Full Text of SB0042 97th General Assembly
SB0042enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 15-301 as follows:
| 6 | | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| 7 | | Sec. 15-301. Permits for excess size and weight.
| 8 | | (a) The Department with respect to highways under its | 9 | | jurisdiction
and local authorities with respect to highways | 10 | | under their jurisdiction
may, in their discretion, upon | 11 | | application and good cause being shown
therefor, issue a | 12 | | special permit authorizing the applicant to operate or
move a | 13 | | vehicle or combination of vehicles of a size or weight of | 14 | | vehicle or
load exceeding the maximum specified in this Act or | 15 | | otherwise not in
conformity with this Act upon any highway | 16 | | under the jurisdiction of the
party granting such permit and | 17 | | for the maintenance of which the party is
responsible. | 18 | | Applications and permits other than those in written or
printed | 19 | | form may only be accepted from and issued to the company or
| 20 | | individual making the movement. Except for an application to | 21 | | move directly
across a highway, it shall be the duty of the | 22 | | applicant to establish in the
application that the load to be | 23 | | moved by such vehicle or combination is
composed of a single |
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| 1 | | nondivisible object that cannot reasonably be
dismantled or
| 2 | | disassembled , the reasonableness of which shall be determined | 3 | | by the Secretary of the Department . For the purpose of
over | 4 | | length movements,
more than one object may be carried side by | 5 | | side as long as the height, width,
and weight laws are not | 6 | | exceeded and the cause for the over length is not due
to | 7 | | multiple objects. For the purpose of over height movements, | 8 | | more than one
object may be carried as long as the cause for | 9 | | the over height is not due to
multiple objects and the length, | 10 | | width, and weight laws are not exceeded. For
the purpose of an | 11 | | over width movement, more than one object may be carried as
| 12 | | long as the cause for the over width is not due to multiple | 13 | | objects and length,
height, and weight laws are not exceeded. | 14 | | No state or local agency shall
authorize the issuance of excess | 15 | | size or weight permits for vehicles and loads
that are | 16 | | divisible and that can be carried, when divided, within the | 17 | | existing
size or weight maximums specified in this Chapter. Any | 18 | | excess size or weight
permit issued in violation of the | 19 | | provisions of this Section shall be void at
issue and any | 20 | | movement made thereunder shall not be authorized under the | 21 | | terms
of the void permit. In any prosecution for a violation of | 22 | | this Chapter when
the authorization of an excess size or weight | 23 | | permit is at issue, it is the
burden of the defendant to | 24 | | establish that the permit was valid because the load
to be | 25 | | moved could not reasonably be dismantled or disassembled, or | 26 | | was
otherwise nondivisible.
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| 1 | | (b) The application for any such permit shall: (1) state | 2 | | whether
such permit is requested for a single trip or for | 3 | | limited continuous
operation; (2) state if the applicant is an | 4 | | authorized carrier under the
Illinois Motor Carrier of Property | 5 | | Law, if so, his certificate,
registration or permit number | 6 | | issued by the Illinois Commerce
Commission; (3) specifically | 7 | | describe and identify the vehicle or
vehicles and load to be | 8 | | operated or moved except that for vehicles or
vehicle | 9 | | combinations registered by the Department as provided in | 10 | | Section
15-319 of this Chapter, only the Illinois Department of | 11 | | Transportation's
(IDT) registration number or classification | 12 | | need be given; (4) state the
routing requested including the | 13 | | points of origin and destination, and may
identify and include | 14 | | a request for routing to the nearest certified scale
in | 15 | | accordance with the Department's rules and regulations, | 16 | | provided the
applicant has approval to travel on local roads; | 17 | | and (5) state if the
vehicles or loads are being transported | 18 | | for hire. No permits for the
movement of a vehicle or load for | 19 | | hire shall be issued to any applicant who
is required under the | 20 | | Illinois Motor Carrier of Property Law to have a
certificate, | 21 | | registration or permit and does not have such certificate,
| 22 | | registration or permit.
| 23 | | (c) The Department or local authority when not inconsistent | 24 | | with
traffic safety is authorized to issue or withhold such | 25 | | permit at its
discretion; or, if such permit is issued at its | 26 | | discretion to prescribe
the route or routes to be traveled, to |
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| 1 | | limit the number of trips, to
establish seasonal or other time | 2 | | limitations within which the vehicles
described may be operated | 3 | | on the highways indicated, or otherwise to
limit or prescribe | 4 | | conditions of operations of such vehicle or vehicles,
when | 5 | | necessary to assure against undue damage to the road | 6 | | foundations,
surfaces or structures, and may require such | 7 | | undertaking or other
security as may be deemed necessary to | 8 | | compensate for any injury to any
roadway or road structure. The | 9 | | Department shall maintain a daily record of
each permit issued | 10 | | along with the fee and the stipulated dimensions,
weights, | 11 | | conditions and restrictions authorized and this record shall be
| 12 | | presumed correct in any case of questions or dispute. The | 13 | | Department shall
install an automatic device for recording | 14 | | applications received and permits
issued by telephone. In | 15 | | making application by telephone, the Department and
applicant | 16 | | waive all objections to the recording of the conversation.
| 17 | | (d) The Department shall, upon application in writing from | 18 | | any local
authority, issue an annual permit authorizing the | 19 | | local authority to
move oversize highway construction, | 20 | | transportation, utility and maintenance
equipment over roads | 21 | | under the jurisdiction of the Department. The permit
shall be | 22 | | applicable only to equipment and vehicles owned by or | 23 | | registered
in the name of the local authority, and no fee shall | 24 | | be charged for the
issuance of such permits.
| 25 | | (e) As an exception to paragraph (a) of this Section, the | 26 | | Department
and local authorities, with respect to highways |
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| 1 | | under their respective
jurisdictions, in their discretion and | 2 | | upon application in writing may
issue a special permit for | 3 | | limited continuous operation, authorizing the
applicant to | 4 | | move loads of agricultural commodities on a 2 axle single
| 5 | | vehicle registered by the Secretary of State with axle loads | 6 | | not to exceed
35%, on a 3 or 4 axle
vehicle registered by the | 7 | | Secretary of State with axle loads
not to exceed 20%, and on a | 8 | | 5 axle vehicle registered by the
Secretary of State not to | 9 | | exceed 10% above those provided in Section 15-111. The total | 10 | | gross weight of the vehicle, however,
may not exceed the | 11 | | maximum gross weight of the registration class of the vehicle | 12 | | allowed under Section 3-815 or 3-818 of this Code. | 13 | | As used in this Section, "agricultural commodities"
means: | 14 | | (1) cultivated plants or agricultural produce grown
| 15 | | including, but is not limited to, corn, soybeans, wheat, | 16 | | oats, grain sorghum, canola, and rice; | 17 | | (2) livestock, including but not limited to hogs, | 18 | | equine, sheep, and poultry; | 19 | | (3) ensilage; and | 20 | | (4) fruits and vegetables.
| 21 | | Permits may be issued for a
period not to exceed 40 days | 22 | | and moves may be made of a distance not to
exceed 50 miles from | 23 | | a field, an on-farm grain storage facility, a warehouse as | 24 | | defined in the Illinois Grain Code, or a livestock management | 25 | | facility as defined in the Livestock Management Facilities Act | 26 | | over any
highway except the National System of Interstate and |
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| 1 | | Defense Highways. The operator of the vehicle,
however, must | 2 | | abide by posted bridge and posted highway weight limits. All | 3 | | implements of husbandry operating under this Section between | 4 | | sunset and sunrise shall be equipped as prescribed in Section | 5 | | 12-205.1.
| 6 | | (e-1) Upon a declaration by the Governor that an emergency | 7 | | harvest situation
exists, a special permit issued by the | 8 | | Department under this Section shall not
be required from | 9 | | September 1 through December 31 during harvest season
| 10 | | emergencies, provided that the weight does not exceed 20% above | 11 | | the limits
provided in Section 15-111. All other restrictions | 12 | | that apply to permits
issued under this Section shall apply | 13 | | during the declared time period. With
respect to highways under | 14 | | the jurisdiction of local authorities, the local
authorities | 15 | | may, at their discretion, waive special permit requirements | 16 | | during
harvest season emergencies. This permit exemption shall | 17 | | apply to all vehicles
eligible to obtain permits under this | 18 | | Section, including commercial vehicles in
use during the | 19 | | declared time period.
| 20 | | (f) The form and content of the permit shall be determined | 21 | | by the
Department with respect to highways under its | 22 | | jurisdiction and by local
authorities with respect to highways | 23 | | under their jurisdiction. Every permit
shall be in written form | 24 | | and carried in the vehicle or combination of
vehicles to which | 25 | | it refers and shall be open to inspection by any
police officer | 26 | | or authorized agent of any authority granting the permit
and no |
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| 1 | | person shall violate any of the terms or conditions of such
| 2 | | special permit. Violation of the terms and conditions of the | 3 | | permit
shall not be deemed a revocation of the permit; however, | 4 | | any vehicle and load
found to be off the route prescribed in | 5 | | the permit shall be held to be
operating without a permit. Any | 6 | | off route vehicle and load shall be required
to obtain a new | 7 | | permit or permits, as necessary, to authorize the movement back
| 8 | | onto the original permit routing. No rule or regulation, nor | 9 | | anything herein
shall be construed to authorize any police | 10 | | officer, court, or authorized agent
of any authority granting | 11 | | the permit to remove the permit from the possession
of the | 12 | | permittee unless the permittee is charged with a fraudulent | 13 | | permit
violation as provided in paragraph (i). However, upon | 14 | | arrest for an offense of
violation of permit, operating without | 15 | | a permit when the vehicle is off route,
or any size or weight | 16 | | offense under this Chapter when the permittee plans to
raise | 17 | | the issuance of the permit as a defense, the permittee, or his | 18 | | agent,
must produce the permit at any court hearing concerning | 19 | | the alleged offense.
| 20 | | If the permit designates and includes a routing to a | 21 | | certified scale, the
permitee, while enroute to the designated | 22 | | scale, shall be deemed in compliance
with the weight provisions | 23 | | of the permit provided the axle or gross weights
do not exceed | 24 | | any of the permitted limits by more than the following amounts:
| 25 | | Single axle 2000 pounds
| 26 | | Tandem axle 3000 pounds
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| 1 | | Gross 5000 pounds
| 2 | | (g) The Department is authorized to adopt, amend, and to | 3 | | make
available to interested persons a policy concerning | 4 | | reasonable rules,
limitations and conditions or provisions of | 5 | | operation upon highways
under its jurisdiction in addition to | 6 | | those contained in this Section
for the movement by special | 7 | | permit of vehicles, combinations, or loads
which cannot | 8 | | reasonably be dismantled or disassembled, including
| 9 | | manufactured and modular home sections and portions thereof. | 10 | | All rules,
limitations and conditions or provisions adopted in | 11 | | the policy shall
have due regard for the safety of the | 12 | | traveling public and the protection
of the highway system and | 13 | | shall have been promulgated in conformity with
the provisions | 14 | | of the Illinois Administrative Procedure Act. The
requirements | 15 | | of the policy for flagmen and escort vehicles shall be the
same | 16 | | for all moves of comparable size and weight. When escort | 17 | | vehicles are
required, they shall meet the following | 18 | | requirements:
| 19 | | (1) All operators shall be 18 years of age or over and | 20 | | properly
licensed to operate the vehicle.
| 21 | | (2) Vehicles escorting oversized loads more than | 22 | | 12-feet wide must
be equipped with a rotating or flashing | 23 | | amber light mounted on top as specified
under Section | 24 | | 12-215.
| 25 | | The Department shall establish reasonable rules and | 26 | | regulations
regarding liability insurance or self insurance |
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| 1 | | for vehicles with
oversized loads promulgated under The | 2 | | Illinois Administrative Procedure
Act. Police vehicles may be | 3 | | required for escort under circumstances as
required by rules | 4 | | and regulations of the Department.
| 5 | | (h) Violation of any rule, limitation or condition or | 6 | | provision of
any permit issued in accordance with the | 7 | | provisions of this Section
shall not render the entire permit | 8 | | null and void but the violator shall
be deemed guilty of | 9 | | violation of permit and guilty of exceeding any size,
weight or | 10 | | load limitations in excess of those authorized by the permit.
| 11 | | The prescribed route or routes on the permit are not mere | 12 | | rules, limitations,
conditions, or provisions of the permit, | 13 | | but are also the sole extent of the
authorization granted by | 14 | | the permit. If a vehicle and load are found to be
off the route | 15 | | or routes prescribed by any permit authorizing movement,
the | 16 | | vehicle and load are operating without a permit. Any off route | 17 | | movement
shall be subject to the size and weight maximums, | 18 | | under the applicable
provisions of this Chapter, as determined | 19 | | by the type or class highway upon
which the vehicle and load | 20 | | are being operated.
| 21 | | (i) Whenever any vehicle is operated or movement made under | 22 | | a
fraudulent permit the permit shall be void, and the person, | 23 | | firm, or
corporation to whom such permit was granted, the | 24 | | driver of such vehicle
in addition to the person who issued | 25 | | such permit and any accessory,
shall be guilty of fraud and | 26 | | either one or all persons may be prosecuted
for such violation. |
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| 1 | | Any person, firm, or corporation committing such
violation | 2 | | shall be guilty of a Class 4 felony and the Department shall
| 3 | | not issue permits to the person, firm or corporation convicted | 4 | | of such
violation for a period of one year after the date of | 5 | | conviction.
Penalties for violations of this Section shall be | 6 | | in addition to any
penalties imposed for violation of other | 7 | | Sections of this Act.
| 8 | | (j) Whenever any vehicle is operated or movement made in | 9 | | violation
of a permit issued in accordance with this Section, | 10 | | the person to whom
such permit was granted, or the driver of | 11 | | such vehicle, is guilty of
such violation and either, but not | 12 | | both, persons may be prosecuted for
such violation as stated in | 13 | | this subsection (j). Any person, firm or
corporation convicted | 14 | | of such violation shall be guilty of a petty
offense and shall | 15 | | be fined for the first offense, not less than $50 nor
more than | 16 | | $200 and, for the second offense by the same person, firm or
| 17 | | corporation within a period of one year, not less than $200 nor | 18 | | more
than $300 and, for the third offense by the same person, | 19 | | firm or
corporation within a period of one year after the date | 20 | | of the first
offense, not less than $300 nor more than $500 and | 21 | | the Department shall
not issue permits to the person, firm or | 22 | | corporation convicted of a
third offense during a period of one | 23 | | year after the date of conviction
for such third offense.
| 24 | | (k) Whenever any vehicle is operated on local roads under | 25 | | permits
for excess width or length issued by local authorities, | 26 | | such vehicle may
be moved upon a State highway for a distance |
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| 1 | | not to exceed one-half mile
without a permit for the purpose of | 2 | | crossing the State highway.
| 3 | | (l) Notwithstanding any other provision of this Section, | 4 | | the Department,
with respect to highways under its | 5 | | jurisdiction, and local authorities, with
respect to highways | 6 | | under their jurisdiction, may at their discretion authorize
the | 7 | | movement of a vehicle in violation of any size or weight | 8 | | requirement, or
both, that would not ordinarily be eligible for | 9 | | a permit, when there is a
showing of extreme necessity that the | 10 | | vehicle and load should be moved without
unnecessary delay.
| 11 | | For the purpose of this subsection, showing of extreme | 12 | | necessity shall be
limited to the following: shipments of | 13 | | livestock, hazardous materials, liquid
concrete being hauled | 14 | | in a mobile cement mixer, or hot asphalt.
| 15 | | (m) Penalties for violations of this Section shall be in | 16 | | addition to any
penalties imposed for violating any other | 17 | | Section of this Code.
| 18 | | (n) The Department with respect to highways under its | 19 | | jurisdiction and
local
authorities with respect to highways | 20 | | under their jurisdiction, in their
discretion and upon
| 21 | | application in writing, may issue a special permit for | 22 | | continuous limited
operation,
authorizing the applicant to | 23 | | operate a tow-truck that exceeds the weight limits
provided
for | 24 | | in subsection (d) of Section 15-111, provided:
| 25 | | (1) no rear single axle of the tow-truck exceeds 26,000 | 26 | | pounds;
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| 1 | | (2) no rear tandem axle of the tow-truck exceeds 50,000 | 2 | | pounds;
| 3 | | (2.1) no triple rear axle on a manufactured recovery | 4 | | unit exceeds 60,000
pounds;
| 5 | | (3) neither the disabled vehicle nor the disabled | 6 | | combination of vehicles
exceed the
weight restrictions | 7 | | imposed by this Chapter 15, or the weight limits imposed
| 8 | | under a
permit issued by the Department prior to hookup;
| 9 | | (4) the tow-truck prior to hookup does not exceed the | 10 | | weight restrictions
imposed
by this Chapter 15;
| 11 | | (5) during the tow operation the tow-truck does not | 12 | | violate any weight
restriction
sign;
| 13 | | (6) the tow-truck is equipped with flashing, rotating, | 14 | | or oscillating
amber
lights,
visible for at least 500 feet | 15 | | in all directions;
| 16 | | (7) the tow-truck is specifically designed and | 17 | | licensed as a tow-truck;
| 18 | | (8) the tow-truck has a gross vehicle weight rating of | 19 | | sufficient
capacity to safely
handle the load;
| 20 | | (9) the tow-truck is equipped with air brakes;
| 21 | | (10) the tow-truck is capable of utilizing the lighting | 22 | | and braking
systems of the
disabled vehicle or combination | 23 | | of vehicles;
| 24 | | (11) the tow commences at the initial point of wreck or | 25 | | disablement and terminates at a point where the repairs are | 26 | | actually to occur;
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| 1 | | (12) the permit issued to the tow-truck is carried in | 2 | | the tow-truck
and
exhibited on demand by a police officer; | 3 | | and
| 4 | | (13) the movement shall be valid only on state routes | 5 | | approved by the
Department.
| 6 | | (o) The Department, with respect to highways under its
| 7 | | jurisdiction, and local authorities, with respect to highways | 8 | | under
their jurisdiction, in their discretion and upon | 9 | | application in
writing, may issue a special permit for | 10 | | continuous limited
operation, authorizing the applicant to | 11 | | transport raw milk that exceeds
the weight limits provided for | 12 | | in subsections (b) and (f) of Section 15-111 of this Code, | 13 | | provided:
| 14 | | (1) no single axle exceeds 20,000 pounds;
| 15 | | (2) no gross weight exceeds 80,000 pounds;
| 16 | | (3) permits issued by the State are good only for | 17 | | federal
and State highways and are not applicable to | 18 | | interstate highways;
and
| 19 | | (4) all road and bridge postings must be obeyed.
| 20 | | (p) In determining whether a load may be reasonably | 21 | | dismantled or disassembled for the purpose of paragraph (a), | 22 | | the Department shall consider whether there is a significant | 23 | | negative impact on the condition of the pavement and structures | 24 | | along the proposed route, whether the load or vehicle as | 25 | | proposed causes a safety hazard to the traveling public, | 26 | | whether dismantling or disassembling the load promotes or |
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| 1 | | stifles economic development and whether the proposed route | 2 | | travels less than 5 miles. A load is not required to be | 3 | | dismantled or disassembled for the purposes of paragraph (a) if | 4 | | the Secretary of the Department determines there will be no | 5 | | significant negative impact to pavement or structures along the | 6 | | proposed route, the proposed load or vehicle causes no safety | 7 | | hazard to the traveling public, dismantling or disassembling | 8 | | the load does not promote economic development and the proposed | 9 | | route travels less than 5 miles.
The Department may promulgate | 10 | | rules for the purpose of establishing the divisibility of a | 11 | | load pursuant to paragraph (a). Any load determined by the | 12 | | Secretary to be nondivisible shall otherwise comply with the | 13 | | existing size or weight maximums specified in this Chapter. | 14 | | (Source: P.A. 95-331, eff. 8-21-07; 95-666, eff. 10-11-07.)
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.
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