093_SB2118
LRB093 14233 DRH 19758 b
1 AN ACT concerning vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
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:
7 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
8 Sec. 15-301. Permits for excess size and weight.
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
16 or 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
20 printed form may only be accepted from and issued to the
21 company or individual making the movement. Except for an
22 application to move directly across a highway, it shall be
23 the duty of the applicant to establish in the application
24 that the load to be moved by such vehicle or combination is
25 composed of a single nondivisible object that cannot
26 reasonably be dismantled or disassembled. For the purpose of
27 over length movements, more than one object may be carried
28 side by side as long as the height, width, and weight laws
29 are not exceeded and the cause for the over length is not due
30 to multiple objects. For the purpose of over height
31 movements, more than one object may be carried as long as the
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1 cause for the over height is not due to multiple objects and
2 the length, width, and weight laws are not exceeded. For the
3 purpose of an over width movement, more than one object may
4 be carried as long as the cause for the over width is not due
5 to multiple objects and length, height, and weight laws are
6 not exceeded. No state or local agency shall authorize the
7 issuance of excess size or weight permits for vehicles and
8 loads that are divisible and that can be carried, when
9 divided, within the existing size or weight maximums
10 specified in this Chapter. Any excess size or weight permit
11 issued in violation of the provisions of this Section shall
12 be void at issue and any movement made thereunder shall not
13 be authorized under the terms of the void permit. In any
14 prosecution for a violation of this Chapter when the
15 authorization of an excess size or weight permit is at issue,
16 it is the burden of the defendant to establish that the
17 permit was valid because the load to be moved could not
18 reasonably be dismantled or disassembled, or was otherwise
19 nondivisible.
20 (b) The application for any such permit shall: (1) state
21 whether such permit is requested for a single trip or for
22 limited continuous operation; (2) state if the applicant is
23 an authorized carrier under the Illinois Motor Carrier of
24 Property Law, if so, his certificate, registration or permit
25 number issued by the Illinois Commerce Commission; (3)
26 specifically describe and identify the vehicle or vehicles
27 and load to be operated or moved except that for vehicles or
28 vehicle combinations registered by the Department as provided
29 in Section 15-319 of this Chapter, only the Illinois
30 Department of Transportation's (IDT) registration number or
31 classification need be given; (4) state the routing requested
32 including the points of origin and destination, and may
33 identify and include a request for routing to the nearest
34 certified scale in accordance with the Department's rules and
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1 regulations, provided the applicant has approval to travel on
2 local roads; and (5) state if the vehicles or loads are being
3 transported for hire. No permits for the movement of a
4 vehicle or load for hire shall be issued to any applicant who
5 is required under the Illinois Motor Carrier of Property Law
6 to have a certificate, registration or permit and does not
7 have such certificate, registration or permit.
8 (c) The Department or local authority when not
9 inconsistent with traffic safety is authorized to issue or
10 withhold such permit at its discretion; or, if such permit is
11 issued at its discretion to prescribe the route or routes to
12 be traveled, to limit the number of trips, to establish
13 seasonal or other time limitations within which the vehicles
14 described may be operated on the highways indicated, or
15 otherwise to limit or prescribe conditions of operations of
16 such vehicle or vehicles, when necessary to assure against
17 undue damage to the road foundations, surfaces or structures,
18 and may require such undertaking or other security as may be
19 deemed necessary to compensate for any injury to any roadway
20 or road structure. The Department shall maintain a daily
21 record of each permit issued along with the fee and the
22 stipulated dimensions, weights, conditions and restrictions
23 authorized and this record shall be presumed correct in any
24 case of questions or dispute. The Department shall install an
25 automatic device for recording applications received and
26 permits issued by telephone. In making application by
27 telephone, the Department and applicant waive all objections
28 to the recording of the conversation.
29 (d) The Department shall, upon application in writing
30 from any local authority, issue an annual permit authorizing
31 the local authority to move oversize highway construction,
32 transportation, utility and maintenance equipment over roads
33 under the jurisdiction of the Department. The permit shall be
34 applicable only to equipment and vehicles owned by or
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1 registered in the name of the local authority, and no fee
2 shall be charged for the issuance of such permits.
3 (e) As an exception to paragraph (a) of this Section,
4 the Department and local authorities, with respect to
5 highways under their respective jurisdictions, in their
6 discretion and upon application in writing may issue a
7 special permit for limited continuous operation, authorizing
8 the applicant to move loads of sweet corn, soybeans, corn,
9 wheat, milo, other small grains and ensilage during the
10 harvest season only on a 2 axle single vehicle registered by
11 the Secretary of State with axle loads not to exceed 35%
12 above those provided in Section 15-111. Permits may be issued
13 for a period not to exceed 40 days and moves may be made of a
14 distance not to exceed 25 miles from a field to a specified
15 processing plant over any highway except the National System
16 of Interstate and Defense Highways. All such vehicles shall
17 be operated in the daytime except when weather or crop
18 conditions require emergency operation at night, but with
19 respect to such night operation, every such vehicle with load
20 shall be equipped with flashing amber lights as specified
21 under Section 12-215. Upon a declaration by the Governor that
22 an emergency harvest situation exists, a special permit
23 issued by the Department under this Section shall not be
24 required from September 1 through December 31 during harvest
25 season emergencies, provided that the weight does not exceed
26 20% above the limits provided in Section 15-111. All other
27 restrictions that apply to permits issued under this Section
28 shall apply during the declared time period. With respect to
29 highways under the jurisdiction of local authorities, the
30 local authorities may, at their discretion, waive special
31 permit requirements during harvest season emergencies. This
32 permit exemption shall apply to all vehicles eligible to
33 obtain permits under this Section, including commercial
34 vehicles in use during the declared time period.
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1 (f) The form and content of the permit shall be
2 determined by the Department with respect to highways under
3 its jurisdiction and by local authorities with respect to
4 highways under their jurisdiction. Every permit shall be in
5 written form and carried in the vehicle or combination of
6 vehicles to which it refers and shall be open to inspection
7 by any police officer or authorized agent of any authority
8 granting the permit and no person shall violate any of the
9 terms or conditions of such special permit. Violation of the
10 terms and conditions of the permit shall not be deemed a
11 revocation of the permit; however, any vehicle and load found
12 to be off the route prescribed in the permit shall be held to
13 be operating without a permit. Any off route vehicle and
14 load shall be required to obtain a new permit or permits, as
15 necessary, to authorize the movement back onto the original
16 permit routing. No rule or regulation, nor anything herein
17 shall be construed to authorize any police officer, court, or
18 authorized agent of any authority granting the permit to
19 remove the permit from the possession of the permittee unless
20 the permittee is charged with a fraudulent permit violation
21 as provided in paragraph (i). However, upon arrest for an
22 offense of violation of permit, operating without a permit
23 when the vehicle is off route, or any size or weight offense
24 under this Chapter when the permittee plans to raise the
25 issuance of the permit as a defense, the permittee, or his
26 agent, must produce the permit at any court hearing
27 concerning the alleged offense.
28 If the permit designates and includes a routing to a
29 certified scale, the permitee, while enroute to the
30 designated scale, shall be deemed in compliance with the
31 weight provisions of the permit provided the axle or gross
32 weights do not exceed any of the permitted limits by more
33 than the following amounts:
34 Single axle 2000 pounds
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1 Tandem axle 3000 pounds
2 Gross 5000 pounds
3 (g) The Department is authorized to adopt, amend, and to
4 make available to interested persons a policy concerning
5 reasonable rules, limitations and conditions or provisions of
6 operation upon highways under its jurisdiction in addition to
7 those contained in this Section for the movement by special
8 permit of vehicles, combinations, or loads which cannot
9 reasonably be dismantled or disassembled, including
10 manufactured and modular home sections and portions thereof.
11 All rules, limitations and conditions or provisions adopted
12 in the policy shall have due regard for the safety of the
13 traveling public and the protection of the highway system and
14 shall have been promulgated in conformity with the provisions
15 of the Illinois Administrative Procedure Act. The
16 requirements of the policy for flagmen and escort vehicles
17 shall be the same for all moves of comparable size and
18 weight. When escort vehicles are required, they shall meet
19 the following requirements:
20 (1) All operators shall be 18 years of age or over
21 and properly licensed to operate the vehicle.
22 (2) Vehicles escorting oversized loads more than
23 12-feet wide must be equipped with a rotating or flashing
24 amber light mounted on top as specified under Section
25 12-215.
26 The Department shall establish reasonable rules and
27 regulations regarding liability insurance or self insurance
28 for vehicles with oversized loads promulgated under The
29 Illinois Administrative Procedure Act. Police vehicles may be
30 required for escort under circumstances as required by rules
31 and regulations of the Department.
32 (h) Violation of any rule, limitation or condition or
33 provision of any permit issued in accordance with the
34 provisions of this Section shall not render the entire permit
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1 null and void but the violator shall be deemed guilty of
2 violation of permit and guilty of exceeding any size, weight
3 or load limitations in excess of those authorized by the
4 permit. The prescribed route or routes on the permit are not
5 mere rules, limitations, conditions, or provisions of the
6 permit, but are also the sole extent of the authorization
7 granted by the permit. If a vehicle and load are found to be
8 off the route or routes prescribed by any permit authorizing
9 movement, the vehicle and load are operating without a
10 permit. Any off route movement shall be subject to the size
11 and weight maximums, under the applicable provisions of this
12 Chapter, as determined by the type or class highway upon
13 which the vehicle and load are being operated.
14 (i) Whenever any vehicle is operated or movement made
15 under a fraudulent permit the permit shall be void, and the
16 person, firm, or corporation to whom such permit was granted,
17 the driver of such vehicle in addition to the person who
18 issued such permit and any accessory, shall be guilty of
19 fraud and either one or all persons may be prosecuted for
20 such violation. Any person, firm, or corporation committing
21 such violation shall be guilty of a Class 4 felony and the
22 Department shall not issue permits to the person, firm or
23 corporation convicted of such violation for a period of one
24 year after the date of conviction. Penalties for violations
25 of this Section shall be in addition to any penalties imposed
26 for violation of other Sections of this Act.
27 (j) Whenever any vehicle is operated or movement made in
28 violation of a permit issued in accordance with this Section,
29 the person to whom such permit was granted, or the driver of
30 such vehicle, is guilty of such violation and either, but not
31 both, persons may be prosecuted for such violation as stated
32 in this subsection (j). Any person, firm or corporation
33 convicted of such violation shall be guilty of a petty
34 offense and shall be fined for the first offense, not less
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1 than $50 nor more than $200 and, for the second offense by
2 the same person, firm or corporation within a period of one
3 year, not less than $200 nor more than $300 and, for the
4 third offense by the same person, firm or corporation within
5 a period of one year after the date of the first offense, not
6 less than $300 nor more than $500 and the Department shall
7 not issue permits to the person, firm or corporation
8 convicted of a third offense during a period of one year
9 after the date of conviction for such third offense.
10 (k) Whenever any vehicle is operated on local roads
11 under permits for excess width or length issued by local
12 authorities, such vehicle may be moved upon a State highway
13 for a distance not to exceed one-half mile without a permit
14 for the purpose of crossing the State highway.
15 (l) Notwithstanding any other provision of this Section,
16 the Department, with respect to highways under its
17 jurisdiction, and local authorities, with respect to highways
18 under their jurisdiction, may at their discretion authorize
19 the movement of a vehicle in violation of any size or weight
20 requirement, or both, that would not ordinarily be eligible
21 for a permit, when there is a showing of extreme necessity
22 that the vehicle and load should be moved without unnecessary
23 delay.
24 For the purpose of this subsection, showing of extreme
25 necessity shall be limited to the following: shipments of
26 livestock, hazardous materials, liquid concrete being hauled
27 in a mobile cement mixer, or hot asphalt.
28 (m) Penalties for violations of this Section shall be in
29 addition to any penalties imposed for violating any other
30 Section of this Code.
31 (n) The Department with respect to highways under its
32 jurisdiction and local authorities with respect to highways
33 under their jurisdiction, in their discretion and upon
34 application in writing, may issue a special permit for
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1 continuous limited operation, authorizing the applicant to
2 operate a tow-truck that exceeds the weight limits provided
3 for in subsection (d) of Section 15-111, provided:
4 (1) no rear single axle of the tow-truck exceeds
5 26,000 pounds;
6 (2) no rear tandem axle of the tow-truck exceeds
7 50,000 pounds;
8 (3) neither the disabled vehicle nor the disabled
9 combination of vehicles exceed the weight restrictions
10 imposed by this Chapter 15, or the weight limits imposed
11 under a permit issued by the Department prior to hookup;
12 (4) the tow-truck prior to hookup does not exceed
13 the weight restrictions imposed by this Chapter 15;
14 (5) during the tow operation the tow-truck does not
15 violate any weight restriction sign;
16 (6) the tow-truck is equipped with flashing,
17 rotating, or oscillating amber lights, visible for at
18 least 500 feet in all directions;
19 (7) the tow-truck is specifically designed and
20 licensed as a tow-truck;
21 (8) the tow-truck has a gross vehicle weight rating
22 of sufficient capacity to safely handle the load;
23 (9) the tow-truck is equipped with air brakes;
24 (10) the tow-truck is capable of utilizing the
25 lighting and braking systems of the disabled vehicle or
26 combination of vehicles;
27 (11) the tow distance of the tow does not exceed 50
28 miles from the point of disablement to a place of repair
29 or safekeeping;
30 (12) the permit issued to the tow-truck is carried
31 in the tow-truck and exhibited on demand by a police
32 officer; and
33 (13) the movement shall be valid only on state
34 routes approved by the Department.
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1 (o) The Department, with respect to highways under its
2 jurisdiction, and local authorities, with respect to highways
3 under their jurisdiction, in their discretion and upon
4 application in writing, may issue a special permit for
5 continuous limited operation, authorizing the applicant to
6 transport raw milk that exceeds the weight limits provided
7 for in subsections (b) and (f) subsection of Section 15-111
8 of this Code, provided:
9 (1) no single axle exceeds 20,000 pounds;
10 (2) no gross weight exceeds 80,000 pounds;
11 (3) permits issued by the state are only good for
12 federal and State highways and are not applicable to
13 interstate highways; and
14 (4) all road and bridge postings must be obeyed.
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 5/15-308.3 new)
19 Sec. 15-308.3 Fees for special permits to transport raw
20 milk. The fee for a special permit to transport raw milk is
21 $12.50 quarterly and $50.00 annually.
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.