Environmental Resources Unit A Natural Resources

Problem Area 5 Outdoor Recreation

Lesson Plan 6 All Terrain Vehicles (ATV): Riding Legally in Illinois

Learning Objectives for ATV Operators Define specific terms in the Illinois Vehicle Code Identify/describe areas of legal operation in Illinois Explain how and when to legally cross an Illinois highway Relate the impact of violations of specific Illinois laws on the the ability of the operator to legally operate an ATV.

Scenario 1 An ATV was being operated on a roadway in Illinois when it struck a deer. The driver of the ATV was killed. Was this ATV being operated legally at the time of the incident? Why? YesNo

Scenario 2 An ATV was being used to inspect beans on private property when it flipped on uneven terrain. The operator was killed. YesNo Was this ATV being operated legally at the time of the incident? Why?

Terms All-Terrain Vehicle Careless Operation Certificate of Title Ditch Highway Public Lands Reckless Operation Roadway Shoulder

Illinois Vehicle Code (IVC) The following information and applicable codes are contained in the Illinois Compiled Statutes and are for educational purposes only. It is important to understand that there are specific state codes that apply to ATV use and operation. These codes are in place for the safety of the general public as well as the ATV operator.

Summary These codes leave little room for ATV operation off of personally-owned private property. Police officers, deputies, and Conservation officers are enforcers of ATV operation codes. Operation of ATV’s on “publicly-owned land” is prohibited. There are only a few specific exceptions, such as marked trails in Shawnee National Forest.

Summary (cont.) To operate a vehicle on private property, prior verbal/written permission is needed. The ATV operator must leave immediately if asked, regardless of previous permission. Farmers and/or employees may receive permission from authorities to perform necessary farm operations.

Summary (cont.) Officials of counties, road districts and other municipal entities may, at their discretion, designate certain roadways for ATV operation. Any such roadway must be identified by the posting of appropriate signs. It is illegal for anyone with a revoked or suspended driver’s license to operate an ATV off of their privately-owned property.

Enforcement of IVC Codes There is public confusion on who enforces the codes related to ATV operation. Depending on the situation and need the agency involved may be from the: Illinois State Police County Sheriff Municipal Police, including deputies Conservation Officers (Special Note)

IVC Selected Terms Roadway –That portion of a highway improved, designed or ordinarily used for vehicular travel, exclusive of berm or shoulder. Considered to be “paved” portion – concrete, asphalt, oil-chat/rock, packed rock.

IVC Selected Terms (cont.) Shoulder –That portion of the highway adjacent to the roadway for accommodating stopped vehicles or for emergency use. –Shoulders can be different sizes, from very little to quite wide.

IVC Selected Terms (cont.) Highway –The entire width between the boundary lines designed for vehicular travel. The roadway is publicly maintained.

Ditches –Begin where shoulder ceases and continue to private property line. –Considered to be within the Highway boundary lines. –May be of different widths dependent on the need for drainage. IVC Selected Terms (cont.)

All-Terrain Vehicle (ATV) –Any motorized off-highway device 50 inches or less in width, having a manufacturer’s dry weight of 900 pounds or less, traveling on 3 or more low- pressure tires, design with a seat or saddle for operator use, and handlebars or steering wheel of steering control. DOES NOT INCLUDE LAWN MOWERS or GOLF CARTS!

–Every owner of an ATV or off ‑ highway motorcycle purchased on or after January 1, 1998 is required to have a certificate of title from the Secretary of State. This applies to new (dealer) and private (pre-owned) purchases. IVC Selected Terms (cont.) Certificate of Title

IVC Selected Terms (cont.) –Careless operation – grossly indifferent to the person or property of others –Reckless operation – endangers life, limb or property Unlawful operation It is unlawful for any person to maintain an ATV or off-road motorcycle in a state of:

Unlawful Operation (cont.) –Within any nature preserve or publicly owned land, unless trails are specifically markedpublicly owned land –On the tracks of an operating railroad –In any tree nursery or planting area –On private property without the written or verbal consent of landowner. (Must leave if asked)landowner It is unlawful for any person to drive or operate any ATV or off-road motorcycle:

It is unlawful for any person to drive or operate an ATV or off-road motorcycle Unlawful Operation (cont.) – At a rate of speed too fast for conditions or exceeding stated limits – On the frozen surface of public water within 100 feet of a person – Within 100 feet of a dwelling from midnight to 6 a.m. at more that minimum speed – On any street, roadway or highway

–No person operating an ATV shall directly cross or access a toll road, interstate highway, or controlled access highway –No person that currently has a Suspended or Revoked driver’s License may legally operate an ATV off their private property. Unlawful Operation (cont.)

IVC Selected Terms (cont.) Exceptions – If crossing is at ~90 ° angle with no obstruction of viewcrossing – If ATV comes to a complete stop before crossing – If operator yields right-of-way – Crossing is made at an intersection – When accessing tracts of designated, marked roadways

Potential Allowance for Farm Use Though technically in violation of certain codes, a presiding enforcement officer may make an allowance for a farmer or farm employee to operate an ATV on public highways when performing necessary farm operations, as long as no other code is violated. ExampleExample Exceptions cont.

Exception cont. The corporate authorities of a county, road district, township, city, village, or incorporated town may adopt resolutions or ordinances allowing all-terrain vehicles to be operated on roadways under their jurisdiction. And, they may formally allow an ATV event to be staged using designated routes.resolutions or ordinances

Illinois Vehicle Code (IVC) References “The Illinois Compiled Statutes,” March, “Illinois Vehicle Code”

IVC References (cont.) Specific sections under 625 ILCS 5/: Chapter 1 – Titles and Definitions Chapter 3 – Certificates of Title and Registration of Vehicles Chapter 11 – Rules of the Road, Article XIV- Miscellaneous Laws, 1426 –

IVC References (cont.) Specific Chapters within the Illinois Compiled Statutes: 515 ILCS 5/ Fish and Aquatic Life Code, and 520 ILCS 5/ Wildlife Code also have sections applying to ATV operation but are not specific listed in this presentation.

Other References ATV Safety Institute National Children’s Center for Rural and Agricultural Health and Safety 4-H Community ATV Safety Program Interviews with Illinois Dept. Natural Resources Sgt. Jill Willis, Officer Dallas Bowman

Robert (Chip) Petrea, PhD Extension Specialist – Ag. Safety and Health Dept. of Ag. and Bio Engineering, UIUC 304e Ag. Engineering Sciences 1304 West Pennsylvania Urbana, IL FAX Questions or Comments

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Correct Response Unless the operator was a farmer driving from one field to another with permission from authorities, the answer is that he was operating an ATV on the roadway which is Illegal. Return

Correct Response As long as the operator is inspecting his own beans or has verbal or written permission from the land owner to be on that private property, the answer is this is Legal operation of the ATV. Return

Incorrect Response Return

Incorrect Response Return

Conservation Officers carry the full authority of the State Police and in many areas routinely assist Sheriff’s departments in enforcing codes and investigating ATV complaints in rural areas. Return

Publicly-owned lands There is no specific definition provided for publicly-owned lands. However, this word customarily means land that is maintained in a natural condition and/or used for public purposes. The land has restrictions on use and development. Such as: National Forests, National Parks, Nature Preserves, and Natural Areas. Return

Land owners are not required to keep premises safe for ATV use (except as required otherwise by law)

Roadway – “Paved” Portions ConcreteOil and rock Return

Different Size Shoulders Wide Shoulder Narrow Shoulder Normal shoulder Return

Includes the roadway, shoulder and ditches on BOTH SIDES up to private property line. Highway Boundary Lines Return

Ditches may be different widths - this impacts where private property line begins Ditches Return

Examples of ATVs Return

Revoked or Suspended License Loss of driver’s license for Driving Under the Influence (DUI). Return

Crossing highway legally Cross at ~ 90% angle to road where no obstruction present, after complete stop and yielding right-of-way Owned Property Return

Example: This may come into play by using the highway to travel from one field to another field that he operates, and using the shoulder to maintain ditches. Return

If such an ordinance or resolution is enacted, roads may be officially designated and signs must be used on the route. And, if such is enacted and a bridge or culvert must be crossed (due to inaccessibility of other routes) the crossing is to be in same direction as other traffic. Return