093_SB0563sam001

 










                                     LRB093 02177 DRH 12382 a

 1                    AMENDMENT TO SENATE BILL 563

 2        AMENDMENT NO.     .  Amend Senate Bill  563  on  page  1,
 3    line  5, by replacing "Section 15-111" with "Sections 15-111,
 4    15-301, and 15-308.2"; and

 5    on page 6, by replacing lines 12 and 13 with the following:
 6    "on a tandem rear axle,  or  56,000  pounds  on  manufactured
 7    recovery  units  with a triple rear axle, provided the towing
 8    vehicle:"; and

 9    on page 14, below line 8, by inserting the following:

10        "(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
11        Sec. 15-301.  Permits for excess size and weight.
12        (a)  The Department with respect to  highways  under  its
13    jurisdiction  and  local authorities with respect to highways
14    under their  jurisdiction  may,  in  their  discretion,  upon
15    application  and  good  cause  being  shown therefor, issue a
16    special permit authorizing the applicant to operate or move a
17    vehicle or combination of vehicles of a  size  or  weight  of
18    vehicle  or  load exceeding the maximum specified in this Act
19    or otherwise not in conformity with this Act upon any highway
20    under the jurisdiction of the party granting such permit  and
21    for  the  maintenance  of  which  the  party  is responsible.
22    Applications and permits  other  than  those  in  written  or
 
                            -2-      LRB093 02177 DRH 12382 a
 1    printed  form  may  only  be  accepted from and issued to the
 2    company or individual making  the  movement.  Except  for  an
 3    application  to  move  directly across a highway, it shall be
 4    the duty of the applicant to  establish  in  the  application
 5    that  the  load to be moved by such vehicle or combination is
 6    composed  of  a  single  nondivisible  object   that   cannot
 7    reasonably be dismantled or disassembled.  For the purpose of
 8    over  length  movements,  more than one object may be carried
 9    side by side as long as the height, width,  and  weight  laws
10    are not exceeded and the cause for the over length is not due
11    to   multiple   objects.  For  the  purpose  of  over  height
12    movements, more than one object may be carried as long as the
13    cause for the over height is not due to multiple objects  and
14    the length, width, and weight laws are not exceeded.  For the
15    purpose  of  an over width movement, more than one object may
16    be carried as long as the cause for the over width is not due
17    to multiple objects and length, height, and weight  laws  are
18    not  exceeded.   No state or local agency shall authorize the
19    issuance of excess size or weight permits  for  vehicles  and
20    loads  that  are  divisible  and  that  can  be carried, when
21    divided,  within  the  existing  size  or   weight   maximums
22    specified  in this Chapter.  Any excess size or weight permit
23    issued in violation of the provisions of this  Section  shall
24    be  void  at issue and any movement made thereunder shall not
25    be authorized under the terms of the  void  permit.   In  any
26    prosecution   for  a  violation  of  this  Chapter  when  the
27    authorization of an excess size or weight permit is at issue,
28    it is the burden of  the  defendant  to  establish  that  the
29    permit  was  valid  because  the  load  to be moved could not
30    reasonably be dismantled or disassembled,  or  was  otherwise
31    nondivisible.
32        (b)  The application for any such permit shall: (1) state
33    whether  such  permit  is  requested for a single trip or for
34    limited continuous operation; (2) state if the  applicant  is
 
                            -3-      LRB093 02177 DRH 12382 a
 1    an  authorized  carrier  under  the Illinois Motor Carrier of
 2    Property Law, if so, his certificate, registration or  permit
 3    number  issued  by  the  Illinois  Commerce  Commission;  (3)
 4    specifically  describe  and  identify the vehicle or vehicles
 5    and load to be operated or moved except that for vehicles  or
 6    vehicle combinations registered by the Department as provided
 7    in   Section  15-319  of  this  Chapter,  only  the  Illinois
 8    Department of Transportation's (IDT) registration  number  or
 9    classification need be given; (4) state the routing requested
10    including  the  points  of  origin  and  destination, and may
11    identify and include a request for  routing  to  the  nearest
12    certified scale in accordance with the Department's rules and
13    regulations, provided the applicant has approval to travel on
14    local roads; and (5) state if the vehicles or loads are being
15    transported  for  hire.  No  permits  for  the  movement of a
16    vehicle or load for hire shall be issued to any applicant who
17    is required under the Illinois Motor Carrier of Property  Law
18    to  have  a  certificate, registration or permit and does not
19    have such certificate, registration or permit.
20        (c)  The  Department  or   local   authority   when   not
21    inconsistent  with  traffic  safety is authorized to issue or
22    withhold such permit at its discretion; or, if such permit is
23    issued at its discretion to prescribe the route or routes  to
24    be  traveled,  to  limit  the  number  of trips, to establish
25    seasonal or other time limitations within which the  vehicles
26    described  may  be  operated  on  the  highways indicated, or
27    otherwise to limit or prescribe conditions of  operations  of
28    such  vehicle  or  vehicles, when necessary to assure against
29    undue damage to the road foundations, surfaces or structures,
30    and may require such undertaking or other security as may  be
31    deemed  necessary to compensate for any injury to any roadway
32    or road structure. The  Department  shall  maintain  a  daily
33    record  of  each  permit  issued  along  with the fee and the
34    stipulated dimensions, weights, conditions  and  restrictions
 
                            -4-      LRB093 02177 DRH 12382 a
 1    authorized  and  this record shall be presumed correct in any
 2    case of questions or dispute. The Department shall install an
 3    automatic device  for  recording  applications  received  and
 4    permits   issued  by  telephone.  In  making  application  by
 5    telephone, the Department and applicant waive all  objections
 6    to the recording of the conversation.
 7        (d)  The  Department  shall,  upon application in writing
 8    from any local authority, issue an annual permit  authorizing
 9    the  local  authority  to move oversize highway construction,
10    transportation, utility and maintenance equipment over  roads
11    under the jurisdiction of the Department. The permit shall be
12    applicable  only  to  equipment  and  vehicles  owned  by  or
13    registered  in  the  name  of the local authority, and no fee
14    shall be charged for the issuance of such permits.
15        (e)  As an exception to paragraph (a)  of  this  Section,
16    the   Department  and  local  authorities,  with  respect  to
17    highways  under  their  respective  jurisdictions,  in  their
18    discretion and  upon  application  in  writing  may  issue  a
19    special  permit for limited continuous operation, authorizing
20    the applicant to move loads of sweet  corn,  soybeans,  corn,
21    wheat,  milo,  other  small  grains  and  ensilage during the
22    harvest season only on a 2 axle single vehicle registered  by
23    the  Secretary  of  State  with  axle loads not to exceed 35%
24    above those provided in Section 15-111. Permits may be issued
25    for a period not to exceed 40 days and moves may be made of a
26    distance not to exceed 25 miles from a field to  a  specified
27    processing  plant over any highway except the National System
28    of Interstate and Defense Highways. All such  vehicles  shall
29    be  operated  in  the  daytime  except  when  weather or crop
30    conditions require emergency operation  at  night,  but  with
31    respect to such night operation, every such vehicle with load
32    shall  be  equipped  with  flashing amber lights as specified
33    under Section 12-215. Upon a declaration by the Governor that
34    an emergency  harvest  situation  exists,  a  special  permit
 
                            -5-      LRB093 02177 DRH 12382 a
 1    issued  by  the  Department  under  this Section shall not be
 2    required from September 1 through December 31 during  harvest
 3    season  emergencies, provided that the weight does not exceed
 4    20% above the limits provided in Section 15-111.   All  other
 5    restrictions  that apply to permits issued under this Section
 6    shall apply during the declared time period.  With respect to
 7    highways under the jurisdiction  of  local  authorities,  the
 8    local  authorities  may,  at  their discretion, waive special
 9    permit requirements during harvest season emergencies.   This
10    permit  exemption  shall  apply  to  all vehicles eligible to
11    obtain  permits  under  this  Section,  including  commercial
12    vehicles in use during the declared time period.
13        (f)  The  form  and  content  of  the  permit  shall   be
14    determined  by  the Department with respect to highways under
15    its jurisdiction and by local  authorities  with  respect  to
16    highways  under  their jurisdiction. Every permit shall be in
17    written form and carried in the  vehicle  or  combination  of
18    vehicles  to  which it refers and shall be open to inspection
19    by any police officer or authorized agent  of  any  authority
20    granting  the  permit  and no person shall violate any of the
21    terms or conditions of such special permit. Violation of  the
22    terms  and  conditions  of  the  permit shall not be deemed a
23    revocation of the permit; however, any vehicle and load found
24    to be off the route prescribed in the permit shall be held to
25    be operating without a permit.  Any  off  route  vehicle  and
26    load  shall be required to obtain a new permit or permits, as
27    necessary, to authorize the movement back onto  the  original
28    permit  routing.  No  rule or regulation, nor anything herein
29    shall be construed to authorize any police officer, court, or
30    authorized agent of any  authority  granting  the  permit  to
31    remove the permit from the possession of the permittee unless
32    the  permittee  is charged with a fraudulent permit violation
33    as provided in paragraph (i). However,  upon  arrest  for  an
34    offense  of  violation  of permit, operating without a permit
 
                            -6-      LRB093 02177 DRH 12382 a
 1    when the vehicle is off route, or any size or weight  offense
 2    under  this  Chapter  when  the  permittee plans to raise the
 3    issuance of the permit as a defense, the  permittee,  or  his
 4    agent,   must   produce  the  permit  at  any  court  hearing
 5    concerning the alleged offense.
 6        If the permit designates and  includes  a  routing  to  a
 7    certified   scale,   the   permitee,  while  enroute  to  the
 8    designated scale, shall be  deemed  in  compliance  with  the
 9    weight  provisions  of  the permit provided the axle or gross
10    weights do not exceed any of the  permitted  limits  by  more
11    than the following amounts:
12             Single axle               2000 pounds
13             Tandem axle               3000 pounds
14             Gross                     5000 pounds
15        (g)  The Department is authorized to adopt, amend, and to
16    make  available  to  interested  persons  a policy concerning
17    reasonable rules, limitations and conditions or provisions of
18    operation upon highways under its jurisdiction in addition to
19    those contained in this Section for the movement  by  special
20    permit  of  vehicles,  combinations,  or  loads  which cannot
21    reasonably   be   dismantled   or   disassembled,   including
22    manufactured and modular home sections and portions  thereof.
23    All  rules,  limitations and conditions or provisions adopted
24    in the policy shall have due regard for  the  safety  of  the
25    traveling public and the protection of the highway system and
26    shall have been promulgated in conformity with the provisions
27    of   the   Illinois   Administrative   Procedure   Act.   The
28    requirements  of  the  policy for flagmen and escort vehicles
29    shall be the same  for  all  moves  of  comparable  size  and
30    weight.  When  escort  vehicles are required, they shall meet
31    the following requirements:
32             (1)  All operators shall be 18 years of age or  over
33        and properly licensed to operate the vehicle.
34             (2)  Vehicles  escorting  oversized  loads more than
 
                            -7-      LRB093 02177 DRH 12382 a
 1        12-feet wide must be equipped with a rotating or flashing
 2        amber light mounted on top  as  specified  under  Section
 3        12-215.
 4        The  Department  shall  establish  reasonable  rules  and
 5    regulations  regarding  liability insurance or self insurance
 6    for vehicles  with  oversized  loads  promulgated  under  The
 7    Illinois Administrative Procedure Act. Police vehicles may be
 8    required  for escort under circumstances as required by rules
 9    and regulations of the Department.
10        (h)  Violation of any rule, limitation  or  condition  or
11    provision  of  any  permit  issued  in  accordance  with  the
12    provisions of this Section shall not render the entire permit
13    null  and  void  but  the  violator shall be deemed guilty of
14    violation of permit and guilty of exceeding any size,  weight
15    or  load  limitations  in  excess  of those authorized by the
16    permit. The prescribed route or routes on the permit are  not
17    mere  rules,  limitations,  conditions,  or provisions of the
18    permit, but are also the sole  extent  of  the  authorization
19    granted by the permit.  If a vehicle and load are found to be
20    off  the route or routes prescribed by any permit authorizing
21    movement, the  vehicle  and  load  are  operating  without  a
22    permit.   Any off route movement shall be subject to the size
23    and weight maximums, under the applicable provisions of  this
24    Chapter,  as  determined  by  the  type or class highway upon
25    which the vehicle and load are being operated.
26        (i)  Whenever any vehicle is operated  or  movement  made
27    under  a  fraudulent permit the permit shall be void, and the
28    person, firm, or corporation to whom such permit was granted,
29    the driver of such vehicle in  addition  to  the  person  who
30    issued  such  permit  and  any  accessory, shall be guilty of
31    fraud and either one or all persons  may  be  prosecuted  for
32    such  violation.  Any person, firm, or corporation committing
33    such violation shall be guilty of a Class 4  felony  and  the
34    Department  shall  not  issue  permits to the person, firm or
 
                            -8-      LRB093 02177 DRH 12382 a
 1    corporation convicted of such violation for a period  of  one
 2    year  after  the date of conviction. Penalties for violations
 3    of this Section shall be in addition to any penalties imposed
 4    for violation of other Sections of this Act.
 5        (j)  Whenever any vehicle is operated or movement made in
 6    violation of a permit issued in accordance with this Section,
 7    the person to whom such permit was granted, or the driver  of
 8    such vehicle, is guilty of such violation and either, but not
 9    both,  persons may be prosecuted for such violation as stated
10    in this subsection  (j).  Any  person,  firm  or  corporation
11    convicted  of  such  violation  shall  be  guilty  of a petty
12    offense and shall be fined for the first  offense,  not  less
13    than  $50  nor  more than $200 and, for the second offense by
14    the same person, firm or corporation within a period  of  one
15    year,  not  less  than  $200  nor more than $300 and, for the
16    third offense by the same person, firm or corporation  within
17    a period of one year after the date of the first offense, not
18    less  than  $300  nor more than $500 and the Department shall
19    not  issue  permits  to  the  person,  firm  or   corporation
20    convicted  of  a  third  offense  during a period of one year
21    after the date of conviction for such third offense.
22        (k)  Whenever any vehicle  is  operated  on  local  roads
23    under  permits  for  excess  width  or length issued by local
24    authorities, such vehicle may be moved upon a  State  highway
25    for  a  distance not to exceed one-half mile without a permit
26    for the purpose of crossing the State highway.
27        (l)  Notwithstanding any other provision of this Section,
28    the  Department,  with  respect   to   highways   under   its
29    jurisdiction, and local authorities, with respect to highways
30    under  their  jurisdiction, may at their discretion authorize
31    the movement of a vehicle in violation of any size or  weight
32    requirement,  or  both, that would not ordinarily be eligible
33    for a permit, when there is a showing  of  extreme  necessity
34    that the vehicle and load should be moved without unnecessary
 
                            -9-      LRB093 02177 DRH 12382 a
 1    delay.
 2        For  the  purpose  of this subsection, showing of extreme
 3    necessity shall be limited to the  following:   shipments  of
 4    livestock,  hazardous materials, liquid concrete being hauled
 5    in a mobile cement mixer, or hot asphalt.
 6        (m)  Penalties for violations of this Section shall be in
 7    addition to any penalties imposed  for  violating  any  other
 8    Section of this Code.
 9        (n)  The  Department  with  respect to highways under its
10    jurisdiction and local authorities with respect  to  highways
11    under  their  jurisdiction,  in  their  discretion  and  upon
12    application  in  writing,  may  issue  a  special  permit for
13    continuous limited operation, authorizing  the  applicant  to
14    operate  a  tow-truck that exceeds the weight limits provided
15    for in subsection (d) of Section 15-111, provided:
16             (1)  no rear single axle of  the  tow-truck  exceeds
17        26,000 pounds;
18             (2)  no  rear  tandem  axle of the tow-truck exceeds
19        50,000 pounds;
20             (3)  neither the disabled vehicle nor  the  disabled
21        combination  of  vehicles  exceed the weight restrictions
22        imposed by this Chapter 15, or the weight limits  imposed
23        under a permit issued by the Department prior to hookup;
24             (4)  the  tow-truck  prior to hookup does not exceed
25        the weight restrictions imposed by this Chapter 15;
26             (5)  during the tow operation the tow-truck does not
27        violate any weight restriction sign;
28             (6)  the  tow-truck  is  equipped   with   flashing,
29        rotating,  or  oscillating  amber  lights, visible for at
30        least 500 feet in all directions;
31             (7)  the  tow-truck  is  specifically  designed  and
32        licensed as a tow-truck;
33             (8)  the tow-truck has a gross vehicle weight rating
34        of  sufficient capacity to safely handle the load;
 
                            -10-     LRB093 02177 DRH 12382 a
 1             (9)  the tow-truck is equipped with air brakes;
 2             (10)  the tow-truck  is  capable  of  utilizing  the
 3        lighting  and  braking systems of the disabled vehicle or
 4        combination of vehicles;
 5             (11)  the tow commences  at  the  initial  point  of
 6        wreck  or disablement and terminates at a point where the
 7        repairs are actually to occur the tow distance of the tow
 8        does not exceed 50 miles from the point of disablement to
 9        a place of repair or safekeeping;
10             (12)  the permit issued to the tow-truck is  carried
11        in  the  tow-truck  and  exhibited  on demand by a police
12        officer; and
13             (13) the movement  shall  be  valid  only  on  state
14        routes approved by the Department.
15    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
16    90-655, eff. 7-30-98;  90-676,  eff.  7-31-98;  91-569,  eff.
17    1-1-00.)

18        (625 ILCS 5/15-308.2)
19        Sec.  15-308.2.  Fees for special permits for tow-trucks.
20    The fee for a special permit to operate a tow-truck  pursuant
21    to subsection (n) of Section 15-301 is $50 $500 quarterly and
22    $200 $2,000  annually.
23    (Source: P.A. 91-569, eff. 1-1-00.)".