Public Act 095-0575
 		





HB1499 Enrolled
LRB095 09870 MJR 31872 b






    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 11-1426 and 11-1426.1 as follows:
 



    (625 ILCS 5/11-1426)  (from Ch. 95 1/2, par. 11-1426)



    Sec. 11-1426. Operation of all-terrain vehicles and 
off-highway
motorcycles on streets, roads
and

highways.

    (a) Except as provided under this Section, it shall be 
unlawful for
any person to drive or operate any all-terrain 
vehicle or off-highway
motorcycle upon any street,
highway or 
roadway in this State.


    (a-1) It shall not be unlawful for any person to drive or 
operate any all-terrain vehicle upon any 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. An all-terrain vehicle that is 
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.

    (b) Except as provided under subsection (c) of this 
Section, all-terrain
vehicles and off-highway motorcycles may 
make 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; and


        (2) The all-terrain vehicle or off-highway motorcycle 
    is brought to a
complete stop before attempting a crossing; 
    and


        (3) The operator of the all-terrain vehicle or 
    off-highway motorcycle
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; and


        (5) That when accessing township roadways in counties 
    which contain a
tract of the Shawnee National Forest, the 
    accessing complies with rules
promulgated by the 
    Department of Natural Resources to
govern the accessing.

    (c) No person operating an all-terrain vehicle or 
off-highway motorcycle
shall make a direct crossing upon or 
across any tollroad, interstate
highway, or controlled access 
highway in this State.

    (d) The corporate authorities of a county, road district, 
township, city,
village, or incorporated town may adopt 
ordinances or resolutions allowing
all-terrain vehicles and 
off-highway motorcycles to be operated on roadways
under their 
jurisdiction, designated by signs as may be prescribed by the

Department, when it is necessary to cross a bridge or culvert 
or when it is
impracticable to gain immediate access to an area 
adjacent to a highway where
an all-terrain vehicle or 
off-highway motorcycle is to be operated.  The
crossing shall be 
made in the same direction as traffic.

    (e) The corporate authorities of a county, road district, 
township, city,
village, or incorporated town may adopt 
ordinances or resolutions designating
one or more specific 
public highways or streets under their jurisdiction as
egress 
and ingress routes for the use of all-terrain vehicles and 
off-highway
motorcycles.  Operation of all-terrain vehicles and 
off-highway motorcycles on
the routes shall be in the same 
direction as traffic.  Corporate authorities
acting under the 
authority of this subsection (e) shall erect and maintain

signs, as may be prescribed by the Department, giving proper 
notice of the
designation.

(Source: P.A. 89-445, eff. 2-7-96; 90-287, eff. 1-1-98.)

 
    (625 ILCS 5/11-1426.1)
    Sec. 11-1426.1. Operation of neighborhood electric 
vehicles on streets, roads, and highways.
    (a) As used in this Section, "neighborhood electric 
vehicle" means a self-propelled, electronically powered 
four-wheeled motor vehicle (or a self-propelled, 
gasoline-powered four-wheeled motor vehicle with an engine 
displacement under 1,200 cubic centimeters) which is capable of 
attaining in one mile a speed of  more than 20 miles per hour, 
but not more than 25 miles per hour, and which conforms to 
federal regulations under Title 49 C.F.R. Part 571.500.
    (b) Except as otherwise provided in this Section, it is 
unlawful
for any person to drive or operate a neighborhood 
electric vehicle
upon any street, highway, or roadway in this 
State.  If the operation of a neighborhood electric vehicle is 
authorized under subsection (d), the neighborhood electric 
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 neighborhood electric 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 neighborhood electric 
vehicle upon any street, highway, or roadway in this State 
unless he or she has a valid Illinois driver's license issued 
in his or her name by the Secretary of State.
    (c) No person operating a neighborhood electric 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.
    (d) A municipality, township, county, or other unit of 
local government may authorize, by ordinance or resolution, the 
operation of neighborhood electric 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 neighborhood electric vehicles 
on the roadways under its jurisdiction if the Department 
determines that the public safety will not be jeopardized.
    Before permitting the operation of neighborhood electric 
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 neighborhood electric vehicles may safely 
travel on or cross the roadway.  Upon determining that 
neighborhood electric 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, neighborhood electric vehicles may not be 
operated on the roadway unless each
unit of government agrees 
and takes action as provided in this subsection.
    (e) No neighborhood electric 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 neighborhood electric 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 neighborhood 
electric 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 neighborhood electric vehicle on a roadway while under the 
influence is subject to Sections 11-500 through 11-502 of this 
Code.

(Source: P.A. 94-298, eff. 1-1-06.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.