Illinois General Assembly - Full Text of SB1704
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Full Text of SB1704  99th General Assembly




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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, measured in either consecutive
15or nonconsecutive days at the discretion of local authorities,
16in any one calendar year, whenever any said highway by reason
17of deterioration, rain, snow, or other climate conditions will
18be seriously damaged or destroyed unless the use of vehicles
19thereon is prohibited or the permissible weights thereof
21    (b) The local authority enacting any such ordinance or
22resolution shall erect or cause to be erected and maintained
23signs designating the provision of the ordinance or resolution



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1at each end of that portion of any highway affected thereby,
2and the ordinance or resolution shall not be effective unless
3and until such signs are erected and maintained.
4    (c) Local authorities with respect to highways under their
5jurisdiction may also, by ordinance or resolution, prohibit the
6operation of trucks or other commercial vehicles, or may impose
7limitations as the weight thereof, on designated highways,
8which prohibitions and limitations shall be designated by
9appropriate signs placed on such highways.
10    (c-1) (Blank).
11    (d) The Department shall likewise have authority as
12hereinbefore granted to local authorities to determine by
13resolution and to impose restrictions as to the weight of
14vehicles operated upon any highway under the jurisdiction of
15said department, and such restrictions shall be effective when
16signs giving notice thereof are erected upon the highway or
17portion of any highway affected by such resolution.
18    (d-1) (Blank).
19    (d-2) (Blank).
20    (e) When any vehicle is operated in violation of this
21Section, the owner or driver of the vehicle shall be deemed
22guilty of a violation and either the owner or the driver of the
23vehicle may be prosecuted for the violation. Any person, firm,
24or corporation convicted of violating this Section shall be
25fined $50 for any weight exceeding the posted limit up to the
26axle or gross weight limit allowed a vehicle as provided for in



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1subsections (a) or (b) of Section 15-111 and $75 per every 500
2pounds or fraction thereof for any weight exceeding that which
3is provided for in subsections (a) or (b) of Section 15-111.
4    (f) A municipality is authorized to enforce a county weight
5limit ordinance applying to county highways within its
6corporate limits and is entitled to the proceeds of any fines
7collected from the enforcement.
8    (g) An ordinance or resolution enacted by a county or
9township pursuant to subsection (a) of this Section shall not
10apply to cargo tank vehicles with two or three permanent axles
11when delivering propane for emergency heating purposes if the
12cargo tank is loaded at no more than 50 percent capacity, the
13gross vehicle weight of the vehicle does not exceed 32,000
14pounds, and the driver of the cargo tank vehicle notifies the
15appropriate agency or agencies with jurisdiction over the
16highway before driving the vehicle on the highway pursuant to
17this subsection. The cargo tank vehicle must have an operating
18gauge on the cargo tank which indicates the amount of propane
19as a percent of capacity of the cargo tank. The cargo tank must
20have the capacity displayed on the cargo tank, or documentation
21of the capacity of the cargo tank must be available in the
22vehicle. For the purposes of this subsection, propane weighs
234.2 pounds per gallon. This subsection does not apply to
24municipalities. Nothing in this subsection shall allow cargo
25tank vehicles to cross bridges with posted weight restrictions
26if the vehicle exceeds the posted weight limit.



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