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
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
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.
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A BILL FOR
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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 Section 11-1426.1 as follows:
6 (625 ILCS 5/11-1426.1)
7 Sec. 11-1426.1. Operation of non-highway vehicles on
8 streets, roads, and highways.
9 (a) As used in this Section, "non-highway vehicle" means a
10 motor vehicle not specifically designed to be used on a public
11 highway, including:
12 (1) an all-terrain vehicle, as defined by Section
13 1-101.8 of this Code;
14 (2) a golf cart, as defined by Section 1-123.9;
15 (3) an off-highway motorcycle, as defined by Section
16 1-153.1; and
17 (4) a recreational off-highway vehicle, as defined by
18 Section 1-168.8.
19 (b) Except as otherwise provided in this Section, it is
20 unlawful for any person to drive or operate a non-highway
21 vehicle upon any street, highway, or roadway in this State. If
22 the operation of a non-highway vehicle is authorized under
23 subsection (d), the non-highway vehicle may be operated only
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
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.
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A BILL FOR
625 ILCS 5/11-1426.1
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1 on streets where the posted speed limit is 55 35 miles per hour
2 or less. This subsection (b) does not prohibit a non-highway
3 vehicle from crossing a road or street at an intersection
4 where the road or street has a posted speed limit of more than
5 55 35 miles per hour.
6 (b-5) A person may not operate a non-highway vehicle upon
7 any street, highway, or roadway in this State unless he or she
8 has a valid driver's license issued in his or her name by the
9 Secretary of State or by a foreign jurisdiction.
10 (c) No person operating a non-highway vehicle shall make a
11 direct crossing upon or across any tollroad, interstate
12 highway, or controlled access highway in this State. No person
13 operating a non-highway vehicle shall make a direct crossing
14 upon or across any other highway under the jurisdiction of the
15 State except at an intersection of the highway with another
16 public street, road, or highway.
17 (c-5) (Blank).
18 (d) A municipality, township, county, or other unit of
19 local government may authorize, by ordinance or resolution,
20 the operation of non-highway vehicles on roadways under its
21 jurisdiction if the unit of local government determines that
22 the public safety will not be jeopardized. The Department may
23 authorize the operation of non-highway vehicles on the
24 roadways under its jurisdiction if the Department determines
25 that the public safety will not be jeopardized. The unit of
26 local government or the Department may restrict the types of
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1 non-highway vehicles that are authorized to be used on its
2 streets.
3 Before permitting the operation of non-highway vehicles on
4 its roadways, a municipality, township, county, other unit of
5 local government, or the Department must consider the volume,
6 speed, and character of traffic on the roadway and determine
7 whether non-highway vehicles may safely travel on or cross the
8 roadway. Upon determining that non-highway vehicles may safely
9 operate on a roadway and the adoption of an ordinance or
10 resolution by a municipality, township, county, or other unit
11 of local government, or authorization by the Department,
12 appropriate signs shall be posted.
13 If a roadway is under the jurisdiction of more than one
14 unit of government, non-highway vehicles may not be operated
15 on the roadway unless each unit of government agrees and takes
16 action as provided in this subsection.
17 (e) No non-highway vehicle may be operated on a roadway
18 unless, at a minimum, it has the following: brakes, a steering
19 apparatus, tires, a rearview mirror, red reflectorized warning
20 devices in the front and rear, a slow moving emblem (as
21 required of other vehicles in Section 12-709 of this Code) on
22 the rear of the non-highway vehicle, a headlight that emits a
23 white light visible from a distance of 500 feet to the front, a
24 tail lamp that emits a red light visible from at least 100 feet
25 from the rear, brake lights, and turn signals. When operated
26 on a roadway, a non-highway vehicle shall have its headlight
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1 and tail lamps lighted as required by Section 12-201 of this
2 Code.
3 (f) A person who drives or is in actual physical control of
4 a non-highway vehicle on a roadway while under the influence
5 is subject to Sections 11-500 through 11-502 of this Code.
6 (g) Any person who operates a non-highway vehicle on a
7 street, highway, or roadway shall be subject to the mandatory
8 insurance requirements under Article VI of Chapter 7 of this
9 Code.
10 (h) It shall not be unlawful for any person to drive or
11 operate a non-highway vehicle, as defined in paragraphs (1)
12 and (4) of subsection (a) of this Section, on a county roadway
13 or township roadway for the purpose of conducting farming
14 operations to and from the home, farm, farm buildings, and any
15 adjacent or nearby farm land.
16 Non-highway vehicles, as used in this subsection (h),
17 shall not be subject to subsections (e) and (g) of this
18 Section. However, if the non-highway vehicle, as used in this
19 Section, is not covered under a motor vehicle insurance policy
20 pursuant to subsection (g) of this Section, the vehicle must
21 be covered under a farm, home, or non-highway vehicle
22 insurance policy issued with coverage amounts no less than the
23 minimum amounts set for bodily injury or death and for
24 destruction of property under Section 7-203 of this Code.
25 Non-highway vehicles operated on a county or township roadway
26 at any time between one-half hour before sunset and one-half
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1 hour after sunrise must be equipped with head lamps and tail
2 lamps, and the head lamps and tail lamps must be lighted.
3 Non-highway vehicles, as used in this subsection (h),
4 shall not make a direct crossing upon or across any tollroad,
5 interstate highway, or controlled access highway in this
6 State.
7 Non-highway vehicles, as used in this subsection (h),
8 shall be allowed to cross a State highway, municipal street,
9 county highway, or road district highway if the operator of
10 the non-highway vehicle makes a direct crossing provided:
11 (1) the crossing is made at an angle of approximately
12 90 degrees to the direction of the street, road or highway
13 and at a place where no obstruction prevents a quick and
14 safe crossing;
15 (2) the non-highway vehicle is brought to a complete
16 stop before attempting a crossing;
17 (3) the operator of the non-highway vehicle yields the
18 right of way to all pedestrian and vehicular traffic which
19 constitutes a hazard; and
20 (4) that when crossing a divided highway, the crossing
21 is made only at an intersection of the highway with
22 another public street, road, or highway.
23 (i) No action taken by a unit of local government under
24 this Section designates the operation of a non-highway vehicle
25 as an intended or permitted use of property with respect to
26 Section 3-102 of the Local Governmental and Governmental
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1 Employees Tort Immunity Act.
2 (j) A county board located in a county that permits the use
3 of a non-highway vehicle on its roadways shall not be deemed
4 liable for crashes involving the use of a non-highway vehicle
5 on its roadways.
6 (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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