Bill Text: IL HB5275 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that non-highway vehicles may make a direct crossing upon any street, highway, or road if: (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) when crossing a divided highway, the crossing is made only at an intersection of the highway with another public street, road, or highway.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB5275 Detail]
Download: Illinois-2017-HB5275-Introduced.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 Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 11-1426.1 as follows:
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6 | (625 ILCS 5/11-1426.1) | |||||||||||||||||||
7 | Sec. 11-1426.1. Operation of non-highway vehicles on | |||||||||||||||||||
8 | streets, roads, and highways. | |||||||||||||||||||
9 | (a) As used in this Section, "non-highway vehicle" means a | |||||||||||||||||||
10 | motor vehicle not specifically designed to be used on a public | |||||||||||||||||||
11 | highway, including: | |||||||||||||||||||
12 | (1) an all-terrain vehicle, as defined by Section | |||||||||||||||||||
13 | 1-101.8 of this Code; | |||||||||||||||||||
14 | (2) a golf cart, as defined by Section 1-123.9; | |||||||||||||||||||
15 | (3) an off-highway motorcycle, as defined by Section | |||||||||||||||||||
16 | 1-153.1; and | |||||||||||||||||||
17 | (4) a recreational off-highway vehicle, as defined by | |||||||||||||||||||
18 | Section 1-168.8. | |||||||||||||||||||
19 | (b) Except as otherwise provided in this Section, it is | |||||||||||||||||||
20 | unlawful
for any person to drive or operate a non-highway | |||||||||||||||||||
21 | vehicle
upon any street, highway, or roadway in this State. If | |||||||||||||||||||
22 | the operation of a non-highway vehicle is authorized under | |||||||||||||||||||
23 | subsection (d), the non-highway vehicle may be operated only on |
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1 | streets where the posted speed limit is 35 miles per hour or | ||||||
2 | less. This subsection (b) does not prohibit a non-highway | ||||||
3 | vehicle from crossing a road or street at an intersection where | ||||||
4 | the road or street has a posted speed limit of more than 35 | ||||||
5 | miles per hour. | ||||||
6 | (b-3) Except as provided under subsection (c), non-highway | ||||||
7 | vehicles may make a direct crossing if: | ||||||
8 | (1) the crossing is made at an angle of approximately | ||||||
9 | 90 degrees to the direction of the street, road, or highway | ||||||
10 | and at a place where no obstruction prevents a quick and | ||||||
11 | safe crossing; | ||||||
12 | (2) the non-highway vehicle is brought to a complete | ||||||
13 | stop before attempting a crossing; | ||||||
14 | (3) the operator of the non-highway vehicle yields the | ||||||
15 | right of way to all pedestrian and vehicular traffic which | ||||||
16 | constitutes a hazard; and | ||||||
17 | (4) that when crossing a divided highway, the crossing | ||||||
18 | is made only at an intersection of the highway with another | ||||||
19 | public street, road, or highway. | ||||||
20 | (b-5) A person may not operate a non-highway vehicle upon | ||||||
21 | any street, highway, or roadway in this State unless he or she | ||||||
22 | has a valid driver's license issued in his or her name by the | ||||||
23 | Secretary of State or by a foreign jurisdiction. | ||||||
24 | (c) No person operating a non-highway vehicle shall make a | ||||||
25 | direct crossing upon or across any tollroad,
interstate | ||||||
26 | highway, or controlled access highway in this State. No person |
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1 | operating a non-highway vehicle shall make a direct crossing | ||||||
2 | upon or across any other highway under the jurisdiction of the | ||||||
3 | State except at an intersection of the highway with another | ||||||
4 | public street, road, or highway. | ||||||
5 | (c-5) (Blank). | ||||||
6 | (d) A municipality, township, county, or other unit of | ||||||
7 | local government may authorize, by ordinance or resolution, the | ||||||
8 | operation of non-highway vehicles on roadways under its | ||||||
9 | jurisdiction if the unit of local government determines that | ||||||
10 | the public safety will not be jeopardized. The Department may | ||||||
11 | authorize
the operation of non-highway vehicles on the roadways | ||||||
12 | under its jurisdiction if the Department determines that the | ||||||
13 | public safety will not be jeopardized. The unit of local | ||||||
14 | government or the Department may restrict the types of | ||||||
15 | non-highway vehicles that are authorized to be used on its | ||||||
16 | streets. | ||||||
17 | Before permitting the operation of non-highway vehicles on | ||||||
18 | its roadways,
a municipality, township, county, other unit of | ||||||
19 | local government, or the Department must consider the volume, | ||||||
20 | speed, and character of traffic on the roadway and determine | ||||||
21 | whether non-highway vehicles may safely travel on or cross the | ||||||
22 | roadway. Upon determining that non-highway vehicles may safely | ||||||
23 | operate on a roadway and the adoption of an ordinance or | ||||||
24 | resolution by a municipality, township, county, or other unit | ||||||
25 | of local government, or authorization by the Department, | ||||||
26 | appropriate signs shall be posted. |
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1 | If a roadway is under the jurisdiction of more than one | ||||||
2 | unit of government, non-highway vehicles may not be operated on | ||||||
3 | the roadway unless each
unit of government agrees and takes | ||||||
4 | action as provided in this subsection. | ||||||
5 | (e) No non-highway vehicle may be operated on a roadway | ||||||
6 | unless, at a minimum, it has
the following: brakes, a steering | ||||||
7 | apparatus, tires, a rearview mirror, red reflectorized warning | ||||||
8 | devices in the front and rear, a slow moving emblem (as | ||||||
9 | required of other vehicles in Section 12-709 of this Code) on | ||||||
10 | the rear of the non-highway vehicle, a headlight that emits a | ||||||
11 | white light visible from a distance of 500 feet to the front, a | ||||||
12 | tail lamp that emits a
red light visible from at least 100 feet | ||||||
13 | from the rear, brake lights, and turn signals. When operated on | ||||||
14 | a roadway, a non-highway vehicle shall have its headlight and | ||||||
15 | tail lamps lighted as required by Section 12-201 of this Code. | ||||||
16 | (f) A person who drives or is in actual physical control of | ||||||
17 | a non-highway vehicle on a roadway while under the influence is | ||||||
18 | subject to Sections 11-500 through 11-502 of this Code. | ||||||
19 | (g) Any person who operates a non-highway vehicle on a | ||||||
20 | street, highway, or roadway shall be subject to the mandatory | ||||||
21 | insurance requirements under Article VI of Chapter 7 of this | ||||||
22 | Code. | ||||||
23 | (h) It shall not be unlawful for any person to drive or | ||||||
24 | operate a non-highway vehicle, as defined in paragraphs (1) and | ||||||
25 | (4) of subsection (a) of this Section, on a county roadway or | ||||||
26 | township roadway for the purpose of conducting farming |
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1 | operations to and from the home, farm, farm buildings, and any | ||||||
2 | adjacent or nearby farm land. | ||||||
3 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
4 | not be subject to subsections (e) and (g) of this Section. | ||||||
5 | However, if the non-highway vehicle, as used in this Section, | ||||||
6 | is not covered under a motor vehicle insurance policy pursuant | ||||||
7 | to subsection (g) of this Section, the vehicle must be covered | ||||||
8 | under a farm, home, or non-highway vehicle insurance policy | ||||||
9 | issued with coverage amounts no less than the minimum amounts | ||||||
10 | set for bodily injury or death and for destruction of property | ||||||
11 | under Section 7-203 of this Code. Non-highway vehicles operated | ||||||
12 | on a county or township roadway at any time between one-half | ||||||
13 | hour before sunset and one-half hour after sunrise must be | ||||||
14 | equipped with head lamps and tail lamps, and the head lamps and | ||||||
15 | tail lamps must be lighted. | ||||||
16 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
17 | not make a direct crossing upon or across any tollroad, | ||||||
18 | interstate highway, or controlled access highway in this State. | ||||||
19 | Non-highway vehicles, as used in this subsection (h), shall | ||||||
20 | be allowed to cross a State highway, municipal street, county | ||||||
21 | highway, or road district highway if the operator of the | ||||||
22 | non-highway vehicle makes a direct crossing provided: | ||||||
23 | (1) the crossing is made at an angle of approximately | ||||||
24 | 90 degrees to the direction of the street, road or highway | ||||||
25 | and at a place where no obstruction prevents a quick and | ||||||
26 | safe crossing; |
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1 | (2) the non-highway vehicle is brought to a complete | ||||||
2 | stop before attempting a crossing; | ||||||
3 | (3) the operator of the non-highway vehicle yields the | ||||||
4 | right of way to all pedestrian and vehicular traffic which | ||||||
5 | constitutes a hazard; and | ||||||
6 | (4) that when crossing a divided highway, the crossing | ||||||
7 | is made only at an intersection of the highway with another | ||||||
8 | public street, road, or highway. | ||||||
9 | (i) No action taken by a unit of local government under | ||||||
10 | this Section designates the operation of a non-highway vehicle | ||||||
11 | as an intended or permitted use of property with respect to | ||||||
12 | Section 3-102 of the Local Governmental and Governmental | ||||||
13 | Employees Tort Immunity Act. | ||||||
14 | (Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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