State of Illinois
90th General Assembly
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90_SB0812

      625 ILCS 5/15-109.1       from Ch. 95 1/2, par. 15-109.1
          Amends  the  Illinois  Vehicle  Code.   Requires   second
      division  vehicles  with  an  open  load  of dirt, aggregate,
      garbage, refuse, or other similar materials to  secure  loads
      with  a  tarpaulin  or  other  covering sufficient to prevent
      spillage of the material.
                                                     SRS90S0038AKsa
                                               SRS90S0038AKsa
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 15-109.1.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 1.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 15-109.1 as follows:
 7        (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
 8        Sec. 15-109.1.  Covers or tarpaulins required for certain
 9    loads.
10        no  person  shall  operate  or cause to be operated, on a
11    highway,  any  second  division  vehicle  loaded  with  dirt,
12    aggregate, garbage, refuse, or other similar  material,  when
13    any  portion  of  the  load  is  falling,  sifting,  blowing,
14    dropping or in any way escaping from the vehicle.
15        (a)  No  person shall operate any second division vehicle
16    with an open load of dirt,  aggregate,  garbage,  refuse,  or
17    other  similar  material,  unless  the  load  is  secured  or
18    enclosed  with  a  tarpaulin  or other covering sufficient to
19    prevent a portion of the  materials  from  falling,  blowing,
20    dropping, or otherwise escaping from the vehicle.
21        (b)  This  Section  shall  not  apply to the operation of
22    highway maintenance vehicles engaged in removing snow and ice
23    from the roadway, nor to implements  of  husbandry  or  other
24    farm  vehicles while transporting agricultural products to or
25    from the original place  of production.
26        (c)  For the purpose of this  Section  "aggregate"  shall
27    include  all ores, minerals, sand, gravel, shale, coal, clay,
28    limestone or any other ore or mineral which may be mined.
29        (d)  Notwithstanding any other penalty, whenever a police
30    officer determines that the  operator  of  a  vehicle  is  in
31    violation  of this Section, as evidenced by the issuance of a
                            -2-                SRS90S0038AKsa
 1    citation for a violation of Section 15-109.1  of  this  Code,
 2    the  police  officer  shall  require the operator to stop the
 3    vehicle in a suitable place and keep such vehicle  stationary
 4    until  the  load  has either been reduced, secured or covered
 5    with a cover or tarpaulin of sufficient size to  prevent  any
 6    further violation of this Section.
 7        (e)  Any  violation  of  the  provisions  of this Section
 8    shall be a petty offense punishable by a fine not  to  exceed
 9    $250.
10    (Source: P.A. 84-226.)

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