Bill Text: IL SB1866 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Illinois Vehicle Code. Defines a "low-speed vehicle" as any 4-wheeled vehicle with a maximum speed greater than 20 miles per hour but not greater than 25 miles per hour, that conforms with federal motor vehicle safety standards set forth for that vehicle. Provides the fee for a certificate of title for a low-speed vehicle is $30 and the registration fee is $18. Removes the requirement that the Secretary of State issue distinctive license plates for electric vehicles and adds the requirement the Secretary of State issue distinctive license plates for low-speed vehicles. Provides rules for the operation of a low-speed vehicle on streets. Provides that it is lawful for any person to drive or operate a low-speed vehicle upon any street in this State where the posted speed limit is 30 miles per hour or less and cross a street that has a posted speed limit of 45 mph or less, unless the Department of Transportation or a unit of local government prohibits the operation of low-speed vehicles on streets by regulation, resolution, or ordinance. Provides that operators of low-speed vehicles operated on streets must have a driver's license and are subject to the mandatory insurance provisions of the Illinois Vehicle Code. Makes other changes. Effective January 1, 2010.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2009-08-24 - Public Act . . . . . . . . . 96-0653 [SB1866 Detail]

Download: Illinois-2009-SB1866-Enrolled.html

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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 3-101, 3-412, 3-821, and 7-601 and by adding Sections
1-140.7, 3-805.5, and 11-1426.2 as follows:
(625 ILCS 5/1-140.7 new)
Sec. 1-140.7. Low-speed vehicle. Any 4-wheeled vehicle
with a maximum speed greater than 20 miles per hour but not
greater than 25 miles per hour that conforms with the federal
motor vehicle safety standards set forth in 49 C.F.R. Part
571.500.
(625 ILCS 5/3-101) (from Ch. 95 1/2, par. 3-101)
Sec. 3-101. Certificate of title required.
(a) Except as provided in Section 3-102, every owner of a
vehicle which is in this State and for which no certificate of
title has been issued by the Secretary of State shall make
application to the Secretary of State for a certificate of
title of the vehicle.
(b) Every owner of a motorcycle or motor driven cycle
purchased new on and after January 1, 1980 shall make
application to the Secretary of State for a certificate of

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title. However, if such cycle is not properly manufactured or
equipped for general highway use pursuant to the provisions of
this Act, it shall not be eligible for license registration,
but shall be issued a distinctive certificate of title except
as provided in Sections 3-102 and 3-110 of this Act.
(c) The Secretary of State shall not register or renew the
registration of a vehicle unless a certificate of title has
been issued by the Secretary of State to the owner or an
application therefor has been delivered by the owner to the
Secretary of State.
(d) Every owner of an all-terrain vehicle or off-highway
motorcycle purchased on or after January 1, 1998 shall make
application to the Secretary of State for a certificate of
title.
(e) Every owner of a low-speed vehicle shall make
application to the Secretary of State for a certificate of
title.
(Source: P.A. 90-287, eff. 1-1-98.)
(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
Sec. 3-412. Registration plates and registration stickers
to be furnished by the Secretary of State.
(a) The Secretary of State upon registering a vehicle
subject to annual registration for the first time shall issue
or shall cause to be issued to the owner one registration plate
for a motorcycle, trailer, semitrailer, motorized pedalcycle

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or truck-tractor, 2 registration plates for other motor
vehicles and, where applicable, current registration stickers
for motor vehicles of the first division. The provisions of
this Section may be made applicable to such vehicles of the
second division, as the Secretary of State may, from time to
time, in his discretion designate. On subsequent annual
registrations during the term of the registration plate as
provided in Section 3-414.1, the Secretary shall issue or cause
to be issued registration stickers as evidence of current
registration. However, the issuance of annual registration
stickers to vehicles registered under the provisions of
Sections 3-402.1 and 3-405.3 of this Code may not be required
if the Secretary deems the issuance unnecessary.
(b) Every registration plate shall have displayed upon it
the registration number assigned to the vehicle for which it is
issued, the name of this State, which may be abbreviated, the
year number for which it was issued, which may be abbreviated,
the phrase "Land of Lincoln" (except as otherwise provided in
this Code), and such other letters or numbers as the Secretary
may prescribe. However, for apportionment plates issued to
vehicles registered under Section 3-402.1 and fleet plates
issued to vehicles registered under Section 3-405.3, the phrase
"Land of Lincoln" may be omitted to allow for the word
"apportioned", the word "fleet", or other similar language to
be displayed. Registration plates issued to a vehicle
registered as a fleet vehicle may display a designation

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determined by the Secretary.
The Secretary may in his discretion prescribe that letters
be used as prefixes only on registration plates issued to
vehicles of the first division which are registered under this
Code and only as suffixes on registration plates issued to
other vehicles. Every registration sticker issued as evidence
of current registration shall designate the year number for
which it is issued and such other letters or numbers as the
Secretary may prescribe and shall be of a contrasting color
with the registration plates and registration stickers of the
previous year.
(c) Each registration plate and the required letters and
numerals thereon, except the year number for which issued,
shall be of sufficient size to be plainly readable from a
distance of 100 feet during daylight, and shall be coated with
reflectorizing material. The dimensions of the plate issued to
vehicles of the first division shall be 6 by 12 inches.
(d) The Secretary of State shall issue for every passenger
motor vehicle rented without a driver the same type of
registration plates as the type of plates issued for a private
passenger vehicle.
(e) The Secretary of State shall issue for every passenger
car used as a taxicab or livery, distinctive registration
plates.
(f) The Secretary of State shall issue for every motorcycle
distinctive registration plates distinguishing between

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motorcycles having 150 or more cubic centimeters piston
displacement, or having less than 150 cubic centimeter piston
displacement.
(g) Registration plates issued to vehicles for-hire may
display a designation as determined by the Secretary that such
vehicles are for-hire.
(h) (Blank). The Secretary of State shall issue distinctive
registration plates for electric vehicles.
(i) The Secretary of State shall issue for every public and
private ambulance registration plates identifying the vehicle
as an ambulance. The Secretary shall forward to the Department
of Healthcare and Family Services registration information for
the purpose of verification of claims filed with the Department
by ambulance owners for payment for services to public
assistance recipients.
(j) The Secretary of State shall issue for every public and
private medical carrier or rescue vehicle livery registration
plates displaying numbers within ranges of numbers reserved
respectively for medical carriers and rescue vehicles. The
Secretary shall forward to the Department of Healthcare and
Family Services registration information for the purpose of
verification of claims filed with the Department by owners of
medical carriers or rescue vehicles for payment for services to
public assistance recipients.
(k) The Secretary of State shall issue distinctive license
plates or distinctive license plate stickers for every vehicle

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exempted from subsection (a) of Section 12-503 by subsection
(g) of that Section, and by subsection (g-5) of that Section
before its deletion by this amendatory Act of the 95th General
Assembly. The Secretary shall issue these plates or stickers
immediately upon receiving the physician's certification
required under subsection (g) of Section 12-503. New plates or
stickers shall also be issued when the certification is renewed
as provided in that subsection.
(l) The Secretary of State shall issue distinctive
registration plates for low-speed vehicles.
(Source: P.A. 94-239, eff. 1-1-06; 94-564, eff. 8-12-05;
95-202, eff. 8-16-07; 95-331, eff. 8-21-07.)
(625 ILCS 5/3-805.5 new)
Sec. 3-805.5. Low-speed vehicles. Every owner of a
low-speed vehicle shall make application to the Secretary of
State for registration, or renewal of registration, at the
annual fee of $18.
(625 ILCS 5/3-821) (from Ch. 95 1/2, par. 3-821)
Sec. 3-821. Miscellaneous Registration and Title Fees.
(a) The fee to be paid to the Secretary of State for the
following certificates, registrations or evidences of proper
registration, or for corrected or duplicate documents shall be
in accordance with the following schedule:
Certificate of Title, except for an all-terrain

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vehicle or off-highway motorcycle $65
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle $30
Certificate of Title for an all-terrain vehicle
or off-highway motorcycle used for production
agriculture, or accepted by a dealer in trade 13
Certificate of Title for a low-speed
vehicle 30
Transfer of Registration or any evidence of
proper registration 15
Duplicate Registration Card for plates or other
evidence of proper registration 3
Duplicate Registration Sticker or Stickers issued
on or before February 28, 2005, each 5
Duplicate Registration Sticker or Stickers issued
on or after March 1, 2005, each 20
Duplicate Certificate of Title 65
Corrected Registration Card or Card for other
evidence of proper registration 3
Corrected Certificate of Title 65
Salvage Certificate 4
Fleet Reciprocity Permit 15
Prorate Decal 1
Prorate Backing Plate 3
Special Corrected Certificate of Title 15
A special corrected certificate of title shall be issued

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(i) to remove a co-owner's name due to the death of the
co-owner or due to a divorce or (ii) to change a co-owner's
name due to a marriage.
There shall be no fee paid for a Junking Certificate.
(a-5) The Secretary of State may revoke a certificate of
title and registration card and issue a corrected certificate
of title and registration card, at no fee to the vehicle owner
or lienholder, if there is proof that the vehicle
identification number is erroneously shown on the original
certificate of title.
(b) The Secretary may prescribe the maximum service charge
to be imposed upon an applicant for renewal of a registration
by any person authorized by law to receive and remit or
transmit to the Secretary such renewal application and fees
therewith.
(c) If a check is delivered to the Office of the Secretary
of State as payment of any fee or tax under this Code, and such
check is not honored by the bank on which it is drawn for any
reason, the registrant or other person tendering the check
remains liable for the payment of such fee or tax. The
Secretary of State may assess a service charge of $19 in
addition to the fee or tax due and owing for all dishonored
checks.
If the total amount then due and owing exceeds the sum of
$50 and has not been paid in full within 60 days from the date
such fee or tax became due to the Secretary of State, the

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Secretary of State shall assess a penalty of 25% of such amount
remaining unpaid.
All amounts payable under this Section shall be computed to
the nearest dollar.
(d) The minimum fee and tax to be paid by any applicant for
apportionment of a fleet of vehicles under this Code shall be
$15 if the application was filed on or before the date
specified by the Secretary together with fees and taxes due. If
an application and the fees or taxes due are filed after the
date specified by the Secretary, the Secretary may prescribe
the payment of interest at the rate of 1/2 of 1% per month or
fraction thereof after such due date and a minimum of $8.
(e) Trucks, truck tractors, truck tractors with loads, and
motor buses, any one of which having a combined total weight in
excess of 12,000 lbs. shall file an application for a Fleet
Reciprocity Permit issued by the Secretary of State. This
permit shall be in the possession of any driver operating a
vehicle on Illinois highways. Any foreign licensed vehicle of
the second division operating at any time in Illinois without a
Fleet Reciprocity Permit or other proper Illinois
registration, shall subject the operator to the penalties
provided in Section 3-834 of this Code. For the purposes of
this Code, "Fleet Reciprocity Permit" means any second division
motor vehicle with a foreign license and used only in
interstate transportation of goods. The fee for such permit
shall be $15 per fleet which shall include all vehicles of the

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fleet being registered.
(f) For purposes of this Section, "all-terrain vehicle or
off-highway motorcycle used for production agriculture" means
any all-terrain vehicle or off-highway motorcycle used in the
raising of or the propagation of livestock, crops for sale for
human consumption, crops for livestock consumption, and
production seed stock grown for the propagation of feed grains
and the husbandry of animals or for the purpose of providing a
food product, including the husbandry of blood stock as a main
source of providing a food product. "All-terrain vehicle or
off-highway motorcycle used in production agriculture" also
means any all-terrain vehicle or off-highway motorcycle used in
animal husbandry, floriculture, aquaculture, horticulture, and
viticulture.
(Source: P.A. 95-287, eff. 1-1-08.)
(625 ILCS 5/11-1426.2 new)
Sec. 11-1426.2. Operation of low-speed vehicles on
streets.
(a) Except as otherwise provided in this Section, it is
lawful for any person to drive or operate a low-speed vehicle
upon any street in this State where the posted speed limit is
30 miles per hour or less.
(b) Low-speed vehicles may cross a street at an
intersection where the street being crossed has a posted speed
limit of not more than 45 miles per hour. Low-speed vehicles

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may not cross a street with a speed limit in excess of 45 miles
per hour unless the crossing is at an intersection controlled
by a traffic light or 4-way stop sign.
(c) The Department of Transportation or a municipality,
township, county, or other unit of local government may
prohibit, by regulation, ordinance, or resolution, the
operation of low-speed vehicles on streets under its
jurisdiction if the Department of Transportation or unit of
local government determines that the public safety would be
jeopardized.
(d) Before prohibiting the operation of low-speed vehicles
on a street, the Department of Transportation or unit of local
government must consider the volume, speed, and character of
traffic on the street and determine whether allowing low-speed
vehicles to operate on that street would jeopardize public
safety. Upon determining that low-speed vehicles may not safely
operate on a street, and upon the adoption of an ordinance or
resolution by a unit of local government, or regulation by the
Department of Transportation, appropriate signs shall be
posted in conformance with the State Manual on Uniform Traffic
Control Devices adopted pursuant to Section 11-301 of this
Code.
(e) If a street is under the jurisdiction of more than one
unit of local government, or under the jurisdiction of the
Department of Transportation and one or more units of local
government, low-speed vehicles may be operated on the street

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unless each unit of local government and the Department of
Transportation agree and take action to prohibit such operation
as provided in this Section.
(f) No low-speed vehicle may be operated on any street
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 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
street, a low-speed vehicle shall have its headlight and tail
lamps lighted as required by Section 12-201 of this Code. The
low-speed vehicle shall also have signs or decals permanently
and conspicuously affixed to the rear of the vehicle and the
dashboard of the vehicle stating "This Vehicle May Not Be
Operated on Streets With Speed Limits in Excess of 30 m.p.h."
The lettering of the sign or decal on the rear of the vehicle
shall be not less than 2 inches in height. The lettering on the
sign or decal on the dashboard shall be not less than one-half
inch in height.
(g) A person may not operate a low-speed vehicle upon any
street 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
a foreign jurisdiction.
(h) The operation of a low-speed vehicle upon any street is
subject to the provisions of Chapter 11 of this Code concerning

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the Rules of the Road, and applicable local ordinances.
(i) Every owner of a low-speed vehicle is subject to the
mandatory insurance requirements specified in Article VI of
Chapter 7 of this Code.
(j) Any person engaged in the retail sale of low-speed
vehicles are required to comply with the motor vehicle dealer
licensing, registration, and bonding laws of this State, as
specified in Sections 5-101 and 5-102 of this Code.
Section 99. Effective date. This Act takes effect January
1, 2010.