HB4535 99TH GENERAL ASSEMBLY

  
  

 


 
99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4535

 

Introduced , by Rep. Brandon W. Phelps

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    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,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or printed
19form may only be accepted from and issued to the company or
20individual making the movement. Except for an application to
21move directly across a highway, it shall be the duty of the
22applicant to establish in the application that the load to be
23moved by such vehicle or combination cannot reasonably be

 

 

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1dismantled or disassembled, the reasonableness of which shall
2be determined by the Secretary of the Department. For the
3purpose of over length movements, more than one object may be
4carried side by side as long as the height, width, and weight
5laws are not exceeded and the cause for the over length is not
6due to multiple objects. For the purpose of over height
7movements, more than one object may be carried as long as the
8cause for the over height is not due to multiple objects and
9the length, width, and weight laws are not exceeded. For the
10purpose of an over width movement, more than one object may be
11carried as long as the cause for the over width is not due to
12multiple objects and length, height, and weight laws are not
13exceeded. No state or local agency shall authorize the issuance
14of excess size or weight permits for vehicles and loads that
15are divisible and that can be carried, when divided, within the
16existing size or weight maximums specified in this Chapter. Any
17excess size or weight permit issued in violation of the
18provisions of this Section shall be void at issue and any
19movement made thereunder shall not be authorized under the
20terms of the void permit. In any prosecution for a violation of
21this Chapter when the authorization of an excess size or weight
22permit is at issue, it is the burden of the defendant to
23establish that the permit was valid because the load to be
24moved could not reasonably be dismantled or disassembled, or
25was otherwise nondivisible.
26    (b) The application for any such permit shall: (1) state

 

 

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1whether such permit is requested for a single trip or for
2limited continuous operation; (2) state if the applicant is an
3authorized carrier under the Illinois Motor Carrier of Property
4Law, if so, his certificate, registration or permit number
5issued by the Illinois Commerce Commission; (3) specifically
6describe and identify the vehicle or vehicles and load to be
7operated or moved except that for vehicles or vehicle
8combinations registered by the Department as provided in
9Section 15-319 of this Chapter, only the Illinois Department of
10Transportation's (IDT) registration number or classification
11need be given; (4) state the routing requested including the
12points of origin and destination, and may identify and include
13a request for routing to the nearest certified scale in
14accordance with the Department's rules and regulations,
15provided the applicant has approval to travel on local roads;
16and (5) state if the vehicles or loads are being transported
17for hire. No permits for the movement of a vehicle or load for
18hire shall be issued to any applicant who is required under the
19Illinois Motor Carrier of Property Law to have a certificate,
20registration or permit and does not have such certificate,
21registration or permit.
22    (c) The Department or local authority when not inconsistent
23with traffic safety is authorized to issue or withhold such
24permit at its discretion; or, if such permit is issued at its
25discretion to prescribe the route or routes to be traveled, to
26limit the number of trips, to establish seasonal or other time

 

 

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1limitations within which the vehicles described may be operated
2on the highways indicated, or otherwise to limit or prescribe
3conditions of operations of such vehicle or vehicles, when
4necessary to assure against undue damage to the road
5foundations, surfaces or structures, and may require such
6undertaking or other security as may be deemed necessary to
7compensate for any injury to any roadway or road structure. The
8Department shall maintain a daily record of each permit issued
9along with the fee and the stipulated dimensions, weights,
10conditions and restrictions authorized and this record shall be
11presumed correct in any case of questions or dispute. The
12Department shall install an automatic device for recording
13applications received and permits issued by telephone. In
14making application by telephone, the Department and applicant
15waive all objections to the recording of the conversation.
16    (d) The Department shall, upon application in writing from
17any local authority, issue an annual permit authorizing the
18local authority to move oversize highway construction,
19transportation, utility and maintenance equipment over roads
20under the jurisdiction of the Department. The permit shall be
21applicable only to equipment and vehicles owned by or
22registered in the name of the local authority, and no fee shall
23be charged for the issuance of such permits.
24    (e) As an exception to paragraph (a) of this Section, the
25Department and local authorities, with respect to highways
26under their respective jurisdictions, in their discretion and

 

 

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1upon application in writing may issue a special permit for
2limited continuous operation, authorizing the applicant to
3move loads of agricultural commodities on a 2 axle single
4vehicle registered by the Secretary of State with axle loads
5not to exceed 35%, on a 3 or 4 axle vehicle registered by the
6Secretary of State with axle loads not to exceed 20%, and on a
75 axle vehicle registered by the Secretary of State not to
8exceed 10% above those provided in Section 15-111. The total
9gross weight of the vehicle, however, may not exceed the
10maximum gross weight of the registration class of the vehicle
11allowed 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
21and moves may be made of a distance not to exceed 50 miles from
22a field, an on-farm grain storage facility, a warehouse as
23defined in the Illinois Grain Code, or a livestock management
24facility as defined in the Livestock Management Facilities Act
25over any highway except the National System of Interstate and
26Defense Highways. The operator of the vehicle, however, must

 

 

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1abide by posted bridge and posted highway weight limits. All
2implements of husbandry operating under this Section between
3sunset and sunrise shall be equipped as prescribed in Section
412-205.1.
5    (e-1) Upon a declaration by the Governor that an emergency
6harvest situation exists, a special permit issued by the
7Department under this Section shall not be required from
8September 1 through December 31 during harvest season
9emergencies. During the declared harvest season emergency, the
10Governor may waive a vehicle's registered weight limitation and
11set a divisible load weight limit not to exceed 10% of a
12vehicle's registered gross weight, provided that the vehicle's
13axle weight and gross weight do not both exceed 10% above the
14maximum limits specified in Section 15-111 , provided that the
15weight does not exceed 20% above the limits provided in Section
1615-111. All other restrictions that apply to permits issued
17under this Section shall apply during the declared time period.
18With respect to highways under the jurisdiction of local
19authorities, the local authorities may, at their discretion,
20waive special permit requirements during harvest season
21emergencies, and set a divisible load weight limit not to
22exceed 10% of a vehicle's registered gross weight, provided
23that the vehicle's axle weight and gross weight do not both
24exceed 10% above the maximum limits specified in Section
2515-111. The This permit exemptions under this subsection (e-1)
26exemption shall apply to all registered vehicles eligible to

 

 

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1obtain permits under this Section, including commercial
2vehicles used in private or for-hire movement of divisible load
3agricultural commodities in use during the declared time
4period. This subsection (e-1) shall not apply to municipalities
5with a population of 2,000,000 or more inhabitants.
6    (f) The form and content of the permit shall be determined
7by the Department with respect to highways under its
8jurisdiction and by local authorities with respect to highways
9under their jurisdiction. Every permit shall be in written form
10and carried in the vehicle or combination of vehicles to which
11it refers and shall be open to inspection by any police officer
12or authorized agent of any authority granting the permit and no
13person shall violate any of the terms or conditions of such
14special permit. Violation of the terms and conditions of the
15permit shall not be deemed a revocation of the permit; however,
16any vehicle and load found to be off the route prescribed in
17the permit shall be held to be operating without a permit. Any
18off route vehicle and load shall be required to obtain a new
19permit or permits, as necessary, to authorize the movement back
20onto the original permit routing. No rule or regulation, nor
21anything herein shall be construed to authorize any police
22officer, court, or authorized agent of any authority granting
23the permit to remove the permit from the possession of the
24permittee unless the permittee is charged with a fraudulent
25permit violation as provided in paragraph (i). However, upon
26arrest for an offense of violation of permit, operating without

 

 

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1a permit when the vehicle is off route, or any size or weight
2offense under this Chapter when the permittee plans to raise
3the issuance of the permit as a defense, the permittee, or his
4agent, must produce the permit at any court hearing concerning
5the alleged offense.
6    If the permit designates and includes a routing to a
7certified scale, the permittee, while enroute to the designated
8scale, shall be deemed in compliance with the weight provisions
9of the permit provided the axle or gross weights do not exceed
10any 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
15make available to interested persons a policy concerning
16reasonable rules, limitations and conditions or provisions of
17operation upon highways under its jurisdiction in addition to
18those contained in this Section for the movement by special
19permit of vehicles, combinations, or loads which cannot
20reasonably be dismantled or disassembled, including
21manufactured and modular home sections and portions thereof.
22All rules, limitations and conditions or provisions adopted in
23the policy shall have due regard for the safety of the
24traveling public and the protection of the highway system and
25shall have been promulgated in conformity with the provisions
26of the Illinois Administrative Procedure Act. The requirements

 

 

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1of the policy for flagmen and escort vehicles shall be the same
2for all moves of comparable size and weight. When escort
3vehicles are required, they shall meet the following
4requirements:
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
12regulations regarding liability insurance or self insurance
13for vehicles with oversized loads promulgated under The
14Illinois Administrative Procedure Act. Police vehicles may be
15required for escort under circumstances as required by rules
16and regulations of the Department.
17    (h) Violation of any rule, limitation or condition or
18provision of any permit issued in accordance with the
19provisions of this Section shall not render the entire permit
20null and void but the violator shall be deemed guilty of
21violation of permit and guilty of exceeding any size, weight or
22load limitations in excess of those authorized by the permit.
23The prescribed route or routes on the permit are not mere
24rules, limitations, conditions, or provisions of the permit,
25but are also the sole extent of the authorization granted by
26the permit. If a vehicle and load are found to be off the route

 

 

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1or routes prescribed by any permit authorizing movement, the
2vehicle and load are operating without a permit. Any off route
3movement shall be subject to the size and weight maximums,
4under the applicable provisions of this Chapter, as determined
5by the type or class highway upon which the vehicle and load
6are being operated.
7    (i) Whenever any vehicle is operated or movement made under
8a fraudulent permit the permit shall be void, and the person,
9firm, or corporation to whom such permit was granted, the
10driver of such vehicle in addition to the person who issued
11such permit and any accessory, shall be guilty of fraud and
12either one or all persons may be prosecuted for such violation.
13Any person, firm, or corporation committing such violation
14shall be guilty of a Class 4 felony and the Department shall
15not issue permits to the person, firm or corporation convicted
16of such violation for a period of one year after the date of
17conviction. Penalties for violations of this Section shall be
18in addition to any penalties imposed for violation of other
19Sections of this Act.
20    (j) Whenever any vehicle is operated or movement made in
21violation of a permit issued in accordance with this Section,
22the person to whom such permit was granted, or the driver of
23such vehicle, is guilty of such violation and either, but not
24both, persons may be prosecuted for such violation as stated in
25this subsection (j). Any person, firm or corporation convicted
26of such violation shall be guilty of a petty offense and shall

 

 

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1be 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
3corporation within a period of one year, not less than $200 nor
4more than $300 and, for the third offense by the same person,
5firm or corporation within a period of one year after the date
6of the first offense, not less than $300 nor more than $500 and
7the Department shall not issue permits to the person, firm or
8corporation convicted of a third offense during a period of one
9year after the date of conviction for such third offense.
10    (k) Whenever any vehicle is operated on local roads under
11permits for excess width or length issued by local authorities,
12such vehicle may be moved upon a State highway for a distance
13not to exceed one-half mile without a permit for the purpose of
14crossing the State highway.
15    (l) Notwithstanding any other provision of this Section,
16the Department, with respect to highways under its
17jurisdiction, and local authorities, with respect to highways
18under their jurisdiction, may at their discretion authorize the
19movement of a vehicle in violation of any size or weight
20requirement, or both, that would not ordinarily be eligible for
21a permit, when there is a showing of extreme necessity that the
22vehicle and load should be moved without unnecessary delay.
23    For the purpose of this subsection, showing of extreme
24necessity shall be limited to the following: shipments of
25livestock, hazardous materials, liquid concrete being hauled
26in a mobile cement mixer, or hot asphalt.

 

 

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1    (m) Penalties for violations of this Section shall be in
2addition to any penalties imposed for violating any other
3Section of this Code.
4    (n) The Department with respect to highways under its
5jurisdiction and local authorities with respect to highways
6under their jurisdiction, in their discretion and upon
7application in writing, may issue a special permit for
8continuous limited operation, authorizing the applicant to
9operate a tow-truck that exceeds the weight limits provided for
10in 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
19jurisdiction, and local authorities, with respect to highways
20under their jurisdiction, in their discretion and upon
21application in writing, may issue a special permit for
22continuous limited operation, authorizing the applicant to
23transport raw milk that exceeds the weight limits provided for
24in 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
6dismantled or disassembled for the purpose of paragraph (a),
7the Department shall consider whether there is a significant
8negative impact on the condition of the pavement and structures
9along the proposed route, whether the load or vehicle as
10proposed causes a safety hazard to the traveling public,
11whether dismantling or disassembling the load promotes or
12stifles economic development and whether the proposed route
13travels less than 5 miles. A load is not required to be
14dismantled or disassembled for the purposes of paragraph (a) if
15the Secretary of the Department determines there will be no
16significant negative impact to pavement or structures along the
17proposed route, the proposed load or vehicle causes no safety
18hazard to the traveling public, dismantling or disassembling
19the load does not promote economic development and the proposed
20route travels less than 5 miles. The Department may promulgate
21rules for the purpose of establishing the divisibility of a
22load pursuant to paragraph (a). Any load determined by the
23Secretary to be nondivisible shall otherwise comply with the
24existing size or weight maximums specified in this Chapter.
25(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
2697-813, eff. 7-13-12.)