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Public Act 093-0971 |
SB2327 Enrolled |
LRB093 20380 DRH 46150 b |
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AN ACT concerning vehicles.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
Sections 15-301 and 15-308 as follows:
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(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
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Sec. 15-301. Permits for excess size and weight.
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(a) The Department with respect to highways under its |
jurisdiction
and local authorities with respect to highways |
under their jurisdiction
may, in their discretion, upon |
application and good cause being shown
therefor, issue a |
special permit authorizing the applicant to operate or
move a |
vehicle or combination of vehicles of a size or weight of |
vehicle or
load exceeding the maximum specified in this Act or |
otherwise not in
conformity with this Act upon any highway |
under the jurisdiction of the
party granting such permit and |
for the maintenance of which the party is
responsible. |
Applications and permits other than those in written or
printed |
form may only be accepted from and issued to the company or
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individual making the movement. Except for an application to |
move directly
across a highway, it shall be the duty of the |
applicant to establish in the
application that the load to be |
moved by such vehicle or combination is
composed of a single |
nondivisible object that cannot reasonably be
dismantled or
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disassembled. For the purpose of
over length movements,
more |
than one object may be carried side by side as long as the |
height, width,
and weight laws are not exceeded and the cause |
for the over length is not due
to multiple objects. For the |
purpose of over height movements, more than one
object may be |
carried as long as the cause for the over height is not due to
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multiple objects and the length, width, and weight laws are not |
exceeded. For
the purpose of an over width movement, more than |
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one object may be carried as
long as the cause for the over |
width is not due to multiple objects and length,
height, and |
weight laws are not exceeded. No state or local agency shall
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authorize the issuance of excess size or weight permits for |
vehicles and loads
that are divisible and that can be carried, |
when divided, within the existing
size or weight maximums |
specified in this Chapter. Any excess size or weight
permit |
issued in violation of the provisions of this Section shall be |
void at
issue and any movement made thereunder shall not be |
authorized under the terms
of the void permit. In any |
prosecution for a violation of this Chapter when
the |
authorization of an excess size or weight permit is at issue, |
it is the
burden of the defendant to establish that the permit |
was valid because the load
to be moved could not reasonably be |
dismantled or disassembled, or was
otherwise nondivisible.
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(b) The application for any such permit shall: (1) state |
whether
such permit is requested for a single trip or for |
limited continuous
operation; (2) state if the applicant is an |
authorized carrier under the
Illinois Motor Carrier of Property |
Law, if so, his certificate,
registration or permit number |
issued by the Illinois Commerce
Commission; (3) specifically |
describe and identify the vehicle or
vehicles and load to be |
operated or moved except that for vehicles or
vehicle |
combinations registered by the Department as provided in |
Section
15-319 of this Chapter, only the Illinois Department of |
Transportation's
(IDT) registration number or classification |
need be given; (4) state the
routing requested including the |
points of origin and destination, and may
identify and include |
a request for routing to the nearest certified scale
in |
accordance with the Department's rules and regulations, |
provided the
applicant has approval to travel on local roads; |
and (5) state if the
vehicles or loads are being transported |
for hire. No permits for the
movement of a vehicle or load for |
hire shall be issued to any applicant who
is required under the |
Illinois Motor Carrier of Property Law to have a
certificate, |
registration or permit and does not have such certificate,
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registration or permit.
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(c) The Department or local authority when not inconsistent |
with
traffic safety is authorized to issue or withhold such |
permit at its
discretion; or, if such permit is issued at its |
discretion to prescribe
the route or routes to be traveled, to |
limit the number of trips, to
establish seasonal or other time |
limitations within which the vehicles
described may be operated |
on the highways indicated, or otherwise to
limit or prescribe |
conditions of operations of such vehicle or vehicles,
when |
necessary to assure against undue damage to the road |
foundations,
surfaces or structures, and may require such |
undertaking or other
security as may be deemed necessary to |
compensate for any injury to any
roadway or road structure. The |
Department shall maintain a daily record of
each permit issued |
along with the fee and the stipulated dimensions,
weights, |
conditions and restrictions authorized and this record shall be
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presumed correct in any case of questions or dispute. The |
Department shall
install an automatic device for recording |
applications received and permits
issued by telephone. In |
making application by telephone, the Department and
applicant |
waive all objections to the recording of the conversation.
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(d) The Department shall, upon application in writing from |
any local
authority, issue an annual permit authorizing the |
local authority to
move oversize highway construction, |
transportation, utility and maintenance
equipment over roads |
under the jurisdiction of the Department. The permit
shall be |
applicable only to equipment and vehicles owned by or |
registered
in the name of the local authority, and no fee shall |
be charged for the
issuance of such permits.
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(e) As an exception to paragraph (a) of this Section, the |
Department
and local authorities, with respect to highways |
under their respective
jurisdictions, in their discretion and |
upon application in writing may
issue a special permit for |
limited continuous operation, authorizing the
applicant to |
move loads of agricultural commodities
sweet corn, soybeans, |
corn, wheat, milo, other
small grains and ensilage during the |
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harvest season only on a 2 axle single
vehicle registered by |
the Secretary of State with axle loads not to exceed
35% , on a |
3 or 4 axle
vehicle registered by the Secretary of State with |
axle loads
not to exceed 20%, and on a 5 axle vehicle |
registered by the
Secretary of State not to exceed 10% above |
those provided in Section 15-111. The total gross weight of the |
vehicle, however,
may not exceed the maximum gross weight of |
the registration class of the vehicle allowed under Section |
3-815 or 3-818 of this Code. |
As used in this Section, "agricultural commodities"
means: |
(1) cultivated plants or agricultural produce grown
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including, but is not limited to, corn, soybeans, wheat, |
oats, grain sorghum, canola, and rice; |
(2) livestock, including but not limited to hogs, |
equine, sheep, and poultry; |
(3) ensilage; and |
(4) fruits and vegetables.
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Permits may be issued for a
period not to exceed 40 days |
and moves may be made of a distance not to
exceed 50
25 miles |
from a field , an on-farm grain storage facility, a warehouse as |
defined in the Illinois Grain Code, or a livestock management |
facility as defined in the Livestock Management Facilities Act
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to a specified processing plant over any
highway except the |
National System of Interstate and Defense Highways. The |
operator of the vehicle,
however, must abide by posted bridge |
and posted highway weight limits. All implements of husbandry |
operating under this Section between sunset and sunrise shall |
be equipped as prescribed in Section 12-205.1.
All
such |
vehicles shall be operated in the daytime except when weather |
or crop
conditions require emergency operation at night, but |
with respect to such
night operation, every such vehicle with |
load shall be equipped with
flashing amber lights as specified |
under Section 12-215.
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(e-1) Upon a declaration by the Governor that an emergency |
harvest situation
exists, a special permit issued by the |
Department under this Section shall not
be required from |
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September 1 through December 31 during harvest season
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emergencies, provided that the weight does not exceed 20% above |
the limits
provided in Section 15-111. All other restrictions |
that apply to permits
issued under this Section shall apply |
during the declared time period. With
respect to highways under |
the jurisdiction of local authorities, the local
authorities |
may, at their discretion, waive special permit requirements |
during
harvest season emergencies. This permit exemption shall |
apply to all vehicles
eligible to obtain permits under this |
Section, including commercial vehicles in
use during the |
declared time period.
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(f) The form and content of the permit shall be determined |
by the
Department with respect to highways under its |
jurisdiction and by local
authorities with respect to highways |
under their jurisdiction. Every permit
shall be in written form |
and carried in the vehicle or combination of
vehicles to which |
it refers and shall be open to inspection by any
police officer |
or authorized agent of any authority granting the permit
and no |
person shall violate any of the terms or conditions of such
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special permit. Violation of the terms and conditions of the |
permit
shall not be deemed a revocation of the permit; however, |
any vehicle and load
found to be off the route prescribed in |
the permit shall be held to be
operating without a permit. Any |
off route vehicle and load shall be required
to obtain a new |
permit or permits, as necessary, to authorize the movement back
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onto the original permit routing. No rule or regulation, nor |
anything herein
shall be construed to authorize any police |
officer, court, or authorized agent
of any authority granting |
the permit to remove the permit from the possession
of the |
permittee unless the permittee is charged with a fraudulent |
permit
violation as provided in paragraph (i). However, upon |
arrest for an offense of
violation of permit, operating without |
a permit when the vehicle is off route,
or any size or weight |
offense under this Chapter when the permittee plans to
raise |
the issuance of the permit as a defense, the permittee, or his |
agent,
must produce the permit at any court hearing concerning |
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the alleged offense.
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If the permit designates and includes a routing to a |
certified scale, the
permitee, while enroute to the designated |
scale, shall be deemed in compliance
with the weight provisions |
of the permit provided the axle or gross weights
do not exceed |
any of the permitted limits by more than the following amounts:
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Single axle 2000 pounds
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Tandem axle 3000 pounds
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Gross 5000 pounds
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(g) The Department is authorized to adopt, amend, and to |
make
available to interested persons a policy concerning |
reasonable rules,
limitations and conditions or provisions of |
operation upon highways
under its jurisdiction in addition to |
those contained in this Section
for the movement by special |
permit of vehicles, combinations, or loads
which cannot |
reasonably be dismantled or disassembled, including
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manufactured and modular home sections and portions thereof. |
All rules,
limitations and conditions or provisions adopted in |
the policy shall
have due regard for the safety of the |
traveling public and the protection
of the highway system and |
shall have been promulgated in conformity with
the provisions |
of the Illinois Administrative Procedure Act. The
requirements |
of the policy for flagmen and escort vehicles shall be the
same |
for all moves of comparable size and weight. When escort |
vehicles are
required, they shall meet the following |
requirements:
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(1) All operators shall be 18 years of age or over and |
properly
licensed to operate the vehicle.
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(2) Vehicles escorting oversized loads more than |
12-feet wide must
be equipped with a rotating or flashing |
amber light mounted on top as specified
under Section |
12-215.
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The Department shall establish reasonable rules and |
regulations
regarding liability insurance or self insurance |
for vehicles with
oversized loads promulgated under The |
Illinois Administrative Procedure
Act. Police vehicles may be |
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required for escort under circumstances as
required by rules |
and regulations of the Department.
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(h) Violation of any rule, limitation or condition or |
provision of
any permit issued in accordance with the |
provisions of this Section
shall not render the entire permit |
null and void but the violator shall
be deemed guilty of |
violation of permit and guilty of exceeding any size,
weight or |
load limitations in excess of those authorized by the permit.
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The prescribed route or routes on the permit are not mere |
rules, limitations,
conditions, or provisions of the permit, |
but are also the sole extent of the
authorization granted by |
the permit. If a vehicle and load are found to be
off the route |
or routes prescribed by any permit authorizing movement,
the |
vehicle and load are operating without a permit. Any off route |
movement
shall be subject to the size and weight maximums, |
under the applicable
provisions of this Chapter, as determined |
by the type or class highway upon
which the vehicle and load |
are being operated.
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(i) Whenever any vehicle is operated or movement made under |
a
fraudulent permit the permit shall be void, and the person, |
firm, or
corporation to whom such permit was granted, the |
driver of such vehicle
in addition to the person who issued |
such permit and any accessory,
shall be guilty of fraud and |
either one or all persons may be prosecuted
for such violation. |
Any person, firm, or corporation committing such
violation |
shall be guilty of a Class 4 felony and the Department shall
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not issue permits to the person, firm or corporation convicted |
of such
violation for a period of one year after the date of |
conviction.
Penalties for violations of this Section shall be |
in addition to any
penalties imposed for violation of other |
Sections of this Act.
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(j) Whenever any vehicle is operated or movement made in |
violation
of a permit issued in accordance with this Section, |
the person to whom
such permit was granted, or the driver of |
such vehicle, is guilty of
such violation and either, but not |
both, persons may be prosecuted for
such violation as stated in |
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this subsection (j). Any person, firm or
corporation convicted |
of such violation shall be guilty of a petty
offense and shall |
be fined for the first offense, not less than $50 nor
more than |
$200 and, for the second offense by the same person, firm or
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corporation within a period of one year, not less than $200 nor |
more
than $300 and, for the third offense by the same person, |
firm or
corporation within a period of one year after the date |
of the first
offense, not less than $300 nor more than $500 and |
the Department shall
not issue permits to the person, firm or |
corporation convicted of a
third offense during a period of one |
year after the date of conviction
for such third offense.
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(k) Whenever any vehicle is operated on local roads under |
permits
for excess width or length issued by local authorities, |
such vehicle may
be moved upon a State highway for a distance |
not to exceed one-half mile
without a permit for the purpose of |
crossing the State highway.
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(l) Notwithstanding any other provision of this Section, |
the Department,
with respect to highways under its |
jurisdiction, and local authorities, with
respect to highways |
under their jurisdiction, may at their discretion authorize
the |
movement of a vehicle in violation of any size or weight |
requirement, or
both, that would not ordinarily be eligible for |
a permit, when there is a
showing of extreme necessity that the |
vehicle and load should be moved without
unnecessary delay.
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For the purpose of this subsection, showing of extreme |
necessity shall be
limited to the following: shipments of |
livestock, hazardous materials, liquid
concrete being hauled |
in a mobile cement mixer, or hot asphalt.
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(m) Penalties for violations of this Section shall be in |
addition to any
penalties imposed for violating any other |
Section of this Code.
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(n) The Department with respect to highways under its |
jurisdiction and
local
authorities with respect to highways |
under their jurisdiction, in their
discretion and upon
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application in writing, may issue a special permit for |
continuous limited
operation,
authorizing the applicant to |
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operate a tow-truck that exceeds the weight limits
provided
for |
in subsection (d) of Section 15-111, provided:
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(1) no rear single axle of the tow-truck exceeds 26,000 |
pounds;
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(2) no rear tandem axle of the tow-truck exceeds 50,000 |
pounds;
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(3) neither the disabled vehicle nor the disabled |
combination of vehicles
exceed the
weight restrictions |
imposed by this Chapter 15, or the weight limits imposed
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under a
permit issued by the Department prior to hookup;
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(4) the tow-truck prior to hookup does not exceed the |
weight restrictions
imposed
by this Chapter 15;
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(5) during the tow operation the tow-truck does not |
violate any weight
restriction
sign;
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(6) the tow-truck is equipped with flashing, rotating, |
or oscillating
amber
lights,
visible for at least 500 feet |
in all directions;
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(7) the tow-truck is specifically designed and |
licensed as a tow-truck;
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(8) the tow-truck has a gross vehicle weight rating of |
sufficient
capacity to safely
handle the load;
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(9) the tow-truck is equipped with air brakes;
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(10) the tow-truck is capable of utilizing the lighting |
and braking
systems of the
disabled vehicle or combination |
of vehicles;
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(11) the tow distance of the tow does not exceed 50 |
miles from the point
of
disablement to a place of repair or |
safekeeping;
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(12) the permit issued to the tow-truck is carried in |
the tow-truck
and
exhibited on demand by a police officer; |
and
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(13) the movement shall be valid only on state routes |
approved by the
Department.
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(Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97; 90-655, |
eff. 7-30-98;
90-676, eff. 7-31-98; 91-569, eff. 1-1-00.)
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(625 ILCS 5/15-308) (from Ch. 95 1/2, par. 15-308)
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Sec. 15-308. Fees for overweight trucks hauling |
agricultural commodities
Overweight Trucks Hauling Sweet Corn .
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Fees for special permits for increased
two axle loads
truck |
with gross axle load not to
exceed 35 percent in excess of the |
legal axle load to be used for hauling
agricultural |
commodities, as defined in subsection (e) of Section 15-301
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sweet corn and ensilage, for a period of 40 days only during |
harvest
season ; limited continuous operation permit only, $5 |
per axle
$10 .
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(Source: P.A. 76-1586.)
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Section 99. Effective date. This Act takes effect upon |
becoming law.
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