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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 15-301 and by adding Section 15-308.3 as | ||||||
6 | follows:
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7 | (625 ILCS 5/15-301)
(from Ch. 95 1/2, par. 15-301)
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8 | Sec. 15-301. Permits for excess size and weight.
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9 | (a) The Department with respect to highways under its | ||||||
10 | jurisdiction
and local authorities with respect to highways | ||||||
11 | under their jurisdiction
may, in their discretion, upon | ||||||
12 | application and good cause being shown
therefor, issue a | ||||||
13 | special permit authorizing the applicant to operate or
move a | ||||||
14 | vehicle or combination of vehicles of a size or weight of | ||||||
15 | vehicle or
load exceeding the maximum specified in this Act or | ||||||
16 | otherwise not in
conformity with this Act upon any highway | ||||||
17 | under the jurisdiction of the
party granting such permit and | ||||||
18 | for the maintenance of which the party is
responsible. | ||||||
19 | Applications and permits other than those in written or
printed | ||||||
20 | form may only be accepted from and issued to the company or
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21 | individual making the movement. Except for an application to | ||||||
22 | move directly
across a highway, it shall be the duty of the | ||||||
23 | applicant to establish in the
application that the load to be | ||||||
24 | moved by such vehicle or combination is
composed of a single | ||||||
25 | nondivisible object that cannot reasonably be
dismantled or
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26 | disassembled. For the purpose of
over length movements,
more | ||||||
27 | than one object may be carried side by side as long as the | ||||||
28 | height, width,
and weight laws are not exceeded and the cause | ||||||
29 | for the over length is not due
to multiple objects. For the | ||||||
30 | purpose of over height movements, more than one
object may be | ||||||
31 | carried as long as the cause for the over height is not due to
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32 | multiple objects and the length, width, and weight laws are not |
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1 | exceeded. For
the purpose of an over width movement, more than | ||||||
2 | one object may be carried as
long as the cause for the over | ||||||
3 | width is not due to multiple objects and length,
height, and | ||||||
4 | weight laws are not exceeded. No state or local agency shall
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5 | authorize the issuance of excess size or weight permits for | ||||||
6 | vehicles and loads
that are divisible and that can be carried, | ||||||
7 | when divided, within the existing
size or weight maximums | ||||||
8 | specified in this Chapter. Any excess size or weight
permit | ||||||
9 | issued in violation of the provisions of this Section shall be | ||||||
10 | void at
issue and any movement made thereunder shall not be | ||||||
11 | authorized under the terms
of the void permit. In any | ||||||
12 | prosecution for a violation of this Chapter when
the | ||||||
13 | authorization of an excess size or weight permit is at issue, | ||||||
14 | it is the
burden of the defendant to establish that the permit | ||||||
15 | was valid because the load
to be moved could not reasonably be | ||||||
16 | dismantled or disassembled, or was
otherwise nondivisible.
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17 | (b) The application for any such permit shall: (1) state | ||||||
18 | whether
such permit is requested for a single trip or for | ||||||
19 | limited continuous
operation; (2) state if the applicant is an | ||||||
20 | authorized carrier under the
Illinois Motor Carrier of Property | ||||||
21 | Law, if so, his certificate,
registration or permit number | ||||||
22 | issued by the Illinois Commerce
Commission; (3) specifically | ||||||
23 | describe and identify the vehicle or
vehicles and load to be | ||||||
24 | operated or moved except that for vehicles or
vehicle | ||||||
25 | combinations registered by the Department as provided in | ||||||
26 | Section
15-319 of this Chapter, only the Illinois Department of | ||||||
27 | Transportation's
(IDT) registration number or classification | ||||||
28 | need be given; (4) state the
routing requested including the | ||||||
29 | points of origin and destination, and may
identify and include | ||||||
30 | a request for routing to the nearest certified scale
in | ||||||
31 | accordance with the Department's rules and regulations, | ||||||
32 | provided the
applicant has approval to travel on local roads; | ||||||
33 | and (5) state if the
vehicles or loads are being transported | ||||||
34 | for hire. No permits for the
movement of a vehicle or load for | ||||||
35 | hire shall be issued to any applicant who
is required under the | ||||||
36 | Illinois Motor Carrier of Property Law to have a
certificate, |
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1 | registration or permit and does not have such certificate,
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2 | registration or permit.
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3 | (c) The Department or local authority when not inconsistent | ||||||
4 | with
traffic safety is authorized to issue or withhold such | ||||||
5 | permit at its
discretion; or, if such permit is issued at its | ||||||
6 | discretion to prescribe
the route or routes to be traveled, to | ||||||
7 | limit the number of trips, to
establish seasonal or other time | ||||||
8 | limitations within which the vehicles
described may be operated | ||||||
9 | on the highways indicated, or otherwise to
limit or prescribe | ||||||
10 | conditions of operations of such vehicle or vehicles,
when | ||||||
11 | necessary to assure against undue damage to the road | ||||||
12 | foundations,
surfaces or structures, and may require such | ||||||
13 | undertaking or other
security as may be deemed necessary to | ||||||
14 | compensate for any injury to any
roadway or road structure. The | ||||||
15 | Department shall maintain a daily record of
each permit issued | ||||||
16 | along with the fee and the stipulated dimensions,
weights, | ||||||
17 | conditions and restrictions authorized and this record shall be
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18 | presumed correct in any case of questions or dispute. The | ||||||
19 | Department shall
install an automatic device for recording | ||||||
20 | applications received and permits
issued by telephone. In | ||||||
21 | making application by telephone, the Department and
applicant | ||||||
22 | waive all objections to the recording of the conversation.
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23 | (d) The Department shall, upon application in writing from | ||||||
24 | any local
authority, issue an annual permit authorizing the | ||||||
25 | local authority to
move oversize highway construction, | ||||||
26 | transportation, utility and maintenance
equipment over roads | ||||||
27 | under the jurisdiction of the Department. The permit
shall be | ||||||
28 | applicable only to equipment and vehicles owned by or | ||||||
29 | registered
in the name of the local authority, and no fee shall | ||||||
30 | be charged for the
issuance of such permits.
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31 | (e) As an exception to paragraph (a) of this Section, the | ||||||
32 | Department
and local authorities, with respect to highways | ||||||
33 | under their respective
jurisdictions, in their discretion and | ||||||
34 | upon application in writing may
issue a special permit for | ||||||
35 | limited continuous operation, authorizing the
applicant to | ||||||
36 | move loads of sweet corn, soybeans, corn, wheat, milo, other
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1 | small grains and ensilage during the harvest season only on a 2 | ||||||
2 | axle single
vehicle registered by the Secretary of State with | ||||||
3 | axle loads not to exceed
35% above those provided in Section | ||||||
4 | 15-111. Permits may be issued for a
period not to exceed 40 | ||||||
5 | days and moves may be made of a distance not to
exceed 25 miles | ||||||
6 | from a field to a specified processing plant over any
highway | ||||||
7 | except the National System of Interstate and Defense Highways. | ||||||
8 | All
such vehicles shall be operated in the daytime except when | ||||||
9 | weather or crop
conditions require emergency operation at | ||||||
10 | night, but with respect to such
night operation, every such | ||||||
11 | vehicle with load shall be equipped with
flashing amber lights | ||||||
12 | as specified under Section 12-215.
Upon a declaration by the | ||||||
13 | Governor that an emergency harvest situation
exists, a special | ||||||
14 | permit issued by the Department under this Section shall not
be | ||||||
15 | required from September 1 through December 31 during harvest | ||||||
16 | season
emergencies, provided that the weight does not exceed | ||||||
17 | 20% above the limits
provided in Section 15-111. All other | ||||||
18 | restrictions that apply to permits
issued under this Section | ||||||
19 | shall apply during the declared time period. With
respect to | ||||||
20 | highways under the jurisdiction of local authorities, the local
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21 | authorities may, at their discretion, waive special permit | ||||||
22 | requirements during
harvest season emergencies. This permit | ||||||
23 | exemption shall apply to all vehicles
eligible to obtain | ||||||
24 | permits under this Section, including commercial vehicles in
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25 | use during the declared time period.
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26 | (f) The form and content of the permit shall be determined | ||||||
27 | by the
Department with respect to highways under its | ||||||
28 | jurisdiction and by local
authorities with respect to highways | ||||||
29 | under their jurisdiction. Every permit
shall be in written form | ||||||
30 | and carried in the vehicle or combination of
vehicles to which | ||||||
31 | it refers and shall be open to inspection by any
police officer | ||||||
32 | or authorized agent of any authority granting the permit
and no | ||||||
33 | person shall violate any of the terms or conditions of such
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34 | special permit. Violation of the terms and conditions of the | ||||||
35 | permit
shall not be deemed a revocation of the permit; however, | ||||||
36 | any vehicle and load
found to be off the route prescribed in |
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1 | the permit shall be held to be
operating without a permit. Any | ||||||
2 | off route vehicle and load shall be required
to obtain a new | ||||||
3 | permit or permits, as necessary, to authorize the movement back
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4 | onto the original permit routing. No rule or regulation, nor | ||||||
5 | anything herein
shall be construed to authorize any police | ||||||
6 | officer, court, or authorized agent
of any authority granting | ||||||
7 | the permit to remove the permit from the possession
of the | ||||||
8 | permittee unless the permittee is charged with a fraudulent | ||||||
9 | permit
violation as provided in paragraph (i). However, upon | ||||||
10 | arrest for an offense of
violation of permit, operating without | ||||||
11 | a permit when the vehicle is off route,
or any size or weight | ||||||
12 | offense under this Chapter when the permittee plans to
raise | ||||||
13 | the issuance of the permit as a defense, the permittee, or his | ||||||
14 | agent,
must produce the permit at any court hearing concerning | ||||||
15 | the alleged offense.
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16 | If the permit designates and includes a routing to a | ||||||
17 | certified scale, the
permitee, while enroute to the designated | ||||||
18 | scale, shall be deemed in compliance
with the weight provisions | ||||||
19 | of the permit provided the axle or gross weights
do not exceed | ||||||
20 | any of the permitted limits by more than the following amounts:
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21 | Single axle 2000 pounds
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22 | Tandem axle 3000 pounds
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23 | Gross 5000 pounds
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24 | (g) The Department is authorized to adopt, amend, and to | ||||||
25 | make
available to interested persons a policy concerning | ||||||
26 | reasonable rules,
limitations and conditions or provisions of | ||||||
27 | operation upon highways
under its jurisdiction in addition to | ||||||
28 | those contained in this Section
for the movement by special | ||||||
29 | permit of vehicles, combinations, or loads
which cannot | ||||||
30 | reasonably be dismantled or disassembled, including
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31 | manufactured and modular home sections and portions thereof. | ||||||
32 | All rules,
limitations and conditions or provisions adopted in | ||||||
33 | the policy shall
have due regard for the safety of the | ||||||
34 | traveling public and the protection
of the highway system and | ||||||
35 | shall have been promulgated in conformity with
the provisions | ||||||
36 | of the Illinois Administrative Procedure Act. The
requirements |
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1 | of the policy for flagmen and escort vehicles shall be the
same | ||||||
2 | for all moves of comparable size and weight. When escort | ||||||
3 | vehicles are
required, they shall meet the following | ||||||
4 | requirements:
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5 | (1) All operators shall be 18 years of age or over and | ||||||
6 | properly
licensed to operate the vehicle.
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7 | (2) Vehicles escorting oversized loads more than | ||||||
8 | 12-feet wide must
be equipped with a rotating or flashing | ||||||
9 | amber light mounted on top as specified
under Section | ||||||
10 | 12-215.
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11 | The Department shall establish reasonable rules and | ||||||
12 | regulations
regarding liability insurance or self insurance | ||||||
13 | for vehicles with
oversized loads promulgated under The | ||||||
14 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
15 | required for escort under circumstances as
required by rules | ||||||
16 | and regulations of the Department.
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17 | (h) Violation of any rule, limitation or condition or | ||||||
18 | provision of
any permit issued in accordance with the | ||||||
19 | provisions of this Section
shall not render the entire permit | ||||||
20 | null and void but the violator shall
be deemed guilty of | ||||||
21 | violation of permit and guilty of exceeding any size,
weight or | ||||||
22 | load limitations in excess of those authorized by the permit.
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23 | The prescribed route or routes on the permit are not mere | ||||||
24 | rules, limitations,
conditions, or provisions of the permit, | ||||||
25 | but are also the sole extent of the
authorization granted by | ||||||
26 | the permit. If a vehicle and load are found to be
off the route | ||||||
27 | or routes prescribed by any permit authorizing movement,
the | ||||||
28 | vehicle and load are operating without a permit. Any off route | ||||||
29 | movement
shall be subject to the size and weight maximums, | ||||||
30 | under the applicable
provisions of this Chapter, as determined | ||||||
31 | by the type or class highway upon
which the vehicle and load | ||||||
32 | are being operated.
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33 | (i) Whenever any vehicle is operated or movement made under | ||||||
34 | a
fraudulent permit the permit shall be void, and the person, | ||||||
35 | firm, or
corporation to whom such permit was granted, the | ||||||
36 | driver of such vehicle
in addition to the person who issued |
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1 | such permit and any accessory,
shall be guilty of fraud and | ||||||
2 | either one or all persons may be prosecuted
for such violation. | ||||||
3 | Any person, firm, or corporation committing such
violation | ||||||
4 | shall be guilty of a Class 4 felony and the Department shall
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5 | not issue permits to the person, firm or corporation convicted | ||||||
6 | of such
violation for a period of one year after the date of | ||||||
7 | conviction.
Penalties for violations of this Section shall be | ||||||
8 | in addition to any
penalties imposed for violation of other | ||||||
9 | Sections of this Act.
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10 | (j) Whenever any vehicle is operated or movement made in | ||||||
11 | violation
of a permit issued in accordance with this Section, | ||||||
12 | the person to whom
such permit was granted, or the driver of | ||||||
13 | such vehicle, is guilty of
such violation and either, but not | ||||||
14 | both, persons may be prosecuted for
such violation as stated in | ||||||
15 | this subsection (j). Any person, firm or
corporation convicted | ||||||
16 | of such violation shall be guilty of a petty
offense and shall | ||||||
17 | be fined for the first offense, not less than $50 nor
more than | ||||||
18 | $200 and, for the second offense by the same person, firm or
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19 | corporation within a period of one year, not less than $200 nor | ||||||
20 | more
than $300 and, for the third offense by the same person, | ||||||
21 | firm or
corporation within a period of one year after the date | ||||||
22 | of the first
offense, not less than $300 nor more than $500 and | ||||||
23 | the Department shall
not issue permits to the person, firm or | ||||||
24 | corporation convicted of a
third offense during a period of one | ||||||
25 | year after the date of conviction
for such third offense.
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26 | (k) Whenever any vehicle is operated on local roads under | ||||||
27 | permits
for excess width or length issued by local authorities, | ||||||
28 | such vehicle may
be moved upon a State highway for a distance | ||||||
29 | not to exceed one-half mile
without a permit for the purpose of | ||||||
30 | crossing the State highway.
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31 | (l) Notwithstanding any other provision of this Section, | ||||||
32 | the Department,
with respect to highways under its | ||||||
33 | jurisdiction, and local authorities, with
respect to highways | ||||||
34 | under their jurisdiction, may at their discretion authorize
the | ||||||
35 | movement of a vehicle in violation of any size or weight | ||||||
36 | requirement, or
both, that would not ordinarily be eligible for |
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1 | a permit, when there is a
showing of extreme necessity that the | ||||||
2 | vehicle and load should be moved without
unnecessary delay.
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3 | For the purpose of this subsection, showing of extreme | ||||||
4 | necessity shall be
limited to the following: shipments of | ||||||
5 | livestock, hazardous materials, liquid
concrete being hauled | ||||||
6 | in a mobile cement mixer, or hot asphalt.
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7 | (m) Penalties for violations of this Section shall be in | ||||||
8 | addition to any
penalties imposed for violating any other | ||||||
9 | Section of this Code.
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10 | (n) The Department with respect to highways under its | ||||||
11 | jurisdiction and
local
authorities with respect to highways | ||||||
12 | under their jurisdiction, in their
discretion and upon
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13 | application in writing, may issue a special permit for | ||||||
14 | continuous limited
operation,
authorizing the applicant to | ||||||
15 | operate a tow-truck that exceeds the weight limits
provided
for | ||||||
16 | in subsection (d) of Section 15-111, provided:
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17 | (1) no rear single axle of the tow-truck exceeds 26,000 | ||||||
18 | pounds;
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19 | (2) no rear tandem axle of the tow-truck exceeds 50,000 | ||||||
20 | pounds;
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21 | (3) neither the disabled vehicle nor the disabled | ||||||
22 | combination of vehicles
exceed the
weight restrictions | ||||||
23 | imposed by this Chapter 15, or the weight limits imposed
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24 | under a
permit issued by the Department prior to hookup;
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25 | (4) the tow-truck prior to hookup does not exceed the | ||||||
26 | weight restrictions
imposed
by this Chapter 15;
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27 | (5) during the tow operation the tow-truck does not | ||||||
28 | violate any weight
restriction
sign;
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29 | (6) the tow-truck is equipped with flashing, rotating, | ||||||
30 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
31 | in all directions;
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32 | (7) the tow-truck is specifically designed and | ||||||
33 | licensed as a tow-truck;
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34 | (8) the tow-truck has a gross vehicle weight rating of | ||||||
35 | sufficient
capacity to safely
handle the load;
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36 | (9) the tow-truck is equipped with air brakes;
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1 | (10) the tow-truck is capable of utilizing the lighting | ||||||
2 | and braking
systems of the
disabled vehicle or combination | ||||||
3 | of vehicles;
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4 | (11) the tow distance of the tow does not exceed 50 | ||||||
5 | miles from the point
of
disablement to a place of repair or | ||||||
6 | safekeeping;
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7 | (12) the permit issued to the tow-truck is carried in | ||||||
8 | the tow-truck
and
exhibited on demand by a police officer; | ||||||
9 | and
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10 | (13) the movement shall be valid only on state routes | ||||||
11 | approved by the
Department.
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12 | (o) The Department, with respect to highways under its
| ||||||
13 | jurisdiction, and local authorities, with respect to highways | ||||||
14 | under
their jurisdiction, in their discretion and upon | ||||||
15 | application in
writing, may issue a special permit for | ||||||
16 | continuous limited
operation, authorizing the applicant to | ||||||
17 | transport raw milk that exceeds
the weight limits provided for | ||||||
18 | in subsections (b) and (f) of Section 15-111 of this Code, | ||||||
19 | provided:
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20 | (1) no single axle exceeds 20,000 pounds;
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21 | (2) no gross weight exceeds 80,000 pounds;
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22 | (3) permits issued by the State are good only for | ||||||
23 | federal
and State highways and are not applicable to | ||||||
24 | interstate highways;
and
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25 | (4) all road and bridge postings must be obeyed.
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26 | (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97; 90-655, | ||||||
27 | eff. 7-30-98;
90-676, eff. 7-31-98; 91-569, eff. 1-1-00.)
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28 | (625 ILCS 5/15-308.3 new)
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29 | Sec. 15-308.3 Fees for special permits to transport raw | ||||||
30 | milk. The
fee for a special permit to transport raw milk is | ||||||
31 | $12.50
quarterly and $50.00 annually.
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