100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5057

 

Introduced , by Rep. Marcus C. Evans, Jr.

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 2610/18  from Ch. 121, par. 307.18
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the State Police Act. Provides that the Director of State Police may also authorize any civilian employee of the Department of State Police who is not a State policeman to be a truck weighing inspector with the power of enforcing a provision of the Illinois Vehicle Code which allows upon application and good cause for the issuing of 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 permitted or otherwise not in conformity with the Illinois Vehicle Code upon any highway under the jurisdiction of the party granting the permit. Amends the Illinois Vehicle Code. Provides that any person, firm, or corporation convicted of a violation for a permit issued for excess size and weight 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 of State Police may 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 or supervision for such third offense, unless the violation is the cause or contributing cause in a motor vehicle accident causing damage to property, injury, or death to a person. Provides that if the violation is the cause or contributing cause in a motor vehicle accident of damage to property, injury, or death to a person, the person, firm, or corporation shall not be issued a permit for one year after the date of conviction or supervision for the offense.


LRB100 17352 SLF 32516 b

 

 

A BILL FOR

 

HB5057LRB100 17352 SLF 32516 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The State Police Act is amended by changing
5Section 18 as follows:
 
6    (20 ILCS 2610/18)  (from Ch. 121, par. 307.18)
7    Sec. 18. The Director may also authorize any civilian
8employee of the Department who is not a State policeman to be a
9truck weighing inspector with the power of enforcing the
10provisions of Sections 15-102, 15-103, 15-107, 15-111, and
1115-301 and subsection (d) of Section 3-401 of the Illinois
12Vehicle Code.
13(Source: P.A. 88-476; 89-117, eff. 7-7-95.)
 
14    Section 10. The Illinois Vehicle Code is amended by
15changing Section 15-301 as follows:
 
16    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
17    Sec. 15-301. Permits for excess size and weight.
18    (a) The Department with respect to highways under its
19jurisdiction and local authorities with respect to highways
20under their jurisdiction may, in their discretion, upon
21application and good cause being shown therefor, issue a

 

 

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1special permit authorizing the applicant to operate or move a
2vehicle or combination of vehicles of a size or weight of
3vehicle or load exceeding the maximum specified in this Act or
4otherwise not in conformity with this Act upon any highway
5under the jurisdiction of the party granting such permit and
6for the maintenance of which the party is responsible.
7Applications and permits other than those in written or printed
8form may only be accepted from and issued to the company or
9individual making the movement. Except for an application to
10move directly across a highway, it shall be the duty of the
11applicant to establish in the application that the load to be
12moved by such vehicle or combination cannot reasonably be
13dismantled or disassembled, the reasonableness of which shall
14be determined by the Secretary of the Department. For the
15purpose of over length movements, more than one object may be
16carried side by side as long as the height, width, and weight
17laws are not exceeded and the cause for the over length is not
18due to multiple objects. For the purpose of over height
19movements, more than one object may be carried as long as the
20cause for the over height is not due to multiple objects and
21the length, width, and weight laws are not exceeded. For the
22purpose of an over width movement, more than one object may be
23carried as long as the cause for the over width is not due to
24multiple objects and length, height, and weight laws are not
25exceeded. Except for transporting fluid milk products, no State
26or local agency shall authorize the issuance of excess size or

 

 

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1weight permits for vehicles and loads that are divisible and
2that can be carried, when divided, within the existing size or
3weight maximums specified in this Chapter. Any excess size or
4weight permit issued in violation of the provisions of this
5Section shall be void at issue and any movement made thereunder
6shall not be authorized under the terms of the void permit. In
7any prosecution for a violation of this Chapter when the
8authorization of an excess size or weight permit is at issue,
9it is the burden of the defendant to establish that the permit
10was valid because the load to be moved could not reasonably be
11dismantled or disassembled, or was otherwise nondivisible.
12    (b) The application for any such permit shall: (1) state
13whether such permit is requested for a single trip or for
14limited continuous operation; (2) state if the applicant is an
15authorized carrier under the Illinois Motor Carrier of Property
16Law, if so, his certificate, registration or permit number
17issued by the Illinois Commerce Commission; (3) specifically
18describe and identify the vehicle or vehicles and load to be
19operated or moved except that for vehicles or vehicle
20combinations registered by the Department as provided in
21Section 15-319 of this Chapter, only the Illinois Department of
22Transportation's (IDT) registration number or classification
23need be given; (4) state the routing requested including the
24points of origin and destination, and may identify and include
25a request for routing to the nearest certified scale in
26accordance with the Department's rules and regulations,

 

 

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1provided the applicant has approval to travel on local roads;
2and (5) state if the vehicles or loads are being transported
3for hire. No permits for the movement of a vehicle or load for
4hire shall be issued to any applicant who is required under the
5Illinois Motor Carrier of Property Law to have a certificate,
6registration or permit and does not have such certificate,
7registration or permit.
8    (c) The Department or local authority when not inconsistent
9with traffic safety is authorized to issue or withhold such
10permit at its discretion; or, if such permit is issued at its
11discretion to prescribe the route or routes to be traveled, to
12limit the number of trips, to establish seasonal or other time
13limitations within which the vehicles described may be operated
14on the highways indicated, or otherwise to limit or prescribe
15conditions of operations of such vehicle or vehicles, when
16necessary to assure against undue damage to the road
17foundations, surfaces or structures, and may require such
18undertaking or other security as may be deemed necessary to
19compensate for any injury to any roadway or road structure. The
20Department shall maintain a daily record of each permit issued
21along with the fee and the stipulated dimensions, weights,
22conditions and restrictions authorized and this record shall be
23presumed correct in any case of questions or dispute. The
24Department shall install an automatic device for recording
25applications received and permits issued by telephone. In
26making application by telephone, the Department and applicant

 

 

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1waive all objections to the recording of the conversation.
2    (d) The Department shall, upon application in writing from
3any local authority, issue an annual permit authorizing the
4local authority to move oversize highway construction,
5transportation, utility and maintenance equipment over roads
6under the jurisdiction of the Department. The permit shall be
7applicable only to equipment and vehicles owned by or
8registered in the name of the local authority, and no fee shall
9be charged for the issuance of such permits.
10    (e) As an exception to subsection paragraph (a) of this
11Section, the Department and local authorities, with respect to
12highways under their respective jurisdictions, in their
13discretion and upon application in writing may issue a special
14permit for limited continuous operation, authorizing the
15applicant to move loads of agricultural commodities on a 2-axle
162 axle single vehicle registered by the Secretary of State with
17axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
18vehicle registered by the Secretary of State with axle loads
19not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
20the Secretary of State not to exceed 10% above those provided
21in Section 15-111. The total gross weight of the vehicle,
22however, may not exceed the maximum gross weight of the
23registration class of the vehicle allowed under Section 3-815
24or 3-818 of this Code.
25    As used in this Section, "agricultural commodities" means:
26        (1) cultivated plants or agricultural produce grown

 

 

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1    including, but is not limited to, corn, soybeans, wheat,
2    oats, grain sorghum, canola, and rice;
3        (2) livestock, including, but not limited to, hogs,
4    equine, sheep, and poultry;
5        (3) ensilage; and
6        (4) fruits and vegetables.
7    Permits may be issued for a period not to exceed 40 days
8and moves may be made of a distance not to exceed 50 miles from
9a field, an on-farm grain storage facility, a warehouse as
10defined in the Illinois Grain Code, or a livestock management
11facility as defined in the Livestock Management Facilities Act
12over any highway except the National System of Interstate and
13Defense Highways. The operator of the vehicle, however, must
14abide by posted bridge and posted highway weight limits. All
15implements of husbandry operating under this Section between
16sunset and sunrise shall be equipped as prescribed in Section
1712-205.1.
18    (e-1) Upon a declaration by the Governor that an emergency
19harvest situation exists, a special permit issued by the
20Department under this Section shall be required from September
211 through December 31 during harvest season emergencies for a
22vehicle that exceeds the maximum axle weight and gross weight
23limits under Section 15-111 of this Code or exceeds the
24vehicle's registered gross weight, provided that the vehicle's
25axle weight and gross weight do not exceed 10% above the
26maximum limits under Section 15-111 of this Code and does not

 

 

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1exceed the vehicle's registered gross weight by 10%. All other
2restrictions that apply to permits issued under this Section
3shall apply during the declared time period and no fee shall be
4charged for the issuance of those permits. Permits issued by
5the Department under this subsection (e-1) are only valid on
6federal and State highways under the jurisdiction of the
7Department, except interstate highways. With respect to
8highways under the jurisdiction of local authorities, the local
9authorities may, at their discretion, waive special permit
10requirements during harvest season emergencies, and set a
11divisible load weight limit not to exceed 10% above a vehicle's
12registered gross weight, provided that the vehicle's axle
13weight and gross weight do not exceed 10% above the maximum
14limits specified in Section 15-111. Permits issued under this
15subsection (e-1) shall apply to all registered vehicles
16eligible to obtain permits under this Section, including
17vehicles used in private or for-hire movement of divisible load
18agricultural commodities during the declared time period.
19    (f) The form and content of the permit shall be determined
20by the Department with respect to highways under its
21jurisdiction and by local authorities with respect to highways
22under their jurisdiction. Every permit shall be in written form
23and carried in the vehicle or combination of vehicles to which
24it refers and shall be open to inspection by any police officer
25or authorized agent of any authority granting the permit and no
26person shall violate any of the terms or conditions of such

 

 

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1special permit. Violation of the terms and conditions of the
2permit shall not be deemed a revocation of the permit; however,
3any vehicle and load found to be off the route prescribed in
4the permit shall be held to be operating without a permit. Any
5off route vehicle and load shall be required to obtain a new
6permit or permits, as necessary, to authorize the movement back
7onto the original permit routing. No rule or regulation, nor
8anything herein shall be construed to authorize any police
9officer, court, or authorized agent of any authority granting
10the permit to remove the permit from the possession of the
11permittee unless the permittee is charged with a fraudulent
12permit violation as provided in subsection paragraph (i).
13However, upon arrest for an offense of violation of permit,
14operating without a permit when the vehicle is off route, or
15any size or weight offense under this Chapter when the
16permittee plans to raise the issuance of the permit as a
17defense, the permittee, or his agent, must produce the permit
18at any court hearing concerning the alleged offense.
19    If the permit designates and includes a routing to a
20certified scale, the permittee, while enroute to the designated
21scale, shall be deemed in compliance with the weight provisions
22of the permit provided the axle or gross weights do not exceed
23any of the permitted limits by more than the following amounts:
24        Single axle               2000 pounds
25        Tandem axle               3000 pounds
26        Gross                     5000 pounds

 

 

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1    (g) The Department is authorized to adopt, amend, and to
2make available to interested persons a policy concerning
3reasonable rules, limitations and conditions or provisions of
4operation upon highways under its jurisdiction in addition to
5those contained in this Section for the movement by special
6permit of vehicles, combinations, or loads which cannot
7reasonably be dismantled or disassembled, including
8manufactured and modular home sections and portions thereof.
9All rules, limitations and conditions or provisions adopted in
10the policy shall have due regard for the safety of the
11traveling public and the protection of the highway system and
12shall have been promulgated in conformity with the provisions
13of the Illinois Administrative Procedure Act. The requirements
14of the policy for flagmen and escort vehicles shall be the same
15for all moves of comparable size and weight. When escort
16vehicles are required, they shall meet the following
17requirements:
18        (1) All operators shall be 18 years of age or over and
19    properly licensed to operate the vehicle.
20        (2) Vehicles escorting oversized loads more than
21    12-feet wide must be equipped with a rotating or flashing
22    amber light mounted on top as specified under Section
23    12-215.
24    The Department shall establish reasonable rules and
25regulations regarding liability insurance or self insurance
26for vehicles with oversized loads promulgated under the

 

 

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1Illinois Administrative Procedure Act. Police vehicles may be
2required for escort under circumstances as required by rules
3and regulations of the Department.
4    (h) Violation of any rule, limitation or condition or
5provision of any permit issued in accordance with the
6provisions of this Section shall not render the entire permit
7null and void but the violator shall be deemed guilty of
8violation of permit and guilty of exceeding any size, weight or
9load limitations in excess of those authorized by the permit.
10The prescribed route or routes on the permit are not mere
11rules, limitations, conditions, or provisions of the permit,
12but are also the sole extent of the authorization granted by
13the permit. If a vehicle and load are found to be off the route
14or routes prescribed by any permit authorizing movement, the
15vehicle and load are operating without a permit. Any off-route
16off route movement shall be subject to the size and weight
17maximums, under the applicable provisions of this Chapter, as
18determined by the type or class highway upon which the vehicle
19and load are being operated.
20    (i) Whenever any vehicle is operated or movement made under
21a fraudulent permit the permit shall be void, and the person,
22firm, or corporation to whom such permit was granted, the
23driver of such vehicle in addition to the person who issued
24such permit and any accessory, shall be guilty of fraud and
25either one or all persons may be prosecuted for such violation.
26Any person, firm, or corporation committing such violation

 

 

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1shall be guilty of a Class 4 felony and the Department shall
2not issue permits to the person, firm or corporation convicted
3of such violation for a period of one year after the date of
4conviction. Penalties for violations of this Section shall be
5in addition to any penalties imposed for violation of other
6Sections of this Code Act.
7    (j) Whenever any vehicle is operated or movement made in
8violation of a permit issued in accordance with this Section,
9the person to whom such permit was granted, or the driver of
10such vehicle, is guilty of such violation and either, but not
11both, persons may be prosecuted for such violation as stated in
12this subsection (j). Any person, firm, or corporation convicted
13of such violation shall be guilty of a petty offense and shall
14be fined for the first offense, not less than $50 nor more than
15$200 and, for the second offense by the same person, firm, or
16corporation within a period of one year, not less than $200 nor
17more than $300 and, for the third offense by the same person,
18firm, or corporation within a period of one year after the date
19of the first offense, not less than $300 nor more than $500 and
20the Department may shall not issue permits to the person, firm,
21or corporation convicted of a third offense during a period of
22one year after the date of conviction or supervision for such
23third offense, unless the violation is the cause or
24contributing cause in a motor vehicle accident causing damage
25to property, injury, or death to a person. If the violation is
26the cause or contributing cause in a motor vehicle accident of

 

 

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1damage to property, injury, or death to a person, the person,
2firm, or corporation shall not be issued a permit for one year
3after the date of conviction or supervision for the offense.
4    (k) Whenever any vehicle is operated on local roads under
5permits for excess width or length issued by local authorities,
6such vehicle may be moved upon a State highway for a distance
7not to exceed one-half mile without a permit for the purpose of
8crossing the State highway.
9    (l) Notwithstanding any other provision of this Section,
10the Department, with respect to highways under its
11jurisdiction, and local authorities, with respect to highways
12under their jurisdiction, may at their discretion authorize the
13movement of a vehicle in violation of any size or weight
14requirement, or both, that would not ordinarily be eligible for
15a permit, when there is a showing of extreme necessity that the
16vehicle and load should be moved without unnecessary delay.
17    For the purpose of this subsection, showing of extreme
18necessity shall be limited to the following: shipments of
19livestock, hazardous materials, liquid concrete being hauled
20in a mobile cement mixer, or hot asphalt.
21    (m) Penalties for violations of this Section shall be in
22addition to any penalties imposed for violating any other
23Section of this Code.
24    (n) The Department with respect to highways under its
25jurisdiction and local authorities with respect to highways
26under their jurisdiction, in their discretion and upon

 

 

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1application in writing, may issue a special permit for
2continuous limited operation, authorizing the applicant to
3operate a tow truck tow-truck that exceeds the weight limits
4provided for in subsection (a) of Section 15-111, provided:
5        (1) no rear single axle of the tow truck tow-truck
6    exceeds 26,000 pounds;
7        (2) no rear tandem axle of the tow truck tow-truck
8    exceeds 50,000 pounds;
9        (2.1) no triple rear axle on a manufactured recovery
10    unit exceeds 60,000 pounds;
11        (3) neither the disabled vehicle nor the disabled
12    combination of vehicles exceed the weight restrictions
13    imposed by this Chapter 15, or the weight limits imposed
14    under a permit issued by the Department prior to hookup;
15        (4) the tow truck tow-truck prior to hookup does not
16    exceed the weight restrictions imposed by this Chapter 15;
17        (5) during the tow operation the tow truck tow-truck
18    does not violate any weight restriction sign;
19        (6) the tow truck tow-truck is equipped with flashing,
20    rotating, or oscillating amber lights, visible for at least
21    500 feet in all directions;
22        (7) the tow truck tow-truck is specifically designed
23    and licensed as a tow truck tow-truck;
24        (8) the tow truck tow-truck has a gross vehicle weight
25    rating of sufficient capacity to safely handle the load;
26        (9) the tow truck tow-truck is equipped with air

 

 

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1    brakes;
2        (10) the tow truck tow-truck is capable of utilizing
3    the lighting and braking systems of the disabled vehicle or
4    combination of vehicles;
5        (11) the tow commences at the initial point of wreck or
6    disablement and terminates at a point where the repairs are
7    actually to occur;
8        (12) the permit issued to the tow truck tow-truck is
9    carried in the tow truck tow-truck and exhibited on demand
10    by a police officer; and
11        (13) the movement shall be valid only on State state
12    routes approved by the Department.
13    (o) (Blank).
14    (p) In determining whether a load may be reasonably
15dismantled or disassembled for the purpose of subsection
16paragraph (a), the Department shall consider whether there is a
17significant negative impact on the condition of the pavement
18and structures along the proposed route, whether the load or
19vehicle as proposed causes a safety hazard to the traveling
20public, whether dismantling or disassembling the load promotes
21or stifles economic development and whether the proposed route
22travels less than 5 miles. A load is not required to be
23dismantled or disassembled for the purposes of subsection
24paragraph (a) if the Secretary of the Department determines
25there will be no significant negative impact to pavement or
26structures along the proposed route, the proposed load or

 

 

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1vehicle causes no safety hazard to the traveling public,
2dismantling or disassembling the load does not promote economic
3development and the proposed route travels less than 5 miles.
4The Department may promulgate rules for the purpose of
5establishing the divisibility of a load pursuant to subsection
6paragraph (a). Any load determined by the Secretary to be
7nondivisible shall otherwise comply with the existing size or
8weight maximums specified in this Chapter.
9(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
10revised 10-12-17.)