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.)".