HB6684 93RD GENERAL ASSEMBLY

LRB093 14519 DRH 47292 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6684

Introduced 02/09/04, by Robert F. Flider

SYNOPSIS AS INTRODUCED:

625 ILCS 5/15-316

from Ch. 95 1/2, par. 15-316

Amends the Illinois Vehicle Code. Provides that, during the period beginning on August 15 and ending on December 15 of any year, a vehicle or combination of vehicles whose gross weight does not exceed 80,000 pounds and that does not exceed existing length and width limits may use highways under the jurisdiction of local authorities to transport agricultural products from the field to grain bins or a grain elevator or from grain bins to a grain elevator. Requires the motor vehicle or combination of motor vehicles to use the most direct route available to reach its destination. Provides that the exemption does not apply to weight limits imposed for bridges, or to vehicles operated on interstate highways, and does not provide a waiver of a manufacturer's recommendations for the safe operation of equipment.

A BILL FOR

AN ACT in relation to vehicles.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Section 15-316 as follows:

(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)

Sec. 15-316. When the Department or local authority may restrict right to use highways.

(a) Local authorities with respect to highways under their jurisdiction may by ordinance or resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to the weight of vehicles to be operated upon any such highway, for a total period of not to exceed 90 days in any one calendar year, whenever any said highway by reason of deterioration, rain, snow, or other climate conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.

(b) The local authority enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provision of the ordinance or resolution at each end of that portion of any highway affected thereby, and the ordinance or resolution shall not be effective unless and until such signs are erected and maintained.

(c) Local authorities with respect to highways under their jurisdiction may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as the weight thereof, on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.

(c-1) (Blank).

(d) The Department shall likewise have authority as hereinbefore granted to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highway under the jurisdiction of said department, and such restrictions shall be effective when signs giving notice thereof are erected upon the highway or portion of any highway affected by such resolution.

(d-1) (Blank).

(d-2) (Blank).

(d-3) During the period beginning August 15 and ending December 15 of any year, a motor vehicle or combination of motor vehicles with a gross weight not exceeding 80,000 pounds and up to 65 feet in overall length and 102 inches in width hauling agricultural products may use highways under the jurisdiction of local authorities to transport those agricultural products from the field to grain bins or a grain elevator or from grain bins to a grain elevator, provided the motor vehicle or combination of motor vehicles uses the most direct route available to reach its destination. The exemption provided by this subsection (d-3) does not apply to weight limits imposed for bridges, or to vehicles operated on interstate highways. This subsection (d-3) does not provide a waiver of a manufacturer's recommendations for the safe operation of equipment.

(e) When any vehicle is operated in violation of this Section, the owner or driver of the vehicle shall be deemed guilty of a violation and either the owner or the driver of the vehicle may be prosecuted for the violation. Any person, firm, or corporation convicted of violating this Section shall be fined $50 for any weight exceeding the posted limit up to the axle or gross weight limit allowed a vehicle as provided for in subsections (a) or (b) of Section 15-111 and $75 per every 500 pounds or fraction thereof for any weight exceeding that which is provided for in subsections (a) or (b) of Section 15-111.

(f) A municipality is authorized to enforce a county weight limit ordinance applying to county highways within its corporate limits and is entitled to the proceeds of any fines collected from the enforcement.

(Source: P.A. 92-417, eff. 1-1-02; 93-177, eff. 7-11-03.)