Full Text of HB4535 99th General Assembly
HB4535 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4535 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/15-301 | from Ch. 95 1/2, par. 15-301 |
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Amends the Illinois Vehicle Code. Provides that during a declared harvest season emergency, the Governor may waive a vehicle's registered weight limitation and set a divisible load weight limit not to exceed 10% of a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not both exceed 10% above the statutorily required maximum limits. Provides that local authorities may waive special permit requirements during
harvest season emergencies, and set a divisible load weight limit not to exceed 10% of a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not both exceed 10% above the statutorily required maximum limits. Provides that the Governor's emergency harvest permit exemption and local authority permit exemptions shall apply to all registered vehicles, including vehicles used in private or for-hire movement of divisible load agricultural commodities in use during the declared time period. Provides that provisions concerning the Governor's emergency harvest permit exemption and local authority permit exemptions shall not apply to municipalities with a population of 2,000,000 or more inhabitants. Makes conforming changes.
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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,
| 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 cannot reasonably be
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| 1 | | dismantled or
disassembled, the reasonableness of which shall | 2 | | be determined by the Secretary of the Department. For the | 3 | | purpose of
over length movements,
more than one object may be | 4 | | carried side by side as long as the height, width,
and weight | 5 | | laws are not exceeded and the cause for the over length is not | 6 | | due
to multiple objects. For the purpose of over height | 7 | | movements, more than one
object may be carried as long as the | 8 | | cause for the over height is not due to
multiple objects and | 9 | | the length, width, and weight laws are not exceeded. For
the | 10 | | purpose of an over width movement, more than one object may be | 11 | | carried as
long as the cause for the over width is not due to | 12 | | multiple objects and length,
height, and weight laws are not | 13 | | exceeded. No state or local agency shall
authorize the issuance | 14 | | of excess size or weight permits for vehicles and loads
that | 15 | | are divisible and that can be carried, when divided, within the | 16 | | existing
size or weight maximums specified in this Chapter. Any | 17 | | excess size or weight
permit issued in violation of the | 18 | | provisions of this Section shall be void at
issue and any | 19 | | 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 | | (b) The application for any such permit shall: (1) state |
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| 1 | | whether
such permit is requested for a single trip or for | 2 | | limited continuous
operation; (2) state if the applicant is an | 3 | | authorized carrier under the
Illinois Motor Carrier of Property | 4 | | Law, if so, his certificate,
registration or permit number | 5 | | issued by the Illinois Commerce
Commission; (3) specifically | 6 | | describe and identify the vehicle or
vehicles and load to be | 7 | | operated or moved except that for vehicles or
vehicle | 8 | | combinations registered by the Department as provided in | 9 | | Section
15-319 of this Chapter, only the Illinois Department of | 10 | | Transportation's
(IDT) registration number or classification | 11 | | need be given; (4) state the
routing requested including the | 12 | | points of origin and destination, and may
identify and include | 13 | | a request for routing to the nearest certified scale
in | 14 | | accordance with the Department's rules and regulations, | 15 | | provided the
applicant has approval to travel on local roads; | 16 | | and (5) state if the
vehicles or loads are being transported | 17 | | for hire. No permits for the
movement of a vehicle or load for | 18 | | hire shall be issued to any applicant who
is required under the | 19 | | Illinois Motor Carrier of Property Law to have a
certificate, | 20 | | registration or permit and does not have such certificate,
| 21 | | registration or permit.
| 22 | | (c) The Department or local authority when not inconsistent | 23 | | with
traffic safety is authorized to issue or withhold such | 24 | | permit at its
discretion; or, if such permit is issued at its | 25 | | discretion to prescribe
the route or routes to be traveled, to | 26 | | limit the number of trips, to
establish seasonal or other time |
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| 1 | | limitations within which the vehicles
described may be operated | 2 | | on the highways indicated, or otherwise to
limit or prescribe | 3 | | conditions of operations of such vehicle or vehicles,
when | 4 | | necessary to assure against undue damage to the road | 5 | | foundations,
surfaces or structures, and may require such | 6 | | undertaking or other
security as may be deemed necessary to | 7 | | compensate for any injury to any
roadway or road structure. The | 8 | | Department shall maintain a daily record of
each permit issued | 9 | | along with the fee and the stipulated dimensions,
weights, | 10 | | conditions and restrictions authorized and this record shall be
| 11 | | presumed correct in any case of questions or dispute. The | 12 | | Department shall
install an automatic device for recording | 13 | | applications received and permits
issued by telephone. In | 14 | | making application by telephone, the Department and
applicant | 15 | | waive all objections to the recording of the conversation.
| 16 | | (d) The Department shall, upon application in writing from | 17 | | any local
authority, issue an annual permit authorizing the | 18 | | local authority to
move oversize highway construction, | 19 | | transportation, utility and maintenance
equipment over roads | 20 | | under the jurisdiction of the Department. The permit
shall be | 21 | | applicable only to equipment and vehicles owned by or | 22 | | registered
in the name of the local authority, and no fee shall | 23 | | be charged for the
issuance of such permits.
| 24 | | (e) As an exception to paragraph (a) of this Section, the | 25 | | Department
and local authorities, with respect to highways | 26 | | under their respective
jurisdictions, in their discretion and |
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| 1 | | upon application in writing may
issue a special permit for | 2 | | limited continuous operation, authorizing the
applicant to | 3 | | move loads of agricultural commodities on a 2 axle single
| 4 | | vehicle registered by the Secretary of State with axle loads | 5 | | not to exceed
35%, on a 3 or 4 axle
vehicle registered by the | 6 | | Secretary of State with axle loads
not to exceed 20%, and on a | 7 | | 5 axle vehicle registered by the
Secretary of State not to | 8 | | exceed 10% above those provided in Section 15-111. The total | 9 | | gross weight of the vehicle, however,
may not exceed the | 10 | | maximum gross weight of the registration class of the vehicle | 11 | | allowed under Section 3-815 or 3-818 of this Code. | 12 | | As used in this Section, "agricultural commodities"
means: | 13 | | (1) cultivated plants or agricultural produce grown
| 14 | | including, but is not limited to, corn, soybeans, wheat, | 15 | | oats, grain sorghum, canola, and rice; | 16 | | (2) livestock, including but not limited to hogs, | 17 | | equine, sheep, and poultry; | 18 | | (3) ensilage; and | 19 | | (4) fruits and vegetables.
| 20 | | Permits may be issued for a
period not to exceed 40 days | 21 | | and moves may be made of a distance not to
exceed 50 miles from | 22 | | a field, an on-farm grain storage facility, a warehouse as | 23 | | defined in the Illinois Grain Code, or a livestock management | 24 | | facility as defined in the Livestock Management Facilities Act | 25 | | over any
highway except the National System of Interstate and | 26 | | Defense Highways. The operator of the vehicle,
however, must |
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| 1 | | abide by posted bridge and posted highway weight limits. All | 2 | | implements of husbandry operating under this Section between | 3 | | sunset and sunrise shall be equipped as prescribed in Section | 4 | | 12-205.1.
| 5 | | (e-1) Upon a declaration by the Governor that an emergency | 6 | | harvest situation
exists, a special permit issued by the | 7 | | Department under this Section shall not
be required from | 8 | | September 1 through December 31 during harvest season
| 9 | | emergencies . During the declared harvest season emergency, the | 10 | | Governor may waive a vehicle's registered weight limitation and | 11 | | set a divisible load weight limit not to exceed 10% of a | 12 | | vehicle's registered gross weight, provided that the vehicle's | 13 | | axle weight and gross weight do not both exceed 10% above the | 14 | | maximum limits specified in Section 15-111 , provided that the | 15 | | weight does not exceed 20% above the limits
provided in Section | 16 | | 15-111. All other restrictions that apply to permits
issued | 17 | | under this Section shall apply during the declared time period . | 18 | | With
respect to highways under the jurisdiction of local | 19 | | authorities, the local
authorities may, at their discretion, | 20 | | waive special permit requirements during
harvest season | 21 | | emergencies , and set a divisible load weight limit not to | 22 | | exceed 10% of a vehicle's registered gross weight, provided | 23 | | that the vehicle's axle weight and gross weight do not both | 24 | | exceed 10% above the maximum limits specified in Section | 25 | | 15-111 . The This permit exemptions under this subsection (e-1) | 26 | | exemption shall apply to all registered vehicles
eligible to |
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| 1 | | obtain permits under this Section, including commercial | 2 | | vehicles used in private or for-hire movement of divisible load | 3 | | agricultural commodities in
use during the declared time | 4 | | period. This subsection (e-1) shall not apply to municipalities | 5 | | with a population of 2,000,000 or more inhabitants.
| 6 | | (f) The form and content of the permit shall be determined | 7 | | by the
Department with respect to highways under its | 8 | | jurisdiction and by local
authorities with respect to highways | 9 | | under their jurisdiction. Every permit
shall be in written form | 10 | | and carried in the vehicle or combination of
vehicles to which | 11 | | it refers and shall be open to inspection by any
police officer | 12 | | or authorized agent of any authority granting the permit
and no | 13 | | person shall violate any of the terms or conditions of such
| 14 | | special permit. Violation of the terms and conditions of the | 15 | | permit
shall not be deemed a revocation of the permit; however, | 16 | | any vehicle and load
found to be off the route prescribed in | 17 | | the permit shall be held to be
operating without a permit. Any | 18 | | off route vehicle and load shall be required
to obtain a new | 19 | | permit or permits, as necessary, to authorize the movement back
| 20 | | onto the original permit routing. No rule or regulation, nor | 21 | | anything herein
shall be construed to authorize any police | 22 | | officer, court, or authorized agent
of any authority granting | 23 | | the permit to remove the permit from the possession
of the | 24 | | permittee unless the permittee is charged with a fraudulent | 25 | | permit
violation as provided in paragraph (i). However, upon | 26 | | arrest for an offense of
violation of permit, operating without |
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| 1 | | a permit when the vehicle is off route,
or any size or weight | 2 | | offense under this Chapter when the permittee plans to
raise | 3 | | the issuance of the permit as a defense, the permittee, or his | 4 | | agent,
must produce the permit at any court hearing concerning | 5 | | the alleged offense.
| 6 | | If the permit designates and includes a routing to a | 7 | | certified scale, the permittee, while enroute to the designated | 8 | | scale, shall be deemed in compliance
with the weight provisions | 9 | | of the permit provided the axle or gross weights
do not exceed | 10 | | any of the permitted limits by more than the following amounts:
| 11 | | Single axle 2000 pounds
| 12 | | Tandem axle 3000 pounds
| 13 | | Gross 5000 pounds
| 14 | | (g) The Department is authorized to adopt, amend, and to | 15 | | make
available to interested persons a policy concerning | 16 | | reasonable rules,
limitations and conditions or provisions of | 17 | | operation upon highways
under its jurisdiction in addition to | 18 | | those contained in this Section
for the movement by special | 19 | | permit of vehicles, combinations, or loads
which cannot | 20 | | reasonably be dismantled or disassembled, including
| 21 | | manufactured and modular home sections and portions thereof. | 22 | | All rules,
limitations and conditions or provisions adopted in | 23 | | the policy shall
have due regard for the safety of the | 24 | | traveling public and the protection
of the highway system and | 25 | | shall have been promulgated in conformity with
the provisions | 26 | | of the Illinois Administrative Procedure Act. The
requirements |
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| 1 | | of the policy for flagmen and escort vehicles shall be the
same | 2 | | for all moves of comparable size and weight. When escort | 3 | | vehicles are
required, they shall meet the following | 4 | | requirements:
| 5 | | (1) All operators shall be 18 years of age or over and | 6 | | properly
licensed to operate the vehicle.
| 7 | | (2) Vehicles escorting oversized loads more than | 8 | | 12-feet wide must
be equipped with a rotating or flashing | 9 | | amber light mounted on top as specified
under Section | 10 | | 12-215.
| 11 | | The Department shall establish reasonable rules and | 12 | | regulations
regarding liability insurance or self insurance | 13 | | for vehicles with
oversized loads promulgated under The | 14 | | Illinois Administrative Procedure
Act. Police vehicles may be | 15 | | required for escort under circumstances as
required by rules | 16 | | and regulations of the Department.
| 17 | | (h) Violation of any rule, limitation or condition or | 18 | | provision of
any permit issued in accordance with the | 19 | | provisions of this Section
shall not render the entire permit | 20 | | null and void but the violator shall
be deemed guilty of | 21 | | violation of permit and guilty of exceeding any size,
weight or | 22 | | load limitations in excess of those authorized by the permit.
| 23 | | The prescribed route or routes on the permit are not mere | 24 | | rules, limitations,
conditions, or provisions of the permit, | 25 | | but are also the sole extent of the
authorization granted by | 26 | | the permit. If a vehicle and load are found to be
off the route |
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| 1 | | or routes prescribed by any permit authorizing movement,
the | 2 | | vehicle and load are operating without a permit. Any off route | 3 | | movement
shall be subject to the size and weight maximums, | 4 | | under the applicable
provisions of this Chapter, as determined | 5 | | by the type or class highway upon
which the vehicle and load | 6 | | are being operated.
| 7 | | (i) Whenever any vehicle is operated or movement made under | 8 | | a
fraudulent permit the permit shall be void, and the person, | 9 | | firm, or
corporation to whom such permit was granted, the | 10 | | driver of such vehicle
in addition to the person who issued | 11 | | such permit and any accessory,
shall be guilty of fraud and | 12 | | either one or all persons may be prosecuted
for such violation. | 13 | | Any person, firm, or corporation committing such
violation | 14 | | shall be guilty of a Class 4 felony and the Department shall
| 15 | | not issue permits to the person, firm or corporation convicted | 16 | | of such
violation for a period of one year after the date of | 17 | | conviction.
Penalties for violations of this Section shall be | 18 | | in addition to any
penalties imposed for violation of other | 19 | | Sections of this Act.
| 20 | | (j) Whenever any vehicle is operated or movement made in | 21 | | violation
of a permit issued in accordance with this Section, | 22 | | the person to whom
such permit was granted, or the driver of | 23 | | such vehicle, is guilty of
such violation and either, but not | 24 | | both, persons may be prosecuted for
such violation as stated in | 25 | | this subsection (j). Any person, firm or
corporation convicted | 26 | | of such violation shall be guilty of a petty
offense and shall |
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| 1 | | be fined for the first offense, not less than $50 nor
more than | 2 | | $200 and, for the second offense by the same person, firm or
| 3 | | corporation within a period of one year, not less than $200 nor | 4 | | more
than $300 and, for the third offense by the same person, | 5 | | firm or
corporation within a period of one year after the date | 6 | | of the first
offense, not less than $300 nor more than $500 and | 7 | | the Department shall
not issue permits to the person, firm or | 8 | | corporation convicted of a
third offense during a period of one | 9 | | year after the date of conviction
for such third offense.
| 10 | | (k) Whenever any vehicle is operated on local roads under | 11 | | permits
for excess width or length issued by local authorities, | 12 | | such vehicle may
be moved upon a State highway for a distance | 13 | | not to exceed one-half mile
without a permit for the purpose of | 14 | | crossing the State highway.
| 15 | | (l) Notwithstanding any other provision of this Section, | 16 | | the Department,
with respect to highways under its | 17 | | jurisdiction, and local authorities, with
respect to highways | 18 | | under their jurisdiction, may at their discretion authorize
the | 19 | | movement of a vehicle in violation of any size or weight | 20 | | requirement, or
both, that would not ordinarily be eligible for | 21 | | a permit, when there is a
showing of extreme necessity that the | 22 | | vehicle and load should be moved without
unnecessary delay.
| 23 | | For the purpose of this subsection, showing of extreme | 24 | | necessity shall be
limited to the following: shipments of | 25 | | livestock, hazardous materials, liquid
concrete being hauled | 26 | | in a mobile cement mixer, or hot asphalt.
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| 1 | | (m) Penalties for violations of this Section shall be in | 2 | | addition to any
penalties imposed for violating any other | 3 | | Section of this Code.
| 4 | | (n) The Department with respect to highways under its | 5 | | jurisdiction and
local
authorities with respect to highways | 6 | | under their jurisdiction, in their
discretion and upon
| 7 | | application in writing, may issue a special permit for | 8 | | continuous limited
operation,
authorizing the applicant to | 9 | | operate a tow-truck that exceeds the weight limits
provided
for | 10 | | in subsection (a) of Section 15-111, provided:
| 11 | | (1) no rear single axle of the tow-truck exceeds 26,000 | 12 | | pounds;
| 13 | | (2) no rear tandem axle of the tow-truck exceeds 50,000 | 14 | | pounds;
| 15 | | (2.1) no triple rear axle on a manufactured recovery | 16 | | unit exceeds 60,000
pounds;
| 17 | | (3) neither the disabled vehicle nor the disabled | 18 | | combination of vehicles
exceed the
weight restrictions | 19 | | imposed by this Chapter 15, or the weight limits imposed
| 20 | | under a
permit issued by the Department prior to hookup;
| 21 | | (4) the tow-truck prior to hookup does not exceed the | 22 | | weight restrictions
imposed
by this Chapter 15;
| 23 | | (5) during the tow operation the tow-truck does not | 24 | | violate any weight
restriction
sign;
| 25 | | (6) the tow-truck is equipped with flashing, rotating, | 26 | | or oscillating
amber
lights,
visible for at least 500 feet |
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| 1 | | in all directions;
| 2 | | (7) the tow-truck is specifically designed and | 3 | | licensed as a tow-truck;
| 4 | | (8) the tow-truck has a gross vehicle weight rating of | 5 | | sufficient
capacity to safely
handle the load;
| 6 | | (9) the tow-truck is equipped with air brakes;
| 7 | | (10) the tow-truck is capable of utilizing the lighting | 8 | | and braking
systems of the
disabled vehicle or combination | 9 | | of vehicles;
| 10 | | (11) the tow commences at the initial point of wreck or | 11 | | disablement and terminates at a point where the repairs are | 12 | | actually to occur;
| 13 | | (12) the permit issued to the tow-truck is carried in | 14 | | the tow-truck
and
exhibited on demand by a police officer; | 15 | | and
| 16 | | (13) the movement shall be valid only on state routes | 17 | | approved by the
Department.
| 18 | | (o) 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 | | transport raw milk that exceeds
the weight limits provided for | 24 | | in subsection (a) of Section 15-111 of this Code, provided:
| 25 | | (1) no single axle exceeds 20,000 pounds;
| 26 | | (2) no gross weight exceeds 80,000 pounds;
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| 1 | | (3) permits issued by the State are good only for | 2 | | federal
and State highways and are not applicable to | 3 | | interstate highways;
and
| 4 | | (4) all road and bridge postings must be obeyed.
| 5 | | (p) In determining whether a load may be reasonably | 6 | | dismantled or disassembled for the purpose of paragraph (a), | 7 | | the Department shall consider whether there is a significant | 8 | | negative impact on the condition of the pavement and structures | 9 | | along the proposed route, whether the load or vehicle as | 10 | | proposed causes a safety hazard to the traveling public, | 11 | | whether dismantling or disassembling the load promotes or | 12 | | stifles economic development and whether the proposed route | 13 | | travels less than 5 miles. A load is not required to be | 14 | | dismantled or disassembled for the purposes of paragraph (a) if | 15 | | the Secretary of the Department determines there will be no | 16 | | significant negative impact to pavement or structures along the | 17 | | proposed route, the proposed load or vehicle causes no safety | 18 | | hazard to the traveling public, dismantling or disassembling | 19 | | the load does not promote economic development and the proposed | 20 | | route travels less than 5 miles.
The Department may promulgate | 21 | | rules for the purpose of establishing the divisibility of a | 22 | | load pursuant to paragraph (a). Any load determined by the | 23 | | Secretary to be nondivisible shall otherwise comply with the | 24 | | existing size or weight maximums specified in this Chapter. | 25 | | (Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11; | 26 | | 97-813, eff. 7-13-12.)
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