Sen. Tim Bivins

Filed: 2/23/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 51

2    AMENDMENT NO. ______. Amend Senate Bill 51 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Highway Code is amended by
5changing Section 9-113.02 as follows:
 
6    (605 ILCS 5/9-113.02)
7    Sec. 9-113.02. Damage to State-owned or local
8government-owned roadway property; highway and highway
9property.
10    (a) Any agency or instrumentality of the State of Illinois
11or unit of local government may seek recovery for the cost of
12the repair or replacement of damaged or destroyed roadway
13property. As used in this Section, "roadway property" includes
14road safety equipment and emergency equipment. Depreciation
15may not be used as a factor in determining the cost of the
16damaged or destroyed roadway property for which recovery is

 

 

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1sought.
2    (b) Any agency or instrumentality of the State of Illinois
3or unit of local government may seek recovery for the cost of
4the repair of damaged or destroyed highways, highway
5structures, or traffic-control devices that result from
6operating, driving, or moving a truck tractor-semitrailer
7combination exceeding 55 feet in overall dimension authorized
8under paragraph (1) of subsection (b) or paragraph (1) of
9subsection (f) of Section 15-107 of the Illinois Vehicle Code.
10The measure of liability for the damage is the cost of
11repairing the highway, highway structure, or traffic-control
12device, or the depreciated replacement cost of a highway
13structure or traffic-control device.
14(Source: P.A. 97-373, eff. 1-1-12.)
 
15    Section 10. The Illinois Vehicle Code is amended by
16changing Section 15-107 as follows:
 
17    (625 ILCS 5/15-107)   (from Ch. 95 1/2, par. 15-107)
18    Sec. 15-107. Length of vehicles.
19    (a) The maximum length of a single vehicle on any highway
20of this State may not exceed 42 feet except the following:
21        (1) Semitrailers.
22        (2) Charter or regulated route buses may be up to 45
23    feet in length, not including energy absorbing bumpers.
24    (a-1) A motor home as defined in Section 1-145.01 may be up

 

 

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1to 45 feet in length, not including energy absorbing bumpers.
2The length limitations described in this subsection (a-1) shall
3be exclusive of energy-absorbing bumpers and rear view mirrors.
4    (b) On all non-State highways, the maximum length of
5vehicles in combinations is as follows:
6        (1) A truck tractor in combination with a semitrailer
7    may not exceed 65 55 feet overall dimension. An agency or
8    instrumentality of the State of Illinois or any unit of
9    local government shall not be required to widen or
10    otherwise alter a non-State highway constructed before the
11    effective date of this amendatory Act of the 100th General
12    Assembly to accommodate truck tractors under this
13    paragraph (1).
14        (2) A truck tractor-semitrailer-trailer or truck
15    tractor semitrailer-semitrailer may not exceed 60 feet
16    overall dimension.
17        (3) Combinations specially designed to transport motor
18    vehicles or boats may not exceed 60 feet overall dimension.
19        (4) The distance between the kingpin and the center
20    axle of a semitrailer longer than 48 feet, in combination
21    with a truck tractor, may not exceed 42 feet 6 inches. The
22    limit contained in this paragraph (4) shall not apply to
23    trailers or semitrailers used for the transport of
24    livestock as defined by Section 18b-101.
25    Vehicles operating during daylight hours when transporting
26poles, pipes, machinery, or other objects of a structural

 

 

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1nature that cannot readily be dismembered are exempt from
2length limitations, provided that no object may exceed 80 feet
3in length and the overall dimension of the vehicle including
4the load may not exceed 100 feet. This exemption does not apply
5to operation on a Saturday, Sunday, or legal holiday. Legal
6holidays referred to in this Section are the days on which the
7following traditional holidays are celebrated: New Year's Day;
8Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
9and Christmas Day.
10    Vehicles and loads operated by a public utility while en
11route to make emergency repairs to public service facilities or
12properties are exempt from length limitations, provided that
13during night operations every vehicle and its load must be
14equipped with a sufficient number of clearance lamps on both
15sides and marker lamps on the extreme ends of any projecting
16load to clearly mark the dimensions of the load.
17    A tow truck in combination with a disabled vehicle or
18combination of disabled vehicles, as provided in paragraph (6)
19of subsection (c) of this Section, is exempt from length
20limitations.
21    All other combinations not listed in this subsection (b)
22may not exceed 60 feet overall dimension.
23    (c) Except as provided in subsections (c-1) and (c-2),
24combinations of vehicles may not exceed a total of 2 vehicles
25except the following:
26        (1) A truck tractor semitrailer may draw one trailer.

 

 

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1        (2) A truck tractor semitrailer may draw one converter
2    dolly or one semitrailer.
3        (3) A truck tractor semitrailer may draw one vehicle
4    that is defined in Chapter 1 as special mobile equipment,
5    provided the overall dimension does not exceed 60 feet.
6        (4) A truck in transit may draw 3 trucks in transit
7    coupled together by the triple saddlemount method.
8        (5) Recreational vehicles consisting of 3 vehicles,
9    provided the following:
10            (A) The total overall dimension does not exceed 60
11        feet.
12            (B) The towing vehicle is a properly registered
13        vehicle capable of towing another vehicle using a
14        fifth-wheel type assembly.
15            (C) The second vehicle in the combination of
16        vehicles is a recreational vehicle that is towed by a
17        fifth-wheel assembly. This vehicle must be properly
18        registered and must be equipped with brakes,
19        regardless of weight.
20            (D) The third vehicle must be the lightest of the 3
21        vehicles and be a trailer or semitrailer designed or
22        used for transporting a boat, all-terrain vehicle,
23        personal watercraft, or motorcycle.
24            (E) The towed vehicles may be only for the use of
25        the operator of the towing vehicle.
26            (F) All vehicles must be properly equipped with

 

 

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1        operating brakes and safety equipment required by this
2        Code, except the additional brake requirement in
3        subdivision (C) of this subparagraph (5).
4        (6) A tow truck in combination with a disabled vehicle
5    or combination of disabled vehicles, provided the towing
6    vehicle:
7            (A) Is specifically designed as a tow truck having
8        a gross vehicle weight rating of at least 18,000 pounds
9        and equipped with air brakes, provided that air brakes
10        are required only if the towing vehicle is towing a
11        vehicle, semitrailer, or tractor-trailer combination
12        that is equipped with air brakes. For the purpose of
13        this subsection, gross vehicle weight rating, or GVWR,
14        means the value specified by the manufacturer as the
15        loaded weight of the tow truck.
16            (B) Is equipped with flashing, rotating, or
17        oscillating amber lights, visible for at least 500 feet
18        in all directions.
19            (C) Is capable of utilizing the lighting and
20        braking systems of the disabled vehicle or combination
21        of vehicles.
22            (D) Does not engage a tow exceeding 50 highway
23        miles from the initial point of wreck or disablement to
24        a place of repair. Any additional movement of the
25        vehicles may occur only upon issuance of authorization
26        for that movement under the provisions of Sections

 

 

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1        15-301 through 15-319 of this Code.
2        The Department may by rule or regulation prescribe
3    additional requirements regarding length limitations for a
4    tow truck towing another vehicle.
5        For purposes of this Section, a tow-dolly that merely
6    serves as substitute wheels for another legally licensed
7    vehicle is considered part of the licensed vehicle and not
8    a separate vehicle.
9        (7) Commercial vehicles consisting of 3 vehicles,
10    provided the following:
11            (A) The total overall dimension does not exceed 65
12        feet.
13            (B) The towing vehicle is a properly registered
14        vehicle capable of towing another vehicle using a
15        fifth-wheel type assembly or a goose-neck hitch ball.
16            (C) The third vehicle must be the lightest of the 3
17        vehicles and be a trailer or semitrailer.
18            (D) All vehicles must be properly equipped with
19        operating brakes and safety equipment required by this
20        Code.
21            (E) The combination of vehicles must be operated by
22        a person who holds a commercial driver's license (CDL).
23            (F) The combination of vehicles must be en route to
24        a location where new or used trailers are sold by an
25        Illinois or out-of-state licensed new or used trailer
26        dealer.

 

 

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1    (c-1) A combination of 3 vehicles is allowed access to any
2State designated highway if:
3        (1) the length of neither towed vehicle exceeds 28.5
4    feet;
5        (2) the overall wheel base of the combination of
6    vehicles does not exceed 62 feet; and
7        (3) the combination of vehicles is en route to a
8    location where new or used trailers are sold by an Illinois
9    or out-of-state licensed new or used trailer dealer.
10    (c-2) A combination of 3 vehicles is allowed access from
11any State designated highway onto any county, township, or
12municipal highway for a distance of 5 highway miles for the
13purpose of delivery or collection of one or both of the towed
14vehicles if:
15        (1) the length of neither towed vehicle exceeds 28.5
16    feet;
17        (2) the combination of vehicles does not exceed 40,000
18    pounds in gross weight and 8 feet 6 inches in width;
19        (3) there is no sign prohibiting that access;
20        (4) the route is not being used as a thoroughfare
21    between State designated highways; and
22        (5) the combination of vehicles is en route to a
23    location where new or used trailers are sold by an Illinois
24    or out-of-state licensed new or used trailer dealer.
25    (d) On Class I highways there are no overall length
26limitations on motor vehicles operating in combinations

 

 

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1provided:
2        (1) The length of a semitrailer, unladen or with load,
3    in combination with a truck tractor may not exceed 53 feet.
4        (2) The distance between the kingpin and the center of
5    the rear axle of a semitrailer longer than 48 feet, in
6    combination with a truck tractor, may not exceed 45 feet 6
7    inches. The limit contained in this paragraph (2) shall not
8    apply to trailers or semi-trailers used for the transport
9    of livestock as defined by Section 18b-101.
10        (3) The length of a semitrailer or trailer, unladen or
11    with load, operated in a truck tractor-semitrailer-trailer
12    or truck tractor semitrailer-semitrailer combination, may
13    not exceed 28 feet 6 inches.
14        (4) Maxi-cube combinations, as defined in Chapter 1,
15    may not exceed 65 feet overall dimension.
16        (5) Combinations of vehicles specifically designed to
17    transport motor vehicles or boats may not exceed 65 feet
18    overall dimension. The length limitation is inclusive of
19    front and rear bumpers but exclusive of the overhang of the
20    transported vehicles, as provided in paragraph (i) of this
21    Section.
22        (6) Stinger-steered Stinger steered semitrailer
23    vehicles specifically designed to transport motor vehicles
24    or boats and automobile transporters, as defined in Chapter
25    1, may not exceed 80 feet overall dimension. The length
26    limitation is inclusive of front and rear bumpers but

 

 

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1    exclusive of the overhang of the transported vehicles, as
2    provided in paragraph (i) of this Section.
3        (7) A truck in transit transporting 3 trucks coupled
4    together by the triple saddlemount method may not exceed 97
5    feet overall dimension.
6        (8) A towaway trailer transporter combination may not
7    exceed 82 feet overall dimension.
8    Vehicles operating during daylight hours when transporting
9poles, pipes, machinery, or other objects of a structural
10nature that cannot readily be dismembered are exempt from
11length limitations, provided that no object may exceed 80 feet
12in length and the overall dimension of the vehicle including
13the load may not exceed 100 feet. This exemption does not apply
14to operation on a Saturday, Sunday, or legal holiday. Legal
15holidays referred to in this Section are the days on which the
16following traditional holidays are celebrated: New Year's Day;
17Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
18and Christmas Day.
19    Vehicles and loads operated by a public utility while en
20route to make emergency repairs to public service facilities or
21properties are exempt from length limitations, provided that
22during night operations every vehicle and its load must be
23equipped with a sufficient number of clearance lamps on both
24sides and marker lamps on the extreme ends of any projecting
25load to clearly mark the dimensions of the load.
26    A tow truck in combination with a disabled vehicle or

 

 

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1combination of disabled vehicles, as provided in paragraph (6)
2of subsection (c) of this Section, is exempt from length
3limitations.
4    The length limitations described in this paragraph (d)
5shall be exclusive of safety and energy conservation devices,
6such as bumpers, refrigeration units or air compressors and
7other devices, that the Department may interpret as necessary
8for safe and efficient operation; except that no device
9excluded under this paragraph shall have by its design or use
10the capability to carry cargo.
11    Section 5-35 of the Illinois Administrative Procedure Act
12relating to procedures for rulemaking shall not apply to the
13designation of highways under this paragraph (d).
14    (e) On Class II highways there are no overall length
15limitations on motor vehicles operating in combinations,
16provided:
17        (1) The length of a semitrailer, unladen or with load,
18    in combination with a truck tractor, may not exceed 53 feet
19    overall dimension.
20        (2) The distance between the kingpin and the center of
21    the rear axle of a semitrailer longer than 48 feet, in
22    combination with a truck tractor, may not exceed 45 feet 6
23    inches. The limit contained in this paragraph (2) shall not
24    apply to trailers or semi-trailers used for the transport
25    of livestock as defined by Section 18b-101.
26        (3) A truck tractor-semitrailer-trailer or truck

 

 

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1    tractor semitrailer-semitrailer combination may not exceed
2    65 feet in dimension from front axle to rear axle.
3        (4) The length of a semitrailer or trailer, unladen or
4    with load, operated in a truck tractor-semitrailer-trailer
5    or truck tractor semitrailer-semitrailer combination, may
6    not exceed 28 feet 6 inches.
7        (5) Maxi-cube combinations, as defined in Chapter 1,
8    may not exceed 65 feet overall dimension.
9        (6) A combination of vehicles, specifically designed
10    to transport motor vehicles or boats, may not exceed 65
11    feet overall dimension. The length limitation is inclusive
12    of front and rear bumpers but exclusive of the overhang of
13    the transported vehicles, as provided in paragraph (i) of
14    this Section.
15        (7) Stinger-steered Stinger steered semitrailer
16    vehicles specifically designed to transport motor vehicles
17    or boats, may not exceed 80 feet overall dimension. The
18    length limitation is inclusive of front and rear bumpers
19    but exclusive of the overhang of the transported vehicles,
20    as provided in paragraph (i) of this Section.
21        (8) A truck in transit transporting 3 trucks coupled
22    together by the triple saddlemount method may not exceed 97
23    feet overall dimension.
24        (9) A towaway trailer transporter combination may not
25    exceed 82 feet overall dimension.
26    Vehicles operating during daylight hours when transporting

 

 

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1poles, pipes, machinery, or other objects of a structural
2nature that cannot readily be dismembered are exempt from
3length limitations, provided that no object may exceed 80 feet
4in length and the overall dimension of the vehicle including
5the load may not exceed 100 feet. This exemption does not apply
6to operation on a Saturday, Sunday, or legal holiday. Legal
7holidays referred to in this Section are the days on which the
8following traditional holidays are celebrated: New Year's Day;
9Memorial Day; Independence Day; Labor Day; Thanksgiving Day;
10and Christmas Day.
11    Vehicles and loads operated by a public utility while en
12route to make emergency repairs to public service facilities or
13properties are exempt from length limitations, provided that
14during night operations every vehicle and its load must be
15equipped with a sufficient number of clearance lamps on both
16sides and marker lamps on the extreme ends of any projecting
17load to clearly mark the dimensions of the load.
18    A tow truck in combination with a disabled vehicle or
19combination of disabled vehicles, as provided in paragraph (6)
20of subsection (c) of this Section, is exempt from length
21limitations.
22    Local authorities, with respect to streets and highways
23under their jurisdiction, may also by ordinance or resolution
24allow length limitations of this subsection (e).
25    The length limitations described in this paragraph (e)
26shall be exclusive of safety and energy conservation devices,

 

 

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1such as bumpers, refrigeration units or air compressors and
2other devices, that the Department may interpret as necessary
3for safe and efficient operation; except that no device
4excluded under this paragraph shall have by its design or use
5the capability to carry cargo.
6    Section 5-35 of the Illinois Administrative Procedure Act
7relating to procedures for rulemaking shall not apply to the
8designation of highways under this paragraph (e).
9    (e-1) Combinations of vehicles not exceeding 65 feet
10overall length are allowed access as follows:
11        (1) From any State designated highway onto any county,
12    township, or municipal highway for a distance of 5 highway
13    miles for the purpose of loading and unloading, provided:
14            (A) The vehicle does not exceed 80,000 pounds in
15        gross weight and 8 feet 6 inches in width.
16            (B) There is no sign prohibiting that access.
17            (C) The route is not being used as a thoroughfare
18        between State designated highways.
19        (2) From any State designated highway onto any county
20    or township highway for a distance of 5 highway miles or
21    onto any municipal highway for a distance of one highway
22    mile for the purpose of food, fuel, repairs, and rest,
23    provided:
24            (A) The vehicle does not exceed 80,000 pounds in
25        gross weight and 8 feet 6 inches in width.
26            (B) There is no sign prohibiting that access.

 

 

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1            (C) The route is not being used as a thoroughfare
2        between State designated highways.
3    (e-2) Except as provided in subsection (e-3), combinations
4of vehicles over 65 feet in length, with no overall length
5limitation except as provided in subsections (d) and (e) of
6this Section, are allowed access as follows:
7        (1) From a Class I highway onto any street or highway
8    for a distance of one highway mile for the purpose of
9    loading, unloading, food, fuel, repairs, and rest,
10    provided there is no sign prohibiting that access.
11        (2) From a Class I or Class II highway onto any State
12    highway or any locally designated highway for a distance of
13    5 highway miles for the purpose of loading, unloading,
14    food, fuel, repairs, and rest.
15    (e-3) Combinations of vehicles over 65 feet in length
16operated by household goods carriers or towaway trailer
17transporter combinations, with no overall length limitations
18except as provided in subsections (d) and (e) of this Section,
19have unlimited access to points of loading, unloading, or
20delivery to or from a manufacturer, distributor, or dealer.
21    (f) On Class III and other non-designated State highways,
22the length limitations for vehicles in combination are as
23follows:
24        (1) Truck tractor-semitrailer combinations, must
25    comply with either a maximum 55 feet overall wheel base or
26    a maximum 65 feet extreme overall dimension. An agency or

 

 

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1    instrumentality of the State of Illinois or any unit of
2    local government shall not be required to widen or
3    otherwise alter a Class III or other non-designated State
4    highway constructed before the effective date of this
5    amendatory Act of the 100th General Assembly to accommodate
6    truck tractor-semitrailer combinations under this
7    paragraph (1).
8        (2) Semitrailers, unladen or with load, may not exceed
9    53 feet overall dimension.
10        (3) No truck tractor-semitrailer-trailer or truck
11    tractor semitrailer-semitrailer combination may exceed 60
12    feet extreme overall dimension.
13        (4) The distance between the kingpin and the center
14    axle of a semitrailer longer than 48 feet, in combination
15    with a truck tractor, may not exceed 42 feet 6 inches. The
16    limit contained in this paragraph (4) shall not apply to
17    trailers or semi-trailers used for the transport of
18    livestock as defined by Section 18b-101.
19    (g) Length limitations in the preceding subsections of this
20Section 15-107 do not apply to the following:
21        (1) Vehicles operated in the daytime, except on
22    Saturdays, Sundays, or legal holidays, when transporting
23    poles, pipe, machinery, or other objects of a structural
24    nature that cannot readily be dismembered, provided the
25    overall length of vehicle and load may not exceed 100 feet
26    and no object exceeding 80 feet in length may be

 

 

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1    transported unless a permit has been obtained as authorized
2    in Section 15-301.
3        (2) Vehicles and loads operated by a public utility
4    while en route to make emergency repairs to public service
5    facilities or properties, but during night operation every
6    vehicle and its load must be equipped with a sufficient
7    number of clearance lamps on both sides and marker lamps
8    upon the extreme ends of any projecting load to clearly
9    mark the dimensions of the load.
10        (3) A tow truck in combination with a disabled vehicle
11    or combination of disabled vehicles, provided the towing
12    vehicle meets the following conditions:
13            (A) It is specifically designed as a tow truck
14        having a gross vehicle weight rating of at least 18,000
15        pounds and equipped with air brakes, provided that air
16        brakes are required only if the towing vehicle is
17        towing a vehicle, semitrailer, or tractor-trailer
18        combination that is equipped with air brakes.
19            (B) It is equipped with flashing, rotating, or
20        oscillating amber lights, visible for at least 500 feet
21        in all directions.
22            (C) It is capable of utilizing the lighting and
23        braking systems of the disabled vehicle or combination
24        of vehicles.
25            (D) It does not engage in a tow exceeding 50 miles
26        from the initial point of wreck or disablement.

 

 

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1    The Department may by rule or regulation prescribe
2additional requirements regarding length limitations for a tow
3truck towing another vehicle. The towing vehicle, however, may
4tow any disabled vehicle from the initial point of wreck or
5disablement to a point where repairs are actually to occur.
6This movement shall be valid only on State routes. The tower
7must abide by posted bridge weight limits.
8    For the purpose of this subsection, gross vehicle weight
9rating, or GVWR, shall mean the value specified by the
10manufacturer as the loaded weight of the tow truck. Legal
11holidays referred to in this Section shall be specified as the
12day on which the following traditional holidays are celebrated:
13    New Year's Day;
14    Memorial Day;
15    Independence Day;
16    Labor Day;
17    Thanksgiving Day; and
18    Christmas Day.
19    (h) The load upon any vehicle operated alone, or the load
20upon the front vehicle of a combination of vehicles, shall not
21extend more than 3 feet beyond the front wheels of the vehicle
22or the front bumper of the vehicle if it is equipped with a
23front bumper. The provisions of this subsection (h) shall not
24apply to any vehicle or combination of vehicles specifically
25designed for the collection and transportation of waste,
26garbage, or recyclable materials during the vehicle's

 

 

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1operation in the course of collecting garbage, waste, or
2recyclable materials if the vehicle is traveling at a speed not
3in excess of 15 miles per hour during the vehicle's operation
4and in the course of collecting garbage, waste, or recyclable
5materials. However, in no instance shall the load extend more
6than 7 feet beyond the front wheels of the vehicle or the front
7bumper of the vehicle if it is equipped with a front bumper.
8    (i) The load upon the front vehicle of an automobile
9transporter or a stinger-steered vehicle specifically designed
10to transport motor vehicles shall not extend more than 4 feet
11beyond the foremost part of the transporting vehicle and the
12load upon the rear transporting vehicle shall not extend more
13than 6 feet beyond the rear of the bed or body of the vehicle.
14This paragraph shall only be applicable upon highways
15designated in paragraphs (d) and (e) of this Section.
16    (j) Articulated vehicles comprised of 2 sections, neither
17of which exceeds a length of 42 feet, designed for the carrying
18of more than 10 persons, may be up to 60 feet in length, not
19including energy absorbing bumpers, provided that the vehicles
20are:
21        1. operated by or for any public body or motor carrier
22    authorized by law to provide public transportation
23    services; or
24        2. operated in local public transportation service by
25    any other person and the municipality in which the service
26    is to be provided approved the operation of the vehicle.

 

 

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1    (j-1) (Blank).
2    (k) Any person who is convicted of violating this Section
3is subject to the penalty as provided in paragraph (b) of
4Section 15-113.
5    (l) (Blank).
6(Source: P.A. 99-717, eff. 8-5-16; revised 10-28-16.)".