Full Text of HB3154 100th General Assembly
HB3154 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3154 Introduced , by Rep. Sonya M. Harper SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/15-316 | from Ch. 95 1/2, par. 15-316 |
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Amends the Illinois Vehicle Code. Provides that local authorities, with respect to highways under their jurisdiction, may limit the operation of trucks or other commercial vehicles in areas with poor air quality. Defines "poor air quality".
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 changing | 5 | | Section 15-316 as follows:
| 6 | | (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
| 7 | | Sec. 15-316. When the Department or local authority may | 8 | | restrict right to use highways.
| 9 | | (a) Except as provided in subsection (g), local authorities | 10 | | with
respect to highways under their jurisdiction may by | 11 | | ordinance or resolution
prohibit the operation of vehicles upon | 12 | | any such highway or impose
restrictions as to the weight of | 13 | | vehicles to be operated upon any such
highway, for a total | 14 | | period of not to exceed 90 days, measured in either consecutive | 15 | | or nonconsecutive days at the discretion of local authorities, | 16 | | in any one calendar
year, whenever any said highway by reason | 17 | | of deterioration, rain, snow, or
other climate conditions will | 18 | | be seriously damaged or destroyed unless the
use of vehicles | 19 | | thereon is prohibited or the permissible weights thereof
| 20 | | reduced.
| 21 | | (b) The local authority
enacting any such ordinance or | 22 | | resolution shall erect or cause to be erected
and maintained | 23 | | signs designating the provision of the ordinance or resolution
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| 1 | | at each end of that portion of any highway affected thereby, | 2 | | and the ordinance
or resolution shall not be effective unless | 3 | | and until such signs are erected
and maintained.
| 4 | | (c) Local authorities with
respect to highways under their | 5 | | jurisdiction may also, by ordinance or
resolution, prohibit the | 6 | | operation of trucks or other commercial vehicles,
or may impose | 7 | | limitations as the weight thereof, on designated highways, | 8 | | which
prohibitions and limitations shall be designated by | 9 | | appropriate signs placed on
such highways.
| 10 | | (c-1) (Blank).
| 11 | | (c-3) Local authorities, with respect to highways under | 12 | | their jurisdiction, may by ordinance or resolution limit the | 13 | | operation of trucks or other commercial vehicles in areas with | 14 | | poor air quality. For purposes of this subsection (c-3), "poor | 15 | | air quality" means when pollutants, including emissions from | 16 | | natural and unnatural sources, in the air reach a high enough | 17 | | concentration to endanger human health or the environment. | 18 | | (c-5) Highway commissioners, with respect to roads under | 19 | | their authority, may not permanently post a road or portion | 20 | | thereof at a reduced weight limit unless the decision to do so | 21 | | is made in accordance with Section 6-201.22 of the Illinois | 22 | | Highway Code. | 23 | | (d) The Department shall likewise have authority as | 24 | | hereinbefore
granted to local authorities to
determine by | 25 | | resolution and to impose restrictions as to the weight of | 26 | | vehicles
operated upon any highway under the jurisdiction of |
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| 1 | | said department, and such
restrictions shall be effective when | 2 | | signs giving notice thereof are erected
upon the highway or | 3 | | portion of any highway affected by such resolution.
| 4 | | (d-1) (Blank).
| 5 | | (d-2) (Blank).
| 6 | | (e) When any vehicle is operated in violation of this | 7 | | Section, the owner
or driver of the vehicle shall be deemed | 8 | | guilty of a violation and either the
owner or the driver of the | 9 | | vehicle may be prosecuted for the violation. Any
person, firm, | 10 | | or corporation convicted of violating this Section shall be | 11 | | fined
$50 for any weight exceeding the posted limit up to the | 12 | | axle or gross weight
limit allowed a vehicle as provided for in | 13 | | subsections (a) or (b) of Section
15-111 and $75 per every 500 | 14 | | pounds or fraction thereof for any weight
exceeding that which | 15 | | is provided for in subsections (a) or
(b) of Section 15-111.
| 16 | | (f) A municipality is authorized to enforce a county weight | 17 | | limit
ordinance applying to county highways within its | 18 | | corporate limits and is
entitled to the proceeds of any fines | 19 | | collected from the enforcement.
| 20 | | (g) An ordinance or resolution enacted by a county or | 21 | | township pursuant to subsection (a) of this Section shall not | 22 | | apply to cargo tank vehicles with two or three permanent axles | 23 | | when delivering propane for emergency heating purposes if the | 24 | | cargo tank is loaded at no more than 50 percent capacity, the | 25 | | gross vehicle weight of the vehicle does not exceed 32,000 | 26 | | pounds, and the driver of the cargo tank vehicle notifies the |
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| 1 | | appropriate agency or agencies with jurisdiction over the | 2 | | highway before driving the vehicle on the highway pursuant to | 3 | | this subsection. The cargo tank vehicle must have an operating | 4 | | gauge on the cargo tank which indicates the amount of propane | 5 | | as a percent of capacity of the cargo tank. The cargo tank must | 6 | | have the capacity displayed on the cargo tank, or documentation | 7 | | of the capacity of the cargo tank must be available in the | 8 | | vehicle. For the purposes of this subsection, propane weighs | 9 | | 4.2 pounds per gallon. This subsection does not apply to | 10 | | municipalities. Nothing in this subsection shall allow cargo | 11 | | tank
vehicles
to cross bridges with posted weight restrictions | 12 | | if the vehicle exceeds the posted weight limit. | 13 | | (Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; 99-642, | 14 | | eff. 7-28-16.)
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