SB2558 EngrossedLRB100 18084 SLF 33277 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 Sections 15-102 and 15-301 as follows:
 
16    (625 ILCS 5/15-102)  (from Ch. 95 1/2, par. 15-102)
17    Sec. 15-102. Width of Vehicles.
18    (a) On Class III and non-designated State and local
19highways, the total outside width of any vehicle or load
20thereon shall not exceed 8 feet 6 inches.
21    (b) Except during those times when, due to insufficient

 

 

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1light or unfavorable atmospheric conditions, persons and
2vehicles on the highway are not clearly discernible at a
3distance of 1000 feet, the following vehicles may exceed the 8
4feet 6 inch limitation during the period from a half hour
5before sunrise to a half hour after sunset:
6        (1) Loads of hay, straw or other similar farm products
7    provided that the load is not more than 12 feet wide.
8        (2) Implements of husbandry being transported on
9    another vehicle and the transporting vehicle while loaded.
10        The following requirements apply to the transportation
11    on another vehicle of an implement of husbandry wider than
12    8 feet 6 inches on the National System of Interstate and
13    Defense Highways or other highways in the system of State
14    highways:
15            (A) The driver of a vehicle transporting an
16        implement of husbandry that exceeds 8 feet 6 inches in
17        width shall obey all traffic laws and shall check the
18        roadways prior to making a movement in order to ensure
19        that adequate clearance is available for the movement.
20        It is prima facie evidence that the driver of a vehicle
21        transporting an implement of husbandry has failed to
22        check the roadway prior to making a movement if the
23        vehicle is involved in a collision with a bridge,
24        overpass, fixed structure, or properly placed traffic
25        control device or if the vehicle blocks traffic due to
26        its inability to proceed because of a bridge, overpass,

 

 

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1        fixed structure, or properly placed traffic control
2        device.
3            (B) Flags shall be displayed so as to wave freely
4        at the extremities of overwidth objects and at the
5        extreme ends of all protrusions, projections, and
6        overhangs. All flags shall be clean, bright red flags
7        with no advertising, wording, emblem, or insignia
8        inscribed upon them and at least 18 inches square.
9            (C) "OVERSIZE LOAD" signs are mandatory on the
10        front and rear of all vehicles with loads over 10 feet
11        wide. These signs must have 12-inch high black letters
12        with a 2-inch stroke on a yellow sign that is 7 feet
13        wide by 18 inches high.
14            (D) One civilian escort vehicle is required for a
15        load that exceeds 14 feet 6 inches in width and 2
16        civilian escort vehicles are required for a load that
17        exceeds 16 feet in width on the National System of
18        Interstate and Defense Highways or other highways in
19        the system of State highways.
20            (E) The requirements for a civilian escort vehicle
21        and driver are as follows:
22                (1) The civilian escort vehicle shall be a
23            passenger car or a second division vehicle not
24            exceeding a gross vehicle weight rating of 26,000
25            8,000 pounds that is designed to afford clear and
26            unobstructed vision to both front and rear.

 

 

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1                (2) The escort vehicle driver must be properly
2            licensed to operate the vehicle.
3                (3) While in use, the escort vehicle must be
4            equipped with illuminated rotating, oscillating,
5            or flashing amber lights or flashing amber strobe
6            lights mounted on top that are of sufficient
7            intensity to be visible at 500 feet in normal
8            sunlight.
9                (4) "OVERSIZE LOAD" signs are mandatory on all
10            escort vehicles. The sign on an escort vehicle
11            shall have 8-inch high black letters on a yellow
12            sign that is 5 feet wide by 12 inches high.
13                (5) When only one escort vehicle is required
14            and it is operating on a two-lane highway, the
15            escort vehicle shall travel approximately 300 feet
16            ahead of the load. The rotating, oscillating, or
17            flashing lights or flashing amber strobe lights
18            and an "OVERSIZE LOAD" sign shall be displayed on
19            the escort vehicle and shall be visible from the
20            front. When only one escort vehicle is required and
21            it is operating on a multilane divided highway, the
22            escort vehicle shall travel approximately 300 feet
23            behind the load and the sign and lights shall be
24            visible from the rear.
25                (6) When 2 escort vehicles are required, one
26            escort shall travel approximately 300 feet ahead

 

 

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1            of the load and the second escort shall travel
2            approximately 300 feet behind the load. The
3            rotating, oscillating, or flashing lights or
4            flashing amber strobe lights and an "OVERSIZE
5            LOAD" sign shall be displayed on the escort
6            vehicles and shall be visible from the front on the
7            lead escort and from the rear on the trailing
8            escort.
9                (7) When traveling within the corporate limits
10            of a municipality, the escort vehicle shall
11            maintain a reasonable and proper distance from the
12            oversize load, consistent with existing traffic
13            conditions.
14                (8) A separate escort shall be provided for
15            each load hauled.
16                (9) The driver of an escort vehicle shall obey
17            all traffic laws.
18                (10) The escort vehicle must be in safe
19            operational condition.
20                (11) The driver of the escort vehicle must be
21            in radio contact with the driver of the vehicle
22            carrying the oversize load.
23            (F) A transport vehicle while under load of more
24        than 8 feet 6 inches in width must be equipped with an
25        illuminated rotating, oscillating, or flashing amber
26        light or lights or a flashing amber strobe light or

 

 

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1        lights mounted on the top of the cab that are of
2        sufficient intensity to be visible at 500 feet in
3        normal sunlight. If the load on the transport vehicle
4        blocks the visibility of the amber lighting from the
5        rear of the vehicle, the vehicle must also be equipped
6        with an illuminated rotating, oscillating, or flashing
7        amber light or lights or a flashing amber strobe light
8        or lights mounted on the rear of the load that are of
9        sufficient intensity to be visible at 500 feet in
10        normal sunlight.
11            (G) When a flashing amber light is required on the
12        transport vehicle under load and it is operating on a
13        two-lane highway, the transport vehicle shall display
14        to the rear at least one rotating, oscillating, or
15        flashing light or a flashing amber strobe light and an
16        "OVERSIZE LOAD" sign. When a flashing amber light is
17        required on the transport vehicle under load and it is
18        operating on a multilane divided highway, the sign and
19        light shall be visible from the rear.
20            (H) Maximum speed shall be 45 miles per hour on all
21        such moves or 5 miles per hour above the posted minimum
22        speed limit, whichever is greater, but the vehicle
23        shall not at any time exceed the posted maximum speed
24        limit.
25        (3) Portable buildings designed and used for
26    agricultural and livestock raising operations that are not

 

 

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1    more than 14 feet wide and with not more than a 1 foot
2    overhang along the left side of the hauling vehicle.
3    However, the buildings shall not be transported more than
4    10 miles and not on any route that is part of the National
5    System of Interstate and Defense Highways.
6    All buildings when being transported shall display at least
72 red cloth flags, not less than 12 inches square, mounted as
8high as practicable on the left and right side of the building.
9    A State Police escort shall be required if it is necessary
10for this load to use part of the left lane when crossing any 2
11laned State highway bridge.
12    (c) Vehicles propelled by electric power obtained from
13overhead trolley wires operated wholly within the corporate
14limits of a municipality are also exempt from the width
15limitation.
16    (d) (Blank).
17    (d-1) A recreational vehicle, as defined in Section 1-169,
18may exceed 8 feet 6 inches in width if:
19        (1) the excess width is attributable to appurtenances
20    that extend 6 inches or less beyond either side of the body
21    of the vehicle; and
22        (2) the roadway on which the vehicle is traveling has
23    marked lanes for vehicular traffic that are at least 11
24    feet in width.
25    As used in this subsection (d-1) and in subsection (d-2),
26the term appurtenance includes (i) a retracted awning and its

 

 

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1support hardware and (ii) any appendage that is intended to be
2an integral part of a recreation vehicle.
3    (d-2) A recreational vehicle that exceeds 8 feet 6 inches
4in width as provided in subsection (d-1) may travel any roadway
5of the State if the vehicle is being operated between a roadway
6permitted under subsection (d-1) and:
7        (1) the location where the recreation vehicle is
8    garaged;
9        (2) the destination of the recreation vehicle; or
10        (3) a facility for food, fuel, repair, services, or
11    rest.
12    (e) A vehicle and load traveling upon the National System
13of Interstate and Defense Highways or any other highway in the
14system of State highways that has been designated as a Class I
15or Class II highway by the Department, or any street or highway
16designated by local authorities, may have a total outside width
17of 8 feet 6 inches, provided that certain safety devices that
18the Department determines as necessary for the safe and
19efficient operation of motor vehicles shall not be included in
20the calculation of width.
21    Section 5-35 of the Illinois Administrative Procedure Act
22relating to procedures for rulemaking shall not apply to the
23designation of highways under this paragraph (e).
24    (f) Mirrors required by Section 12-502 of this Code and
25other safety devices identified by the Department may project
26up to 14 inches beyond each side of a bus and up to 6 inches

 

 

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1beyond each side of any other vehicle, and that projection
2shall not be deemed a violation of the width restrictions of
3this Section.
4    (g) Any person who is convicted of violating this Section
5is subject to the penalty as provided in paragraph (b) of
6Section 15-113.
7(Source: P.A. 96-34, eff. 1-1-10; 96-37, eff. 7-13-09; 96-220,
8eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
9    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
10    Sec. 15-301. Permits for excess size and weight.
11    (a) The Department with respect to highways under its
12jurisdiction and local authorities with respect to highways
13under their jurisdiction may, in their discretion, upon
14application and good cause being shown therefor, issue a
15special permit authorizing the applicant to operate or move a
16vehicle or combination of vehicles of a size or weight of
17vehicle or load exceeding the maximum specified in this Act or
18otherwise not in conformity with this Act upon any highway
19under the jurisdiction of the party granting such permit and
20for the maintenance of which the party is responsible.
21Applications and permits other than those in written or printed
22form may only be accepted from and issued to the company or
23individual making the movement. Except for an application to
24move directly across a highway, it shall be the duty of the
25applicant to establish in the application that the load to be

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1over any highway except the National System of Interstate and
2Defense Highways. The operator of the vehicle, however, must
3abide by posted bridge and posted highway weight limits. All
4implements of husbandry operating under this Section between
5sunset and sunrise shall be equipped as prescribed in Section
612-205.1.
7    (e-1) Upon a declaration by the Governor that an emergency
8harvest situation exists, a special permit issued by the
9Department under this Section shall be required from September
101 through December 31 during harvest season emergencies for a
11vehicle that exceeds the maximum axle weight and gross weight
12limits under Section 15-111 of this Code or exceeds the
13vehicle's registered gross weight, provided that the vehicle's
14axle weight and gross weight do not exceed 10% above the
15maximum limits under Section 15-111 of this Code and does not
16exceed the vehicle's registered gross weight by 10%. All other
17restrictions that apply to permits issued under this Section
18shall apply during the declared time period and no fee shall be
19charged for the issuance of those permits. Permits issued by
20the Department under this subsection (e-1) are only valid on
21federal and State highways under the jurisdiction of the
22Department, except interstate highways. With respect to
23highways under the jurisdiction of local authorities, the local
24authorities may, at their discretion, waive special permit
25requirements during harvest season emergencies, and set a
26divisible load weight limit not to exceed 10% above a vehicle's

 

 

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1registered gross weight, provided that the vehicle's axle
2weight and gross weight do not exceed 10% above the maximum
3limits specified in Section 15-111. Permits issued under this
4subsection (e-1) shall apply to all registered vehicles
5eligible to obtain permits under this Section, including
6vehicles used in private or for-hire movement of divisible load
7agricultural commodities during the declared time period.
8    (f) The form and content of the permit shall be determined
9by the Department with respect to highways under its
10jurisdiction and by local authorities with respect to highways
11under their jurisdiction. Every permit shall be in written form
12and carried in the vehicle or combination of vehicles to which
13it refers and shall be open to inspection by any police officer
14or authorized agent of any authority granting the permit and no
15person shall violate any of the terms or conditions of such
16special permit. Violation of the terms and conditions of the
17permit shall not be deemed a revocation of the permit; however,
18any vehicle and load found to be off the route prescribed in
19the permit shall be held to be operating without a permit. Any
20off route vehicle and load shall be required to obtain a new
21permit or permits, as necessary, to authorize the movement back
22onto the original permit routing. No rule or regulation, nor
23anything herein shall be construed to authorize any police
24officer, court, or authorized agent of any authority granting
25the permit to remove the permit from the possession of the
26permittee unless the permittee is charged with a fraudulent

 

 

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1permit violation as provided in subsection paragraph (i).
2However, upon arrest for an offense of violation of permit,
3operating without a permit when the vehicle is off route, or
4any size or weight offense under this Chapter when the
5permittee plans to raise the issuance of the permit as a
6defense, the permittee, or his agent, must produce the permit
7at any court hearing concerning the alleged offense.
8    If the permit designates and includes a routing to a
9certified scale, the permittee, while enroute to the designated
10scale, shall be deemed in compliance with the weight provisions
11of the permit provided the axle or gross weights do not exceed
12any of the permitted limits by more than the following amounts:
13        Single axle               2000 pounds
14        Tandem axle               3000 pounds
15        Gross                     5000 pounds
16    (g) The Department is authorized to adopt, amend, and to
17make available to interested persons a policy concerning
18reasonable rules, limitations and conditions or provisions of
19operation upon highways under its jurisdiction in addition to
20those contained in this Section for the movement by special
21permit of vehicles, combinations, or loads which cannot
22reasonably be dismantled or disassembled, including
23manufactured and modular home sections and portions thereof.
24All rules, limitations and conditions or provisions adopted in
25the policy shall have due regard for the safety of the
26traveling public and the protection of the highway system and

 

 

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1shall have been promulgated in conformity with the provisions
2of the Illinois Administrative Procedure Act. The requirements
3of the policy for flagmen and escort vehicles shall be the same
4for all moves of comparable size and weight. When escort
5vehicles are required, they shall meet the following
6requirements:
7        (1) All operators shall be 18 years of age or over and
8    properly licensed to operate the vehicle.
9        (2) Vehicles escorting oversized loads more than
10    12-feet wide must be equipped with a rotating or flashing
11    amber light mounted on top as specified under Section
12    12-215.
13    The Department shall establish reasonable rules and
14regulations regarding liability insurance or self insurance
15for vehicles with oversized loads promulgated under the
16Illinois Administrative Procedure Act. Police vehicles may be
17required for escort under circumstances as required by rules
18and regulations of the Department.
19    (h) Violation of any rule, limitation or condition or
20provision of any permit issued in accordance with the
21provisions of this Section shall not render the entire permit
22null and void but the violator shall be deemed guilty of
23violation of permit and guilty of exceeding any size, weight or
24load limitations in excess of those authorized by the permit.
25The prescribed route or routes on the permit are not mere
26rules, limitations, conditions, or provisions of the permit,

 

 

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1but are also the sole extent of the authorization granted by
2the permit. If a vehicle and load are found to be off the route
3or routes prescribed by any permit authorizing movement, the
4vehicle and load are operating without a permit. Any off-route
5off route movement shall be subject to the size and weight
6maximums, under the applicable provisions of this Chapter, as
7determined by the type or class highway upon which the vehicle
8and load are being operated.
9    (i) Whenever any vehicle is operated or movement made under
10a fraudulent permit the permit shall be void, and the person,
11firm, or corporation to whom such permit was granted, the
12driver of such vehicle in addition to the person who issued
13such permit and any accessory, shall be guilty of fraud and
14either one or all persons may be prosecuted for such violation.
15Any person, firm, or corporation committing such violation
16shall be guilty of a Class 4 felony and the Department shall
17not issue permits to the person, firm or corporation convicted
18of such violation for a period of one year after the date of
19conviction. Penalties for violations of this Section shall be
20in addition to any penalties imposed for violation of other
21Sections of this Code Act.
22    (j) Whenever any vehicle is operated or movement made in
23violation of a permit issued in accordance with this Section,
24the person to whom such permit was granted, or the driver of
25such vehicle, is guilty of such violation and either, but not
26both, persons may be prosecuted for such violation as stated in

 

 

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1this subsection (j). Any person, firm, or corporation convicted
2of such violation shall be guilty of a petty offense and shall
3be fined for the first offense, not less than $50 nor more than
4$200 and, for the second offense by the same person, firm, or
5corporation within a period of one year, not less than $200 nor
6more than $300 and, for the third offense by the same person,
7firm, or corporation within a period of one year after the date
8of the first offense, not less than $300 nor more than $500 and
9the Department may, in its discretion, shall not issue permits
10to the person, firm, or corporation convicted of a third
11offense during a period of one year after the date of
12conviction or supervision for such third offense. Except as
13otherwise provided in this subsection (j), if any violation is
14the cause or contributing cause in a motor vehicle accident
15causing damage to property, injury, or death to a person, the
16Department may, in its discretion, not issue a permit to the
17person, firm, or corporation for a period of 180 days after the
18date of conviction or supervision for the offense.
19    (k) Whenever any vehicle is operated on local roads under
20permits for excess width or length issued by local authorities,
21such vehicle may be moved upon a State highway for a distance
22not to exceed one-half mile without a permit for the purpose of
23crossing the State highway.
24    (l) Notwithstanding any other provision of this Section,
25the Department, with respect to highways under its
26jurisdiction, and local authorities, with respect to highways

 

 

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1under their jurisdiction, may at their discretion authorize the
2movement of a vehicle in violation of any size or weight
3requirement, or both, that would not ordinarily be eligible for
4a permit, when there is a showing of extreme necessity that the
5vehicle and load should be moved without unnecessary delay.
6    For the purpose of this subsection, showing of extreme
7necessity shall be limited to the following: shipments of
8livestock, hazardous materials, liquid concrete being hauled
9in a mobile cement mixer, or hot asphalt.
10    (m) Penalties for violations of this Section shall be in
11addition to any penalties imposed for violating any other
12Section of this Code.
13    (n) The Department with respect to highways under its
14jurisdiction and local authorities with respect to highways
15under their jurisdiction, in their discretion and upon
16application in writing, may issue a special permit for
17continuous limited operation, authorizing the applicant to
18operate a tow truck tow-truck that exceeds the weight limits
19provided for in subsection (a) of Section 15-111, provided:
20        (1) no rear single axle of the tow truck tow-truck
21    exceeds 26,000 pounds;
22        (2) no rear tandem axle of the tow truck tow-truck
23    exceeds 50,000 pounds;
24        (2.1) no triple rear axle on a manufactured recovery
25    unit exceeds 60,000 pounds;
26        (3) neither the disabled vehicle nor the disabled

 

 

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1    combination of vehicles exceed the weight restrictions
2    imposed by this Chapter 15, or the weight limits imposed
3    under a permit issued by the Department prior to hookup;
4        (4) the tow truck tow-truck prior to hookup does not
5    exceed the weight restrictions imposed by this Chapter 15;
6        (5) during the tow operation the tow truck tow-truck
7    does not violate any weight restriction sign;
8        (6) the tow truck tow-truck is equipped with flashing,
9    rotating, or oscillating amber lights, visible for at least
10    500 feet in all directions;
11        (7) the tow truck tow-truck is specifically designed
12    and licensed as a tow truck tow-truck;
13        (8) the tow truck tow-truck has a gross vehicle weight
14    rating of sufficient capacity to safely handle the load;
15        (9) the tow truck tow-truck is equipped with air
16    brakes;
17        (10) the tow truck tow-truck is capable of utilizing
18    the lighting and braking systems of the disabled vehicle or
19    combination of vehicles;
20        (11) the tow commences at the initial point of wreck or
21    disablement and terminates at a point where the repairs are
22    actually to occur;
23        (12) the permit issued to the tow truck tow-truck is
24    carried in the tow truck tow-truck and exhibited on demand
25    by a police officer; and
26        (13) the movement shall be valid only on State state

 

 

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1    routes approved by the Department.
2    (o) (Blank).
3    (p) In determining whether a load may be reasonably
4dismantled or disassembled for the purpose of subsection
5paragraph (a), the Department shall consider whether there is a
6significant negative impact on the condition of the pavement
7and structures along the proposed route, whether the load or
8vehicle as proposed causes a safety hazard to the traveling
9public, whether dismantling or disassembling the load promotes
10or stifles economic development and whether the proposed route
11travels less than 5 miles. A load is not required to be
12dismantled or disassembled for the purposes of subsection
13paragraph (a) if the Secretary of the Department determines
14there will be no significant negative impact to pavement or
15structures along the proposed route, the proposed load or
16vehicle causes no safety hazard to the traveling public,
17dismantling or disassembling the load does not promote economic
18development and the proposed route travels less than 5 miles.
19The Department may promulgate rules for the purpose of
20establishing the divisibility of a load pursuant to subsection
21paragraph (a). Any load determined by the Secretary to be
22nondivisible shall otherwise comply with the existing size or
23weight maximums specified in this Chapter.
24(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
25revised 10-12-17.)