101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2318

 

Introduced , by Rep. Justin Slaughter

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-316  from Ch. 95 1/2, par. 15-316

    Amends the Illinois Vehicle Code. Provides that local authorities, with respect to highways under their jurisdiction, may limit the operation of trucks or other commercial vehicles in areas with poor air quality. Defines "poor air quality".


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
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 15-316 as follows:
 
6    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
7    Sec. 15-316. When the Department or local authority may
8restrict right to use highways.
9    (a) Except as provided in subsection (g), local authorities
10with respect to highways under their jurisdiction may by
11ordinance or resolution prohibit the operation of vehicles upon
12any such highway or impose restrictions as to the weight of
13vehicles to be operated upon any such highway, for a total
14period of not to exceed 90 days, measured in either consecutive
15or nonconsecutive days at the discretion of local authorities,
16in any one calendar year, whenever any said highway by reason
17of deterioration, rain, snow, or other climate conditions will
18be seriously damaged or destroyed unless the use of vehicles
19thereon is prohibited or the permissible weights thereof
20reduced.
21    (b) The local authority enacting any such ordinance or
22resolution shall erect or cause to be erected and maintained
23signs designating the provision of the ordinance or resolution

 

 

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1at each end of that portion of any highway affected thereby,
2and the ordinance or resolution shall not be effective unless
3and until such signs are erected and maintained.
4    (c) Local authorities with respect to highways under their
5jurisdiction may also, by ordinance or resolution, prohibit the
6operation of trucks or other commercial vehicles, or may impose
7limitations as the weight thereof, on designated highways,
8which prohibitions and limitations shall be designated by
9appropriate signs placed on such highways.
10    (c-1) (Blank).
11    (c-3) Local authorities, with respect to highways under
12their jurisdiction, may by ordinance or resolution limit the
13operation of trucks or other commercial vehicles in areas with
14poor air quality. For purposes of this subsection (c-3), "poor
15air quality" means when pollutants, including emissions from
16natural and unnatural sources, in the air reach a high enough
17concentration to endanger human health or the environment.
18    (c-5) Highway commissioners, with respect to roads under
19their authority, may not permanently post a road or portion
20thereof at a reduced weight limit unless the decision to do so
21is made in accordance with Section 6-201.22 of the Illinois
22Highway Code.
23    (d) The Department shall likewise have authority as
24hereinbefore granted to local authorities to determine by
25resolution and to impose restrictions as to the weight of
26vehicles operated upon any highway under the jurisdiction of

 

 

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1said department, and such restrictions shall be effective when
2signs giving notice thereof are erected upon the highway or
3portion of any highway affected by such resolution.
4    (d-1) (Blank).
5    (d-2) (Blank).
6    (e) When any vehicle is operated in violation of this
7Section, the owner or driver of the vehicle shall be deemed
8guilty of a violation and either the owner or the driver of the
9vehicle may be prosecuted for the violation. Any person, firm,
10or corporation convicted of violating this Section shall be
11fined $50 for any weight exceeding the posted limit up to the
12axle or gross weight limit allowed a vehicle as provided for in
13subsections (a) or (b) of Section 15-111 and $75 per every 500
14pounds or fraction thereof for any weight exceeding that which
15is provided for in subsections (a) or (b) of Section 15-111.
16    (f) A municipality is authorized to enforce a county weight
17limit ordinance applying to county highways within its
18corporate limits and is entitled to the proceeds of any fines
19collected from the enforcement.
20    (g) An ordinance or resolution enacted by a county or
21township pursuant to subsection (a) of this Section shall not
22apply to cargo tank vehicles with two or three permanent axles
23when delivering propane for emergency heating purposes if the
24cargo tank is loaded at no more than 50 percent capacity, the
25gross vehicle weight of the vehicle does not exceed 32,000
26pounds, and the driver of the cargo tank vehicle notifies the

 

 

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1appropriate agency or agencies with jurisdiction over the
2highway before driving the vehicle on the highway pursuant to
3this subsection. The cargo tank vehicle must have an operating
4gauge on the cargo tank which indicates the amount of propane
5as a percent of capacity of the cargo tank. The cargo tank must
6have the capacity displayed on the cargo tank, or documentation
7of the capacity of the cargo tank must be available in the
8vehicle. For the purposes of this subsection, propane weighs
94.2 pounds per gallon. This subsection does not apply to
10municipalities. Nothing in this subsection shall allow cargo
11tank vehicles to cross bridges with posted weight restrictions
12if the vehicle exceeds the posted weight limit.
13(Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; 99-642,
14eff. 7-28-16.)