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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 15-301 as follows:
 
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits for excess size and weight.
8    (a) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or printed
19form may only be accepted from and issued to the company or
20individual making the movement. Except for an application to
21move directly across a highway, it shall be the duty of the
22applicant to establish in the application that the load to be
23moved by such vehicle or combination is composed of a single

 

 

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1nondivisible object that cannot reasonably be dismantled or
2disassembled, the reasonableness of which shall be determined
3by the Secretary of the Department. For the purpose of over
4length movements, more than one object may be carried side by
5side as long as the height, width, and weight laws are not
6exceeded and the cause for the over length is not due to
7multiple objects. For the purpose of over height movements,
8more than one object may be carried as long as the cause for
9the over height is not due to multiple objects and the length,
10width, and weight laws are not exceeded. For the purpose of an
11over width movement, more than one object may be carried as
12long as the cause for the over width is not due to multiple
13objects and length, height, and weight laws are not exceeded.
14No state or local agency shall authorize the issuance of excess
15size or weight permits for vehicles and loads that are
16divisible and that can be carried, when divided, within the
17existing size or weight maximums specified in this Chapter. Any
18excess size or weight permit issued in violation of the
19provisions of this Section shall be void at issue and any
20movement made thereunder shall not be authorized under the
21terms of the void permit. In any prosecution for a violation of
22this Chapter when the authorization of an excess size or weight
23permit is at issue, it is the burden of the defendant to
24establish that the permit was valid because the load to be
25moved could not reasonably be dismantled or disassembled, or
26was otherwise nondivisible.

 

 

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1    (b) The application for any such permit shall: (1) state
2whether such permit is requested for a single trip or for
3limited continuous operation; (2) state if the applicant is an
4authorized carrier under the Illinois Motor Carrier of Property
5Law, if so, his certificate, registration or permit number
6issued by the Illinois Commerce Commission; (3) specifically
7describe and identify the vehicle or vehicles and load to be
8operated or moved except that for vehicles or vehicle
9combinations registered by the Department as provided in
10Section 15-319 of this Chapter, only the Illinois Department of
11Transportation's (IDT) registration number or classification
12need be given; (4) state the routing requested including the
13points of origin and destination, and may identify and include
14a request for routing to the nearest certified scale in
15accordance with the Department's rules and regulations,
16provided the applicant has approval to travel on local roads;
17and (5) state if the vehicles or loads are being transported
18for hire. No permits for the movement of a vehicle or load for
19hire shall be issued to any applicant who is required under the
20Illinois Motor Carrier of Property Law to have a certificate,
21registration or permit and does not have such certificate,
22registration or permit.
23    (c) The Department or local authority when not inconsistent
24with traffic safety is authorized to issue or withhold such
25permit at its discretion; or, if such permit is issued at its
26discretion to prescribe the route or routes to be traveled, to

 

 

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1limit the number of trips, to establish seasonal or other time
2limitations within which the vehicles described may be operated
3on the highways indicated, or otherwise to limit or prescribe
4conditions of operations of such vehicle or vehicles, when
5necessary to assure against undue damage to the road
6foundations, surfaces or structures, and may require such
7undertaking or other security as may be deemed necessary to
8compensate for any injury to any roadway or road structure. The
9Department shall maintain a daily record of each permit issued
10along with the fee and the stipulated dimensions, weights,
11conditions and restrictions authorized and this record shall be
12presumed correct in any case of questions or dispute. The
13Department shall install an automatic device for recording
14applications received and permits issued by telephone. In
15making application by telephone, the Department and applicant
16waive all objections to the recording of the conversation.
17    (d) The Department shall, upon application in writing from
18any local authority, issue an annual permit authorizing the
19local authority to move oversize highway construction,
20transportation, utility and maintenance equipment over roads
21under the jurisdiction of the Department. The permit shall be
22applicable only to equipment and vehicles owned by or
23registered in the name of the local authority, and no fee shall
24be charged for the issuance of such permits.
25    (e) As an exception to paragraph (a) of this Section, the
26Department and local authorities, with respect to highways

 

 

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1under their respective jurisdictions, in their discretion and
2upon application in writing may issue a special permit for
3limited continuous operation, authorizing the applicant to
4move loads of agricultural commodities on a 2 axle single
5vehicle registered by the Secretary of State with axle loads
6not to exceed 35%, on a 3 or 4 axle vehicle registered by the
7Secretary of State with axle loads not to exceed 20%, and on a
85 axle vehicle registered by the Secretary of State not to
9exceed 10% above those provided in Section 15-111. The total
10gross weight of the vehicle, however, may not exceed the
11maximum gross weight of the registration class of the vehicle
12allowed under Section 3-815 or 3-818 of this Code.
13    As used in this Section, "agricultural commodities" means:
14        (1) cultivated plants or agricultural produce grown
15    including, but is not limited to, corn, soybeans, wheat,
16    oats, grain sorghum, canola, and rice;
17        (2) livestock, including but not limited to hogs,
18    equine, sheep, and poultry;
19        (3) ensilage; and
20        (4) fruits and vegetables.
21    Permits may be issued for a period not to exceed 40 days
22and moves may be made of a distance not to exceed 50 miles from
23a field, an on-farm grain storage facility, a warehouse as
24defined in the Illinois Grain Code, or a livestock management
25facility as defined in the Livestock Management Facilities Act
26over any highway except the National System of Interstate and

 

 

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1Defense Highways. The operator of the vehicle, however, must
2abide by posted bridge and posted highway weight limits. All
3implements of husbandry operating under this Section between
4sunset and sunrise shall be equipped as prescribed in Section
512-205.1.
6    (e-1) Upon a declaration by the Governor that an emergency
7harvest situation exists, a special permit issued by the
8Department under this Section shall not be required from
9September 1 through December 31 during harvest season
10emergencies, provided that the weight does not exceed 20% above
11the limits provided in Section 15-111. All other restrictions
12that apply to permits issued under this Section shall apply
13during the declared time period. With respect to highways under
14the jurisdiction of local authorities, the local authorities
15may, at their discretion, waive special permit requirements
16during harvest season emergencies. This permit exemption shall
17apply to all vehicles eligible to obtain permits under this
18Section, including commercial vehicles in use during the
19declared time period.
20    (f) The form and content of the permit shall be determined
21by the Department with respect to highways under its
22jurisdiction and by local authorities with respect to highways
23under their jurisdiction. Every permit shall be in written form
24and carried in the vehicle or combination of vehicles to which
25it refers and shall be open to inspection by any police officer
26or authorized agent of any authority granting the permit and no

 

 

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1person shall violate any of the terms or conditions of such
2special permit. Violation of the terms and conditions of the
3permit shall not be deemed a revocation of the permit; however,
4any vehicle and load found to be off the route prescribed in
5the permit shall be held to be operating without a permit. Any
6off route vehicle and load shall be required to obtain a new
7permit or permits, as necessary, to authorize the movement back
8onto the original permit routing. No rule or regulation, nor
9anything herein shall be construed to authorize any police
10officer, court, or authorized agent of any authority granting
11the permit to remove the permit from the possession of the
12permittee unless the permittee is charged with a fraudulent
13permit violation as provided in paragraph (i). However, upon
14arrest for an offense of violation of permit, operating without
15a permit when the vehicle is off route, or any size or weight
16offense under this Chapter when the permittee plans to raise
17the issuance of the permit as a defense, the permittee, or his
18agent, must produce the permit at any court hearing concerning
19the alleged offense.
20    If the permit designates and includes a routing to a
21certified scale, the permitee, while enroute to the designated
22scale, shall be deemed in compliance with the weight provisions
23of the permit provided the axle or gross weights do not exceed
24any of the permitted limits by more than the following amounts:
25        Single axle               2000 pounds
26        Tandem axle               3000 pounds

 

 

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1        Gross                     5000 pounds
2    (g) The Department is authorized to adopt, amend, and to
3make available to interested persons a policy concerning
4reasonable rules, limitations and conditions or provisions of
5operation upon highways under its jurisdiction in addition to
6those contained in this Section for the movement by special
7permit of vehicles, combinations, or loads which cannot
8reasonably be dismantled or disassembled, including
9manufactured and modular home sections and portions thereof.
10All rules, limitations and conditions or provisions adopted in
11the policy shall have due regard for the safety of the
12traveling public and the protection of the highway system and
13shall have been promulgated in conformity with the provisions
14of the Illinois Administrative Procedure Act. The requirements
15of the policy for flagmen and escort vehicles shall be the same
16for all moves of comparable size and weight. When escort
17vehicles are required, they shall meet the following
18requirements:
19        (1) All operators shall be 18 years of age or over and
20    properly licensed to operate the vehicle.
21        (2) Vehicles escorting oversized loads more than
22    12-feet wide must be equipped with a rotating or flashing
23    amber light mounted on top as specified under Section
24    12-215.
25    The Department shall establish reasonable rules and
26regulations regarding liability insurance or self insurance

 

 

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1for vehicles with oversized loads promulgated under The
2Illinois Administrative Procedure Act. Police vehicles may be
3required for escort under circumstances as required by rules
4and regulations of the Department.
5    (h) Violation of any rule, limitation or condition or
6provision of any permit issued in accordance with the
7provisions of this Section shall not render the entire permit
8null and void but the violator shall be deemed guilty of
9violation of permit and guilty of exceeding any size, weight or
10load limitations in excess of those authorized by the permit.
11The prescribed route or routes on the permit are not mere
12rules, limitations, conditions, or provisions of the permit,
13but are also the sole extent of the authorization granted by
14the permit. If a vehicle and load are found to be off the route
15or routes prescribed by any permit authorizing movement, the
16vehicle and load are operating without a permit. Any off route
17movement shall be subject to the size and weight maximums,
18under the applicable provisions of this Chapter, as determined
19by the type or class highway upon which the vehicle and load
20are being operated.
21    (i) Whenever any vehicle is operated or movement made under
22a fraudulent permit the permit shall be void, and the person,
23firm, or corporation to whom such permit was granted, the
24driver of such vehicle in addition to the person who issued
25such permit and any accessory, shall be guilty of fraud and
26either one or all persons may be prosecuted for such violation.

 

 

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1Any person, firm, or corporation committing such violation
2shall be guilty of a Class 4 felony and the Department shall
3not issue permits to the person, firm or corporation convicted
4of such violation for a period of one year after the date of
5conviction. Penalties for violations of this Section shall be
6in addition to any penalties imposed for violation of other
7Sections of this Act.
8    (j) Whenever any vehicle is operated or movement made in
9violation of a permit issued in accordance with this Section,
10the person to whom such permit was granted, or the driver of
11such vehicle, is guilty of such violation and either, but not
12both, persons may be prosecuted for such violation as stated in
13this subsection (j). Any person, firm or corporation convicted
14of such violation shall be guilty of a petty offense and shall
15be fined for the first offense, not less than $50 nor more than
16$200 and, for the second offense by the same person, firm or
17corporation within a period of one year, not less than $200 nor
18more than $300 and, for the third offense by the same person,
19firm or corporation within a period of one year after the date
20of the first offense, not less than $300 nor more than $500 and
21the Department shall not issue permits to the person, firm or
22corporation convicted of a third offense during a period of one
23year after the date of conviction for such third offense.
24    (k) Whenever any vehicle is operated on local roads under
25permits for excess width or length issued by local authorities,
26such vehicle may be moved upon a State highway for a distance

 

 

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1not to exceed one-half mile without a permit for the purpose of
2crossing the State highway.
3    (l) Notwithstanding any other provision of this Section,
4the Department, with respect to highways under its
5jurisdiction, and local authorities, with respect to highways
6under their jurisdiction, may at their discretion authorize the
7movement of a vehicle in violation of any size or weight
8requirement, or both, that would not ordinarily be eligible for
9a permit, when there is a showing of extreme necessity that the
10vehicle and load should be moved without unnecessary delay.
11    For the purpose of this subsection, showing of extreme
12necessity shall be limited to the following: shipments of
13livestock, hazardous materials, liquid concrete being hauled
14in a mobile cement mixer, or hot asphalt.
15    (m) Penalties for violations of this Section shall be in
16addition to any penalties imposed for violating any other
17Section of this Code.
18    (n) The Department with respect to highways under its
19jurisdiction and local authorities with respect to highways
20under their jurisdiction, in their discretion and upon
21application in writing, may issue a special permit for
22continuous limited operation, authorizing the applicant to
23operate a tow-truck that exceeds the weight limits provided for
24in subsection (d) of Section 15-111, provided:
25        (1) no rear single axle of the tow-truck exceeds 26,000
26    pounds;

 

 

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1        (2) no rear tandem axle of the tow-truck exceeds 50,000
2    pounds;
3        (2.1) no triple rear axle on a manufactured recovery
4    unit exceeds 60,000 pounds;
5        (3) neither the disabled vehicle nor the disabled
6    combination of vehicles exceed the weight restrictions
7    imposed by this Chapter 15, or the weight limits imposed
8    under a permit issued by the Department prior to hookup;
9        (4) the tow-truck prior to hookup does not exceed the
10    weight restrictions imposed by this Chapter 15;
11        (5) during the tow operation the tow-truck does not
12    violate any weight restriction sign;
13        (6) the tow-truck is equipped with flashing, rotating,
14    or oscillating amber lights, visible for at least 500 feet
15    in all directions;
16        (7) the tow-truck is specifically designed and
17    licensed as a tow-truck;
18        (8) the tow-truck has a gross vehicle weight rating of
19    sufficient capacity to safely handle the load;
20        (9) the tow-truck is equipped with air brakes;
21        (10) the tow-truck is capable of utilizing the lighting
22    and braking systems of the disabled vehicle or combination
23    of vehicles;
24        (11) the tow commences at the initial point of wreck or
25    disablement and terminates at a point where the repairs are
26    actually to occur;

 

 

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1        (12) the permit issued to the tow-truck is carried in
2    the tow-truck and exhibited on demand by a police officer;
3    and
4        (13) the movement shall be valid only on state routes
5    approved by the Department.
6    (o) The Department, with respect to highways under its
7jurisdiction, and local authorities, with respect to highways
8under their jurisdiction, in their discretion and upon
9application in writing, may issue a special permit for
10continuous limited operation, authorizing the applicant to
11transport raw milk that exceeds the weight limits provided for
12in subsections (b) and (f) of Section 15-111 of this Code,
13provided:
14        (1) no single axle exceeds 20,000 pounds;
15        (2) no gross weight exceeds 80,000 pounds;
16        (3) permits issued by the State are good only for
17    federal and State highways and are not applicable to
18    interstate highways; and
19        (4) all road and bridge postings must be obeyed.
20    (p) In determining whether a load may be reasonably
21dismantled or disassembled for the purpose of paragraph (a),
22the Department shall consider whether there is a significant
23negative impact on the condition of the pavement and structures
24along the proposed route, whether the load or vehicle as
25proposed causes a safety hazard to the traveling public,
26whether dismantling or disassembling the load promotes or

 

 

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1stifles economic development and whether the proposed route
2travels less than 5 miles. A load is not required to be
3dismantled or disassembled for the purposes of paragraph (a) if
4the Secretary of the Department determines there will be no
5significant negative impact to pavement or structures along the
6proposed route, the proposed load or vehicle causes no safety
7hazard to the traveling public, dismantling or disassembling
8the load does not promote economic development and the proposed
9route travels less than 5 miles. The Department may promulgate
10rules for the purpose of establishing the divisibility of a
11load pursuant to paragraph (a). Any load determined by the
12Secretary to be nondivisible shall otherwise comply with the
13existing size or weight maximums specified in this Chapter.
14(Source: P.A. 95-331, eff. 8-21-07; 95-666, eff. 10-11-07.)
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.