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Full Text of HB1263
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HB1263 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1263
Introduced 1/28/2025, by Rep. John M. Cabello
SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-1426.1
Amends the Illinois Vehicle Code. Provides that the operation of a
non-highway vehicle is authorized if it is operated only on streets where
the posted speed limit is 55 (rather than 35) miles per hour or less and
the use of the non-highway vehicle is permitted by the unit of local
government. Provides that a non-highway vehicle may cross a road or street
at an intersection where the road or street has a posted speed limit of
more than 55 (rather than 35) miles per hour. Provides that a county board
located in a county that permits the use of a non-highway vehicle on its
roadways shall not be deemed liable for crashes involving the use of a
non-highway vehicle on its roadways.
LRB104 06006 LNS 16039 b
A BILL FOR
HB1263
LRB104 06006 LNS 16039 b
1
AN ACT concerning transportation.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Illinois Vehicle Code is amended by
5
changing Section 11-1426.1 as follows:
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
HB1263
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LRB104 06006 LNS 16039 b
1
on streets where the posted speed limit is
55
35
miles per hour
2
or less. This subsection (b) does not prohibit a non-highway
3
vehicle from crossing a road or street at an intersection
4
where the road or street has a posted speed limit of more than
5
55
35
miles per hour.
6
(b-5) A person may not operate a non-highway vehicle upon
7
any street, highway, or roadway in this State unless he or she
8
has a valid driver's license issued in his or her name by the
9
Secretary of State or by a foreign jurisdiction.
10
(c) No person operating a non-highway vehicle shall make a
11
direct crossing upon or across any tollroad, interstate
12
highway, or controlled access highway in this State. No person
13
operating a non-highway vehicle shall make a direct crossing
14
upon or across any other highway under the jurisdiction of the
15
State except at an intersection of the highway with another
16
public street, road, or highway.
17
(c-5) (Blank).
18
(d) A municipality, township, county, or other unit of
19
local government may authorize, by ordinance or resolution,
20
the operation of non-highway vehicles on roadways under its
21
jurisdiction if the unit of local government determines that
22
the public safety will not be jeopardized. The Department may
23
authorize the operation of non-highway vehicles on the
24
roadways under its jurisdiction if the Department determines
25
that the public safety will not be jeopardized. The unit of
26
local government or the Department may restrict the types of
HB1263
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LRB104 06006 LNS 16039 b
1
non-highway vehicles that are authorized to be used on its
2
streets.
3
Before permitting the operation of non-highway vehicles on
4
its roadways, a municipality, township, county, other unit of
5
local government, or the Department must consider the volume,
6
speed, and character of traffic on the roadway and determine
7
whether non-highway vehicles may safely travel on or cross the
8
roadway. Upon determining that non-highway vehicles may safely
9
operate on a roadway and the adoption of an ordinance or
10
resolution by a municipality, township, county, or other unit
11
of local government, or authorization by the Department,
12
appropriate signs shall be posted.
13
If a roadway is under the jurisdiction of more than one
14
unit of government, non-highway vehicles may not be operated
15
on the roadway unless each unit of government agrees and takes
16
action as provided in this subsection.
17
(e) No non-highway vehicle may be operated on a roadway
18
unless, at a minimum, it has the following: brakes, a steering
19
apparatus, tires, a rearview mirror, red reflectorized warning
20
devices in the front and rear, a slow moving emblem (as
21
required of other vehicles in Section 12-709 of this Code) on
22
the rear of the non-highway vehicle, a headlight that emits a
23
white light visible from a distance of 500 feet to the front, a
24
tail lamp that emits a red light visible from at least 100 feet
25
from the rear, brake lights, and turn signals. When operated
26
on a roadway, a non-highway vehicle shall have its headlight
HB1263
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and tail lamps lighted as required by Section 12-201 of this
2
Code.
3
(f) A person who drives or is in actual physical control of
4
a non-highway vehicle on a roadway while under the influence
5
is subject to Sections 11-500 through 11-502 of this Code.
6
(g) Any person who operates a non-highway vehicle on a
7
street, highway, or roadway shall be subject to the mandatory
8
insurance requirements under Article VI of Chapter 7 of this
9
Code.
10
(h) It shall not be unlawful for any person to drive or
11
operate a non-highway vehicle, as defined in paragraphs (1)
12
and (4) of subsection (a) of this Section, on a county roadway
13
or township roadway for the purpose of conducting farming
14
operations to and from the home, farm, farm buildings, and any
15
adjacent or nearby farm land.
16
Non-highway vehicles, as used in this subsection (h),
17
shall not be subject to subsections (e) and (g) of this
18
Section. However, if the non-highway vehicle, as used in this
19
Section, is not covered under a motor vehicle insurance policy
20
pursuant to subsection (g) of this Section, the vehicle must
21
be covered under a farm, home, or non-highway vehicle
22
insurance policy issued with coverage amounts no less than the
23
minimum amounts set for bodily injury or death and for
24
destruction of property under Section 7-203 of this Code.
25
Non-highway vehicles operated on a county or township roadway
26
at any time between one-half hour before sunset and one-half
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1
hour after sunrise must be equipped with head lamps and tail
2
lamps, and the head lamps and tail lamps must be lighted.
3
Non-highway vehicles, as used in this subsection (h),
4
shall not make a direct crossing upon or across any tollroad,
5
interstate highway, or controlled access highway in this
6
State.
7
Non-highway vehicles, as used in this subsection (h),
8
shall be allowed to cross a State highway, municipal street,
9
county highway, or road district highway if the operator of
10
the non-highway vehicle makes a direct crossing provided:
11
(1) the crossing is made at an angle of approximately
12
90 degrees to the direction of the street, road or highway
13
and at a place where no obstruction prevents a quick and
14
safe crossing;
15
(2) the non-highway vehicle is brought to a complete
16
stop before attempting a crossing;
17
(3) the operator of the non-highway vehicle yields the
18
right of way to all pedestrian and vehicular traffic which
19
constitutes a hazard; and
20
(4) that when crossing a divided highway, the crossing
21
is made only at an intersection of the highway with
22
another public street, road, or highway.
23
(i) No action taken by a unit of local government under
24
this Section designates the operation of a non-highway vehicle
25
as an intended or permitted use of property with respect to
26
Section 3-102 of the Local Governmental and Governmental
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1
Employees Tort Immunity Act.
2
(j) A county board located in a county that permits the use
3
of a non-highway vehicle on its roadways shall not be deemed
4
liable for crashes involving the use of a non-highway vehicle
5
on its roadways.
6
(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
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