103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2942 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1625 ILCS 5/11-1426.3 new Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes. LRB103 29824 MXP 56232 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2942 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1625 ILCS 5/11-1426.3 new 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.3 new Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes. LRB103 29824 MXP 56232 b LRB103 29824 MXP 56232 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2942 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1625 ILCS 5/11-1426.3 new 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.3 new 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.3 new Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes. LRB103 29824 MXP 56232 b LRB103 29824 MXP 56232 b LRB103 29824 MXP 56232 b A BILL FOR HB2942LRB103 29824 MXP 56232 b HB2942 LRB103 29824 MXP 56232 b HB2942 LRB103 29824 MXP 56232 b 1 AN ACT concerning transportation. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 1-101.8 and 11-1426.1 and by adding Section 6 11-1426.3 as follows: 7 (625 ILCS 5/1-101.8) (from Ch. 95 1/2, par. 1-102.02) 8 Sec. 1-101.8. All-terrain vehicle. Any motorized 9 off-highway device designed to travel primarily off-highway, 10 74 50 inches or less in width, having a manufacturer's dry 11 weight of 1,500 pounds or less, traveling on 3 or more 12 non-highway tires, designed with a seat or saddle for operator 13 use, and handlebars or steering wheel for steering control, 14 except equipment such as lawnmowers. 15 (Source: P.A. 96-428, eff. 8-13-09.) 16 (625 ILCS 5/11-1426.1) 17 Sec. 11-1426.1. Operation of non-highway vehicles on 18 streets, roads, and highways. 19 (a) As used in this Section, "non-highway vehicle" means a 20 motor vehicle not specifically designed to be used on a public 21 highway, including: 22 (1) (blank); an all-terrain vehicle, as defined by 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2942 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1625 ILCS 5/11-1426.3 new 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.3 new 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.3 new Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes. LRB103 29824 MXP 56232 b LRB103 29824 MXP 56232 b LRB103 29824 MXP 56232 b A BILL FOR 625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.3 new LRB103 29824 MXP 56232 b HB2942 LRB103 29824 MXP 56232 b HB2942- 2 -LRB103 29824 MXP 56232 b HB2942 - 2 - LRB103 29824 MXP 56232 b HB2942 - 2 - LRB103 29824 MXP 56232 b 1 Section 1-101.8 of this Code; 2 (2) a golf cart, as defined by Section 1-123.9; 3 (3) an off-highway motorcycle, as defined by Section 4 1-153.1; and 5 (4) a recreational off-highway vehicle, as defined by 6 Section 1-168.8. 7 (b) Except as otherwise provided in this Section, it is 8 unlawful for any person to drive or operate a non-highway 9 vehicle upon any street, highway, or roadway in this State. If 10 the operation of a non-highway vehicle is authorized under 11 subsection (d), the non-highway vehicle may be operated only 12 on streets where the posted speed limit is 35 miles per hour or 13 less. This subsection (b) does not prohibit a non-highway 14 vehicle from crossing a road or street at an intersection 15 where the road or street has a posted speed limit of more than 16 35 miles per hour. 17 (b-5) A person may not operate a non-highway vehicle upon 18 any street, highway, or roadway in this State unless he or she 19 has a valid driver's license issued in his or her name by the 20 Secretary of State or by a foreign jurisdiction. 21 (c) No person operating a non-highway vehicle shall make a 22 direct crossing upon or across any tollroad, interstate 23 highway, or controlled access highway in this State. No person 24 operating a non-highway vehicle shall make a direct crossing 25 upon or across any other highway under the jurisdiction of the 26 State except at an intersection of the highway with another HB2942 - 2 - LRB103 29824 MXP 56232 b HB2942- 3 -LRB103 29824 MXP 56232 b HB2942 - 3 - LRB103 29824 MXP 56232 b HB2942 - 3 - LRB103 29824 MXP 56232 b 1 public street, road, or highway. 2 (c-5) (Blank). 3 (d) A municipality, township, county, or other unit of 4 local government may authorize, by ordinance or resolution, 5 the operation of non-highway vehicles on roadways under its 6 jurisdiction if the unit of local government determines that 7 the public safety will not be jeopardized. The Department may 8 authorize the operation of non-highway vehicles on the 9 roadways under its jurisdiction if the Department determines 10 that the public safety will not be jeopardized. The unit of 11 local government or the Department may restrict the types of 12 non-highway vehicles that are authorized to be used on its 13 streets. 14 Before permitting the operation of non-highway vehicles on 15 its roadways, a municipality, township, county, other unit of 16 local government, or the Department must consider the volume, 17 speed, and character of traffic on the roadway and determine 18 whether non-highway vehicles may safely travel on or cross the 19 roadway. Upon determining that non-highway vehicles may safely 20 operate on a roadway and the adoption of an ordinance or 21 resolution by a municipality, township, county, or other unit 22 of local government, or authorization by the Department, 23 appropriate signs shall be posted. 24 If a roadway is under the jurisdiction of more than one 25 unit of government, non-highway vehicles may not be operated 26 on the roadway unless each unit of government agrees and takes HB2942 - 3 - LRB103 29824 MXP 56232 b HB2942- 4 -LRB103 29824 MXP 56232 b HB2942 - 4 - LRB103 29824 MXP 56232 b HB2942 - 4 - LRB103 29824 MXP 56232 b 1 action as provided in this subsection. 2 (e) No non-highway vehicle may be operated on a roadway 3 unless, at a minimum, it has the following: brakes, a steering 4 apparatus, tires, a rearview mirror, red reflectorized warning 5 devices in the front and rear, a slow moving emblem (as 6 required of other vehicles in Section 12-709 of this Code) on 7 the rear of the non-highway vehicle, a headlight that emits a 8 white light visible from a distance of 500 feet to the front, a 9 tail lamp that emits a red light visible from at least 100 feet 10 from the rear, brake lights, and turn signals. When operated 11 on a roadway, a non-highway vehicle shall have its headlight 12 and tail lamps lighted as required by Section 12-201 of this 13 Code. 14 (f) A person who drives or is in actual physical control of 15 a non-highway vehicle on a roadway while under the influence 16 is subject to Sections 11-500 through 11-502 of this Code. 17 (g) Any person who operates a non-highway vehicle on a 18 street, highway, or roadway shall be subject to the mandatory 19 insurance requirements under Article VI of Chapter 7 of this 20 Code. 21 (h) It shall not be unlawful for any person to drive or 22 operate a non-highway vehicle, as defined in paragraphs (1) 23 and (4) of subsection (a) of this Section, on a county roadway 24 or township roadway for the purpose of conducting farming 25 operations to and from the home, farm, farm buildings, and any 26 adjacent or nearby farm land. HB2942 - 4 - LRB103 29824 MXP 56232 b HB2942- 5 -LRB103 29824 MXP 56232 b HB2942 - 5 - LRB103 29824 MXP 56232 b HB2942 - 5 - LRB103 29824 MXP 56232 b 1 Non-highway vehicles, as used in this subsection (h), 2 shall not be subject to subsections (e) and (g) of this 3 Section. However, if the non-highway vehicle, as used in this 4 Section, is not covered under a motor vehicle insurance policy 5 pursuant to subsection (g) of this Section, the vehicle must 6 be covered under a farm, home, or non-highway vehicle 7 insurance policy issued with coverage amounts no less than the 8 minimum amounts set for bodily injury or death and for 9 destruction of property under Section 7-203 of this Code. 10 Non-highway vehicles operated on a county or township roadway 11 at any time between one-half hour before sunset and one-half 12 hour after sunrise must be equipped with head lamps and tail 13 lamps, and the head lamps and tail lamps must be lighted. 14 Non-highway vehicles, as used in this subsection (h), 15 shall not make a direct crossing upon or across any tollroad, 16 interstate highway, or controlled access highway in this 17 State. 18 Non-highway vehicles, as used in this subsection (h), 19 shall be allowed to cross a State highway, municipal street, 20 county highway, or road district highway if the operator of 21 the non-highway vehicle makes a direct crossing provided: 22 (1) the crossing is made at an angle of approximately 23 90 degrees to the direction of the street, road or highway 24 and at a place where no obstruction prevents a quick and 25 safe crossing; 26 (2) the non-highway vehicle is brought to a complete HB2942 - 5 - LRB103 29824 MXP 56232 b HB2942- 6 -LRB103 29824 MXP 56232 b HB2942 - 6 - LRB103 29824 MXP 56232 b HB2942 - 6 - LRB103 29824 MXP 56232 b 1 stop before attempting a crossing; 2 (3) the operator of the non-highway vehicle yields the 3 right of way to all pedestrian and vehicular traffic which 4 constitutes a hazard; and 5 (4) that when crossing a divided highway, the crossing 6 is made only at an intersection of the highway with 7 another public street, road, or highway. 8 (i) No action taken by a unit of local government under 9 this Section designates the operation of a non-highway vehicle 10 as an intended or permitted use of property with respect to 11 Section 3-102 of the Local Governmental and Governmental 12 Employees Tort Immunity Act. 13 (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.) 14 (625 ILCS 5/11-1426.3 new) 15 Sec. 11-1426.3. Operation of an all-terrain vehicle on 16 streets, roads, and highways. 17 (a) Except as provided in subsection (b), an individual 18 may operate an all-terrain vehicle, as defined by Section 19 1-101.8 of this Code, on a street, roadway, or highway if the 20 all-terrain vehicle has a combustion engine with a piston or 21 rotor displacement of 400 cubic centimeters or greater and is 22 capable of maintaining speeds of 40 miles per hour or greater. 23 (b) An individual may not operate an all-terrain vehicle 24 on a highway if: 25 (1) the highway is an interstate system; or HB2942 - 6 - LRB103 29824 MXP 56232 b HB2942- 7 -LRB103 29824 MXP 56232 b HB2942 - 7 - LRB103 29824 MXP 56232 b HB2942 - 7 - LRB103 29824 MXP 56232 b 1 (2) the highway is near a grade-separated portion of 2 the highway. 3 Nothing in this Section authorizes the operation of an 4 all-terrain vehicle in an area that is not open to motor 5 vehicle use. 6 (c) An all-terrain vehicle may be registered in the same 7 manner as provided for snowmobiles and shall comply with the 8 registration, fees, insurance, and other requirements for 9 snowmobiles pursuant to the Snowmobile Registration and Safety 10 Act. 11 Of the $20 registration fee, $15 shall be distributed to 12 the Department of Natural Resources for the improvement of 13 state parks, and $5 shall be distributed to the Tick, 14 Research, Education, and Evaluation (TREE) Fund. The TREE Fund 15 shall be paid as grants to the Illinois Lyme Association for 16 the ordinary and contingent expenses associated with the TREE 17 program. 18 (d) The owner of an all-terrain vehicle shall ensure that 19 the vehicle is equipped with: 20 (1) 2 headlamps; 21 (2) 2 tail lamps; 22 (3) 2 brake lamps; 23 (4) a tail lamp or other lamp constructed and placed 24 to illuminate the registration plate with a white light; 25 (5) one or more red reflectors on the rear; 26 (6) amber or red flashing electric turn signals, one HB2942 - 7 - LRB103 29824 MXP 56232 b HB2942- 8 -LRB103 29824 MXP 56232 b HB2942 - 8 - LRB103 29824 MXP 56232 b HB2942 - 8 - LRB103 29824 MXP 56232 b 1 on each side of the front and rear; 2 (7) a braking system, other than a parking brake; 3 (8) a horn or other warning device; 4 (9) a muffler and, if required by an applicable 5 federal statute or rule, an emission control system; 6 (10) rearview mirrors on the right and left side of 7 the driver; 8 (11) a windshield, unless the operator wears eye 9 protection while operating the vehicle; 10 (12) a speedometer, illuminated for nighttime 11 operation; 12 (13) for vehicles designed by the manufacturer for 13 carrying one or more passengers, a bench seat or 14 side-by-side seat equipped with a seat safety belt for 15 each passenger; 16 (14) four wheels in contact with the ground, with 17 tires that have at least 2/32 inches or greater tire 18 tread; and 19 (15) a roll cage. HB2942 - 8 - LRB103 29824 MXP 56232 b