State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB1218eng

      605 ILCS 5/5-507          from Ch. 121, par. 5-507
          Amends the Illinois Highway Code to add a  caption  to  a
      provision concerning a county board suing on a joint contract
      with another county board.
                                                     LRB9004545NTsb
HB1218 Engrossed                               LRB9004545NTsb
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 15-316.
 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 Section 15-316 as follows:
 7        (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
 8        (Text of Section before amendment by P.A. 89-687)
 9        Sec. 15-316. When the Department, local authority or road
10    district highway  commissioner  may  restrict  right  to  use
11    highways.
12        (a)  Local   authorities   and   road   district  highway
13    commissioners  with   respect   to   highways   under   their
14    jurisdiction  may  by  ordinance  or  resolution prohibit the
15    operation  of  vehicles  upon  any  such  highway  or  impose
16    restrictions as to the weight of vehicles to be operated upon
17    any such highway, for a total period of not to exceed 90 days
18    in any one calendar year, whenever any said highway by reason
19    of deterioration, rain, snow,  or  other  climate  conditions
20    will  be  seriously  damaged  or  destroyed unless the use of
21    vehicles thereon is prohibited  or  the  permissible  weights
22    thereof reduced.
23        (b)  The   local   authority  or  road  district  highway
24    commissioner enacting any such ordinance or resolution  shall
25    erect or cause to be erected and maintained signs designating
26    the  provision  of the ordinance or resolution at each end of
27    that  portion  of  any  highway  affected  thereby,  and  the
28    ordinance or resolution shall not  be  effective  unless  and
29    until such signs are erected and maintained.
30        (c)  Local   authorities   and   road   district  highway
31    commissioners  with   respect   to   highways   under   their
HB1218 Engrossed            -2-                LRB9004545NTsb
 1    jurisdiction  may  also, by ordinance or resolution, prohibit
 2    the operation of trucks or other commercial vehicles, or  may
 3    impose  limitations  as  the  weight  thereof,  on designated
 4    highways,  which  prohibitions  and  limitations   shall   be
 5    designated by appropriate signs placed on such highways.
 6        (c-1)  The  weight  provisions of subsections (a) and (b)
 7    take precedence over the provisions of subsections (d-1)  and
 8    (d-2).
 9        (d)  The  Department  shall  likewise  have  authority as
10    hereinbefore granted to local authorities and  road  district
11    highway  commissioners  to  determine  by  resolution  and to
12    impose restrictions as to the  weight  of  vehicles  operated
13    upon  any  highway under the jurisdiction of said department,
14    and such restrictions shall be effective  when  signs  giving
15    notice thereof are erected upon the highway or portion of any
16    highway affected by such resolution.
17        (d-1)  Motor  vehicles  and motor vehicles in combination
18    with gross weights not exceeding 73,280 pounds and up  to  65
19    feet  in  overall length and 102 inches in width operating on
20    highways under the control  of  a  county  or  township  road
21    district  highway commissioner may have access for a distance
22    of 5 miles from a State designated highway for the purpose of
23    loading, unloading, services, and  home  base.  No  exemption
24    shall  be  granted  authorizing  travel  on  local roads as a
25    thoroughfare between State designated highways.
26        (d-2)  Motor vehicles and motor vehicles  in  combination
27    with  gross  weights not exceeding 73,280 pounds and up to 65
28    feet in overall length and 102 inches in width  operating  on
29    highways  under the control of municipal authorities may have
30    access for 5 miles from a State designated  highway  for  the
31    purpose of loading and unloading and one mile for food, fuel,
32    repairs,  and  rest on those municipally controlled highways.
33    No exemption shall be granted authorizing travel on municipal
34    roads as a thoroughfare between State designated highways.
HB1218 Engrossed            -3-                LRB9004545NTsb
 1        (e)  When any vehicle is operated in  violation  of  this
 2    Section,  the  owner or driver of the vehicle shall be deemed
 3    guilty of a violation and either the owner or the  driver  of
 4    the vehicle may be prosecuted for the violation.  Any person,
 5    firm,  or  corporation  convicted  of  violating this Section
 6    shall be fined $50 for any weight exceeding the posted  limit
 7    up  to  the  axle  or gross weight limit allowed a vehicle as
 8    provided for in subsections (a) or (b) of Section 15-111  and
 9    $75  per  every 500 pounds or fraction thereof for any weight
10    exceeding that which is provided for in  subsections  (a)  or
11    (b) of Section 15-111.
12    (Source: P.A. 88-384; 89-117, eff. 7-7-95.)
13        (Text of Section after amendment by P.A. 89-687)
14        Sec. 15-316. When the Department, local authority or road
15    district  highway  commissioner  may  restrict  right  to use
16    highways.
17        (a)  Local  authorities   and   road   district   highway
18    commissioners   with   respect   to   highways   under  their
19    jurisdiction may by  ordinance  or  resolution  prohibit  the
20    operation  of  vehicles  upon  any  such  highway  or  impose
21    restrictions as to the weight of vehicles to be operated upon
22    any such highway, for a total period of not to exceed 90 days
23    in any one calendar year, whenever any said highway by reason
24    of  deterioration,  rain,  snow,  or other climate conditions
25    will be seriously damaged or  destroyed  unless  the  use  of
26    vehicles  thereon  is  prohibited  or the permissible weights
27    thereof reduced.
28        (b)  The  local  authority  or  road   district   highway
29    commissioner  enacting any such ordinance or resolution shall
30    erect or cause to be erected and maintained signs designating
31    the provision of the ordinance or resolution at each  end  of
32    that  portion  of  any  highway  affected  thereby,  and  the
33    ordinance  or  resolution  shall  not be effective unless and
34    until such signs are erected and maintained.
HB1218 Engrossed            -4-                LRB9004545NTsb
 1        (c)  Local  authorities   and   road   district   highway
 2    commissioners   with   respect   to   highways   under  their
 3    jurisdiction may also, by ordinance or  resolution,  prohibit
 4    the  operation of trucks or other commercial vehicles, or may
 5    impose limitations  as  the  weight  thereof,  on  designated
 6    highways,   which   prohibitions  and  limitations  shall  be
 7    designated by appropriate signs placed on such highways.
 8        (c-1)  The weight provisions of subsections (a), (b), and
 9    (c) take precedence over the provisions of subsections  (d-1)
10    and (d-2).
11        (d)  The  Department  shall  likewise  have  authority as
12    hereinbefore granted to local authorities and  road  district
13    highway  commissioners  to  determine  by  resolution  and to
14    impose restrictions as to the  weight  of  vehicles  operated
15    upon  any  highway under the jurisdiction of said department,
16    and such restrictions shall be effective  when  signs  giving
17    notice thereof are erected upon the highway or portion of any
18    highway affected by such resolution.
19        (d-1)  Motor  vehicles  and motor vehicles in combination
20    with gross weights not exceeding 73,280 pounds and up  to  65
21    feet  in  overall length and 102 inches in width operating on
22    highways under the control  of  a  county  or  township  road
23    district  highway commissioner may have access for a distance
24    of 5 miles from a State designated highway for the purpose of
25    loading, unloading, services, and  home  base.  No  exemption
26    shall  be  granted  authorizing  travel  on  local roads as a
27    thoroughfare between State designated highways.
28        (d-2)  Motor vehicles and motor vehicles  in  combination
29    with  gross  weights not exceeding 73,280 pounds and up to 65
30    feet in overall length and 102 inches in width  operating  on
31    highways  under the control of municipal authorities may have
32    access for 5 miles from a State designated  highway  for  the
33    purpose of loading and unloading and one mile for food, fuel,
34    repairs,  and  rest on those municipally controlled highways.
HB1218 Engrossed            -5-                LRB9004545NTsb
 1    No exemption shall be granted authorizing travel on municipal
 2    roads as a thoroughfare between State designated highways.
 3        (e)  When any vehicle is operated in  violation  of  this
 4    Section,  the  owner or driver of the vehicle shall be deemed
 5    guilty of a violation and either the owner or the  driver  of
 6    the vehicle may be prosecuted for the violation.  Any person,
 7    firm,  or  corporation  convicted  of  violating this Section
 8    shall be fined $50 for any weight exceeding the posted  limit
 9    up  to  the  axle  or gross weight limit allowed a vehicle as
10    provided for in subsections (a) or (b) of Section 15-111  and
11    $75  per  every 500 pounds or fraction thereof for any weight
12    exceeding that which is provided for in  subsections  (a)  or
13    (b) of Section 15-111.
14        (f)  A  municipality  is  authorized  to enforce a county
15    weight limit ordinance applying to county highways within its
16    corporate limits and is entitled to the proceeds of any fines
17    collected from the enforcement.
18    (Source: P.A.  88-384;  89-117,  eff.  7-7-95;  89-687,  eff.
19    6-1-97.)
20        Section 95.  No acceleration or delay.   Where  this  Act
21    makes changes in a statute that is represented in this Act by
22    text  that  is not yet or no longer in effect (for example, a
23    Section represented by multiple versions), the  use  of  that
24    text  does  not  accelerate or delay the taking effect of (i)
25    the changes made by this Act or (ii) provisions derived  from
26    any other Public Act.

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