ATV Laws Illinois

During the summertime, many people love to get outdoors and head off on an adventure. All-terrain vehicles (ATVs) are a popular form of recreation among people who enjoy the great outdoors and have access to such equipment. If you have ever wondered about driving an ATV and what kinds of permissions you may need, there are some important aspects of the law that you will need to familiarize yourself with, depending on the location in which you hope to hit the trails. 

Key Takeaways

‍

ATVs are defined by the Illinois Compiled Statutes as "any motorized off-highway device designed to travel primarily off-highway, 50 inches or less in width, having a  manufacturer's dry weight of 1,500 pounds or less, traveling on 3 or more nonhighway tires, designed with a seat or saddle for operator use, and handlebars or steering wheel for steering control, except equipment such as lawnmowers." The Illinois Department of Natural Resources uses this same definition in its guidance related to trail usage and recreational vehicles. 

ATVs cannot be ridden on regular roads meant for cars- they are not what is known as "street legal" on any street, road, or highway. But, if you are so inclined, there are ways to make it possible to drive an ATV on a regular road in the same way as a car is allowed to. 

There is a permitting process you would have to go through before you would be legally allowed to drive your ATV on a public street in Illinois. Even then, you would only be allowed to drive it on public streets and roads in very limited circumstances related to situations that make it unavoidable for you to use your ATV in that way, such as in emergencies.  For more information on ATV laws in our other service areas, read Changes to ATV/UTV Laws in Iowa.

Types of Roads and Road Speeds 

ATVs are only permitted on certain roads and at certain speeds. ATVs are not allowed on highways or interstates, for example. Because ATVs are not recognized or categorized as being meant for regular roadways and are therefore not street legal", they are actually considered "off-highway vehicles" within the definition of that phrase in the Illinois Vehicle Code. If you have not gone through the permitting process detailed below, you cannot operate an ATV on roads intended for use by the general public.  

The only time ATVs are allowed to be driven on public roadways in Illinois is when certain conditions are met. These conditions include: 

-In cases of emergency when an ATV is the only option. 

-If you are using the ATV to remove snow and create a path for other vehicles where they should not be encumbered, such as in driveways and out of parking lots. 

-If you are the owner of a swath of private land or are permitted to be using the privately owned land, and the property is bisected by a road, then you are allowed to drive an ATV from one side of the property to the other which sits across a road. 

-If you are using an ATV for agricultural purposes (which have their own set of rules and requirements that are beyond the scope of this article), you may drive it on a roadway. However, there are some caveats in this instance because if you are not permitted to use an ATV for the particular agricultural purpose in question, then you won't be legally permitted to use it on a roadway either. 

Let's take a look at the state statute regarding all-terrain vehicles in Illinois. The definition it provides is: 

 "Illegal operation of an all-terrain vehicle or off-highway motorcycle. It is unlawful for any person to drive or operate any all-terrain vehicle or off-highway motorcycle in the following ways: 

1. Careless Operation. 

-You are not paying attention while driving, for example 

1. Reckless Operation. 

-You are doing donuts in a busy parking lot, for example 

1. Within any nature preserve 

-You are plowing over protected reforestation areas, for example 

1. On the tracks or right of way of an operating railroad. 

-Do not ride an ATV on a train track. This is not permitted in any circumstance. 

1. (e) In any tree nursery or planting in a manner that damages or destroys growing stock or creates a substantial risk thereto. 

-Again, do not plow over horticulturally significant areas 

1. (f) On private property without the written or verbal consent of the owner or lessee thereof. Any person operating an all-terrain vehicle or off-highway motorcycle upon the lands of another shall stop and identify himself upon the request of the landowner or his duly authorized representative and, if requested to do so by the landowner, shall promptly remove the all-terrain vehicle or off-highway motorcycle from the premises. 

-Do not drive an ATV on anyone else's private property without permission, which is the same rule for entering someone else's land – without permission, you are a trespasser, no matter the type of equipment you arrive on 

1. (g) Notwithstanding any other law to the contrary, an owner, lessee, or occupant of premises owes no duty of care to keep the premises safe for entry or use by others for use by an all-terrain vehicle or off-highway motorcycle or to give warning of any condition, use, structure or activity on such premises 
2. On publicly owned lands unless such lands are designated for use by all-terrain vehicles or off-highway motorcycles. 

-You cannot just drive an ATV onto the premises of the Grand Canyon, for example 

1. (h-1) At a rate of speed too fast for conditions, and the fact that the speed of the all-terrain vehicle or off-highway motorcycle does not exceed the applicable maximum speed limit allowed does not relieve the driver from the duty to decrease speed as may be necessary to avoid colliding with any person, vehicle, or object within legal requirements and the duty of all persons to use due care." 

-Please, no racing an ATV through a crowded area, through a swamp, down a rain-slicked hill, or in any such situation that renders any vehicle, especially an ATV, a hazard 

This may seem extensive, but there are actually further specifications that we do not need to touch on in this article. It is important, however, to understand what an ATV actually is in the eyes of the state law: 

• "Recreational off-highway vehicle" or "OHV" means any motorized off-highway device designed to travel primarily off-highway, 64 inches or less in width, having a manufacturer's dry weight of 2,000 pounds or less for gas-powered engines or 3,000 pounds or less for electric-powered engines, traveling on four or more non-highway tires, designed with a non-straddle seat and a steering wheel for steering control, except equipment such as lawnmowers" ILCS
• "Recreational trail" means a thoroughfare or track across land or snow or along 

- water, used for recreational purposes such as bicycling, cross-country skiing, day 

- hiking, equestrian activities, jogging or similar fitness activities, trail biking, 

- overnight and long-distance backpacking, snowmobiling, aquatic or water 

- activity, and vehicular travel by motorcycle or off-highway vehicles." ILCS 

Age Restrictions 

Illinois requires that drivers of ATVs be at least 16 years of age and carry a valid driver's license in order to use the ATVs on state-designated nature trails. Otherwise, the state of Illinois does not actually have an age restriction for the operation of ATVs. It only depends on where they are being operated. If it is your own private property, technically speaking, you can let your under-aged nephew drive your ATV around your acreage – it is perfectly legal. 

Helmet Laws 

Likewise, Illinois does not currently have helmet requirements for the operation of ATVs in general, but if the ATVs are being operated in state-designated areas and on state nature trails, safety helmets that meet necessary criteria are required for both the driver and each passenger.  

In Conclusion 

Long story short, if you own your own ATV, get acquainted with the local rules of whatever place you intend to operate your ATV in. If you are renting, do a bit of research in advance to ensure that the owner/operator of the ATV rental is following all necessary state and local guidelines for your safety and that of everyone else. And, being a careful and well-informed citizen, have a nice ride!