95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB1512

 

Introduced 2/22/2007, by Rep. Robert F. Flider

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-301   from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Provides that local authorities may issue overweight permits for the hauling of divisible loads of agricultural products and livestock. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1     AN ACT concerning transportation.
 
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 changing
5 Section 15-301 as follows:
 
6     (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7     Sec. 15-301. Permits for excess size and weight.
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
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
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
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.
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.
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,
24 registration or permit.
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
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.
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
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.
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.
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
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.
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
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
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.
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
2         Tandem axle               3000 pounds
3         Gross                     5000 pounds
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
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:
21         (1) All operators shall be 18 years of age or over and
22     properly licensed to operate the vehicle.
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.
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.
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.
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
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.
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
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.
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.
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.
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.
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;
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;
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

 

 

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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.