HB5749 EngrossedLRB100 18124 LNS 33319 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 Illinois Vehicle Code is amended by changing
5Section 15-301 as follows:
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits for excess size and weight.
8    (a) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or printed
19form may only be accepted from and issued to the company or
20individual making the movement. Except for an application to
21move directly across a highway, it shall be the duty of the
22applicant to establish in the application that the load to be
23moved by such vehicle or combination cannot reasonably be



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1dismantled or disassembled, the reasonableness of which shall
2be determined by the Secretary of the Department. For the
3purpose of over length movements, more than one object may be
4carried side by side as long as the height, width, and weight
5laws are not exceeded and the cause for the over length is not
6due to multiple objects. For the purpose of over height
7movements, more than one object may be carried as long as the
8cause for the over height is not due to multiple objects and
9the length, width, and weight laws are not exceeded. For the
10purpose of an over width movement, more than one object may be
11carried as long as the cause for the over width is not due to
12multiple objects and length, height, and weight laws are not
13exceeded. Except for transporting fluid milk products, no State
14or local agency shall authorize the issuance of excess size or
15weight permits for vehicles and loads that are divisible and
16that can be carried, when divided, within the existing size or
17weight maximums specified in this Chapter. Any excess size or
18weight permit issued in violation of the provisions of this
19Section shall be void at issue and any movement made thereunder
20shall not be authorized under the terms of the void permit. In
21any prosecution for a violation of this Chapter when the
22authorization of an excess size or weight permit is at issue,
23it is the burden of the defendant to establish that the permit
24was valid because the load to be moved could not reasonably be
25dismantled or disassembled, or was otherwise nondivisible.
26    (b) The application for any such permit shall: (1) state



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1whether such permit is requested for a single trip or for
2limited continuous operation; (2) state if the applicant is an
3authorized carrier under the Illinois Motor Carrier of Property
4Law, if so, his certificate, registration or permit number
5issued by the Illinois Commerce Commission; (3) specifically
6describe and identify the vehicle or vehicles and load to be
7operated or moved except that for vehicles or vehicle
8combinations registered by the Department as provided in
9Section 15-319 of this Chapter, only the Illinois Department of
10Transportation's (IDT) registration number or classification
11need be given; (4) state the routing requested including the
12points of origin and destination, and may identify and include
13a request for routing to the nearest certified scale in
14accordance with the Department's rules and regulations,
15provided the applicant has approval to travel on local roads;
16and (5) state if the vehicles or loads are being transported
17for hire. No permits for the movement of a vehicle or load for
18hire shall be issued to any applicant who is required under the
19Illinois Motor Carrier of Property Law to have a certificate,
20registration or permit and does not have such certificate,
21registration or permit.
22    (c) The Department or local authority when not inconsistent
23with traffic safety is authorized to issue or withhold such
24permit at its discretion; or, if such permit is issued at its
25discretion to prescribe the route or routes to be traveled, to
26limit the number of trips, to establish seasonal or other time



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1limitations within which the vehicles described may be operated
2on the highways indicated, or otherwise to limit or prescribe
3conditions of operations of such vehicle or vehicles, when
4necessary to assure against undue damage to the road
5foundations, surfaces or structures, and may require such
6undertaking or other security as may be deemed necessary to
7compensate for any injury to any roadway or road structure. The
8Department shall maintain a daily record of each permit issued
9along with the fee and the stipulated dimensions, weights,
10conditions and restrictions authorized and this record shall be
11presumed correct in any case of questions or dispute. The
12Department shall install an automatic device for recording
13applications received and permits issued by telephone. In
14making application by telephone, the Department and applicant
15waive all objections to the recording of the conversation.
16    (d) The Department shall, upon application in writing from
17any local authority, issue an annual permit authorizing the
18local authority to move oversize highway construction,
19transportation, utility and maintenance equipment over roads
20under the jurisdiction of the Department. The permit shall be
21applicable only to equipment and vehicles owned by or
22registered in the name of the local authority, and no fee shall
23be charged for the issuance of such permits.
24    (e) As an exception to subsection paragraph (a) of this
25Section, the Department and local authorities, with respect to
26highways under their respective jurisdictions, in their



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1discretion and upon application in writing may issue a special
2permit for limited continuous operation, authorizing the
3applicant to move loads of agricultural commodities on a 2-axle
42 axle single vehicle registered by the Secretary of State with
5axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
6vehicle registered by the Secretary of State with axle loads
7not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
8the Secretary of State not to exceed 10% above those provided
9in Section 15-111. The total gross weight of the vehicle,
10however, may not exceed the maximum gross weight of the
11registration class of the vehicle allowed under Section 3-815
12or 3-818 of this Code.
13    As used in this Section, "agricultural commodities" means:
14        (1) cultivated plants or agricultural produce grown
15    including, but is not limited to, corn, soybeans, wheat,
16    oats, grain sorghum, canola, and rice;
17        (2) livestock, including, but not limited to, hogs,
18    equine, sheep, and poultry;
19        (3) ensilage; and
20        (4) fruits and vegetables.
21    Permits may be issued for a period not to exceed 40 days
22and moves may be made of a distance not to exceed 50 miles from
23a field, an on-farm grain storage facility, a warehouse as
24defined in the Illinois Grain Code, or a livestock management
25facility as defined in the Livestock Management Facilities Act
26over any highway except the National System of Interstate and



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1Defense Highways. The operator of the vehicle, however, must
2abide by posted bridge and posted highway weight limits. All
3implements of husbandry operating under this Section between
4sunset and sunrise shall be equipped as prescribed in Section
6    (e-1) Upon a declaration by the Governor that an emergency
7harvest situation exists, a special permit issued by the
8Department under this Section shall be required from September
91 through December 31 during harvest season emergencies for a
10vehicle that exceeds the maximum axle weight and gross weight
11limits under Section 15-111 of this Code or exceeds the
12vehicle's registered gross weight, provided that the vehicle's
13axle weight and gross weight do not exceed 10% above the
14maximum limits under Section 15-111 of this Code and does not
15exceed the vehicle's registered gross weight by 10%. All other
16restrictions that apply to permits issued under this Section
17shall apply during the declared time period and no fee shall be
18charged for the issuance of those permits. Permits issued by
19the Department under this subsection (e-1) are only valid on
20federal and State highways under the jurisdiction of the
21Department, except interstate highways. With respect to
22highways under the jurisdiction of local authorities, the local
23authorities may, at their discretion, waive special permit
24requirements during harvest season emergencies, and set a
25divisible load weight limit not to exceed 10% above a vehicle's
26registered gross weight, provided that the vehicle's axle



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1weight and gross weight do not exceed 10% above the maximum
2limits specified in Section 15-111. Permits issued under this
3subsection (e-1) shall apply to all registered vehicles
4eligible to obtain permits under this Section, including
5vehicles used in private or for-hire movement of divisible load
6agricultural commodities during the declared time period.
7    (e-5) As an exemption to subsection (a), the Department and
8local authorities, with respect to highways under their
9respective jurisdictions, in their discretion and upon
10application in writing may issue a special permit authorizing
11the applicant to move loads of agricultural commodities if: (i)
12the vehicle's axle weight and gross weight do not exceed 10%
13above the maximum limits under Section 15-111 of this Code; and
14(ii) the vehicle's gross weight does not exceed the vehicle's
15registered gross weight by 10%. All other restrictions that
16apply to permits issued under this Section shall apply.
17    Permits issued by the Department under this subsection
18(e-5) are valid only on federal and State highways under the
19jurisdiction of the Department other than interstate highways.
20With respect to highways under the jurisdiction of a local
21authority, the local authority may, at its discretion, waive
22special permit requirements for highways under its
23jurisdiction for any vehicle issued a special permit by the
24Department under this Section.
25    The fee for a permit under this subsection shall be $500,
26to be deposited into the State Construction Account Fund.



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1However, the fee for a combination of permits authorized by the
2Department for highways under its jurisdiction and local
3authorities for highways under their jurisdictions shall not
4exceed a total of $1,000.
5    (f) The form and content of the permit shall be determined
6by the Department with respect to highways under its
7jurisdiction and by local authorities with respect to highways
8under their jurisdiction. Every permit shall be in written form
9and carried in the vehicle or combination of vehicles to which
10it refers and shall be open to inspection by any police officer
11or authorized agent of any authority granting the permit and no
12person shall violate any of the terms or conditions of such
13special permit. Violation of the terms and conditions of the
14permit shall not be deemed a revocation of the permit; however,
15any vehicle and load found to be off the route prescribed in
16the permit shall be held to be operating without a permit. Any
17off route vehicle and load shall be required to obtain a new
18permit or permits, as necessary, to authorize the movement back
19onto the original permit routing. No rule or regulation, nor
20anything herein shall be construed to authorize any police
21officer, court, or authorized agent of any authority granting
22the permit to remove the permit from the possession of the
23permittee unless the permittee is charged with a fraudulent
24permit violation as provided in subsection paragraph (i).
25However, upon arrest for an offense of violation of permit,
26operating without a permit when the vehicle is off route, or



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1any size or weight offense under this Chapter when the
2permittee plans to raise the issuance of the permit as a
3defense, the permittee, or his agent, must produce the permit
4at any court hearing concerning the alleged offense.
5    If the permit designates and includes a routing to a
6certified scale, the permittee, while enroute to the designated
7scale, shall be deemed in compliance with the weight provisions
8of the permit provided the axle or gross weights do not exceed
9any of the permitted limits by more than the following amounts:
10        Single axle               2000 pounds
11        Tandem axle               3000 pounds
12        Gross                     5000 pounds
13    (g) The Department is authorized to adopt, amend, and to
14make available to interested persons a policy concerning
15reasonable rules, limitations and conditions or provisions of
16operation upon highways under its jurisdiction in addition to
17those contained in this Section for the movement by special
18permit of vehicles, combinations, or loads which cannot
19reasonably be dismantled or disassembled, including
20manufactured and modular home sections and portions thereof.
21All rules, limitations and conditions or provisions adopted in
22the policy shall have due regard for the safety of the
23traveling public and the protection of the highway system and
24shall have been promulgated in conformity with the provisions
25of the Illinois Administrative Procedure Act. The requirements
26of the policy for flagmen and escort vehicles shall be the same



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1for all moves of comparable size and weight. When escort
2vehicles are required, they shall meet the following
4        (1) All operators shall be 18 years of age or over and
5    properly licensed to operate the vehicle.
6        (2) Vehicles escorting oversized loads more than
7    12-feet wide must be equipped with a rotating or flashing
8    amber light mounted on top as specified under Section
9    12-215.
10    The Department shall establish reasonable rules and
11regulations regarding liability insurance or self insurance
12for vehicles with oversized loads promulgated under the
13Illinois Administrative Procedure Act. Police vehicles may be
14required for escort under circumstances as required by rules
15and regulations of the Department.
16    (h) Violation of any rule, limitation or condition or
17provision of any permit issued in accordance with the
18provisions of this Section shall not render the entire permit
19null and void but the violator shall be deemed guilty of
20violation of permit and guilty of exceeding any size, weight or
21load limitations in excess of those authorized by the permit.
22The prescribed route or routes on the permit are not mere
23rules, limitations, conditions, or provisions of the permit,
24but are also the sole extent of the authorization granted by
25the permit. If a vehicle and load are found to be off the route
26or routes prescribed by any permit authorizing movement, the



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1vehicle and load are operating without a permit. Any off-route
2off route movement shall be subject to the size and weight
3maximums, under the applicable provisions of this Chapter, as
4determined by the type or class highway upon which the vehicle
5and load are being operated.
6    (i) Whenever any vehicle is operated or movement made under
7a fraudulent permit the permit shall be void, and the person,
8firm, or corporation to whom such permit was granted, the
9driver of such vehicle in addition to the person who issued
10such permit and any accessory, shall be guilty of fraud and
11either one or all persons may be prosecuted for such violation.
12Any person, firm, or corporation committing such violation
13shall be guilty of a Class 4 felony and the Department shall
14not issue permits to the person, firm or corporation convicted
15of such violation for a period of one year after the date of
16conviction. Penalties for violations of this Section shall be
17in addition to any penalties imposed for violation of other
18Sections of this Code Act.
19    (j) Whenever any vehicle is operated or movement made in
20violation of a permit issued in accordance with this Section,
21the person to whom such permit was granted, or the driver of
22such vehicle, is guilty of such violation and either, but not
23both, persons may be prosecuted for such violation as stated in
24this subsection (j). Any person, firm or corporation convicted
25of such violation shall be guilty of a petty offense and shall
26be fined for the first offense, not less than $50 nor more than



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1$200 and, for the second offense by the same person, firm or
2corporation within a period of one year, not less than $200 nor
3more than $300 and, for the third offense by the same person,
4firm or corporation within a period of one year after the date
5of the first offense, not less than $300 nor more than $500 and
6the Department shall not issue permits to the person, firm or
7corporation convicted of a third offense during a period of one
8year after the date of conviction for such third offense.
9    (k) Whenever any vehicle is operated on local roads under
10permits for excess width or length issued by local authorities,
11such vehicle may be moved upon a State highway for a distance
12not to exceed one-half mile without a permit for the purpose of
13crossing the State highway.
14    (l) Notwithstanding any other provision of this Section,
15the Department, with respect to highways under its
16jurisdiction, and local authorities, with respect to highways
17under their jurisdiction, may at their discretion authorize the
18movement of a vehicle in violation of any size or weight
19requirement, or both, that would not ordinarily be eligible for
20a permit, when there is a showing of extreme necessity that the
21vehicle and load should be moved without unnecessary delay.
22    For the purpose of this subsection, showing of extreme
23necessity shall be limited to the following: shipments of
24livestock, hazardous materials, liquid concrete being hauled
25in a mobile cement mixer, or hot asphalt.
26    (m) Penalties for violations of this Section shall be in



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1addition to any penalties imposed for violating any other
2Section of this Code.
3    (n) The Department with respect to highways under its
4jurisdiction and local authorities with respect to highways
5under their jurisdiction, in their discretion and upon
6application in writing, may issue a special permit for
7continuous limited operation, authorizing the applicant to
8operate a tow truck tow-truck that exceeds the weight limits
9provided for in subsection (a) of Section 15-111, provided:
10        (1) no rear single axle of the tow truck tow-truck
11    exceeds 26,000 pounds;
12        (2) no rear tandem axle of the tow truck tow-truck
13    exceeds 50,000 pounds;
14        (2.1) no triple rear axle on a manufactured recovery
15    unit exceeds 60,000 pounds;
16        (3) neither the disabled vehicle nor the disabled
17    combination of vehicles exceed the weight restrictions
18    imposed by this Chapter 15, or the weight limits imposed
19    under a permit issued by the Department prior to hookup;
20        (4) the tow truck tow-truck prior to hookup does not
21    exceed the weight restrictions imposed by this Chapter 15;
22        (5) during the tow operation the tow truck tow-truck
23    does not violate any weight restriction sign;
24        (6) the tow truck tow-truck is equipped with flashing,
25    rotating, or oscillating amber lights, visible for at least
26    500 feet in all directions;



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1        (7) the tow truck tow-truck is specifically designed
2    and licensed as a tow truck tow-truck;
3        (8) the tow truck tow-truck has a gross vehicle weight
4    rating of sufficient capacity to safely handle the load;
5        (9) the tow truck tow-truck is equipped with air
6    brakes;
7        (10) the tow truck tow-truck is capable of utilizing
8    the lighting and braking systems of the disabled vehicle or
9    combination of vehicles;
10        (11) the tow commences at the initial point of wreck or
11    disablement and terminates at a point where the repairs are
12    actually to occur;
13        (12) the permit issued to the tow truck tow-truck is
14    carried in the tow truck tow-truck and exhibited on demand
15    by a police officer; and
16        (13) the movement shall be valid only on State state
17    routes approved by the Department.
18    (o) (Blank).
19    (p) In determining whether a load may be reasonably
20dismantled or disassembled for the purpose of subsection
21paragraph (a), the Department shall consider whether there is a
22significant negative impact on the condition of the pavement
23and structures along the proposed route, whether the load or
24vehicle as proposed causes a safety hazard to the traveling
25public, whether dismantling or disassembling the load promotes
26or stifles economic development and whether the proposed route



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1travels less than 5 miles. A load is not required to be
2dismantled or disassembled for the purposes of subsection
3paragraph (a) if the Secretary of the Department determines
4there will be no significant negative impact to pavement or
5structures along the proposed route, the proposed load or
6vehicle causes no safety hazard to the traveling public,
7dismantling or disassembling the load does not promote economic
8development and the proposed route travels less than 5 miles.
9The Department may promulgate rules for the purpose of
10establishing the divisibility of a load pursuant to subsection
11paragraph (a). Any load determined by the Secretary to be
12nondivisible shall otherwise comply with the existing size or
13weight maximums specified in this Chapter.
14(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
15revised 10-12-17.)
16    Section 99. Effective date. This Act takes effect July 1,