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093_SB0563enr
SB563 Enrolled 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
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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
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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
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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)
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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 Enrolled -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 Enrolled -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 Enrolled -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:
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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
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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
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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
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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 occurthe 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
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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.)
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