100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2568

 

Introduced 2/6/2018, by Sen. Pat McGuire

 

SYNOPSIS AS INTRODUCED:
 
20 ILCS 3305/23 new
625 ILCS 5/3-401  from Ch. 95 1/2, par. 3-401
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301
625 ILCS 5/18b-105  from Ch. 95 1/2, par. 18b-105

    Amends the Illinois Emergency Management Agency Act. Provides that upon declaration of a disaster by the Governor, pursuant to conditions established by the Department of Transportation, a waste hauler providing disaster assistance to any political subdivision in this State that is located within the declared disaster area shall be relieved from compliance with requirements concerning hours of service for drivers during a 14-day period after the date the disaster was declared. Amends the Illinois Vehicle Code. Makes conforming changes. Provides that upon declaration by the Governor that a disaster exists, a special permit issued by the Department shall be required for a vehicle operated by a waste hauler that exceeds the maximum axle weight and gross weight limits under the Code or exceeds the vehicle's registered gross weight, provided that the vehicle's weight and gross weight do not exceed the maximum limits under the Code by 10% and does not exceed the vehicle's registered gross weight by 10%. Provides that with respect to a highway under the jurisdiction of a local authority, a local authority may waive special permit requirements for a vehicle operated by a waste hauler during a disaster to remove waste from a disaster area and may set a divisible load weight limit not to exceed the vehicle's registered gross weight by 10%, provided that the vehicle's axle weight and gross weight do not exceed the maximum limits under the Code by 10%. Effective immediately.


LRB100 18590 LNS 33814 b

 

 

A BILL FOR

 

SB2568LRB100 18590 LNS 33814 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 Emergency Management Agency Act is
5amended by adding Section 23 as follows:
 
6    (20 ILCS 3305/23 new)
7    Sec. 23. Waste hauler. Upon declaration of a disaster by
8the Governor, pursuant to conditions established by the
9Department of Transportation, a waste hauler providing
10disaster assistance to any political subdivision in this State
11that is located within the declared disaster area shall be
12relieved from compliance with the requirements of 92 Ill. Adm.
13Code 395 for a 14-day period after the date the disaster was
14declared. The 14-day period may be extended by the Illinois
15Department of Transportation for any political subdivision in
16this State upon the request of the principal executive officer
17of that political subdivision.
 
18    Section 10. The Illinois Vehicle Code is amended by
19changing Sections 3-401, 15-301, and 18b-105 as follows:
 
20    (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
21    Sec. 3-401. Effect of provisions.

 

 

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1    (a) It shall be unlawful for any person to violate any
2provision of this Chapter or to drive or move or for an owner
3knowingly to permit to be driven or moved upon any highway any
4vehicle of a type required to be registered hereunder which is
5not registered or for which the appropriate fee has not been
6paid when and as required hereunder, except that when
7application accompanied by proper fee has been made for
8registration of a vehicle it may be operated temporarily
9pending complete registration upon displaying a duplicate
10application duly verified or other evidence of such application
11or otherwise under rules and regulations promulgated by the
12Secretary of State.
13    (b) The appropriate fees required to be paid under the
14various provisions of this Act for registration of vehicles
15shall mean the fee or fees which would have been paid
16initially, if proper and timely application had been made to
17the Secretary of State for the appropriate registration
18required, whether such registration be a flat weight
19registration, a single trip permit, a reciprocity permit or a
20supplemental application to an original prorate application
21together with payment of fees due under the supplemental
22application for prorate decals.
23    (c) Effective October 1, 1984, no vehicle required to pay a
24Federal Highway Users Tax shall be registered unless proof of
25payment, in a form prescribed and approved by the Secretary of
26State, is submitted with the appropriate registration.

 

 

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1Notwithstanding any other provision of this Code, failure of
2the applicant to comply with this paragraph shall be deemed
3grounds for the Secretary to refuse registration.
4    (c-1) A vehicle may not be registered by the Secretary of
5State unless that vehicle:
6        (1) was originally manufactured for operation on
7    highways;
8        (2) is a modification of a vehicle that was originally
9    manufactured for operation on highways; or
10        (3) was assembled from component parts designed for use
11    in vehicles to be operated on highways.
12    (d) Second division vehicles.
13        (1) A vehicle of the second division moved or operated
14    within this State shall have had paid for it the
15    appropriate registration fees and flat weight tax, as
16    evidenced by the Illinois registration issued for that
17    vehicle, for the gross weight of the vehicle and load being
18    operated or moved within this State. Second division
19    vehicles of foreign jurisdictions operated within this
20    State under a single trip permit, fleet reciprocity plan,
21    prorate registration plan, or apportional registration
22    plan, instead of second division vehicle registration
23    under Article VIII of this Chapter, must have had paid for
24    it the appropriate registration fees and flat weight tax in
25    the base jurisdiction of that vehicle, as evidenced by the
26    maximum gross weight shown on the foreign registration

 

 

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1    cards, plus any appropriate fees required under this Code.
2        (2) If a vehicle and load are operated in this State
3    and the appropriate fees and taxes have not been paid or
4    the vehicle and load exceed the registered gross weight for
5    which the required fees and taxes have been paid by 2001
6    pounds or more, the operator or owner shall be fined as
7    provided in Section 15-113 of this Code. However, an owner
8    or operator shall not be subject to arrest under this
9    subsection for any weight in excess of 80,000 pounds.
10    Further, no fine shall exceed the actual cost of what the
11    appropriate registration for that vehicle and load should
12    have been as established in subsection (a) of Section 3-815
13    of this Chapter regardless of the route traveled. For
14    purposes of this paragraph (2), "appropriate registration"
15    means the full annual cost of the required registration and
16    its associated fees.
17        (3) Any person operating a legal combination of
18    vehicles displaying valid registration shall not be
19    considered in violation of the registration provision of
20    this subsection unless the total gross weight of the
21    combination exceeds the total licensed weight of the
22    vehicles in the combination. The gross weight of a vehicle
23    exempt from the registration requirements of this Chapter
24    shall not be included when determining the total gross
25    weight of vehicles in combination. Any vehicle operating
26    under (i) an emergency harvest permit, as described in

 

 

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1    subsection (e-1) of Section 15-301 of this Code, or (ii) a
2    disaster assistance permit, as described under subsection
3    (e-5) of Section 15-301, shall not be in violation of this
4    paragraph (3).
5        (4) If the defendant claims that he or she had
6    previously paid the appropriate Illinois registration fees
7    and taxes for this vehicle before the alleged violation,
8    the defendant shall have the burden of proving the
9    existence of the payment by competent evidence. Proof of
10    proper Illinois registration issued by the Secretary of
11    State, or the appropriate registration authority from the
12    foreign state, shall be the only competent evidence of
13    payment.
14(Source: P.A. 100-70, eff. 8-11-17.)
 
15    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
16    Sec. 15-301. Permits for excess size and weight.
17    (a) The Department with respect to highways under its
18jurisdiction and local authorities with respect to highways
19under their jurisdiction may, in their discretion, upon
20application and good cause being shown therefor, issue a
21special permit authorizing the applicant to operate or move a
22vehicle or combination of vehicles of a size or weight of
23vehicle or load exceeding the maximum specified in this Act or
24otherwise not in conformity with this Act upon any highway
25under the jurisdiction of the party granting such permit and

 

 

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

 

 

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

 

 

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1registration or permit and does not have such certificate,
2registration or permit.
3    (c) The Department or local authority when not inconsistent
4with traffic safety is authorized to issue or withhold such
5permit at its discretion; or, if such permit is issued at its
6discretion to prescribe the route or routes to be traveled, to
7limit the number of trips, to establish seasonal or other time
8limitations within which the vehicles described may be operated
9on the highways indicated, or otherwise to limit or prescribe
10conditions of operations of such vehicle or vehicles, when
11necessary to assure against undue damage to the road
12foundations, surfaces or structures, and may require such
13undertaking or other security as may be deemed necessary to
14compensate for any injury to any roadway or road structure. The
15Department shall maintain a daily record of each permit issued
16along with the fee and the stipulated dimensions, weights,
17conditions and restrictions authorized and this record shall be
18presumed correct in any case of questions or dispute. The
19Department shall install an automatic device for recording
20applications received and permits issued by telephone. In
21making application by telephone, the Department and applicant
22waive all objections to the recording of the conversation.
23    (d) The Department shall, upon application in writing from
24any local authority, issue an annual permit authorizing the
25local authority to move oversize highway construction,
26transportation, utility and maintenance equipment over roads

 

 

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1under the jurisdiction of the Department. The permit shall be
2applicable only to equipment and vehicles owned by or
3registered in the name of the local authority, and no fee shall
4be charged for the issuance of such permits.
5    (e) As an exception to subsection paragraph (a) of this
6Section, the Department and local authorities, with respect to
7highways under their respective jurisdictions, in their
8discretion and upon application in writing may issue a special
9permit for limited continuous operation, authorizing the
10applicant to move loads of agricultural commodities on a 2-axle
112 axle single vehicle registered by the Secretary of State with
12axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
13vehicle registered by the Secretary of State with axle loads
14not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
15the Secretary of State not to exceed 10% above those provided
16in Section 15-111. The total gross weight of the vehicle,
17however, may not exceed the maximum gross weight of the
18registration class of the vehicle allowed under Section 3-815
19or 3-818 of this Code.
20    As used in this Section, "agricultural commodities" means:
21        (1) cultivated plants or agricultural produce grown
22    including, but is not limited to, corn, soybeans, wheat,
23    oats, grain sorghum, canola, and rice;
24        (2) livestock, including, but not limited to, hogs,
25    equine, sheep, and poultry;
26        (3) ensilage; and

 

 

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1        (4) fruits and vegetables.
2    Permits may be issued for a period not to exceed 40 days
3and moves may be made of a distance not to exceed 50 miles from
4a field, an on-farm grain storage facility, a warehouse as
5defined in the Illinois Grain Code, or a livestock management
6facility as defined in the Livestock Management Facilities Act
7over any highway except the National System of Interstate and
8Defense Highways. The operator of the vehicle, however, must
9abide by posted bridge and posted highway weight limits. All
10implements of husbandry operating under this Section between
11sunset and sunrise shall be equipped as prescribed in Section
1212-205.1.
13    (e-1) Upon a declaration by the Governor that an emergency
14harvest situation exists, a special permit issued by the
15Department under this Section shall be required from September
161 through December 31 during harvest season emergencies for a
17vehicle that exceeds the maximum axle weight and gross weight
18limits under Section 15-111 of this Code or exceeds the
19vehicle's registered gross weight, provided that the vehicle's
20axle weight and gross weight do not exceed 10% above the
21maximum limits under Section 15-111 of this Code and does not
22exceed the vehicle's registered gross weight by 10%. All other
23restrictions that apply to permits issued under this Section
24shall apply during the declared time period and no fee shall be
25charged for the issuance of those permits. Permits issued by
26the Department under this subsection (e-1) are only valid on

 

 

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1federal and State highways under the jurisdiction of the
2Department, except interstate highways. With respect to
3highways under the jurisdiction of local authorities, the local
4authorities may, at their discretion, waive special permit
5requirements during harvest season emergencies, and set a
6divisible load weight limit not to exceed 10% above a vehicle's
7registered gross weight, provided that the vehicle's axle
8weight and gross weight do not exceed 10% above the maximum
9limits specified in Section 15-111. Permits issued under this
10subsection (e-1) shall apply to all registered vehicles
11eligible to obtain permits under this Section, including
12vehicles used in private or for-hire movement of divisible load
13agricultural commodities during the declared time period.
14    (e-5) Upon declaration by the Governor that a disaster, as
15defined under Section 4 of the Illinois Emergency Management
16Agency Act, exists, a special permit issued by the Department
17shall be required for a vehicle operated by a waste hauler that
18exceeds the maximum axle weight and gross weight limits under
19Section 15-111 of this Code or exceeds the vehicle's registered
20gross weight, provided that the vehicle's weight and gross
21weight do not exceed the maximum limits under Section 15-111 of
22this Code by 10% and do not exceed the vehicle's registered
23gross weight by 10%. With respect to a highway under the
24jurisdiction of a local authority, a local authority may waive
25special permit requirements for a vehicle operated by a waste
26hauler during a disaster to remove waste from a disaster area

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1such vehicle, is guilty of such violation and either, but not
2both, persons may be prosecuted for such violation as stated in
3this subsection (j). Any person, firm or corporation convicted
4of such violation shall be guilty of a petty offense and shall
5be fined for the first offense, not less than $50 nor more than
6$200 and, for the second offense by the same person, firm or
7corporation within a period of one year, not less than $200 nor
8more than $300 and, for the third offense by the same person,
9firm or corporation within a period of one year after the date
10of the first offense, not less than $300 nor more than $500 and
11the Department shall not issue permits to the person, firm or
12corporation convicted of a third offense during a period of one
13year after the date of conviction for such third offense.
14    (k) Whenever any vehicle is operated on local roads under
15permits for excess width or length issued by local authorities,
16such vehicle may be moved upon a State highway for a distance
17not to exceed one-half mile without a permit for the purpose of
18crossing the State highway.
19    (l) Notwithstanding any other provision of this Section,
20the Department, with respect to highways under its
21jurisdiction, and local authorities, with respect to highways
22under their jurisdiction, may at their discretion authorize the
23movement of a vehicle in violation of any size or weight
24requirement, or both, that would not ordinarily be eligible for
25a permit, when there is a showing of extreme necessity that the
26vehicle and load should be moved without unnecessary delay.

 

 

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1    For the purpose of this subsection, showing of extreme
2necessity shall be limited to the following: shipments of
3livestock, hazardous materials, liquid concrete being hauled
4in a mobile cement mixer, or hot asphalt.
5    (m) Penalties for violations of this Section shall be in
6addition to any penalties imposed for violating any other
7Section of this Code.
8    (n) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction, in their discretion and upon
11application in writing, may issue a special permit for
12continuous limited operation, authorizing the applicant to
13operate a tow truck tow-truck that exceeds the weight limits
14provided for in subsection (a) of Section 15-111, provided:
15        (1) no rear single axle of the tow truck tow-truck
16    exceeds 26,000 pounds;
17        (2) no rear tandem axle of the tow truck tow-truck
18    exceeds 50,000 pounds;
19        (2.1) no triple rear axle on a manufactured recovery
20    unit exceeds 60,000 pounds;
21        (3) neither the disabled vehicle nor the disabled
22    combination of vehicles exceed the weight restrictions
23    imposed by this Chapter 15, or the weight limits imposed
24    under a permit issued by the Department prior to hookup;
25        (4) the tow truck tow-truck prior to hookup does not
26    exceed the weight restrictions imposed by this Chapter 15;

 

 

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

 

 

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1significant negative impact on the condition of the pavement
2and structures along the proposed route, whether the load or
3vehicle as proposed causes a safety hazard to the traveling
4public, whether dismantling or disassembling the load promotes
5or stifles economic development and whether the proposed route
6travels less than 5 miles. A load is not required to be
7dismantled or disassembled for the purposes of subsection
8paragraph (a) if the Secretary of the Department determines
9there will be no significant negative impact to pavement or
10structures along the proposed route, the proposed load or
11vehicle causes no safety hazard to the traveling public,
12dismantling or disassembling the load does not promote economic
13development and the proposed route travels less than 5 miles.
14The Department may promulgate rules for the purpose of
15establishing the divisibility of a load pursuant to subsection
16paragraph (a). Any load determined by the Secretary to be
17nondivisible shall otherwise comply with the existing size or
18weight maximums specified in this Chapter.
19(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
20revised 10-12-17.)
 
21    (625 ILCS 5/18b-105)  (from Ch. 95 1/2, par. 18b-105)
22    Sec. 18b-105. Rules and Regulations.
23    (a) The Department is authorized to make and adopt
24reasonable rules and regulations and orders consistent with law
25necessary to carry out the provisions of this Chapter.

 

 

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1    (b) The following parts of Title 49 of the Code of Federal
2Regulations, as now in effect, are hereby adopted by reference
3as though they were set out in full:
4    Part 40 - Procedures For Transportation Workplace Drug and
5Alcohol Testing Programs;
6    Part 380 - Special Training Requirements;
7    Part 382 - Controlled Substances and Alcohol Use and
8Testing;
9    Part 383 - Commercial Driver's License Standards,
10Requirements, and Penalties;
11    Part 385 - Safety Fitness Procedures;
12    Part 386 Appendix B - Penalty Schedule; Violations and
13Maximum Monetary Penalties;
14    Part 387 - Minimum Levels of Financial Responsibility for
15Motor Carriers;
16    Part 390 - Federal Motor Carrier Safety Regulations:
17General;
18    Part 391 - Qualifications of Drivers;
19    Part 392 - Driving of Motor Vehicles;
20    Part 393 - Parts and Accessories Necessary for Safe
21Operation;
22    Part 395 - Hours of Service of Drivers, except as provided
23in Section 18b-106.1;
24    Part 396 - Inspection, Repair and Maintenance; and
25    Part 397 - Transportation of hazardous materials; Driving
26and Parking Rules.

 

 

SB2568- 21 -LRB100 18590 LNS 33814 b

1    (b-5) Individuals who meet the requirements set forth in
2the definition of "medical examiner" in Section 390.5 of Part
3390 of Title 49 of the Code of Federal Regulations may act as
4medical examiners in accordance with Part 391 of Title 49 of
5the Code of Federal Regulations.
6    (c) The following parts and Sections of the Federal Motor
7Carrier Safety Regulations shall not apply to those intrastate
8carriers, drivers or vehicles subject to subsection (b).
9        (1) Section 393.93 of Part 393 for those vehicles
10    manufactured before June 30, 1972.
11        (2) Section 393.86 of Part 393 for those vehicles
12    registered as farm trucks under subsection (c) of Section
13    3-815 of this Code.
14        (3) (Blank).
15        (4) (Blank).
16        (5) Paragraph (b)(1) of Section 391.11 of Part 391.
17        (6) All of Part 395 for all agricultural operations as
18    defined in Section 18b-101 of this Chapter at any time of
19    the year and all farm to market agricultural transportation
20    as defined in Chapter 1 and for grain hauling operations
21    within a radius of 200 air miles of the normal work
22    reporting location.
23        (7) Paragraphs (b)(3) (insulin dependent diabetic) and
24    (b)(10) (minimum visual acuity) of Section 391.41 of part
25    391, but only for any driver who immediately prior to July
26    29, 1986 was eligible and licensed to operate a motor

 

 

SB2568- 22 -LRB100 18590 LNS 33814 b

1    vehicle subject to this Section and was engaged in
2    operating such vehicles, and who was disqualified on July
3    29, 1986 by the adoption of Part 391 by reason of the
4    application of paragraphs (b)(3) and (b)(10) of Section
5    391.41 with respect to a physical condition existing at
6    that time unless such driver has a record of accidents
7    which would indicate a lack of ability to operate a motor
8    vehicle in a safe manner.
9    (d) Intrastate carriers subject to the recording
10provisions of Section 395.8 of Part 395 of the Federal Motor
11Carrier Safety Regulations shall be exempt as established under
12paragraph (1) of Section 395.8; provided, however, for the
13purpose of this Code, drivers shall operate within a 150
14air-mile radius of the normal work reporting location to
15qualify for exempt status.
16    (e) Regulations adopted by the Department subsequent to
17those adopted under subsection (b) hereof shall be identical in
18substance to the Federal Motor Carrier Safety Regulations of
19the United States Department of Transportation and adopted in
20accordance with the procedures for rulemaking in Section 5-35
21of the Illinois Administrative Procedure Act.
22    (f) Upon declaration of a disaster, as defined under
23Section 4 of the Illinois Emergency Management Agency Act, by
24the Governor, pursuant to conditions established by the
25Department of Transportation, a waste hauler providing
26disaster assistance to any political subdivision in this State

 

 

SB2568- 23 -LRB100 18590 LNS 33814 b

1that is located within the declared disaster area shall be
2relieved from compliance with the requirements of 92 Ill. Adm.
3Code 395 for a 14-day period after the date the disaster was
4declared. The 14-day period may be extended by the Illinois
5Department of Transportation for any political subdivision in
6this State upon the request of the principal executive officer,
7as defined under Section 4 of the Illinois Emergency Management
8Agency Act, of that political subdivision.
9(Source: P.A. eff. 1-1-02; eff. 1-1-02; 94-519, eff. 8-10-05;
1094-739, eff. 5-5-06.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.