State of Illinois
92nd General Assembly
Legislation

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92_HB0537

 
                                               LRB9202498DHmg

 1        AN ACT concerning vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 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        Sec. 15-316. When the Department, local authority or road
 8    district highway  commissioner  may  restrict  right  to  use
 9    highways.
10        (a)  Local   authorities   and   road   district  highway
11    commissioners  with   respect   to   highways   under   their
12    jurisdiction  may  by  ordinance  or  resolution prohibit the
13    operation  of  vehicles  upon  any  such  highway  or  impose
14    restrictions as to the weight of vehicles to be operated upon
15    any such highway, for a total period of not to exceed 90 days
16    in any one calendar year, whenever any said highway by reason
17    of deterioration, rain, snow,  or  other  climate  conditions
18    will  be  seriously  damaged  or  destroyed unless the use of
19    vehicles thereon is prohibited  or  the  permissible  weights
20    thereof reduced.
21        (b)  The   local   authority  or  road  district  highway
22    commissioner enacting any such ordinance or resolution  shall
23    erect or cause to be erected and maintained signs designating
24    the  provision  of the ordinance or resolution at each end of
25    that  portion  of  any  highway  affected  thereby,  and  the
26    ordinance or resolution shall not  be  effective  unless  and
27    until such signs are erected and maintained.
28        (c)  Local   authorities   and   road   district  highway
29    commissioners  with   respect   to   highways   under   their
30    jurisdiction  may  also, by ordinance or resolution, prohibit
31    the operation of trucks or other commercial vehicles, or  may
 
                            -2-                LRB9202498DHmg
 1    impose  limitations  as  the  weight  thereof,  on designated
 2    highways,  which  prohibitions  and  limitations   shall   be
 3    designated by appropriate signs placed on such highways.
 4        (c-1)  The weight provisions of subsections (a), (b), and
 5    (c) take precedence over the provisions of subsections (d-1),
 6    (d-1.5), and (d-2), and (d-3).
 7        (d)  The  Department  shall  likewise  have  authority as
 8    hereinbefore granted to local authorities and  road  district
 9    highway  commissioners  to  determine  by  resolution  and to
10    impose restrictions as to the  weight  of  vehicles  operated
11    upon  any  highway under the jurisdiction of said department,
12    and such restrictions shall be effective  when  signs  giving
13    notice thereof are erected upon the highway or portion of any
14    highway affected by such resolution.
15        (d-1)  Motor  vehicles  and motor vehicles in combination
16    with  gross  and  axle  weights  not  exceeding  the   weight
17    limitations  specified  in  subsection  (b) of Section 15-111
18    73,280 pounds and up to 65 feet in  overall  length  and  102
19    inches  in width operating on highways under the control of a
20    county or a township road district highway  commissioner  may
21    have access for a distance of 5 miles from a State designated
22    highway  for  the  purpose of loading, unloading, food, fuel,
23    rest, repair services, and home base. No exemption  shall  be
24    granted  authorizing  travel on local roads as a thoroughfare
25    between State designated highways.
26        (d-1.5)  Motor vehicles and motor vehicles in combination
27    with  gross  and  axle  weights  not  exceeding  the   weight
28    limitations specified in subsection (f) of Section 15-111 and
29    up  to  65 feet in overall length and 102 inches in width and
30    vehicles registered as special haul vehicles under subsection
31    (b) of Section 15-315 operating on highways under the control
32    of a county or a road district may have access from  a  State
33    designated  highway  for the purpose of loading or unloading.
34    No exemption shall be granted  authorizing  travel  on  local
 
                            -3-                LRB9202498DHmg
 1    roads as a thoroughfare between designated highways.
 2        (d-2)  Motor  vehicles  and motor vehicles in combination
 3    with  gross  and  axle  weights  not  exceeding  the   weight
 4    limitations  specified  in  subsection  (f) of Section 15-111
 5    73,280 pounds and up to 65 feet in  overall  length  and  102
 6    inches  in  width  operating on highways under the control of
 7    municipal authorities may have access  for  5  miles  from  a
 8    State  designated  highway  for  the  purpose  of loading and
 9    unloading and may have access for one mile  for  food,  fuel,
10    repairs,  and  rest on those municipally controlled highways.
11    No exemption shall be granted authorizing travel on municipal
12    roads as a thoroughfare between State designated highways.
13        (d-3)  Motor vehicles and motor vehicles  in  combination
14    with   gross  and  axle  weights  not  exceeding  the  weight
15    limitations specified in subsection (f) of Section 15-111 and
16    up to 65 feet in overall length and 102 inches in  width  and
17    vehicles registered as special haul vehicles under subsection
18    (b) of Section 15-315 operating on highways under the control
19    of  the State may have access from a State designated highway
20    for the purpose of  loading,  unloading,  food,  fuel,  rest,
21    repair,  and  home  base.   No  exemption  shall  be  granted
22    authorizing  travel  on  State  non-designated  highways as a
23    thoroughfare between designated highways.
24        (e)  When any vehicle is operated in  violation  of  this
25    Section,  the  owner or driver of the vehicle shall be deemed
26    guilty of a violation and either the owner or the  driver  of
27    the vehicle may be prosecuted for the violation.  Any person,
28    firm,  or  corporation  convicted  of  violating this Section
29    shall be fined $50 for any weight exceeding the posted  limit
30    up  to  the  axle  or gross weight limit allowed a vehicle as
31    provided for in subsections (a) or (b) of Section 15-111  and
32    $75  per  every 500 pounds or fraction thereof for any weight
33    exceeding that which is provided for in  subsections  (a)  or
34    (b) of Section 15-111.
 
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 1        (f)  A  municipality  is  authorized  to enforce a county
 2    weight limit ordinance applying to county highways within its
 3    corporate limits and is entitled to the proceeds of any fines
 4    collected from the enforcement.
 5    (Source: P.A.  89-117,  eff.  7-7-95;  89-687,  eff.  6-1-97;
 6    90-211, eff. 1-1-98.)

 7        Section 99.   Effective  date.   This  Act  takes  effect
 8    January 1, 2002.

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