093_SB0563eng

 
SB563 Engrossed                      LRB093 02177 DRH 02184 b

 1        AN ACT in relation to vehicles.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing Sections 15-111, 15-301, and 15-308.2 as follows:

 6        (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
 7        Sec. 15-111.  Wheel and axle loads and gross weights.
 8        (a)  On    non-designated   highways,   no   vehicle   or
 9    combination of vehicles equipped with pneumatic tires may  be
10    operated,  unladen  or  with  load,  when  the  total  weight
11    transmitted  to  the  road surface exceeds 18,000 pounds on a
12    single axle or 32,000 pounds on a tandem axle  with  no  axle
13    within the tandem exceeding 18,000 pounds except:
14             (1)  when  a  different  limit  is  established  and
15        posted in accordance with Section 15-316 of this Code;
16             (2)  vehicles    for   which   the   Department   of
17        Transportation and  local  authorities  issue  overweight
18        permits under authority of Section 15-301 of this Code;
19             (3)  tow  trucks  subject to the conditions provided
20        in subsection (d) may  not  exceed  24,000  pounds  on  a
21        single rear axle or 44,000 pounds on a tandem rear axle;
22             (4)  any  single  axle  of  a  2-axle truck weighing
23        36,000 pounds or less and not a part of a combination  of
24        vehicles, shall not exceed 20,000 pounds;
25             (5)  any single axle of a 2-axle truck equipped with
26        a  personnel  lift  or  digger  derrick,  weighing 36,000
27        pounds or less, owned and operated by a  public  utility,
28        shall not exceed 20,000 pounds;
29             (6)  any  single  axle  of  a 2-axle truck specially
30        equipped with a front loading compactor used  exclusively
31        for  garbage,  refuse, or recycling may not exceed 20,000
 
SB563 Engrossed             -2-      LRB093 02177 DRH 02184 b
 1        pounds per axle, provided that the gross  weight  of  the
 2        vehicle does not exceed 40,000 pounds;
 3             (7)  a  truck,  not  in  combination  and  specially
 4        equipped  with  a selfcompactor or an industrial roll-off
 5        hoist  and  roll-off  container,  used  exclusively   for
 6        garbage  or  refuse  operations may, when laden, transmit
 7        upon the road  surface  the  following  maximum  weights:
 8        22,000 pounds on a single axle; 40,000 pounds on a tandem
 9        axle;
10             (8)  a   truck,   not   in   combination   and  used
11        exclusively for the collection  of  rendering  materials,
12        may,  when  laden,  transmit  upon  the  road surface the
13        following maximum weights:  22,000  pounds  on  a  single
14        axle; 40,000 pounds on a tandem axle;
15             (9)  tandem  axles on a 3-axle truck registered as a
16        Special Hauling Vehicle, manufactured prior to or in  the
17        model year of 2004 and first registered in Illinois prior
18        to  January  1,  2005,  with  a  distance greater than 72
19        inches but not more than 96 inches between any series  of
20        2  axles,  is allowed a combined weight on the series not
21        to exceed 36,000 pounds and neither axle  of  the  series
22        may  exceed  18,000  pounds.   Any  vehicle  of this type
23        manufactured after  the  model  year  of  2004  or  first
24        registered  in  Illinois  after December 31, 2004 may not
25        exceed a combined weight of  32,000  pounds  through  the
26        series  of  2  axles  and  neither axle of the series may
27        exceed 18,000 pounds;
28             (10)  tandem axles on a 4-axle  truck  mixer,  whose
29        fourth  axle  is  a  road surface engaging mixer trailing
30        axle, registered  as  a  Special  Hauling  Vehicle,  used
31        exclusively for the mixing and transportation of concrete
32        and  manufactured  prior  to or in the model year of 2004
33        and first registered in  Illinois  prior  to  January  1,
34        2005, with a distance greater than 72 inches but not more
 
SB563 Engrossed             -3-      LRB093 02177 DRH 02184 b
 1        than  96 inches between any series of 2 axles, is allowed
 2        a combined weight on the  series  not  to  exceed  36,000
 3        pounds  and  neither axle of the series may exceed 18,000
 4        pounds.  Any vehicle of this type manufactured after  the
 5        model  year of 2004 or first registered in Illinois after
 6        December 31, 2004 may not exceed  a  combined  weight  of
 7        32,000  pounds  through the series of 2 axles and neither
 8        axle of the series may exceed 18,000 pounds;
 9             (11)  4-axle  vehicles  or  a   5   or   more   axle
10        combination  of vehicles: The weight transmitted upon the
11        road surface through any series of 3 axles whose  centers
12        are  more  than 96 inches apart, measured between extreme
13        axles in the series, may not exceed those allowed in  the
14        table  contained  in  subsection (f) of this Section.  No
15        axle or tandem axle of the series may exceed the  maximum
16        weight  permitted  under  this  Section  for  a single or
17        tandem axle.
18        No vehicle or combination of vehicles equipped with other
19    than pneumatic tires may be operated, unladen or  with  load,
20    upon  the highways of this State when the gross weight on the
21    road surface through any wheel exceeds 800  pounds  per  inch
22    width  of  tire  tread  or  when the gross weight on the road
23    surface through any axle exceeds 16,000 pounds.
24        (b)  On non-designated  highways,  the  gross  weight  of
25    vehicles  and combination of vehicles including the weight of
26    the vehicle or combination and  its  maximum  load  shall  be
27    subject  to  the  foregoing limitations and further shall not
28    exceed the following gross weights dependent upon the  number
29    of axles and distance between extreme axles of the vehicle or
30    combination measured longitudinally to the nearest foot.

31    VEHICLES HAVING 2 AXLES ....................... 36,000 pounds

32                      VEHICLES OR COMBINATIONS
33                           HAVING 3 AXLES
 
SB563 Engrossed             -4-      LRB093 02177 DRH 02184 b
 1    With Tandem                     With or
 2       Axles                        Without
 3                                    Tandem Axles
 4    Minimum                         Minimum
 5    distance to        Maximum      distance to         Maximum
 6    nearest foot       Gross        nearest foot        Gross
 7    between            Weight       between             Weight
 8    extreme axles      (pounds)     extreme axles       (pounds)
 9    10 feet            41,000       16 feet             46,000
10    11                 42,000       17                  47,000
11    12                 43,000       18                  47,500
12    13                 44,000       19                  48,000
13    14                 44,500       20                  49,000
14    15                 45,000       21 feet or more     50,000
15                      VEHICLES OR COMBINATIONS
16                           HAVING 4 AXLES
17    Minimum                         Minimum
18    distance to        Maximum      distance to         Maximum
19    nearest foot       Gross        nearest foot        Gross
20    between            Weight       between             Weight
21    extreme axles      (pounds)     extreme axles       (pounds)
22    15 feet            50,000       26 feet             57,500
23    16                 50,500       27                  58,000
24    17                 51,500       28                  58,500
25    18                 52,000       29                  59,500
26    19                 52,500       30                  60,000
27    20                 53,500       31                  60,500
28    21                 54,000       32                  61,500
29    22                 54,500       33                  62,000
30    23                 55,500       34                  62,500
31    24                 56,000       35                  63,500
32    25                 56,500       36 feet or more     64,000
33        A  vehicle  not in a combination having more than 4 axles
34    may not exceed the weight in the table in this subsection (b)
 
SB563 Engrossed             -5-      LRB093 02177 DRH 02184 b
 1    for 4  axles  measured  between  the  extreme  axles  of  the
 2    vehicle.
 3                 COMBINATIONS HAVING 5 OR MORE AXLES
 4    Minimum distance to           Maximum
 5    nearest foot between          Gross Weight
 6    extreme axles                 (pounds)
 7    42 feet or less               72,000
 8    43                            73,000
 9    44 feet or more               73,280

10    VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds

11                 TRUCKS EQUIPPED WITH SELFCOMPACTORS
12       OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
13              OR REFUSE HAULS ONLY AND TRUCKS USED FOR
14                THE COLLECTION OF RENDERING MATERIALS
15               On Highway Not Part of National System
16                 of Interstate and Defense Highways
17    with 2 axles                                    36,000 pounds
18    with 3 axles                                    54,000 pounds

19                    TWO AXLE TRUCKS EQUIPPED WITH
20             A FRONT LOADING COMPACTOR USED EXCLUSIVELY
21         FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
22    with 2 axles                                    40,000 pounds

23        (c)  Cities  having  a population of more than 50,000 may
24    permit by ordinance axle loads on 2 axle  motor  vehicles  33
25    1/2%  above those provided for herein, but the increase shall
26    not become effective until the city has  officially  notified
27    the  Department of the passage of the ordinance and shall not
28    apply to those vehicles when outside of  the  limits  of  the
29    city,  nor shall the gross weight of any 2 axle motor vehicle
30    operating over any street of the city exceed 40,000 pounds.
31        (d)  Weight  limitations  shall  not  apply  to  vehicles
32    (including  loads)  operated  by  a   public   utility   when
 
SB563 Engrossed             -6-      LRB093 02177 DRH 02184 b
 1    transporting  equipment  required  for  emergency  repair  of
 2    public utility facilities or properties or water wells.
 3        A  combination  of  vehicles, including a tow truck and a
 4    disabled vehicle or disabled combination  of  vehicles,  that
 5    exceeds  the  weight restriction imposed by this Code, may be
 6    operated on a public highway  in  this  State  provided  that
 7    neither  the disabled vehicle nor any vehicle being towed nor
 8    the tow truck itself  shall  exceed  the  weight  limitations
 9    permitted  under  this  Chapter. During the towing operation,
10    neither the tow  truck  nor  the  vehicle  combination  shall
11    exceed 24,000 pounds on a single rear axle, and 44,000 pounds
12    on  a  tandem  rear  axle,  or  56,000 pounds on manufactured
13    recovery units with a triple rear axle, provided  the  towing
14    vehicle:
15             (1)  is  specifically designed as a tow truck having
16        a gross vehicle weight rating of at least  18,000  pounds
17        and is equipped with air brakes, provided that air brakes
18        are  required  only  if  the  towing  vehicle is towing a
19        vehicle, semitrailer, or tractor-trailer combination that
20        is equipped with air brakes;
21             (2)  is  equipped  with   flashing,   rotating,   or
22        oscillating  amber  lights, visible for at least 500 feet
23        in all directions;
24             (3)  is  capable  of  utilizing  the  lighting   and
25        braking systems of the disabled vehicle or combination of
26        vehicles; and
27             (4)  does  not  engage  in  a tow exceeding 20 miles
28        from the initial  point  of  wreck  or  disablement.  Any
29        additional  movement  of the vehicles may occur only upon
30        issuance of authorization for  that  movement  under  the
31        provisions  of  Sections  15-301  through  15-319 of this
32        Code.
33        Gross weight limits shall not apply to the combination of
34    the tow truck  and  vehicles  being  towed.   The  tow  truck
 
SB563 Engrossed             -7-      LRB093 02177 DRH 02184 b
 1    license  plate  must  cover the operating empty weight of the
 2    tow truck only. The weight of each vehicle being towed  shall
 3    be  covered  by  a valid license plate issued to the owner or
 4    operator of the vehicle being towed  and  displayed  on  that
 5    vehicle. If no valid plate issued to the owner or operator of
 6    that  vehicle  is  displayed  on  that  vehicle, or the plate
 7    displayed on that vehicle does not cover the  weight  of  the
 8    vehicle,  the  weight  of the vehicle shall be covered by the
 9    third tow truck plate issued to the owner or operator of  the
10    tow truck and temporarily affixed to the vehicle being towed.
11        The  Department  may  by  rule  or  regulation  prescribe
12    additional  requirements. However, nothing in this Code shall
13    prohibit a tow truck under instructions of a  police  officer
14    from  legally  clearing  a  disabled  vehicle, that may be in
15    violation of weight limitations of  this  Chapter,  from  the
16    roadway  to  the  berm  or shoulder of the highway. If in the
17    opinion of the police officer that location  is  unsafe,  the
18    officer  is  authorized to have the disabled vehicle towed to
19    the nearest place of safety.
20        For the purpose of this subsection, gross vehicle  weight
21    rating,  or  GVWR,  shall  mean  the  value  specified by the
22    manufacturer as the loaded weight of the tow truck.
23        (e)  No vehicle or combination of vehicles equipped  with
24    pneumatic tires shall be operated, unladen or with load, upon
25    the  highways of this State in violation of the provisions of
26    any permit issued under the  provisions  of  Sections  15-301
27    through 15-319 of this Chapter.
28        (f)  On  designated  Class I, II, or III highways and the
29    National  System  of  Interstate  and  Defense  Highways,  no
30    vehicle or combination of vehicles with pneumatic  tires  may
31    be  operated,  unladen or with load, when the total weight on
32    the road surface exceeds the following: 20,000  pounds  on  a
33    single  axle;  34,000  pounds  on  a tandem axle with no axle
34    within the tandem  exceeding  20,000  pounds;  80,000  pounds
 
SB563 Engrossed             -8-      LRB093 02177 DRH 02184 b
 1    gross  weight for vehicle combinations of 5 or more axles; or
 2    a total weight on a group of 2 or more consecutive  axles  in
 3    excess  of  that  weight  produced  by the application of the
 4    following formula:  W = 500 times the sum of (LN  divided  by
 5    N-1) + 12N + 36, where "W" equals overall total weight on any
 6    group  of  2  or  more  consecutive  axles to the nearest 500
 7    pounds, "L" equals the distance measured to the nearest  foot
 8    between extremes of any group of 2 or more consecutive axles,
 9    and  "N"  equals  the  number  of  axles  in  the group under
10    consideration.
11        The above formula when expressed in tabular form  results
12    in allowable loads as follows:

13    Distance measured
14    to the nearest
15    foot between the
16    extremes of any         Maximum weight in pounds
17    group of 2 or           of any group of
18    more consecutive        2 or more consecutive axles
19    axles
20          feet        2 axles  3 axles  4 axles  5 axles  6 axles
21            4         34,000
22            5         34,000
23            6         34,000
24            7         34,000
25            8         38,000*   42,000
26            9         39,000    42,500
27           10         40,000    43,500
28           11                   44,000
29           12                   45,000   50,000
30           13                   45,500   50,500
31           14                   46,500   51,500
32           15                   47,000   52,000
33           16                   48,000   52,500   58,000
34           17                   48,500   53,500   58,500
 
SB563 Engrossed             -9-      LRB093 02177 DRH 02184 b
 1           18                   49,500   54,000   59,000
 2           19                   50,000   54,500   60,000
 3           20                   51,000   55,500   60,500   66,000
 4           21                   51,500   56,000   61,000   66,500
 5           22                   52,500   56,500   61,500   67,000
 6           23                   53,000   57,500   62,500   68,000
 7           24                   54,000   58,000   63,000   68,500
 8           25                   54,500   58,500   63,500   69,000
 9           26                   55,500   59,500   64,000   69,500
10           27                   56,000   60,000   65,000   70,000
11           28                   57,000   60,500   65,500   71,000
12           29                   57,500   61,500   66,000   71,500
13           30                   58,500   62,000   66,500   72,000
14           31                   59,000   62,500   67,500   72,500
15           32                   60,000   63,500   68,000   73,000
16           33                            64,000   68,500   74,000
17           34                            64,500   69,000   74,500
18           35                            65,500   70,000   75,000
19           36                            66,000   70,500   75,500
20           37                            66,500   71,000   76,000
21           38                            67,500   72,000   77,000
22           39                            68,000   72,500   77,500
23           40                            68,500   73,000   78,000
24           41                            69,500   73,500   78,500
25           42                            70,000   74,000   79,000
26           43                            70,500   75,000   80,000
27           44                            71,500   75,500
28           45                            72,000   76,000
29           46                            72,500   76,500
30           47                            73,500   77,500
31           48                            74,000   78,000
32           49                            74,500   78,500
33           50                            75,500   79,000
34           51                            76,000   80,000
 
SB563 Engrossed             -10-     LRB093 02177 DRH 02184 b
 1           52                            76,500
 2           53                            77,500
 3           54                            78,000
 4           55                            78,500
 5           56                            79,500
 6           57                            80,000
 7    *If  the distance between 2 axles is 96 inches or less, the 2
 8    axles are tandem axles and the maximum total weight  may  not
 9    exceed   34,000  pounds,  notwithstanding  the  higher  limit
10    resulting from the application of the formula.
11        Vehicles not in a combination having more  than  4  axles
12    may not exceed the weight in the table in this subsection (f)
13    for  4  axles  measured  between  the  extreme  axles  of the
14    vehicle.
15        Vehicles in a combination having more than  6  axles  may
16    not exceed the weight in the table in this subsection (f) for
17    6   axles   measured   between   the  extreme  axles  of  the
18    combination.
19        Local   authorities    and    road    district    highway
20    commissioners,  with  respect  to  streets and highways under
21    their jurisdiction, without  additional  fees,  may  also  by
22    ordinance  or resolution allow the weight limitations of this
23    subsection, provided the maximum gross weight on any one axle
24    shall not exceed 20,000 pounds and the maximum  total  weight
25    on  any  tandem  axle  shall  not  exceed  34,000  pounds, on
26    designated highways when appropriate regulatory signs  giving
27    notice  are  erected upon the street or highway or portion of
28    any  street  or  highway  affected  by   the   ordinance   or
29    resolution.
30        The following are exceptions to the above formula:
31             (1)  Two  consecutive sets of tandem axles may carry
32        a total weight of  34,000  pounds  each  if  the  overall
33        distance   between  the  first  and  last  axles  of  the
34        consecutive sets of tandem axles is 36 feet or more.
 
SB563 Engrossed             -11-     LRB093 02177 DRH 02184 b
 1             (2)  Vehicles  for  which  a  different   limit   is
 2        established  and posted in accordance with Section 15-316
 3        of this Code.
 4             (3)  Vehicles   for   which   the   Department    of
 5        Transportation  and  local  authorities  issue overweight
 6        permits under authority of Section 15-301 of  this  Code.
 7        These vehicles are not subject to the bridge formula.
 8             (4)  Tow  trucks  subject to the conditions provided
 9        in subsection (d) may  not  exceed  24,000  pounds  on  a
10        single rear axle or 44,000 pounds on a tandem rear axle.
11             (5)  A tandem axle on a 3-axle truck registered as a
12        Special  Hauling Vehicle, manufactured prior to or in the
13        model year of 2004, and registered in Illinois  prior  to
14        January  1,  2005,  with  a distance between 2 axles in a
15        series greater than 72 inches but not more than 96 inches
16        may not exceed  a  total  weight  of  36,000  pounds  and
17        neither axle of the series may exceed 18,000 pounds.
18             (6)  A  truck  not  in  combination, equipped with a
19        self  compactor  or  an  industrial  roll-off  hoist  and
20        roll-off  container,  used  exclusively  for  garbage  or
21        refuse operations, may, when  laden,  transmit  upon  the
22        road  surface, except when on part of the National System
23        of Interstate and Defense Highways, the following maximum
24        weights: 22,000 pounds on a single axle; 40,000 pounds on
25        a tandem axle; 36,000 pounds gross  weight  on  a  2-axle
26        vehicle;  54,000 pounds gross weight on a 3-axle vehicle.
27        This vehicle is not subject to the bridge formula.
28             (7)  Combinations of vehicles, registered as Special
29        Hauling Vehicles that include a semitrailer  manufactured
30        prior  to or in the model year of 2004, and registered in
31        Illinois prior to January 1, 2005, having 5 axles with  a
32        distance  of  42  feet or less between extreme axles, may
33        not exceed the following maximum weights:  18,000  pounds
34        on  a  single  axle;  32,000 pounds on a tandem axle; and
 
SB563 Engrossed             -12-     LRB093 02177 DRH 02184 b
 1        72,000 pounds gross weight. This combination of  vehicles
 2        is  not  subject  to  the  bridge formula.  For all those
 3        combinations  of  vehicles  that  include  a  semitrailer
 4        manufactured after the effective date of this  amendatory
 5        Act  of  the  92nd General Assembly, the overall distance
 6        between the first and last axles of the 2 sets of tandems
 7        must be 18 feet 6 inches  or  more.  Any  combination  of
 8        vehicles that has had its cargo container replaced in its
 9        entirety  after  December  31,  2004  may  not exceed the
10        weights allowed by the bridge formula.
11        No vehicle or combination of vehicles equipped with other
12    than pneumatic tires may be operated, unladen or  with  load,
13    upon  the highways of this State when the gross weight on the
14    road surface through any wheel exceeds 800  pounds  per  inch
15    width  of  tire  tread  or  when the gross weight on the road
16    surface through any axle exceeds 16,000 pounds.
17        (f-1)  A vehicle and load not exceeding 73,280 pounds  is
18    allowed access as follows:
19             (1)  From  any  State  designated  highway  onto any
20        county, township, or municipal highway for a distance  of
21        5 highway miles for the purpose of loading and unloading,
22        provided:
23                  (A)  The  vehicle  and  load  does not exceed 8
24             feet 6 inches in width and 65 feet overall length.
25                  (B)  There is no sign prohibiting that access.
26                  (C)  The  route  is  not  being   used   as   a
27             thoroughfare between State  designated highways.
28             (2)  From  any  State  designated  highway  onto any
29        county or township highway for a distance  of  5  highway
30        miles,  or  any  municipal  highway for a distance of one
31        highway mile for the purpose of food, fuel, repairs,  and
32        rest, provided:
33                  (A)  The  vehicle  and  load  does not exceed 8
34             feet 6 inches in width and 65 feet overall length.
 
SB563 Engrossed             -13-     LRB093 02177 DRH 02184 b
 1                  (B)  There is no sign prohibiting that access.
 2                  (C)  The  route  is  not  being   used   as   a
 3             thoroughfare between State designated highways.
 4        (f-2)  A  vehicle  and load greater than 73,280 pounds in
 5    weight but not exceeding 80,000 pounds is allowed  access  as
 6    follows:
 7             (1)  From  a  Class  I  highway  onto  any street or
 8        highway for a  distance  of  one  highway  mile  for  the
 9        purpose  of  loading, unloading, food, fuel, repairs, and
10        rest, provided there is no sign prohibiting that access.
11             (2)  From a Class I, II, or  III  highway  onto  any
12        State  highway  or  any  local  designated  highway for a
13        distance of 5 highway miles for the purpose  of  loading,
14        unloading, food, fuel, repairs, and rest.
15        Section 5-35 of the Illinois Administrative Procedure Act
16    relating  to procedures for rulemaking shall not apply to the
17    designation of highways under this subsection.
18        (g)  No person shall operate a vehicle or combination  of
19    vehicles   over   a   bridge   or  other  elevated  structure
20    constituting part of a highway with a gross  weight  that  is
21    greater  than the maximum weight permitted by the Department,
22    when the  structure  is  sign  posted  as  provided  in  this
23    Section.
24        (h)  The Department upon request from any local authority
25    shall,   or   upon   its   own  initiative  may,  conduct  an
26    investigation of  any  bridge  or  other  elevated  structure
27    constituting  a  part  of a highway, and if it finds that the
28    structure cannot with safety to itself withstand  the  weight
29    of   vehicles  otherwise  permissible  under  this  Code  the
30    Department shall determine and declare the maximum weight  of
31    vehicles  that  the structures can withstand, and shall cause
32    or permit suitable signs stating maximum weight to be erected
33    and maintained before each end of the structure.   No  person
34    shall  operate  a vehicle or combination of vehicles over any
 
SB563 Engrossed             -14-     LRB093 02177 DRH 02184 b
 1    structure with a gross weight that is greater than the posted
 2    maximum weight.
 3        (i)  Upon  the  trial  of  any  person  charged  with   a
 4    violation of subsections (g) or (h) of this Section, proof of
 5    the  determination  of  the  maximum  allowable weight by the
 6    Department  and  the  existence  of  the  signs,  constitutes
 7    conclusive  evidence  of  the  maximum  weight  that  can  be
 8    maintained with safety to the bridge or structure.
 9    (Source: P.A. 92-417, eff. 1-1-02.)

10        (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
11        Sec. 15-301.  Permits for excess size and weight.
12        (a)  The Department with respect to  highways  under  its
13    jurisdiction  and  local authorities with respect to highways
14    under their  jurisdiction  may,  in  their  discretion,  upon
15    application  and  good  cause  being  shown therefor, issue a
16    special permit authorizing the applicant to operate or move a
17    vehicle or combination of vehicles of a  size  or  weight  of
18    vehicle  or  load exceeding the maximum specified in this Act
19    or otherwise not in conformity with this Act upon any highway
20    under the jurisdiction of the party granting such permit  and
21    for  the  maintenance  of  which  the  party  is responsible.
22    Applications and permits  other  than  those  in  written  or
23    printed  form  may  only  be  accepted from and issued to the
24    company or individual making  the  movement.  Except  for  an
25    application  to  move  directly across a highway, it shall be
26    the duty of the applicant to  establish  in  the  application
27    that  the  load to be moved by such vehicle or combination is
28    composed  of  a  single  nondivisible  object   that   cannot
29    reasonably be dismantled or disassembled.  For the purpose of
30    over  length  movements,  more than one object may be carried
31    side by side as long as the height, width,  and  weight  laws
32    are not exceeded and the cause for the over length is not due
33    to   multiple   objects.  For  the  purpose  of  over  height
 
SB563 Engrossed             -15-     LRB093 02177 DRH 02184 b
 1    movements, more than one object may be carried as long as the
 2    cause for the over height is not due to multiple objects  and
 3    the length, width, and weight laws are not exceeded.  For the
 4    purpose  of  an over width movement, more than one object may
 5    be carried as long as the cause for the over width is not due
 6    to multiple objects and length, height, and weight  laws  are
 7    not  exceeded.   No state or local agency shall authorize the
 8    issuance of excess size or weight permits  for  vehicles  and
 9    loads  that  are  divisible  and  that  can  be carried, when
10    divided,  within  the  existing  size  or   weight   maximums
11    specified  in this Chapter.  Any excess size or weight permit
12    issued in violation of the provisions of this  Section  shall
13    be  void  at issue and any movement made thereunder shall not
14    be authorized under the terms of the  void  permit.   In  any
15    prosecution   for  a  violation  of  this  Chapter  when  the
16    authorization of an excess size or weight permit is at issue,
17    it is the burden of  the  defendant  to  establish  that  the
18    permit  was  valid  because  the  load  to be moved could not
19    reasonably be dismantled or disassembled,  or  was  otherwise
20    nondivisible.
21        (b)  The application for any such permit shall: (1) state
22    whether  such  permit  is  requested for a single trip or for
23    limited continuous operation; (2) state if the  applicant  is
24    an  authorized  carrier  under  the Illinois Motor Carrier of
25    Property Law, if so, his certificate, registration or  permit
26    number  issued  by  the  Illinois  Commerce  Commission;  (3)
27    specifically  describe  and  identify the vehicle or vehicles
28    and load to be operated or moved except that for vehicles  or
29    vehicle combinations registered by the Department as provided
30    in   Section  15-319  of  this  Chapter,  only  the  Illinois
31    Department of Transportation's (IDT) registration  number  or
32    classification need be given; (4) state the routing requested
33    including  the  points  of  origin  and  destination, and may
34    identify and include a request for  routing  to  the  nearest
 
SB563 Engrossed             -16-     LRB093 02177 DRH 02184 b
 1    certified scale in accordance with the Department's rules and
 2    regulations, provided the applicant has approval to travel on
 3    local roads; and (5) state if the vehicles or loads are being
 4    transported  for  hire.  No  permits  for  the  movement of a
 5    vehicle or load for hire shall be issued to any applicant who
 6    is required under the Illinois Motor Carrier of Property  Law
 7    to  have  a  certificate, registration or permit and does not
 8    have such certificate, registration or permit.
 9        (c)  The  Department  or   local   authority   when   not
10    inconsistent  with  traffic  safety is authorized to issue or
11    withhold such permit at its discretion; or, if such permit is
12    issued at its discretion to prescribe the route or routes  to
13    be  traveled,  to  limit  the  number  of trips, to establish
14    seasonal or other time limitations within which the  vehicles
15    described  may  be  operated  on  the  highways indicated, or
16    otherwise to limit or prescribe conditions of  operations  of
17    such  vehicle  or  vehicles, when necessary to assure against
18    undue damage to the road foundations, surfaces or structures,
19    and may require such undertaking or other security as may  be
20    deemed  necessary to compensate for any injury to any roadway
21    or road structure. The  Department  shall  maintain  a  daily
22    record  of  each  permit  issued  along  with the fee and the
23    stipulated dimensions, weights, conditions  and  restrictions
24    authorized  and  this record shall be presumed correct in any
25    case of questions or dispute. The Department shall install an
26    automatic device  for  recording  applications  received  and
27    permits   issued  by  telephone.  In  making  application  by
28    telephone, the Department and applicant waive all  objections
29    to the recording of the conversation.
30        (d)  The  Department  shall,  upon application in writing
31    from any local authority, issue an annual permit  authorizing
32    the  local  authority  to move oversize highway construction,
33    transportation, utility and maintenance equipment over  roads
34    under the jurisdiction of the Department. The permit shall be
 
SB563 Engrossed             -17-     LRB093 02177 DRH 02184 b
 1    applicable  only  to  equipment  and  vehicles  owned  by  or
 2    registered  in  the  name  of the local authority, and no fee
 3    shall be charged for the issuance of such permits.
 4        (e)  As an exception to paragraph (a)  of  this  Section,
 5    the   Department  and  local  authorities,  with  respect  to
 6    highways  under  their  respective  jurisdictions,  in  their
 7    discretion and  upon  application  in  writing  may  issue  a
 8    special  permit for limited continuous operation, authorizing
 9    the applicant to move loads of sweet  corn,  soybeans,  corn,
10    wheat,  milo,  other  small  grains  and  ensilage during the
11    harvest season only on a 2 axle single vehicle registered  by
12    the  Secretary  of  State  with  axle loads not to exceed 35%
13    above those provided in Section 15-111. Permits may be issued
14    for a period not to exceed 40 days and moves may be made of a
15    distance not to exceed 25 miles from a field to  a  specified
16    processing  plant over any highway except the National System
17    of Interstate and Defense Highways. All such  vehicles  shall
18    be  operated  in  the  daytime  except  when  weather or crop
19    conditions require emergency operation  at  night,  but  with
20    respect to such night operation, every such vehicle with load
21    shall  be  equipped  with  flashing amber lights as specified
22    under Section 12-215. Upon a declaration by the Governor that
23    an emergency  harvest  situation  exists,  a  special  permit
24    issued  by  the  Department  under  this Section shall not be
25    required from September 1 through December 31 during  harvest
26    season  emergencies, provided that the weight does not exceed
27    20% above the limits provided in Section 15-111.   All  other
28    restrictions  that apply to permits issued under this Section
29    shall apply during the declared time period.  With respect to
30    highways under the jurisdiction  of  local  authorities,  the
31    local  authorities  may,  at  their discretion, waive special
32    permit requirements during harvest season emergencies.   This
33    permit  exemption  shall  apply  to  all vehicles eligible to
34    obtain  permits  under  this  Section,  including  commercial
 
SB563 Engrossed             -18-     LRB093 02177 DRH 02184 b
 1    vehicles in use during the declared time period.
 2        (f)  The  form  and  content  of  the  permit  shall   be
 3    determined  by  the Department with respect to highways under
 4    its jurisdiction and by local  authorities  with  respect  to
 5    highways  under  their jurisdiction. Every permit shall be in
 6    written form and carried in the  vehicle  or  combination  of
 7    vehicles  to  which it refers and shall be open to inspection
 8    by any police officer or authorized agent  of  any  authority
 9    granting  the  permit  and no person shall violate any of the
10    terms or conditions of such special permit. Violation of  the
11    terms  and  conditions  of  the  permit shall not be deemed a
12    revocation of the permit; however, any vehicle and load found
13    to be off the route prescribed in the permit shall be held to
14    be operating without a permit.  Any  off  route  vehicle  and
15    load  shall be required to obtain a new permit or permits, as
16    necessary, to authorize the movement back onto  the  original
17    permit  routing.  No  rule or regulation, nor anything herein
18    shall be construed to authorize any police officer, court, or
19    authorized agent of any  authority  granting  the  permit  to
20    remove the permit from the possession of the permittee unless
21    the  permittee  is charged with a fraudulent permit violation
22    as provided in paragraph (i). However,  upon  arrest  for  an
23    offense  of  violation  of permit, operating without a permit
24    when the vehicle is off route, or any size or weight  offense
25    under  this  Chapter  when  the  permittee plans to raise the
26    issuance of the permit as a defense, the  permittee,  or  his
27    agent,   must   produce  the  permit  at  any  court  hearing
28    concerning the alleged offense.
29        If the permit designates and  includes  a  routing  to  a
30    certified   scale,   the   permitee,  while  enroute  to  the
31    designated scale, shall be  deemed  in  compliance  with  the
32    weight  provisions  of  the permit provided the axle or gross
33    weights do not exceed any of the  permitted  limits  by  more
34    than the following amounts:
 
SB563 Engrossed             -19-     LRB093 02177 DRH 02184 b
 1             Single axle               2000 pounds
 2             Tandem axle               3000 pounds
 3             Gross                     5000 pounds
 4        (g)  The Department is authorized to adopt, amend, and to
 5    make  available  to  interested  persons  a policy concerning
 6    reasonable rules, limitations and conditions or provisions of
 7    operation upon highways under its jurisdiction in addition to
 8    those contained in this Section for the movement  by  special
 9    permit  of  vehicles,  combinations,  or  loads  which cannot
10    reasonably   be   dismantled   or   disassembled,   including
11    manufactured and modular home sections and portions  thereof.
12    All  rules,  limitations and conditions or provisions adopted
13    in the policy shall have due regard for  the  safety  of  the
14    traveling public and the protection of the highway system and
15    shall have been promulgated in conformity with the provisions
16    of   the   Illinois   Administrative   Procedure   Act.   The
17    requirements  of  the  policy for flagmen and escort vehicles
18    shall be the same  for  all  moves  of  comparable  size  and
19    weight.  When  escort  vehicles are required, they shall meet
20    the following requirements:
21             (1)  All operators shall be 18 years of age or  over
22        and properly licensed to operate the vehicle.
23             (2)  Vehicles  escorting  oversized  loads more than
24        12-feet wide must be equipped with a rotating or flashing
25        amber light mounted on top  as  specified  under  Section
26        12-215.
27        The  Department  shall  establish  reasonable  rules  and
28    regulations  regarding  liability insurance or self insurance
29    for vehicles  with  oversized  loads  promulgated  under  The
30    Illinois Administrative Procedure Act. Police vehicles may be
31    required  for escort under circumstances as required by rules
32    and regulations of the Department.
33        (h)  Violation of any rule, limitation  or  condition  or
34    provision  of  any  permit  issued  in  accordance  with  the
 
SB563 Engrossed             -20-     LRB093 02177 DRH 02184 b
 1    provisions of this Section shall not render the entire permit
 2    null  and  void  but  the  violator shall be deemed guilty of
 3    violation of permit and guilty of exceeding any size,  weight
 4    or  load  limitations  in  excess  of those authorized by the
 5    permit. The prescribed route or routes on the permit are  not
 6    mere  rules,  limitations,  conditions,  or provisions of the
 7    permit, but are also the sole  extent  of  the  authorization
 8    granted by the permit.  If a vehicle and load are found to be
 9    off  the route or routes prescribed by any permit authorizing
10    movement, the  vehicle  and  load  are  operating  without  a
11    permit.   Any off route movement shall be subject to the size
12    and weight maximums, under the applicable provisions of  this
13    Chapter,  as  determined  by  the  type or class highway upon
14    which the vehicle and load are being operated.
15        (i)  Whenever any vehicle is operated  or  movement  made
16    under  a  fraudulent permit the permit shall be void, and the
17    person, firm, or corporation to whom such permit was granted,
18    the driver of such vehicle in  addition  to  the  person  who
19    issued  such  permit  and  any  accessory, shall be guilty of
20    fraud and either one or all persons  may  be  prosecuted  for
21    such  violation.  Any person, firm, or corporation committing
22    such violation shall be guilty of a Class 4  felony  and  the
23    Department  shall  not  issue  permits to the person, firm or
24    corporation convicted of such violation for a period  of  one
25    year  after  the date of conviction. Penalties for violations
26    of this Section shall be in addition to any penalties imposed
27    for violation of other Sections of this Act.
28        (j)  Whenever any vehicle is operated or movement made in
29    violation of a permit issued in accordance with this Section,
30    the person to whom such permit was granted, or the driver  of
31    such vehicle, is guilty of such violation and either, but not
32    both,  persons may be prosecuted for such violation as stated
33    in this subsection  (j).  Any  person,  firm  or  corporation
34    convicted  of  such  violation  shall  be  guilty  of a petty
 
SB563 Engrossed             -21-     LRB093 02177 DRH 02184 b
 1    offense and shall be fined for the first  offense,  not  less
 2    than  $50  nor  more than $200 and, for the second offense by
 3    the same person, firm or corporation within a period  of  one
 4    year,  not  less  than  $200  nor more than $300 and, for the
 5    third offense by the same person, firm or corporation  within
 6    a period of one year after the date of the first offense, not
 7    less  than  $300  nor more than $500 and the Department shall
 8    not  issue  permits  to  the  person,  firm  or   corporation
 9    convicted  of  a  third  offense  during a period of one year
10    after the date of conviction for such third offense.
11        (k)  Whenever any vehicle  is  operated  on  local  roads
12    under  permits  for  excess  width  or length issued by local
13    authorities, such vehicle may be moved upon a  State  highway
14    for  a  distance not to exceed one-half mile without a permit
15    for the purpose of crossing the State highway.
16        (l)  Notwithstanding any other provision of this Section,
17    the  Department,  with  respect   to   highways   under   its
18    jurisdiction, and local authorities, with respect to highways
19    under  their  jurisdiction, may at their discretion authorize
20    the movement of a vehicle in violation of any size or  weight
21    requirement,  or  both, that would not ordinarily be eligible
22    for a permit, when there is a showing  of  extreme  necessity
23    that the vehicle and load should be moved without unnecessary
24    delay.
25        For  the  purpose  of this subsection, showing of extreme
26    necessity shall be limited to the  following:   shipments  of
27    livestock,  hazardous materials, liquid concrete being hauled
28    in a mobile cement mixer, or hot asphalt.
29        (m)  Penalties for violations of this Section shall be in
30    addition to any penalties imposed  for  violating  any  other
31    Section of this Code.
32        (n)  The  Department  with  respect to highways under its
33    jurisdiction and local authorities with respect  to  highways
34    under  their  jurisdiction,  in  their  discretion  and  upon
 
SB563 Engrossed             -22-     LRB093 02177 DRH 02184 b
 1    application  in  writing,  may  issue  a  special  permit for
 2    continuous limited operation, authorizing  the  applicant  to
 3    operate  a  tow-truck that exceeds the weight limits provided
 4    for in subsection (d) of Section 15-111, provided:
 5             (1)  no rear single axle of  the  tow-truck  exceeds
 6        26,000 pounds;
 7             (2)  no  rear  tandem  axle of the tow-truck exceeds
 8        50,000 pounds;
 9             (3)  neither the disabled vehicle nor  the  disabled
10        combination  of  vehicles  exceed the weight restrictions
11        imposed by this Chapter 15, or the weight limits  imposed
12        under a permit issued by the Department prior to hookup;
13             (4)  the  tow-truck  prior to hookup does not exceed
14        the weight restrictions imposed by this Chapter 15;
15             (5)  during the tow operation the tow-truck does not
16        violate any weight restriction sign;
17             (6)  the  tow-truck  is  equipped   with   flashing,
18        rotating,  or  oscillating  amber  lights, visible for at
19        least 500 feet in all directions;
20             (7)  the  tow-truck  is  specifically  designed  and
21        licensed as a tow-truck;
22             (8)  the tow-truck has a gross vehicle weight rating
23        of  sufficient capacity to safely handle the load;
24             (9)  the tow-truck is equipped with air brakes;
25             (10)  the tow-truck  is  capable  of  utilizing  the
26        lighting  and  braking systems of the disabled vehicle or
27        combination of vehicles;
28             (11)  the tow commences  at  the  initial  point  of
29        wreck  or disablement and terminates at a point where the
30        repairs are actually to occur the tow distance of the tow
31        does not exceed 50 miles from the point of disablement to
32        a place of repair or safekeeping;
33             (12)  the permit issued to the tow-truck is  carried
34        in  the  tow-truck  and  exhibited  on demand by a police
 
SB563 Engrossed             -23-     LRB093 02177 DRH 02184 b
 1        officer; and
 2             (13) the movement  shall  be  valid  only  on  state
 3        routes approved by the Department.
 4    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
 5    90-655, eff. 7-30-98;  90-676,  eff.  7-31-98;  91-569,  eff.
 6    1-1-00.)

 7        (625 ILCS 5/15-308.2)
 8        Sec.  15-308.2.  Fees for special permits for tow-trucks.
 9    The fee for a special permit to operate a tow-truck  pursuant
10    to subsection (n) of Section 15-301 is $50 $500 quarterly and
11    $200 $2,000  annually.
12    (Source: P.A. 91-569, eff. 1-1-00.)