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Public Act 098-0567 Public Act 0567 98TH GENERAL ASSEMBLY |
Public Act 098-0567 | SB1530 Enrolled | LRB098 04216 MLW 34241 b |
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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 |
| 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 Except as otherwise provided in subsection (c-5), no | person operating a non-highway vehicle shall make a direct | crossing upon or across any highway under the jurisdiction of | the State, 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). A person may make a direct crossing at an | intersection controlled by a traffic light or 4-way stop sign | upon or across a highway under the jurisdiction of the State if | the speed limit on the highway is 35 miles per hour or less at | the place of crossing. | (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 | 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. | 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 | 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. 96-279, eff. 1-1-10; 96-1434, eff. 8-11-10; | 97-144, eff. 7-14-11.) | Section 10. The Boat Registration and Safety Act is amended | by changing Section 4-1 as follows:
| (625 ILCS 45/4-1) (from Ch. 95 1/2, par. 314-1)
| Sec. 4-1. Personal flotation devices.
| A. No person may operate a watercraft
unless at least one | U.S. Coast Guard approved PFD of the following types or
their | equivalent is on board for each person: Type I, Type II or Type | III.
| B. No person may operate a personal watercraft or specialty | prop-craft
unless each person aboard is wearing a Type I, Type | II, Type III or Type V
PFD approved by the United States Coast | Guard.
| C. No person may operate a watercraft 16 feet or more in | length,
except a canoe or kayak, unless at least one Type IV | U.S. Coast Guard
approved PFD or its equivalent is on board in | addition to the PFD's
required in paragraph A of this Section.
| D. A U.S. Coast Guard approved Type V personal flotation |
| device may be
carried in lieu of the Type I, II, III or IV | personal flotation device
required in this Section, if the Type | V personal flotation device is
approved for the activity in | which it is being used.
| E. When assisting a person on waterskis, aquaplane or | similar
device, there must be one U.S. Coast Guard approved PFD | on
board the watercraft for each person being assisted or towed | or worn
by the person being assisted or towed.
| F. No person may operate a watercraft unless each device | required by
this Section is:
| 1. Readily accessible;
| 2. In serviceable condition;
| 3. Of the appropriate size for the person for whom it | is intended;
and
| 4. Legibly marked with the U.S. Coast Guard approval | number.
| G. Approved personal flotation devices are defined as | follows:
| Type I - A Type I personal flotation device is an | approved device
designed to turn an unconscious person in | the water from a face downward
position to a vertical or | slightly backward position and to have more
than 20 pounds | of buoyancy.
| Type II - A Type II personal flotation device is an | approved device
designed to turn an unconscious person in | the water from a face downward
position to a vertical or |
| slightly backward position and to have at
least 15 1/2 | pounds of buoyancy.
| Type III - A Type III personal flotation device is an | approved device
designed to keep a conscious person in a | vertical or slightly backward
position and to have at least | 15 1/2 pounds of buoyancy.
| Type IV - A Type IV personal flotation device is an | approved device
designed to be thrown to a person in the | water and not worn. It is
designed to have at least 16 1/2 | pounds of buoyancy.
| Type V - A Type V personal flotation device is an | approved device for
restricted use and is acceptable only | when used in the activity for which
it is approved.
| H. The provisions of subsections A through G of
this | Section shall not apply to sailboards.
| I. No person may operate a watercraft under 26 feet in | length unless a
Type I, Type II, Type III,
or Type V personal | flotation device is being properly worn by each person
under
| the age of 13 on board the watercraft at all times in which the | watercraft is
underway; however, this requirement shall not | apply to persons who are below
decks or in totally enclosed | cabin spaces.
The provisions of this subsection I shall not | apply to a person operating a
watercraft on private property.
| J. Racing shells, rowing sculls, racing canoes, and racing | kayaks are exempt from the PFD, of any type, carriage | requirements under this Section provided that the racing shell, |
| racing scull, racing canoe, or racing kayak is participating in | an event sanctioned by the Department as a PFD optional event. | The Department may adopt rules to implement this subsection. | (Source: P.A. 97-801, eff. 1-1-13.)
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Effective Date: 1/1/2014
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