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09300SB2327ham001 |
- 2 - |
LRB093 20380 DRH 49780 a |
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|
1 |
| disassembled. For the purpose of
over length movements,
more |
2 |
| than one object may be carried side by side as long as the |
3 |
| height, width,
and weight laws are not exceeded and the cause |
4 |
| for the over length is not due
to multiple objects. For the |
5 |
| purpose of over height movements, more than one
object may be |
6 |
| carried as long as the cause for the over height is not due to
|
7 |
| multiple objects and the length, width, and weight laws are not |
8 |
| exceeded. For
the purpose of an over width movement, more than |
9 |
| one object may be carried as
long as the cause for the over |
10 |
| width is not due to multiple objects and length,
height, and |
11 |
| weight laws are not exceeded. No state or local agency shall
|
12 |
| authorize the issuance of excess size or weight permits for |
13 |
| vehicles and loads
that are divisible and that can be carried, |
14 |
| when divided, within the existing
size or weight maximums |
15 |
| specified in this Chapter. Any excess size or weight
permit |
16 |
| issued in violation of the provisions of this Section shall be |
17 |
| void at
issue and any movement made thereunder shall not be |
18 |
| authorized under the terms
of the void permit. In any |
19 |
| prosecution for a violation of this Chapter when
the |
20 |
| authorization of an excess size or weight permit is at issue, |
21 |
| it is the
burden of the defendant to establish that the permit |
22 |
| was valid because the load
to be moved could not reasonably be |
23 |
| dismantled or disassembled, or was
otherwise nondivisible.
|
24 |
| (b) The application for any such permit shall: (1) state |
25 |
| whether
such permit is requested for a single trip or for |
26 |
| limited continuous
operation; (2) state if the applicant is an |
27 |
| authorized carrier under the
Illinois Motor Carrier of Property |
28 |
| Law, if so, his certificate,
registration or permit number |
29 |
| issued by the Illinois Commerce
Commission; (3) specifically |
30 |
| describe and identify the vehicle or
vehicles and load to be |
31 |
| operated or moved except that for vehicles or
vehicle |
32 |
| combinations registered by the Department as provided in |
33 |
| Section
15-319 of this Chapter, only the Illinois Department of |
34 |
| Transportation's
(IDT) registration number or classification |
|
|
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09300SB2327ham001 |
- 3 - |
LRB093 20380 DRH 49780 a |
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|
1 |
| need be given; (4) state the
routing requested including the |
2 |
| points of origin and destination, and may
identify and include |
3 |
| a request for routing to the nearest certified scale
in |
4 |
| accordance with the Department's rules and regulations, |
5 |
| provided the
applicant has approval to travel on local roads; |
6 |
| and (5) state if the
vehicles or loads are being transported |
7 |
| for hire. No permits for the
movement of a vehicle or load for |
8 |
| hire shall be issued to any applicant who
is required under the |
9 |
| Illinois Motor Carrier of Property Law to have a
certificate, |
10 |
| registration or permit and does not have such certificate,
|
11 |
| registration or permit.
|
12 |
| (c) The Department or local authority when not inconsistent |
13 |
| with
traffic safety is authorized to issue or withhold such |
14 |
| permit at its
discretion; or, if such permit is issued at its |
15 |
| discretion to prescribe
the route or routes to be traveled, to |
16 |
| limit the number of trips, to
establish seasonal or other time |
17 |
| limitations within which the vehicles
described may be operated |
18 |
| on the highways indicated, or otherwise to
limit or prescribe |
19 |
| conditions of operations of such vehicle or vehicles,
when |
20 |
| necessary to assure against undue damage to the road |
21 |
| foundations,
surfaces or structures, and may require such |
22 |
| undertaking or other
security as may be deemed necessary to |
23 |
| compensate for any injury to any
roadway or road structure. The |
24 |
| Department shall maintain a daily record of
each permit issued |
25 |
| along with the fee and the stipulated dimensions,
weights, |
26 |
| conditions and restrictions authorized and this record shall be
|
27 |
| presumed correct in any case of questions or dispute. The |
28 |
| Department shall
install an automatic device for recording |
29 |
| applications received and permits
issued by telephone. In |
30 |
| making application by telephone, the Department and
applicant |
31 |
| waive all objections to the recording of the conversation.
|
32 |
| (d) The Department shall, upon application in writing from |
33 |
| any local
authority, issue an annual permit authorizing the |
34 |
| local authority to
move oversize highway construction, |
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09300SB2327ham001 |
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LRB093 20380 DRH 49780 a |
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|
1 |
| transportation, utility and maintenance
equipment over roads |
2 |
| under the jurisdiction of the Department. The permit
shall be |
3 |
| applicable only to equipment and vehicles owned by or |
4 |
| registered
in the name of the local authority, and no fee shall |
5 |
| be charged for the
issuance of such permits.
|
6 |
| (e) As an exception to paragraph (a) of this Section, the |
7 |
| Department
and local authorities, with respect to highways |
8 |
| under their respective
jurisdictions, in their discretion and |
9 |
| upon application in writing may
issue a special permit for |
10 |
| limited continuous operation, authorizing the
applicant to |
11 |
| move loads of agricultural commodities
sweet corn, soybeans, |
12 |
| corn, wheat, milo, other
small grains and ensilage during the |
13 |
| harvest season only on a 2 axle single
vehicle registered by |
14 |
| the Secretary of State with axle loads not to exceed
35% , on a |
15 |
| 3 or 4 axle
vehicle registered by the Secretary of State with |
16 |
| axle loads
not to exceed 20%, and on a 5 axle vehicle |
17 |
| registered by the
Secretary of State not to exceed 10% above |
18 |
| those provided in Section 15-111. The total gross weight of the |
19 |
| vehicle, however,
may not exceed the maximum gross weight of |
20 |
| the registration class of the vehicle allowed under Section |
21 |
| 3-815 or 3-818 of this Code. |
22 |
| As used in this Section, "agricultural commodities"
means: |
23 |
| (1) cultivated plants or agricultural produce grown
|
24 |
| including, but is not limited to, corn, soybeans, wheat, |
25 |
| oats, grain sorghum, canola, and rice; |
26 |
| (2) livestock, including but not limited to hogs, |
27 |
| equine, sheep, and poultry; |
28 |
| (3) ensilage; and |
29 |
| (4) fruits and vegetables.
|
30 |
| Permits may be issued for a
period not to exceed 40 days |
31 |
| and moves may be made of a distance not to
exceed 50
25 miles |
32 |
| from a field , an on-farm grain storage facility, a warehouse as |
33 |
| defined in the Illinois Grain Code, or a livestock management |
34 |
| facility as defined in the Livestock Management Facilities Act
|
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09300SB2327ham001 |
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LRB093 20380 DRH 49780 a |
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| to a specified processing plant over any
highway except the |
2 |
| National System of Interstate and Defense Highways. The |
3 |
| operator of the vehicle,
however, must abide by posted bridge |
4 |
| and posted highway weight limits. All implements of husbandry |
5 |
| operating under this Section between sunset and sunrise shall |
6 |
| be equipped as prescribed in Section 12-205.1.
All
such |
7 |
| vehicles shall be operated in the daytime except when weather |
8 |
| or crop
conditions require emergency operation at night, but |
9 |
| with respect to such
night operation, every such vehicle with |
10 |
| load shall be equipped with
flashing amber lights as specified |
11 |
| under Section 12-215.
|
12 |
| (e-1) Upon a declaration by the Governor that an emergency |
13 |
| harvest situation
exists, a special permit issued by the |
14 |
| Department under this Section shall not
be required from |
15 |
| September 1 through December 31 during harvest season
|
16 |
| emergencies, provided that the weight does not exceed 20% above |
17 |
| the limits
provided in Section 15-111. All other restrictions |
18 |
| that apply to permits
issued under this Section shall apply |
19 |
| during the declared time period. With
respect to highways under |
20 |
| the jurisdiction of local authorities, the local
authorities |
21 |
| may, at their discretion, waive special permit requirements |
22 |
| during
harvest season emergencies. This permit exemption shall |
23 |
| apply to all vehicles
eligible to obtain permits under this |
24 |
| Section, including commercial vehicles in
use during the |
25 |
| declared time period.
|
26 |
| (f) The form and content of the permit shall be determined |
27 |
| by the
Department with respect to highways under its |
28 |
| jurisdiction and by local
authorities with respect to highways |
29 |
| under their jurisdiction. Every permit
shall be in written form |
30 |
| and carried in the vehicle or combination of
vehicles to which |
31 |
| it refers and shall be open to inspection by any
police officer |
32 |
| or authorized agent of any authority granting the permit
and no |
33 |
| person shall violate any of the terms or conditions of such
|
34 |
| special permit. Violation of the terms and conditions of the |
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09300SB2327ham001 |
- 6 - |
LRB093 20380 DRH 49780 a |
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1 |
| permit
shall not be deemed a revocation of the permit; however, |
2 |
| any vehicle and load
found to be off the route prescribed in |
3 |
| the permit shall be held to be
operating without a permit. Any |
4 |
| off route vehicle and load shall be required
to obtain a new |
5 |
| permit or permits, as necessary, to authorize the movement back
|
6 |
| onto the original permit routing. No rule or regulation, nor |
7 |
| anything herein
shall be construed to authorize any police |
8 |
| officer, court, or authorized agent
of any authority granting |
9 |
| the permit to remove the permit from the possession
of the |
10 |
| permittee unless the permittee is charged with a fraudulent |
11 |
| permit
violation as provided in paragraph (i). However, upon |
12 |
| arrest for an offense of
violation of permit, operating without |
13 |
| a permit when the vehicle is off route,
or any size or weight |
14 |
| offense under this Chapter when the permittee plans to
raise |
15 |
| the issuance of the permit as a defense, the permittee, or his |
16 |
| agent,
must produce the permit at any court hearing concerning |
17 |
| the alleged offense.
|
18 |
| If the permit designates and includes a routing to a |
19 |
| certified scale, the
permitee, while enroute to the designated |
20 |
| scale, shall be deemed in compliance
with the weight provisions |
21 |
| of the permit provided the axle or gross weights
do not exceed |
22 |
| any of the permitted limits by more than the following amounts:
|
23 |
| Single axle 2000 pounds
|
24 |
| Tandem axle 3000 pounds
|
25 |
| Gross 5000 pounds
|
26 |
| (g) The Department is authorized to adopt, amend, and to |
27 |
| make
available to interested persons a policy concerning |
28 |
| reasonable rules,
limitations and conditions or provisions of |
29 |
| operation upon highways
under its jurisdiction in addition to |
30 |
| those contained in this Section
for the movement by special |
31 |
| permit of vehicles, combinations, or loads
which cannot |
32 |
| reasonably be dismantled or disassembled, including
|
33 |
| manufactured and modular home sections and portions thereof. |
34 |
| All rules,
limitations and conditions or provisions adopted in |
|
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09300SB2327ham001 |
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LRB093 20380 DRH 49780 a |
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| the policy shall
have due regard for the safety of the |
2 |
| traveling public and the protection
of the highway system and |
3 |
| shall have been promulgated in conformity with
the provisions |
4 |
| of the Illinois Administrative Procedure Act. The
requirements |
5 |
| of the policy for flagmen and escort vehicles shall be the
same |
6 |
| for all moves of comparable size and weight. When escort |
7 |
| vehicles are
required, they shall meet the following |
8 |
| requirements:
|
9 |
| (1) All operators shall be 18 years of age or over and |
10 |
| properly
licensed to operate the vehicle.
|
11 |
| (2) Vehicles escorting oversized loads more than |
12 |
| 12-feet wide must
be equipped with a rotating or flashing |
13 |
| amber light mounted on top as specified
under Section |
14 |
| 12-215.
|
15 |
| The Department shall establish reasonable rules and |
16 |
| regulations
regarding liability insurance or self insurance |
17 |
| for vehicles with
oversized loads promulgated under The |
18 |
| Illinois Administrative Procedure
Act. Police vehicles may be |
19 |
| required for escort under circumstances as
required by rules |
20 |
| and regulations of the Department.
|
21 |
| (h) Violation of any rule, limitation or condition or |
22 |
| provision of
any permit issued in accordance with the |
23 |
| provisions of this Section
shall not render the entire permit |
24 |
| null and void but the violator shall
be deemed guilty of |
25 |
| violation of permit and guilty of exceeding any size,
weight or |
26 |
| load limitations in excess of those authorized by the permit.
|
27 |
| The prescribed route or routes on the permit are not mere |
28 |
| rules, limitations,
conditions, or provisions of the permit, |
29 |
| but are also the sole extent of the
authorization granted by |
30 |
| the permit. If a vehicle and load are found to be
off the route |
31 |
| or routes prescribed by any permit authorizing movement,
the |
32 |
| vehicle and load are operating without a permit. Any off route |
33 |
| movement
shall be subject to the size and weight maximums, |
34 |
| under the applicable
provisions of this Chapter, as determined |
|
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09300SB2327ham001 |
- 8 - |
LRB093 20380 DRH 49780 a |
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1 |
| by the type or class highway upon
which the vehicle and load |
2 |
| are being operated.
|
3 |
| (i) Whenever any vehicle is operated or movement made under |
4 |
| a
fraudulent permit the permit shall be void, and the person, |
5 |
| firm, or
corporation to whom such permit was granted, the |
6 |
| driver of such vehicle
in addition to the person who issued |
7 |
| such permit and any accessory,
shall be guilty of fraud and |
8 |
| either one or all persons may be prosecuted
for such violation. |
9 |
| Any person, firm, or corporation committing such
violation |
10 |
| shall be guilty of a Class 4 felony and the Department shall
|
11 |
| not issue permits to the person, firm or corporation convicted |
12 |
| of such
violation for a period of one year after the date of |
13 |
| conviction.
Penalties for violations of this Section shall be |
14 |
| in addition to any
penalties imposed for violation of other |
15 |
| Sections of this Act.
|
16 |
| (j) Whenever any vehicle is operated or movement made in |
17 |
| violation
of a permit issued in accordance with this Section, |
18 |
| the person to whom
such permit was granted, or the driver of |
19 |
| such vehicle, is guilty of
such violation and either, but not |
20 |
| both, persons may be prosecuted for
such violation as stated in |
21 |
| this subsection (j). Any person, firm or
corporation convicted |
22 |
| of such violation shall be guilty of a petty
offense and shall |
23 |
| be fined for the first offense, not less than $50 nor
more than |
24 |
| $200 and, for the second offense by the same person, firm or
|
25 |
| corporation within a period of one year, not less than $200 nor |
26 |
| more
than $300 and, for the third offense by the same person, |
27 |
| firm or
corporation within a period of one year after the date |
28 |
| of the first
offense, not less than $300 nor more than $500 and |
29 |
| the Department shall
not issue permits to the person, firm or |
30 |
| corporation convicted of a
third offense during a period of one |
31 |
| year after the date of conviction
for such third offense.
|
32 |
| (k) Whenever any vehicle is operated on local roads under |
33 |
| permits
for excess width or length issued by local authorities, |
34 |
| such vehicle may
be moved upon a State highway for a distance |
|
|
|
09300SB2327ham001 |
- 9 - |
LRB093 20380 DRH 49780 a |
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|
1 |
| not to exceed one-half mile
without a permit for the purpose of |
2 |
| crossing the State highway.
|
3 |
| (l) Notwithstanding any other provision of this Section, |
4 |
| the Department,
with respect to highways under its |
5 |
| jurisdiction, and local authorities, with
respect to highways |
6 |
| under their jurisdiction, may at their discretion authorize
the |
7 |
| movement of a vehicle in violation of any size or weight |
8 |
| requirement, or
both, that would not ordinarily be eligible for |
9 |
| a permit, when there is a
showing of extreme necessity that the |
10 |
| vehicle and load should be moved without
unnecessary delay.
|
11 |
| For the purpose of this subsection, showing of extreme |
12 |
| necessity shall be
limited to the following: shipments of |
13 |
| livestock, hazardous materials, liquid
concrete being hauled |
14 |
| in a mobile cement mixer, or hot asphalt.
|
15 |
| (m) Penalties for violations of this Section shall be in |
16 |
| addition to any
penalties imposed for violating any other |
17 |
| Section of this Code.
|
18 |
| (n) The Department with respect to highways under its |
19 |
| jurisdiction and
local
authorities with respect to highways |
20 |
| under their jurisdiction, in their
discretion and upon
|
21 |
| application in writing, may issue a special permit for |
22 |
| continuous limited
operation,
authorizing the applicant to |
23 |
| operate a tow-truck that exceeds the weight limits
provided
for |
24 |
| in subsection (d) of Section 15-111, provided:
|
25 |
| (1) no rear single axle of the tow-truck exceeds 26,000 |
26 |
| pounds;
|
27 |
| (2) no rear tandem axle of the tow-truck exceeds 50,000 |
28 |
| pounds;
|
29 |
| (3) neither the disabled vehicle nor the disabled |
30 |
| combination of vehicles
exceed the
weight restrictions |
31 |
| imposed by this Chapter 15, or the weight limits imposed
|
32 |
| under a
permit issued by the Department prior to hookup;
|
33 |
| (4) the tow-truck prior to hookup does not exceed the |
34 |
| weight restrictions
imposed
by this Chapter 15;
|
|
|
|
09300SB2327ham001 |
- 10 - |
LRB093 20380 DRH 49780 a |
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|
1 |
| (5) during the tow operation the tow-truck does not |
2 |
| violate any weight
restriction
sign;
|
3 |
| (6) the tow-truck is equipped with flashing, rotating, |
4 |
| or oscillating
amber
lights,
visible for at least 500 feet |
5 |
| in all directions;
|
6 |
| (7) the tow-truck is specifically designed and |
7 |
| licensed as a tow-truck;
|
8 |
| (8) the tow-truck has a gross vehicle weight rating of |
9 |
| sufficient
capacity to safely
handle the load;
|
10 |
| (9) the tow-truck is equipped with air brakes;
|
11 |
| (10) the tow-truck is capable of utilizing the lighting |
12 |
| and braking
systems of the
disabled vehicle or combination |
13 |
| of vehicles;
|
14 |
| (11) the tow distance of the tow does not exceed 50 |
15 |
| miles from the point
of
disablement to a place of repair or |
16 |
| safekeeping;
|
17 |
| (12) the permit issued to the tow-truck is carried in |
18 |
| the tow-truck
and
exhibited on demand by a police officer; |
19 |
| and
|
20 |
| (13) the movement shall be valid only on state routes |
21 |
| approved by the
Department.
|
22 |
| (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97; 90-655, |
23 |
| eff. 7-30-98;
90-676, eff. 7-31-98; 91-569, eff. 1-1-00.)
|
24 |
| (625 ILCS 5/15-308) (from Ch. 95 1/2, par. 15-308)
|
25 |
| Sec. 15-308. Fees for overweight trucks hauling |
26 |
| agricultural commodities
Overweight Trucks Hauling Sweet Corn .
|
27 |
| Fees for special permits for increased
two axle loads
truck |
28 |
| with gross axle load not to
exceed 35 percent in excess of the |
29 |
| legal axle load to be used for hauling
agricultural |
30 |
| commodities, as defined in subsection (e) of Section 15-301
|
31 |
| sweet corn and ensilage, for a period of 40 days only during |
32 |
| harvest
season ; limited continuous operation permit only, $5 |
33 |
| per axle
$10 .
|