State of Illinois
90th General Assembly
Legislation

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[ Introduced ]

90_HB1534ham001

                                           LRB9002489NTsbam02
 1                    AMENDMENT TO HOUSE BILL 1534
 2        AMENDMENT NO.     .  Amend House Bill 1534  by  replacing
 3    everything after the enacting clause with the following:
 4        "Section  5.  The  Illinois  Vehicle  Code  is amended by
 5    changing Section 15-316 as follows:
 6        (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
 7        (Text of Section before amendment by P.A. 89-687)
 8        Sec. 15-316. When the Department, local authority or road
 9    district highway  commissioner  may  restrict  right  to  use
10    highways.
11        (a)  Local   authorities   and   road   district  highway
12    commissioners  with   respect   to   highways   under   their
13    jurisdiction  may  by  ordinance  or  resolution prohibit the
14    operation  of  vehicles  upon  any  such  highway  or  impose
15    restrictions as to the weight of vehicles to be operated upon
16    any such highway, for a total period of not to exceed 90 days
17    in any one calendar year, whenever any said highway by reason
18    of deterioration, rain, snow,  or  other  climate  conditions
19    will  be  seriously  damaged  or  destroyed unless the use of
20    vehicles thereon is prohibited  or  the  permissible  weights
21    thereof reduced.
22        (b)  The   local   authority  or  road  district  highway
                            -2-            LRB9002489NTsbam02
 1    commissioner enacting any such ordinance or resolution  shall
 2    erect or cause to be erected and maintained signs designating
 3    the  provision  of the ordinance or resolution at each end of
 4    that  portion  of  any  highway  affected  thereby,  and  the
 5    ordinance or resolution shall not  be  effective  unless  and
 6    until such signs are erected and maintained.
 7        (c)  Local   authorities   and   road   district  highway
 8    commissioners  with   respect   to   highways   under   their
 9    jurisdiction  may  also, by ordinance or resolution, prohibit
10    the operation of trucks or other commercial vehicles, or  may
11    impose  limitations  as  the  weight  thereof,  on designated
12    highways,  which  prohibitions  and  limitations   shall   be
13    designated by appropriate signs placed on such highways.
14        (c-1)  The  weight  provisions of subsections (a) and (b)
15    take precedence over the provisions of subsections (d-1)  and
16    (d-2).
17        (d)  The  Department  shall  likewise  have  authority as
18    hereinbefore granted to local authorities and  road  district
19    highway  commissioners  to  determine  by  resolution  and to
20    impose restrictions as to the  weight  of  vehicles  operated
21    upon  any  highway under the jurisdiction of said department,
22    and such restrictions shall be effective  when  signs  giving
23    notice thereof are erected upon the highway or portion of any
24    highway affected by such resolution.
25        (d-1)  Motor  vehicles  and motor vehicles in combination
26    with gross weights not exceeding 73,280 pounds and up  to  65
27    feet  in  overall length and 102 inches in width operating on
28    highways under the control  of  a  county  or  township  road
29    district  highway commissioner may have access for a distance
30    of 5 miles from a State designated highway for the purpose of
31    loading, unloading, services, and  home  base.  No  exemption
32    shall  be  granted  authorizing  travel  on  local roads as a
33    thoroughfare between State designated highways.
34        (d-2)  Motor vehicles and motor vehicles  in  combination
                            -3-            LRB9002489NTsbam02
 1    with  gross  weights not exceeding 73,280 pounds and up to 65
 2    feet in overall length and 102 inches in width  operating  on
 3    highways  under the control of municipal authorities may have
 4    access for 5 miles from a State designated  highway  for  the
 5    purpose of loading and unloading and one mile for food, fuel,
 6    repairs,  and  rest on those municipally controlled highways.
 7    No exemption shall be granted authorizing travel on municipal
 8    roads as a thoroughfare between State designated highways.
 9        (e)  When any vehicle is operated in  violation  of  this
10    Section,  the  owner or driver of the vehicle shall be deemed
11    guilty of a violation and either the owner or the  driver  of
12    the vehicle may be prosecuted for the violation.  Any person,
13    firm,  or  corporation  convicted  of  violating this Section
14    shall be fined $50 for any weight exceeding the posted  limit
15    up  to  the  axle  or gross weight limit allowed a vehicle as
16    provided for in subsections (a) or (b) of Section 15-111  and
17    $75  per  every 500 pounds or fraction thereof for any weight
18    exceeding that which is provided for in  subsections  (a)  or
19    (b) of Section 15-111.
20    (Source: P.A. 88-384; 89-117, eff. 7-7-95.)
21        (Text of Section after amendment by P.A. 89-687)
22        Sec. 15-316. When the Department, local authority or road
23    district  highway  commissioner  may  restrict  right  to use
24    highways.
25        (a)  Local  authorities   and   road   district   highway
26    commissioners   with   respect   to   highways   under  their
27    jurisdiction may by  ordinance  or  resolution  prohibit  the
28    operation  of  vehicles  upon  any  such  highway  or  impose
29    restrictions as to the weight of vehicles to be operated upon
30    any such highway, for a total period of not to exceed 90 days
31    in any one calendar year, whenever any said highway by reason
32    of  deterioration,  rain,  snow,  or other climate conditions
33    will be seriously damaged or  destroyed  unless  the  use  of
34    vehicles  thereon  is  prohibited  or the permissible weights
                            -4-            LRB9002489NTsbam02
 1    thereof reduced.
 2        (b)  The  local  authority  or  road   district   highway
 3    commissioner  enacting any such ordinance or resolution shall
 4    erect or cause to be erected and maintained signs designating
 5    the provision of the ordinance or resolution at each  end  of
 6    that  portion  of  any  highway  affected  thereby,  and  the
 7    ordinance  or  resolution  shall  not be effective unless and
 8    until such signs are erected and maintained.
 9        (c)  Local  authorities   and   road   district   highway
10    commissioners   with   respect   to   highways   under  their
11    jurisdiction may also, by ordinance or  resolution,  prohibit
12    the  operation of trucks or other commercial vehicles, or may
13    impose limitations  as  the  weight  thereof,  on  designated
14    highways,   which   prohibitions  and  limitations  shall  be
15    designated by appropriate signs placed on such highways.
16        (c-1)  The weight provisions of subsections (a), (b), and
17    (c) take precedence over the provisions of subsections (d-1),
18    (d-1.5), and (d-2), and (d-3).
19        (d)  The Department  shall  likewise  have  authority  as
20    hereinbefore  granted  to local authorities and road district
21    highway commissioners  to  determine  by  resolution  and  to
22    impose  restrictions  as  to  the weight of vehicles operated
23    upon any highway under the jurisdiction of  said  department,
24    and  such  restrictions  shall be effective when signs giving
25    notice thereof are erected upon the highway or portion of any
26    highway affected by such resolution.
27        (d-1)  Motor vehicles and motor vehicles  in  combination
28    with   gross  and  axle  weights  not  exceeding  the  weight
29    limitations specified in subsection  (b)  of  Section  15-111
30    73,280  pounds  and  up  to 65 feet in overall length and 102
31    inches in width operating on highways under the control of  a
32    county  or  a township road district highway commissioner may
33    have access for a distance of 5 miles from a State designated
34    highway for the purpose of loading,  unloading,  food,  fuel,
                            -5-            LRB9002489NTsbam02
 1    rest,  repair  services, and home base. No exemption shall be
 2    granted authorizing travel on local roads as  a  thoroughfare
 3    between State designated highways.
 4        (d-1.5)  Motor vehicles and motor vehicles in combination
 5    with   gross  and  axle  weights  not  exceeding  the  weight
 6    limitations specified in subsection (f) of Section 15-111 and
 7    up to 65 feet in overall length and 102 inches in  width  and
 8    vehicles registered as special haul vehicles under subsection
 9    (b) of Section 15-315 operating on highways under the control
10    of  a  county or a road district may have access from a State
11    designated highway for the purpose of loading  or  unloading.
12    No  exemption  shall  be  granted authorizing travel on local
13    roads as a thoroughfare between designated highways.
14        (d-2)  Motor vehicles and motor vehicles  in  combination
15    with   gross  and  axle  weights  not  exceeding  the  weight
16    limitations specified in subsection  (f)  of  Section  15-111
17    73,280  pounds  and  up  to 65 feet in overall length and 102
18    inches in width operating on highways under  the  control  of
19    municipal  authorities  may  have  access  for 5 miles from a
20    State designated highway  for  the  purpose  of  loading  and
21    unloading  and  may  have access for one mile for food, fuel,
22    repairs, and rest on those municipally  controlled  highways.
23    No exemption shall be granted authorizing travel on municipal
24    roads as a thoroughfare between State designated highways.
25        (d-3)  Motor  vehicles  and motor vehicles in combination
26    with  gross  and  axle  weights  not  exceeding  the   weight
27    limitations specified in subsection (f) of Section 15-111 and
28    up  to  65 feet in overall length and 102 inches in width and
29    vehicles registered as special haul vehicles under subsection
30    (b) of Section 15-315 operating on highways under the control
31    of the State may have access from a State designated  highway
32    for  the  purpose  of  loading,  unloading, food, fuel, rest,
33    repair,  and  home  base.   No  exemption  shall  be  granted
34    authorizing travel on  State  non-designated  highways  as  a
                            -6-            LRB9002489NTsbam02
 1    thoroughfare between designated highways.
 2        (e)  When  any  vehicle  is operated in violation of this
 3    Section, the owner or driver of the vehicle shall  be  deemed
 4    guilty  of  a violation and either the owner or the driver of
 5    the vehicle may be prosecuted for the violation.  Any person,
 6    firm, or corporation  convicted  of  violating  this  Section
 7    shall  be fined $50 for any weight exceeding the posted limit
 8    up to the axle or gross weight limit  allowed  a  vehicle  as
 9    provided  for in subsections (a) or (b) of Section 15-111 and
10    $75 per every 500 pounds or fraction thereof for  any  weight
11    exceeding  that  which  is provided for in subsections (a) or
12    (b) of Section 15-111.
13    (Source: P.A.  88-384;  89-117,  eff.  7-7-95;  89-687,  eff.
14    6-1-97.)
15        Section 95.  No acceleration or delay.   Where  this  Act
16    makes changes in a statute that is represented in this Act by
17    text  that  is not yet or no longer in effect (for example, a
18    Section represented by multiple versions), the  use  of  that
19    text  does  not  accelerate or delay the taking effect of (i)
20    the changes made by this Act or (ii) provisions derived  from
21    any other Public Act.
22        Section  99.   Effective  date.   This  Act  takes effect
23    January 1, 1998.".

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