Bill Text: IL HB2455 | 2009-2010 | 96th General Assembly | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Defines a "non-highway vehicle" as a motor vehicle not specifically designed to be used on a public highway, including, as defined by the Illinois Vehicle Code: an all-terrain vehicle, a golf cart, a neighborhood vehicle, and an off-highway motorcycle. Provides that the same set of standards that currently apply to the operation of a neighborhood vehicle on a street, road, or highway apply to all non-highway vehicles. Provides that non-highway vehicles are subject to the mandatory insurance provisions of the Illinois Vehicle Code when operated on a street, road, or highway. Repeals 2 provisions regarding the operation of all-terrain vehicles, off-highway motorcycles, and golf carts on streets and removes cross-references to those provisions in the Illinois Vehicle Code and Recreational Trails of Illinois Act.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0279 [HB2455 Detail]
Download: Illinois-2009-HB2455-Engrossed.html
Bill Title: Amends the Illinois Vehicle Code. Defines a "non-highway vehicle" as a motor vehicle not specifically designed to be used on a public highway, including, as defined by the Illinois Vehicle Code: an all-terrain vehicle, a golf cart, a neighborhood vehicle, and an off-highway motorcycle. Provides that the same set of standards that currently apply to the operation of a neighborhood vehicle on a street, road, or highway apply to all non-highway vehicles. Provides that non-highway vehicles are subject to the mandatory insurance provisions of the Illinois Vehicle Code when operated on a street, road, or highway. Repeals 2 provisions regarding the operation of all-terrain vehicles, off-highway motorcycles, and golf carts on streets and removes cross-references to those provisions in the Illinois Vehicle Code and Recreational Trails of Illinois Act.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2009-08-11 - Public Act . . . . . . . . . 96-0279 [HB2455 Detail]
Download: Illinois-2009-HB2455-Engrossed.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Recreational Trails of Illinois Act is | ||||||
5 | amended by changing Section 15 as follows:
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6 | (20 ILCS 862/15)
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7 | Sec. 15. Off-Highway Vehicle Trails Fund.
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8 | (a) The Off-Highway Vehicle Trails Fund is created as a | ||||||
9 | special fund in the
State treasury.
Money from federal, State, | ||||||
10 | and private sources may be
deposited into the Fund.
Fines | ||||||
11 | assessed by the Department of Natural Resources for citations | ||||||
12 | issued to
off-highway vehicle operators shall be deposited into | ||||||
13 | the
Fund. All interest accrued on the Fund shall be deposited | ||||||
14 | into the Fund.
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15 | (b) All money in the Fund shall be used, subject to | ||||||
16 | appropriation, by the
Department for the following
purposes:
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17 | (1) Grants for construction of off-highway vehicle | ||||||
18 | recreational trails on
county, municipal, other units of | ||||||
19 | local government, or private lands where a
recreational | ||||||
20 | need for
the construction is shown.
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21 | (2) Grants for maintenance and construction of | ||||||
22 | off-highway vehicle
recreational
trails on federal
lands, | ||||||
23 | where permitted by law.
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1 | (3) Grants for development of off-highway vehicle | ||||||
2 | trail-side facilities in
accordance
with criteria
approved | ||||||
3 | by the National Recreational Trails Advisory Committee.
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4 | (4) Grants for acquisition of property from willing | ||||||
5 | sellers for
off-highway vehicle
recreational
trails when | ||||||
6 | the objective of a trail cannot be accomplished by other | ||||||
7 | means.
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8 | (5) Grants for development of urban off-highway | ||||||
9 | vehicle trail linkages
near homes and
workplaces.
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10 | (6) Grants for maintenance of existing off-highway | ||||||
11 | vehicle recreational
trails,
including the
grooming and | ||||||
12 | maintenance of trails across snow.
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13 | (7) Grants for restoration of areas damaged by usage of | ||||||
14 | off-highway
vehicle
recreational trails and
back country | ||||||
15 | terrain.
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16 | (8) Grants for provision of features that facilitate | ||||||
17 | the access and use of
off-highway vehicle trails
by persons | ||||||
18 | with disabilities.
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19 | (9) Grants for acquisition of easements for | ||||||
20 | off-highway vehicle trails or
for trail
corridors.
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21 | (10) Grants for a rider education and safety program.
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22 | (11) Administration, enforcement, planning, and | ||||||
23 | implementation of this Act
and
Section Sections
11-1426 and | ||||||
24 | 11-1427 of the Illinois Vehicle Code.
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25 | Of the money used from the Fund for the purposes set forth | ||||||
26 | in this
subsection, at least 92% shall be allocated for |
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1 | motorized recreation and not more than 8% shall be used by the | ||||||
2 | Department for administration, enforcement, planning, and | ||||||
3 | implementation of this Act or diverted from the Fund, | ||||||
4 | notwithstanding any other law to the contrary adopted after the | ||||||
5 | effective date of this amendatory Act of the 95th General | ||||||
6 | Assembly. The
Department
shall establish, by rule, measures to | ||||||
7 | verify that recipients of money from
the Fund comply with the | ||||||
8 | specified conditions for the use of the money.
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9 | (c) The Department may not use the money from the Fund for | ||||||
10 | the
following purposes:
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11 | (1) Condemnation of any kind of interest in property.
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12 | (2) Construction of any recreational trail on National | ||||||
13 | Forest System
land for motorized uses unless those lands
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14 | have been allocated for uses other than wilderness by an | ||||||
15 | approved
forest land and resource management plan or have | ||||||
16 | been released to uses
other than wilderness by an Act of | ||||||
17 | Congress, and
the construction is otherwise consistent | ||||||
18 | with the management
direction in the approved land and | ||||||
19 | resource management plan.
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20 | (3) Construction of motorized recreational trails on | ||||||
21 | Department owned or
managed land.
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22 | (d) The Department shall establish a program to administer | ||||||
23 | grants from the
Fund to units of local government, | ||||||
24 | not-for-profit organizations, and
other groups to operate, | ||||||
25 | maintain, and acquire land for off-highway vehicle
parks that | ||||||
26 | are open and accessible to the public.
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1 | (Source: P.A. 95-670, eff. 10-11-07.)
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2 | Section 10. The Illinois Vehicle Code is amended by | ||||||
3 | changing Sections 11-1426.1, 11-1427.2, and 11-1427.3 and by | ||||||
4 | adding Sections 1-123.9 and 1-148.3m as follows:
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5 | (625 ILCS 5/1-123.9 new) | ||||||
6 | Sec. 1-123.9. Golf cart. A vehicle specifically designed | ||||||
7 | and intended for the purposes of transporting one or more | ||||||
8 | persons and their golf clubs or maintenance equipment while | ||||||
9 | engaged in the playing of golf, supervising the play of golf, | ||||||
10 | or maintaining the condition of the grounds on a public or | ||||||
11 | private golf course.
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12 | (625 ILCS 5/1-148.3m new) | ||||||
13 | Sec. 1-148.3m. Neighborhood vehicle. A self-propelled, | ||||||
14 | electric-powered, four-wheeled motor vehicle (or a | ||||||
15 | self-propelled, gasoline-powered, four-wheeled motor vehicle | ||||||
16 | with an engine displacement under 1,200 cubic centimeters) that | ||||||
17 | is capable of attaining in one mile a speed of more than 20 | ||||||
18 | miles per hour, but not more than 25 miles per hour, and which | ||||||
19 | conforms to federal regulations under Title 49 C.F.R. Part | ||||||
20 | 571.500.
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21 | (625 ILCS 5/11-1426.1) | ||||||
22 | Sec. 11-1426.1. Operation of non-highway neighborhood |
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1 | vehicles on streets, roads, and highways. | ||||||
2 | (a) As used in this Section, "non-highway vehicle" means a | ||||||
3 | motor vehicle not specifically designed to be used on a public | ||||||
4 | highway, including: | ||||||
5 | (1) an all-terrain vehicle, as defined by Section | ||||||
6 | 1-101.8 of this Code; | ||||||
7 | (2) a golf cart, as defined by Section 1-123.9; | ||||||
8 | (3) a neighborhood vehicle, as defined by Section | ||||||
9 | 1-148.3m; and | ||||||
10 | (4) an off-highway motorcycle, as defined by Section | ||||||
11 | 1-153.1. | ||||||
12 | "neighborhood vehicle" means a self-propelled, electronically | ||||||
13 | powered four-wheeled motor vehicle (or a self-propelled, | ||||||
14 | gasoline-powered four-wheeled motor vehicle with an engine | ||||||
15 | displacement under 1,200 cubic centimeters) which is capable of | ||||||
16 | attaining in one mile a speed of more than 20 miles per hour, | ||||||
17 | but not more than 25 miles per hour, and which conforms to | ||||||
18 | federal regulations under Title 49 C.F.R. Part 571.500. | ||||||
19 | (b) Except as otherwise provided in this Section, it is | ||||||
20 | unlawful
for any person to drive or operate a non-highway | ||||||
21 | neighborhood vehicle
upon any street, highway, or roadway in | ||||||
22 | this State. If the operation of a non-highway neighborhood | ||||||
23 | vehicle is authorized under subsection (d), the non-highway | ||||||
24 | neighborhood vehicle may be operated only on streets where the | ||||||
25 | posted speed limit is 35 miles per hour or less. This | ||||||
26 | subsection (b) does not prohibit a non-highway neighborhood |
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1 | vehicle from crossing a road or street at an intersection where | ||||||
2 | the road or street has a posted speed limit of more than 35 | ||||||
3 | miles per hour. | ||||||
4 | (b-5) A person may not operate a non-highway neighborhood | ||||||
5 | vehicle upon any street, highway, or roadway in this State | ||||||
6 | unless he or she has a valid Illinois driver's license issued | ||||||
7 | in his or her name by the Secretary of State. | ||||||
8 | (c) Except as otherwise provided in subsection (c-5), no | ||||||
9 | person operating a non-highway neighborhood vehicle shall make | ||||||
10 | a direct crossing upon or across any highway under the | ||||||
11 | jurisdiction of the State, tollroad,
interstate highway, or | ||||||
12 | controlled access highway in this State. | ||||||
13 | (c-5) A person may make a direct crossing at an | ||||||
14 | intersection controlled by a traffic light or 4-way stop sign | ||||||
15 | upon or across a highway under the jurisdiction of the State if | ||||||
16 | the speed limit on the highway is 35 miles per hour or less at | ||||||
17 | the place of crossing. | ||||||
18 | (d) A municipality, township, county, or other unit of | ||||||
19 | local government may authorize, by ordinance or resolution, the | ||||||
20 | operation of non-highway neighborhood vehicles on roadways | ||||||
21 | under its jurisdiction if the unit of local government | ||||||
22 | determines that the public safety will not be jeopardized. The | ||||||
23 | Department may authorize
the operation of non-highway | ||||||
24 | neighborhood vehicles on the roadways under its jurisdiction if | ||||||
25 | the Department determines that the public safety will not be | ||||||
26 | jeopardized. |
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1 | Before permitting the operation of non-highway | ||||||
2 | neighborhood vehicles on its roadways,
a municipality, | ||||||
3 | township, county, other unit of local government, or the | ||||||
4 | Department must consider the volume, speed, and character of | ||||||
5 | traffic on the roadway and determine whether non-highway | ||||||
6 | neighborhood vehicles may safely travel on or cross the | ||||||
7 | roadway. Upon determining that non-highway neighborhood | ||||||
8 | vehicles may safely operate on a roadway and the adoption of an | ||||||
9 | ordinance or resolution by a municipality, township, county, or | ||||||
10 | other unit of local government, or authorization by the | ||||||
11 | Department, appropriate signs shall be posted. | ||||||
12 | If a roadway is under the jurisdiction of more than one | ||||||
13 | unit of government, non-highway neighborhood vehicles may not | ||||||
14 | be operated on the roadway unless each
unit of government | ||||||
15 | agrees and takes action as provided in this subsection. | ||||||
16 | (e) No non-highway neighborhood vehicle may be operated on | ||||||
17 | a roadway unless, at a minimum, it has
the following: brakes, a | ||||||
18 | steering apparatus, tires, a rearview mirror, red | ||||||
19 | reflectorized warning devices in the front and rear, a slow | ||||||
20 | moving emblem (as required of other vehicles in Section 12-709 | ||||||
21 | of this Code) on the rear of the non-highway neighborhood | ||||||
22 | vehicle, a headlight that emits a white light visible from a | ||||||
23 | distance of 500 feet to the front, a tail lamp that emits a
red | ||||||
24 | light visible from at least 100 feet from the rear, brake | ||||||
25 | lights, and turn signals. When operated on a roadway, a | ||||||
26 | non-highway neighborhood vehicle shall have its headlight and |
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1 | tail lamps lighted as required by Section 12-201 of this Code. | ||||||
2 | (f) A person who drives or is in actual physical control of | ||||||
3 | a non-highway neighborhood vehicle on a roadway while under the | ||||||
4 | influence is subject to Sections 11-500 through 11-502 of this | ||||||
5 | Code.
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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 | (Source: P.A. 94-298, eff. 1-1-06; 95-150, 8-14-07; 95-414, | ||||||
11 | eff. 8-24-07; 95-575, eff. 8-31-07; 95-876, eff. 8-21-08.)
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12 | (625 ILCS 5/11-1427.2)
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13 | Sec. 11-1427.2.
Special all-terrain vehicle or off-highway | ||||||
14 | motorcycle
event. Nothing contained in Section 11-1426, | ||||||
15 | 11-1427 , or 11-1427.1 shall be
construed to
prohibit any
local | ||||||
16 | authority of this State from designating a special all-terrain | ||||||
17 | vehicle or
off-highway motorcycle event.
In such case the | ||||||
18 | provisions of Sections 11-1426, 11-1427 , and 11-1427.1 shall
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19 | not apply
to
areas or
highways under the jurisdiction of that | ||||||
20 | local authority.
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21 | (Source: P.A. 90-287, eff. 1-1-98.)
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22 | (625 ILCS 5/11-1427.3)
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23 | Sec. 11-1427.3. Rules for all-terrain vehicles and | ||||||
24 | off-highway
motorcycles.
The Department of Natural Resources |
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1 | may adopt rules to implement and
administer the provisions of | ||||||
2 | Sections 11-1426, 11-1427, 11-1427.1, and
11-1427.2.
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3 | (Source: P.A. 94-47, eff. 1-1-06.)
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4 | (625 ILCS 5/11-1426 rep.)
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5 | (625 ILCS 5/11-1428 rep.)
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6 | Section 15. The Illinois Vehicle Code is amended by | ||||||
7 | repealing Sections 11-1426 and 11-1428.
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