Illinois General Assembly - Full Text of SB2992
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Full Text of SB2992  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
5Sections 3-401 and 15-301 as follows:
6    (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
7    Sec. 3-401. Effect of provisions.
8    (a) It shall be unlawful for any person to violate any
9provision of this Chapter or to drive or move or for an owner
10knowingly to permit to be driven or moved upon any highway any
11vehicle of a type required to be registered hereunder which is
12not registered or for which the appropriate fee has not been
13paid when and as required hereunder, except that when
14application accompanied by proper fee has been made for
15registration of a vehicle it may be operated temporarily
16pending complete registration upon displaying a duplicate
17application duly verified or other evidence of such application
18or otherwise under rules and regulations promulgated by the
19Secretary of State.
20    (b) The appropriate fees required to be paid under the
21various provisions of this Act for registration of vehicles
22shall mean the fee or fees which would have been paid
23initially, if proper and timely application had been made to



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1the Secretary of State for the appropriate registration
2required, whether such registration be a flat weight
3registration, a single trip permit, a reciprocity permit or a
4supplemental application to an original prorate application
5together with payment of fees due under the supplemental
6application for prorate decals.
7    (c) Effective October 1, 1984, no vehicle required to pay a
8Federal Highway Users Tax shall be registered unless proof of
9payment, in a form prescribed and approved by the Secretary of
10State, is submitted with the appropriate registration.
11Notwithstanding any other provision of this Code, failure of
12the applicant to comply with this paragraph shall be deemed
13grounds for the Secretary to refuse registration.
14    (c-1) A vehicle may not be registered by the Secretary of
15State unless that vehicle:
16        (1) was originally manufactured for operation on
17    highways;
18        (2) is a modification of a vehicle that was originally
19    manufactured for operation on highways; or
20        (3) was assembled from component parts designed for use
21    in vehicles to be operated on highways.
22    (d) Second division vehicles.
23        (1) A vehicle of the second division moved or operated
24    within this State shall have had paid for it the
25    appropriate registration fees and flat weight tax, as
26    evidenced by the Illinois registration issued for that



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1    vehicle, for the gross weight of the vehicle and load being
2    operated or moved within this State. Second division
3    vehicles of foreign jurisdictions operated within this
4    State under a single trip permit, fleet reciprocity plan,
5    prorate registration plan, or apportional registration
6    plan, instead of second division vehicle registration
7    under Article VIII of this Chapter, must have had paid for
8    it the appropriate registration fees and flat weight tax in
9    the base jurisdiction of that vehicle, as evidenced by the
10    maximum gross weight shown on the foreign registration
11    cards, plus any appropriate fees required under this Code.
12        (2) If a vehicle and load are operated in this State
13    and the appropriate fees and taxes have not been paid or
14    the vehicle and load exceed the registered gross weight for
15    which the required fees and taxes have been paid by 2001
16    pounds or more, the operator or owner shall be fined as
17    provided in Section 15-113 of this Code. However, an owner
18    or operator shall not be subject to arrest under this
19    subsection for any weight in excess of 80,000 pounds.
20    Further, no fine shall exceed the actual cost of what the
21    appropriate registration for that vehicle and load should
22    have been as established in subsection (a) of Section 3-815
23    of this Chapter regardless of the route traveled. For
24    purposes of this paragraph (2), "appropriate registration"
25    means the full annual cost of the required registration and
26    its associated fees.



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1        (3) Any person operating a legal combination of
2    vehicles displaying valid registration shall not be
3    considered in violation of the registration provision of
4    this subsection unless the total gross weight of the
5    combination exceeds the total licensed weight of the
6    vehicles in the combination. The gross weight of a vehicle
7    exempt from the registration requirements of this Chapter
8    shall not be included when determining the total gross
9    weight of vehicles in combination. Any vehicle operating
10    under an emergency harvest permit, as described in
11    subsection (e-1) of Section 15-301 of this Code, shall not
12    be in violation of this paragraph (3).
13        (4) If the defendant claims that he or she had
14    previously paid the appropriate Illinois registration fees
15    and taxes for this vehicle before the alleged violation,
16    the defendant shall have the burden of proving the
17    existence of the payment by competent evidence. Proof of
18    proper Illinois registration issued by the Secretary of
19    State, or the appropriate registration authority from the
20    foreign state, shall be the only competent evidence of
21    payment.
22(Source: P.A. 97-201, eff. 1-1-12.)
23    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
24    Sec. 15-301. Permits for excess size and weight.
25    (a) The Department with respect to highways under its



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1jurisdiction and local authorities with respect to highways
2under their jurisdiction may, in their discretion, upon
3application and good cause being shown therefor, issue a
4special permit authorizing the applicant to operate or move a
5vehicle or combination of vehicles of a size or weight of
6vehicle or load exceeding the maximum specified in this Act or
7otherwise not in conformity with this Act upon any highway
8under the jurisdiction of the party granting such permit and
9for the maintenance of which the party is responsible.
10Applications and permits other than those in written or printed
11form may only be accepted from and issued to the company or
12individual making the movement. Except for an application to
13move directly across a highway, it shall be the duty of the
14applicant to establish in the application that the load to be
15moved by such vehicle or combination cannot reasonably be
16dismantled or disassembled, the reasonableness of which shall
17be determined by the Secretary of the Department. For the
18purpose of over length movements, more than one object may be
19carried side by side as long as the height, width, and weight
20laws are not exceeded and the cause for the over length is not
21due to multiple objects. For the purpose of over height
22movements, more than one object may be carried as long as the
23cause for the over height is not due to multiple objects and
24the length, width, and weight laws are not exceeded. For the
25purpose of an over width movement, more than one object may be
26carried as long as the cause for the over width is not due to



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1multiple objects and length, height, and weight laws are not
2exceeded. No state or local agency shall authorize the issuance
3of excess size or weight permits for vehicles and loads that
4are divisible and that can be carried, when divided, within the
5existing size or weight maximums specified in this Chapter. Any
6excess size or weight permit issued in violation of the
7provisions of this Section shall be void at issue and any
8movement made thereunder shall not be authorized under the
9terms of the void permit. In any prosecution for a violation of
10this Chapter when the authorization of an excess size or weight
11permit is at issue, it is the burden of the defendant to
12establish that the permit was valid because the load to be
13moved could not reasonably be dismantled or disassembled, or
14was otherwise nondivisible.
15    (b) The application for any such permit shall: (1) state
16whether such permit is requested for a single trip or for
17limited continuous operation; (2) state if the applicant is an
18authorized carrier under the Illinois Motor Carrier of Property
19Law, if so, his certificate, registration or permit number
20issued by the Illinois Commerce Commission; (3) specifically
21describe and identify the vehicle or vehicles and load to be
22operated or moved except that for vehicles or vehicle
23combinations registered by the Department as provided in
24Section 15-319 of this Chapter, only the Illinois Department of
25Transportation's (IDT) registration number or classification
26need be given; (4) state the routing requested including the



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1points of origin and destination, and may identify and include
2a request for routing to the nearest certified scale in
3accordance with the Department's rules and regulations,
4provided the applicant has approval to travel on local roads;
5and (5) state if the vehicles or loads are being transported
6for hire. No permits for the movement of a vehicle or load for
7hire shall be issued to any applicant who is required under the
8Illinois Motor Carrier of Property Law to have a certificate,
9registration or permit and does not have such certificate,
10registration or permit.
11    (c) The Department or local authority when not inconsistent
12with traffic safety is authorized to issue or withhold such
13permit at its discretion; or, if such permit is issued at its
14discretion to prescribe the route or routes to be traveled, to
15limit the number of trips, to establish seasonal or other time
16limitations within which the vehicles described may be operated
17on the highways indicated, or otherwise to limit or prescribe
18conditions of operations of such vehicle or vehicles, when
19necessary to assure against undue damage to the road
20foundations, surfaces or structures, and may require such
21undertaking or other security as may be deemed necessary to
22compensate for any injury to any roadway or road structure. The
23Department shall maintain a daily record of each permit issued
24along with the fee and the stipulated dimensions, weights,
25conditions and restrictions authorized and this record shall be
26presumed correct in any case of questions or dispute. The



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1Department shall install an automatic device for recording
2applications received and permits issued by telephone. In
3making application by telephone, the Department and applicant
4waive all objections to the recording of the conversation.
5    (d) The Department shall, upon application in writing from
6any local authority, issue an annual permit authorizing the
7local authority to move oversize highway construction,
8transportation, utility and maintenance equipment over roads
9under the jurisdiction of the Department. The permit shall be
10applicable only to equipment and vehicles owned by or
11registered in the name of the local authority, and no fee shall
12be charged for the issuance of such permits.
13    (e) As an exception to paragraph (a) of this Section, the
14Department and local authorities, with respect to highways
15under their respective jurisdictions, in their discretion and
16upon application in writing may issue a special permit for
17limited continuous operation, authorizing the applicant to
18move loads of agricultural commodities on a 2 axle single
19vehicle registered by the Secretary of State with axle loads
20not to exceed 35%, on a 3 or 4 axle vehicle registered by the
21Secretary of State with axle loads not to exceed 20%, and on a
225 axle vehicle registered by the Secretary of State not to
23exceed 10% above those provided in Section 15-111. The total
24gross weight of the vehicle, however, may not exceed the
25maximum gross weight of the registration class of the vehicle
26allowed under Section 3-815 or 3-818 of this Code.



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1    As used in this Section, "agricultural commodities" means:
2        (1) cultivated plants or agricultural produce grown
3    including, but is not limited to, corn, soybeans, wheat,
4    oats, grain sorghum, canola, and rice;
5        (2) livestock, including but not limited to hogs,
6    equine, sheep, and poultry;
7        (3) ensilage; and
8        (4) fruits and vegetables.
9    Permits may be issued for a period not to exceed 40 days
10and moves may be made of a distance not to exceed 50 miles from
11a field, an on-farm grain storage facility, a warehouse as
12defined in the Illinois Grain Code, or a livestock management
13facility as defined in the Livestock Management Facilities Act
14over any highway except the National System of Interstate and
15Defense Highways. The operator of the vehicle, however, must
16abide by posted bridge and posted highway weight limits. All
17implements of husbandry operating under this Section between
18sunset and sunrise shall be equipped as prescribed in Section
20    (e-1) Upon a declaration by the Governor that an emergency
21harvest situation exists, a special permit issued by the
22Department under this Section shall not be required from
23September 1 through December 31 during harvest season
24emergencies, provided that the vehicle's axle weight and gross
25weight do not exceed 10% above the maximum limits specified in
26Section 15-111 of this Code, and does not exceed the vehicles



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1registered gross weight by 10%. All other restrictions that
2apply to permits issued under this Section shall apply during
3the declared time period and no fee shall be charged for the
4issuance of those permits. Permits issued by the Department
5under this subsection (e-1) are only valid on federal and State
6highways under the jurisdiction of the Department, except
7interstate highways. the weight does not exceed 20% above the
8limits provided in Section 15-111. All other restrictions that
9apply to permits issued under this Section shall apply during
10the declared time period. With respect to highways under the
11jurisdiction of local authorities, the local authorities may,
12at their discretion, waive special permit requirements during
13harvest season emergencies, and set a divisible load weight
14limit not to exceed 10% of a vehicle's registered gross weight,
15provided that the vehicle's axle weight and gross weight do not
16exceed 10% above the maximum limits specified in Section
1715-111. The This permit exemptions under this subsection (e-1)
18exemption shall apply to all registered vehicles eligible to
19obtain permits under this Section, including commercial
20vehicles used in private or for-hire movement of divisible load
21agricultural commodities in use during the declared time
23    (f) The form and content of the permit shall be determined
24by the Department with respect to highways under its
25jurisdiction and by local authorities with respect to highways
26under their jurisdiction. Every permit shall be in written form



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1and carried in the vehicle or combination of vehicles to which
2it refers and shall be open to inspection by any police officer
3or authorized agent of any authority granting the permit and no
4person shall violate any of the terms or conditions of such
5special permit. Violation of the terms and conditions of the
6permit shall not be deemed a revocation of the permit; however,
7any vehicle and load found to be off the route prescribed in
8the permit shall be held to be operating without a permit. Any
9off route vehicle and load shall be required to obtain a new
10permit or permits, as necessary, to authorize the movement back
11onto the original permit routing. No rule or regulation, nor
12anything herein shall be construed to authorize any police
13officer, court, or authorized agent of any authority granting
14the permit to remove the permit from the possession of the
15permittee unless the permittee is charged with a fraudulent
16permit violation as provided in paragraph (i). However, upon
17arrest for an offense of violation of permit, operating without
18a permit when the vehicle is off route, or any size or weight
19offense under this Chapter when the permittee plans to raise
20the issuance of the permit as a defense, the permittee, or his
21agent, must produce the permit at any court hearing concerning
22the alleged offense.
23    If the permit designates and includes a routing to a
24certified scale, the permittee, while enroute to the designated
25scale, shall be deemed in compliance with the weight provisions
26of the permit provided the axle or gross weights do not exceed



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1any of the permitted limits by more than the following amounts:
2        Single axle               2000 pounds
3        Tandem axle               3000 pounds
4        Gross                     5000 pounds
5    (g) The Department is authorized to adopt, amend, and to
6make available to interested persons a policy concerning
7reasonable rules, limitations and conditions or provisions of
8operation upon highways under its jurisdiction in addition to
9those contained in this Section for the movement by special
10permit of vehicles, combinations, or loads which cannot
11reasonably be dismantled or disassembled, including
12manufactured and modular home sections and portions thereof.
13All rules, limitations and conditions or provisions adopted in
14the policy shall have due regard for the safety of the
15traveling public and the protection of the highway system and
16shall have been promulgated in conformity with the provisions
17of the Illinois Administrative Procedure Act. The requirements
18of the policy for flagmen and escort vehicles shall be the same
19for all moves of comparable size and weight. When escort
20vehicles are required, they shall meet the following
22        (1) All operators shall be 18 years of age or over and
23    properly licensed to operate the vehicle.
24        (2) Vehicles escorting oversized loads more than
25    12-feet wide must be equipped with a rotating or flashing
26    amber light mounted on top as specified under Section



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1    12-215.
2    The Department shall establish reasonable rules and
3regulations regarding liability insurance or self insurance
4for vehicles with oversized loads promulgated under The
5Illinois Administrative Procedure Act. Police vehicles may be
6required for escort under circumstances as required by rules
7and regulations of the Department.
8    (h) Violation of any rule, limitation or condition or
9provision of any permit issued in accordance with the
10provisions of this Section shall not render the entire permit
11null and void but the violator shall be deemed guilty of
12violation of permit and guilty of exceeding any size, weight or
13load limitations in excess of those authorized by the permit.
14The prescribed route or routes on the permit are not mere
15rules, limitations, conditions, or provisions of the permit,
16but are also the sole extent of the authorization granted by
17the permit. If a vehicle and load are found to be off the route
18or routes prescribed by any permit authorizing movement, the
19vehicle and load are operating without a permit. Any off route
20movement shall be subject to the size and weight maximums,
21under the applicable provisions of this Chapter, as determined
22by the type or class highway upon which the vehicle and load
23are being operated.
24    (i) Whenever any vehicle is operated or movement made under
25a fraudulent permit the permit shall be void, and the person,
26firm, or corporation to whom such permit was granted, the



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1driver of such vehicle in addition to the person who issued
2such permit and any accessory, shall be guilty of fraud and
3either one or all persons may be prosecuted for such violation.
4Any person, firm, or corporation committing such violation
5shall be guilty of a Class 4 felony and the Department shall
6not issue permits to the person, firm or corporation convicted
7of such violation for a period of one year after the date of
8conviction. Penalties for violations of this Section shall be
9in addition to any penalties imposed for violation of other
10Sections of this Act.
11    (j) Whenever any vehicle is operated or movement made in
12violation of a permit issued in accordance with this Section,
13the person to whom such permit was granted, or the driver of
14such vehicle, is guilty of such violation and either, but not
15both, persons may be prosecuted for such violation as stated in
16this subsection (j). Any person, firm or corporation convicted
17of such violation shall be guilty of a petty offense and shall
18be fined for the first offense, not less than $50 nor more than
19$200 and, for the second offense by the same person, firm or
20corporation within a period of one year, not less than $200 nor
21more than $300 and, for the third offense by the same person,
22firm or corporation within a period of one year after the date
23of the first offense, not less than $300 nor more than $500 and
24the Department shall not issue permits to the person, firm or
25corporation convicted of a third offense during a period of one
26year after the date of conviction for such third offense.



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1    (k) Whenever any vehicle is operated on local roads under
2permits for excess width or length issued by local authorities,
3such vehicle may be moved upon a State highway for a distance
4not to exceed one-half mile without a permit for the purpose of
5crossing the State highway.
6    (l) Notwithstanding any other provision of this Section,
7the Department, with respect to highways under its
8jurisdiction, and local authorities, with respect to highways
9under their jurisdiction, may at their discretion authorize the
10movement of a vehicle in violation of any size or weight
11requirement, or both, that would not ordinarily be eligible for
12a permit, when there is a showing of extreme necessity that the
13vehicle and load should be moved without unnecessary delay.
14    For the purpose of this subsection, showing of extreme
15necessity shall be limited to the following: shipments of
16livestock, hazardous materials, liquid concrete being hauled
17in a mobile cement mixer, or hot asphalt.
18    (m) Penalties for violations of this Section shall be in
19addition to any penalties imposed for violating any other
20Section of this Code.
21    (n) The Department with respect to highways under its
22jurisdiction and local authorities with respect to highways
23under their jurisdiction, in their discretion and upon
24application in writing, may issue a special permit for
25continuous limited operation, authorizing the applicant to
26operate a tow-truck that exceeds the weight limits provided for



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1in subsection (a) of Section 15-111, provided:
2        (1) no rear single axle of the tow-truck exceeds 26,000
3    pounds;
4        (2) no rear tandem axle of the tow-truck exceeds 50,000
5    pounds;
6        (2.1) no triple rear axle on a manufactured recovery
7    unit exceeds 60,000 pounds;
8        (3) neither the disabled vehicle nor the disabled
9    combination of vehicles exceed the weight restrictions
10    imposed by this Chapter 15, or the weight limits imposed
11    under a permit issued by the Department prior to hookup;
12        (4) the tow-truck prior to hookup does not exceed the
13    weight restrictions imposed by this Chapter 15;
14        (5) during the tow operation the tow-truck does not
15    violate any weight restriction sign;
16        (6) the tow-truck is equipped with flashing, rotating,
17    or oscillating amber lights, visible for at least 500 feet
18    in all directions;
19        (7) the tow-truck is specifically designed and
20    licensed as a tow-truck;
21        (8) the tow-truck has a gross vehicle weight rating of
22    sufficient capacity to safely handle the load;
23        (9) the tow-truck is equipped with air brakes;
24        (10) the tow-truck is capable of utilizing the lighting
25    and braking systems of the disabled vehicle or combination
26    of vehicles;



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1        (11) the tow commences at the initial point of wreck or
2    disablement and terminates at a point where the repairs are
3    actually to occur;
4        (12) the permit issued to the tow-truck is carried in
5    the tow-truck and exhibited on demand by a police officer;
6    and
7        (13) the movement shall be valid only on state routes
8    approved by the Department.
9    (o) The Department, with respect to highways under its
10jurisdiction, and local authorities, with respect to highways
11under their jurisdiction, in their discretion and upon
12application in writing, may issue a special permit for
13continuous limited operation, authorizing the applicant to
14transport raw milk that exceeds the weight limits provided for
15in subsection (a) of Section 15-111 of this Code, provided:
16        (1) no single axle exceeds 20,000 pounds;
17        (2) no gross weight exceeds 80,000 pounds;
18        (3) permits issued by the State are good only for
19    federal and State highways and are not applicable to
20    interstate highways; and
21        (4) all road and bridge postings must be obeyed.
22    (p) In determining whether a load may be reasonably
23dismantled or disassembled for the purpose of paragraph (a),
24the Department shall consider whether there is a significant
25negative impact on the condition of the pavement and structures
26along the proposed route, whether the load or vehicle as



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1proposed causes a safety hazard to the traveling public,
2whether dismantling or disassembling the load promotes or
3stifles economic development and whether the proposed route
4travels less than 5 miles. A load is not required to be
5dismantled or disassembled for the purposes of paragraph (a) if
6the Secretary of the Department determines there will be no
7significant negative impact to pavement or structures along the
8proposed route, the proposed load or vehicle causes no safety
9hazard to the traveling public, dismantling or disassembling
10the load does not promote economic development and the proposed
11route travels less than 5 miles. The Department may promulgate
12rules for the purpose of establishing the divisibility of a
13load pursuant to paragraph (a). Any load determined by the
14Secretary to be nondivisible shall otherwise comply with the
15existing size or weight maximums specified in this Chapter.
16(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
1797-813, eff. 7-13-12.)