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90_HB3292eng
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
625 ILCS 5/15-306 from Ch. 95 1/2, par. 15-306
625 ILCS 5/15-307 from Ch. 95 1/2, par. 15-307
Amends the Illinois Vehicle Code. Deletes language
providing that more than one object may be carried under a
permit for excess size and weight as long as the carriage of
the additional object or objects does not cause the size or
weight of the vehicle or load to exceed beyond that required
for carriage of a single, nondivisible object. In provisions
concerning fees for overweight-axle loads and
overweight-gross loads, removes the requirement that single
trip permits only shall be issued. Effective immediately.
LRB9007988WHmgA
HB3292 Engrossed LRB9007988WHmgA
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 15-301, 15-306, and 15-307.
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 15-301, 15-306, and 15-307 as follows:
7 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
8 Sec. 15-301. Permits for excess size and weight.
9 (a) The Department with respect to highways under its
10 jurisdiction and local authorities with respect to highways
11 under their jurisdiction may, in their discretion, upon
12 application and good cause being shown therefor, issue a
13 special permit authorizing the applicant to operate or move a
14 vehicle or combination of vehicles of a size or weight of
15 vehicle or load exceeding the maximum specified in this Act
16 or otherwise not in conformity with this Act upon any highway
17 under the jurisdiction of the party granting such permit and
18 for the maintenance of which the party is responsible.
19 Applications and permits other than those in written or
20 printed form may only be accepted from and issued to the
21 company or individual making the movement. Except for an
22 application to move directly across a highway, it shall be
23 the duty of the applicant to establish in the application
24 that the load to be moved by such vehicle or combination is
25 composed of a single nondivisible object that cannot
26 reasonably be dismantled or disassembled. More than one
27 object may be carried under permit as long as the carriage of
28 the additional object or objects does not cause the size or
29 weight of the vehicle or load to exceed beyond that required
30 for carriage of the single, nondivisible object itself. For
31 the purpose of over length movements, more than one object
HB3292 Engrossed -2- LRB9007988WHmgA
1 may be carried side by side as long as the height, width, and
2 weight laws are not exceeded and the cause for the over
3 length is not due to multiple objects. For the purpose of
4 over height movements, more than one object may be carried as
5 long as the cause for the over height is not due to multiple
6 objects and the length, width, and weight laws are not
7 exceeded. For the purpose of an over width movement, more
8 than one object may be carried as long as the cause for the
9 over width is not due to multiple objects and length, height,
10 and weight laws are not exceeded. No state or local agency
11 shall authorize the issuance of excess size or weight permits
12 for vehicles and loads that are divisible and that can be
13 carried, when divided, within the existing size or weight
14 maximums specified in this Chapter. Any excess size or
15 weight permit issued in violation of the provisions of this
16 Section shall be void at issue and any movement made
17 thereunder shall not be authorized under the terms of the
18 void permit. In any prosecution for a violation of this
19 Chapter when the authorization of an excess size or weight
20 permit is at issue, it is the burden of the defendant to
21 establish that the permit was valid because the load to be
22 moved could not reasonably be dismantled or disassembled, or
23 was otherwise nondivisible.
24 (b) The application for any such permit shall: (1) state
25 whether such permit is requested for a single trip or for
26 limited continuous operation; (2) state if the applicant is
27 an authorized carrier under the Illinois Motor Carrier of
28 Property Law, if so, his certificate, registration or permit
29 number issued by the Illinois Commerce Commission; (3)
30 specifically describe and identify the vehicle or vehicles
31 and load to be operated or moved except that for vehicles or
32 vehicle combinations registered by the Department as provided
33 in Section 15-319 of this Chapter, only the Illinois
34 Department of Transportation's (IDT) registration number or
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1 classification need be given; (4) state the routing requested
2 including the points of origin and destination, and may
3 identify and include a request for routing to the nearest
4 certified scale in accordance with the Department's rules and
5 regulations, provided the applicant has approval to travel on
6 local roads; and (5) state if the vehicles or loads are being
7 transported for hire. No permits for the movement of a
8 vehicle or load for hire shall be issued to any applicant who
9 is required under the Illinois Motor Carrier of Property Law
10 to have a certificate, registration or permit and does not
11 have such certificate, registration or permit.
12 (c) The Department or local authority when not
13 inconsistent with traffic safety is authorized to issue or
14 withhold such permit at its discretion; or, if such permit is
15 issued at its discretion to prescribe the route or routes to
16 be traveled, to limit the number of trips, to establish
17 seasonal or other time limitations within which the vehicles
18 described may be operated on the highways indicated, or
19 otherwise to limit or prescribe conditions of operations of
20 such vehicle or vehicles, when necessary to assure against
21 undue damage to the road foundations, surfaces or structures,
22 and may require such undertaking or other security as may be
23 deemed necessary to compensate for any injury to any roadway
24 or road structure. The Department shall maintain a daily
25 record of each permit issued along with the fee and the
26 stipulated dimensions, weights, conditions and restrictions
27 authorized and this record shall be presumed correct in any
28 case of questions or dispute. The Department shall install an
29 automatic device for recording applications received and
30 permits issued by telephone. In making application by
31 telephone, the Department and applicant waive all objections
32 to the recording of the conversation.
33 (d) The Department shall, upon application in writing
34 from any local authority, issue an annual permit authorizing
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1 the local authority to move oversize highway construction,
2 transportation, utility and maintenance equipment over roads
3 under the jurisdiction of the Department. The permit shall be
4 applicable only to equipment and vehicles owned by or
5 registered in the name of the local authority, and no fee
6 shall be charged for the issuance of such permits.
7 (e) As an exception to paragraph (a) of this Section,
8 the Department and local authorities, with respect to
9 highways under their respective jurisdictions, in their
10 discretion and upon application in writing may issue a
11 special permit for limited continuous operation, authorizing
12 the applicant to move loads of sweet corn, soybeans, corn,
13 wheat, milo, other small grains and ensilage during the
14 harvest season only on a 2 axle single vehicle registered by
15 the Secretary of State with axle loads not to exceed 35%
16 above those provided in Section 15-111. Permits may be issued
17 for a period not to exceed 40 days and moves may be made of a
18 distance not to exceed 25 miles from a field to a specified
19 processing plant over any highway except the National System
20 of Interstate and Defense Highways. All such vehicles shall
21 be operated in the daytime except when weather or crop
22 conditions require emergency operation at night, but with
23 respect to such night operation, every such vehicle with load
24 shall be equipped with flashing amber lights as specified
25 under Section 12-215. Upon a declaration by the Governor that
26 an emergency harvest situation exists, a special permit
27 issued by the Department under this Section shall not be
28 required from September 1 through December 31 during harvest
29 season emergencies, provided that the weight does not exceed
30 20% above the limits provided in Section 15-111. All other
31 restrictions that apply to permits issued under this Section
32 shall apply during the declared time period. With respect to
33 highways under the jurisdiction of local authorities, the
34 local authorities may, at their discretion, waive special
HB3292 Engrossed -5- LRB9007988WHmgA
1 permit requirements during harvest season emergencies. This
2 permit exemption shall apply to all vehicles eligible to
3 obtain permits under this Section, including commercial
4 vehicles in use during the declared time period.
5 (f) The form and content of the permit shall be
6 determined by the Department with respect to highways under
7 its jurisdiction and by local authorities with respect to
8 highways under their jurisdiction. Every permit shall be in
9 written form and carried in the vehicle or combination of
10 vehicles to which it refers and shall be open to inspection
11 by any police officer or authorized agent of any authority
12 granting the permit and no person shall violate any of the
13 terms or conditions of such special permit. Violation of the
14 terms and conditions of the permit shall not be deemed a
15 revocation of the permit; however, any vehicle and load found
16 to be off the route prescribed in the permit shall be held to
17 be operating without a permit. Any off route vehicle and
18 load shall be required to obtain a new permit or permits, as
19 necessary, to authorize the movement back onto the original
20 permit routing. No rule or regulation, nor anything herein
21 shall be construed to authorize any police officer, court, or
22 authorized agent of any authority granting the permit to
23 remove the permit from the possession of the permittee unless
24 the permittee is charged with a fraudulent permit violation
25 as provided in paragraph (i). However, upon arrest for an
26 offense of violation of permit, operating without a permit
27 when the vehicle is off route, or any size or weight offense
28 under this Chapter when the permittee plans to raise the
29 issuance of the permit as a defense, the permittee, or his
30 agent, must produce the permit at any court hearing
31 concerning the alleged offense.
32 If the permit designates and includes a routing to a
33 certified scale, the permitee, while enroute to the
34 designated scale, shall be deemed in compliance with the
HB3292 Engrossed -6- LRB9007988WHmgA
1 weight provisions of the permit provided the axle or gross
2 weights do not exceed any of the permitted limits by more
3 than the following amounts:
4 Single axle 2000 pounds
5 Tandem axle 3000 pounds
6 Gross 5000 pounds
7 (g) The Department is authorized to adopt, amend, and to
8 make available to interested persons a policy concerning
9 reasonable rules, limitations and conditions or provisions of
10 operation upon highways under its jurisdiction in addition to
11 those contained in this Section for the movement by special
12 permit of vehicles, combinations, or loads which cannot
13 reasonably be dismantled or disassembled, including
14 manufactured and modular home sections and portions thereof.
15 All rules, limitations and conditions or provisions adopted
16 in the policy shall have due regard for the safety of the
17 traveling public and the protection of the highway system and
18 shall have been promulgated in conformity with the provisions
19 of the Illinois Administrative Procedure Act. The
20 requirements of the policy for flagmen and escort vehicles
21 shall be the same for all moves of comparable size and
22 weight. When escort vehicles are required, they shall meet
23 the following requirements:
24 (1) All operators shall be 18 years of age or over
25 and properly licensed to operate the vehicle.
26 (2) Vehicles escorting oversized loads more than
27 12-feet wide must be equipped with a rotating or flashing
28 amber light mounted on top as specified under Section
29 12-215.
30 The Department shall establish reasonable rules and
31 regulations regarding liability insurance or self insurance
32 for vehicles with oversized loads promulgated under The
33 Illinois Administrative Procedure Act. Police vehicles may be
34 required for escort under circumstances as required by rules
HB3292 Engrossed -7- LRB9007988WHmgA
1 and regulations of the Department.
2 (h) Violation of any rule, limitation or condition or
3 provision of any permit issued in accordance with the
4 provisions of this Section shall not render the entire permit
5 null and void but the violator shall be deemed guilty of
6 violation of permit and guilty of exceeding any size, weight
7 or load limitations in excess of those authorized by the
8 permit. The prescribed route or routes on the permit are not
9 mere rules, limitations, conditions, or provisions of the
10 permit, but are also the sole extent of the authorization
11 granted by the permit. If a vehicle and load are found to be
12 off the route or routes prescribed by any permit authorizing
13 movement, the vehicle and load are operating without a
14 permit. Any off route movement shall be subject to the size
15 and weight maximums, under the applicable provisions of this
16 Chapter, as determined by the type or class highway upon
17 which the vehicle and load are being operated.
18 (i) Whenever any vehicle is operated or movement made
19 under a fraudulent permit the permit shall be void, and the
20 person, firm, or corporation to whom such permit was granted,
21 the driver of such vehicle in addition to the person who
22 issued such permit and any accessory, shall be guilty of
23 fraud and either one or all persons may be prosecuted for
24 such violation. Any person, firm, or corporation committing
25 such violation shall be guilty of a Class 4 felony and the
26 Department shall not issue permits to the person, firm or
27 corporation convicted of such violation for a period of one
28 year after the date of conviction. Penalties for violations
29 of this Section shall be in addition to any penalties imposed
30 for violation of other Sections of this Act.
31 (j) Whenever any vehicle is operated or movement made in
32 violation of a permit issued in accordance with this Section,
33 the person to whom such permit was granted, or the driver of
34 such vehicle, is guilty of such violation and either, but not
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1 both, persons may be prosecuted for such violation as stated
2 in this subsection (j). Any person, firm or corporation
3 convicted of such violation shall be guilty of a petty
4 offense and shall be fined for the first offense, not less
5 than $50 nor more than $200 and, for the second offense by
6 the same person, firm or corporation within a period of one
7 year, not less than $200 nor more than $300 and, for the
8 third offense by the same person, firm or corporation within
9 a period of one year after the date of the first offense, not
10 less than $300 nor more than $500 and the Department shall
11 not issue permits to the person, firm or corporation
12 convicted of a third offense during a period of one year
13 after the date of conviction for such third offense.
14 (k) Whenever any vehicle is operated on local roads
15 under permits for excess width or length issued by local
16 authorities, such vehicle may be moved upon a State highway
17 for a distance not to exceed one-half mile without a permit
18 for the purpose of crossing the State highway.
19 (l) Notwithstanding any other provision of this Section,
20 the Department, with respect to highways under its
21 jurisdiction, and local authorities, with respect to highways
22 under their jurisdiction, may at their discretion authorize
23 the movement of a vehicle in violation of any size or weight
24 requirement, or both, that would not ordinarily be eligible
25 for a permit, when there is a showing of extreme necessity
26 that the vehicle and load should be moved without unnecessary
27 delay.
28 For the purpose of this subsection, showing of extreme
29 necessity shall be limited to the following: shipments of
30 livestock, hazardous materials, liquid concrete being hauled
31 in a mobile cement mixer, or hot asphalt.
32 (m) Penalties for violations of this Section shall be in
33 addition to any penalties imposed for violating any other
34 Section of this Code.
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1 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
2 revised 10-8-97.)
3 (625 ILCS 5/15-306) (from Ch. 95 1/2, par. 15-306)
4 Sec. 15-306. Fees for Overweight-Axle Loads. Fees for
5 special permits to move legal gross weight vehicles,
6 combinations of vehicles and loads with overweight-axle loads
7 shall be paid by the applicant to the Department as follows:
8 For each overweight single axle or tandem axle group, the
9 flat rate fees herein scheduled for increments of 45 miles or
10 fraction thereof including issuance fee predicated upon an
11 18,000 pound single axle equivalency. Single trip permits
12 only shall be issued.
13 18,000 Pound Single Axle Equivalency Fees
14 Axle weight 2-Axle 3-Axle
15 in excess Single Axle Tandem Tandem
16 of legal
17 1-6000 lbs. $5 $5 $5
18 6001-11,000 lbs. 8 7 6
19 11,001-17,000 lbs. not permitted 8 7
20 17,001-22,000 lbs. not permitted not permitted 9
21 22,001-29,000 lbs. not permitted not permitted 11
22 (Source: P.A. 81-199.)
23 (625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
24 Sec. 15-307. Fees for Overweight-Gross Loads. Fees for
25 special permits to move vehicles, combinations of vehicles
26 and loads with overweight-gross loads shall be paid at the
27 flat rate fees established in this Section for weights in
28 excess of legal gross weights, by the applicant to the
29 Department. Single trip permits only shall be issued.
30 (a) With respect to fees for overweight-gross loads
31 listed in this Section and for overweight-axle loads listed
32 in Section 15-306, one fee only shall be charged, whichever
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1 is the greater, but not for both.
2 (b) In lieu of the fees stated in this Section and
3 Section 15-306, with respect to combinations of vehicles
4 consisting of a 3-axle truck tractor with a tandem axle
5 composed of 2 consecutive axles drawing a semitrailer, or
6 other vehicle approved by the Department, equipped with a
7 tandem axle composed of 3 consecutive axles, weighing over
8 73,280 pounds but not more than 88,000 pounds gross weight,
9 the fees shall be at the following rates:
10 Distance Rate
11 For the first 45 miles $10
12 From 45 miles to 90 miles 12.50
13 From 90 miles to 135 miles 15.00
14 From 135 miles to 180 miles 17.50
15 From 180 miles to 225 miles 20.00
16 For each additional 45 miles or part
17 thereof in excess of the rate for
18 225 miles, an additional 2.50
19 For such combinations weighing over 88,000 pounds but not
20 more than 100,000 pounds gross weight, the fees shall be at
21 the following rates:
22 Distance Rate
23 For the first 45 miles 15
24 From 45 miles to 90 miles 25
25 From 90 miles to 135 miles 35
26 From 135 miles to 180 miles 45
27 From 180 miles to 225 miles 55
28 For each additional 45 miles or part
29 thereof in excess of the rate for
30 225 miles, an additional 10
31 For such combination weighing over 100,000 pounds but not
32 more than 110,000 pounds gross weight, the fees shall be at
33 the following rates:
HB3292 Engrossed -11- LRB9007988WHmgA
1 Distance Rate
2 For the first 45 miles $20
3 From 45 miles to 90 miles 32.50
4 From 90 miles to 135 miles 45
5 From 135 miles to 180 miles 57.50
6 From 180 miles to 225 miles 70
7 For each additional 45 miles or part
8 thereof in excess of the rate for
9 225 miles an additional 12.50
10 For such combinations weighing over 110,000 pounds but
11 not more than 120,000 pounds gross weight, the fees shall be
12 at the following rates:
13 Distance Rate
14 For the first 45 miles $30
15 From 46 miles to 90 miles 55
16 From 90 miles to 135 miles 80
17 From 135 miles to 180 miles 105
18 From 180 miles to 225 miles 130
19 For each additional 45 miles or part
20 thereof in excess of the rate
21 for 225 miles an additional 25
22 Payment of overweight fees for the above combinations
23 also shall include fees for overwidth dimensions of 4 feet or
24 less, overheight and overlength. Any overwidth in excess of
25 4 feet shall be charged an additional fee of $15.
26 (c) In lieu of the fees stated in this Section and
27 Section 15-306 of this Chapter, with respect to combinations
28 of vehicles consisting of a 3-axle truck tractor with a
29 tandem axle composed of 2 consecutive axles drawing a
30 semitrailer, or other vehicle approved by the Department,
31 equipped with a tandem axle composed of 2 consecutive axles,
32 weighing over 73,280 pounds but not more than 88,000 pounds
33 gross weight, the fees shall be at the following rates:
HB3292 Engrossed -12- LRB9007988WHmgA
1 Distance Rate
2 For the first 45 miles $20
3 From 45 miles to 90 miles 32.50
4 From 90 miles to 135 miles 45
5 From 135 miles to 180 miles 57.50
6 From 180 miles to 225 miles 70
7 For each additional 60 miles or part
8 thereof in excess of the rate for
9 225 miles an additional 12.50
10 For such combination weighing over 88,000 pounds but not
11 more than 100,000 pounds gross weight, the fees shall be at
12 the following rates:
13 Distance Rate
14 For the first 45 miles $30
15 From 46 miles to 90 miles 55
16 From 90 miles to 135 miles 80
17 From 135 miles to 180 miles 105
18 From 180 miles to 225 miles 130
19 For each additional 45 miles or part
20 thereof in excess of the rate for
21 225 miles an additional 25
22 Payment of overweight fees for the above combinations
23 also shall include fees for overwidth dimension of 4 feet or
24 less, overheight and overlength. Any overwidth in excess of 4
25 feet shall be charged an additional overwidth fee of $15.
26 (d) In lieu of the fees stated in this Section and in
27 Section 15-306 of this Chapter, with respect to a 3 (or more)
28 axle mobile crane or water well-drilling vehicle consisting
29 of a single axle and a tandem axle or 2 tandem axle groups
30 composed of 2 consecutive axles each, with a distance of
31 extreme axles not less than 18 feet, weighing not more than
32 60,000 pounds gross with no single axle weighing more than
33 21,000 pounds, or any tandem axle group to exceed 40,000
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1 pounds, the fees shall be at the following rates:
2 Distance Rate
3 For the first 45 miles $12.50
4 For each additional 45 miles or portion thereof 9.00
5 For such vehicles weighing over 60,000 pounds but not
6 more than 68,000 pounds with no single axle weighing more
7 than 21,000 pounds and no tandem axle group exceeding 48,000
8 pounds, the fees shall be at the following rates:
9 Distance Rate
10 For the first 45 miles $20
11 For each additional 45 miles or portion thereof 12.50
12 Payment of overweight fees for the above vehicle shall
13 include overwidth dimension of 4 feet or less, overheight and
14 overlength. Any overwidth in excess of 4 feet shall be
15 charged an additional overwidth fee of $15.
16 (e) In lieu of the fees stated in this Section and in
17 Section 15-306 of this Chapter, with respect to a 4 (or more)
18 axle mobile crane or water well drilling vehicle consisting
19 of 2 sets of tandem axles composed of 2 or more consecutive
20 axles each with a distance between extreme axles of not less
21 than 23 feet weighing not more than 72,000 pounds with axle
22 weights on one set of tandem axles not more than 34,000
23 pounds, and weight in the other set of tandem axles not to
24 exceed 40,000 pounds, the fees shall be at the following
25 rates:
26 Distance Rate
27 For the first 45 miles $15
28 For each additional 45 miles or portion thereof 10
29 For such vehicles weighing over 72,000 pounds but not
30 more than 76,000 pounds with axle weights on either set of
31 tandem axles not more than 44,000 pounds, the fees shall be
32 at the following rates:
33 Distance Rate
HB3292 Engrossed -14- LRB9007988WHmgA
1 For the first 45 miles $20
2 For each additional 45 miles or portion thereof 12.50
3 Payment of overweight fees for the above vehicle shall
4 include overwidth dimension of 4 feet or less, overheight and
5 overlength. Any overwidth in excess of 4 feet shall be
6 charged an additional fee of $15.
7 (f) In lieu of fees stated in this Section and in
8 Section 15-306 of this Chapter, with respect to a two axle
9 mobile crane or water well-drilling vehicle consisting of 2
10 single axles weighing not more than 48,000 pounds with no
11 single axle weighing more than 25,000 pounds, the fees shall
12 be at the following rates:
13 Distance Rate
14 For the first 45 miles $15
15 For each additional 45 miles or portion thereof 10
16 For such vehicles weighing over 48,000 pounds but not
17 more than 54,000 pounds with no single axle weighing more
18 than 28,000 pounds, the fees shall be at the following rates:
19 Distance Rate
20 For the first 45 miles $20
21 For each additional 45 miles or portion thereof 12.50
22 Payment of overweight fees for the above vehicle shall
23 include overwidth dimension of 4 feet or less, overheight and
24 overlength. Any overwidth in excess of 4 feet shall be
25 charged an additional overwidth fee of $15.
26 (g) Fees for special permits to move vehicles,
27 combinations of vehicles, and loads with overweight gross
28 loads not included in the fee categories shall be paid by the
29 applicant to the Department at the rate of $50 plus 3.5 cents
30 per ton-mile in excess of legal weight.
31 With respect to fees for overweight gross loads not
32 included in the schedules specified in paragraphs (a) through
33 (e) of Section 15-307 and for overweight axle loads listed in
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1 Section 15-306, one fee only shall be charged, whichever is
2 the greater, but not both. An additional fee in accordance
3 with the schedule set forth in Section 15-305 shall be
4 charged for each overdimension.
5 (Source: P.A. 90-228, eff. 7-25-97.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.