upon demand  of  any  person
who  has or claims to have made such a report, or upon demand
of any court, a certificate showing that a specified accident
report has or has not been made to the Department, solely  to
prove   a   compliance  or  a  failure  to  comply  with  the
requirements that such a report be made to the Department.
(Source: P.A. 77-1312.)

    (625 ILCS 40/9-2) (from Ch. 95 1/2, par. 609-2)
    Sec. 9-2.  Special fund. There is created a special  fund
in  the  State  Treasury  to be known as the Snowmobile Trail
Establishment Fund. Thirty-three Twenty-five percent of  each
new,  transfer-renewal and renewal registration fee collected
under Sections  3-2,  3-5  and  3-8  of  this  Act  shall  be
deposited  in the fund. The fund shall be administered by the
Department and shall be used for disbursement,  upon  written
application  to and subsequent approval by the Department, to
nonprofit   snowmobile   clubs    and    organizations    for
construction,  maintenance,  and rehabilitation of snowmobile
trails and areas for the use of snowmobiles, including  plans
and specifications, engineering surveys and supervision where
necessary.  The  Department  shall  promulgate  such rules or
regulations as it deems necessary for the  administration  of
the fund.
(Source: P.A. 85-153.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 01, 2001.
    Approved July 26, 2001.

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