Bill Text: IL HB1162 | 2011-2012 | 97th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Vehicle Code. Provides that no person, except persons permitted by law, shall operate or ride any all-terrain vehicle or off-highway motorcycle with any firearm in his or her possession unless he or she is in compliance with certain provisions of the Deadly Weapons Article of the Criminal Code of 1961 (rather than the Wildlife Code). Effective immediately.

Spectrum: Partisan Bill (Republican 13-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB1162 Detail]

Download: Illinois-2011-HB1162-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB1162 Introduced , by Rep. Richard Morthland SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1427
Amends the Illinois Vehicle Code. Provides that no person, except persons permitted by law, shall operate or ride any all-terrain vehicle or off-highway motorcycle with any firearm in his or her possession unless he or she is in compliance with certain provisions of the Deadly Weapons Article of the Criminal Code of 1961 (rather than the Wildlife Code). Effective immediately.
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A BILL FOR
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 11-1427 as follows:
(625 ILCS 5/11-1427)
Sec. 11-1427. Illegal operation of an all-terrain vehicle
or off-highway motorcycle. It is unlawful for any person to
drive or operate any all-terrain vehicle or off-highway
motorcycle in the following ways:
(a) Careless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in a careless or
heedless manner so as to be grossly indifferent to the person
or property of other persons, or at a rate of speed greater
than will permit him in the exercise of reasonable care to
bring the all-terrain vehicle or off-highway motorcycle to a
stop within the assured clear distance ahead.
(b) Reckless Operation. No person shall operate any
all-terrain vehicle or off-highway motorcycle in such a manner
as to endanger the life, limb or property of any person.
(c) Within any nature preserve as defined in Section 3.11
of the Illinois Natural Areas Preservation Act.
(d) On the tracks or right of way of an operating railroad.

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(e) In any tree nursery or planting in a manner which
damages or destroys growing stock, or creates a substantial
risk thereto.
(f) On private property, without the written or verbal
consent of the owner or lessee thereof. Any person operating an
all-terrain vehicle or off-highway motorcycle upon lands of
another shall stop and identify himself upon the request of the
landowner or his duly authorized representative, and, if
requested to do so by the landowner shall promptly remove the
all-terrain vehicle or off-highway motorcycle from the
premises.
(g) Notwithstanding any other law to the contrary, an
owner, lessee, or occupant of premises owes no duty of care to
keep the premises safe for entry or use by others for use by an
all-terrain vehicle or off-highway motorcycle, or to give
warning of any condition, use, structure or activity on such
premises. This subsection does not apply where permission to
drive or operate an all-terrain vehicle or off-highway
motorcycle is given for a valuable consideration other than to
this State, any political subdivision or municipality of this
State, or any landowner who is paid with funds from the
Off-Highway Vehicle Trails Fund. In the case of land leased to
the State or a subdivision of the State, any consideration
received is not valuable consideration within the meaning of
this Section.
Nothing in this subsection limits in any way liability

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which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure, or
activity.
(h) On publicly owned lands unless such lands are
designated for use by all-terrain vehicles or off-highway
motorcycles. For publicly owned lands to be designated for use
by all-terrain vehicles or off-highway motorcycles a public
hearing shall be conducted by the governmental entity that has
jurisdiction over the proposed land prior to the designation.
Nothing in this subsection limits in any way liability
which otherwise exists for willful or malicious failure to
guard or warn against a dangerous condition, use, structure, or
activity.
(h-1) At a rate of speed too fast for conditions, and the
fact that the speed of the all-terrain vehicle or off-highway
motorcycle does not exceed the applicable maximum speed limit
allowed does not relieve the driver from the duty to decrease
speed as may be necessary to avoid colliding with any person,
vehicle, or object within legal requirements and the duty of
all persons to use due care.
(h-2) On the frozen surface of public waters of this State
within 100 feet of a person, including a skater, not in or upon
an all-terrain vehicle or off-highway motorcycle; within 100
feet of a person engaged in fishing, except at the minimum
speed required to maintain forward movement of the all-terrain
vehicle or off-highway motorcycle; on an area which has been

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cleared of snow for skating purposes unless the area is
necessary for access to the frozen waters of this State.
(h-3) Within 100 feet of a dwelling between midnight and 6
a.m. at a speed greater than the minimum required to maintain
forward movement of the all-terrain vehicle or off-highway
motorcycle. This subdivision (h-5) does not apply on private
property where verbal or written consent of the owner or lessee
has been granted to drive or operate an all-terrain vehicle or
off-highway motorcycle upon the private property or frozen
waters of this State.
(i) Other Prohibitions.
(1) No person, except persons permitted by law, shall
operate or ride any all-terrain vehicle or off-highway
motorcycle with any firearm in his or her possession unless
he or she is in compliance with Sections 24-1, 24-1.6, and
24-2 of the Criminal Code of 1961 Section 2.33 of the
Wildlife Code.
(2) No person shall operate any all-terrain vehicle or
off-highway motorcycle emitting pollutants in violation of
standards established pursuant to the Environmental
Protection Act.
(3) No person shall deposit from an all-terrain vehicle
or off-highway motorcycle on the snow, ice or ground
surface, trash, glass, garbage, insoluble material, or
other offensive matter.
(Source: P.A. 90-14, eff. 9-1-97; 90-287, eff. 1-1-98.)

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Section 99. Effective date. This Act takes effect upon
becoming law.