Illinois General Assembly - Full Text of SB2992
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Full Text of SB2992  99th General Assembly


Sen. Neil Anderson

Filed: 4/15/2016





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2    AMENDMENT NO. ______. Amend Senate Bill 2992 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 3-401 and 15-301 as follows:
6    (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
7    Sec. 3-401. Effect of provisions.
8    (a) It shall be unlawful for any person to violate any
9provision of this Chapter or to drive or move or for an owner
10knowingly to permit to be driven or moved upon any highway any
11vehicle of a type required to be registered hereunder which is
12not registered or for which the appropriate fee has not been
13paid when and as required hereunder, except that when
14application accompanied by proper fee has been made for
15registration of a vehicle it may be operated temporarily
16pending complete registration upon displaying a duplicate



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1application duly verified or other evidence of such application
2or otherwise under rules and regulations promulgated by the
3Secretary of State.
4    (b) The appropriate fees required to be paid under the
5various provisions of this Act for registration of vehicles
6shall mean the fee or fees which would have been paid
7initially, if proper and timely application had been made to
8the Secretary of State for the appropriate registration
9required, whether such registration be a flat weight
10registration, a single trip permit, a reciprocity permit or a
11supplemental application to an original prorate application
12together with payment of fees due under the supplemental
13application for prorate decals.
14    (c) Effective October 1, 1984, no vehicle required to pay a
15Federal Highway Users Tax shall be registered unless proof of
16payment, in a form prescribed and approved by the Secretary of
17State, is submitted with the appropriate registration.
18Notwithstanding any other provision of this Code, failure of
19the applicant to comply with this paragraph shall be deemed
20grounds for the Secretary to refuse registration.
21    (c-1) A vehicle may not be registered by the Secretary of
22State unless that vehicle:
23        (1) was originally manufactured for operation on
24    highways;
25        (2) is a modification of a vehicle that was originally
26    manufactured for operation on highways; or



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1        (3) was assembled from component parts designed for use
2    in vehicles to be operated on highways.
3    (d) Second division vehicles.
4        (1) A vehicle of the second division moved or operated
5    within this State shall have had paid for it the
6    appropriate registration fees and flat weight tax, as
7    evidenced by the Illinois registration issued for that
8    vehicle, for the gross weight of the vehicle and load being
9    operated or moved within this State. Second division
10    vehicles of foreign jurisdictions operated within this
11    State under a single trip permit, fleet reciprocity plan,
12    prorate registration plan, or apportional registration
13    plan, instead of second division vehicle registration
14    under Article VIII of this Chapter, must have had paid for
15    it the appropriate registration fees and flat weight tax in
16    the base jurisdiction of that vehicle, as evidenced by the
17    maximum gross weight shown on the foreign registration
18    cards, plus any appropriate fees required under this Code.
19        (2) If a vehicle and load are operated in this State
20    and the appropriate fees and taxes have not been paid or
21    the vehicle and load exceed the registered gross weight for
22    which the required fees and taxes have been paid by 2001
23    pounds or more, the operator or owner shall be fined as
24    provided in Section 15-113 of this Code. However, an owner
25    or operator shall not be subject to arrest under this
26    subsection for any weight in excess of 80,000 pounds.



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1    Further, no fine shall exceed the actual cost of what the
2    appropriate registration for that vehicle and load should
3    have been as established in subsection (a) of Section 3-815
4    of this Chapter regardless of the route traveled. For
5    purposes of this paragraph (2), "appropriate registration"
6    means the full annual cost of the required registration and
7    its associated fees.
8        (3) Any person operating a legal combination of
9    vehicles displaying valid registration shall not be
10    considered in violation of the registration provision of
11    this subsection unless the total gross weight of the
12    combination exceeds the total licensed weight of the
13    vehicles in the combination. The gross weight of a vehicle
14    exempt from the registration requirements of this Chapter
15    shall not be included when determining the total gross
16    weight of vehicles in combination. Any vehicle operating
17    under an emergency harvest permit, as described in
18    subsection (e-1) of Section 15-301 of this Code, shall not
19    be in violation of this paragraph (3).
20        (4) If the defendant claims that he or she had
21    previously paid the appropriate Illinois registration fees
22    and taxes for this vehicle before the alleged violation,
23    the defendant shall have the burden of proving the
24    existence of the payment by competent evidence. Proof of
25    proper Illinois registration issued by the Secretary of
26    State, or the appropriate registration authority from the



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1    foreign state, shall be the only competent evidence of
2    payment.
3(Source: P.A. 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



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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. No state or local agency shall authorize the issuance
10of excess size or weight permits for vehicles and loads that
11are divisible and that can be carried, when divided, within the
12existing size or weight maximums specified in this Chapter. Any
13excess size or weight permit issued in violation of the
14provisions of this Section shall be void at issue and any
15movement made thereunder shall not be authorized under the
16terms of the void permit. In any prosecution for a violation of
17this Chapter when the authorization of an excess size or weight
18permit is at issue, it is the burden of the defendant to
19establish that the permit was valid because the load to be
20moved could not reasonably be dismantled or disassembled, or
21was otherwise nondivisible.
22    (b) The application for any such permit shall: (1) state
23whether such permit is requested for a single trip or for
24limited continuous operation; (2) state if the applicant is an
25authorized carrier under the Illinois Motor Carrier of Property
26Law, if so, his certificate, registration or permit number



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



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



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



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1    (e-1) Upon a declaration by the Governor that an emergency
2harvest situation exists, a special permit issued by the
3Department under this Section shall not be required from
4September 1 through December 31 during harvest season
5emergencies, provided that the vehicle's axle weight and gross
6weight do not exceed 10% above the maximum limits specified in
7Section 15-111 of this Code, and does not exceed the vehicles
8registered gross weight by 10%. All other restrictions that
9apply to permits issued under this Section shall apply during
10the declared time period and no fee shall be charged for the
11issuance of those permits. Permits issued by the Department
12under this subsection (e-1) are only valid on federal and State
13highways under the jurisdiction of the Department, except
14interstate highways. the weight does not exceed 20% above the
15limits provided in Section 15-111. All other restrictions that
16apply to permits issued under this Section shall apply during
17the declared time period. With respect to highways under the
18jurisdiction of local authorities, the local authorities may,
19at their discretion, waive special permit requirements during
20harvest season emergencies, and set a divisible load weight
21limit not to exceed 10% of a vehicle's registered gross weight,
22provided that the vehicle's axle weight and gross weight do not
23exceed 10% above the maximum limits specified in Section
2415-111. The This permit exemptions under this subsection (e-1)
25exemption shall apply to all registered vehicles eligible to
26obtain permits under this Section, including commercial



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



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1the issuance of the permit as a defense, the permittee, or his
2agent, must produce the permit at any court hearing concerning
3the alleged offense.
4    If the permit designates and includes a routing to a
5certified scale, the permittee, while enroute to the designated
6scale, shall be deemed in compliance with the weight provisions
7of the permit provided the axle or gross weights do not exceed
8any of the permitted limits by more than the following amounts:
9        Single axle               2000 pounds
10        Tandem axle               3000 pounds
11        Gross                     5000 pounds
12    (g) The Department is authorized to adopt, amend, and to
13make available to interested persons a policy concerning
14reasonable rules, limitations and conditions or provisions of
15operation upon highways under its jurisdiction in addition to
16those contained in this Section for the movement by special
17permit of vehicles, combinations, or loads which cannot
18reasonably be dismantled or disassembled, including
19manufactured and modular home sections and portions thereof.
20All rules, limitations and conditions or provisions adopted in
21the policy shall have due regard for the safety of the
22traveling public and the protection of the highway system and
23shall have been promulgated in conformity with the provisions
24of the Illinois Administrative Procedure Act. The requirements
25of the policy for flagmen and escort vehicles shall be the same
26for all moves of comparable size and weight. When escort



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1vehicles are required, they shall meet the following
3        (1) All operators shall be 18 years of age or over and
4    properly licensed to operate the vehicle.
5        (2) Vehicles escorting oversized loads more than
6    12-feet wide must be equipped with a rotating or flashing
7    amber light mounted on top as specified under Section
8    12-215.
9    The Department shall establish reasonable rules and
10regulations regarding liability insurance or self insurance
11for vehicles with oversized loads promulgated under The
12Illinois Administrative Procedure Act. Police vehicles may be
13required for escort under circumstances as required by rules
14and regulations of the Department.
15    (h) Violation of any rule, limitation or condition or
16provision of any permit issued in accordance with the
17provisions of this Section shall not render the entire permit
18null and void but the violator shall be deemed guilty of
19violation of permit and guilty of exceeding any size, weight or
20load limitations in excess of those authorized by the permit.
21The prescribed route or routes on the permit are not mere
22rules, limitations, conditions, or provisions of the permit,
23but are also the sole extent of the authorization granted by
24the permit. If a vehicle and load are found to be off the route
25or routes prescribed by any permit authorizing movement, the
26vehicle and load are operating without a permit. Any off route



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



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1corporation within a period of one year, not less than $200 nor
2more than $300 and, for the third offense by the same person,
3firm or corporation within a period of one year after the date
4of the first offense, not less than $300 nor more than $500 and
5the Department shall not issue permits to the person, firm or
6corporation convicted of a third offense during a period of one
7year after the date of conviction for such third offense.
8    (k) Whenever any vehicle is operated on local roads under
9permits for excess width or length issued by local authorities,
10such vehicle may be moved upon a State highway for a distance
11not to exceed one-half mile without a permit for the purpose of
12crossing the State highway.
13    (l) Notwithstanding any other provision of this Section,
14the Department, with respect to highways under its
15jurisdiction, and local authorities, with respect to highways
16under their jurisdiction, may at their discretion authorize the
17movement of a vehicle in violation of any size or weight
18requirement, or both, that would not ordinarily be eligible for
19a permit, when there is a showing of extreme necessity that the
20vehicle and load should be moved without unnecessary delay.
21    For the purpose of this subsection, showing of extreme
22necessity shall be limited to the following: shipments of
23livestock, hazardous materials, liquid concrete being hauled
24in a mobile cement mixer, or hot asphalt.
25    (m) Penalties for violations of this Section shall be in
26addition to any penalties imposed for violating any other



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1Section of this Code.
2    (n) The Department with respect to highways under its
3jurisdiction and local authorities with respect to highways
4under their jurisdiction, in their discretion and upon
5application in writing, may issue a special permit for
6continuous limited operation, authorizing the applicant to
7operate a tow-truck that exceeds the weight limits provided for
8in subsection (a) of Section 15-111, provided:
9        (1) no rear single axle of the tow-truck exceeds 26,000
10    pounds;
11        (2) no rear tandem axle of the tow-truck exceeds 50,000
12    pounds;
13        (2.1) no triple rear axle on a manufactured recovery
14    unit exceeds 60,000 pounds;
15        (3) neither the disabled vehicle nor the disabled
16    combination of vehicles exceed the weight restrictions
17    imposed by this Chapter 15, or the weight limits imposed
18    under a permit issued by the Department prior to hookup;
19        (4) the tow-truck prior to hookup does not exceed the
20    weight restrictions imposed by this Chapter 15;
21        (5) during the tow operation the tow-truck does not
22    violate any weight restriction sign;
23        (6) the tow-truck is equipped with flashing, rotating,
24    or oscillating amber lights, visible for at least 500 feet
25    in all directions;
26        (7) the tow-truck is specifically designed and



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1    licensed as a tow-truck;
2        (8) the tow-truck has a gross vehicle weight rating of
3    sufficient capacity to safely handle the load;
4        (9) the tow-truck is equipped with air brakes;
5        (10) the tow-truck is capable of utilizing the lighting
6    and braking systems of the disabled vehicle or combination
7    of vehicles;
8        (11) the tow commences at the initial point of wreck or
9    disablement and terminates at a point where the repairs are
10    actually to occur;
11        (12) the permit issued to the tow-truck is carried in
12    the tow-truck and exhibited on demand by a police officer;
13    and
14        (13) the movement shall be valid only on state routes
15    approved by the Department.
16    (o) The Department, with respect to highways under its
17jurisdiction, and local authorities, with respect to highways
18under their jurisdiction, in their discretion and upon
19application in writing, may issue a special permit for
20continuous limited operation, authorizing the applicant to
21transport raw milk that exceeds the weight limits provided for
22in subsection (a) of Section 15-111 of this Code, provided:
23        (1) no single axle exceeds 20,000 pounds;
24        (2) no gross weight exceeds 80,000 pounds;
25        (3) permits issued by the State are good only for
26    federal and State highways and are not applicable to



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1    interstate highways; and
2        (4) all road and bridge postings must be obeyed.
3    (p) In determining whether a load may be reasonably
4dismantled or disassembled for the purpose of paragraph (a),
5the Department shall consider whether there is a significant
6negative impact on the condition of the pavement and structures
7along the proposed route, whether the load or vehicle as
8proposed causes a safety hazard to the traveling public,
9whether dismantling or disassembling the load promotes or
10stifles economic development and whether the proposed route
11travels less than 5 miles. A load is not required to be
12dismantled or disassembled for the purposes of paragraph (a) if
13the Secretary of the Department determines there will be no
14significant negative impact to pavement or structures along the
15proposed route, the proposed load or vehicle causes no safety
16hazard to the traveling public, dismantling or disassembling
17the load does not promote economic development and the proposed
18route travels less than 5 miles. The Department may promulgate
19rules for the purpose of establishing the divisibility of a
20load pursuant to paragraph (a). Any load determined by the
21Secretary to be nondivisible shall otherwise comply with the
22existing size or weight maximums specified in this Chapter.
23(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
2497-813, eff. 7-13-12.)".