[ Home ] [ ILCS ] [ Search ] [ Bottom ]
[ Other General Assemblies ]
Public Act 91-0569
HB2355 Enrolled LRB9102413KSsb
AN ACT to amend the Illinois Vehicle Code by changing
Section 15-301 and adding Section 15-308.2.
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 Section 15-301 and adding Section 15-308.2 as
follows:
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301) `tf
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. 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.
(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
application in writing, may issue a special permit for
continuous limited operation, authorizing the applicant to
operate a tow-truck that exceeds the weight limits provided
for in subsection (d) of Section 15-111, provided:
(1) no rear single axle of the tow-truck exceeds
26,000 pounds;
(2) no rear tandem axle of the tow-truck exceeds
50,000 pounds;
(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
under a permit issued by the Department prior to hookup;
(4) the tow-truck prior to hookup does not exceed
the weight restrictions imposed by this Chapter 15;
(5) during the tow operation the tow-truck does not
violate any weight restriction sign;
(6) the tow-truck is equipped with flashing,
rotating, or oscillating amber lights, visible for at
least 500 feet in all directions;
(7) the tow-truck is specifically designed and
licensed as a tow-truck;
(8) the tow-truck has a gross vehicle weight rating
of sufficient capacity to safely handle the load;
(9) the tow-truck is equipped with air brakes;
(10) the tow-truck is capable of utilizing the
lighting and braking systems of the disabled vehicle or
combination of vehicles;
(11) the tow distance of the tow does not exceed 50
miles from the point of disablement to a place of repair
or safekeeping;
(12) the permit issued to the tow-truck is carried
in the tow-truck and exhibited on demand by a police
officer; and
(13) the movement shall be valid only on state
routes approved by the Department.
(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.)
(625 ILCS 5/15-308.2 new)
Sec. 15-308.2. Fees for special permits for tow-trucks.
The fee for a special permit to operate a tow-truck pursuant
to subsection (n) of Section 15-301 is $500 quarterly and
$2,000 annually.
[ Top ]