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Full Text of HB3239
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HB3239 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3239
Introduced 2/18/2025, by Rep. Tony M. McCombie
SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Vehicle Code. Sets forth provisions concerning
certificates of title and registration plates for large non-highway
vehicles and recreational off-highway vehicles. Requires every owner of a
large non-highway vehicle or a recreational off-highway vehicle to make
application to the Secretary of State for registration, or renewal of
registration, at a fee of $30 every 2 years. Sets forth provisions
concerning the distribution of the fees. Removes provisions requiring
surcharges to be collected for each non-highway vehicle and each
off-highway vehicle. Provides that the cost for a Certificate of Title for
a large non-highway vehicle and recreational off-highway vehicle is $250.
Provides that the cost for a Certificate of Title for a large non-highway
vehicle and recreational off-highway vehicle used for production
agriculture, or accepted by a dealer in trade is $125. Provides that if the
operation of a utility-type vehicle is authorized, then the utility-type
vehicle may be operated only during daylight hours at a maximum speed of 45
miles per hour on streets where the posted speed limit is 55 miles per hour
or less. Prohibits a person from operating a utility-type vehicle upon any
street, highway, or roadway in the State unless the person has a valid
driver's license issued in the person's name by the Secretary of State or
by a foreign jurisdiction and the person is 18 years of age. Prohibits a
person operating a utility-type vehicle from making a direct crossing upon
or across any tollroad, interstate highway, or controlled access highway
in the State, and prohibits a person operating a utility-type vehicle from
making 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. Provides additional requirements
for utility-type vehicles. Adds language to allow ordinances to supersede
specified provisions concerning large non-highway vehicles and
utility-type vehicles.
LRB104 07841 LNS 17887 b
A BILL FOR
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LRB104 07841 LNS 17887 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 Sections 3-101, 3-412, 3-821, 11-1403.3, 11-1426.1,
6
and 11-1427.5 and by adding Sections 1-136.1, 3-805.6,
7
3-805.7, 11-1426.3, and 11-1427.6 as follows:
8
(625 ILCS 5/1-136.1 new)
9
Sec. 1-136.1.
Large non-highway vehicle.
Any motorized
10
off-highway device designed to travel primarily off-highway,
11
greater than 64 inches and not more than 75 inches in width,
12
having a manufacturer's dry weight of 3,500 pounds or less,
13
traveling on 4 or more non-highway tires, designed with a
14
non-straddle seat and a steering wheel for steering control,
15
except equipment such as lawnmowers.
16
(625 ILCS 5/3-101)
(from Ch. 95 1/2, par. 3-101)
17
Sec. 3-101.
Certificate of title required.
18
(a) Except as provided in Section 3-102, every owner of a
19
vehicle which is in this State and for which no Illinois
20
certificate of title has been issued by the Secretary of State
21
shall make application to the Secretary of State for an
22
Illinois certificate of title of the vehicle. Except as
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1
provided in Section 3-102, every owner of a vehicle, excluding
2
vehicles acquired by insurance companies through a settlement
3
of an insurance claim or by lienholders taking title through
4
repossession, that is in this State for which no Illinois
5
certificate of title has been issued by the Secretary of State
6
and every owner of a vehicle that is in the State applying for
7
a duplicate certificate of title or a corrected certificate of
8
title, including a dealer lien release certificate of title,
9
must make application to the Secretary of State for an
10
Illinois duplicate certificate of title or corrected
11
certificate of title. A certificate of title issued to any
12
owner of a vehicle, excluding vehicles acquired by insurance
13
companies through a settlement of an insurance claim or by
14
lienholders taking title through repossession, in this State
15
showing an Illinois address for the owner that has been issued
16
by an entity other than the Secretary of State must be
17
converted to an Illinois title before the owner can transfer
18
ownership of the vehicle.
19
Under no circumstances shall a dealer required to obtain
20
an Illinois certificate of title pursuant to this Code be
21
allowed to obtain an out-of-state certificate of title for
22
purposes of a vehicle held for sale in this State by the
23
dealer. Under no circumstances shall a dealer be allowed to
24
obtain an out-of-state certificate of title in lieu of an
25
Illinois-issued dealer lien release certificate of title when
26
a dealer may have need of such title issuance. Nothing in this
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1
Section shall be construed so as to allow a dealer to acquire
2
an out-of-state certificate of title in lieu of acquiring an
3
Illinois certificate of title for purposes of a vehicle held
4
for sale in this State by the dealer.
5
(b) Every owner of a motorcycle or motor driven cycle
6
purchased new on and after January 1, 1980 shall make
7
application to the Secretary of State for a certificate of
8
title. However, if such cycle is not properly manufactured or
9
equipped for general highway use pursuant to the provisions of
10
this Act, it shall not be eligible for license registration,
11
but shall be issued a distinctive certificate of title except
12
as provided in Sections 3-102 and 3-110 of this Act.
13
(c) The Secretary of State shall not register or renew the
14
registration of a vehicle unless a certificate of title has
15
been issued by the Secretary of State to the owner or an
16
application therefor has been delivered by the owner to the
17
Secretary of State.
18
(d) Every owner of an all-terrain vehicle or off-highway
19
motorcycle purchased on or after January 1, 1998 shall make
20
application to the Secretary of State for a certificate of
21
title.
22
(e) Every owner of a low-speed vehicle manufactured after
23
January 1, 2010 shall make application to the Secretary of
24
State for a certificate of title.
25
(f) Every owner of a large non-highway vehicle
26
manufactured after January 1, 2010 shall make application to
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1
the Secretary of State for a certificate of title.
2
(g) Every owner of a recreational off-highway vehicle
3
manufactured after January 1, 2010 shall make application to
4
the Secretary of State for a certificate of title.
5
(Source: P.A. 103-891, eff. 8-9-24.)
6
(625 ILCS 5/3-412)
(from Ch. 95 1/2, par. 3-412)
7
Sec. 3-412.
Registration plates or digital registration
8
plates and registration stickers or digital registration
9
stickers to be furnished by the Secretary of State.
10
(a) The Secretary of State upon registering a vehicle
11
subject to annual registration for the first time shall issue
12
or shall cause to be issued to the owner one registration plate
13
or digital registration plate for a motorcycle, trailer,
14
semitrailer, moped, autocycle, or truck-tractor, 2
15
registration plates, or a digital registration plate and metal
16
plate as set forth in Section 3-401.5, for other motor
17
vehicles and, where applicable, current registration stickers
18
or digital registration stickers for motor vehicles of the
19
first division. The provisions of this Section may be made
20
applicable to such vehicles of the second division, as the
21
Secretary of State may, from time to time, in his discretion
22
designate. On subsequent annual registrations during the term
23
of the registration plate or digital registration plate as
24
provided in Section 3-414.1, the Secretary shall issue or
25
cause to be issued registration stickers or digital
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1
registration stickers as evidence of current registration.
2
However, the issuance of annual registration stickers or
3
digital registration stickers to vehicles registered under the
4
provisions of Sections 3-402.1 and 3-405.3 of this Code may
5
not be required if the Secretary deems the issuance
6
unnecessary.
7
(b) Every registration plate or digital registration plate
8
shall have displayed upon it the registration number assigned
9
to the vehicle for which it is issued, the name of this State,
10
which may be abbreviated, the year number for which it was
11
issued, which may be abbreviated, the phrase "Land of Lincoln"
12
(except as otherwise provided in this Code), and such other
13
letters or numbers as the Secretary may prescribe. However,
14
for apportionment plates issued to vehicles registered under
15
Section 3-402.1 and fleet plates issued to vehicles registered
16
under Section 3-405.3, the phrase "Land of Lincoln" may be
17
omitted to allow for the word "apportioned", the word "fleet",
18
or other similar language to be displayed. Registration plates
19
or digital registration plates issued to a vehicle registered
20
as a fleet vehicle may display a designation determined by the
21
Secretary.
22
The Secretary may in his discretion prescribe that letters
23
be used as prefixes only on registration plates or digital
24
registration plates issued to vehicles of the first division
25
which are registered under this Code and only as suffixes on
26
registration plates or digital registration plates issued to
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1
other vehicles. Every registration sticker or digital
2
registration sticker issued as evidence of current
3
registration shall designate the year number for which it is
4
issued and such other letters or numbers as the Secretary may
5
prescribe and shall be of a contrasting color with the
6
registration plates or digital registration plates and
7
registration stickers or digital registration stickers of the
8
previous year.
9
(c) Each registration plate or digital registration plate
10
and the required letters and numerals thereon, except the year
11
number for which issued, shall be of sufficient size to be
12
plainly readable from a distance of 100 feet during daylight,
13
and shall be coated with reflectorizing material. The
14
dimensions of the plate issued to vehicles of the first
15
division shall be 6 by 12 inches.
16
(d) The Secretary of State shall issue for every passenger
17
motor vehicle rented without a driver the same type of
18
registration plates or digital registration plates as the type
19
of plates issued for a private passenger vehicle.
20
(e) The Secretary of State shall issue for every passenger
21
car used as a taxicab or livery, distinctive registration
22
plates or digital registration plates.
23
(f) The Secretary of State shall issue for every
24
motorcycle distinctive registration plates or digital
25
registration plates distinguishing between motorcycles having
26
150 or more cubic centimeters piston displacement, or having
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1
less than 150 cubic centimeter piston displacement.
2
(g) Registration plates or digital registration plates
3
issued to vehicles for-hire may display a designation as
4
determined by the Secretary that such vehicles are for-hire.
5
(h) (Blank).
6
(i) The Secretary of State shall issue for every public
7
and private ambulance registration plates or digital
8
registration plates identifying the vehicle as an ambulance.
9
The Secretary shall forward to the Department of Healthcare
10
and Family Services registration information for the purpose
11
of verification of claims filed with the Department by
12
ambulance owners for payment for services to public assistance
13
recipients.
14
(j) The Secretary of State shall issue for every public
15
and private medical carrier or rescue vehicle livery
16
registration plates or digital registration plates displaying
17
numbers within ranges of numbers reserved respectively for
18
medical carriers and rescue vehicles. The Secretary shall
19
forward to the Department of Healthcare and Family Services
20
registration information for the purpose of verification of
21
claims filed with the Department by owners of medical carriers
22
or rescue vehicles for payment for services to public
23
assistance recipients.
24
(k) The Secretary of State shall issue distinctive license
25
plates or digital registration plates or distinctive license
26
plate stickers or digital registration stickers for every
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1
vehicle exempted from subsections (a) and (a-5) of Section
2
12-503 by subsection (g) of that Section, and by subsection
3
(g-5) of that Section before its deletion by this amendatory
4
Act of the 95th General Assembly. The Secretary shall issue
5
these plates or stickers immediately upon receiving the
6
physician's certification required under subsection (g) of
7
Section 12-503. New plates or stickers shall also be issued
8
when the certification is renewed as provided in that
9
subsection.
10
(l) The Secretary of State shall issue distinctive
11
registration plates or digital registration plates for
12
low-speed vehicles.
13
(m) The Secretary of State shall issue distinctive
14
registration plates or digital registration plates for
15
autocycles. The dimensions of the plate issued to autocycles
16
shall be 4 by 7 inches.
17
(n) The Secretary of State shall issue distinctive
18
registration plates or digital registration plates for large
19
non-highway vehicles.
20
(o) The Secretary of State shall issue distinctive
21
registration plates or digital registration plates for
22
recreational off-highway vehicles.
23
(Source: P.A. 101-395, eff. 8-16-19.)
24
(625 ILCS 5/3-805.6 new)
25
Sec. 3-805.6.
Large non-highway vehicle.
Every owner of a
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1
large non-highway vehicle shall make application to the
2
Secretary of State for registration, or renewal of
3
registration, at a fee of $30 every 2 years. Of each fee
4
collected for a large non-highway vehicle, $2 of each fee
5
shall be deposited into the State Police Vehicle Fund, $1 of
6
each fee shall be deposited into the Park and Conservation
7
Fund for the Department of Natural Resources to use for
8
conservation efforts, and the remainder of each fee shall be
9
deposited into the Road Fund. Counties authorizing the use of
10
utility-terrain vehicles on its roadway may assess a fee.
11
(625 ILCS 5/3-805.7 new)
12
Sec. 3-805.7.
Recreational off-highway vehicle.
Every
13
owner of a recreational off-highway vehicle shall make
14
application to the Secretary of State for registration, or
15
renewal of registration, at a fee of $30 every 2 years. Of each
16
fee collected for a recreational off-highway vehicle, $2 of
17
each fee shall be deposited into the State Police Vehicle
18
Fund, $1 of each fee shall be deposited into the Park and
19
Conservation Fund for the Department of Natural Resources to
20
use for conservation efforts, and the remainder of each fee
21
shall be deposited into the Road Fund. Counties authorizing
22
the use of utility-terrain vehicles on its roadway may assess
23
a fee.
24
(625 ILCS 5/3-821)
(from Ch. 95 1/2, par. 3-821)
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1
Sec. 3-821.
Miscellaneous registration and title fees.
2
(a) Except as provided under subsection (h), the fee to be
3
paid to the Secretary of State for the following certificates,
4
registrations or evidences of proper registration, or for
5
corrected or duplicate documents shall be in accordance with
6
the following schedule:
7
Certificate of Title for a large
8
non-highway vehicle and recreational
9
off-highway vehicle
$250
10
Certificate of Title for a large
11
non-highway vehicle and recreational
12
off-highway vehicle used for production
13
agriculture, or accepted by a dealer in trade
$125
14
Certificate of Title, except for an all-terrain
15
vehicle, off-highway motorcycle, or motor home, mini
16
motor home or van camper
$165
17
Certificate of Title for a motor home, mini motor
18
home, or van camper
$250
19
Certificate of Title for an all-terrain vehicle
20
or off-highway motorcycle
$30
21
Certificate of Title for an all-terrain vehicle
22
or off-highway motorcycle used for production
23
agriculture, or accepted by a dealer in trade
$13
24
Certificate of Title for a low-speed vehicle
$30
25
Transfer of Registration or any evidence of
26
proper registration
$25
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LRB104 07841 LNS 17887 b
1
Duplicate Registration Card for plates or other
2
evidence of proper registration
$3
3
Duplicate Registration Sticker or Stickers, each
$20
4
Duplicate Certificate of Title
$50
5
Corrected Registration Card or Card for other
6
evidence of proper registration
$3
7
Corrected Certificate of Title
$50
8
Salvage Certificate
$20
9
Fleet Reciprocity Permit
$15
10
Prorate Decal
$1
11
Prorate Backing Plate
$3
12
Special Corrected Certificate of Title
$15
13
Expedited Title Service (to be charged in
14
addition to other applicable fees)
$30
15
Dealer Lien Release Certificate of Title
$20
16
A special corrected certificate of title shall be issued
17
(i) to remove a co-owner's name due to the death of the
18
co-owner, to transfer title to a spouse if the decedent-spouse
19
was the sole owner on the title, or due to a divorce; (ii) to
20
change a co-owner's name due to a marriage; or (iii) due to a
21
name change under Article XXI of the Code of Civil Procedure.
22
There shall be no fee paid for a Junking Certificate.
23
There shall be no fee paid for a certificate of title
24
issued to a county when the vehicle is forfeited to the county
25
under Article 36 of the Criminal Code of 2012.
26
For purposes of this Section, the fee for a corrected
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LRB104 07841 LNS 17887 b
1
title application that also results in the issuance of a
2
duplicate title shall be the same as the fee for a duplicate
3
title.
4
(a-5) The Secretary of State may revoke a certificate of
5
title and registration card and issue a corrected certificate
6
of title and registration card, at no fee to the vehicle owner
7
or lienholder, if there is proof that the vehicle
8
identification number is erroneously shown on the original
9
certificate of title.
10
(a-10) The Secretary of State may issue, in connection
11
with the sale of a motor vehicle, a corrected title to a motor
12
vehicle dealer upon application and submittal of a lien
13
release letter from the lienholder listed in the files of the
14
Secretary. In the case of a title issued by another state, the
15
dealer must submit proof from the state that issued the last
16
title. The corrected title, which shall be known as a dealer
17
lien release certificate of title, shall be issued in the name
18
of the vehicle owner without the named lienholder. If the
19
motor vehicle is currently titled in a state other than
20
Illinois, the applicant must submit either (i) a letter from
21
the current lienholder releasing the lien and stating that the
22
lienholder has possession of the title; or (ii) a letter from
23
the current lienholder releasing the lien and a copy of the
24
records of the department of motor vehicles for the state in
25
which the vehicle is titled, showing that the vehicle is
26
titled in the name of the applicant and that no liens are
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LRB104 07841 LNS 17887 b
1
recorded other than the lien for which a release has been
2
submitted. The fee for the dealer lien release certificate of
3
title is $20.
4
(b) The Secretary may prescribe the maximum service charge
5
to be imposed upon an applicant for renewal of a registration
6
by any person authorized by law to receive and remit or
7
transmit to the Secretary such renewal application and fees
8
therewith.
9
(c) If payment is delivered to the Office of the Secretary
10
of State as payment of any fee or tax under this Code, and such
11
payment is not honored for any reason, the registrant or other
12
person tendering the payment remains liable for the payment of
13
such fee or tax. The Secretary of State may assess a service
14
charge of $25 in addition to the fee or tax due and owing for
15
all dishonored payments.
16
If the total amount then due and owing exceeds the sum of
17
$100 and has not been paid in full within 60 days from the date
18
the dishonored payment was first delivered to the Secretary of
19
State, the Secretary of State shall assess a penalty of 25% of
20
such amount remaining unpaid.
21
All amounts payable under this Section shall be computed
22
to the nearest dollar. Out of each fee collected for
23
dishonored payments, $5 shall be deposited in the Secretary of
24
State Special Services Fund.
25
(d) The minimum fee and tax to be paid by any applicant for
26
apportionment of a fleet of vehicles under this Code shall be
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1
$15 if the application was filed on or before the date
2
specified by the Secretary together with fees and taxes due.
3
If an application and the fees or taxes due are filed after the
4
date specified by the Secretary, the Secretary may prescribe
5
the payment of interest at the rate of 1/2 of 1% per month or
6
fraction thereof after such due date and a minimum of $8.
7
(e) Trucks, truck tractors, truck tractors with loads, and
8
motor buses, any one of which having a combined total weight in
9
excess of 12,000 lbs. shall file an application for a Fleet
10
Reciprocity Permit issued by the Secretary of State. This
11
permit shall be in the possession of any driver operating a
12
vehicle on Illinois highways. Any foreign licensed vehicle of
13
the second division operating at any time in Illinois without
14
a Fleet Reciprocity Permit or other proper Illinois
15
registration, shall subject the operator to the penalties
16
provided in Section 3-834 of this Code. For the purposes of
17
this Code, "Fleet Reciprocity Permit" means any second
18
division motor vehicle with a foreign license and used only in
19
interstate transportation of goods. The fee for such permit
20
shall be $15 per fleet which shall include all vehicles of the
21
fleet being registered.
22
(f) For purposes of this Section, "all-terrain vehicle or
23
off-highway motorcycle used for production agriculture" means
24
any all-terrain vehicle or off-highway motorcycle used in the
25
raising of or the propagation of livestock, crops for sale for
26
human consumption, crops for livestock consumption, and
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LRB104 07841 LNS 17887 b
1
production seed stock grown for the propagation of feed grains
2
and the husbandry of animals or for the purpose of providing a
3
food product, including the husbandry of blood stock as a main
4
source of providing a food product. "All-terrain vehicle or
5
off-highway motorcycle used in production agriculture" also
6
means any all-terrain vehicle or off-highway motorcycle used
7
in animal husbandry, floriculture, aquaculture, horticulture,
8
and viticulture.
9
(f-5) For purposes of this Section, "large non-highway
10
vehicle and recreational off-highway vehicle used for
11
production agriculture" means any large non-highway vehicle
12
and recreational off-highway vehicle used in the raising of or
13
the propagation of livestock, crops for sale for human
14
consumption, crops for livestock consumption, and production
15
seed stock grown for the propagation of feed grains and the
16
husbandry of animals or for the purpose of providing a food
17
product, including the husbandry of blood stock as a main
18
source of providing a food product. "Large non-highway vehicle
19
and recreational off-highway vehicle used in production
20
agriculture" also means any large non-highway vehicle and
21
recreational off-highway vehicle used in animal husbandry,
22
floriculture, aquaculture, horticulture, and viticulture.
23
(g) All of the proceeds of the additional fees imposed by
24
Public Act 96-34 shall be deposited into the Capital Projects
25
Fund.
26
(h) The fee for a duplicate registration sticker or
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LRB104 07841 LNS 17887 b
1
stickers shall be the amount required under subsection (a) or
2
the vehicle's annual registration fee amount, whichever is
3
less.
4
(i) All of the proceeds of (1) the additional fees imposed
5
by Public Act 101-32, and (2) the $5 additional fee imposed by
6
this amendatory Act of the 102nd General Assembly for a
7
certificate of title for a motor vehicle other than an
8
all-terrain vehicle, off-highway motorcycle, or motor home,
9
mini motor home, or van camper shall be deposited into the Road
10
Fund.
11
(j) Beginning July 1, 2023, the $10 additional fee imposed
12
by this amendatory Act of the 103rd General Assembly for a
13
Certificate of Title shall be deposited into the Secretary of
14
State Special Services Fund.
15
(Source: P.A. 102-353, eff. 1-1-22; 103-8, eff. 7-1-23.)
16
(625 ILCS 5/11-1403.3)
(from Ch. 95 1/2, par. 11-1403.3)
17
Sec. 11-1403.3.
Intercom helmets.
Any driver of a vehicle
18
defined in Section
1-136.1,
1-145.001, 1-147,
or
1-148.2
, or
19
1-168.8
of this Code may use a helmet equipped with an
20
electronic intercom system permitting 2-way vocal
21
communication with drivers of any such vehicles or passengers
22
on such vehicles.
23
(Source: P.A. 90-89, eff. 1-1-98.)
24
(625 ILCS 5/11-1426.1)
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Sec. 11-1426.1.
Operation of non-highway vehicles on
2
streets, roads, and highways.
3
(a) As used in this Section, "non-highway vehicle" means a
4
motor vehicle not specifically designed to be used on a public
5
highway, including:
6
(1) an all-terrain vehicle, as defined by Section
7
1-101.8 of this Code;
8
(2) a golf cart, as defined by Section 1-123.9;
9
(3) an off-highway motorcycle, as defined by Section
10
1-153.1; and
11
(4)
(blank).
a recreational off-highway vehicle, as
12
defined by Section 1-168.8.
13
(b) Except as otherwise provided in this Section, it is
14
unlawful for any person to drive or operate a non-highway
15
vehicle upon any street, highway, or roadway in this State. If
16
the operation of a non-highway vehicle is authorized under
17
subsection (d), the non-highway vehicle may be operated only
18
on streets where the posted speed limit is 35 miles per hour or
19
less. This subsection (b) does not prohibit a non-highway
20
vehicle from crossing a road or street at an intersection
21
where the road or street has a posted speed limit of more than
22
35 miles per hour.
23
(b-5) A person may not operate a non-highway vehicle upon
24
any street, highway, or roadway in this State unless he or she
25
has a valid driver's license issued in his or her name by the
26
Secretary of State or by a foreign jurisdiction.
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1
(c) No person operating a non-highway vehicle shall make a
2
direct crossing upon or across any tollroad, interstate
3
highway, or controlled access highway in this State. No person
4
operating a non-highway vehicle shall make a direct crossing
5
upon or across any other highway under the jurisdiction of the
6
State except at an intersection of the highway with another
7
public street, road, or highway.
8
(c-5) (Blank).
9
(d) A municipality, township, county, or other unit of
10
local government may authorize, by ordinance or resolution,
11
the operation of non-highway vehicles on roadways under its
12
jurisdiction if the unit of local government determines that
13
the public safety will not be jeopardized. The Department may
14
authorize the operation of non-highway vehicles on the
15
roadways under its jurisdiction if the Department determines
16
that the public safety will not be jeopardized. The unit of
17
local government or the Department may restrict the types of
18
non-highway vehicles that are authorized to be used on its
19
streets.
20
Before permitting the operation of non-highway vehicles on
21
its roadways, a municipality, township, county, other unit of
22
local government, or the Department must consider the volume,
23
speed, and character of traffic on the roadway and determine
24
whether non-highway vehicles may safely travel on or cross the
25
roadway. Upon determining that non-highway vehicles may safely
26
operate on a roadway and the adoption of an ordinance or
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1
resolution by a municipality, township, county, or other unit
2
of local government, or authorization by the Department,
3
appropriate signs shall be posted.
4
If a roadway is under the jurisdiction of more than one
5
unit of government, non-highway vehicles may not be operated
6
on the roadway unless each unit of government agrees and takes
7
action as provided in this subsection.
8
(e) No non-highway vehicle may be operated on a roadway
9
unless, at a minimum, it has the following: brakes, a steering
10
apparatus, tires, a rearview mirror, red reflectorized warning
11
devices in the front and rear, a slow moving emblem (as
12
required of other vehicles in Section 12-709 of this Code) on
13
the rear of the non-highway vehicle, a headlight that emits a
14
white light visible from a distance of 500 feet to the front, a
15
tail lamp that emits a red light visible from at least 100 feet
16
from the rear, brake lights, and turn signals. When operated
17
on a roadway, a non-highway vehicle shall have its headlight
18
and tail lamps lighted as required by Section 12-201 of this
19
Code.
20
(f) A person who drives or is in actual physical control of
21
a non-highway vehicle on a roadway while under the influence
22
is subject to Sections 11-500 through 11-502 of this Code.
23
(f-5) Any driver or passenger of a non-highway vehicle is
24
subject to Sections 11-502 through 11-502.15.
25
(g) Any person who operates a non-highway vehicle on a
26
street, highway, or roadway shall be subject to the mandatory
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1
insurance requirements under Article VI of Chapter 7 of this
2
Code.
3
(h) It shall not be unlawful for any person to drive or
4
operate a non-highway vehicle, as defined in paragraphs (1)
5
and (4) of subsection (a) of this Section, on a county roadway
6
or township roadway for the purpose of conducting farming
7
operations to and from the home, farm, farm buildings, and any
8
adjacent or nearby farm land.
9
Non-highway vehicles, as used in this subsection (h),
10
shall not be subject to subsections (e) and (g) of this
11
Section. However, if the non-highway vehicle, as used in this
12
Section, is not covered under a motor vehicle insurance policy
13
pursuant to subsection (g) of this Section, the vehicle must
14
be covered under a farm, home, or non-highway vehicle
15
insurance policy issued with coverage amounts no less than the
16
minimum amounts set for bodily injury or death and for
17
destruction of property under Section 7-203 of this Code.
18
Non-highway vehicles operated on a county or township roadway
19
at any time between one-half hour before sunset and one-half
20
hour after sunrise must be equipped with head lamps and tail
21
lamps, and the head lamps and tail lamps must be lighted.
22
Non-highway vehicles, as used in this subsection (h),
23
shall not make a direct crossing upon or across any tollroad,
24
interstate highway, or controlled access highway in this
25
State.
26
Non-highway vehicles, as used in this subsection (h),
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1
shall be allowed to cross a State highway, municipal street,
2
county highway, or road district highway if the operator of
3
the non-highway vehicle makes a direct crossing provided:
4
(1) the crossing is made at an angle of approximately
5
90 degrees to the direction of the street, road or highway
6
and at a place where no obstruction prevents a quick and
7
safe crossing;
8
(2) the non-highway vehicle is brought to a complete
9
stop before attempting a crossing;
10
(3) the operator of the non-highway vehicle yields the
11
right of way to all pedestrian and vehicular traffic which
12
constitutes a hazard; and
13
(4) that when crossing a divided highway, the crossing
14
is made only at an intersection of the highway with
15
another public street, road, or highway.
16
(i) No action taken by a unit of local government under
17
this Section designates the operation of a non-highway vehicle
18
as an intended or permitted use of property with respect to
19
Section 3-102 of the Local Governmental and Governmental
20
Employees Tort Immunity Act.
21
(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)
22
(625 ILCS 5/11-1426.3 new)
23
Sec. 11-1426.3.
Operation of utility-type vehicles on
24
streets, roads, and highways.
25
(a) As used in this Section, "utility-type vehicle" means
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1
a motor vehicle not specifically designed to be used on a
2
public highway, including:
3
(1) A large non-highway vehicle, as defined by Section
4
1-136.1.
5
(2) A recreational off-highway vehicle, as defined by
6
Section 1-168.8.
7
(b) Except as otherwise provided in this Section, it is
8
unlawful for any person to drive or operate a utility-type
9
vehicle upon any street, highway, or roadway in this State. If
10
the operation of a utility-type vehicle is authorized under
11
subsection (d), then the utility-type vehicle may be operated
12
only during daylight hours at a maximum speed of 45 miles per
13
hour on streets where the posted speed limit is 55 miles per
14
hour or less.
15
(c) A person may not operate a utility-type vehicle upon
16
any street, highway, or roadway in this State unless the
17
person has a valid driver's license issued in the person's
18
name by the Secretary of State or by a foreign jurisdiction and
19
the person is 18 years of age.
20
(d) No person operating a utility-type vehicle shall make
21
a direct crossing upon or across any tollroad, interstate
22
highway, or controlled access highway in this State. No person
23
operating a utility-type vehicle shall make a direct crossing
24
upon or across any other highway under the jurisdiction of the
25
State except at an intersection of the highway with another
26
public street, road, or highway.
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(e) A municipality, township, county, or other unit of
2
local government may authorize, by ordinance or resolution,
3
the operation of utility-type vehicles on roadways under its
4
jurisdiction if the unit of local government determines that
5
the public safety will not be jeopardized. The Department may
6
authorize the operation of utility-type vehicles on the
7
roadways under its jurisdiction if the Department determines
8
that the public safety will not be jeopardized. The unit of
9
local government or the Department may restrict the types of
10
utility-type vehicles that are authorized to be used on its
11
streets.
12
Before permitting the operation of utility-type vehicles
13
on its roadways, a municipality, township, county, other unit
14
of local government, or the Department must consider the
15
volume, speed, and character of traffic on the roadway and
16
determine whether utility-type vehicles may safely travel on
17
or cross the roadway. Upon determining that utility-type
18
vehicles may safely operate on a roadway and the adoption of an
19
ordinance or resolution by a municipality, township, county,
20
or other unit of local government, or authorization by the
21
Department, appropriate signs shall be posted.
22
If a roadway is under the jurisdiction of more than one
23
unit of government, utility-type vehicles may not be operated
24
on the roadway unless each unit of government agrees and takes
25
action as provided in this subsection.
26
(f) No utility-type vehicle may be operated on a roadway
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1
unless, at a minimum, it has the following: brakes, a steering
2
apparatus, tires, a rearview mirror, a windshield, a vehicle
3
identification number, a seat safety belt, a rearview mirror,
4
an exterior rearview mirror mounted on the driver's side of
5
the vehicle, red reflectorized warning devices in the front
6
and rear, a headlight that emits a white light visible from a
7
distance of 500 feet to the front, a tail lamp that emits a red
8
light visible from at least 100 feet from the rear, brake
9
lights, and turn signals. When operated on a highway, a
10
utility-type vehicle shall have its headlight and tail lamps
11
lighted at all times. A utility-type vehicle that is
12
manufactured not to exceed 40 miles per hour shall have a slow
13
moving emblem affixed to the rear of the utility-type vehicle.
14
A slow moving emblem shall not be affixed to any utility-type
15
vehicle that is manufactured to exceed 40 miles per hour.
16
(g) Any driver who drives or is in actual physical control
17
of a utility-type vehicle on a highway while under the
18
influence is subject to Sections 11-500 through 11-501.9.
19
(h) Any driver or passenger of an utility-type vehicle on
20
a highway is subject to Sections 11-502 through 11-502.15.
21
(i) Any driver or passenger of an utility-type vehicle on
22
a highway is subject to Section 12-603.1.
23
(j) Any person operating a utility-type vehicle shall ride
24
only upon the permanent and regular seat attached thereto, and
25
such operator shall not carry any other person nor shall any
26
other person ride on a utility-type vehicle unless the
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1
utility-type vehicle is designed to carry more than one person
2
and be equipped with the number of available seat safety
3
belts.
4
(k) Any person who operates a utility-type vehicle on a
5
street, highway, or roadway shall be subject to the mandatory
6
insurance requirements under Article VI of Chapter 7.
7
(l) It shall not be unlawful for any person to drive or
8
operate a utility-type vehicle on a county roadway or township
9
roadway for the purpose of conducting farming operations to
10
and from the home, farm, farm buildings, and any adjacent or
11
nearby farm land.
12
Utility-type vehicles, as used in this subsection, shall
13
not be subject to subsection (k). However, if the utility-type
14
vehicle, as used in this Section, is not covered under a motor
15
vehicle insurance policy under subsection (k), the
16
utility-type vehicle must be covered under a farm, home, or
17
utility-type vehicle insurance policy issued with coverage
18
amounts no less than the minimum amounts set for bodily injury
19
or death and for destruction of property under Section 7-203.
20
Utility-type vehicles, as used in this subsection, shall
21
not make a direct crossing upon or across any tollroad,
22
interstate highway, or controlled access highway in this
23
State.
24
Utility-type vehicles, as used in this subsection, shall
25
be allowed to cross a State highway, municipal street, county
26
highway, or road district highway if the operator of the
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1
utility-type vehicle makes a direct crossing if:
2
(1) the crossing is made at an angle of approximately
3
90 degrees to the direction of the street, road, or
4
highway and at a place where no obstruction prevents a
5
quick and safe crossing;
6
(2) the utility-type vehicle is brought to a complete
7
stop before attempting a crossing;
8
(3) the operator of the utility-type vehicle yields
9
the right of way to all pedestrian and vehicular traffic
10
which constitutes a hazard; and
11
(4) when crossing a divided highway, the crossing is
12
made only at an intersection of the highway with another
13
public street, road, or highway.
14
(m) No action taken by a unit of local government under
15
this Section designates the operation of a utility-type
16
vehicle as an intended or permitted use of property with
17
respect to Section 3-102 of the Local Governmental and
18
Governmental Employees Tort Immunity Act.
19
(n) Every owner of a utility-type vehicle which may be
20
operated upon a highway shall secure a certificate of title
21
and display valid registration.
22
(o) Subject to subsection (m), this Section shall not be
23
construed as to repeal any ordinances concerning utility-type
24
vehicles on streets, roads, and highways, and any conflicting
25
ordinance shall supersede this Section.
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1
(625 ILCS 5/11-1427.5)
2
Sec. 11-1427.5.
Recreational off-highway vehicles.
All
3
provisions of this Code
, except Section 11-1426.1,
that apply
4
to an all-terrain vehicle shall apply the same to a
5
recreational off-highway vehicle.
6
(Source: P.A. 96-428, eff. 8-13-09.)
7
(625 ILCS 5/11-1427.6 new)
8
Sec. 11-1427.6.
Large non-highway vehicles.
All provisions
9
of this Code, except Section 11-1426.1, that apply to an
10
all-terrain vehicle shall apply the same to a large
11
non-highway vehicle. This Section shall not be construed as to
12
repeal any ordinances concerning large non-highway vehicles,
13
and any conflicting ordinance shall supersede this Section.
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1
INDEX
2
Statutes amended in order of appearance
3
625 ILCS 5/1-136.1 new
4
625 ILCS 5/3-101
from Ch. 95 1/2, par. 3-101
5
625 ILCS 5/3-412
from Ch. 95 1/2, par. 3-412
6
625 ILCS 5/3-805.6 new
7
625 ILCS 5/3-805.7 new
8
625 ILCS 5/3-821
from Ch. 95 1/2, par. 3-821
9
625 ILCS 5/11-1403.3
from Ch. 95 1/2, par. 11-1403.3
10
625 ILCS 5/11-1426.1
11
625 ILCS 5/11-1426.3 new
12
625 ILCS 5/11-1427.5
13
625 ILCS 5/11-1427.6 new
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