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90_HB3583
625 ILCS 5/15-318 from Ch. 95 1/2, par. 15-318
Amends provisions of the Illinois Vehicle Code making a
person driving a vehicle illegally (or driving an overweight
or oversized vehicle) liable for the resulting damage to a
highway or highway structure. Provides that the liability
for a facility damaged beyond repair is its replacement cost
(rather than its depreciated replacement cost).
LRB9009431WHpk
LRB9009431WHpk
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 15-318.
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 15-318 as follows:
7 (625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
8 Sec. 15-318. Liability if highway or structure damaged.
9 (a) Any person driving any vehicle, object or contrivance
10 upon any highway or highway structure is liable for all
11 damage which the highway or structure may sustain as a result
12 of any illegal operation, driving or moving of such vehicle,
13 object or contrivance, or as a result of operating, driving,
14 or moving any vehicle, object, or contrivance exceeding the
15 maximum dimensions or weighing in excess of the maximum
16 weight specified in this Chapter but authorized by a special
17 permit issued as provided in this Chapter. The measure of
18 liability is the cost of repairing a facility partially
19 damaged or the depreciated replacement cost of a facility
20 damaged beyond repair together with all other expenses
21 incurred by the authorities in control of the highway or
22 highway structure in providing a temporary detour, including
23 a temporary structure, to serve the needs of traffic during
24 the period of repair or replacement of the damaged highway or
25 highway structure.
26 (b) Whenever such driver is not the owner of such
27 vehicle, object, or contrivance, but is so operating,
28 driving, or moving the same with the express or implied
29 permission of such owner, then the owner and driver are
30 jointly and severally liable to the extent provided in
31 paragraph (a) of this Section.
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1 (c) Recovery may be had in a civil action brought by the
2 authorities in control of such highway or highway structure.
3 (Source: P.A. 81-199.)