Bill Text: IL HB0720 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Illinois Vehicle Code. Provides that a person may operate an all-terrain vehicle or recreational off-highway vehicle on a roadway that is not a State highway, federal highway, or within the boundaries of an incorporated area and where the speed limit 55 miles per hour or less (rather than 35 miles per hour or less).

Spectrum: Partisan Bill (Republican 4-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0720 Detail]

Download: Illinois-2021-HB0720-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0720

Introduced , by Rep. Chris Miller

SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1426.1

Amends the Illinois Vehicle Code. Provides that a person may operate an all-terrain vehicle or recreational off-highway vehicle on a roadway that is not a State highway, federal highway, or within the boundaries of an incorporated area and where the speed limit 55 miles per hour or less (rather than 35 miles per hour or less).
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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,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5changing Section 11-1426.1 as follows:
6 (625 ILCS 5/11-1426.1)
7 Sec. 11-1426.1. Operation of non-highway vehicles on
8streets, roads, and highways.
9 (a) As used in this Section, "non-highway vehicle" means a
10motor vehicle not specifically designed to be used on a public
11highway, 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
20unlawful for any person to drive or operate a non-highway
21vehicle upon any street, highway, or roadway in this State. If
22the operation of a non-highway vehicle is authorized under
23subsection (d), the non-highway vehicle may be operated only

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1on streets where the posted speed limit is 35 miles per hour or
2less. This subsection (b) does not prohibit a non-highway
3vehicle from crossing a road or street at an intersection
4where the road or street has a posted speed limit of more than
535 miles per hour.
6 (b-5) A person may not operate a non-highway vehicle upon
7any street, highway, or roadway in this State unless he or she
8has a valid driver's license issued in his or her name by the
9Secretary of State or by a foreign jurisdiction.
10 (c) No person operating a non-highway vehicle shall make a
11direct crossing upon or across any tollroad, interstate
12highway, or controlled access highway in this State. No person
13operating a non-highway vehicle shall make a direct crossing
14upon or across any other highway under the jurisdiction of the
15State except at an intersection of the highway with another
16public street, road, or highway.
17 (c-5) (Blank).
18 (c-10) A person may operate an all-terrain vehicle or
19recreational off-highway vehicle on a roadway that is not a
20State highway, federal highway, or within the boundaries of an
21incorporated area and where the speed limit is 55 miles per
22hour or less.
23 (d) A municipality, township, county, or other unit of
24local government may authorize, by ordinance or resolution,
25the operation of non-highway vehicles on roadways under its
26jurisdiction if the unit of local government determines that

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1the public safety will not be jeopardized. The Department may
2authorize the operation of non-highway vehicles on the
3roadways under its jurisdiction if the Department determines
4that the public safety will not be jeopardized. The unit of
5local government or the Department may restrict the types of
6non-highway vehicles that are authorized to be used on its
7streets.
8 Before permitting the operation of non-highway vehicles on
9its roadways, a municipality, township, county, other unit of
10local government, or the Department must consider the volume,
11speed, and character of traffic on the roadway and determine
12whether non-highway vehicles may safely travel on or cross the
13roadway. Upon determining that non-highway vehicles may safely
14operate on a roadway and the adoption of an ordinance or
15resolution by a municipality, township, county, or other unit
16of local government, or authorization by the Department,
17appropriate signs shall be posted.
18 If a roadway is under the jurisdiction of more than one
19unit of government, non-highway vehicles may not be operated
20on the roadway unless each unit of government agrees and takes
21action as provided in this subsection.
22 (e) No non-highway vehicle may be operated on a roadway
23unless, at a minimum, it has the following: brakes, a steering
24apparatus, tires, a rearview mirror, red reflectorized warning
25devices in the front and rear, a slow moving emblem (as
26required of other vehicles in Section 12-709 of this Code) on

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1the rear of the non-highway vehicle, a headlight that emits a
2white light visible from a distance of 500 feet to the front, a
3tail lamp that emits a red light visible from at least 100 feet
4from the rear, brake lights, and turn signals. When operated
5on a roadway, a non-highway vehicle shall have its headlight
6and tail lamps lighted as required by Section 12-201 of this
7Code.
8 (f) A person who drives or is in actual physical control of
9a non-highway vehicle on a roadway while under the influence
10is subject to Sections 11-500 through 11-502 of this Code.
11 (g) Any person who operates a non-highway vehicle on a
12street, highway, or roadway shall be subject to the mandatory
13insurance requirements under Article VI of Chapter 7 of this
14Code.
15 (h) It shall not be unlawful for any person to drive or
16operate a non-highway vehicle, as defined in paragraphs (1)
17and (4) of subsection (a) of this Section, on a county roadway
18or township roadway for the purpose of conducting farming
19operations to and from the home, farm, farm buildings, and any
20adjacent or nearby farm land.
21 Non-highway vehicles, as used in this subsection (h),
22shall not be subject to subsections (e) and (g) of this
23Section. However, if the non-highway vehicle, as used in this
24Section, is not covered under a motor vehicle insurance policy
25pursuant to subsection (g) of this Section, the vehicle must
26be covered under a farm, home, or non-highway vehicle

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1insurance policy issued with coverage amounts no less than the
2minimum amounts set for bodily injury or death and for
3destruction of property under Section 7-203 of this Code.
4Non-highway vehicles operated on a county or township roadway
5at any time between one-half hour before sunset and one-half
6hour after sunrise must be equipped with head lamps and tail
7lamps, and the head lamps and tail lamps must be lighted.
8 Non-highway vehicles, as used in this subsection (h),
9shall not make a direct crossing upon or across any tollroad,
10interstate highway, or controlled access highway in this
11State.
12 Non-highway vehicles, as used in this subsection (h),
13shall be allowed to cross a State highway, municipal street,
14county highway, or road district highway if the operator of
15the non-highway vehicle makes a direct crossing provided:
16 (1) the crossing is made at an angle of approximately
17 90 degrees to the direction of the street, road or highway
18 and at a place where no obstruction prevents a quick and
19 safe crossing;
20 (2) the non-highway vehicle is brought to a complete
21 stop before attempting a crossing;
22 (3) the operator of the non-highway vehicle yields the
23 right of way to all pedestrian and vehicular traffic which
24 constitutes a hazard; and
25 (4) that when crossing a divided highway, the crossing
26 is made only at an intersection of the highway with

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1 another public street, road, or highway.
2 (i) No action taken by a unit of local government under
3this Section designates the operation of a non-highway vehicle
4as an intended or permitted use of property with respect to
5Section 3-102 of the Local Governmental and Governmental
6Employees Tort Immunity Act.
7(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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