Bill Text: IL HB2942 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB2942 Detail]

Download: Illinois-2023-HB2942-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2942 Introduced , by Rep. Dan Swanson SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-101.8 from Ch. 95 1/2, par. 1-102.02
625 ILCS 5/11-1426.1
625 ILCS 5/11-1426.3 new
Amends the Illinois Vehicle Code. Changes the definition of "all-terrain vehicle" to mean certain vehicles that are 74 (instead of 50) inches or less in width. Permits the operation of all-terrain vehicles meeting certain criteria on any street, roadway, or highway in this State, unless the highway is an interstate system or is near a grade-separated portion of the highway. Provides that an all-terrain vehicle may be registered in the same manner as provided for snowmobiles and shall comply with the registration, fees, insurance, and other requirements for snowmobiles under the Snowmobile Registration and Safety Act. Outlines the vehicle equipment requirements for the operation of an all-terrain vehicle on a roadway. Makes other changes.
LRB103 29824 MXP 56232 b
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 Sections 1-101.8 and 11-1426.1 and by adding Section
11-1426.3 as follows:
(625 ILCS 5/1-101.8) (from Ch. 95 1/2, par. 1-102.02)
Sec. 1-101.8. All-terrain vehicle. Any motorized
off-highway device designed to travel primarily off-highway,
74 50 inches or less in width, having a manufacturer's dry
weight of 1,500 pounds or less, traveling on 3 or more
non-highway tires, designed with a seat or saddle for operator
use, and handlebars or steering wheel for steering control,
except equipment such as lawnmowers.
(Source: P.A. 96-428, eff. 8-13-09.)
(625 ILCS 5/11-1426.1)
Sec. 11-1426.1. Operation of non-highway vehicles on
streets, roads, and highways.
(a) As used in this Section, "non-highway vehicle" means a
motor vehicle not specifically designed to be used on a public
highway, including:
(1) (blank); an all-terrain vehicle, as defined by

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Section 1-101.8 of this Code;
(2) a golf cart, as defined by Section 1-123.9;
(3) an off-highway motorcycle, as defined by Section
1-153.1; and
(4) a recreational off-highway vehicle, as defined by
Section 1-168.8.
(b) Except as otherwise provided in this Section, it is
unlawful for any person to drive or operate a non-highway
vehicle upon any street, highway, or roadway in this State. If
the operation of a non-highway vehicle is authorized under
subsection (d), the non-highway vehicle may be operated only
on streets where the posted speed limit is 35 miles per hour or
less. This subsection (b) does not prohibit a non-highway
vehicle from crossing a road or street at an intersection
where the road or street has a posted speed limit of more than
35 miles per hour.
(b-5) A person may not operate a non-highway vehicle upon
any street, highway, or roadway in this State unless he or she
has a valid driver's license issued in his or her name by the
Secretary of State or by a foreign jurisdiction.
(c) No person operating a non-highway vehicle shall make a
direct crossing upon or across any tollroad, interstate
highway, or controlled access highway in this State. No person
operating a non-highway vehicle shall make a direct crossing
upon or across any other highway under the jurisdiction of the
State except at an intersection of the highway with another

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public street, road, or highway.
(c-5) (Blank).
(d) A municipality, township, county, or other unit of
local government may authorize, by ordinance or resolution,
the operation of non-highway vehicles on roadways under its
jurisdiction if the unit of local government determines that
the public safety will not be jeopardized. The Department may
authorize the operation of non-highway vehicles on the
roadways under its jurisdiction if the Department determines
that the public safety will not be jeopardized. The unit of
local government or the Department may restrict the types of
non-highway vehicles that are authorized to be used on its
streets.
Before permitting the operation of non-highway vehicles on
its roadways, a municipality, township, county, other unit of
local government, or the Department must consider the volume,
speed, and character of traffic on the roadway and determine
whether non-highway vehicles may safely travel on or cross the
roadway. Upon determining that non-highway vehicles may safely
operate on a roadway and the adoption of an ordinance or
resolution by a municipality, township, county, or other unit
of local government, or authorization by the Department,
appropriate signs shall be posted.
If a roadway is under the jurisdiction of more than one
unit of government, non-highway vehicles may not be operated
on the roadway unless each unit of government agrees and takes

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action as provided in this subsection.
(e) No non-highway vehicle may be operated on a roadway
unless, at a minimum, it has the following: brakes, a steering
apparatus, tires, a rearview mirror, red reflectorized warning
devices in the front and rear, a slow moving emblem (as
required of other vehicles in Section 12-709 of this Code) on
the rear of the non-highway vehicle, a headlight that emits a
white light visible from a distance of 500 feet to the front, a
tail lamp that emits a red light visible from at least 100 feet
from the rear, brake lights, and turn signals. When operated
on a roadway, a non-highway vehicle shall have its headlight
and tail lamps lighted as required by Section 12-201 of this
Code.
(f) A person who drives or is in actual physical control of
a non-highway vehicle on a roadway while under the influence
is subject to Sections 11-500 through 11-502 of this Code.
(g) Any person who operates a non-highway vehicle on a
street, highway, or roadway shall be subject to the mandatory
insurance requirements under Article VI of Chapter 7 of this
Code.
(h) It shall not be unlawful for any person to drive or
operate a non-highway vehicle, as defined in paragraphs (1)
and (4) of subsection (a) of this Section, on a county roadway
or township roadway for the purpose of conducting farming
operations to and from the home, farm, farm buildings, and any
adjacent or nearby farm land.

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Non-highway vehicles, as used in this subsection (h),
shall not be subject to subsections (e) and (g) of this
Section. However, if the non-highway vehicle, as used in this
Section, is not covered under a motor vehicle insurance policy
pursuant to subsection (g) of this Section, the vehicle must
be covered under a farm, home, or non-highway vehicle
insurance policy issued with coverage amounts no less than the
minimum amounts set for bodily injury or death and for
destruction of property under Section 7-203 of this Code.
Non-highway vehicles operated on a county or township roadway
at any time between one-half hour before sunset and one-half
hour after sunrise must be equipped with head lamps and tail
lamps, and the head lamps and tail lamps must be lighted.
Non-highway vehicles, as used in this subsection (h),
shall not make a direct crossing upon or across any tollroad,
interstate highway, or controlled access highway in this
State.
Non-highway vehicles, as used in this subsection (h),
shall be allowed to cross a State highway, municipal street,
county highway, or road district highway if the operator of
the non-highway vehicle makes a direct crossing provided:
(1) the crossing is made at an angle of approximately
90 degrees to the direction of the street, road or highway
and at a place where no obstruction prevents a quick and
safe crossing;
(2) the non-highway vehicle is brought to a complete

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stop before attempting a crossing;
(3) the operator of the non-highway vehicle yields the
right of way to all pedestrian and vehicular traffic which
constitutes a hazard; and
(4) that when crossing a divided highway, the crossing
is made only at an intersection of the highway with
another public street, road, or highway.
(i) No action taken by a unit of local government under
this Section designates the operation of a non-highway vehicle
as an intended or permitted use of property with respect to
Section 3-102 of the Local Governmental and Governmental
Employees Tort Immunity Act.
(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
(625 ILCS 5/11-1426.3 new)
Sec. 11-1426.3. Operation of an all-terrain vehicle on
streets, roads, and highways.
(a) Except as provided in subsection (b), an individual
may operate an all-terrain vehicle, as defined by Section
1-101.8 of this Code, on a street, roadway, or highway if the
all-terrain vehicle has a combustion engine with a piston or
rotor displacement of 400 cubic centimeters or greater and is
capable of maintaining speeds of 40 miles per hour or greater.
(b) An individual may not operate an all-terrain vehicle
on a highway if:
(1) the highway is an interstate system; or

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(2) the highway is near a grade-separated portion of
the highway.
Nothing in this Section authorizes the operation of an
all-terrain vehicle in an area that is not open to motor
vehicle use.
(c) An all-terrain vehicle may be registered in the same
manner as provided for snowmobiles and shall comply with the
registration, fees, insurance, and other requirements for
snowmobiles pursuant to the Snowmobile Registration and Safety
Act.
Of the $20 registration fee, $15 shall be distributed to
the Department of Natural Resources for the improvement of
state parks, and $5 shall be distributed to the Tick,
Research, Education, and Evaluation (TREE) Fund. The TREE Fund
shall be paid as grants to the Illinois Lyme Association for
the ordinary and contingent expenses associated with the TREE
program.
(d) The owner of an all-terrain vehicle shall ensure that
the vehicle is equipped with:
(1) 2 headlamps;
(2) 2 tail lamps;
(3) 2 brake lamps;
(4) a tail lamp or other lamp constructed and placed
to illuminate the registration plate with a white light;
(5) one or more red reflectors on the rear;
(6) amber or red flashing electric turn signals, one

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on each side of the front and rear;
(7) a braking system, other than a parking brake;
(8) a horn or other warning device;
(9) a muffler and, if required by an applicable
federal statute or rule, an emission control system;
(10) rearview mirrors on the right and left side of
the driver;
(11) a windshield, unless the operator wears eye
protection while operating the vehicle;
(12) a speedometer, illuminated for nighttime
operation;
(13) for vehicles designed by the manufacturer for
carrying one or more passengers, a bench seat or
side-by-side seat equipped with a seat safety belt for
each passenger;
(14) four wheels in contact with the ground, with
tires that have at least 2/32 inches or greater tire
tread; and
(15) a roll cage.