VEH CD-NON-HIGHWAY VEHICLES

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3862

Introduced 2/18/2025, by Rep. Bradley Fritts

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1426.1

Amends the Illinois Vehicle Code. Allows the Department of Natural
Resources to 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. Provides that a county board or
township 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. Subjects 2-wheeled non-highway
vehicles to the same safety requirements as motorcycles.
LRB104 12298 LNS 22425 b

A BILL FOR

HB3862
LRB104 12298 LNS 22425 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

HB3862
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LRB104 12298 LNS 22425 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 Department
26
of Natural Resources may authorize the operation of

HB3862
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LRB104 12298 LNS 22425 b
1
non-highway vehicles on the roadways under its jurisdiction if
2
the Department determines that the public safety will not be
3
jeopardized.
The unit of local government
,

or
the Department
,
4
or the Department of Natural Resources
may restrict the types
5
of non-highway vehicles that are authorized to be used on its
6
streets.
7

Before permitting the operation of non-highway vehicles on
8
its roadways, a municipality, township, county, other unit of
9
local government,
or
the Department
, or the Department of
10
Natural Resources
must consider the volume, speed, and
11
character of traffic on the roadway and determine whether
12
non-highway vehicles may safely travel on or cross the
13
roadway. Upon determining that non-highway vehicles may safely
14
operate on a roadway and the adoption of an ordinance or
15
resolution by a municipality, township, county, or other unit
16
of local government, or authorization by the Department
or the
17
Department of Natural Resources
, appropriate signs shall be
18
posted.
19

If a roadway is under the jurisdiction of more than one
20
unit of government, non-highway vehicles may not be operated
21
on the roadway unless each unit of government agrees and takes
22
action as provided in this subsection.
23

(e) No non-highway vehicle may be operated on a roadway
24
unless, at a minimum, it has the following: brakes, a steering
25
apparatus, tires, a rearview mirror, red reflectorized warning
26
devices in the front and rear, a slow moving emblem (as

HB3862
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LRB104 12298 LNS 22425 b
1
required of other vehicles in Section 12-709 of this Code) on
2
the rear of the non-highway vehicle, a headlight that emits a
3
white light visible from a distance of 500 feet to the front, a
4
tail lamp that emits a red light visible from at least 100 feet
5
from the rear, brake lights, and turn signals. When operated
6
on a roadway, a non-highway vehicle shall have its headlight
7
and tail lamps lighted as required by Section 12-201 of this
8
Code.
9

(f) A person who drives or is in actual physical control of
10
a non-highway vehicle on a roadway while under the influence
11
is subject to Sections 11-500 through 11-502 of this Code.
12

(g) Any person who operates a non-highway vehicle on a
13
street, highway, or roadway shall be subject to the mandatory
14
insurance requirements under Article VI of Chapter 7 of this
15
Code.
16

(h) It shall not be unlawful for any person to drive or
17
operate a non-highway vehicle, as defined in paragraphs (1)
18
and (4) of subsection (a) of this Section, on a county roadway
19
or township roadway for the purpose of conducting farming
20
operations to and from the home, farm, farm buildings, and any
21
adjacent or nearby farm land.
22

Non-highway vehicles, as used in this subsection (h),
23
shall not be subject to subsections (e) and (g) of this
24
Section. However, if the non-highway vehicle, as used in this
25
Section, is not covered under a motor vehicle insurance policy
26
pursuant to subsection (g) of this Section, the vehicle must

HB3862
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LRB104 12298 LNS 22425 b
1
be covered under a farm, home, or non-highway vehicle
2
insurance policy issued with coverage amounts no less than the
3
minimum amounts set for bodily injury or death and for
4
destruction of property under Section 7-203 of this Code.
5
Non-highway vehicles operated on a county or township roadway
6
at any time between one-half hour before sunset and one-half
7
hour after sunrise must be equipped with head lamps and tail
8
lamps, and the head lamps and tail lamps must be lighted.
9

Non-highway vehicles, as used in this subsection (h),
10
shall not make a direct crossing upon or across any tollroad,
11
interstate highway, or controlled access highway in this
12
State.
13

Non-highway vehicles, as used in this subsection (h),
14
shall be allowed to cross a State highway, municipal street,
15
county highway, or road district highway if the operator of
16
the non-highway vehicle makes a direct crossing provided:
17

(1) the crossing is made at an angle of approximately
18

90 degrees to the direction of the street, road or highway
19

and at a place where no obstruction prevents a quick and
20

safe crossing;
21

(2) the non-highway vehicle is brought to a complete
22

stop before attempting a crossing;
23

(3) the operator of the non-highway vehicle yields the
24

right of way to all pedestrian and vehicular traffic which
25

constitutes a hazard; and
26

(4) that when crossing a divided highway, the crossing

HB3862
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LRB104 12298 LNS 22425 b
1

is made only at an intersection of the highway with
2

another public street, road, or highway.
3

(i) No action taken by a unit of local government under
4
this Section designates the operation of a non-highway vehicle
5
as an intended or permitted use of property with respect to
6
Section 3-102 of the Local Governmental and Governmental
7
Employees Tort Immunity Act.
8

(j) A county board or township located in a county that
9
permits the use of a non-highway vehicle on its roadways shall
10
not be deemed liable for crashes involving the use of a
11
non-highway vehicle on its roadways.

12

(k) 2-wheeled non-highway vehicles shall be subject to the
13
same safety requirements as motorcycles.

14
(Source: P.A. 97-144, eff. 7-14-11; 98-567, eff. 1-1-14.)

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