|
| | 10000HB5749sam001 | - 2 - | LRB100 18124 LNS 40884 a |
|
|
1 | | for the maintenance of which the party is
responsible. |
2 | | Applications and permits other than those in written or
printed |
3 | | form may only be accepted from and issued to the company or
|
4 | | individual making the movement. Except for an application to |
5 | | move directly
across a highway, it shall be the duty of the |
6 | | applicant to establish in the
application that the load to be |
7 | | moved by such vehicle or combination cannot reasonably be
|
8 | | dismantled or
disassembled, the reasonableness of which shall |
9 | | be determined by the Secretary of the Department. For the |
10 | | purpose of
over length movements,
more than one object may be |
11 | | carried side by side as long as the height, width,
and weight |
12 | | laws are not exceeded and the cause for the over length is not |
13 | | due
to multiple objects. For the purpose of over height |
14 | | movements, more than one
object may be carried as long as the |
15 | | cause for the over height is not due to
multiple objects and |
16 | | the length, width, and weight laws are not exceeded. For
the |
17 | | purpose of an over width movement, more than one object may be |
18 | | carried as
long as the cause for the over width is not due to |
19 | | multiple objects and length,
height, and weight laws are not |
20 | | exceeded. Except for transporting fluid milk products, no State |
21 | | or local agency shall
authorize the issuance of excess size or |
22 | | weight permits for vehicles and loads
that are divisible and |
23 | | that can be carried, when divided, within the existing
size or |
24 | | weight maximums specified in this Chapter. Any excess size or |
25 | | weight
permit issued in violation of the provisions of this |
26 | | Section shall be void at
issue and any movement made thereunder |
|
| | 10000HB5749sam001 | - 3 - | LRB100 18124 LNS 40884 a |
|
|
1 | | shall not be authorized under the terms
of the void permit. In |
2 | | any prosecution for a violation of this Chapter when
the |
3 | | authorization of an excess size or weight permit is at issue, |
4 | | it is the
burden of the defendant to establish that the permit |
5 | | was valid because the load
to be moved could not reasonably be |
6 | | dismantled or disassembled, or was
otherwise nondivisible.
|
7 | | (b) The application for any such permit shall: (1) state |
8 | | whether
such permit is requested for a single trip or for |
9 | | limited continuous
operation; (2) state if the applicant is an |
10 | | authorized carrier under the
Illinois Motor Carrier of Property |
11 | | Law, if so, his certificate,
registration or permit number |
12 | | issued by the Illinois Commerce
Commission; (3) specifically |
13 | | describe and identify the vehicle or
vehicles and load to be |
14 | | operated or moved except that for vehicles or
vehicle |
15 | | combinations registered by the Department as provided in |
16 | | Section
15-319 of this Chapter, only the Illinois Department of |
17 | | Transportation's
(IDT) registration number or classification |
18 | | need be given; (4) state the
routing requested including the |
19 | | points of origin and destination, and may
identify and include |
20 | | a request for routing to the nearest certified scale
in |
21 | | accordance with the Department's rules and regulations, |
22 | | provided the
applicant has approval to travel on local roads; |
23 | | and (5) state if the
vehicles or loads are being transported |
24 | | for hire. No permits for the
movement of a vehicle or load for |
25 | | hire shall be issued to any applicant who
is required under the |
26 | | Illinois Motor Carrier of Property Law to have a
certificate, |
|
| | 10000HB5749sam001 | - 4 - | LRB100 18124 LNS 40884 a |
|
|
1 | | registration or permit and does not have such certificate,
|
2 | | registration or permit.
|
3 | | (c) The Department or local authority when not inconsistent |
4 | | with
traffic safety is authorized to issue or withhold such |
5 | | permit at its
discretion; or, if such permit is issued at its |
6 | | discretion to prescribe
the route or routes to be traveled, to |
7 | | limit the number of trips, to
establish seasonal or other time |
8 | | limitations within which the vehicles
described may be operated |
9 | | on the highways indicated, or otherwise to
limit or prescribe |
10 | | conditions of operations of such vehicle or vehicles,
when |
11 | | necessary to assure against undue damage to the road |
12 | | foundations,
surfaces or structures, and may require such |
13 | | undertaking or other
security as may be deemed necessary to |
14 | | compensate for any injury to any
roadway or road structure. The |
15 | | Department shall maintain a daily record of
each permit issued |
16 | | along with the fee and the stipulated dimensions,
weights, |
17 | | conditions and restrictions authorized and this record shall be
|
18 | | presumed correct in any case of questions or dispute. The |
19 | | Department shall
install an automatic device for recording |
20 | | applications received and permits
issued by telephone. In |
21 | | making application by telephone, the Department and
applicant |
22 | | waive all objections to the recording of the conversation.
|
23 | | (d) The Department shall, upon application in writing from |
24 | | any local
authority, issue an annual permit authorizing the |
25 | | local authority to
move oversize highway construction, |
26 | | transportation, utility and maintenance
equipment over roads |
|
| | 10000HB5749sam001 | - 5 - | LRB100 18124 LNS 40884 a |
|
|
1 | | under the jurisdiction of the Department. The permit
shall be |
2 | | applicable only to equipment and vehicles owned by or |
3 | | registered
in the name of the local authority, and no fee shall |
4 | | be charged for the
issuance of such permits.
|
5 | | (e) As an exception to subsection paragraph (a) of this |
6 | | Section, the Department
and local authorities, with respect to |
7 | | highways under their respective
jurisdictions, in their |
8 | | discretion and upon application in writing may
issue a special |
9 | | permit for limited continuous operation, authorizing the
|
10 | | applicant to move loads of agricultural commodities on a 2-axle |
11 | | 2 axle single
vehicle registered by the Secretary of State with |
12 | | axle loads not to exceed
35%, on a 3-axle or 4-axle 3 or 4 axle
|
13 | | vehicle registered by the Secretary of State with axle loads
|
14 | | not to exceed 20%, and on a 5-axle 5 axle vehicle registered by |
15 | | the
Secretary of State not to exceed 10% above those provided |
16 | | in Section 15-111. The total gross weight of the vehicle, |
17 | | however,
may not exceed the maximum gross weight of the |
18 | | registration class of the vehicle allowed under Section 3-815 |
19 | | or 3-818 of this Code. |
20 | | As used in this Section, "agricultural commodities"
means: |
21 | | (1) cultivated plants or agricultural produce grown
|
22 | | including, but is not limited to, corn, soybeans, wheat, |
23 | | oats, grain sorghum, canola, and rice; |
24 | | (2) livestock, including , but not limited to , hogs, |
25 | | equine, sheep, and poultry; |
26 | | (3) ensilage; and |
|
| | 10000HB5749sam001 | - 6 - | LRB100 18124 LNS 40884 a |
|
|
1 | | (4) fruits and vegetables.
|
2 | | Permits may be issued for a
period not to exceed 40 days |
3 | | and moves may be made of a distance not to
exceed 50 miles from |
4 | | a field, an on-farm grain storage facility, a warehouse as |
5 | | defined in the Illinois Grain Code, or a livestock management |
6 | | facility as defined in the Livestock Management Facilities Act |
7 | | over any
highway except the National System of Interstate and |
8 | | Defense Highways. The operator of the vehicle,
however, must |
9 | | abide by posted bridge and posted highway weight limits. All |
10 | | implements of husbandry operating under this Section between |
11 | | sunset and sunrise shall be equipped as prescribed in Section |
12 | | 12-205.1.
|
13 | | (e-1) Upon a declaration by the Governor that an emergency |
14 | | harvest situation
exists, a special permit issued by the |
15 | | Department under this Section shall
be required from September |
16 | | 1 through December 31 during harvest season
emergencies for a |
17 | | vehicle that exceeds the maximum axle weight and gross weight |
18 | | limits under Section 15-111 of this Code or exceeds the |
19 | | vehicle's registered gross weight, provided that the vehicle's |
20 | | axle weight and gross weight do not exceed 10% above the |
21 | | maximum limits under Section 15-111 of this Code and does not |
22 | | exceed the vehicle's registered gross weight by 10%. All other |
23 | | restrictions that apply to permits issued under this Section |
24 | | shall apply during the declared time period and no fee shall be |
25 | | charged for the issuance of those permits. Permits issued by |
26 | | the Department under this subsection (e-1) are only valid on |
|
| | 10000HB5749sam001 | - 7 - | LRB100 18124 LNS 40884 a |
|
|
1 | | federal and State highways under the jurisdiction of the |
2 | | Department, except interstate highways. With
respect to |
3 | | highways under the jurisdiction of local authorities, the local
|
4 | | authorities may, at their discretion, waive special permit |
5 | | requirements during
harvest season emergencies, and set a |
6 | | divisible load weight limit not to exceed 10% above a vehicle's |
7 | | registered gross weight, provided that the vehicle's axle |
8 | | weight and gross weight do not exceed 10% above the maximum |
9 | | limits specified in Section 15-111. Permits issued under this |
10 | | subsection (e-1) shall apply to all registered vehicles
|
11 | | eligible to obtain permits under this Section, including |
12 | | vehicles used in private or for-hire movement of divisible load |
13 | | agricultural commodities during the declared time period.
|
14 | | (e-5) As an exception to subsection (a) of this Section, |
15 | | the Department and local authorities, with respect to highways |
16 | | under their respective jurisdictions, in their discretion and |
17 | | upon application in writing may issue a special permit |
18 | | authorizing the applicant to move loads of agricultural |
19 | | commodities if: (i) the weight of the vehicle does not exceed |
20 | | 10% above those limits provided in Section 15-111 of this Code; |
21 | | (ii) the gross weight of the vehicle does not exceed the |
22 | | registered weight of the vehicle by 10%; and (iii) bridge |
23 | | postings are obeyed. All other restrictions that apply to |
24 | | permits issued under this Section shall apply. |
25 | | Permits under this subsection (e-5) are valid only on |
26 | | federal and State highways under the jurisdiction of the |
|
| | 10000HB5749sam001 | - 8 - | LRB100 18124 LNS 40884 a |
|
|
1 | | Department other than interstate highways. With respect to |
2 | | highways under the jurisdiction of a local authority, the local |
3 | | authority shall waive special permit requirements for highways |
4 | | under its jurisdiction for any vehicles issued a special permit |
5 | | by the Department under this Section. |
6 | | The fee for a permit under this subsection (e-5) shall be |
7 | | $1,200, to be distributed in the following manner: |
8 | | (1) 30% to the Department to be deposited into the Road |
9 | | Fund. |
10 | | (2) 40% shall be distributed in the following manner: |
11 | | (A) 40% to the counties of the State to be |
12 | | deposited into the county highway fund; and |
13 | | (B) 60% to the road districts of the State. |
14 | | (3) 30% to the Illinois State Police to be deposited |
15 | | into the State Police Operations Assistance Fund. |
16 | | (f) The form and content of the permit shall be determined |
17 | | by the
Department with respect to highways under its |
18 | | jurisdiction and by local
authorities with respect to highways |
19 | | under their jurisdiction. Every permit
shall be in written form |
20 | | and carried in the vehicle or combination of
vehicles to which |
21 | | it refers and shall be open to inspection by any
police officer |
22 | | or authorized agent of any authority granting the permit
and no |
23 | | person shall violate any of the terms or conditions of such
|
24 | | special permit. Violation of the terms and conditions of the |
25 | | permit
shall not be deemed a revocation of the permit; however, |
26 | | any vehicle and load
found to be off the route prescribed in |
|
| | 10000HB5749sam001 | - 9 - | LRB100 18124 LNS 40884 a |
|
|
1 | | the permit shall be held to be
operating without a permit. Any |
2 | | off route vehicle and load shall be required
to obtain a new |
3 | | permit or permits, as necessary, to authorize the movement back
|
4 | | onto the original permit routing. No rule or regulation, nor |
5 | | anything herein
shall be construed to authorize any police |
6 | | officer, court, or authorized agent
of any authority granting |
7 | | the permit to remove the permit from the possession
of the |
8 | | permittee unless the permittee is charged with a fraudulent |
9 | | permit
violation as provided in subsection paragraph (i). |
10 | | However, upon arrest for an offense of
violation of permit, |
11 | | operating without a permit when the vehicle is off route,
or |
12 | | any size or weight offense under this Chapter when the |
13 | | permittee plans to
raise the issuance of the permit as a |
14 | | defense, the permittee, or his agent,
must produce the permit |
15 | | at any court hearing concerning the alleged offense.
|
16 | | If the permit designates and includes a routing to a |
17 | | certified scale, the permittee, while enroute to the designated |
18 | | scale, shall be deemed in compliance
with the weight provisions |
19 | | of the permit provided the axle or gross weights
do not exceed |
20 | | any of the permitted limits by more than the following amounts:
|
21 | | Single axle 2000 pounds
|
22 | | Tandem axle 3000 pounds
|
23 | | Gross 5000 pounds
|
24 | | (g) The Department is authorized to adopt, amend, and to |
25 | | make
available to interested persons a policy concerning |
26 | | reasonable rules,
limitations and conditions or provisions of |
|
| | 10000HB5749sam001 | - 10 - | LRB100 18124 LNS 40884 a |
|
|
1 | | operation upon highways
under its jurisdiction in addition to |
2 | | those contained in this Section
for the movement by special |
3 | | permit of vehicles, combinations, or loads
which cannot |
4 | | reasonably be dismantled or disassembled, including
|
5 | | manufactured and modular home sections and portions thereof. |
6 | | All rules,
limitations and conditions or provisions adopted in |
7 | | the policy shall
have due regard for the safety of the |
8 | | traveling public and the protection
of the highway system and |
9 | | shall have been promulgated in conformity with
the provisions |
10 | | of the Illinois Administrative Procedure Act. The
requirements |
11 | | of the policy for flagmen and escort vehicles shall be the
same |
12 | | for all moves of comparable size and weight. When escort |
13 | | vehicles are
required, they shall meet the following |
14 | | requirements:
|
15 | | (1) All operators shall be 18 years of age or over and |
16 | | properly
licensed to operate the vehicle.
|
17 | | (2) Vehicles escorting oversized loads more than |
18 | | 12-feet wide must
be equipped with a rotating or flashing |
19 | | amber light mounted on top as specified
under Section |
20 | | 12-215.
|
21 | | The Department shall establish reasonable rules and |
22 | | regulations
regarding liability insurance or self insurance |
23 | | for vehicles with
oversized loads promulgated under the |
24 | | Illinois Administrative Procedure
Act. Police vehicles may be |
25 | | required for escort under circumstances as
required by rules |
26 | | and regulations of the Department.
|
|
| | 10000HB5749sam001 | - 11 - | LRB100 18124 LNS 40884 a |
|
|
1 | | (h) Violation of any rule, limitation or condition or |
2 | | provision of
any permit issued in accordance with the |
3 | | provisions of this Section
shall not render the entire permit |
4 | | null and void but the violator shall
be deemed guilty of |
5 | | violation of permit and guilty of exceeding any size,
weight or |
6 | | load limitations in excess of those authorized by the permit.
|
7 | | The prescribed route or routes on the permit are not mere |
8 | | rules, limitations,
conditions, or provisions of the permit, |
9 | | but are also the sole extent of the
authorization granted by |
10 | | the permit. If a vehicle and load are found to be
off the route |
11 | | or routes prescribed by any permit authorizing movement,
the |
12 | | vehicle and load are operating without a permit. Any off-route |
13 | | off route movement
shall be subject to the size and weight |
14 | | maximums, under the applicable
provisions of this Chapter, as |
15 | | determined by the type or class highway upon
which the vehicle |
16 | | and load are being operated.
|
17 | | (i) Whenever any vehicle is operated or movement made under |
18 | | a
fraudulent permit the permit shall be void, and the person, |
19 | | firm, or
corporation to whom such permit was granted, the |
20 | | driver of such vehicle
in addition to the person who issued |
21 | | such permit and any accessory,
shall be guilty of fraud and |
22 | | either one or all persons may be prosecuted
for such violation. |
23 | | Any person, firm, or corporation committing such
violation |
24 | | shall be guilty of a Class 4 felony and the Department shall
|
25 | | not issue permits to the person, firm or corporation convicted |
26 | | of such
violation for a period of one year after the date of |
|
| | 10000HB5749sam001 | - 12 - | LRB100 18124 LNS 40884 a |
|
|
1 | | conviction.
Penalties for violations of this Section shall be |
2 | | in addition to any
penalties imposed for violation of other |
3 | | Sections of this Code Act .
|
4 | | (j) Whenever any vehicle is operated or movement made in |
5 | | violation
of a permit issued in accordance with this Section, |
6 | | the person to whom
such permit was granted, or the driver of |
7 | | such vehicle, is guilty of
such violation and either, but not |
8 | | both, persons may be prosecuted for
such violation as stated in |
9 | | this subsection (j). Any person, firm or
corporation convicted |
10 | | of such violation shall be guilty of a petty
offense and shall |
11 | | be fined for the first offense, not less than $50 nor
more than |
12 | | $200 and, for the second offense by the same person, firm or
|
13 | | corporation within a period of one year, not less than $200 nor |
14 | | more
than $300 and, for the third offense by the same person, |
15 | | firm or
corporation within a period of one year after the date |
16 | | of the first
offense, not less than $300 nor more than $500 and |
17 | | the Department shall
not issue permits to the person, firm or |
18 | | corporation convicted of a
third offense during a period of one |
19 | | year after the date of conviction
for such third offense.
|
20 | | (k) Whenever any vehicle is operated on local roads under |
21 | | permits
for excess width or length issued by local authorities, |
22 | | such vehicle may
be moved upon a State highway for a distance |
23 | | not to exceed one-half mile
without a permit for the purpose of |
24 | | crossing the State highway.
|
25 | | (l) Notwithstanding any other provision of this Section, |
26 | | the Department,
with respect to highways under its |
|
| | 10000HB5749sam001 | - 13 - | LRB100 18124 LNS 40884 a |
|
|
1 | | jurisdiction, and local authorities, with
respect to highways |
2 | | under their jurisdiction, may at their discretion authorize
the |
3 | | movement of a vehicle in violation of any size or weight |
4 | | requirement, or
both, that would not ordinarily be eligible for |
5 | | a permit, when there is a
showing of extreme necessity that the |
6 | | vehicle and load should be moved without
unnecessary delay.
|
7 | | For the purpose of this subsection, showing of extreme |
8 | | necessity shall be
limited to the following: shipments of |
9 | | livestock, hazardous materials, liquid
concrete being hauled |
10 | | in a mobile cement mixer, or hot asphalt.
|
11 | | (m) Penalties for violations of this Section shall be in |
12 | | addition to any
penalties imposed for violating any other |
13 | | Section of this Code.
|
14 | | (n) The Department with respect to highways under its |
15 | | jurisdiction and
local
authorities with respect to highways |
16 | | under their jurisdiction, in their
discretion and upon
|
17 | | application in writing, may issue a special permit for |
18 | | continuous limited
operation,
authorizing the applicant to |
19 | | operate a tow truck tow-truck that exceeds the weight limits
|
20 | | provided
for in subsection (a) of Section 15-111, provided:
|
21 | | (1) no rear single axle of the tow truck tow-truck |
22 | | exceeds 26,000 pounds;
|
23 | | (2) no rear tandem axle of the tow truck tow-truck |
24 | | exceeds 50,000 pounds;
|
25 | | (2.1) no triple rear axle on a manufactured recovery |
26 | | unit exceeds 60,000
pounds; |
|
| | 10000HB5749sam001 | - 14 - | LRB100 18124 LNS 40884 a |
|
|
1 | | (3) neither the disabled vehicle nor the disabled |
2 | | combination of vehicles
exceed the
weight restrictions |
3 | | imposed by this Chapter 15, or the weight limits imposed
|
4 | | under a
permit issued by the Department prior to hookup;
|
5 | | (4) the tow truck tow-truck prior to hookup does not |
6 | | exceed the weight restrictions
imposed
by this Chapter 15;
|
7 | | (5) during the tow operation the tow truck tow-truck |
8 | | does not violate any weight
restriction
sign;
|
9 | | (6) the tow truck tow-truck is equipped with flashing, |
10 | | rotating, or oscillating
amber
lights,
visible for at least |
11 | | 500 feet in all directions;
|
12 | | (7) the tow truck tow-truck is specifically designed |
13 | | and licensed as a tow truck tow-truck ;
|
14 | | (8) the tow truck tow-truck has a gross vehicle weight |
15 | | rating of sufficient
capacity to safely
handle the load;
|
16 | | (9) the tow truck tow-truck is equipped with air |
17 | | brakes;
|
18 | | (10) the tow truck tow-truck is capable of utilizing |
19 | | the lighting and braking
systems of the
disabled vehicle or |
20 | | combination of vehicles;
|
21 | | (11) the tow commences at the initial point of wreck or |
22 | | disablement and terminates at a point where the repairs are |
23 | | actually to occur;
|
24 | | (12) the permit issued to the tow truck tow-truck is |
25 | | carried in the tow truck tow-truck
and
exhibited on demand |
26 | | by a police officer; and
|
|
| | 10000HB5749sam001 | - 15 - | LRB100 18124 LNS 40884 a |
|
|
1 | | (13) the movement shall be valid only on State state |
2 | | routes approved by the
Department.
|
3 | | (o) (Blank).
|
4 | | (p) In determining whether a load may be reasonably |
5 | | dismantled or disassembled for the purpose of subsection |
6 | | paragraph (a), the Department shall consider whether there is a |
7 | | significant negative impact on the condition of the pavement |
8 | | and structures along the proposed route, whether the load or |
9 | | vehicle as proposed causes a safety hazard to the traveling |
10 | | public, whether dismantling or disassembling the load promotes |
11 | | or stifles economic development and whether the proposed route |
12 | | travels less than 5 miles. A load is not required to be |
13 | | dismantled or disassembled for the purposes of subsection |
14 | | paragraph (a) if the Secretary of the Department determines |
15 | | there will be no significant negative impact to pavement or |
16 | | structures along the proposed route, the proposed load or |
17 | | vehicle causes no safety hazard to the traveling public, |
18 | | dismantling or disassembling the load does not promote economic |
19 | | development and the proposed route travels less than 5 miles.
|
20 | | The Department may promulgate rules for the purpose of |
21 | | establishing the divisibility of a load pursuant to subsection |
22 | | paragraph (a). Any load determined by the Secretary to be |
23 | | nondivisible shall otherwise comply with the existing size or |
24 | | weight maximums specified in this Chapter. |
25 | | (Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17; |
26 | | revised 10-12-17.)
|
|
| | 10000HB5749sam001 | - 16 - | LRB100 18124 LNS 40884 a |
|
|
1 | | (625 ILCS 5/15-312) (from Ch. 95 1/2, par. 15-312)
|
2 | | Sec. 15-312. Fees for Police Escort. When State Police |
3 | | escorts are required by the Department of Transportation for |
4 | | the
safety of the motoring public, the following fees shall be |
5 | | paid by the
applicant: |
6 | | (1) to the Department of Transportation: $40 per hour |
7 | | per vehicle based upon the
pre-estimated time of the |
8 | | movement to be agreed upon
between the Department and the |
9 | | applicant, with a minimum fee of $80 per vehicle; and |
10 | | (2) to the Illinois State Police: $75 $60 per hour per |
11 | | State Police vehicle based upon the actual time of the |
12 | | movement, with a minimum fee of $300 per State Police |
13 | | vehicle. The Illinois State Police shall remit the moneys |
14 | | to the State Treasurer, who shall deposit the moneys into |
15 | | the Over Dimensional Load Police Escort Fund.
|
16 | | The actual time of the movement shall be the time the |
17 | | police escort is required to pick up the movement to the time |
18 | | the movement is completed. Any delays or breakdowns shall be |
19 | | considered part of the movement time. Any fraction of an hour |
20 | | shall be rounded up to the next whole hour. |
21 | | (Source: P.A. 95-787, eff. 1-1-09.)".
|