99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB1524

 

Introduced 2/6/2015, by Rep. Brian W. Stewart

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-316  from Ch. 95 1/2, par. 15-316

    Amends the Illinois Vehicle Code. Allows highway commissioners to prohibit operation of trucks or other commercial vehicles, or impose weight limitations on those vehicles, on designated highways after conducting a public hearing and approving a resolution. Provides that if written notice requesting a road not be posted at a permanently reduced weight is signed by 3 persons owning land in that road district and is given to the highway commissioner who fails to change or evaluate a permanently reduced weight limit, the 3 landowners may petition the county superintendent of highways. Requires a petitioned county superintendent of highways to hold a hearing on the petitioned issue, and allows him or her to order the highway commissioner to change a posted weight limit. Provides that if the highway commissioner disobeys the order of the county superintendent, he or she is guilty of a petty offense, and subject to removal from office.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 15-316 as follows:
 
6    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
7    Sec. 15-316. When the Department or local authority may
8restrict right to use highways.
9    (a) Except as provided in subsection (g), local authorities
10with respect to highways under their jurisdiction may by
11ordinance or resolution prohibit the operation of vehicles upon
12any such highway or impose restrictions as to the weight of
13vehicles to be operated upon any such highway, for a total
14period of not to exceed 90 days in any one calendar year,
15whenever any said highway by reason of deterioration, rain,
16snow, or other climate conditions will be seriously damaged or
17destroyed unless the use of vehicles thereon is prohibited or
18the permissible weights thereof reduced.
19    (b) The local authority enacting any such ordinance or
20resolution shall erect or cause to be erected and maintained
21signs designating the provision of the ordinance or resolution
22at each end of that portion of any highway affected thereby,
23and the ordinance or resolution shall not be effective unless

 

 

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1and until such signs are erected and maintained.
2    (c) Local authorities, with exception of road districts as
3provided in subsection (c-5) of this Section, with respect to
4highways under their jurisdiction may also, by ordinance or
5resolution, prohibit the operation of trucks or other
6commercial vehicles, or may impose limitations as the weight
7thereof, on designated highways, which prohibitions and
8limitations shall be designated by appropriate signs placed on
9such highways.
10    (c-1) (Blank).
11    (c-5) Highway commissioners, as used in the Illinois
12Highway Code, with respect to highways under their jurisdiction
13may, after conducting a public hearing and approving a
14resolution, prohibit the operation of trucks or other
15commercial vehicles, or may impose limitation on the weight
16thereof, on designated highways, which prohibition and
17limitation shall be designated by appropriate signs placed on
18these highways with written approval of the county
19superintendent of highways. If any highway commissioner fails
20or refuses to change or evaluate a permanently reduced weight
21limit on any road or section of a road in his or her district
22within 10 days after he or she is given a notice in writing
23signed by 3 persons that own land in the road district that the
24road or section of a road should not be permanently posted at a
25reduced weight limit, the 3 landowners whose request was not
26complied with may petition the county superintendent of

 

 

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1highways that the road or section thereof is in need of
2evaluation or change of the permanently reduced weight limit by
3the highway commissioner. The county superintendent of
4highways shall set a day, not less than 10 nor more than 20
5days after the petition is filed with him or her, for hearing
6the complaint alleged in the petition, and shall post notice of
7the hearing not less than 10 days prior to the hearing in a
8newspaper of general circulation in the road district
9containing the road or section of road described in the
10petition and also by delivering a copy of the notice to the
11commissioner or mailing a copy of the petition to the
12commissioner. If the county superintendent of highways
13determines as a result of the hearing that the road described
14in the petition is in need of a change in the permanently
15reduced weight limit by the highway commissioner of the
16district, he or she shall order the highway commissioner of the
17district to make any necessary change to the posted weight
18limit. If any highway commissioner wilfully disobeys the order
19of the county superintendent of highways issued under this
20Section, when there are sufficient funds to permit compliance
21with the order, he or she shall be guilty of a petty offense,
22and shall upon proper proceedings being brought in the circuit
23court of the county, be subject to removal from office.
24    (d) The Department shall likewise have authority as
25hereinbefore granted to local authorities to determine by
26resolution and to impose restrictions as to the weight of

 

 

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1vehicles operated upon any highway under the jurisdiction of
2said department, and such restrictions shall be effective when
3signs giving notice thereof are erected upon the highway or
4portion of any highway affected by such resolution.
5    (d-1) (Blank).
6    (d-2) (Blank).
7    (e) When any vehicle is operated in violation of this
8Section, the owner or driver of the vehicle shall be deemed
9guilty of a violation and either the owner or the driver of the
10vehicle may be prosecuted for the violation. Any person, firm,
11or corporation convicted of violating this Section shall be
12fined $50 for any weight exceeding the posted limit up to the
13axle or gross weight limit allowed a vehicle as provided for in
14subsections (a) or (b) of Section 15-111 and $75 per every 500
15pounds or fraction thereof for any weight exceeding that which
16is provided for in subsections (a) or (b) of Section 15-111.
17    (f) A municipality is authorized to enforce a county weight
18limit ordinance applying to county highways within its
19corporate limits and is entitled to the proceeds of any fines
20collected from the enforcement.
21    (g) An ordinance or resolution enacted by a county or
22township pursuant to subsection (a) of this Section shall not
23apply to cargo tank vehicles with two or three permanent axles
24when delivering propane for emergency heating purposes if the
25cargo tank is loaded at no more than 50 percent capacity, the
26gross vehicle weight of the vehicle does not exceed 32,000

 

 

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1pounds, and the driver of the cargo tank vehicle notifies the
2appropriate agency or agencies with jurisdiction over the
3highway before driving the vehicle on the highway pursuant to
4this subsection. The cargo tank vehicle must have an operating
5gauge on the cargo tank which indicates the amount of propane
6as a percent of capacity of the cargo tank. The cargo tank must
7have the capacity displayed on the cargo tank, or documentation
8of the capacity of the cargo tank must be available in the
9vehicle. For the purposes of this subsection, propane weighs
104.2 pounds per gallon. This subsection does not apply to
11municipalities. Nothing in this subsection shall allow cargo
12tank vehicles to cross bridges with posted weight restrictions
13if the vehicle exceeds the posted weight limit.
14(Source: P.A. 96-1337, eff. 1-1-11.)