Rep. Daniel V. Beiser

Filed: 5/29/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 42

2    AMENDMENT NO. ______. Amend Senate Bill 42 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 15-301 as follows:
 
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits for excess size and weight.
8    (a) The The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and

 

 

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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 is composed of a single
8nondivisible object that cannot reasonably be dismantled or
9disassembled. For the purpose of over length movements, more
10than one object may be carried side by side as long as the
11height, width, and weight laws are not exceeded and the cause
12for the over length is not due to multiple objects. For the
13purpose of over height movements, more than one object may be
14carried as long as the cause for the over height is not due to
15multiple objects and the length, width, and weight laws are not
16exceeded. For the purpose of an over width movement, more than
17one object may be carried as long as the cause for the over
18width is not due to multiple objects and length, height, and
19weight laws are not exceeded. No state or local agency shall
20authorize the issuance of excess size or weight permits for
21vehicles and loads that are divisible and that can be carried,
22when divided, within the existing size or weight maximums
23specified in this Chapter. Any excess size or weight permit
24issued in violation of the provisions of this Section shall be
25void at issue and any movement made thereunder shall not be
26authorized under the terms of the void permit. In any

 

 

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

 

 

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

 

 

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1applicable only to equipment and vehicles owned by or
2registered in the name of the local authority, and no fee shall
3be charged for the issuance of such permits.
4    (e) As an exception to paragraph (a) of this Section, the
5Department and local authorities, with respect to highways
6under their respective jurisdictions, in their discretion and
7upon application in writing may issue a special permit for
8limited continuous operation, authorizing the applicant to
9move loads of agricultural commodities on a 2 axle single
10vehicle registered by the Secretary of State with axle loads
11not to exceed 35%, on a 3 or 4 axle vehicle registered by the
12Secretary of State with axle loads not to exceed 20%, and on a
135 axle vehicle registered by the Secretary of State not to
14exceed 10% above those provided in Section 15-111. The total
15gross weight of the vehicle, however, may not exceed the
16maximum gross weight of the registration class of the vehicle
17allowed under Section 3-815 or 3-818 of this Code.
18    As used in this Section, "agricultural commodities" means:
19        (1) cultivated plants or agricultural produce grown
20    including, but is not limited to, corn, soybeans, wheat,
21    oats, grain sorghum, canola, and rice;
22        (2) livestock, including but not limited to hogs,
23    equine, sheep, and poultry;
24        (3) ensilage; and
25        (4) fruits and vegetables.
26    Permits may be issued for a period not to exceed 40 days

 

 

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1and moves may be made of a distance not to exceed 50 miles from
2a field, an on-farm grain storage facility, a warehouse as
3defined in the Illinois Grain Code, or a livestock management
4facility as defined in the Livestock Management Facilities Act
5over any highway except the National System of Interstate and
6Defense Highways. The operator of the vehicle, however, must
7abide by posted bridge and posted highway weight limits. All
8implements of husbandry operating under this Section between
9sunset and sunrise shall be equipped as prescribed in Section
1012-205.1.
11    (e-1) Upon a declaration by the Governor that an emergency
12harvest situation exists, a special permit issued by the
13Department under this Section shall not be required from
14September 1 through December 31 during harvest season
15emergencies, provided that the weight does not exceed 20% above
16the limits provided in Section 15-111. All other restrictions
17that apply to permits issued under this Section shall apply
18during the declared time period. With respect to highways under
19the jurisdiction of local authorities, the local authorities
20may, at their discretion, waive special permit requirements
21during harvest season emergencies. This permit exemption shall
22apply to all vehicles eligible to obtain permits under this
23Section, including commercial vehicles in use during the
24declared time period.
25    (f) The form and content of the permit shall be determined
26by the Department with respect to highways under its

 

 

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1jurisdiction and by local authorities with respect to highways
2under their jurisdiction. Every permit shall be in written form
3and carried in the vehicle or combination of vehicles to which
4it refers and shall be open to inspection by any police officer
5or authorized agent of any authority granting the permit and no
6person shall violate any of the terms or conditions of such
7special permit. Violation of the terms and conditions of the
8permit shall not be deemed a revocation of the permit; however,
9any vehicle and load found to be off the route prescribed in
10the permit shall be held to be operating without a permit. Any
11off route vehicle and load shall be required to obtain a new
12permit or permits, as necessary, to authorize the movement back
13onto the original permit routing. No rule or regulation, nor
14anything herein shall be construed to authorize any police
15officer, court, or authorized agent of any authority granting
16the permit to remove the permit from the possession of the
17permittee unless the permittee is charged with a fraudulent
18permit violation as provided in paragraph (i). However, upon
19arrest for an offense of violation of permit, operating without
20a permit when the vehicle is off route, or any size or weight
21offense under this Chapter when the permittee plans to raise
22the issuance of the permit as a defense, the permittee, or his
23agent, must produce the permit at any court hearing concerning
24the alleged offense.
25    If the permit designates and includes a routing to a
26certified scale, the permitee, while enroute to the designated

 

 

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1scale, shall be deemed in compliance with the weight provisions
2of the permit provided the axle or gross weights do not exceed
3any of the permitted limits by more than the following amounts:
4        Single axle               2000 pounds
5        Tandem axle               3000 pounds
6        Gross                     5000 pounds
7    (g) The Department is authorized to adopt, amend, and to
8make available to interested persons a policy concerning
9reasonable rules, limitations and conditions or provisions of
10operation upon highways under its jurisdiction in addition to
11those contained in this Section for the movement by special
12permit of vehicles, combinations, or loads which cannot
13reasonably be dismantled or disassembled, including
14manufactured and modular home sections and portions thereof.
15All rules, limitations and conditions or provisions adopted in
16the policy shall have due regard for the safety of the
17traveling public and the protection of the highway system and
18shall have been promulgated in conformity with the provisions
19of the Illinois Administrative Procedure Act. The requirements
20of the policy for flagmen and escort vehicles shall be the same
21for all moves of comparable size and weight. When escort
22vehicles are required, they shall meet the following
23requirements:
24        (1) All operators shall be 18 years of age or over and
25    properly licensed to operate the vehicle.
26        (2) Vehicles escorting oversized loads more than

 

 

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1    12-feet wide must be equipped with a rotating or flashing
2    amber light mounted on top as specified under Section
3    12-215.
4    The Department shall establish reasonable rules and
5regulations regarding liability insurance or self insurance
6for vehicles with oversized loads promulgated under The
7Illinois Administrative Procedure Act. Police vehicles may be
8required for escort under circumstances as required by rules
9and regulations of the Department.
10    (h) Violation of any rule, limitation or condition or
11provision of any permit issued in accordance with the
12provisions of this Section shall not render the entire permit
13null and void but the violator shall be deemed guilty of
14violation of permit and guilty of exceeding any size, weight or
15load limitations in excess of those authorized by the permit.
16The prescribed route or routes on the permit are not mere
17rules, limitations, conditions, or provisions of the permit,
18but are also the sole extent of the authorization granted by
19the permit. If a vehicle and load are found to be off the route
20or routes prescribed by any permit authorizing movement, the
21vehicle and load are operating without a permit. Any off route
22movement shall be subject to the size and weight maximums,
23under the applicable provisions of this Chapter, as determined
24by the type or class highway upon which the vehicle and load
25are being operated.
26    (i) Whenever any vehicle is operated or movement made under

 

 

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1a fraudulent permit the permit shall be void, and the person,
2firm, or corporation to whom such permit was granted, the
3driver of such vehicle in addition to the person who issued
4such permit and any accessory, shall be guilty of fraud and
5either one or all persons may be prosecuted for such violation.
6Any person, firm, or corporation committing such violation
7shall be guilty of a Class 4 felony and the Department shall
8not issue permits to the person, firm or corporation convicted
9of such violation for a period of one year after the date of
10conviction. Penalties for violations of this Section shall be
11in addition to any penalties imposed for violation of other
12Sections of this Act.
13    (j) Whenever any vehicle is operated or movement made in
14violation of a permit issued in accordance with this Section,
15the person to whom such permit was granted, or the driver of
16such vehicle, is guilty of such violation and either, but not
17both, persons may be prosecuted for such violation as stated in
18this subsection (j). Any person, firm or corporation convicted
19of such violation shall be guilty of a petty offense and shall
20be fined for the first offense, not less than $50 nor more than
21$200 and, for the second offense by the same person, firm or
22corporation within a period of one year, not less than $200 nor
23more than $300 and, for the third offense by the same person,
24firm or corporation within a period of one year after the date
25of the first offense, not less than $300 nor more than $500 and
26the Department shall not issue permits to the person, firm or

 

 

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1corporation convicted of a third offense during a period of one
2year after the date of conviction for such third offense.
3    (k) Whenever any vehicle is operated on local roads under
4permits for excess width or length issued by local authorities,
5such vehicle may be moved upon a State highway for a distance
6not to exceed one-half mile without a permit for the purpose of
7crossing the State highway.
8    (l) Notwithstanding any other provision of this Section,
9the Department, with respect to highways under its
10jurisdiction, and local authorities, with respect to highways
11under their jurisdiction, may at their discretion authorize the
12movement of a vehicle in violation of any size or weight
13requirement, or both, that would not ordinarily be eligible for
14a permit, when there is a showing of extreme necessity that the
15vehicle and load should be moved without unnecessary delay.
16    For the purpose of this subsection, showing of extreme
17necessity shall be limited to the following: shipments of
18livestock, hazardous materials, liquid concrete being hauled
19in a mobile cement mixer, or hot asphalt.
20    (m) Penalties for violations of this Section shall be in
21addition to any penalties imposed for violating any other
22Section of this Code.
23    (n) The Department with respect to highways under its
24jurisdiction and local authorities with respect to highways
25under their jurisdiction, in their discretion and upon
26application in writing, may issue a special permit for

 

 

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1continuous limited operation, authorizing the applicant to
2operate a tow-truck that exceeds the weight limits provided for
3in subsection (d) of Section 15-111, provided:
4        (1) no rear single axle of the tow-truck exceeds 26,000
5    pounds;
6        (2) no rear tandem axle of the tow-truck exceeds 50,000
7    pounds;
8        (2.1) no triple rear axle on a manufactured recovery
9    unit exceeds 60,000 pounds;
10        (3) neither the disabled vehicle nor the disabled
11    combination of vehicles exceed the weight restrictions
12    imposed by this Chapter 15, or the weight limits imposed
13    under a permit issued by the Department prior to hookup;
14        (4) the tow-truck prior to hookup does not exceed the
15    weight restrictions imposed by this Chapter 15;
16        (5) during the tow operation the tow-truck does not
17    violate any weight restriction sign;
18        (6) the tow-truck is equipped with flashing, rotating,
19    or oscillating amber lights, visible for at least 500 feet
20    in all directions;
21        (7) the tow-truck is specifically designed and
22    licensed as a tow-truck;
23        (8) the tow-truck has a gross vehicle weight rating of
24    sufficient capacity to safely handle the load;
25        (9) the tow-truck is equipped with air brakes;
26        (10) the tow-truck is capable of utilizing the lighting

 

 

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1    and braking systems of the disabled vehicle or combination
2    of vehicles;
3        (11) the tow commences at the initial point of wreck or
4    disablement and terminates at a point where the repairs are
5    actually to occur;
6        (12) the permit issued to the tow-truck is carried in
7    the tow-truck and exhibited on demand by a police officer;
8    and
9        (13) the movement shall be valid only on state routes
10    approved by the Department.
11    (o) The Department, with respect to highways under its
12jurisdiction, and local authorities, with respect to highways
13under their jurisdiction, in their discretion and upon
14application in writing, may issue a special permit for
15continuous limited operation, authorizing the applicant to
16transport raw milk that exceeds the weight limits provided for
17in subsections (b) and (f) of Section 15-111 of this Code,
18provided:
19        (1) no single axle exceeds 20,000 pounds;
20        (2) no gross weight exceeds 80,000 pounds;
21        (3) permits issued by the State are good only for
22    federal and State highways and are not applicable to
23    interstate highways; and
24        (4) all road and bridge postings must be obeyed.
25(Source: P.A. 95-331, eff. 8-21-07; 95-666, eff. 10-11-07.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".