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90_HB0762eng
625 ILCS 5/2-123 from Ch. 95 1/2, par. 2-123
625 ILCS 5/4-201 from Ch. 95 1/2, par. 4-201
625 ILCS 5/4-204 from Ch. 95 1/2, par. 4-204
625 ILCS 5/4-208 from Ch. 95 1/2, par. 4-208
625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215
625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
Amends the Illinois Vehicle Code. Provides that notations
of accident involvement that may be disclosed shall not
include notations relating to damage to a vehicle or other
property being transported by a tow truck. Provides that a
towing service may begin to process an unclaimed vehicle as
abandoned by requesting a record search by the Secretary of
State up to 10 days after the date of the tow or a later date
acceptable to the Secretary. Provides that a law enforcement
agency shall set forth and provide to the public in writing
its policies, standards, and procedures to be used in
determining which towing services shall be authorized to tow.
Provides that the notice sent to a vehicle owner after a law
enforcement agency or towing service has impounded a vehicle
shall contain certain information. Provides that oscillating,
rotating, or flashing lights on a second division vehicle
that tows or hoists vehicles shall not be lighted unless the
vehicles are traveling slower than the flow of traffic or if
use of these lights is otherwise necessary to prevent a
traffic hazard. Provides that axle weight limits shall not
apply if the towing of vehicles does not exceed 25 miles.
Provides that the towing of vehicles on highways shall not
exceed 25 (instead of 15) miles. Makes other changes.
Effective immediately.
LRB9000829NTsbA
HB0762 Engrossed LRB9000829NTsbA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 2-123, 4-201, 4-208, 12-215, and 15-111.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 2-123, 4-201, 4-208, 12-215, and 15-111 as
7 follows:
8 (625 ILCS 5/2-123) (from Ch. 95 1/2, par. 2-123)
9 Sec. 2-123. Sale and Distribution of Information.
10 (a) Except as otherwise provided in this Section, the
11 Secretary may make the driver's license, vehicle and title
12 registration lists, in part or in whole, and any statistical
13 information derived from these lists available to local
14 governments, elected state officials, state educational
15 institutions, public libraries and all other governmental
16 units of the State and Federal Government requesting them for
17 governmental purposes. The Secretary shall require any such
18 applicant for services to pay for the costs of furnishing
19 such services and the use of the equipment involved, and in
20 addition is empowered to establish prices and charges for the
21 services so furnished and for the use of the electronic
22 equipment utilized.
23 (b) The Secretary is further empowered to and he may, in
24 his discretion, furnish to any applicant, other than listed
25 in subsection (a) of this Section, vehicle or driver data on
26 a computer tape, disk, or printout at a fixed fee of $200 in
27 advance and require in addition a further sufficient deposit
28 based upon the Secretary of State's estimate of the total
29 cost of the information requested and a charge of $20 per
30 1,000 units or part thereof identified or the actual cost,
31 whichever is greater. The Secretary is authorized to refund
HB0762 Engrossed -2- LRB9000829NTsbA
1 any difference between the additional deposit and the actual
2 cost of the request. This service shall not be in lieu of an
3 abstract of a driver's record nor of a title or registration
4 search. The information sold pursuant to this subsection
5 shall be the entire vehicle or driver data list, or part
6 thereof.
7 (c) Secretary of State may issue registration lists.
8 The Secretary of State shall compile and publish, at least
9 annually, a list of all registered vehicles. Each list of
10 registered vehicles shall be arranged serially according to
11 the registration numbers assigned to registered vehicles and
12 shall contain in addition the names and addresses of
13 registered owners and a brief description of each vehicle
14 including the serial or other identifying number thereof.
15 Such compilation may be in such form as in the discretion of
16 the Secretary of State may seem best for the purposes
17 intended.
18 (d) The Secretary of State shall furnish no more than 2
19 current available lists of such registrations to the sheriffs
20 of all counties and to the chiefs of police of all cities and
21 villages and towns of 2,000 population and over in this State
22 at no cost. Additional copies may be purchased at the fee of
23 $400 each or at the cost of producing the list as determined
24 by the Secretary of State.
25 (e) The Secretary of State shall upon written request
26 and the payment of the fee of $400 furnish the current
27 available list of such motor vehicle registrations to any
28 person so long as the supply of available registration lists
29 shall last.
30 (e-1) Commercial purchasers of driver and vehicle record
31 databases shall enter into a written agreement with the
32 Secretary of State that includes disclosure of the commercial
33 use of the intended purchase. Affected drivers, vehicle
34 owners, or registrants may request that their personally
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1 identifiable information not be used for commercial
2 solicitation purposes.
3 (f) Title or registration search and certification
4 thereof - Fee. The Secretary of State shall make a title or
5 registration search of the records of his office and a
6 written report on the same for any person, upon written
7 application of such person, accompanied by a fee of $4 for
8 each registration or title search. No fee shall be charged
9 for a title or registration search, or for the certification
10 thereof requested by a government agency.
11 The Secretary of State shall certify a title or
12 registration record upon written request. The fee for
13 certification shall be $4 in addition to the fee required for
14 a title or registration search. Certification shall be made
15 under the signature of the Secretary of State and shall be
16 authenticated by Seal of the Secretary of State.
17 The Secretary of State may notify the vehicle owner or
18 registrant of the request for purchase of his title or
19 registration information as the Secretary deems appropriate.
20 The vehicle owner or registrant residence address and
21 other personally identifiable information on the record shall
22 not be disclosed. This nondisclosure shall not apply to
23 requests made by law enforcement officials, government
24 agencies, financial institutions, attorneys, insurers,
25 employers, automobile associated businesses, other business
26 entities for purposes consistent with the Illinois Vehicle
27 Code, the vehicle owner or registrant, or other entities as
28 the Secretary may exempt by rule and regulation. This
29 information may be withheld from the entities listed above,
30 except law enforcement and government agencies upon
31 presentation of a valid court order of protection for the
32 duration of the order.
33 No information shall be released to the requestor until
34 expiration of a 10 day period. This 10 day period shall not
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1 apply to requests for information made by law enforcement
2 officials, government agencies, financial institutions,
3 attorneys, insurers, employers, automobile associated
4 businesses, persons licensed as a private detective or firms
5 licensed as a private detective agency under the Private
6 Detective, Private Alarm, and Private Security Act of 1983,
7 who are employed by or are acting on behalf of law
8 enforcement officials, government agencies, financial
9 institutions, attorneys, insurers, employers, automobile
10 associated businesses, and other business entities for
11 purposes consistent with the Illinois Vehicle Code, the
12 vehicle owner or registrant or other entities as the
13 Secretary may exempt by rule and regulation.
14 Any misrepresentation made by a requestor of title or
15 vehicle information shall be punishable as a petty offense,
16 except in the case of persons licensed as a private detective
17 or firms licensed as a private detective agency which shall
18 be subject to disciplinary sanctions under Section 22 or 25
19 of the Private Detective, Private Alarm, and Private Security
20 Act of 1983.
21 (g) 1. The Secretary of State may, upon receipt of a
22 written request and a fee of $5, furnish to the person or
23 agency so requesting a driver's record. Such document
24 may include a record of: current driver's license
25 issuance information, except that the information on
26 judicial driving permits shall be available only as
27 otherwise provided by this Code; convictions; orders
28 entered revoking, suspending or cancelling a driver's
29 license or privilege; and notations of accident
30 involvement. All other information, unless otherwise
31 permitted by this Code, shall remain confidential.
32 2. The Secretary of State may certify an abstract
33 of a driver's record upon written request therefor.
34 Such certification shall be made under the signature of
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1 the Secretary of State and shall be authenticated by the
2 Seal of his office.
3 3. All requests for driving record information
4 shall be made in a manner prescribed by the Secretary.
5 The Secretary of State may notify the affected
6 driver of the request for purchase of his driver's record
7 as the Secretary deems appropriate.
8 The affected driver residence address and other
9 personally identifiable information on the record shall
10 not be disclosed. This nondisclosure shall not apply to
11 requests made by law enforcement officials, government
12 agencies, financial institutions, attorneys, insurers,
13 employers, automobile associated businesses, other
14 business entities for purposes consistent with the
15 Illinois Vehicle Code, the affected driver, or other
16 entities as the Secretary may exempt by rule and
17 regulation. This information may be withheld from the
18 entities listed above, except law enforcement and
19 government agencies, upon presentation of a valid court
20 order of protection for the duration of the order.
21 No information shall be released to the requester
22 until expiration of a 10 day period. This 10 day period
23 shall not apply to requests for information made by law
24 enforcement officials, government agencies, financial
25 institutions, attorneys, insurers, employers, automobile
26 associated businesses, persons licensed as a private
27 detective or firms licensed as a private detective agency
28 under the Private Detective, Private Alarm, and Private
29 Security Act of 1983, who are employed by or are acting
30 on behalf of law enforcement officials, government
31 agencies, financial institutions, attorneys, insurers,
32 employers, automobile associated businesses, and other
33 business entities for purposes consistent with the
34 Illinois Vehicle Code, the affected driver or other
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1 entities as the Secretary may exempt by rule and
2 regulation.
3 Any misrepresentation made by a requestor of driver
4 information shall be punishable as a petty offense,
5 except in the case of persons licensed as a private
6 detective or firms licensed as a private detective agency
7 which shall be subject to disciplinary sanctions under
8 Section 22 or 25 of the Private Detective, Private Alarm,
9 and Private Security Act of 1983.
10 4. The Secretary of State may furnish without fee,
11 upon the written request of a law enforcement agency, any
12 information from a driver's record on file with the
13 Secretary of State when such information is required in
14 the enforcement of this Code or any other law relating to
15 the operation of motor vehicles, including records of
16 dispositions; documented information involving the use of
17 a motor vehicle; whether such individual has, or
18 previously had, a driver's license; and the address and
19 personal description as reflected on said driver's
20 record.
21 5. Except as otherwise provided in this Section,
22 the Secretary of State may furnish, without fee,
23 information from an individual driver's record on file,
24 if a written request therefor is submitted by any public
25 transit system or authority, public defender, law
26 enforcement agency, a state or federal agency, or an
27 Illinois local intergovernmental association, if the
28 request is for the purpose of a background check of
29 applicants for employment with the requesting agency, or
30 for the purpose of an official investigation conducted by
31 the agency, or to determine a current address for the
32 driver so public funds can be recovered or paid to the
33 driver, or for any other lawful purpose.
34 The Secretary may also furnish the courts a copy of
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1 an abstract of a driver's record, without fee, subsequent
2 to an arrest for a violation of Section 11-501 or a
3 similar provision of a local ordinance. Such abstract
4 may include records of dispositions; documented
5 information involving the use of a motor vehicle as
6 contained in the current file; whether such individual
7 has, or previously had, a driver's license; and the
8 address and personal description as reflected on said
9 driver's record.
10 6. Any abstract issued by the Secretary of State
11 pursuant to this Section, to a court or on request of a
12 law enforcement agency, for the record of a named person
13 as to the status of the person's driver's license shall
14 be prima facie evidence of the facts therein stated and
15 if the name appearing in such abstract is the same as
16 that of a person named in an information or warrant, such
17 abstract shall be prima facie evidence that the person
18 named in such information or warrant is the same person
19 as the person named in such abstract.
20 7. Subject to any restrictions contained in the
21 Juvenile Court Act of 1987, and upon receipt of a proper
22 request and a fee of $5, the Secretary of State shall
23 provide a driver's record to the affected driver, or the
24 affected driver's attorney, upon verification. Such
25 record shall contain all the information referred to in
26 paragraph 1 of this subsection (g) plus: any recorded
27 accident involvement as a driver; information recorded
28 pursuant to subsection (e) of Section 6-117 and paragraph
29 4 of subsection (a) of Section 6-204 of this Code. All
30 other information, unless otherwise permitted by this
31 Code, shall remain confidential.
32 (h) The Secretary shall not disclose social security
33 numbers except pursuant to a written request by, or with the
34 prior written consent of, the individual except to: (1)
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1 officers and employees of the Secretary who have a need to
2 know the social security numbers in performance of their
3 official duties, (2) law enforcement officials for a lawful,
4 civil or criminal law enforcement investigation, and if the
5 head of the law enforcement agency has made a written request
6 to the Secretary specifying the law enforcement investigation
7 for which the social security numbers are being sought, (3)
8 the United States Department of Transportation, or any other
9 State, pursuant to the administration and enforcement of the
10 Commercial Motor Vehicle Safety Act of 1986, (4) pursuant to
11 the order of a court of competent jurisdiction, or (5) the
12 Department of Public Aid for utilization in the child support
13 enforcement duties assigned to that Department under
14 provisions of the Public Aid Code after the individual has
15 received advanced meaningful notification of what
16 redisclosure is sought by the Secretary in accordance with
17 the federal Privacy Act; provided, the redisclosure shall not
18 be authorized by the Secretary prior to September 30, 1992.
19 (i) The Secretary of State is empowered to promulgate
20 rules and regulations to effectuate this Section.
21 (j) Medical statements or medical reports received in
22 the Secretary of State's Office shall be confidential. No
23 confidential information may be open to public inspection or
24 the contents disclosed to anyone, except officers and
25 employees of the Secretary who have a need to know the
26 information contained in the medical reports and the Driver
27 License Medical Advisory Board, unless so directed by an
28 order of a court of competent jurisdiction.
29 (k) All fees collected under this Section shall be paid
30 into the Road Fund of the State Treasury, except that $3 of
31 the $5 fee for a driver's record shall be paid into the
32 Secretary of State Special Services Fund.
33 (l) The Secretary of State shall report his
34 recommendations to the General Assembly by January 1, 1993,
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1 regarding the sale and dissemination of the information
2 maintained by the Secretary, including the sale of lists of
3 driver and vehicle records.
4 (m) Notations of accident involvement that may be
5 disclosed under this Section shall not include notations
6 relating to damage to a vehicle or other property being
7 transported by a tow truck. This information shall remain
8 confidential, provided that nothing in this subsection (m)
9 shall limit disclosure of any notification of accident
10 involvement to any law enforcement agency or official.
11 (Source: P.A. 88-208; 88-363; 88-670, eff. 12-2-94; 89-503,
12 eff. 7-1-96.)
13 (625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
14 Sec. 4-201. Abandonment of vehicles prohibited.
15 (a) The abandonment of a vehicle or any part thereof on
16 any highway in this State is unlawful and subject to
17 penalties as set forth under Penalty Section 4-214 of this
18 Chapter.
19 (b) The abandonment of a vehicle or any part thereof on
20 private or public property, other than a highway, in view of
21 the general public, anywhere in this State is unlawful except
22 on property of the owner or bailee of such abandoned vehicle.
23 A vehicle or any part thereof so abandoned on private
24 property shall be authorized for removal, by a law
25 enforcement agency having jurisdiction, after a waiting
26 period of 7 days or more, or may be removed immediately if
27 determined to be a hazardous dilapidated motor vehicle under
28 Section 11-40-3.1 of the Illinois Municipal Code. A violation
29 of subsections (a) or (b) of this Section is subject to
30 penalties as set forth under Section 4-214 of this Chapter.
31 (c) A towing service may begin to process an unclaimed
32 vehicle as abandoned by requesting a record search by the
33 Secretary of State up to 10 days after the date of the tow,
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1 or any later date acceptable to the Secretary of State. This
2 subsection (c) shall not apply to vehicles towed by order or
3 authorization of a law enforcement agency.
4 (Source: P.A. 86-460.)
5 (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
6 Sec. 4-208. Disposal of unclaimed vehicles.
7 (a) In cities having a population of more than 500,000,
8 whenever an abandoned, lost, stolen or unclaimed vehicle, or
9 vehicle determined to be a hazardous dilapidated motor
10 vehicle pursuant to Section 11-40-3.1 of the Illinois
11 Municipal Code, remains unclaimed by the registered owner,
12 lienholder or other legally entitled person for a period of
13 15 days after notice has been given under Sections 4-205 and
14 4-206 of this Code, the vehicle shall be disposed, pursuant
15 to the provisions of the "Municipal purchasing act for cities
16 of 500,000 or more population", to a person licensed as an
17 automotive parts recycler, rebuilder or scrap processor under
18 Chapter 5 of this Code.
19 (b) Except as provided in Section 4-208 for cities with
20 more than 500,000 inhabitants, when an abandoned, lost,
21 stolen or unclaimed vehicle 7 years of age or newer remains
22 unclaimed by the registered owner, lienholder or other
23 legally entitled persons for a period of 30 days after notice
24 has been given as provided in Sections 4-205 and 4-206 of
25 this Code, the law enforcement agency or towing service
26 having possession of the vehicle shall cause it to be sold at
27 public auction to a person licensed as an automotive parts
28 recycler, rebuilder or scrap processor under Chapter 5 of
29 this Code or the towing operator which towed the vehicle.
30 Notice of the time and place of the sale shall be posted in a
31 conspicuous place for at least 10 days prior to the sale on
32 the premises where the vehicle has been impounded. At least
33 10 days prior to the sale, the law enforcement agency where
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1 the vehicle is impounded, or the towing service where the
2 vehicle is impounded, shall cause a notice of the time and
3 place of the sale to be sent by certified mail to the
4 registered owner, lienholder, or other legally entitled
5 persons. Such Notice as provided in Sections 4-205 and 4-206
6 of this Code and as provided in this subsection (b) shall
7 state the time and place of sale and shall contain a complete
8 description of the vehicle to be sold and what steps must be
9 taken by any legally entitled person to reclaim the vehicle.
10 (c) If an abandoned, lost, stolen, or unclaimed vehicle
11 displays dealer plates, notice under this Section and Section
12 4-209 of this Code shall be sent to both the dealer and the
13 registered owner, lienholder, or other legally entitled
14 persons.
15 (d) In those instances where the certified notification
16 specified in Sections 4-205 and 4-206 of this Code has been
17 returned by the postal authorities to the law enforcement
18 agency or towing service due to the addressee having moved,
19 or being unknown at the address obtained from the
20 registration records of this State, the sending of a second
21 certified notice will not be required.
22 (Source: P.A. 89-433, eff. 12-15-95.)
23 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215)
24 (Text of Section before amendment by P.A. 89-507)
25 Sec. 12-215. Oscillating, rotating or flashing lights on
26 motor vehicles. Except as otherwise provided in this Code:
27 (a) The use of red or white oscillating, rotating or
28 flashing lights, whether lighted or unlighted, is prohibited
29 except on:
30 1. Law enforcement vehicles of State, Federal or
31 local authorities;
32 2. A vehicle operated by a police officer or county
33 coroner and designated or authorized by local
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1 authorities, in writing, as a law enforcement vehicle;
2 however, such designation or authorization must be
3 carried in the vehicle;
4 3. Vehicles of local fire departments and State or
5 federal firefighting vehicles;
6 4. Vehicles which are designed and used exclusively
7 as ambulances or rescue vehicles; furthermore, such
8 lights shall not be lighted except when responding to an
9 emergency call for and while actually conveying the sick
10 or injured; and
11 5. Tow trucks licensed in a state that requires
12 such lights; furthermore, such lights shall not be
13 lighted on any such tow truck while the tow truck is
14 operating in the State of Illinois.
15 (b) The use of amber oscillating, rotating or flashing
16 lights, whether lighted or unlighted, is prohibited except
17 on:
18 1. Second division vehicles designed and used for
19 towing or hoisting vehicles; furthermore, such lights
20 shall not be lighted except as required in this paragraph
21 1; such lights shall be lighted when such vehicles are
22 actually being used at the scene of an accident or
23 disablement; if the towing vehicle is equipped with a
24 flat bed that supports all wheels of the vehicle being
25 transported, the lights shall not be lighted while the
26 vehicle is engaged in towing on a highway; if the towing
27 vehicle is not equipped with a flat bed that supports all
28 wheels of a vehicle being transported, the lights shall
29 be lighted and while the such towing vehicle is vehicles
30 are engaged in towing on a highway during all times when
31 the use of headlights is required under Section 12-201 of
32 this Code;
33 2. Motor vehicles or equipment of the State of
34 Illinois, local authorities and contractors; furthermore,
HB0762 Engrossed -13- LRB9000829NTsbA
1 such lights shall not be lighted except while such
2 vehicles are engaged in maintenance or construction
3 operations within the limits of construction projects;
4 3. Vehicles or equipment used by engineering or
5 survey crews; furthermore, such lights shall not be
6 lighted except while such vehicles are actually engaged
7 in work on a highway;
8 4. Vehicles of public utilities, municipalities, or
9 other construction, maintenance or automotive service
10 vehicles except that such lights shall be lighted only as
11 a means for indicating the presence of a vehicular
12 traffic hazard requiring unusual care in approaching,
13 overtaking or passing while such vehicles are engaged in
14 maintenance, service or construction on a highway;
15 5. Oversized vehicle or load; however, such lights
16 shall only be lighted when moving under permit issued by
17 the Department under Section 15-301 of this Code;
18 6. The front and rear of motorized equipment owned
19 and operated by the State of Illinois or any political
20 subdivision thereof, which is designed and used for
21 removal of snow and ice from highways;
22 7. Fleet safety vehicles registered in another
23 state, furthermore, such lights shall not be lighted
24 except as provided for in Section 12-212 of this Code;
25 8. Such other vehicles as may be authorized by
26 local authorities;
27 9. Law enforcement vehicles of State or local
28 authorities when used in combination with red
29 oscillating, rotating or flashing lights;
30 10. Vehicles used for collecting or delivering mail
31 for the United States Postal Service provided that such
32 lights shall not be lighted except when such vehicles are
33 actually being used for such purposes;
34 11. Any vehicle displaying a slow-moving vehicle
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1 emblem as provided in Section 12-205.1;
2 12. All trucks equipped with self-compactors or
3 roll-off hoists and roll-on containers for garbage or
4 refuse hauling. Such lights shall not be lighted except
5 when such vehicles are actually being used for such
6 purposes;
7 13. Vehicles used by a security company, alarm
8 responder, or control agency, if the security company,
9 alarm responder, or control agency is bound by a contract
10 with a federal, State, or local government entity to use
11 the lights; and
12 14. Security vehicles of the Department of Mental
13 Health and Developmental Disabilities; however, the
14 lights shall not be lighted except when being used for
15 security related purposes under the direction of the
16 superintendent of the facility where the vehicle is
17 located.
18 (c) The use of blue oscillating, rotating or flashing
19 lights, whether lighted or unlighted is prohibited except:
20 1. On vehicles owned or fully operated by a:
21 voluntary firefighter;
22 paid firefighter;
23 part-paid firefighter;
24 call firefighter;
25 member of the board of trustees of a fire
26 protection district;
27 paid or unpaid member of a rescue squad;
28 paid or unpaid member of a voluntary ambulance
29 unit;
30 rescue squad vehicles not owned by a fire
31 department.
32 However, such lights are not to be lighted except
33 when responding to a bona fide emergency.
34 2. Police department vehicles in cities having a
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1 population of 500,000 or more inhabitants.
2 3. Law enforcement vehicles of State or local
3 authorities when used in combination with red
4 oscillating, rotating or flashing lights.
5 4. Vehicles of local fire departments and State or
6 federal firefighting vehicles when used in combination
7 with red oscillating, rotating or flashing lights.
8 5. Vehicles which are designed and used exclusively
9 as ambulances or rescue vehicles when used in combination
10 with red oscillating, rotating or flashing lights;
11 furthermore, such lights shall not be lighted except when
12 responding to an emergency call.
13 (d) The use of a combination of amber and white
14 oscillating, rotating or flashing lights, whether lighted or
15 unlighted, is prohibited, except motor vehicles or equipment
16 of the State of Illinois, local authorities and contractors
17 may be so equipped; furthermore, such lights shall not be
18 lighted except while such vehicles are engaged in highway
19 maintenance or construction operations within the limits of
20 highway construction projects.
21 (e) All oscillating, rotating or flashing lights
22 referred to in this Section shall be of sufficient intensity,
23 when illuminated, to be visible at 500 feet in normal
24 sunlight.
25 (f) Nothing in this Section shall prohibit a
26 manufacturer of oscillating, rotating or flashing lights or
27 his representative from temporarily mounting such lights on a
28 vehicle for demonstration purposes only.
29 (g) Any person violating the provisions of subsections
30 (a), (b), (c) or (d) of this Section who without lawful
31 authority stops or detains or attempts to stop or detain
32 another person shall be guilty of a Class 4 felony.
33 (h) Except as provided in subsection (g) above, any
34 person violating the provisions of subsections (a) or (c) of
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1 this Section shall be guilty of a Class A misdemeanor.
2 (Source: P.A. 88-58; 88-341; 88-670, eff. 12-2-94; 89-433,
3 eff. 12-15-95.)
4 (Text of Section after amendment by P.A. 89-507)
5 Sec. 12-215. Oscillating, rotating or flashing lights on
6 motor vehicles. Except as otherwise provided in this Code:
7 (a) The use of red or white oscillating, rotating or
8 flashing lights, whether lighted or unlighted, is prohibited
9 except on:
10 1. Law enforcement vehicles of State, Federal or
11 local authorities;
12 2. A vehicle operated by a police officer or county
13 coroner and designated or authorized by local
14 authorities, in writing, as a law enforcement vehicle;
15 however, such designation or authorization must be
16 carried in the vehicle;
17 3. Vehicles of local fire departments and State or
18 federal firefighting vehicles;
19 4. Vehicles which are designed and used exclusively
20 as ambulances or rescue vehicles; furthermore, such
21 lights shall not be lighted except when responding to an
22 emergency call for and while actually conveying the sick
23 or injured; and
24 5. Tow trucks licensed in a state that requires
25 such lights; furthermore, such lights shall not be
26 lighted on any such tow truck while the tow truck is
27 operating in the State of Illinois.
28 (b) The use of amber oscillating, rotating or flashing
29 lights, whether lighted or unlighted, is prohibited except
30 on:
31 1. Second division vehicles designed and used for
32 towing or hoisting vehicles; furthermore, such lights
33 shall not be lighted except as required in this paragraph
34 1; such lights shall be lighted when such vehicles are
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1 actually being used at the scene of an accident or
2 disablement; if the towing vehicle is equipped with a
3 flat bed that supports all wheels of the vehicle being
4 transported, the lights shall not be lighted while the
5 vehicle is engaged in towing on a highway; if the towing
6 vehicle is not equipped with a flat bed that supports all
7 wheels of a vehicle being transported, the lights shall
8 be lighted and while the such towing vehicle is vehicles
9 are engaged in towing on a highway during all times when
10 the use of headlights is required under Section 12-201 of
11 this Code;
12 2. Motor vehicles or equipment of the State of
13 Illinois, local authorities and contractors; furthermore,
14 such lights shall not be lighted except while such
15 vehicles are engaged in maintenance or construction
16 operations within the limits of construction projects;
17 3. Vehicles or equipment used by engineering or
18 survey crews; furthermore, such lights shall not be
19 lighted except while such vehicles are actually engaged
20 in work on a highway;
21 4. Vehicles of public utilities, municipalities, or
22 other construction, maintenance or automotive service
23 vehicles except that such lights shall be lighted only as
24 a means for indicating the presence of a vehicular
25 traffic hazard requiring unusual care in approaching,
26 overtaking or passing while such vehicles are engaged in
27 maintenance, service or construction on a highway;
28 5. Oversized vehicle or load; however, such lights
29 shall only be lighted when moving under permit issued by
30 the Department under Section 15-301 of this Code;
31 6. The front and rear of motorized equipment owned
32 and operated by the State of Illinois or any political
33 subdivision thereof, which is designed and used for
34 removal of snow and ice from highways;
HB0762 Engrossed -18- LRB9000829NTsbA
1 7. Fleet safety vehicles registered in another
2 state, furthermore, such lights shall not be lighted
3 except as provided for in Section 12-212 of this Code;
4 8. Such other vehicles as may be authorized by
5 local authorities;
6 9. Law enforcement vehicles of State or local
7 authorities when used in combination with red
8 oscillating, rotating or flashing lights;
9 10. Vehicles used for collecting or delivering mail
10 for the United States Postal Service provided that such
11 lights shall not be lighted except when such vehicles are
12 actually being used for such purposes;
13 11. Any vehicle displaying a slow-moving vehicle
14 emblem as provided in Section 12-205.1;
15 12. All trucks equipped with self-compactors or
16 roll-off hoists and roll-on containers for garbage or
17 refuse hauling. Such lights shall not be lighted except
18 when such vehicles are actually being used for such
19 purposes;
20 13. Vehicles used by a security company, alarm
21 responder, or control agency, if the security company,
22 alarm responder, or control agency is bound by a contract
23 with a federal, State, or local government entity to use
24 the lights; and
25 14. Security vehicles of the Department of Human
26 Services; however, the lights shall not be lighted except
27 when being used for security related purposes under the
28 direction of the superintendent of the facility where the
29 vehicle is located.
30 (c) The use of blue oscillating, rotating or flashing
31 lights, whether lighted or unlighted is prohibited except:
32 1. On vehicles owned or fully operated by a:
33 voluntary firefighter;
34 paid firefighter;
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1 part-paid firefighter;
2 call firefighter;
3 member of the board of trustees of a fire
4 protection district;
5 paid or unpaid member of a rescue squad;
6 paid or unpaid member of a voluntary ambulance
7 unit;
8 rescue squad vehicles not owned by a fire
9 department.
10 However, such lights are not to be lighted except
11 when responding to a bona fide emergency.
12 2. Police department vehicles in cities having a
13 population of 500,000 or more inhabitants.
14 3. Law enforcement vehicles of State or local
15 authorities when used in combination with red
16 oscillating, rotating or flashing lights.
17 4. Vehicles of local fire departments and State or
18 federal firefighting vehicles when used in combination
19 with red oscillating, rotating or flashing lights.
20 5. Vehicles which are designed and used exclusively
21 as ambulances or rescue vehicles when used in combination
22 with red oscillating, rotating or flashing lights;
23 furthermore, such lights shall not be lighted except when
24 responding to an emergency call.
25 (d) The use of a combination of amber and white
26 oscillating, rotating or flashing lights, whether lighted or
27 unlighted, is prohibited, except motor vehicles or equipment
28 of the State of Illinois, local authorities and contractors
29 may be so equipped; furthermore, such lights shall not be
30 lighted except while such vehicles are engaged in highway
31 maintenance or construction operations within the limits of
32 highway construction projects.
33 (e) All oscillating, rotating or flashing lights
34 referred to in this Section shall be of sufficient intensity,
HB0762 Engrossed -20- LRB9000829NTsbA
1 when illuminated, to be visible at 500 feet in normal
2 sunlight.
3 (f) Nothing in this Section shall prohibit a
4 manufacturer of oscillating, rotating or flashing lights or
5 his representative from temporarily mounting such lights on a
6 vehicle for demonstration purposes only.
7 (g) Any person violating the provisions of subsections
8 (a), (b), (c) or (d) of this Section who without lawful
9 authority stops or detains or attempts to stop or detain
10 another person shall be guilty of a Class 4 felony.
11 (h) Except as provided in subsection (g) above, any
12 person violating the provisions of subsections (a) or (c) of
13 this Section shall be guilty of a Class A misdemeanor.
14 (Source: P.A. 88-58; 88-341; 88-670, eff. 12-2-94; 89-433,
15 eff. 12-15-95; 89-507, eff. 7-1-97.)
16 (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
17 Sec. 15-111. Wheel and axle loads and gross weights.
18 (a) No vehicle or combination of vehicles equipped with
19 pneumatic tires shall be operated, unladen or with load, upon
20 the highways of this State when the gross weight on the road
21 surface through any single axle thereof exceeds 18,000
22 pounds, except when a different limit is established and
23 posted in accordance with Section 15-316 and except any
24 single axle of a 2 axle motor vehicle weighing 36,000 pounds
25 or less and not a part of a combination of vehicles, shall
26 not exceed 20,000 pounds. Provided, however, that any single
27 axle of a 2 axle motor vehicle equipped with a personnel lift
28 or digger derrick, weighing 36,000 pounds or less, owned and
29 operated by a public utility, shall not exceed 20,000 pounds.
30 No vehicle or combination of vehicles equipped with other
31 than pneumatic tires shall be operated, unladen or with load,
32 upon the highways of this State when the gross weight on the
33 road surface through any wheel thereof exceeds 800 pounds per
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1 inch width of tire tread or when the gross weight on the road
2 surface through any axle thereof exceeds 16,000 pounds. An
3 axle load shall be defined as the total load transmitted to
4 the road by all wheels whose centers may be included between
5 2 parallel transverse vertical planes 40 inches apart
6 extending across the full width of the vehicle.
7 Any 2 or more single axles whose centers are more than 40
8 inches and not more than 96 inches apart, measured to the
9 nearest inch between extreme axles in the series, shall be
10 defined as tandem axles, and the gross weight transmitted to
11 the road surface through the series shall not exceed 32,000
12 pounds and no axle of the series shall exceed the maximum
13 weight permitted under this Section for a single axle.
14 Provided that on a 4 axle vehicle or on a 5 or more axle
15 combination of vehicles the weight on a series of 3 axles
16 whose centers are more than 96 inches apart, measured between
17 extreme axles in the series, shall not exceed those allowed
18 on 3 axles in the table contained in subsection (f) of this
19 Section and no axle or tandem axle of the series shall exceed
20 the maximum weight permitted under this Section for a single
21 or tandem axle. Provided also that a 3 axle vehicle or 3 axle
22 truck mixer registered as a Special Hauling Vehicle, used
23 exclusively for the mixing and transportation of concrete,
24 specially equipped with a road surface engaging mixer
25 trailing 4th axle, manufactured prior to or in the model
26 year of 2004 and first registered in Illinois prior to
27 January 1, 2005, with a distance greater than 72 inches but
28 not more than 96 inches between any series of 2 axles may
29 transmit to the road surface a maximum weight of 18,000
30 pounds on each of these axles with a gross weight on these 2
31 axles not to exceed 36,000 pounds. Any such vehicle
32 manufactured in the model year of 2004 or thereafter or first
33 registered in Illinois after December 31, 2004 may transmit
34 to the road surface a maximum of 32,000 pounds through these
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1 2 axles and none of the axles shall exceed 18,000 pounds.
2 A truck, not in combination and specially equipped with a
3 selfcompactor, or an industrial roll-off hoist and roll-off
4 container, used exclusively for garbage or refuse operations,
5 and a truck used exclusively for the collection of rendering
6 materials may, however, when laden, transmit upon the road
7 surface of any highway except when part of the National
8 System of Interstate and Defense Highways, a gross weight
9 upon a single axle not more than 22,000 pounds, and upon a
10 tandem axle not more than 40,000 pounds. When unladen,
11 however, those trucks shall comply with the axle limitations
12 applicable to all other trucks.
13 A 2 axle truck specially equipped with a front loading
14 compactor used exclusively for garbage, refuse, or recycling
15 may transmit 20,000 pounds per axle provided that the gross
16 weight of the vehicle does not exceed 40,000 pounds.
17 (b) The gross weight of vehicles and combination of
18 vehicles including the weight of the vehicle or combination
19 and its maximum load shall be subject to the foregoing
20 limitations and further shall not exceed the following gross
21 weights dependent upon the number of axles and distance
22 between extreme axles of the vehicle or combination measured
23 longitudinally to the nearest foot.
24 VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
25 VEHICLES OR COMBINATIONS
26 HAVING 3 AXLES
27 With Tandem With or
28 Axles Without
29 Tandem Axles
30 Minimum Minimum
31 distance to Maximum distance to Maximum
32 nearest foot Gross nearest foot Gross
33 between Weight between Weight
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1 extreme axles (pounds) extreme axles (pounds)
2 10 feet 41,000 16 feet 46,000
3 11 42,000 17 47,000
4 12 43,000 18 47,500
5 13 44,000 19 48,000
6 14 44,500 20 49,000
7 15 45,000 21 feet or more 50,000
8 VEHICLES OR COMBINATIONS
9 HAVING 4 AXLES
10 Minimum Minimum
11 distance to Maximum distance to Maximum
12 nearest foot Gross nearest foot Gross
13 between Weight between Weight
14 extreme axles (pounds) extreme axles (pounds)
15 15 feet 50,000 26 feet 57,500
16 16 50,500 27 58,000
17 17 51,500 28 58,500
18 18 52,000 29 59,500
19 19 52,500 30 60,000
20 20 53,500 31 60,500
21 21 54,000 32 61,500
22 22 54,500 33 62,000
23 23 55,500 34 62,500
24 24 56,000 35 63,500
25 25 56,500 36 feet or more 64,000
26 In applying the above table to a vehicle having more than
27 4 axles that is not in combination, only 4 axles shall be
28 considered in determining the maximum gross weights.
29 COMBINATIONS HAVING 5 OR MORE AXLES
30 Minimum distance to Maximum
31 nearest foot between Gross Weight
32 extreme axles (pounds)
33 42 feet or less 72,000
34 43 73,000
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1 44 feet or more 73,280
2 VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
3 TRUCKS EQUIPPED WITH SELFCOMPACTORS
4 OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
5 OR REFUSE HAULS ONLY AND TRUCKS USED FOR
6 THE COLLECTION OF RENDERING MATERIALS
7 On Highway Not Part of National System
8 of Interstate and Defense Highways
9 with 2 axles 36,000 pounds
10 with 3 axles 54,000 pounds
11 TWO AXLE TRUCKS EQUIPPED WITH
12 A FRONT LOADING COMPACTOR USED EXCLUSIVELY
13 FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
14 with 2 axles 40,000 pounds
15 (c) Cities having a population of more than 50,000 may
16 permit by ordinance axle loads on 2 axle motor vehicles 33
17 1/2% above those provided for herein, but the increase shall
18 not become effective until the city has officially notified
19 the Department of the passage of the ordinance and shall not
20 apply to those vehicles when outside of the limits of the
21 city, nor shall the gross weight of any 2 axle motor vehicle
22 operating over any street of the city exceed 40,000 pounds.
23 (d) Weight limitations shall not apply to vehicles
24 (including loads) operated by a public utility when
25 transporting equipment required for emergency repair of
26 public utility facilities or properties or water wells.
27 A combination of vehicles, including a tow truck and a
28 disabled vehicle or disabled combination of vehicles, that
29 exceeds the weight restriction imposed by this Code, may be
30 operated on a public highway in this State provided that
31 neither the disabled vehicle nor any vehicle being towed nor
32 the tow truck itself shall exceed the weight limitations
HB0762 Engrossed -25- LRB9000829NTsbA
1 permitted under this Chapter. During the towing operation,
2 neither the tow truck nor the vehicle combination shall
3 exceed the following axle weight limitations:
4 A. 24,000 pounds - Single rear axle;
5 B. 44,000 pounds - Tandem rear axle;
6 Gross weight limits shall not apply to the combination of
7 the tow truck and vehicles being towed. The tow truck
8 license plate must cover the operating empty weight of the
9 tow truck only. The weight of each vehicle being towed shall
10 be covered by a valid license plate issued to the owner or
11 operator of the vehicle being towed and displayed on that
12 vehicle. If no valid plate issued to the owner or operator of
13 that vehicle is displayed on that vehicle, or the plate
14 displayed on that vehicle does not cover the weight of the
15 vehicle, the weight of the vehicle shall be covered by the
16 third tow truck plate issued to the owner or operator of the
17 tow truck and temporarily affixed to the vehicle being towed.
18 In addition, the following conditions must be met:
19 (1) the towing vehicle must be:
20 a. specifically designed as a tow truck having
21 a gross vehicle weight rating of at least 18,000
22 lbs. and equipped with air brakes provided that air
23 brakes shall be required only if the towing vehicle
24 is towing a vehicle, semitrailer, or tractor-trailer
25 combination that is equipped with airbrakes;
26 b. equipped with flashing, rotating or
27 oscillating amber lights, visible for at least 500
28 feet in all directions; and
29 c. capable of utilizing the lighting and
30 braking systems of the disabled vehicle or
31 combination of vehicles.
32 (2) The towing of the vehicles on the highways of
33 this State shall not exceed 20 15 miles from the initial
34 point of wreck or disablement. Any additional movement of
HB0762 Engrossed -26- LRB9000829NTsbA
1 the vehicles shall only occur upon issuance of
2 authorization for that movement under the provisions of
3 Sections 15-301 through 15-319 of this Chapter.
4 The Department may by rule or regulation prescribe
5 additional requirements. However, nothing in this Code shall
6 prohibit a tow truck under instructions of a police officer
7 from legally clearing a disabled vehicle, that may be in
8 violation of weight limitations of this Chapter, from the
9 roadway to the berm or shoulder of the highway.
10 For the purpose of this subsection, gross vehicle weight
11 rating, or GVWR, shall mean the value specified by the
12 manufacturer as the loaded weight of the tow truck.
13 (e) No vehicle or combination of vehicles equipped with
14 pneumatic tires shall be operated, unladen or with load, upon
15 the highways of this State in violation of the provisions of
16 any permit issued under the provisions of Sections 15-301
17 through 15-319 of this Chapter.
18 (f) Notwithstanding any other provision in this Code,
19 except for those provisions of subsection (d) of this Section
20 relating to emergency operations of public utilities and tow
21 trucks while actually engaged in the towing of a disabled
22 vehicle, and those vehicles for which the Department issues
23 overweight permits under authority of Section 15-301 of this
24 Code, the weight limitations contained in this subsection
25 shall apply to the National System of Interstate and Defense
26 Highways and other highways in the system of State highways
27 that have been designated by the Department as Class I, II,
28 or III. No vehicle shall be operated on the highways with a
29 weight in excess of 20,000 pounds carried on any one axle or
30 with a tandem axle weight in excess of 34,000 pounds, or a
31 gross weight in excess of 80,000 pounds for vehicle
32 combinations of 5 axles or more, or a gross weight on a group
33 of 2 or more consecutive axles in excess of that weight
34 produced by the application of the following formula:
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1 W = 500 times the sum of (LN divided by N-1) + 12N + 36
2 Where "W" equals overall gross weight on any group of 2 or
3 more consecutive axles to the nearest 500 pounds; "L" equals
4 the distance measured to the nearest foot between extremes of
5 any group of 2 or more consecutive axles; and "N" equals the
6 number of axles in the group under consideration, except that
7 2 consecutive sets of tandem axles may carry a gross load of
8 34,000 pounds each, provided the overall distance between the
9 first and last axles of the consecutive sets of tandem axles
10 is 36 feet or more. Provided also that a 3-axle vehicle
11 registered as a Special Hauling Vehicle manufactured prior to
12 or in the model year of 2004, and first registered in
13 Illinois prior to January 1, 2005, with a distance greater
14 than 72 inches but not more than 96 inches between the 2 rear
15 axles may transmit to the road surface a maximum weight of
16 18,000 pounds on each of the 2 rear axles with a gross weight
17 on these 2 axles not to exceed 36,000 pounds. Any vehicle
18 registered as a Special Hauling Vehicle manufactured prior to
19 or in the model year of 2004 or thereafter or first
20 registered in Illinois after December 31, 2004, may transmit
21 to the road surface a maximum of 34,000 pounds through the 2
22 rear axles and neither of the rear axles shall exceed 20,000
23 pounds. For purposes of this subsection, tandem axles shall
24 be defined as any 2 or more single axles whose centers are
25 more than 40 inches and not more than 96 inches apart,
26 measured to the nearest inch between extreme axles in the
27 series.
28 The above formula when expressed in tabular form results
29 in allowable loads as follows:
30 Distance measured
31 to the nearest
32 foot between the
33 extremes of any Maximum load in pounds
34 group of 2 or carried on any group of
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1 more consecutive 2 or more consecutive axles
2 axles
3 feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 4 34,000
5 5 34,000
6 6 34,000
7 7 34,000
8 8 38,000* 42,000
9 9 39,000 42,500
10 10 40,000 43,500
11 11 44,000
12 12 45,000 50,000
13 13 45,500 50,500
14 14 46,500 51,500
15 15 47,000 52,000
16 16 48,000 52,500 58,000
17 17 48,500 53,500 58,500
18 18 49,500 54,000 59,000
19 19 50,000 54,500 60,000
20 20 51,000 55,500 60,500 66,000
21 21 51,500 56,000 61,000 66,500
22 22 52,500 56,500 61,500 67,000
23 23 53,000 57,500 62,500 68,000
24 24 54,000 58,000 63,000 68,500
25 25 54,500 58,500 63,500 69,000
26 26 55,500 59,500 64,000 69,500
27 27 56,000 60,000 65,000 70,000
28 28 57,000 60,500 65,500 71,000
29 29 57,500 61,500 66,000 71,500
30 30 58,500 62,000 66,500 72,000
31 31 59,000 62,500 67,500 72,500
32 32 60,000 63,500 68,000 73,000
33 33 64,000 68,500 74,000
34 34 64,500 69,000 74,500
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1 35 65,500 70,000 75,000
2 36 66,000 70,500 75,500
3 37 66,500 71,000 76,000
4 38 67,500 72,000 77,000
5 39 68,000 72,500 77,500
6 40 68,500 73,000 78,000
7 41 69,500 73,500 78,500
8 42 70,000 74,000 79,000
9 43 70,500 75,000 80,000
10 44 71,500 75,500
11 45 72,000 76,000
12 46 72,500 76,500
13 47 73,500 77,500
14 48 74,000 78,000
15 49 74,500 78,500
16 50 75,500 79,000
17 51 76,000 80,000
18 52 76,500
19 53 77,500
20 54 78,000
21 55 78,500
22 56 79,500
23 57 80,000
24 *If the distance between 2 axles is 96 inches or less, the 2
25 axles are tandem axles and the maximum load permitted is
26 34,000 pounds, notwithstanding the higher limit resulting
27 from the application of the formula.
28 In applying the above formula to a vehicle having more
29 than 4 axles that is not a combination, only 4 axles shall be
30 considered in determining the maximum gross weight, and for a
31 combination of vehicles having more than 6 axles, only 6
32 axles shall be considered in determining the maximum gross
33 weight.
34 Notwithstanding the above table, 2 consecutive sets of
HB0762 Engrossed -30- LRB9000829NTsbA
1 tandem axles may carry a gross weight of 34,000 pounds each
2 if the overall distance between the first and last axles of
3 the consecutive sets of tandem axles is 36 feet or more.
4 Local authorities and road district highway
5 commissioners, with respect to streets and highways under
6 their jurisdiction, without additional fees, may also by
7 ordinance or resolution allow the weight limitations of this
8 subsection, provided the maximum gross weight on any one axle
9 shall not exceed 20,000 pounds and the maximum gross weight
10 on any tandem axle shall not exceed 34,000 pounds, on
11 designated highways when appropriate regulatory signs giving
12 notice are erected upon the street or highway or portion of
13 any street or highway affected by the ordinance or
14 resolution.
15 Combinations of vehicles, registered as Special Hauling
16 Vehicles that include a semitrailer manufactured prior to or
17 in the model year of 2004, and first registered in Illinois
18 prior to January 1, 2005, having 5 axles with a distance of
19 42 feet or less between extreme axles shall be limited to the
20 weights prescribed in subsections (a) and (b) of this Section
21 and not subject to the bridge formula on the National System
22 of Interstate and Defense Highways and other highways in the
23 system of State highways designated by the Department. For
24 all those combinations of vehicles, that include a
25 semitrailer manufactured after the effective date of this
26 amendatory Act of 1986, the overall distance between the
27 first and last axles of the 2 sets of tandems must be 18 feet
28 6 inches or more. All combinations of vehicles registered as
29 Special Hauling Vehicles that include a semitrailer
30 manufactured prior to or in the model year of 2004 or
31 thereafter or first registered in Illinois after December 31,
32 2004, or that has had its cargo container replaced in its
33 entirety after December 31, 2004, are limited to the gross
34 weight allowed by the above formula.
HB0762 Engrossed -31- LRB9000829NTsbA
1 A truck not in combination, equipped with a self
2 compactor or an industrial roll-off hoist and roll-off
3 container, used exclusively for garbage or refuse operations,
4 shall be allowed the weights as prescribed in subsections (a)
5 and (b) of this Section and not subject to the bridge
6 formula, provided they are not operated on a highway that is
7 part of the Interstate and Defense Highway System.
8 Vehicles operating under this subsection shall have
9 access for a distance of one highway mile to or from a Class
10 I highway on any street or highway, unless there is a sign
11 prohibiting the access, or 5 highway miles to or from either
12 a Class I, II, or III highway on a street or highway included
13 in the system of State highways and upon any street or
14 highway designated by local authorities or road district
15 commissioners to points of loading and unloading and to
16 facilities for food, fuel, repairs and rest.
17 Section 5-35 of the Illinois Administrative Procedure Act
18 relating to procedures for rulemaking shall not apply to the
19 designation of highways under this subsection.
20 (g) No person shall operate a vehicle or combination of
21 vehicles over a bridge or other elevated structure
22 constituting part of a highway with a gross weight that is
23 greater than the maximum weight permitted by the Department,
24 when the structure is sign posted as provided in this
25 Section.
26 (h) The Department upon request from any local authority
27 shall, or upon its own initiative may, conduct an
28 investigation of any bridge or other elevated structure
29 constituting a part of a highway, and if it finds that the
30 structure cannot with safety to itself withstand the weight
31 of vehicles otherwise permissible under this Code the
32 Department shall determine and declare the maximum weight of
33 vehicles that the structures can withstand, and shall cause
34 or permit suitable signs stating maximum weight to be erected
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1 and maintained before each end of the structure. No person
2 shall operate a vehicle or combination of vehicles over any
3 structure with a gross weight that is greater than the posted
4 maximum weight.
5 (i) Upon the trial of any person charged with a
6 violation of subsections (g) or (h) of this Section, proof of
7 the determination of the maximum allowable weight by the
8 Department and the existence of the signs, constitutes
9 conclusive evidence of the maximum weight that can be
10 maintained with safety to the bridge or structure.
11 (Source: P.A. 88-45; 88-385; 88-403; 88-476; 88-670, eff.
12 12-2-94; 89-117, eff. 7-7-95; 89-433, eff. 12-15-95.)
13 Section 95. No acceleration or delay. Where this Act
14 makes changes in a statute that is represented in this Act by
15 text that is not yet or no longer in effect (for example, a
16 Section represented by multiple versions), the use of that
17 text does not accelerate or delay the taking effect of (i)
18 the changes made by this Act or (ii) provisions derived from
19 any other Public Act.
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.