HB2367ham002 98TH GENERAL ASSEMBLY

Rep. Wayne Rosenthal

Filed: 4/7/2014

09800HB2367ham002 LRB098 06741 MLW 58166 a

AMENDMENT TO HOUSE BILL 2367

AMENDMENT NO. ______. Amend House Bill 2367, AS AMENDED, by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Section 15-316 as follows:

(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)

Sec. 15-316. When the Department or local authority may restrict right to use highways.

(a) Except as provided in subsection (g), local authorities with respect to highways under their jurisdiction may by ordinance or resolution prohibit the operation of vehicles upon any such highway or impose restrictions as to the weight of vehicles to be operated upon any such highway, for a total period of not to exceed 90 days in any one calendar year, whenever any said highway by reason of deterioration, rain, snow, or other climate conditions will be seriously damaged or destroyed unless the use of vehicles thereon is prohibited or the permissible weights thereof reduced.

(b) The local authority enacting any such ordinance or resolution shall erect or cause to be erected and maintained signs designating the provision of the ordinance or resolution at each end of that portion of any highway affected thereby, and the ordinance or resolution shall not be effective unless and until such signs are erected and maintained.

(c) Local authorities, with exception of road districts as provided in subsection (c-5) of this Section, with respect to highways under their jurisdiction may also, by ordinance or resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitations as the weight thereof, on designated highways, which prohibitions and limitations shall be designated by appropriate signs placed on such highways.

(c-1) (Blank).

(c-5) Highway commissioners, as used in the Illinois Highway Code, with respect to highways under their jurisdiction may, after conducting a public hearing and approving a resolution, prohibit the operation of trucks or other commercial vehicles, or may impose limitation on the weight thereof, on designated highways, which prohibition and limitation shall be designated by appropriate signs placed on these highways with written approval of the county superintendent of highways. If any highway commissioner fails or refuses to change or evaluate a permanently reduced weight limit on any road or section of a road in his or her district within 10 days after he or she is given a notice in writing signed by 3 persons that own land in the road district that the road or section of a road should not be permanently posted at a reduced weight limit, the 3 landowners whose request was not complied with may petition the county superintendent of highways that the road or section thereof is in need of evaluation or change of the permanently reduced weight limit by the highway commissioner. The county superintendent of highways shall set a day, not less than 10 nor more than 20 days after the petition is filed with him or her, for hearing the complaint alleged in the petition, and shall post notice of the hearing not less than 10 days prior to the hearing in a newspaper of general circulation in the road district containing the road or section of road described in the petition and also by delivering a copy of the notice to the commissioner or mailing a copy of the petition to the commissioner. If the county superintendent of highways determines as a result of the hearing that the road described in the petition is in need of a change in the permanently reduced weight limit by the highway commissioner of the district, he or she shall order the highway commissioner of the district to make any necessary change to the posted weight limit. If any highway commissioner wilfully disobeys the order of the county superintendent of highways issued under this Section, when there are sufficient funds to permit compliance with the order, he or she shall be guilty of a petty offense, and shall upon proper proceedings being brought in the circuit court of the county, be subject to removal from office.

(d) The Department shall likewise have authority as hereinbefore granted to local authorities to determine by resolution and to impose restrictions as to the weight of vehicles operated upon any highway under the jurisdiction of said department, and such restrictions shall be effective when signs giving notice thereof are erected upon the highway or portion of any highway affected by such resolution.

(d-1) (Blank).

(d-2) (Blank).

(e) When any vehicle is operated in violation of this Section, the owner or driver of the vehicle shall be deemed guilty of a violation and either the owner or the driver of the vehicle may be prosecuted for the violation. Any person, firm, or corporation convicted of violating this Section shall be fined $50 for any weight exceeding the posted limit up to the axle or gross weight limit allowed a vehicle as provided for in subsections (a) or (b) of Section 15-111 and $75 per every 500 pounds or fraction thereof for any weight exceeding that which is provided for in subsections (a) or (b) of Section 15-111.

(f) A municipality is authorized to enforce a county weight limit ordinance applying to county highways within its corporate limits and is entitled to the proceeds of any fines collected from the enforcement.

(g) An ordinance or resolution enacted by a county or township pursuant to subsection (a) of this Section shall not apply to cargo tank vehicles with two or three permanent axles when delivering propane for emergency heating purposes if the cargo tank is loaded at no more than 50 percent capacity, the gross vehicle weight of the vehicle does not exceed 32,000 pounds, and the driver of the cargo tank vehicle notifies the appropriate agency or agencies with jurisdiction over the highway before driving the vehicle on the highway pursuant to this subsection. The cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank. The cargo tank must have the capacity displayed on the cargo tank, or documentation of the capacity of the cargo tank must be available in the vehicle. For the purposes of this subsection, propane weighs 4.2 pounds per gallon. This subsection does not apply to municipalities. Nothing in this subsection shall allow cargo tank vehicles to cross bridges with posted weight restrictions if the vehicle exceeds the posted weight limit.

(Source: P.A. 96-1337, eff. 1-1-11.)".