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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 changing | ||||||||||||||||||||||||
5 | Section 15-301 as follows:
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6 | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
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7 | Sec. 15-301. Permits for excess size and weight.
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8 | (a) The Department with respect to highways under its | ||||||||||||||||||||||||
9 | jurisdiction
and local authorities with respect to highways | ||||||||||||||||||||||||
10 | under their jurisdiction
may, in their discretion, upon | ||||||||||||||||||||||||
11 | application and good cause being shown
therefor, issue a | ||||||||||||||||||||||||
12 | special permit authorizing the applicant to operate or
move a | ||||||||||||||||||||||||
13 | vehicle or combination of vehicles of a size or weight of | ||||||||||||||||||||||||
14 | vehicle or
load exceeding the maximum specified in this Act or | ||||||||||||||||||||||||
15 | otherwise not in
conformity with this Act upon any highway | ||||||||||||||||||||||||
16 | under the jurisdiction of the
party granting such permit and | ||||||||||||||||||||||||
17 | for the maintenance of which the party is
responsible. | ||||||||||||||||||||||||
18 | Applications and permits other than those in written or
printed | ||||||||||||||||||||||||
19 | form may only be accepted from and issued to the company or
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20 | individual making the movement. Except for an application to | ||||||||||||||||||||||||
21 | move directly
across a highway, it shall be the duty of the | ||||||||||||||||||||||||
22 | applicant to establish in the
application that the load to be | ||||||||||||||||||||||||
23 | moved by such vehicle or combination is
composed of a single |
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1 | nondivisible object that cannot reasonably be
dismantled or
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2 | disassembled. For the purpose of
over length movements,
more | ||||||
3 | than one object may be carried side by side as long as the | ||||||
4 | height, width,
and weight laws are not exceeded and the cause | ||||||
5 | for the over length is not due
to multiple objects. For the | ||||||
6 | purpose of over height movements, more than one
object may be | ||||||
7 | carried as long as the cause for the over height is not due to
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8 | multiple objects and the length, width, and weight laws are not | ||||||
9 | exceeded. For
the purpose of an over width movement, more than | ||||||
10 | one object may be carried as
long as the cause for the over | ||||||
11 | width is not due to multiple objects and length,
height, and | ||||||
12 | weight laws are not exceeded. Except as otherwise provided in | ||||||
13 | subsection (a-5), no
No state or local agency shall
authorize | ||||||
14 | the issuance of excess size or weight permits for vehicles and | ||||||
15 | loads
that are divisible and that can be carried, when divided, | ||||||
16 | within the existing
size or weight maximums specified in this | ||||||
17 | Chapter. Any excess size or weight
permit issued in violation | ||||||
18 | of the provisions of this Section shall be void at
issue and | ||||||
19 | any movement made thereunder shall not be authorized under the | ||||||
20 | terms
of the void permit. In any prosecution for a violation of | ||||||
21 | this Chapter when
the authorization of an excess size or weight | ||||||
22 | permit is at issue, it is the
burden of the defendant to | ||||||
23 | establish that the permit was valid because the load
to be | ||||||
24 | moved could not reasonably be dismantled or disassembled, or | ||||||
25 | was
otherwise nondivisible.
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26 | (a-5) Local authorities, with respect to highways under |
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1 | their jurisdiction, may issue excess weight permits for | ||||||
2 | divisible loads of agricultural products or livestock.
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3 | (b) The application for any such permit shall: (1) state | ||||||
4 | whether
such permit is requested for a single trip or for | ||||||
5 | limited continuous
operation; (2) state if the applicant is an | ||||||
6 | authorized carrier under the
Illinois Motor Carrier of Property | ||||||
7 | Law, if so, his certificate,
registration or permit number | ||||||
8 | issued by the Illinois Commerce
Commission; (3) specifically | ||||||
9 | describe and identify the vehicle or
vehicles and load to be | ||||||
10 | operated or moved except that for vehicles or
vehicle | ||||||
11 | combinations registered by the Department as provided in | ||||||
12 | Section
15-319 of this Chapter, only the Illinois Department of | ||||||
13 | Transportation's
(IDT) registration number or classification | ||||||
14 | need be given; (4) state the
routing requested including the | ||||||
15 | points of origin and destination, and may
identify and include | ||||||
16 | a request for routing to the nearest certified scale
in | ||||||
17 | accordance with the Department's rules and regulations, | ||||||
18 | provided the
applicant has approval to travel on local roads; | ||||||
19 | and (5) state if the
vehicles or loads are being transported | ||||||
20 | for hire. No permits for the
movement of a vehicle or load for | ||||||
21 | hire shall be issued to any applicant who
is required under the | ||||||
22 | Illinois Motor Carrier of Property Law to have a
certificate, | ||||||
23 | registration or permit and does not have such certificate,
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24 | registration or permit.
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25 | (c) The Department or local authority when not inconsistent | ||||||
26 | with
traffic safety is authorized to issue or withhold such |
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1 | permit at its
discretion; or, if such permit is issued at its | ||||||
2 | discretion to prescribe
the route or routes to be traveled, to | ||||||
3 | limit the number of trips, to
establish seasonal or other time | ||||||
4 | limitations within which the vehicles
described may be operated | ||||||
5 | on the highways indicated, or otherwise to
limit or prescribe | ||||||
6 | conditions of operations of such vehicle or vehicles,
when | ||||||
7 | necessary to assure against undue damage to the road | ||||||
8 | foundations,
surfaces or structures, and may require such | ||||||
9 | undertaking or other
security as may be deemed necessary to | ||||||
10 | compensate for any injury to any
roadway or road structure. The | ||||||
11 | Department shall maintain a daily record of
each permit issued | ||||||
12 | along with the fee and the stipulated dimensions,
weights, | ||||||
13 | conditions and restrictions authorized and this record shall be
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14 | presumed correct in any case of questions or dispute. The | ||||||
15 | Department shall
install an automatic device for recording | ||||||
16 | applications received and permits
issued by telephone. In | ||||||
17 | making application by telephone, the Department and
applicant | ||||||
18 | waive all objections to the recording of the conversation.
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19 | (d) The Department shall, upon application in writing from | ||||||
20 | any local
authority, issue an annual permit authorizing the | ||||||
21 | local authority to
move oversize highway construction, | ||||||
22 | transportation, utility and maintenance
equipment over roads | ||||||
23 | under the jurisdiction of the Department. The permit
shall be | ||||||
24 | applicable only to equipment and vehicles owned by or | ||||||
25 | registered
in the name of the local authority, and no fee shall | ||||||
26 | be charged for the
issuance of such permits.
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1 | (e) As an exception to paragraph (a) of this Section, the | ||||||
2 | Department
and local authorities, with respect to highways | ||||||
3 | under their respective
jurisdictions, in their discretion and | ||||||
4 | upon application in writing may
issue a special permit for | ||||||
5 | limited continuous operation, authorizing the
applicant to | ||||||
6 | move loads of agricultural commodities on a 2 axle single
| ||||||
7 | vehicle registered by the Secretary of State with axle loads | ||||||
8 | not to exceed
35%, on a 3 or 4 axle
vehicle registered by the | ||||||
9 | Secretary of State with axle loads
not to exceed 20%, and on a | ||||||
10 | 5 axle vehicle registered by the
Secretary of State not to | ||||||
11 | exceed 10% above those provided in Section 15-111. The total | ||||||
12 | gross weight of the vehicle, however,
may not exceed the | ||||||
13 | maximum gross weight of the registration class of the vehicle | ||||||
14 | allowed under Section 3-815 or 3-818 of this Code. | ||||||
15 | As used in this Section, "agricultural commodities"
means: | ||||||
16 | (1) cultivated plants or agricultural produce grown
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17 | including, but is not limited to, corn, soybeans, wheat, | ||||||
18 | oats, grain sorghum, canola, and rice; | ||||||
19 | (2) livestock, including but not limited to hogs, | ||||||
20 | equine, sheep, and poultry; | ||||||
21 | (3) ensilage; and | ||||||
22 | (4) fruits and vegetables.
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23 | Permits may be issued for a
period not to exceed 40 days | ||||||
24 | and moves may be made of a distance not to
exceed 50 miles from | ||||||
25 | a field, an on-farm grain storage facility, a warehouse as | ||||||
26 | defined in the Illinois Grain Code, or a livestock management |
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1 | facility as defined in the Livestock Management Facilities Act | ||||||
2 | over any
highway except the National System of Interstate and | ||||||
3 | Defense Highways. The operator of the vehicle,
however, must | ||||||
4 | abide by posted bridge and posted highway weight limits. All | ||||||
5 | implements of husbandry operating under this Section between | ||||||
6 | sunset and sunrise shall be equipped as prescribed in Section | ||||||
7 | 12-205.1.
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8 | (e-1) Upon a declaration by the Governor that an emergency | ||||||
9 | harvest situation
exists, a special permit issued by the | ||||||
10 | Department under this Section shall not
be required from | ||||||
11 | September 1 through December 31 during harvest season
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12 | emergencies, provided that the weight does not exceed 20% above | ||||||
13 | the limits
provided in Section 15-111. All other restrictions | ||||||
14 | that apply to permits
issued under this Section shall apply | ||||||
15 | during the declared time period. With
respect to highways under | ||||||
16 | the jurisdiction of local authorities, the local
authorities | ||||||
17 | may, at their discretion, waive special permit requirements | ||||||
18 | during
harvest season emergencies. This permit exemption shall | ||||||
19 | apply to all vehicles
eligible to obtain permits under this | ||||||
20 | Section, including commercial vehicles in
use during the | ||||||
21 | declared time period.
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22 | (f) The form and content of the permit shall be determined | ||||||
23 | by the
Department with respect to highways under its | ||||||
24 | jurisdiction and by local
authorities with respect to highways | ||||||
25 | under their jurisdiction. Every permit
shall be in written form | ||||||
26 | and carried in the vehicle or combination of
vehicles to which |
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1 | it refers and shall be open to inspection by any
police officer | ||||||
2 | or authorized agent of any authority granting the permit
and no | ||||||
3 | person shall violate any of the terms or conditions of such
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4 | special permit. Violation of the terms and conditions of the | ||||||
5 | permit
shall not be deemed a revocation of the permit; however, | ||||||
6 | any vehicle and load
found to be off the route prescribed in | ||||||
7 | the permit shall be held to be
operating without a permit. Any | ||||||
8 | off route vehicle and load shall be required
to obtain a new | ||||||
9 | permit or permits, as necessary, to authorize the movement back
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10 | onto the original permit routing. No rule or regulation, nor | ||||||
11 | anything herein
shall be construed to authorize any police | ||||||
12 | officer, court, or authorized agent
of any authority granting | ||||||
13 | the permit to remove the permit from the possession
of the | ||||||
14 | permittee unless the permittee is charged with a fraudulent | ||||||
15 | permit
violation as provided in paragraph (i). However, upon | ||||||
16 | arrest for an offense of
violation of permit, operating without | ||||||
17 | a permit when the vehicle is off route,
or any size or weight | ||||||
18 | offense under this Chapter when the permittee plans to
raise | ||||||
19 | the issuance of the permit as a defense, the permittee, or his | ||||||
20 | agent,
must produce the permit at any court hearing concerning | ||||||
21 | the alleged offense.
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22 | If the permit designates and includes a routing to a | ||||||
23 | certified scale, the
permitee, while enroute to the designated | ||||||
24 | scale, shall be deemed in compliance
with the weight provisions | ||||||
25 | of the permit provided the axle or gross weights
do not exceed | ||||||
26 | any of the permitted limits by more than the following amounts:
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1 | Single axle 2000 pounds
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2 | Tandem axle 3000 pounds
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3 | Gross 5000 pounds
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4 | (g) The Department is authorized to adopt, amend, and to | ||||||
5 | make
available to interested persons a policy concerning | ||||||
6 | reasonable rules,
limitations and conditions or provisions of | ||||||
7 | operation upon highways
under its jurisdiction in addition to | ||||||
8 | those contained in this Section
for the movement by special | ||||||
9 | permit of vehicles, combinations, or loads
which cannot | ||||||
10 | reasonably be dismantled or disassembled, including
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11 | manufactured and modular home sections and portions thereof. | ||||||
12 | All rules,
limitations and conditions or provisions adopted in | ||||||
13 | the policy shall
have due regard for the safety of the | ||||||
14 | traveling public and the protection
of the highway system and | ||||||
15 | shall have been promulgated in conformity with
the provisions | ||||||
16 | of the Illinois Administrative Procedure Act. The
requirements | ||||||
17 | of the policy for flagmen and escort vehicles shall be the
same | ||||||
18 | for all moves of comparable size and weight. When escort | ||||||
19 | vehicles are
required, they shall meet the following | ||||||
20 | requirements:
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21 | (1) All operators shall be 18 years of age or over and | ||||||
22 | properly
licensed to operate the vehicle.
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23 | (2) Vehicles escorting oversized loads more than | ||||||
24 | 12-feet wide must
be equipped with a rotating or flashing | ||||||
25 | amber light mounted on top as specified
under Section | ||||||
26 | 12-215.
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1 | The Department shall establish reasonable rules and | ||||||
2 | regulations
regarding liability insurance or self insurance | ||||||
3 | for vehicles with
oversized loads promulgated under The | ||||||
4 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
5 | required for escort under circumstances as
required by rules | ||||||
6 | and regulations of the Department.
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7 | (h) Violation of any rule, limitation or condition or | ||||||
8 | provision of
any permit issued in accordance with the | ||||||
9 | provisions of this Section
shall not render the entire permit | ||||||
10 | null and void but the violator shall
be deemed guilty of | ||||||
11 | violation of permit and guilty of exceeding any size,
weight or | ||||||
12 | load limitations in excess of those authorized by the permit.
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13 | The prescribed route or routes on the permit are not mere | ||||||
14 | rules, limitations,
conditions, or provisions of the permit, | ||||||
15 | but are also the sole extent of the
authorization granted by | ||||||
16 | the permit. If a vehicle and load are found to be
off the route | ||||||
17 | or routes prescribed by any permit authorizing movement,
the | ||||||
18 | vehicle and load are operating without a permit. Any off route | ||||||
19 | movement
shall be subject to the size and weight maximums, | ||||||
20 | under the applicable
provisions of this Chapter, as determined | ||||||
21 | by the type or class highway upon
which the vehicle and load | ||||||
22 | are being operated.
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23 | (i) Whenever any vehicle is operated or movement made under | ||||||
24 | a
fraudulent permit the permit shall be void, and the person, | ||||||
25 | firm, or
corporation to whom such permit was granted, the | ||||||
26 | 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 |
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1 | permits
for excess width or length issued by local authorities, | ||||||
2 | such vehicle may
be moved upon a State highway for a distance | ||||||
3 | not to exceed one-half mile
without a permit for the purpose of | ||||||
4 | crossing the State highway.
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5 | (l) Notwithstanding any other provision of this Section, | ||||||
6 | the Department,
with respect to highways under its | ||||||
7 | jurisdiction, and local authorities, with
respect to highways | ||||||
8 | under their jurisdiction, may at their discretion authorize
the | ||||||
9 | movement of a vehicle in violation of any size or weight | ||||||
10 | requirement, or
both, that would not ordinarily be eligible for | ||||||
11 | a permit, when there is a
showing of extreme necessity that the | ||||||
12 | vehicle and load should be moved without
unnecessary delay.
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13 | For the purpose of this subsection, showing of extreme | ||||||
14 | necessity shall be
limited to the following: shipments of | ||||||
15 | livestock, hazardous materials, liquid
concrete being hauled | ||||||
16 | in a mobile cement mixer, or hot asphalt.
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17 | (m) Penalties for violations of this Section shall be in | ||||||
18 | addition to any
penalties imposed for violating any other | ||||||
19 | Section of this Code.
| ||||||
20 | (n) The Department with respect to highways under its | ||||||
21 | jurisdiction and
local
authorities with respect to highways | ||||||
22 | under their jurisdiction, in their
discretion and upon
| ||||||
23 | application in writing, may issue a special permit for | ||||||
24 | continuous limited
operation,
authorizing the applicant to | ||||||
25 | operate a tow-truck that exceeds the weight limits
provided
for | ||||||
26 | in subsection (d) of Section 15-111, provided:
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1 | (1) no rear single axle of the tow-truck exceeds 26,000 | ||||||
2 | pounds;
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3 | (2) no rear tandem axle of the tow-truck exceeds 50,000 | ||||||
4 | pounds;
| ||||||
5 | (2.1) no triple rear axle on a manufactured recovery | ||||||
6 | unit exceeds 56,000 pounds;
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7 | (3) neither the disabled vehicle nor the disabled | ||||||
8 | combination of vehicles
exceed the
weight restrictions | ||||||
9 | imposed by this Chapter 15, or the weight limits imposed
| ||||||
10 | under a
permit issued by the Department prior to hookup;
| ||||||
11 | (4) the tow-truck prior to hookup does not exceed the | ||||||
12 | weight restrictions
imposed
by this Chapter 15;
| ||||||
13 | (5) during the tow operation the tow-truck does not | ||||||
14 | violate any weight
restriction
sign;
| ||||||
15 | (6) the tow-truck is equipped with flashing, rotating, | ||||||
16 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
17 | in all directions;
| ||||||
18 | (7) the tow-truck is specifically designed and | ||||||
19 | licensed as a tow-truck;
| ||||||
20 | (8) the tow-truck has a gross vehicle weight rating of | ||||||
21 | sufficient
capacity to safely
handle the load;
| ||||||
22 | (9) the tow-truck is equipped with air brakes;
| ||||||
23 | (10) the tow-truck is capable of utilizing the lighting | ||||||
24 | and braking
systems of the
disabled vehicle or combination | ||||||
25 | of vehicles;
| ||||||
26 | (11) the tow commences at the initial point of wreck or |
| |||||||
| |||||||
1 | disablement and terminates at a point where the repairs are | ||||||
2 | actually to occur;
| ||||||
3 | (12) the permit issued to the tow-truck is carried in | ||||||
4 | the tow-truck
and
exhibited on demand by a police officer; | ||||||
5 | and
| ||||||
6 | (13) the movement shall be valid only on state routes | ||||||
7 | approved by the
Department.
| ||||||
8 | (o) The Department, with respect to highways under its
| ||||||
9 | jurisdiction, and local authorities, with respect to highways | ||||||
10 | under
their jurisdiction, in their discretion and upon | ||||||
11 | application in
writing, may issue a special permit for | ||||||
12 | continuous limited
operation, authorizing the applicant to | ||||||
13 | transport raw milk that exceeds
the weight limits provided for | ||||||
14 | in subsections (b) and (f) of Section 15-111 of this Code, | ||||||
15 | provided:
| ||||||
16 | (1) no single axle exceeds 20,000 pounds;
| ||||||
17 | (2) no gross weight exceeds 80,000 pounds;
| ||||||
18 | (3) permits issued by the State are good only for | ||||||
19 | federal
and State highways and are not applicable to | ||||||
20 | interstate highways;
and
| ||||||
21 | (4) all road and bridge postings must be obeyed.
| ||||||
22 | (Source: P.A. 93-718, eff. 1-1-05; 93-971, eff. 8-20-04; | ||||||
23 | 93-1023, eff. 8-25-04; revised 10-14-04.)
| ||||||
24 | Section 99. Effective date. This Act takes effect upon | ||||||
25 | becoming law.
|