98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3398

 

Introduced 2/14/2014, by Sen. Toi W. Hutchinson

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-819  from Ch. 95 1/2, par. 3-819
625 ILCS 5/18b-101  from Ch. 95 1/2, par. 18b-101

    Amends the Illinois Vehicle Code. Defines "covered farm vehicles" under the Illinois Motor Carrier Safety Law. Provides that when trailers registered as farm trailers are hauled by a motor vehicle of the second division that is 12,000 pounds or less that is not registered as a farm truck, that truck is subject to privileges and limitations on use as though it were registered as a farm truck. Effective immediately.


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A BILL FOR

 

SB3398LRB098 17325 MLW 52421 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 Vehicle Code is amended by changing
5Sections 3-819 and 18b-101 as follows:
 
6    (625 ILCS 5/3-819)  (from Ch. 95 1/2, par. 3-819)
7    Sec. 3-819. Trailer; Flat weight tax.
8    (a) Farm Trailer. Any farm trailer drawn by a motor vehicle
9of the second division registered under paragraph (a) or (c) of
10Section 3-815 and used exclusively by the owner for his own
11agricultural, horticultural or livestock raising operations
12and not used for hire, or any farm trailer utilized only in the
13transportation for-hire of seasonal, fresh, perishable fruit
14or vegetables from farm to the point of first processing, and
15any trailer used with a farm tractor that is not an implement
16of husbandry may be registered under this paragraph in lieu of
17registration under paragraph (b) of this Section upon the
18filing of a proper application and the payment of the $10
19registration fee and the highway use tax herein for use of the
20public highways of this State, at the following rates which
21include the $10 registration fee:
22SCHEDULE OF FEES AND TAXES
23Gross Weight in Lbs.ClassTotal Amount

 

 

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1Including Vehicleeach
2and Maximum LoadFiscal Year
310,000 lbs. or lessVDD $60
410,001 to 14,000 lbs.VDE106
514,001 to 20,000 lbs.VDG166
620,001 to 28,000 lbs.VDJ378
728,001 to 36,000 lbs.VDL650
8    When any trailer registered under this subsection is drawn
9by a motor vehicle of the second division registered for 12,000
10pounds or less under subsection (a) of Section 3-815 of this
11Code or under subsection (a) of Section 3-818 of this Code,
12that motor vehicle shall comply with the limitations on use and
13shall be eligible for any privilege as though the motor vehicle
14was registered under subsection (c) of Section 3-815 of this
15Code, except that vehicles registered under Section 3-818 of
16this Code shall also comply with all restrictions and
17requirements provided in that Section.
18    An owner may only apply for and receive two farm trailer
19registrations.
20    (b) All other owners of trailers, other than apportionable
21trailers registered under Section 3-402.1 of this Code, used
22with a motor vehicle on the public highways, shall pay to the
23Secretary of State for each registration year a flat weight
24tax, for the use of the public highways of this State, at the
25following rates (which includes the registration fee of $10
26required by Section 3-813):

 

 

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1SCHEDULE OF TRAILER FLAT
2WEIGHT TAX REQUIRED
3BY LAW
4Gross Weight in Lbs.Total Fees
5Including Vehicle andeach
6Maximum LoadClassFiscal Year
73,000 lbs. and lessTA$18
85,000 lbs. and more than 3,000TB54
98,000 lbs. and more than 5,000TC58
1010,000 lbs. and more than 8,000TD106
1114,000 lbs. and more than 10,000TE170
1220,000 lbs. and more than 14,000TG258
1332,000 lbs. and more than 20,000TK722
1436,000 lbs. and more than 32,000TL1,082
1540,000 lbs. and more than 36,000TN1,502
16    (c) The number of axles necessary to carry the maximum load
17provided shall be determined from Chapter 15 of this Code.
18(Source: P.A. 96-328, eff. 8-11-09.)
 
19    (625 ILCS 5/18b-101)  (from Ch. 95 1/2, par. 18b-101)
20    Sec. 18b-101. Definitions. Unless the context otherwise
21clearly requires, as used in this Chapter:
22    "Agricultural commodities" means any agricultural
23commodity, non-processed food, feed, fiber, or livestock,
24including insects.
25    "Agricultural operations" means the operation of a motor

 

 

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1vehicle or combination of vehicles transporting agricultural
2commodities or farm supplies for agricultural purposes.
3    "Air mile" means a nautical mile, which is equivalent to
46,076 feet or 1,852 meters. Accordingly, 100 air miles are
5equivalent to 115.08 statute miles or 185.2 kilometers.
6    "Commercial motor vehicle" means any self propelled or
7towed vehicle used on public highways in interstate and
8intrastate commerce to transport passengers or property when
9the vehicle has a gross vehicle weight, a gross vehicle weight
10rating, a gross combination weight, or a gross combination
11weight rating of 10,001 or more pounds; or the vehicle is used
12or designed to transport more than 15 passengers, including the
13driver; or the vehicle is designed to carry 15 or fewer
14passengers and is operated by a contract carrier transporting
15employees in the course of their employment on a highway of
16this State; or the vehicle is used or designed to transport
17between 9 and 15 passengers, including the driver, for direct
18compensation; or the vehicle is used in the transportation of
19hazardous materials in a quantity requiring placarding under
20the Illinois Hazardous Materials Transportation Act. This
21definition shall not include farm machinery, fertilizer
22spreaders, and other special agricultural movement equipment
23described in Section 3-809 nor implements of husbandry as
24defined in Section 1-130;
25    "Covered farm vehicle", for purposes of this Chapter and
26rule making under this Chapter, means a straight truck or

 

 

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1articulated vehicle, excluding vehicles transporting hazardous
2materials of a type or quantity that requires the vehicle to be
3placarded in accordance with the Illinois Hazardous Materials
4Transportation Act, registered in this State or another state
5and equipped with a special license plate or other designation
6by the state in which the vehicle is registered identifying the
7vehicle as a farm vehicle for law enforcement personnel and:
8        (1) is operated by a farm or ranch owner or operator,
9    or an employee or family member of the farm or ranch owner
10    or operator; and
11        (2) is being used to transport the following to or from
12    a farm or ranch:
13            (A) agricultural commodities;
14            (B) livestock; or
15            (C) machinery or supplies; and
16        (3) if registered in this State, is:
17            (A) registered as a farm truck under subsection (c)
18        of Section 3-815 of this Code; or
19            (B) operated in combination as an articulated
20        vehicle where the truck in the combination is
21        registered for 12,000 pounds or less under paragraph
22        (a) of Section 3-815 of this Code or paragraph (a) of
23        Section 3-818 of this Code and the trailer in the
24        combination is registered as a farm trailer under
25        paragraph (a) of Section 3-819 of this Code and
26        displays a farm registration license plate; or

 

 

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1            (C) a truck registered for 12,000 pounds or less
2        under subsection (a) of Section 3-815 of this Code or
3        subsection (a) of Section 3-818 of this Code towing an
4        implement of husbandry as part of a farming operation;
5        and
6        (4) is not used in for-hire motor carrier operations,
7    except for the transport of a landlord's portion of crops
8    by a tenant under a crop share farm lease agreement; and
9        (5) has a gross vehicle weight rating (GVWR), a gross
10    combination weight rating (GCWR), or a gross vehicle weight
11    or gross vehicle combination weight, whichever is greater,
12    that is:
13            (A) 26,001 pounds or less, for vehicles operating
14        in interstate commerce; or
15            (B) greater than 26,001 pounds, traveling in
16        interstate commerce and registered in this State; or
17            (C) greater than 26,001 pounds and traveling in
18        interstate commerce within 150 miles of the farm or
19        ranch for which the vehicle is being operated,
20        regardless of whether it is registered in this State;
21        or
22            (D) greater than 10,000 pounds and traveling
23        intrastate.
24    "Direct compensation" means payment made to the motor
25carrier by the passengers or a person acting on behalf of the
26passengers for the transportation services provided, and not

 

 

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1included in a total package charge or other assessment for
2highway transportation services;
3    "Farm supplies for agricultural purposes" means products
4directly related to the growing or harvesting of agricultural
5commodities and livestock feed at any time of the year;
6    "Livestock" means cattle, sheep, goats, swine, poultry
7(including egg-producing poultry), fish used for food, and
8other animals designated by the Secretary of the United States
9Department of Transportation (at his or her sole discretion)
10that are part of a foundation herd (including producing dairy
11cattle) or offspring;
12    "Officer" means Illinois State Police Officer;
13    "Person" means any natural person or individual,
14governmental body, firm, association, partnership,
15copartnership, joint venture, company, corporation, joint
16stock company, trust, estate or any other legal entity or their
17legal representative, agent or assigns.
18(Source: P.A. 97-795, eff. 1-1-13.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.