Illinois 2023-2024 Regular Session

Illinois House Bill HB3548 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3548 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-1426.1 Amends the Illinois Vehicle Code. Provides that the operation of a non-highway vehicle is authorized if it is operated only on streets where the posted speed limit is 55 (rather than 35) miles per hour or less and the use of the non-highway vehicle is permitted by the unit of local government. Provides that a non-highway vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 55 (rather than 35) miles per hour. Provides that a county board located in a county that permits the use of a non-highway vehicle on its roadways shall not be deemed liable for crashes involving the use of a non-highway vehicle on its roadways. LRB103 29679 MXP 56082 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3548 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED: 625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.1 Amends the Illinois Vehicle Code. Provides that the operation of a non-highway vehicle is authorized if it is operated only on streets where the posted speed limit is 55 (rather than 35) miles per hour or less and the use of the non-highway vehicle is permitted by the unit of local government. Provides that a non-highway vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 55 (rather than 35) miles per hour. Provides that a county board located in a county that permits the use of a non-highway vehicle on its roadways shall not be deemed liable for crashes involving the use of a non-highway vehicle on its roadways. LRB103 29679 MXP 56082 b LRB103 29679 MXP 56082 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3548 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
3	3	625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.1
4	4	625 ILCS 5/11-1426.1
5	5	Amends the Illinois Vehicle Code. Provides that the operation of a non-highway vehicle is authorized if it is operated only on streets where the posted speed limit is 55 (rather than 35) miles per hour or less and the use of the non-highway vehicle is permitted by the unit of local government. Provides that a non-highway vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 55 (rather than 35) miles per hour. Provides that a county board located in a county that permits the use of a non-highway vehicle on its roadways shall not be deemed liable for crashes involving the use of a non-highway vehicle on its roadways.
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Vehicle Code is amended by
15	15	5 changing Section 11-1426.1 as follows:
16	16	6 (625 ILCS 5/11-1426.1)
17	17	7 Sec. 11-1426.1. Operation of non-highway vehicles on
18	18	8 streets, roads, and highways.
19	19	9 (a) As used in this Section, "non-highway vehicle" means a
20	20	10 motor vehicle not specifically designed to be used on a public
21	21	11 highway, including:
22	22	12 (1) an all-terrain vehicle, as defined by Section
23	23	13 1-101.8 of this Code;
24	24	14 (2) a golf cart, as defined by Section 1-123.9;
25	25	15 (3) an off-highway motorcycle, as defined by Section
26	26	16 1-153.1; and
27	27	17 (4) a recreational off-highway vehicle, as defined by
28	28	18 Section 1-168.8.
29	29	19 (b) Except as otherwise provided in this Section, it is
30	30	20 unlawful for any person to drive or operate a non-highway
31	31	21 vehicle upon any street, highway, or roadway in this State. If
32	32	22 the operation of a non-highway vehicle is authorized under
33	33	23 subsection (d), the non-highway vehicle may be operated only
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3548 Introduced , by Rep. Bradley Fritts SYNOPSIS AS INTRODUCED:
38	38	625 ILCS 5/11-1426.1 625 ILCS 5/11-1426.1
39	39	625 ILCS 5/11-1426.1
40	40	Amends the Illinois Vehicle Code. Provides that the operation of a non-highway vehicle is authorized if it is operated only on streets where the posted speed limit is 55 (rather than 35) miles per hour or less and the use of the non-highway vehicle is permitted by the unit of local government. Provides that a non-highway vehicle may cross a road or street at an intersection where the road or street has a posted speed limit of more than 55 (rather than 35) miles per hour. Provides that a county board located in a county that permits the use of a non-highway vehicle on its roadways shall not be deemed liable for crashes involving the use of a non-highway vehicle on its roadways.
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68	68	1 on streets where the posted speed limit is 55 35 miles per hour
69	69	2 or less. This subsection (b) does not prohibit a non-highway
70	70	3 vehicle from crossing a road or street at an intersection
71	71	4 where the road or street has a posted speed limit of more than
72	72	5 55 35 miles per hour.
73	73	6 (b-5) A person may not operate a non-highway vehicle upon
74	74	7 any street, highway, or roadway in this State unless he or she
75	75	8 has a valid driver's license issued in his or her name by the
76	76	9 Secretary of State or by a foreign jurisdiction.
77	77	10 (c) No person operating a non-highway vehicle shall make a
78	78	11 direct crossing upon or across any tollroad, interstate
79	79	12 highway, or controlled access highway in this State. No person
80	80	13 operating a non-highway vehicle shall make a direct crossing
81	81	14 upon or across any other highway under the jurisdiction of the
82	82	15 State except at an intersection of the highway with another
83	83	16 public street, road, or highway.
84	84	17 (c-5) (Blank).
85	85	18 (d) A municipality, township, county, or other unit of
86	86	19 local government may authorize, by ordinance or resolution,
87	87	20 the operation of non-highway vehicles on roadways under its
88	88	21 jurisdiction if the unit of local government determines that
89	89	22 the public safety will not be jeopardized. The Department may
90	90	23 authorize the operation of non-highway vehicles on the
91	91	24 roadways under its jurisdiction if the Department determines
92	92	25 that the public safety will not be jeopardized. The unit of
93	93	26 local government or the Department may restrict the types of
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104	104	1 non-highway vehicles that are authorized to be used on its
105	105	2 streets.
106	106	3 Before permitting the operation of non-highway vehicles on
107	107	4 its roadways, a municipality, township, county, other unit of
108	108	5 local government, or the Department must consider the volume,
109	109	6 speed, and character of traffic on the roadway and determine
110	110	7 whether non-highway vehicles may safely travel on or cross the
111	111	8 roadway. Upon determining that non-highway vehicles may safely
112	112	9 operate on a roadway and the adoption of an ordinance or
113	113	10 resolution by a municipality, township, county, or other unit
114	114	11 of local government, or authorization by the Department,
115	115	12 appropriate signs shall be posted.
116	116	13 If a roadway is under the jurisdiction of more than one
117	117	14 unit of government, non-highway vehicles may not be operated
118	118	15 on the roadway unless each unit of government agrees and takes
119	119	16 action as provided in this subsection.
120	120	17 (e) No non-highway vehicle may be operated on a roadway
121	121	18 unless, at a minimum, it has the following: brakes, a steering
122	122	19 apparatus, tires, a rearview mirror, red reflectorized warning
123	123	20 devices in the front and rear, a slow moving emblem (as
124	124	21 required of other vehicles in Section 12-709 of this Code) on
125	125	22 the rear of the non-highway vehicle, a headlight that emits a
126	126	23 white light visible from a distance of 500 feet to the front, a
127	127	24 tail lamp that emits a red light visible from at least 100 feet
128	128	25 from the rear, brake lights, and turn signals. When operated
129	129	26 on a roadway, a non-highway vehicle shall have its headlight
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140	140	1 and tail lamps lighted as required by Section 12-201 of this
141	141	2 Code.
142	142	3 (f) A person who drives or is in actual physical control of
143	143	4 a non-highway vehicle on a roadway while under the influence
144	144	5 is subject to Sections 11-500 through 11-502 of this Code.
145	145	6 (g) Any person who operates a non-highway vehicle on a
146	146	7 street, highway, or roadway shall be subject to the mandatory
147	147	8 insurance requirements under Article VI of Chapter 7 of this
148	148	9 Code.
149	149	10 (h) It shall not be unlawful for any person to drive or
150	150	11 operate a non-highway vehicle, as defined in paragraphs (1)
151	151	12 and (4) of subsection (a) of this Section, on a county roadway
152	152	13 or township roadway for the purpose of conducting farming
153	153	14 operations to and from the home, farm, farm buildings, and any
154	154	15 adjacent or nearby farm land.
155	155	16 Non-highway vehicles, as used in this subsection (h),
156	156	17 shall not be subject to subsections (e) and (g) of this
157	157	18 Section. However, if the non-highway vehicle, as used in this
158	158	19 Section, is not covered under a motor vehicle insurance policy
159	159	20 pursuant to subsection (g) of this Section, the vehicle must
160	160	21 be covered under a farm, home, or non-highway vehicle
161	161	22 insurance policy issued with coverage amounts no less than the
162	162	23 minimum amounts set for bodily injury or death and for
163	163	24 destruction of property under Section 7-203 of this Code.
164	164	25 Non-highway vehicles operated on a county or township roadway
165	165	26 at any time between one-half hour before sunset and one-half
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176	176	1 hour after sunrise must be equipped with head lamps and tail
177	177	2 lamps, and the head lamps and tail lamps must be lighted.
178	178	3 Non-highway vehicles, as used in this subsection (h),
179	179	4 shall not make a direct crossing upon or across any tollroad,
180	180	5 interstate highway, or controlled access highway in this
181	181	6 State.
182	182	7 Non-highway vehicles, as used in this subsection (h),
183	183	8 shall be allowed to cross a State highway, municipal street,
184	184	9 county highway, or road district highway if the operator of
185	185	10 the non-highway vehicle makes a direct crossing provided:
186	186	11 (1) the crossing is made at an angle of approximately
187	187	12 90 degrees to the direction of the street, road or highway
188	188	13 and at a place where no obstruction prevents a quick and
189	189	14 safe crossing;
190	190	15 (2) the non-highway vehicle is brought to a complete
191	191	16 stop before attempting a crossing;
192	192	17 (3) the operator of the non-highway vehicle yields the
193	193	18 right of way to all pedestrian and vehicular traffic which
194	194	19 constitutes a hazard; and
195	195	20 (4) that when crossing a divided highway, the crossing
196	196	21 is made only at an intersection of the highway with
197	197	22 another public street, road, or highway.
198	198	23 (i) No action taken by a unit of local government under
199	199	24 this Section designates the operation of a non-highway vehicle
200	200	25 as an intended or permitted use of property with respect to
201	201	26 Section 3-102 of the Local Governmental and Governmental
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212	212	1 Employees Tort Immunity Act.
213	213	2 (j) A county board located in a county that permits the use
214	214	3 of a non-highway vehicle on its roadways shall not be deemed
215	215	4 liable for crashes involving the use of a non-highway vehicle
216	216	5 on its roadways.
217	217	6 (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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