Illinois General Assembly - Full Text of SB0069
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Full Text of SB0069  93rd General Assembly

SB0069 93rd General Assembly


093_SB0069

 
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 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 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  Department  with  respect to highways under its
 9    jurisdiction and local authorities with respect  to  highways
10    under  their  jurisdiction  may,  in  their  discretion, upon
11    application and good cause  being  shown  therefor,  issue  a
12    special permit authorizing the applicant to operate or move a
13    vehicle  or  combination  of  vehicles of a size or weight of
14    vehicle or load exceeding the maximum specified in  this  Act
15    or otherwise not in conformity with this Act upon any highway
16    under  the jurisdiction of the party granting such permit and
17    for the  maintenance  of  which  the  party  is  responsible.
18    Applications  and  permits  other  than  those  in written or
19    printed form may only be accepted  from  and  issued  to  the
20    company  or  individual  making  the  movement. Except for an
21    application to move directly across a highway,  it  shall  be
22    the  duty  of  the  applicant to establish in the application
23    that the load to be moved by such vehicle or  combination  is
24    composed   of   a  single  nondivisible  object  that  cannot
25    reasonably be dismantled or disassembled.  For the purpose of
26    over length movements, more than one object  may  be  carried
27    side  by  side  as long as the height, width, and weight laws
28    are not exceeded and the cause for the over length is not due
29    to  multiple  objects.  For  the  purpose  of   over   height
30    movements, more than one object may be carried as long as the
31    cause  for the over height is not due to multiple objects and
 
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 1    the length, width, and weight laws are not exceeded.  For the
 2    purpose of an over width movement, more than one  object  may
 3    be carried as long as the cause for the over width is not due
 4    to  multiple  objects and length, height, and weight laws are
 5    not exceeded. Except as  provided  in  subsection  (a-1),  no
 6    state  or local agency shall authorize the issuance of excess
 7    size or weight  permits  for  vehicles  and  loads  that  are
 8    divisible  and  that can be carried, when divided, within the
 9    existing size or weight maximums specified in  this  Chapter.
10    Any  excess  size or weight permit issued in violation of the
11    provisions of this Section shall be void  at  issue  and  any
12    movement  made  thereunder  shall not be authorized under the
13    terms of the void permit.  In any prosecution for a violation
14    of this Chapter when the authorization of an excess  size  or
15    weight  permit is at issue, it is the burden of the defendant
16    to establish that the permit was valid because the load to be
17    moved could not reasonably be dismantled or disassembled,  or
18    was otherwise nondivisible.
19        (a-1)  In   any   county  with  a  population  less  than
20    1,000,000, the county engineer may provide for  the  issuance
21    of  a  permit  for  the transportation of divisible loads not
22    exceeding 80,000 pounds in weight.
23        (b)  The application  for  any  such  permit  under  this
24    Section shall: (1) state whether such permit is requested for
25    a  single trip or for limited continuous operation; (2) state
26    if the applicant is an authorized carrier under the  Illinois
27    Motor  Carrier  of  Property  Law,  if  so,  his certificate,
28    registration or permit number issued by the Illinois Commerce
29    Commission;  (3)  specifically  describe  and  identify   the
30    vehicle  or  vehicles and load to be operated or moved except
31    that for vehicles or vehicle combinations registered  by  the
32    Department  as  provided  in  Section 15-319 of this Chapter,
33    only  the  Illinois  Department  of  Transportation's   (IDT)
34    registration  number  or  classification  need  be given; (4)
 
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 1    state the routing requested including the  points  of  origin
 2    and  destination,  and may identify and include a request for
 3    routing to the nearest certified scale in accordance with the
 4    Department's rules and regulations,  provided  the  applicant
 5    has  approval  to travel on local roads; and (5) state if the
 6    vehicles or loads are being transported for hire. No  permits
 7    for  the  movement  of  a  vehicle  or load for hire shall be
 8    issued to any applicant who is required  under  the  Illinois
 9    Motor   Carrier  of  Property  Law  to  have  a  certificate,
10    registration or permit and does not  have  such  certificate,
11    registration or permit.
12        (c)  The   Department   or   local   authority  when  not
13    inconsistent with traffic safety is authorized  to  issue  or
14    withhold such permit at its discretion; or, if such permit is
15    issued  at its discretion to prescribe the route or routes to
16    be traveled, to limit  the  number  of  trips,  to  establish
17    seasonal  or other time limitations within which the vehicles
18    described may be  operated  on  the  highways  indicated,  or
19    otherwise  to  limit or prescribe conditions of operations of
20    such vehicle or vehicles, when necessary  to  assure  against
21    undue damage to the road foundations, surfaces or structures,
22    and  may require such undertaking or other security as may be
23    deemed necessary to compensate for any injury to any  roadway
24    or  road  structure.  The  Department  shall maintain a daily
25    record of each permit issued  along  with  the  fee  and  the
26    stipulated  dimensions,  weights, conditions and restrictions
27    authorized and this record shall be presumed correct  in  any
28    case of questions or dispute. The Department shall install an
29    automatic  device  for  recording  applications  received and
30    permits  issued  by  telephone.  In  making  application   by
31    telephone,  the Department and applicant waive all objections
32    to the recording of the conversation.
33        (d)  The Department shall, upon  application  in  writing
34    from  any local authority, issue an annual permit authorizing
 
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 1    the local authority to move  oversize  highway  construction,
 2    transportation,  utility and maintenance equipment over roads
 3    under the jurisdiction of the Department. The permit shall be
 4    applicable  only  to  equipment  and  vehicles  owned  by  or
 5    registered in the name of the local  authority,  and  no  fee
 6    shall be charged for the issuance of such permits.
 7        (e)  As  an  exception  to paragraph (a) of this Section,
 8    the  Department  and  local  authorities,  with  respect   to
 9    highways  under  their  respective  jurisdictions,  in  their
10    discretion  and  upon  application  in  writing  may  issue a
11    special permit for limited continuous operation,  authorizing
12    the  applicant  to  move loads of sweet corn, soybeans, corn,
13    wheat, milo, other  small  grains  and  ensilage  during  the
14    harvest  season only on a 2 axle single vehicle registered by
15    the Secretary of State with axle  loads  not  to  exceed  35%
16    above those provided in Section 15-111. Permits may be issued
17    for a period not to exceed 40 days and moves may be made of a
18    distance  not  to exceed 25 miles from a field to a specified
19    processing plant over any highway except the National  System
20    of  Interstate  and Defense Highways. All such vehicles shall
21    be operated in  the  daytime  except  when  weather  or  crop
22    conditions  require  emergency  operation  at night, but with
23    respect to such night operation, every such vehicle with load
24    shall be equipped with flashing  amber  lights  as  specified
25    under Section 12-215. Upon a declaration by the Governor that
26    an  emergency  harvest  situation  exists,  a  special permit
27    issued by the Department under  this  Section  shall  not  be
28    required  from September 1 through December 31 during harvest
29    season emergencies, provided that the weight does not  exceed
30    20%  above  the limits provided in Section 15-111.  All other
31    restrictions that apply to permits issued under this  Section
32    shall apply during the declared time period.  With respect to
33    highways  under  the  jurisdiction  of local authorities, the
34    local authorities may, at  their  discretion,  waive  special
 
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 1    permit  requirements during harvest season emergencies.  This
 2    permit exemption shall apply  to  all  vehicles  eligible  to
 3    obtain  permits  under  this  Section,  including  commercial
 4    vehicles in use during the declared time period.
 5        (f)  The   form  and  content  of  the  permit  shall  be
 6    determined by the Department with respect to  highways  under
 7    its  jurisdiction  and  by  local authorities with respect to
 8    highways under their jurisdiction. Every permit shall  be  in
 9    written  form  and  carried  in the vehicle or combination of
10    vehicles to which it refers and shall be open  to  inspection
11    by  any  police  officer or authorized agent of any authority
12    granting the permit and no person shall violate  any  of  the
13    terms  or conditions of such special permit. Violation of the
14    terms and conditions of the permit  shall  not  be  deemed  a
15    revocation of the permit; however, any vehicle and load found
16    to be off the route prescribed in the permit shall be held to
17    be  operating  without  a  permit.  Any off route vehicle and
18    load shall be required to obtain a new permit or permits,  as
19    necessary,  to  authorize the movement back onto the original
20    permit routing. No rule or regulation,  nor  anything  herein
21    shall be construed to authorize any police officer, court, or
22    authorized  agent  of  any  authority  granting the permit to
23    remove the permit from the possession of the permittee unless
24    the permittee is charged with a fraudulent  permit  violation
25    as  provided  in  paragraph  (i). However, upon arrest for an
26    offense of violation of permit, operating  without  a  permit
27    when  the vehicle is off route, or any size or weight offense
28    under this Chapter when the  permittee  plans  to  raise  the
29    issuance  of  the  permit as a defense, the permittee, or his
30    agent,  must  produce  the  permit  at  any   court   hearing
31    concerning the alleged offense.
32        If  the  permit  designates  and  includes a routing to a
33    certified  scale,  the  permitee,  while   enroute   to   the
34    designated  scale,  shall  be  deemed  in compliance with the
 
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 1    weight provisions of the permit provided the  axle  or  gross
 2    weights  do  not  exceed  any of the permitted limits by more
 3    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
 8    make available to  interested  persons  a  policy  concerning
 9    reasonable rules, limitations and conditions or provisions of
10    operation upon highways under its jurisdiction in addition to
11    those  contained  in this Section for the movement by special
12    permit of  vehicles,  combinations,  or  loads  which  cannot
13    reasonably   be   dismantled   or   disassembled,   including
14    manufactured  and modular home sections and portions thereof.
15    All rules, limitations and conditions or  provisions  adopted
16    in  the  policy  shall  have due regard for the safety of the
17    traveling public and the protection of the highway system and
18    shall have been promulgated in conformity with the provisions
19    of   the   Illinois   Administrative   Procedure   Act.   The
20    requirements of the policy for flagmen  and  escort  vehicles
21    shall  be  the  same  for  all  moves  of comparable size and
22    weight. When escort vehicles are required,  they  shall  meet
23    the following requirements:
24             (1)  All  operators shall be 18 years of age or over
25        and properly licensed to operate the vehicle.
26             (2)  Vehicles escorting oversized  loads  more  than
27        12-feet wide must be equipped with a rotating or flashing
28        amber  light  mounted  on  top as specified under Section
29        12-215.
30        The  Department  shall  establish  reasonable  rules  and
31    regulations regarding liability insurance or  self  insurance
32    for  vehicles  with  oversized  loads  promulgated  under The
33    Illinois Administrative Procedure Act. Police vehicles may be
34    required for escort under circumstances as required by  rules
 
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 1    and regulations of the Department.
 2        (h)  Violation  of  any  rule, limitation or condition or
 3    provision  of  any  permit  issued  in  accordance  with  the
 4    provisions of this Section shall not render the entire permit
 5    null and void but the violator  shall  be  deemed  guilty  of
 6    violation  of permit and guilty of exceeding any size, weight
 7    or load limitations in excess  of  those  authorized  by  the
 8    permit.  The prescribed route or routes on the permit are not
 9    mere rules, limitations, conditions,  or  provisions  of  the
10    permit,  but  are  also  the sole extent of the authorization
11    granted by the permit.  If a vehicle and load are found to be
12    off the route or routes prescribed by any permit  authorizing
13    movement,  the  vehicle  and  load  are  operating  without a
14    permit.  Any off route movement shall be subject to the  size
15    and  weight maximums, under the applicable provisions of this
16    Chapter, as determined by the  type  or  class  highway  upon
17    which the vehicle and load are being operated.
18        (i)  Whenever  any  vehicle  is operated or movement made
19    under a fraudulent permit the permit shall be void,  and  the
20    person, firm, or corporation to whom such permit was granted,
21    the  driver  of  such  vehicle  in addition to the person who
22    issued such permit and any  accessory,  shall  be  guilty  of
23    fraud  and  either  one  or all persons may be prosecuted for
24    such violation. Any person, firm, or  corporation  committing
25    such  violation  shall  be guilty of a Class 4 felony and the
26    Department shall not issue permits to  the  person,  firm  or
27    corporation  convicted  of such violation for a period of one
28    year after the date of conviction. Penalties  for  violations
29    of this Section shall be in addition to any penalties imposed
30    for violation of other Sections of this Act.
31        (j)  Whenever any vehicle is operated or movement made in
32    violation of a permit issued in accordance with this Section,
33    the  person to whom such permit was granted, or the driver of
34    such vehicle, is guilty of such violation and either, but not
 
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 1    both, persons may be prosecuted for such violation as  stated
 2    in  this  subsection  (j).  Any  person,  firm or corporation
 3    convicted of such  violation  shall  be  guilty  of  a  petty
 4    offense  and  shall  be fined for the first offense, not less
 5    than $50 nor more than $200 and, for the  second  offense  by
 6    the  same  person, firm or corporation within a period of one
 7    year, not less than $200 nor more  than  $300  and,  for  the
 8    third  offense by the same person, firm or corporation within
 9    a period of one year after the date of the first offense, not
10    less than $300 nor more than $500 and  the  Department  shall
11    not   issue  permits  to  the  person,  firm  or  corporation
12    convicted of a third offense during  a  period  of  one  year
13    after the date of conviction for such third offense.
14        (k)  Whenever  any  vehicle  is  operated  on local roads
15    under permits for excess width  or  length  issued  by  local
16    authorities,  such  vehicle may be moved upon a State highway
17    for a distance not to exceed one-half mile without  a  permit
18    for the purpose of crossing the State highway.
19        (l)  Notwithstanding any other provision of this Section,
20    the   Department,   with   respect   to  highways  under  its
21    jurisdiction, and local authorities, with respect to highways
22    under their jurisdiction, may at their  discretion  authorize
23    the  movement of a vehicle in violation of any size or weight
24    requirement, or both, that would not ordinarily  be  eligible
25    for  a  permit,  when there is a showing of extreme necessity
26    that the vehicle and load should be moved without unnecessary
27    delay.
28        For the purpose of this subsection,  showing  of  extreme
29    necessity  shall  be  limited to the following:  shipments of
30    livestock, hazardous materials, liquid concrete being  hauled
31    in a mobile cement mixer, or hot asphalt.
32        (m)  Penalties for violations of this Section shall be in
33    addition  to  any  penalties  imposed for violating any other
34    Section of this Code.
 
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 1        (n)  The Department with respect to  highways  under  its
 2    jurisdiction  and  local authorities with respect to highways
 3    under  their  jurisdiction,  in  their  discretion  and  upon
 4    application in  writing,  may  issue  a  special  permit  for
 5    continuous  limited  operation,  authorizing the applicant to
 6    operate a tow-truck that exceeds the weight  limits  provided
 7    for in subsection (d) of Section 15-111, provided:
 8             (1)  no  rear  single  axle of the tow-truck exceeds
 9        26,000 pounds;
10             (2)  no rear tandem axle of  the  tow-truck  exceeds
11        50,000 pounds;
12             (3)  neither  the  disabled vehicle nor the disabled
13        combination of vehicles exceed  the  weight  restrictions
14        imposed  by this Chapter 15, or the weight limits imposed
15        under a permit issued by the Department prior to hookup;
16             (4)  the tow-truck prior to hookup does  not  exceed
17        the weight restrictions imposed by this Chapter 15;
18             (5)  during the tow operation the tow-truck does not
19        violate any weight restriction sign;
20             (6)  the   tow-truck   is  equipped  with  flashing,
21        rotating, or oscillating amber  lights,  visible  for  at
22        least 500 feet in all directions;
23             (7)  the  tow-truck  is  specifically  designed  and
24        licensed as a tow-truck;
25             (8)  the tow-truck has a gross vehicle weight rating
26        of  sufficient capacity to safely handle the load;
27             (9)  the tow-truck is equipped with air brakes;
28             (10)  the  tow-truck  is  capable  of  utilizing the
29        lighting and braking systems of the disabled  vehicle  or
30        combination of vehicles;
31             (11)  the tow distance of the tow does not exceed 50
32        miles  from the point of disablement to a place of repair
33        or safekeeping;
34             (12)  the permit issued to the tow-truck is  carried
 
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 1        in  the  tow-truck  and  exhibited  on demand by a police
 2        officer; and
 3             (13) the movement  shall  be  valid  only  on  state
 4        routes approved by the Department.
 5    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
 6    90-655, eff. 7-30-98;  90-676,  eff.  7-31-98;  91-569,  eff.
 7    1-1-00.)