Bill Text: IL HB5324 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that if the operation of a non-highway vehicle is authorized under a certain provision in the Code, the vehicle may be operated only on streets where the posted speed limit is 55 miles per hour or less (rather than 35 miles per hour or less).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5324 Detail]

Download: Illinois-2017-HB5324-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5324 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1426.1
Amends the Illinois Vehicle Code. Provides that if the operation of a non-highway vehicle is authorized under a certain provision in the Code, the vehicle may be operated only on streets where the posted speed limit is 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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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 11-1426.1 as follows:
(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) an all-terrain vehicle, as defined by 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

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streets where the posted speed limit is 55 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 55 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
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

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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
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

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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.
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

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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
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.)