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| Public Act 096-0279 |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Recreational Trails of Illinois Act is | ||||
amended by changing Section 15 as follows:
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(20 ILCS 862/15)
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Sec. 15. Off-Highway Vehicle Trails Fund.
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(a) The Off-Highway Vehicle Trails Fund is created as a | ||||
special fund in the
State treasury.
Money from federal, State, | ||||
and private sources may be
deposited into the Fund.
Fines | ||||
assessed by the Department of Natural Resources for citations | ||||
issued to
off-highway vehicle operators shall be deposited into | ||||
the
Fund. All interest accrued on the Fund shall be deposited | ||||
into the Fund.
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(b) All money in the Fund shall be used, subject to | ||||
appropriation, by the
Department for the following
purposes:
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(1) Grants for construction of off-highway vehicle | ||||
recreational trails on
county, municipal, other units of | ||||
local government, or private lands where a
recreational | ||||
need for
the construction is shown.
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(2) Grants for maintenance and construction of | ||||
off-highway vehicle
recreational
trails on federal
lands, | ||||
where permitted by law.
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(3) Grants for development of off-highway vehicle | ||
trail-side facilities in
accordance
with criteria
approved | ||
by the National Recreational Trails Advisory Committee.
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(4) Grants for acquisition of property from willing | ||
sellers for
off-highway vehicle
recreational
trails when | ||
the objective of a trail cannot be accomplished by other | ||
means.
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(5) Grants for development of urban off-highway | ||
vehicle trail linkages
near homes and
workplaces.
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(6) Grants for maintenance of existing off-highway | ||
vehicle recreational
trails,
including the
grooming and | ||
maintenance of trails across snow.
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(7) Grants for restoration of areas damaged by usage of | ||
off-highway
vehicle
recreational trails and
back country | ||
terrain.
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(8) Grants for provision of features that facilitate | ||
the access and use of
off-highway vehicle trails
by persons | ||
with disabilities.
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(9) Grants for acquisition of easements for | ||
off-highway vehicle trails or
for trail
corridors.
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(10) Grants for a rider education and safety program.
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(11) Administration, enforcement, planning, and | ||
implementation of this Act
and
Section Sections
11-1426 and | ||
11-1427 of the Illinois Vehicle Code.
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Of the money used from the Fund for the purposes set forth | ||
in this
subsection, at least 92% shall be allocated for | ||
motorized recreation and not more than 8% shall be used by the | ||
Department for administration, enforcement, planning, and | ||
implementation of this Act or diverted from the Fund, | ||
notwithstanding any other law to the contrary adopted after the | ||
effective date of this amendatory Act of the 95th General | ||
Assembly. The
Department
shall establish, by rule, measures to | ||
verify that recipients of money from
the Fund comply with the | ||
specified conditions for the use of the money.
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(c) The Department may not use the money from the Fund for | ||
the
following purposes:
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(1) Condemnation of any kind of interest in property.
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(2) Construction of any recreational trail on National | ||
Forest System
land for motorized uses unless those lands
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have been allocated for uses other than wilderness by an | ||
approved
forest land and resource management plan or have | ||
been released to uses
other than wilderness by an Act of | ||
Congress, and
the construction is otherwise consistent | ||
with the management
direction in the approved land and | ||
resource management plan.
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(3) Construction of motorized recreational trails on | ||
Department owned or
managed land.
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(d) The Department shall establish a program to administer | ||
grants from the
Fund to units of local government, | ||
not-for-profit organizations, and
other groups to operate, | ||
maintain, and acquire land for off-highway vehicle
parks that | ||
are open and accessible to the public.
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(Source: P.A. 95-670, eff. 10-11-07.)
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Section 10. The Illinois Vehicle Code is amended by | ||
changing Sections 11-1426.1, 11-1427.2, and 11-1427.3 and by | ||
adding Sections 1-123.9 and 1-148.3m as follows: | ||
(625 ILCS 5/1-123.9 new) | ||
Sec. 1-123.9. Golf cart. A vehicle specifically designed | ||
and intended for the purposes of transporting one or more | ||
persons and their golf clubs or maintenance equipment while | ||
engaged in the playing of golf, supervising the play of golf, | ||
or maintaining the condition of the grounds on a public or | ||
private golf course. | ||
(625 ILCS 5/1-148.3m new) | ||
Sec. 1-148.3m. Neighborhood vehicle. A self-propelled, | ||
electric-powered, four-wheeled motor vehicle (or a | ||
self-propelled, gasoline-powered, four-wheeled motor vehicle | ||
with an engine displacement under 1,200 cubic centimeters) that | ||
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. | ||
(625 ILCS 5/11-1426.1) | ||
Sec. 11-1426.1. Operation of non-highway neighborhood | ||
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) a neighborhood vehicle, as defined by Section | ||
1-148.3m; and | ||
(4) an off-highway motorcycle, as defined by Section | ||
1-153.1. | ||
"neighborhood 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 non-highway | ||
neighborhood vehicle
upon any street, highway, or roadway in | ||
this State. If the operation of a non-highway neighborhood | ||
vehicle is authorized under subsection (d), the non-highway | ||
neighborhood 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 neighborhood | ||
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 neighborhood | ||
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) Except as otherwise provided in subsection (c-5), no | ||
person operating a non-highway neighborhood 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. | ||
(c-5) 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 neighborhood 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 | ||
neighborhood vehicles on the roadways under its jurisdiction if | ||
the Department determines that the public safety will not be | ||
jeopardized. | ||
Before permitting the operation of non-highway | ||
neighborhood 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 | ||
neighborhood vehicles may safely travel on or cross the | ||
roadway. Upon determining that non-highway neighborhood | ||
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 neighborhood 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 neighborhood 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 neighborhood | ||
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 neighborhood 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 neighborhood vehicle on a roadway while under the | ||
influence is subject to Sections 11-500 through 11-502 of this | ||
Code.
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(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. | ||
(Source: P.A. 94-298, eff. 1-1-06; 95-150, 8-14-07; 95-414, | ||
eff. 8-24-07; 95-575, eff. 8-31-07; 95-876, eff. 8-21-08.)
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(625 ILCS 5/11-1427.2)
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Sec. 11-1427.2.
Special all-terrain vehicle or off-highway | ||
motorcycle
event. Nothing contained in Section 11-1426, | ||
11-1427, or 11-1427.1 shall be
construed to
prohibit any
local | ||
authority of this State from designating a special all-terrain | ||
vehicle or
off-highway motorcycle event.
In such case the | ||
provisions of Sections 11-1426, 11-1427, and 11-1427.1 shall
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not apply
to
areas or
highways under the jurisdiction of that | ||
local authority.
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(Source: P.A. 90-287, eff. 1-1-98.)
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(625 ILCS 5/11-1427.3)
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Sec. 11-1427.3. Rules for all-terrain vehicles and | ||
off-highway
motorcycles.
The Department of Natural Resources | ||
may adopt rules to implement and
administer the provisions of | ||
Sections 11-1426, 11-1427, 11-1427.1, and
11-1427.2.
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(Source: P.A. 94-47, eff. 1-1-06.)
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(625 ILCS 5/11-1426 rep.)
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(625 ILCS 5/11-1428 rep.)
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Section 15. The Illinois Vehicle Code is amended by | ||
repealing Sections 11-1426 and 11-1428.
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