Illinois General Assembly - Full Text of HB6093
Illinois General Assembly

Previous General Assemblies

Full Text of HB6093  99th General Assembly

HB6093eng 99TH GENERAL ASSEMBLY

  
  
  

 


 
HB6093 EngrossedLRB099 17002 AXK 41354 b

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 1-198, 1-212, 15-107, 15-101, 15-111, 15-112, 15-301,
6and by adding Sections 1-105.2a, 1-105.7, 1-112.8, 1-205.02,
7and 1-209.1 as follows:
 
8    (625 ILCS 5/1-105.2a new)
9    Sec. 1-105.2a. Automobile transporter. Any vehicle
10combination designed and used for the transport of assembled
11vehicles, including truck camper units, and includes its use
12when transporting other cargo or general freight on a backhaul
13while in compliance with the weight limitations for a truck
14tractor and semitrailer combination.
 
15    (625 ILCS 5/1-105.7 new)
16    Sec. 1-105.7. Backhaul. The return trip of a vehicle
17transporting cargo or general freight, especially when
18carrying goods back over all or part of the same route.
 
19    (625 ILCS 5/1-112.8 new)
20    Sec. 1-112.8. Covered heavy duty tow and recovery vehicle.
21A vehicle transporting a disabled vehicle from the place where

 

 

HB6093 Engrossed- 2 -LRB099 17002 AXK 41354 b

1the vehicle became disabled to the nearest repair facility,
2having a gross weight that is equal to or exceeds the gross
3vehicle weight of the disabled vehicle being transported.
 
4    (625 ILCS 5/1-198)  (from Ch. 95 1/2, par. 1-198)
5    Sec. 1-198. Stinger-steered semitrailer.
6    Every semitrailer, including automobile transporters,
7which has its kingpin on a projection to the front of the
8structure of such semitrailer and is combined with the 5th
9wheel of the truck tractor at a point not less than two feet to
10the rear of the center of the rearmost axle of such tractor.
11(Source: P.A. 76-1586.)
 
12    (625 ILCS 5/1-205.02 new)
13    Sec. 1-205.02. Towaway trailer transporter combination. A
14combination of vehicles consisting of a trailer transporter
15towing unit and two trailers or semitrailers with a total
16weight that does not exceed 26,000 pounds, and in which the
17trailers or semitrailers carry no property and constitute
18inventory property of a manufacturer, distributor, or dealer of
19such trailers or semitrailers.
 
20    (625 ILCS 5/1-209.1 new)
21    Sec. 1-209.1. Trailer transporter towing unit. A power unit
22that is not used to carry property when operating in a towaway
23trailer transporter combination.
 

 

 

HB6093 Engrossed- 3 -LRB099 17002 AXK 41354 b

1    (625 ILCS 5/1-212)  (from Ch. 95 1/2, par. 1-212)
2    Sec. 1-212. Truck tractor.
3    Every motor vehicle designed and used primarily for drawing
4other vehicles and not so constructed as to carry a load other
5than a part of the weight of the vehicle and load so drawn, or a
6power unit that carries as property motor vehicles when
7operating in combination with a semitrailer in transporting
8motor vehicles or any other commodity, including cargo or
9general freight, on a backhaul.
10(Source: P.A. 76-1586.)
 
11    (625 ILCS 5/15-101)  (from Ch. 95 1/2, par. 15-101)
12    Sec. 15-101. Scope and effect of Chapter 15.
13    (a) It is unlawful for any person to drive or move on, upon
14or across or for the owner to cause or knowingly permit to be
15driven or moved on, upon or across any highway any vehicle or
16vehicles of a size and weight exceeding the limitations stated
17in this Chapter or otherwise in violation of this Chapter, and
18the maximum size and weight of vehicles herein specified shall
19be lawful throughout this State, and local authorities shall
20have no power or authority to alter such limitations except as
21express authority may be granted in this Chapter.
22    (b) The provisions of this Chapter governing size, weight,
23and load do not apply to fire apparatus or equipment for snow
24and ice removal operations owned or operated by any

 

 

HB6093 Engrossed- 4 -LRB099 17002 AXK 41354 b

1governmental body, or to implements of husbandry, as defined in
2Chapter 1 of this Code, temporarily operated or towed in a
3combination upon a highway provided such combination does not
4consist of more than 3 vehicles or, in the case of hauling
5fresh, perishable fruits or vegetables from farm to the point
6of first processing, not more than 3 wagons being towed by an
7implement of husbandry, or to a vehicle operated under the
8terms of a special permit issued hereunder. The provisions of
9this Chapter governing size and load do not apply to fire
10apparatus.
11    (c) The provisions of this Chapter governing size, weight,
12and load do not apply to any snow and ice removal equipment
13that is no more than 12 feet in width, if the equipment
14displays flags at least 18 inches square mounted on the
15driver's side of the snow plow.
16    These vehicles must be equipped with an illuminated
17rotating, oscillating, or flashing amber light or lights, or a
18flashing amber strobe light or lights, mounted on the top of
19the cab and of sufficient intensity to be visible at 500 feet
20in normal sunlight. If the load on the transport vehicle blocks
21the visibility of the amber lighting from the rear of the
22vehicle, the vehicle must also be equipped with an illuminated
23rotating, oscillating, or flashing amber light or lights, or a
24flashing amber strobe light or lights, mounted on the rear of
25the load and of sufficient intensity to be visible at 500 feet
26in normal sunlight.

 

 

HB6093 Engrossed- 5 -LRB099 17002 AXK 41354 b

1(Source: P.A. 94-270, eff. 1-1-06.)
 
2    (625 ILCS 5/15-107)   (from Ch. 95 1/2, par. 15-107)
3    Sec. 15-107. Length of vehicles.
4    (a) The maximum length of a single vehicle on any highway
5of this State may not exceed 42 feet except the following:
6        (1) Semitrailers.
7        (2) Charter or regulated route buses may be up to 45
8    feet in length, not including energy absorbing bumpers.
9    (a-1) A motor home as defined in Section 1-145.01 may be up
10to 45 feet in length, not including energy absorbing bumpers.
11The length limitations described in this subsection (a-1) shall
12be exclusive of energy-absorbing bumpers and rear view mirrors.
13    (b) On all non-State highways, the maximum length of
14vehicles in combinations is as follows:
15        (1) A truck tractor in combination with a semitrailer
16    may not exceed 55 feet overall dimension.
17        (2) A truck tractor-semitrailer-trailer or truck
18    tractor semitrailer-semitrailer may not exceed 60 feet
19    overall dimension.
20        (3) Combinations specially designed to transport motor
21    vehicles or boats may not exceed 60 feet overall dimension.
22    Vehicles operating during daylight hours when transporting
23poles, pipes, machinery, or other objects of a structural
24nature that cannot readily be dismembered are exempt from
25length limitations, provided that no object may exceed 80 feet

 

 

HB6093 Engrossed- 6 -LRB099 17002 AXK 41354 b

1in length and the overall dimension of the vehicle including
2the load may not exceed 100 feet. This exemption does not apply
3to operation on a Saturday, Sunday, or legal holiday. Legal
4holidays referred to in this Section are the days on which the
5following traditional holidays are celebrated: New Year's Day;
6Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
7and Christmas Day.
8    Vehicles and loads operated by a public utility while en
9route to make emergency repairs to public service facilities or
10properties are exempt from length limitations, provided that
11during night operations every vehicle and its load must be
12equipped with a sufficient number of clearance lamps on both
13sides and marker lamps on the extreme ends of any projecting
14load to clearly mark the dimensions of the load.
15    A tow truck in combination with a disabled vehicle or
16combination of disabled vehicles, as provided in paragraph (6)
17of subsection (c) of this Section, is exempt from length
18limitations.
19    All other combinations not listed in this subsection (b)
20may not exceed 60 feet overall dimension.
21    (c) Except as provided in subsections (c-1) and (c-2),
22combinations of vehicles may not exceed a total of 2 vehicles
23except the following:
24        (1) A truck tractor semitrailer may draw one trailer.
25        (2) A truck tractor semitrailer may draw one converter
26    dolly or one semitrailer.

 

 

HB6093 Engrossed- 7 -LRB099 17002 AXK 41354 b

1        (3) A truck tractor semitrailer may draw one vehicle
2    that is defined in Chapter 1 as special mobile equipment,
3    provided the overall dimension does not exceed 60 feet.
4        (4) A truck in transit may draw 3 trucks in transit
5    coupled together by the triple saddlemount method.
6        (5) Recreational vehicles consisting of 3 vehicles,
7    provided the following:
8            (A) The total overall dimension does not exceed 60
9        feet.
10            (B) The towing vehicle is a properly registered
11        vehicle capable of towing another vehicle using a
12        fifth-wheel type assembly.
13            (C) The second vehicle in the combination of
14        vehicles is a recreational vehicle that is towed by a
15        fifth-wheel assembly. This vehicle must be properly
16        registered and must be equipped with brakes,
17        regardless of weight.
18            (D) The third vehicle must be the lightest of the 3
19        vehicles and be a trailer or semitrailer designed or
20        used for transporting a boat, all-terrain vehicle,
21        personal watercraft, or motorcycle.
22            (E) The towed vehicles may be only for the use of
23        the operator of the towing vehicle.
24            (F) All vehicles must be properly equipped with
25        operating brakes and safety equipment required by this
26        Code, except the additional brake requirement in

 

 

HB6093 Engrossed- 8 -LRB099 17002 AXK 41354 b

1        subdivision (C) of this subparagraph (5).
2        (6) A tow truck in combination with a disabled vehicle
3    or combination of disabled vehicles, provided the towing
4    vehicle:
5            (A) Is specifically designed as a tow truck having
6        a gross vehicle weight rating of at least 18,000 pounds
7        and equipped with air brakes, provided that air brakes
8        are required only if the towing vehicle is towing a
9        vehicle, semitrailer, or tractor-trailer combination
10        that is equipped with air brakes. For the purpose of
11        this subsection, gross vehicle weight rating, or GVWR,
12        means the value specified by the manufacturer as the
13        loaded weight of the tow truck.
14            (B) Is equipped with flashing, rotating, or
15        oscillating amber lights, visible for at least 500 feet
16        in all directions.
17            (C) Is capable of utilizing the lighting and
18        braking systems of the disabled vehicle or combination
19        of vehicles.
20            (D) Does not engage a tow exceeding 50 highway
21        miles from the initial point of wreck or disablement to
22        a place of repair. Any additional movement of the
23        vehicles may occur only upon issuance of authorization
24        for that movement under the provisions of Sections
25        15-301 through 15-319 of this Code.
26        The Department may by rule or regulation prescribe

 

 

HB6093 Engrossed- 9 -LRB099 17002 AXK 41354 b

1    additional requirements regarding length limitations for a
2    tow truck towing another vehicle.
3        For purposes of this Section, a tow-dolly that merely
4    serves as substitute wheels for another legally licensed
5    vehicle is considered part of the licensed vehicle and not
6    a separate vehicle.
7        (7) Commercial vehicles consisting of 3 vehicles,
8    provided the following:
9            (A) The total overall dimension does not exceed 65
10        feet.
11            (B) The towing vehicle is a properly registered
12        vehicle capable of towing another vehicle using a
13        fifth-wheel type assembly or a goose-neck hitch ball.
14            (C) The third vehicle must be the lightest of the 3
15        vehicles and be a trailer or semitrailer.
16            (D) All vehicles must be properly equipped with
17        operating brakes and safety equipment required by this
18        Code.
19            (E) The combination of vehicles must be operated by
20        a person who holds a commercial driver's license (CDL).
21            (F) The combination of vehicles must be en route to
22        a location where new or used trailers are sold by an
23        Illinois or out-of-state licensed new or used trailer
24        dealer.
25    (c-1) A combination of 3 vehicles is allowed access to any
26State designated highway if:

 

 

HB6093 Engrossed- 10 -LRB099 17002 AXK 41354 b

1        (1) the length of neither towed vehicle exceeds 28.5
2    feet;
3        (2) the overall wheel base of the combination of
4    vehicles does not exceed 62 feet; and
5        (3) the combination of vehicles is en route to a
6    location where new or used trailers are sold by an Illinois
7    or out-of-state licensed new or used trailer dealer.
8    (c-2) A combination of 3 vehicles is allowed access from
9any State designated highway onto any county, township, or
10municipal highway for a distance of 5 highway miles for the
11purpose of delivery or collection of one or both of the towed
12vehicles if:
13        (1) the length of neither towed vehicle exceeds 28.5
14    feet;
15        (2) the combination of vehicles does not exceed 40,000
16    pounds in gross weight and 8 feet 6 inches in width;
17        (3) there is no sign prohibiting that access;
18        (4) the route is not being used as a thoroughfare
19    between State designated highways; and
20        (5) the combination of vehicles is en route to a
21    location where new or used trailers are sold by an Illinois
22    or out-of-state licensed new or used trailer dealer.
23    (d) On Class I highways there are no overall length
24limitations on motor vehicles operating in combinations
25provided:
26        (1) The length of a semitrailer, unladen or with load,

 

 

HB6093 Engrossed- 11 -LRB099 17002 AXK 41354 b

1    in combination with a truck tractor may not exceed 53 feet.
2        (2) The distance between the kingpin and the center of
3    the rear axle of a semitrailer longer than 48 feet, in
4    combination with a truck tractor, may not exceed 45 feet 6
5    inches. The limit contained in this paragraph (2) shall not
6    apply to trailers or semi-trailers used for the transport
7    of livestock as defined by Section 18b-101.
8        (3) The length of a semitrailer or trailer, unladen or
9    with load, operated in a truck tractor-semitrailer-trailer
10    or truck tractor semitrailer-semitrailer combination, may
11    not exceed 28 feet 6 inches.
12        (4) Maxi-cube combinations, as defined in Chapter 1,
13    may not exceed 65 feet overall dimension.
14        (5) Combinations of vehicles specifically designed to
15    transport motor vehicles or boats may not exceed 65 feet
16    overall dimension. The length limitation is inclusive of
17    front and rear bumpers but exclusive of the overhang of the
18    transported vehicles, as provided in paragraph (i) of this
19    Section.
20        (6) Stinger steered semitrailer vehicles as defined in
21    Chapter 1, specifically designed to transport motor
22    vehicles or boats and automobile transporters, as defined
23    in Chapter 1, may not exceed 80 75 feet overall dimension.
24    The length limitation is inclusive of front and rear
25    bumpers but exclusive of the overhang of the transported
26    vehicles, as provided in paragraph (i) of this Section.

 

 

HB6093 Engrossed- 12 -LRB099 17002 AXK 41354 b

1        (7) A truck in transit transporting 3 trucks coupled
2    together by the triple saddlemount method may not exceed 97
3    75 feet overall dimension.
4        (8) A towaway trailer transporter combination may not
5    exceed 82 feet overall dimension.
6    Vehicles operating during daylight hours when transporting
7poles, pipes, machinery, or other objects of a structural
8nature that cannot readily be dismembered are exempt from
9length limitations, provided that no object may exceed 80 feet
10in length and the overall dimension of the vehicle including
11the load may not exceed 100 feet. This exemption does not apply
12to operation on a Saturday, Sunday, or legal holiday. Legal
13holidays referred to in this Section are the days on which the
14following traditional holidays are celebrated: New Year's Day;
15Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
16and Christmas Day.
17    Vehicles and loads operated by a public utility while en
18route to make emergency repairs to public service facilities or
19properties are exempt from length limitations, provided that
20during night operations every vehicle and its load must be
21equipped with a sufficient number of clearance lamps on both
22sides and marker lamps on the extreme ends of any projecting
23load to clearly mark the dimensions of the load.
24    A tow truck in combination with a disabled vehicle or
25combination of disabled vehicles, as provided in paragraph (6)
26of subsection (c) of this Section, is exempt from length

 

 

HB6093 Engrossed- 13 -LRB099 17002 AXK 41354 b

1limitations.
2    The length limitations described in this paragraph (d)
3shall be exclusive of safety and energy conservation devices,
4such as bumpers, refrigeration units or air compressors and
5other devices, that the Department may interpret as necessary
6for safe and efficient operation; except that no device
7excluded under this paragraph shall have by its design or use
8the capability to carry cargo.
9    Section 5-35 of the Illinois Administrative Procedure Act
10relating to procedures for rulemaking shall not apply to the
11designation of highways under this paragraph (d).
12    (e) On Class II highways there are no overall length
13limitations on motor vehicles operating in combinations,
14provided:
15        (1) The length of a semitrailer, unladen or with load,
16    in combination with a truck tractor, may not exceed 53 feet
17    overall dimension.
18        (2) The distance between the kingpin and the center of
19    the rear axle of a semitrailer longer than 48 feet, in
20    combination with a truck tractor, may not exceed 45 feet 6
21    inches. The limit contained in this paragraph (2) shall not
22    apply to trailers or semi-trailers used for the transport
23    of livestock as defined by Section 18b-101.
24        (3) A truck tractor-semitrailer-trailer or truck
25    tractor semitrailer-semitrailer combination may not exceed
26    65 feet in dimension from front axle to rear axle.

 

 

HB6093 Engrossed- 14 -LRB099 17002 AXK 41354 b

1        (4) The length of a semitrailer or trailer, unladen or
2    with load, operated in a truck tractor-semitrailer-trailer
3    or truck tractor semitrailer-semitrailer combination, may
4    not exceed 28 feet 6 inches.
5        (5) Maxi-cube combinations, as defined in Chapter 1,
6    may not exceed 65 feet overall dimension.
7        (6) A combination of vehicles, specifically designed
8    to transport motor vehicles or boats, may not exceed 65
9    feet overall dimension. The length limitation is inclusive
10    of front and rear bumpers but exclusive of the overhang of
11    the transported vehicles, as provided in paragraph (i) of
12    this Section.
13        (7) Stinger steered semitrailer vehicles, as defined
14    in Chapter 1, specifically designed to transport motor
15    vehicles or boats, may not exceed 80 75 feet overall
16    dimension. The length limitation is inclusive of front and
17    rear bumpers but exclusive of the overhang of the
18    transported vehicles, as provided in paragraph (i) of this
19    Section.
20        (8) A truck in transit transporting 3 trucks coupled
21    together by the triple saddlemount method may not exceed 97
22    75 feet overall dimension.
23        (9) A towaway trailer transporter combination may not
24    exceed 82 feet overall dimension.
25    Vehicles operating during daylight hours when transporting
26poles, pipes, machinery, or other objects of a structural

 

 

HB6093 Engrossed- 15 -LRB099 17002 AXK 41354 b

1nature that cannot readily be dismembered are exempt from
2length limitations, provided that no object may exceed 80 feet
3in length and the overall dimension of the vehicle including
4the load may not exceed 100 feet. This exemption does not apply
5to operation on a Saturday, Sunday, or legal holiday. Legal
6holidays referred to in this Section are the days on which the
7following traditional holidays are celebrated: New Year's Day;
8Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
9and Christmas Day.
10    Vehicles and loads operated by a public utility while en
11route to make emergency repairs to public service facilities or
12properties are exempt from length limitations, provided that
13during night operations every vehicle and its load must be
14equipped with a sufficient number of clearance lamps on both
15sides and marker lamps on the extreme ends of any projecting
16load to clearly mark the dimensions of the load.
17    A tow truck in combination with a disabled vehicle or
18combination of disabled vehicles, as provided in paragraph (6)
19of subsection (c) of this Section, is exempt from length
20limitations.
21    Local authorities, with respect to streets and highways
22under their jurisdiction, may also by ordinance or resolution
23allow length limitations of this subsection (e).
24    The length limitations described in this paragraph (e)
25shall be exclusive of safety and energy conservation devices,
26such as bumpers, refrigeration units or air compressors and

 

 

HB6093 Engrossed- 16 -LRB099 17002 AXK 41354 b

1other devices, that the Department may interpret as necessary
2for safe and efficient operation; except that no device
3excluded under this paragraph shall have by its design or use
4the capability to carry cargo.
5    Section 5-35 of the Illinois Administrative Procedure Act
6relating to procedures for rulemaking shall not apply to the
7designation of highways under this paragraph (e).
8    (e-1) Combinations of vehicles not exceeding 65 feet
9overall length are allowed access as follows:
10        (1) From any State designated highway onto any county,
11    township, or municipal highway for a distance of 5 highway
12    miles for the purpose of loading and unloading, provided:
13            (A) The vehicle does not exceed 80,000 pounds in
14        gross weight and 8 feet 6 inches in width.
15            (B) There is no sign prohibiting that access.
16            (C) The route is not being used as a thoroughfare
17        between State designated highways.
18        (2) From any State designated highway onto any county
19    or township highway for a distance of 5 highway miles or
20    onto any municipal highway for a distance of one highway
21    mile for the purpose of food, fuel, repairs, and rest,
22    provided:
23            (A) The vehicle does not exceed 80,000 pounds in
24        gross weight and 8 feet 6 inches in width.
25            (B) There is no sign prohibiting that access.
26            (C) The route is not being used as a thoroughfare

 

 

HB6093 Engrossed- 17 -LRB099 17002 AXK 41354 b

1        between State designated highways.
2    (e-2) Except as provided in subsection (e-3), combinations
3of vehicles over 65 feet in length, with no overall length
4limitation except as provided in subsections (d) and (e) of
5this Section, are allowed access as follows:
6        (1) From a Class I highway onto any street or highway
7    for a distance of one highway mile for the purpose of
8    loading, unloading, food, fuel, repairs, and rest,
9    provided there is no sign prohibiting that access.
10        (2) From a Class I or Class II highway onto any State
11    highway or any locally designated highway for a distance of
12    5 highway miles for the purpose of loading, unloading,
13    food, fuel, repairs, and rest.
14    (e-3) Combinations of vehicles over 65 feet in length
15operated by household goods carriers or towaway trailer
16transporter combinations, with no overall length limitations
17except as provided in subsections (d) and (e) of this Section,
18have unlimited access to points of loading, and unloading, or
19delivery to or from a manufacturer, distributor, or dealer.
20    (f) On Class III and other non-designated State highways,
21the length limitations for vehicles in combination are as
22follows:
23        (1) Truck tractor-semitrailer combinations, must
24    comply with either a maximum 55 feet overall wheel base or
25    a maximum 65 feet extreme overall dimension.
26        (2) Semitrailers, unladen or with load, may not exceed

 

 

HB6093 Engrossed- 18 -LRB099 17002 AXK 41354 b

1    53 feet overall dimension.
2        (3) No truck tractor-semitrailer-trailer or truck
3    tractor semitrailer-semitrailer combination may exceed 60
4    feet extreme overall dimension.
5        (4) The distance between the kingpin and the center
6    axle of a semitrailer longer than 48 feet, in combination
7    with a truck tractor, may not exceed 42 feet 6 inches. The
8    limit contained in this paragraph (4) shall not apply to
9    trailers or semi-trailers used for the transport of
10    livestock as defined by Section 18b-101.
11    (g) Length limitations in the preceding subsections of this
12Section 15-107 do not apply to the following:
13        (1) Vehicles operated in the daytime, except on
14    Saturdays, Sundays, or legal holidays, when transporting
15    poles, pipe, machinery, or other objects of a structural
16    nature that cannot readily be dismembered, provided the
17    overall length of vehicle and load may not exceed 100 feet
18    and no object exceeding 80 feet in length may be
19    transported unless a permit has been obtained as authorized
20    in Section 15-301.
21        (2) Vehicles and loads operated by a public utility
22    while en route to make emergency repairs to public service
23    facilities or properties, but during night operation every
24    vehicle and its load must be equipped with a sufficient
25    number of clearance lamps on both sides and marker lamps
26    upon the extreme ends of any projecting load to clearly

 

 

HB6093 Engrossed- 19 -LRB099 17002 AXK 41354 b

1    mark the dimensions of the load.
2        (3) A tow truck in combination with a disabled vehicle
3    or combination of disabled vehicles, provided the towing
4    vehicle meets the following conditions:
5            (A) It is specifically designed as a tow truck
6        having a gross vehicle weight rating of at least 18,000
7        pounds and equipped with air brakes, provided that air
8        brakes are required only if the towing vehicle is
9        towing a vehicle, semitrailer, or tractor-trailer
10        combination that is equipped with air brakes.
11            (B) It is equipped with flashing, rotating, or
12        oscillating amber lights, visible for at least 500 feet
13        in all directions.
14            (C) It is capable of utilizing the lighting and
15        braking systems of the disabled vehicle or combination
16        of vehicles.
17            (D) It does not engage in a tow exceeding 50 miles
18        from the initial point of wreck or disablement.
19    The Department may by rule or regulation prescribe
20additional requirements regarding length limitations for a tow
21truck towing another vehicle. The towing vehicle, however, may
22tow any disabled vehicle from the initial point of wreck or
23disablement to a point where repairs are actually to occur.
24This movement shall be valid only on State routes. The tower
25must abide by posted bridge weight limits.
26    For the purpose of this subsection, gross vehicle weight

 

 

HB6093 Engrossed- 20 -LRB099 17002 AXK 41354 b

1rating, or GVWR, shall mean the value specified by the
2manufacturer as the loaded weight of the tow truck. Legal
3holidays referred to in this Section shall be specified as the
4day on which the following traditional holidays are celebrated:
5    New Year's Day;
6    Memorial Day;
7    Independence Day;
8    Labor Day;
9    Thanksgiving Day; and
10    Christmas Day.
11    (h) The load upon any vehicle operated alone, or the load
12upon the front vehicle of a combination of vehicles, shall not
13extend more than 3 feet beyond the front wheels of the vehicle
14or the front bumper of the vehicle if it is equipped with a
15front bumper. The provisions of this subsection (h) shall not
16apply to any vehicle or combination of vehicles specifically
17designed for the collection and transportation of waste,
18garbage, or recyclable materials during the vehicle's
19operation in the course of collecting garbage, waste, or
20recyclable materials if the vehicle is traveling at a speed not
21in excess of 15 miles per hour during the vehicle's operation
22and in the course of collecting garbage, waste, or recyclable
23materials. However, in no instance shall the load extend more
24than 7 feet beyond the front wheels of the vehicle or the front
25bumper of the vehicle if it is equipped with a front bumper.
26    (i) The load upon the front vehicle of an automobile

 

 

HB6093 Engrossed- 21 -LRB099 17002 AXK 41354 b

1transporter or a stinger-steered vehicle a combination of
2vehicles specifically designed to transport motor vehicles
3shall not extend more than 4 3 feet beyond the foremost part of
4the transporting vehicle and the load upon the rear
5transporting vehicle shall not extend more than 6 4 feet beyond
6the rear of the bed or body of the vehicle. This paragraph
7shall only be applicable upon highways designated in paragraphs
8(d) and (e) of this Section.
9    (j) Articulated vehicles comprised of 2 sections, neither
10of which exceeds a length of 42 feet, designed for the carrying
11of more than 10 persons, may be up to 60 feet in length, not
12including energy absorbing bumpers, provided that the vehicles
13are:
14        1. operated by or for any public body or motor carrier
15    authorized by law to provide public transportation
16    services; or
17        2. operated in local public transportation service by
18    any other person and the municipality in which the service
19    is to be provided approved the operation of the vehicle.
20    (j-1) (Blank).
21    (k) Any person who is convicted of violating this Section
22is subject to the penalty as provided in paragraph (b) of
23Section 15-113.
24    (l) (Blank).
25(Source: P.A. 96-34, eff. 1-1-10; 96-37, eff. 7-13-09; 96-1352,
26eff. 7-28-10; 97-200, eff. 7-27-11; 97-883, eff. 1-1-13.)
 

 

 

HB6093 Engrossed- 22 -LRB099 17002 AXK 41354 b

1    (625 ILCS 5/15-111)  (from Ch. 95 1/2, par. 15-111)
2    Sec. 15-111. Wheel and axle loads and gross weights.
3    (a) No vehicle or combination of vehicles with pneumatic
4tires may be operated, unladen or with load, when the total
5weight on the road surface exceeds the following: 20,000 pounds
6on a single axle; 34,000 pounds on a tandem axle with no axle
7within the tandem exceeding 20,000 pounds; 80,000 pounds gross
8weight for vehicle combinations of 5 or more axles; or a total
9weight on a group of 2 or more consecutive axles in excess of
10that weight produced by the application of the following
11formula: W = 500 times the sum of (LN divided by N-1) + 12N +
1236, where "W" equals overall total weight on any group of 2 or
13more consecutive axles to the nearest 500 pounds, "L" equals
14the distance measured to the nearest foot between extremes of
15any group of 2 or more consecutive axles, and "N" equals the
16number of axles in the group under consideration.
17    The above formula when expressed in tabular form results in
18allowable loads as follows:
 
19Distance measured
20to the nearest
21foot between the
22extremes of any         Maximum weight in pounds
23group of 2 or           of any group of
24more consecutive        2 or more consecutive axles

 

 

HB6093 Engrossed- 23 -LRB099 17002 AXK 41354 b

1axles
2feet2 axles3 axles4 axles5 axles6 axles
3434,000
4534,000
5634,000
6734,000
7838,000*42,000
8939,00042,500
91040,00043,500
101144,000
111245,00050,000
121345,50050,500
131446,50051,500
141547,00052,000
151648,00052,50058,000
161748,50053,50058,500
171849,50054,00059,000
181950,00054,50060,000
192051,00055,50060,50066,000
202151,50056,00061,00066,500
212252,50056,50061,50067,000
222353,00057,50062,50068,000
232454,00058,00063,00068,500
242554,50058,50063,50069,000
252655,50059,50064,00069,500
262756,00060,00065,00070,000

 

 

HB6093 Engrossed- 24 -LRB099 17002 AXK 41354 b

12857,00060,50065,50071,000
22957,50061,50066,00071,500
33058,50062,00066,50072,000
43159,00062,50067,50072,500
53260,00063,50068,00073,000
63364,00068,50074,000
73464,50069,00074,500
83565,50070,00075,000
93666,00070,50075,500
103766,50071,00076,000
113867,50072,00077,000
123968,00072,50077,500
134068,50073,00078,000
144169,50073,50078,500
154270,00074,00079,000
164370,50075,00080,000
174471,50075,500
184572,00076,000
194672,50076,500
204773,50077,500
214874,00078,000
224974,50078,500
235075,50079,000
245176,00080,000
255276,500
265377,500

 

 

HB6093 Engrossed- 25 -LRB099 17002 AXK 41354 b

15478,000
25578,500
35679,500
45780,000
5*If the distance between 2 axles is 96 inches or less, the 2
6axles are tandem axles and the maximum total weight may not
7exceed 34,000 pounds, notwithstanding the higher limit
8resulting from the application of the formula.
9    Vehicles not in a combination having more than 4 axles may
10not exceed the weight in the table in this subsection (a) for 4
11axles measured between the extreme axles of the vehicle.
12    Vehicles in a combination having more than 6 axles may not
13exceed the weight in the table in this subsection (a) for 6
14axles measured between the extreme axles of the combination.
15    Local authorities, with respect to streets and highways
16under their jurisdiction, without additional fees, may also by
17ordinance or resolution allow the weight limitations of this
18subsection, provided the maximum gross weight on any one axle
19shall not exceed 20,000 pounds and the maximum total weight on
20any tandem axle shall not exceed 34,000 pounds, on designated
21highways when appropriate regulatory signs giving notice are
22erected upon the street or highway or portion of any street or
23highway affected by the ordinance or resolution.
24    The following are exceptions to the above formula:
25        (1) Vehicles for which a different limit is established
26    and posted in accordance with Section 15-316 of this Code.

 

 

HB6093 Engrossed- 26 -LRB099 17002 AXK 41354 b

1        (2) Vehicles for which the Department of
2    Transportation and local authorities issue overweight
3    permits under authority of Section 15-301 of this Code.
4    These vehicles are not subject to the bridge formula.
5        (3) Cities having a population of more than 50,000 may
6    permit by ordinance axle loads on 2-axle motor vehicles 33
7    1/2% above those provided for herein, but the increase
8    shall not become effective until the city has officially
9    notified the Department of the passage of the ordinance and
10    shall not apply to those vehicles when outside of the
11    limits of the city, nor shall the gross weight of any
12    2-axle motor vehicle operating over any street of the city
13    exceed 40,000 pounds.
14        (4) Weight limitations shall not apply to vehicles
15    (including loads) operated by a public utility when
16    transporting equipment required for emergency repair of
17    public utility facilities or properties or water wells.
18        (4.5) A 3-axle or 4-axle vehicle (including when laden)
19    operated or hired by a municipality within Cook, Lake,
20    McHenry, Kane, DuPage, or Will county being operated for
21    the purpose of performing emergency sewer repair that would
22    be subject to a weight limitation less than 66,000 pounds
23    under the formula in this subsection (a) shall have a
24    weight limitation of 66,000 pounds or the vehicle's gross
25    vehicle weight rating, whichever is less. This paragraph
26    (4.5) does not apply to vehicles being operated on the

 

 

HB6093 Engrossed- 27 -LRB099 17002 AXK 41354 b

1    National System of Interstate and Defense Highways, or to
2    vehicles being operated on bridges or other elevated
3    structures constituting a part of a highway.
4        (5) Two consecutive sets of tandem axles may carry a
5    total weight of 34,000 pounds each if the overall distance
6    between the first and last axles of the consecutive sets of
7    tandem axles is 36 feet or more, notwithstanding the lower
8    limit resulting from the application of the above formula.
9        (6) A truck, not in combination and used exclusively
10    for the collection of rendering materials, may, when laden,
11    transmit upon the road surface, except when on part of the
12    National System of Interstate and Defense Highways, the
13    following maximum weights: 22,000 pounds on a single axle;
14    40,000 pounds on a tandem axle.
15        (7) A truck not in combination, equipped with a self
16    compactor or an industrial roll-off hoist and roll-off
17    container, used exclusively for garbage, refuse, or
18    recycling operations, may, when laden, transmit upon the
19    road surface, except when on part of the National System of
20    Interstate and Defense Highways, the following maximum
21    weights: 22,000 pounds on a single axle; 40,000 pounds on a
22    tandem axle; 40,000 pounds gross weight on a 2-axle
23    vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
24    This vehicle is not subject to the bridge formula.
25        (7.5) A 3-axle rear discharge truck mixer registered as
26    a Special Hauling Vehicle, used exclusively for the mixing

 

 

HB6093 Engrossed- 28 -LRB099 17002 AXK 41354 b

1    and transportation of concrete in the plastic state, may,
2    when laden, transmit upon the road surface, except when on
3    part of the National System of Interstate and Defense
4    Highways, the following maximum weights: 22,000 pounds on
5    single axle; 40,000 pounds on a tandem axle; 54,000 pounds
6    gross weight on a 3-axle vehicle. This vehicle is not
7    subject to the bridge formula.
8        (8) Except as provided in paragraph (7.5) of this
9    subsection (a), tandem axles on a 3-axle truck registered
10    as a Special Hauling Vehicle, manufactured prior to or in
11    the model year of 2024 and first registered in Illinois
12    prior to January 1, 2025, with a distance greater than 72
13    inches but not more than 96 inches between any series of 2
14    axles, is allowed a combined weight on the series not to
15    exceed 36,000 pounds and neither axle of the series may
16    exceed 20,000 pounds. Any vehicle of this type manufactured
17    after the model year of 2024 or first registered in
18    Illinois after December 31, 2024 may not exceed a combined
19    weight of 34,000 pounds through the series of 2 axles and
20    neither axle of the series may exceed 20,000 pounds.
21        A 3-axle combination sewer cleaning jetting vacuum
22    truck registered as a Special Hauling Vehicle, used
23    exclusively for the transportation of non-hazardous solid
24    waste, manufactured before or in the model year of 2014,
25    first registered in Illinois before January 1, 2015, may,
26    when laden, transmit upon the road surface, except when on

 

 

HB6093 Engrossed- 29 -LRB099 17002 AXK 41354 b

1    part of the National System of Interstate and Defense
2    Highways, the following maximum weights: 22,000 pounds on a
3    single axle; 40,000 pounds on a tandem axle; 54,000 pounds
4    gross weight on a 3-axle vehicle. This vehicle is not
5    subject to the bridge formula.
6        (9) A 4-axle truck mixer registered as a Special
7    Hauling Vehicle, used exclusively for the mixing and
8    transportation of concrete in the plastic state, and not
9    operated on a highway that is part of the National System
10    of Interstate Highways, is allowed the following maximum
11    weights: 20,000 pounds on any single axle; 36,000 pounds on
12    a series of axles greater than 72 inches but not more than
13    96 inches; and 34,000 pounds on any series of 2 axles
14    greater than 40 inches but not more than 72 inches. The
15    gross weight of this vehicle may not exceed the weights
16    allowed by the bridge formula for 4 axles. The bridge
17    formula does not apply to any series of 3 axles while the
18    vehicle is transporting concrete in the plastic state, but
19    no axle or tandem axle of the series may exceed the maximum
20    weight permitted under this paragraph (9) of subsection
21    (a).
22        (10) Combinations of vehicles, registered as Special
23    Hauling Vehicles that include a semitrailer manufactured
24    prior to or in the model year of 2024, and registered in
25    Illinois prior to January 1, 2025, having 5 axles with a
26    distance of 42 feet or less between extreme axles, may not

 

 

HB6093 Engrossed- 30 -LRB099 17002 AXK 41354 b

1    exceed the following maximum weights: 20,000 pounds on a
2    single axle; 34,000 pounds on a tandem axle; and 72,000
3    pounds gross weight. This combination of vehicles is not
4    subject to the bridge formula. For all those combinations
5    of vehicles that include a semitrailer manufactured after
6    the effective date of P.A. 92-0417, the overall distance
7    between the first and last axles of the 2 sets of tandems
8    must be 18 feet 6 inches or more. Any combination of
9    vehicles that has had its cargo container replaced in its
10    entirety after December 31, 2024 may not exceed the weights
11    allowed by the bridge formula.
12        (11) The maximum weight allowed on a vehicle with
13    crawler type tracks is 40,000 pounds.
14        (12) A combination of vehicles, including a tow truck
15    and a disabled vehicle or disabled combination of vehicles,
16    that exceeds the weight restriction imposed by this Code,
17    may be operated on a public highway in this State provided
18    that neither the disabled vehicle nor any vehicle being
19    towed nor the tow truck itself shall exceed the weight
20    limitations permitted under this Chapter. During the
21    towing operation, neither the tow truck nor the vehicle
22    combination shall exceed 24,000 pounds on a single rear
23    axle and 44,000 pounds on a tandem rear axle, provided the
24    towing vehicle:
25            (i) is specifically designed as a tow truck having
26        a gross vehicle weight rating of at least 18,000 pounds

 

 

HB6093 Engrossed- 31 -LRB099 17002 AXK 41354 b

1        and is equipped with air brakes, provided that air
2        brakes are required only if the towing vehicle is
3        towing a vehicle, semitrailer, or tractor-trailer
4        combination that is equipped with air brakes;
5            (ii) is equipped with flashing, rotating, or
6        oscillating amber lights, visible for at least 500 feet
7        in all directions;
8            (iii) is capable of utilizing the lighting and
9        braking systems of the disabled vehicle or combination
10        of vehicles; and
11            (iv) does not engage in a tow exceeding 20 miles
12        from the initial point of wreck or disablement. Any
13        additional movement of the vehicles may occur only upon
14        issuance of authorization for that movement under the
15        provisions of Sections 15-301 through 15-319 of this
16        Code. The towing vehicle, however, may tow any disabled
17        vehicle to a point where repairs are actually to occur.
18        This movement shall be valid only on State routes. The
19        tower must abide by posted bridge weight limits.
20        (12.5) The vehicle weight limitations in this Section
21    do not apply to a covered heavy duty tow and recovery
22    vehicle. The covered heavy duty tow and recovery vehicle
23    license plate must cover the operating empty weight of the
24    covered heavy duty tow and recovery vehicle only.
25        (13) Upon and during a declaration of an emergency
26    propane supply disaster by the Governor under Section 7 of

 

 

HB6093 Engrossed- 32 -LRB099 17002 AXK 41354 b

1    the Illinois Emergency Management Agency Act:
2            (i) a truck not in combination, equipped with a
3        cargo tank, used exclusively for the transportation of
4        propane or liquefied petroleum gas may, when laden,
5        transmit upon the road surface, except when on part of
6        the National System of Interstate and Defense
7        Highways, the following maximum weights: 22,000 pounds
8        on a single axle; 40,000 pounds on a tandem axle;
9        40,000 pounds gross weight on a 2-axle vehicle; 54,000
10        pounds gross weight on a 3-axle vehicle; and
11            (ii) a truck when in combination with a trailer
12        equipped with a cargo tank used exclusively for the
13        transportation of propane or liquefied petroleum gas
14        may, when laden, transmit upon the road surface, except
15        when on part of the National System of Interstate and
16        Defense Highways, the following maximum weights:
17        22,000 pounds on a single axle; 40,000 pounds on a
18        tandem axle; 90,000 pounds gross weight on a 5-axle or
19        6-axle vehicle.
20        Vehicles operating under this paragraph (13) are not
21    subject to the bridge formula.
22        (14) A vehicle or combination of vehicles that uses
23    natural gas or propane gas as a motor fuel may exceed the
24    above weight limitations by up to 2,000 pounds, the total
25    allowance is calculated by an amount that is equal to the
26    difference between the weight of the vehicle attributable

 

 

HB6093 Engrossed- 33 -LRB099 17002 AXK 41354 b

1    to the natural gas or propane gas tank and fueling system
2    carried by the vehicle, and the weight of a comparable
3    diesel tank and fueling system except on interstate
4    highways as defined by Section 1-133.1 of this Code. This
5    paragraph (14) shall not allow a vehicle to exceed any
6    posted weight limit on a highway or structure.
7        (15) An emergency vehicle that is a vehicle designed to
8    be used under emergency conditions to transport personnel
9    and equipment, and used to support the suppression of fires
10    and mitigation of other hazardous situations, may not
11    exceed 86,000 pounds gross weight, or any of the following
12    weight allowances:
13            (i) 24,000 pounds on a single steering axle;
14            (ii) 33,500 pounds on a single drive axle;
15            (iii) 62,000 pounds on a tandem axle; or
16            (iv) 52,000 pounds on a tandem rear drive steer
17        axle.
18        (16) A bus, motor coach, or recreational vehicle may
19    carry a total weight of 24,000 pounds on a single axle, but
20    may not exceed other weight provisions of this Section.
21    Gross weight limits shall not apply to the combination of
22the tow truck and vehicles being towed. The tow truck license
23plate must cover the operating empty weight of the tow truck
24only. The weight of each vehicle being towed shall be covered
25by a valid license plate issued to the owner or operator of the
26vehicle being towed and displayed on that vehicle. If no valid

 

 

HB6093 Engrossed- 34 -LRB099 17002 AXK 41354 b

1plate issued to the owner or operator of that vehicle is
2displayed on that vehicle, or the plate displayed on that
3vehicle does not cover the weight of the vehicle, the weight of
4the vehicle shall be covered by the third tow truck plate
5issued to the owner or operator of the tow truck and
6temporarily affixed to the vehicle being towed. If a roll-back
7carrier is registered and being used as a tow truck, however,
8the license plate or plates for the tow truck must cover the
9gross vehicle weight, including any load carried on the bed of
10the roll-back carrier.
11    The Department may by rule or regulation prescribe
12additional requirements. However, nothing in this Code shall
13prohibit a tow truck under instructions of a police officer
14from legally clearing a disabled vehicle, that may be in
15violation of weight limitations of this Chapter, from the
16roadway to the berm or shoulder of the highway. If in the
17opinion of the police officer that location is unsafe, the
18officer is authorized to have the disabled vehicle towed to the
19nearest place of safety.
20    For the purpose of this subsection, gross vehicle weight
21rating, or GVWR, means the value specified by the manufacturer
22as the loaded weight of the tow truck.
23    (b) As used in this Section, "recycling haul" or "recycling
24operation" means the hauling of non-hazardous, non-special,
25non-putrescible materials, such as paper, glass, cans, or
26plastic, for subsequent use in the secondary materials market.

 

 

HB6093 Engrossed- 35 -LRB099 17002 AXK 41354 b

1    (c) No vehicle or combination of vehicles equipped with
2pneumatic tires shall be operated, unladen or with load, upon
3the highways of this State in violation of the provisions of
4any permit issued under the provisions of Sections 15-301
5through 15-319 of this Chapter.
6    (d) No vehicle or combination of vehicles equipped with
7other than pneumatic tires may be operated, unladen or with
8load, upon the highways of this State when the gross weight on
9the road surface through any wheel exceeds 800 pounds per inch
10width of tire tread or when the gross weight on the road
11surface through any axle exceeds 16,000 pounds.
12    (e) No person shall operate a vehicle or combination of
13vehicles over a bridge or other elevated structure constituting
14part of a highway with a gross weight that is greater than the
15maximum weight permitted by the Department, when the structure
16is sign posted as provided in this Section.
17    (f) The Department upon request from any local authority
18shall, or upon its own initiative may, conduct an investigation
19of any bridge or other elevated structure constituting a part
20of a highway, and if it finds that the structure cannot with
21safety to itself withstand the weight of vehicles otherwise
22permissible under this Code the Department shall determine and
23declare the maximum weight of vehicles that the structures can
24withstand, and shall cause or permit suitable signs stating
25maximum weight to be erected and maintained before each end of
26the structure. No person shall operate a vehicle or combination

 

 

HB6093 Engrossed- 36 -LRB099 17002 AXK 41354 b

1of vehicles over any structure with a gross weight that is
2greater than the posted maximum weight.
3    (g) Upon the trial of any person charged with a violation
4of subsection (e) or (f) of this Section, proof of the
5determination of the maximum allowable weight by the Department
6and the existence of the signs, constitutes conclusive evidence
7of the maximum weight that can be maintained with safety to the
8bridge or structure.
9(Source: P.A. 98-409, eff. 1-1-14; 98-410, eff. 8-16-13;
1098-756, eff. 7-16-14; 98-942, eff. 1-1-15; 98-956, eff. 1-1-15;
1198-1029, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
12    (625 ILCS 5/15-112)  (from Ch. 95 1/2, par. 15-112)
13    Sec. 15-112. Officers to weigh vehicles and require removal
14of excess loads.
15    (a) Any police officer having reason to believe that the
16weight of a vehicle and load is unlawful shall require the
17driver to stop and submit to a weighing of the same either by
18means of a portable or stationary scales that have been tested
19and approved at a frequency prescribed by the Illinois
20Department of Agriculture, or for those scales operated by the
21State, when such tests are requested by the Department of State
22Police, whichever is more frequent. If such scales are not
23available at the place where such vehicle is stopped, the
24police officer shall require that such vehicle be driven to the
25nearest available scale that has been tested and approved

 

 

HB6093 Engrossed- 37 -LRB099 17002 AXK 41354 b

1pursuant to this Section by the Illinois Department of
2Agriculture. Notwithstanding any provisions of the Weights and
3Measures Act or the United States Department of Commerce NIST
4handbook 44, multi or single draft weighing is an acceptable
5method of weighing by law enforcement for determining a
6violation of Chapter 3 or 15 of this Code. Law enforcement is
7exempt from the requirements of commercial weighing
8established in NIST handbook 44.
9    Within 18 months after the effective date of this
10amendatory Act of the 91st General Assembly, all municipal and
11county officers, technicians, and employees who set up and
12operate portable scales for wheel load or axle load or both and
13issue citations based on the use of portable scales for wheel
14load or axle load or both and who have not successfully
15completed initial classroom and field training regarding the
16set up and operation of portable scales, shall attend and
17successfully complete initial classroom and field training
18administered by the Illinois Law Enforcement Training
19Standards Board.
20    (b) Whenever an officer, upon weighing a vehicle and the
21load, determines that the weight is unlawful, such officer
22shall require the driver to stop the vehicle in a suitable
23place and remain standing until such portion of the load is
24removed as may be necessary to reduce the weight of the vehicle
25to the limit permitted under this Chapter, or to the limit
26permitted under the terms of a permit issued pursuant to

 

 

HB6093 Engrossed- 38 -LRB099 17002 AXK 41354 b

1Sections 15-301 through 15-318 and shall forthwith arrest the
2driver or owner. All material so unloaded shall be cared for by
3the owner or operator of the vehicle at the risk of such owner
4or operator; however, whenever a 3 or 4 axle vehicle with a
5tandem axle dimension greater than 72 inches, but less than 96
6inches and registered as a Special Hauling Vehicle is
7transporting asphalt or concrete in the plastic state that
8exceeds axle weight or gross weight limits by less than 4,000
9pounds, the owner or operator of the vehicle shall accept the
10arrest ticket or tickets for the alleged violations under this
11Section and proceed without shifting or reducing the load being
12transported or may shift or reduce the load under the
13provisions of subsection (d) or (e) of this Section, when
14applicable. Any fine imposed following an overweight violation
15by a vehicle registered as a Special Hauling Vehicle
16transporting asphalt or concrete in the plastic state shall be
17paid as provided in subsection 4 of paragraph (a) of Section
1816-105 of this Code.
19    (c) The Department of Transportation may, at the request of
20the Department of State Police, erect appropriate regulatory
21signs on any State highway directing second division vehicles
22to a scale. The Department of Transportation may also, at the
23direction of any State Police officer, erect portable
24regulating signs on any highway directing second division
25vehicles to a portable scale. Every such vehicle, pursuant to
26such sign, shall stop and be weighed.

 

 

HB6093 Engrossed- 39 -LRB099 17002 AXK 41354 b

1    (d) Whenever any axle load of a vehicle exceeds the axle or
2tandem axle weight limits permitted by paragraph (a) of Section
315-111 by 2000 pounds or less, the owner or operator of the
4vehicle must shift or remove the excess so as to comply with
5paragraph (a) of Section 15-111. No overweight arrest ticket
6shall be issued to the owner or operator of the vehicle by any
7officer if the excess weight is shifted or removed as required
8by this paragraph.
9    (e) Whenever the gross weight of a vehicle with a
10registered gross weight of 77,000 pounds or less exceeds the
11weight limits of paragraph (a) of Section 15-111 of this
12Chapter by 2000 pounds or less, the owner or operator of the
13vehicle must remove the excess. Whenever the gross weight of a
14vehicle with a registered gross weight over 77,000 pounds or
15more exceeds the weight limits of paragraph (a) of Section
1615-111 by 1,000 pounds or less or 2,000 pounds or less if
17weighed on wheel load weighers, the owner or operator of the
18vehicle must remove the excess. In either case no arrest ticket
19for any overweight violation of this Code shall be issued to
20the owner or operator of the vehicle by any officer if the
21excess weight is removed as required by this paragraph. A
22person who has been granted a special permit under Section
2315-301 of this Code shall not be granted a tolerance on wheel
24load weighers.
25    (e-5) Auxiliary power or idle reduction unit (APU) weight.
26        (1) A vehicle with a fully functional APU shall be

 

 

HB6093 Engrossed- 40 -LRB099 17002 AXK 41354 b

1    allowed an additional 550 400 pounds or the certified unit
2    weight, whichever is less. The additional pounds may be
3    allowed in gross, axles, or bridge formula weight limits
4    above the legal weight limits except when overweight on an
5    axle or axles of the towed unit or units in combination.
6    This tolerance shall be given in addition to the limits in
7    subsection (d) of this Section.
8        (2) An operator of a vehicle equipped with an APU shall
9    carry written certification showing the weight of the APU,
10    which shall be displayed upon the request of any law
11    enforcement officer.
12        (3) The operator may be required to demonstrate or
13    certify that the APU is fully functional at all times.
14        (4) This allowance may not be granted above the weight
15    limits specified on any loads permitted under Section
16    15-301 of this Code.
17    (f) Whenever an axle load of a vehicle exceeds axle weight
18limits allowed by the provisions of a permit an arrest ticket
19shall be issued, but the owner or operator of the vehicle may
20shift the load so as to comply with the provisions of the
21permit. Where such shifting of a load to comply with the permit
22is accomplished, the owner or operator of the vehicle may then
23proceed.
24    (g) Any driver of a vehicle who refuses to stop and submit
25his vehicle and load to weighing after being directed to do so
26by an officer or removes or causes the removal of the load or

 

 

HB6093 Engrossed- 41 -LRB099 17002 AXK 41354 b

1part of it prior to weighing is guilty of a business offense
2and shall be fined not less than $500 nor more than $2,000.
3(Source: P.A. 96-34, eff. 1-1-10; 97-201, eff. 1-1-12.)
 
4    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
5    Sec. 15-301. Permits for excess size and weight.
6    (a) The Department with respect to highways under its
7jurisdiction and local authorities with respect to highways
8under their jurisdiction may, in their discretion, upon
9application and good cause being shown therefor, issue a
10special permit authorizing the applicant to operate or move a
11vehicle or combination of vehicles of a size or weight of
12vehicle or load exceeding the maximum specified in this Act or
13otherwise not in conformity with this Act upon any highway
14under the jurisdiction of the party granting such permit and
15for the maintenance of which the party is responsible.
16Applications and permits other than those in written or printed
17form may only be accepted from and issued to the company or
18individual making the movement. Except for an application to
19move directly across a highway, it shall be the duty of the
20applicant to establish in the application that the load to be
21moved by such vehicle or combination cannot reasonably be
22dismantled or disassembled, the reasonableness of which shall
23be determined by the Secretary of the Department. For the
24purpose of over length movements, more than one object may be
25carried side by side as long as the height, width, and weight

 

 

HB6093 Engrossed- 42 -LRB099 17002 AXK 41354 b

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

 

 

HB6093 Engrossed- 43 -LRB099 17002 AXK 41354 b

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

 

 

HB6093 Engrossed- 44 -LRB099 17002 AXK 41354 b

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

 

 

HB6093 Engrossed- 45 -LRB099 17002 AXK 41354 b

1vehicle registered by the Secretary of State with axle loads
2not to exceed 35%, on a 3 or 4 axle vehicle registered by the
3Secretary of State with axle loads not to exceed 20%, and on a
45 axle vehicle registered by the Secretary of State not to
5exceed 10% above those provided in Section 15-111. The total
6gross weight of the vehicle, however, may not exceed the
7maximum gross weight of the registration class of the vehicle
8allowed under Section 3-815 or 3-818 of this Code.
9    As used in this Section, "agricultural commodities" means:
10        (1) cultivated plants or agricultural produce grown
11    including, but is not limited to, corn, soybeans, wheat,
12    oats, grain sorghum, canola, and rice;
13        (2) livestock, including but not limited to hogs,
14    equine, sheep, and poultry;
15        (3) ensilage; and
16        (4) fruits and vegetables.
17    Permits may be issued for a period not to exceed 40 days
18and moves may be made of a distance not to exceed 50 miles from
19a field, an on-farm grain storage facility, a warehouse as
20defined in the Illinois Grain Code, or a livestock management
21facility as defined in the Livestock Management Facilities Act
22over any highway except the National System of Interstate and
23Defense Highways. The operator of the vehicle, however, must
24abide by posted bridge and posted highway weight limits. All
25implements of husbandry operating under this Section between
26sunset and sunrise shall be equipped as prescribed in Section

 

 

HB6093 Engrossed- 46 -LRB099 17002 AXK 41354 b

112-205.1.
2    (e-1) Upon a declaration by the Governor that an emergency
3harvest situation exists, a special permit issued by the
4Department under this Section shall not be required from
5September 1 through December 31 during harvest season
6emergencies, provided that the weight does not exceed 20% above
7the limits provided in Section 15-111. All other restrictions
8that apply to permits issued under this Section shall apply
9during the declared time period. With respect to highways under
10the jurisdiction of local authorities, the local authorities
11may, at their discretion, waive special permit requirements
12during harvest season emergencies. This permit exemption shall
13apply to all vehicles eligible to obtain permits under this
14Section, including commercial vehicles in use during the
15declared time period.
16    (f) The form and content of the permit shall be determined
17by the Department with respect to highways under its
18jurisdiction and by local authorities with respect to highways
19under their jurisdiction. Every permit shall be in written form
20and carried in the vehicle or combination of vehicles to which
21it refers and shall be open to inspection by any police officer
22or authorized agent of any authority granting the permit and no
23person shall violate any of the terms or conditions of such
24special permit. Violation of the terms and conditions of the
25permit shall not be deemed a revocation of the permit; however,
26any vehicle and load found to be off the route prescribed in

 

 

HB6093 Engrossed- 47 -LRB099 17002 AXK 41354 b

1the permit shall be held to be operating without a permit. Any
2off route vehicle and load shall be required to obtain a new
3permit or permits, as necessary, to authorize the movement back
4onto the original permit routing. No rule or regulation, nor
5anything herein shall be construed to authorize any police
6officer, court, or authorized agent of any authority granting
7the permit to remove the permit from the possession of the
8permittee unless the permittee is charged with a fraudulent
9permit violation as provided in paragraph (i). However, upon
10arrest for an offense of violation of permit, operating without
11a permit when the vehicle is off route, or any size or weight
12offense under this Chapter when the permittee plans to raise
13the issuance of the permit as a defense, the permittee, or his
14agent, must produce the permit at any court hearing concerning
15the alleged offense.
16    If the permit designates and includes a routing to a
17certified scale, the permittee, while enroute to the designated
18scale, shall be deemed in compliance with the weight provisions
19of the permit provided the axle or gross weights do not exceed
20any of the permitted limits by more than the following amounts:
21        Single axle               2000 pounds
22        Tandem axle               3000 pounds
23        Gross                     5000 pounds
24    (g) The Department is authorized to adopt, amend, and to
25make available to interested persons a policy concerning
26reasonable rules, limitations and conditions or provisions of

 

 

HB6093 Engrossed- 48 -LRB099 17002 AXK 41354 b

1operation upon highways under its jurisdiction in addition to
2those contained in this Section for the movement by special
3permit of vehicles, combinations, or loads which cannot
4reasonably be dismantled or disassembled, including
5manufactured and modular home sections and portions thereof.
6All rules, limitations and conditions or provisions adopted in
7the policy shall have due regard for the safety of the
8traveling public and the protection of the highway system and
9shall have been promulgated in conformity with the provisions
10of the Illinois Administrative Procedure Act. The requirements
11of the policy for flagmen and escort vehicles shall be the same
12for all moves of comparable size and weight. When escort
13vehicles are required, they shall meet the following
14requirements:
15        (1) All operators shall be 18 years of age or over and
16    properly licensed to operate the vehicle.
17        (2) Vehicles escorting oversized loads more than
18    12-feet wide must be equipped with a rotating or flashing
19    amber light mounted on top as specified under Section
20    12-215.
21    The Department shall establish reasonable rules and
22regulations regarding liability insurance or self insurance
23for vehicles with oversized loads promulgated under The
24Illinois Administrative Procedure Act. Police vehicles may be
25required for escort under circumstances as required by rules
26and regulations of the Department.

 

 

HB6093 Engrossed- 49 -LRB099 17002 AXK 41354 b

1    (h) Violation of any rule, limitation or condition or
2provision of any permit issued in accordance with the
3provisions of this Section shall not render the entire permit
4null and void but the violator shall be deemed guilty of
5violation of permit and guilty of exceeding any size, weight or
6load limitations in excess of those authorized by the permit.
7The prescribed route or routes on the permit are not mere
8rules, limitations, conditions, or provisions of the permit,
9but are also the sole extent of the authorization granted by
10the permit. If a vehicle and load are found to be off the route
11or routes prescribed by any permit authorizing movement, the
12vehicle and load are operating without a permit. Any off route
13movement shall be subject to the size and weight maximums,
14under the applicable provisions of this Chapter, as determined
15by the type or class highway upon which the vehicle and load
16are being operated.
17    (i) Whenever any vehicle is operated or movement made under
18a fraudulent permit the permit shall be void, and the person,
19firm, or corporation to whom such permit was granted, the
20driver of such vehicle in addition to the person who issued
21such permit and any accessory, shall be guilty of fraud and
22either one or all persons may be prosecuted for such violation.
23Any person, firm, or corporation committing such violation
24shall be guilty of a Class 4 felony and the Department shall
25not issue permits to the person, firm or corporation convicted
26of such violation for a period of one year after the date of

 

 

HB6093 Engrossed- 50 -LRB099 17002 AXK 41354 b

1conviction. Penalties for violations of this Section shall be
2in addition to any penalties imposed for violation of other
3Sections of this Act.
4    (j) Whenever any vehicle is operated or movement made in
5violation of a permit issued in accordance with this Section,
6the person to whom such permit was granted, or the driver of
7such vehicle, is guilty of such violation and either, but not
8both, persons may be prosecuted for such violation as stated in
9this subsection (j). Any person, firm or corporation convicted
10of such violation shall be guilty of a petty offense and shall
11be fined for the first offense, not less than $50 nor more than
12$200 and, for the second offense by the same person, firm or
13corporation within a period of one year, not less than $200 nor
14more than $300 and, for the third offense by the same person,
15firm or corporation within a period of one year after the date
16of the first offense, not less than $300 nor more than $500 and
17the Department shall not issue permits to the person, firm or
18corporation convicted of a third offense during a period of one
19year after the date of conviction for such third offense.
20    (k) Whenever any vehicle is operated on local roads under
21permits for excess width or length issued by local authorities,
22such vehicle may be moved upon a State highway for a distance
23not to exceed one-half mile without a permit for the purpose of
24crossing the State highway.
25    (l) Notwithstanding any other provision of this Section,
26the Department, with respect to highways under its

 

 

HB6093 Engrossed- 51 -LRB099 17002 AXK 41354 b

1jurisdiction, and local authorities, with respect to highways
2under their jurisdiction, may at their discretion authorize the
3movement of a vehicle in violation of any size or weight
4requirement, or both, that would not ordinarily be eligible for
5a permit, when there is a showing of extreme necessity that the
6vehicle and load should be moved without unnecessary delay.
7    For the purpose of this subsection, showing of extreme
8necessity shall be limited to the following: shipments of
9livestock, hazardous materials, liquid concrete being hauled
10in a mobile cement mixer, or hot asphalt.
11    (m) Penalties for violations of this Section shall be in
12addition to any penalties imposed for violating any other
13Section of this Code.
14    (n) The Department with respect to highways under its
15jurisdiction and local authorities with respect to highways
16under their jurisdiction, in their discretion and upon
17application in writing, may issue a special permit for
18continuous limited operation, authorizing the applicant to
19operate a tow-truck that exceeds the weight limits provided for
20in subsection (a) of Section 15-111, provided:
21        (1) no rear single axle of the tow-truck exceeds 26,000
22    pounds;
23        (2) no rear tandem axle of the tow-truck exceeds 50,000
24    pounds;
25        (2.1) no triple rear axle on a manufactured recovery
26    unit exceeds 60,000 pounds;

 

 

HB6093 Engrossed- 52 -LRB099 17002 AXK 41354 b

1        (3) neither the disabled vehicle nor the disabled
2    combination of vehicles exceed the weight restrictions
3    imposed by this Chapter 15, or the weight limits imposed
4    under a permit issued by the Department prior to hookup;
5        (4) the tow-truck prior to hookup does not exceed the
6    weight restrictions imposed by this Chapter 15;
7        (5) during the tow operation the tow-truck does not
8    violate any weight restriction sign;
9        (6) the tow-truck is equipped with flashing, rotating,
10    or oscillating amber lights, visible for at least 500 feet
11    in all directions;
12        (7) the tow-truck is specifically designed and
13    licensed as a tow-truck;
14        (8) the tow-truck has a gross vehicle weight rating of
15    sufficient capacity to safely handle the load;
16        (9) the tow-truck is equipped with air brakes;
17        (10) the tow-truck is capable of utilizing the lighting
18    and braking systems of the disabled vehicle or combination
19    of vehicles;
20        (11) the tow commences at the initial point of wreck or
21    disablement and terminates at a point where the repairs are
22    actually to occur;
23        (12) the permit issued to the tow-truck is carried in
24    the tow-truck and exhibited on demand by a police officer;
25    and
26        (13) the movement shall be valid only on state routes

 

 

HB6093 Engrossed- 53 -LRB099 17002 AXK 41354 b

1    approved by the Department.
2    (o) (Blank). The Department, with respect to highways under
3its jurisdiction, and local authorities, with respect to
4highways under their jurisdiction, in their discretion and upon
5application in writing, may issue a special permit for
6continuous limited operation, authorizing the applicant to
7transport raw milk that exceeds the weight limits provided for
8in subsection (a) of Section 15-111 of this Code, provided:
9        (1) no single axle exceeds 20,000 pounds;
10        (2) no gross weight exceeds 80,000 pounds;
11        (3) permits issued by the State are good only for
12    federal and State highways and are not applicable to
13    interstate highways; and
14        (4) all road and bridge postings must be obeyed.
15    (p) In determining whether a load may be reasonably
16dismantled or disassembled for the purpose of paragraph (a),
17the Department shall consider whether there is a significant
18negative impact on the condition of the pavement and structures
19along the proposed route, whether the load or vehicle as
20proposed causes a safety hazard to the traveling public,
21whether dismantling or disassembling the load promotes or
22stifles economic development and whether the proposed route
23travels less than 5 miles. A load is not required to be
24dismantled or disassembled for the purposes of paragraph (a) if
25the Secretary of the Department determines there will be no
26significant negative impact to pavement or structures along the

 

 

HB6093 Engrossed- 54 -LRB099 17002 AXK 41354 b

1proposed route, the proposed load or vehicle causes no safety
2hazard to the traveling public, dismantling or disassembling
3the load does not promote economic development and the proposed
4route travels less than 5 miles. The Department may promulgate
5rules for the purpose of establishing the divisibility of a
6load pursuant to paragraph (a). Any load determined by the
7Secretary to be nondivisible shall otherwise comply with the
8existing size or weight maximums specified in this Chapter.
9(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
1097-813, eff. 7-13-12.)
 
11    (625 ILCS 5/15-308.3 rep.)
12    Section 10. The Illinois Vehicle Code is amended by
13repealing Section 15-308.3.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.