Public Act 90-0676 of the 90th General Assembly

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Public Act 90-0676

HB3292 Enrolled                               LRB9007988WHmgA

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Sections 15-301, 15-306, and 15-307.

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

    Section 5.  The  Illinois  Vehicle  Code  is  amended  by
changing Sections 15-301, 15-306, and 15-307 as follows:

    (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
    Sec. 15-301.  Permits for excess size and weight.
    (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  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  disassembled.  More  than  one
object may be carried under permit 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 the single, nondivisible object itself.  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 multiple
objects and the  length,  width,  and  weight  laws  are  not
exceeded.   For  the  purpose of an over width movement, more
than 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 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.
    (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, registration or permit.
    (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 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.
    (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.
    (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 sweet corn, soybeans, corn,
wheat, milo, other  small  grains  and  ensilage  during  the
harvest  season only on a 2 axle single vehicle registered by
the Secretary of State with axle  loads  not  to  exceed  35%
above those provided in Section 15-111. Permits may be issued
for a period not to exceed 40 days and moves may be made of a
distance  not  to exceed 25 miles from a field to a specified
processing plant over any highway except the National  System
of  Interstate  and Defense Highways. 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. 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 September 1 through December 31 during harvest
season 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.
    (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 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 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 the alleged offense.
    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:
         Single axle               2000 pounds
         Tandem axle               3000 pounds
         Gross                     5000 pounds
    (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
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:
         (1)  All  operators shall be 18 years of age or over
    and properly licensed to operate the vehicle.
         (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.
    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
required for escort under circumstances as required by  rules
and regulations of the Department.
    (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.  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.
    (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 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.
    (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  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 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.
    (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.
    (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.
    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.
    (m)  Penalties for violations of this Section shall be in
addition  to  any  penalties  imposed for violating any other
Section of this Code.
(Source: P.A.  90-89,  eff.  1-1-98;  90-228,  eff.  7-25-97;
revised 10-8-97.)

    (625 ILCS 5/15-306) (from Ch. 95 1/2, par. 15-306)
    Sec.  15-306.  Fees  for  Overweight-Axle Loads. Fees for
special  permits  to  move  legal  gross   weight   vehicles,
combinations of vehicles and loads with overweight-axle loads
shall be paid by the applicant to the Department as follows:
    For each overweight single axle or tandem axle group, the
flat rate fees herein scheduled for increments of 45 miles or
fraction  thereof  including  issuance fee predicated upon an
18,000 pound single axle  equivalency.  Single  trip  permits
only shall be issued.
          18,000 Pound Single Axle Equivalency Fees
Axle weight          2-Axle           3-Axle
in excess            Single Axle      Tandem           Tandem
of legal
1-6000 lbs.          $5               $5                   $5
6001-11,000 lbs.     8                7                     6
11,001-17,000 lbs.   not permitted    8                     7
17,001-22,000 lbs.   not permitted    not permitted         9
22,001-29,000 lbs.   not permitted    not permitted        11
(Source: P.A. 81-199.)

    (625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
    Sec.  15-307.  Fees  for Overweight-Gross Loads. Fees for
special permits to move vehicles,  combinations  of  vehicles
and  loads  with  overweight-gross loads shall be paid at the
flat rate fees established in this  Section  for  weights  in
excess  of  legal  gross  weights,  by  the  applicant to the
Department. Single trip permits only shall be issued.
    (a)  With respect  to  fees  for  overweight-gross  loads
listed  in  this Section and for overweight-axle loads listed
in Section 15-306, one fee only shall be  charged,  whichever
is the greater, but not for both.
    (b)  In  lieu  of  the  fees  stated  in this Section and
Section 15-306, with  respect  to  combinations  of  vehicles
consisting  of  a  3-axle  truck  tractor  with a tandem axle
composed of 2 consecutive axles  drawing  a  semitrailer,  or
other  vehicle  approved  by  the Department, equipped with a
tandem axle composed of 3 consecutive  axles,  weighing  over
73,280  pounds  but not more than 88,000 pounds gross weight,
the fees shall be at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $10
From 45 miles to 90 miles                               12.50
From 90 miles to 135 miles                              15.00
From 135 miles to 180 miles                             17.50
From 180 miles to 225 miles                             20.00
For each additional 45 miles or part
thereof in excess of the rate for
225 miles, an additional                                 2.50

    For such combinations weighing over 88,000 pounds but not
more than 100,000 pounds gross weight, the fees shall  be  at
the following rates:
    Distance                                             Rate
For the first 45 miles                                     15
From 45 miles to 90 miles                                  25
From 90 miles to 135 miles                                 35
From 135 miles to 180 miles                                45
From 180 miles to 225 miles                                55
For each additional 45 miles or part
thereof in excess of the rate for
225 miles, an additional                                   10

    For such combination weighing over 100,000 pounds but not
more  than  110,000 pounds gross weight, the fees shall be at
the following rates:

    Distance                                             Rate
For the first 45 miles                                    $20
From 45 miles to 90 miles                               32.50
From 90 miles to 135 miles                                 45
From 135 miles to 180 miles                             57.50
From 180 miles to 225 miles                                70
For each additional 45 miles or part
thereof in excess of the rate for
225 miles an additional                                 12.50

    For such combinations weighing over  110,000  pounds  but
not  more than 120,000 pounds gross weight, the fees shall be
at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $30
From 46 miles to 90 miles                                  55
From 90 miles to 135 miles                                 80
From 135 miles to 180 miles                               105
From 180 miles to 225 miles                               130
For each additional 45 miles or part
thereof in excess of the rate
for 225 miles an additional                                25

    Payment of overweight fees  for  the  above  combinations
also shall include fees for overwidth dimensions of 4 feet or
less,  overheight and overlength.  Any overwidth in excess of
4 feet shall be charged an additional fee of $15.
    (c)  In lieu of the  fees  stated  in  this  Section  and
Section  15-306 of this Chapter, with respect to combinations
of vehicles consisting of  a  3-axle  truck  tractor  with  a
tandem  axle  composed  of  2  consecutive  axles  drawing  a
semitrailer,  or  other  vehicle  approved by the Department,
equipped with a tandem axle composed of 2 consecutive  axles,
weighing  over  73,280 pounds but not more than 88,000 pounds
gross weight, the fees shall be at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $20
From 45 miles to 90 miles                               32.50
From 90 miles to 135 miles                                 45
From 135 miles to 180 miles                             57.50
From 180 miles to 225 miles                                70
For each additional 60 miles or part
thereof in excess of the rate for
225 miles an additional                                 12.50

    For such combination weighing over 88,000 pounds but  not
more  than  100,000 pounds gross weight, the fees shall be at
the following rates:
    Distance                                             Rate
For the first 45 miles                                    $30
From 46 miles to 90 miles                                  55
From 90 miles to 135 miles                                 80
From 135 miles to 180 miles                               105
From 180 miles to 225 miles                               130
For each additional 45 miles or part
thereof in excess of the rate for
225 miles an additional                                    25

    Payment of overweight fees  for  the  above  combinations
also  shall include fees for overwidth dimension of 4 feet or
less, overheight and overlength. Any overwidth in excess of 4
feet shall be charged an additional overwidth fee of $15.
    (d)  In lieu of the fees stated in this  Section  and  in
Section 15-306 of this Chapter, with respect to a 3 (or more)
axle  mobile  crane or water well-drilling vehicle consisting
of a single axle and a tandem axle or 2  tandem  axle  groups
composed  of  2  consecutive  axles  each, with a distance of
extreme axles not less than 18 feet, weighing not  more  than
60,000  pounds  gross  with no single axle weighing more than
21,000 pounds, or any tandem  axle  group  to  exceed  40,000
pounds, the fees shall be at the following rates:
    Distance                                             Rate
For the first 45 miles                                 $12.50
For each additional 45 miles or portion thereof          9.00

    For  such  vehicles  weighing  over 60,000 pounds but not
more than 68,000 pounds with no  single  axle  weighing  more
than  21,000 pounds and no tandem axle group exceeding 48,000
pounds, the fees shall be at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $20
For each additional 45 miles or portion thereof         12.50

    Payment of overweight fees for the  above  vehicle  shall
include overwidth dimension of 4 feet or less, overheight and
overlength.  Any  overwidth  in  excess  of  4  feet shall be
charged an additional overwidth fee of $15.
    (e)  In lieu of the fees stated in this  Section  and  in
Section 15-306 of this Chapter, with respect to a 4 (or more)
axle  mobile  crane or water well drilling vehicle consisting
of 2 sets of tandem axles composed of 2 or  more  consecutive
axles  each with a distance between extreme axles of not less
than 23 feet weighing not more than 72,000 pounds  with  axle
weights  on  one  set  of  tandem  axles not more than 34,000
pounds, and weight in the other set of tandem  axles  not  to
exceed  40,000  pounds,  the  fees  shall be at the following
rates:
    Distance                                             Rate
For the first 45 miles                                    $15
For each additional 45 miles or portion thereof            10

    For such vehicles weighing over  72,000  pounds  but  not
more  than  76,000  pounds with axle weights on either set of
tandem axles not more than 44,000 pounds, the fees  shall  be
at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $20
For each additional 45 miles or portion thereof         12.50

    Payment  of  overweight  fees for the above vehicle shall
include overwidth dimension of 4 feet or less, overheight and
overlength. Any overwidth  in  excess  of  4  feet  shall  be
charged an additional fee of $15.
    (f)  In  lieu  of  fees  stated  in  this  Section and in
Section 15-306 of this Chapter, with respect to  a  two  axle
mobile  crane  or water well-drilling vehicle consisting of 2
single axles weighing not more than  48,000  pounds  with  no
single  axle weighing more than 25,000 pounds, the fees shall
be at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $15
For each additional 45 miles or portion thereof            10

    For such vehicles weighing over  48,000  pounds  but  not
more  than  54,000  pounds  with no single axle weighing more
than 28,000 pounds, the fees shall be at the following rates:
    Distance                                             Rate
For the first 45 miles                                    $20
For each additional 45 miles or portion thereof         12.50

    Payment of overweight fees for the  above  vehicle  shall
include overwidth dimension of 4 feet or less, overheight and
overlength.   Any  overwidth  in  excess  of  4 feet shall be
charged an additional overwidth fee of $15.
    (g)  Fees  for  special   permits   to   move   vehicles,
combinations  of  vehicles,  and  loads with overweight gross
loads not included in the fee categories shall be paid by the
applicant to the Department at the rate of $50 plus 3.5 cents
per ton-mile in excess of legal weight.
    With respect to  fees  for  overweight  gross  loads  not
included in the schedules specified in paragraphs (a) through
(e) of Section 15-307 and for overweight axle loads listed in
Section  15-306,  one fee only shall be charged, whichever is
the greater, but not both.  An additional fee  in  accordance
with  the  schedule  set  forth  in  Section  15-305 shall be
charged for each overdimension.
(Source: P.A. 90-228, eff. 7-25-97.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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