(625 ILCS 5/13C-5) Sec. 13C-5. Definitions. For the purposes of this Chapter: "Affected counties" means Cook County; DuPage County; Lake County; those parts of Kane County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60109, 60119, 60135, 60140, 60142, 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520, 60545, and 60554; those parts of Kendall County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60447, 60450, 60512, 60536, 60537, 60541, those parts of 60543 that are not within the census defined urbanized area, 60545, 60548, and 60560; those parts of McHenry County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60135, 60142, 60152, and 60180; those parts of Will County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 60401, 60407, 60408, 60410, 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935, and 60950; those parts of Madison County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62001, 62012, 62021, 62026, 62046, 62058, 62061, 62067, 62074, 62086, 62088, 62097, 62249, 62275, 62281, and 62293; those parts of Monroe County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62244, 62248, 62256, 62261, 62264, 62276, 62277, 62278, 62279, 62295, and 62298; and those parts of St. Clair County that are not included within any of the following ZIP code areas, as designated by the U.S. Postal Service on the effective date of this amendatory Act of the 94th General Assembly: 62224, 62243, 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265, 62269, 62278, 62282, 62285, 62289, 62293, and 62298. "Board" means the Illinois Pollution Control Board. "Claim evaluation center" means an automotive diagnostic facility that meets the standards prescribed by the Agency for performing examinations of vehicle emissions inspection damage claims. "Contractor" means the vehicle emissions test contractor for official inspection stations described in Section 13C-45. "Diagnostic code" means a code stored in a vehicle's on-board diagnostic computer to indicate the occurrence of an emissions-related condition or malfunction. "Inspection area" means Cook County, DuPage County, Lake County, and those portions of Kane, Kendall, Madison, McHenry, Monroe, Will, and St. Clair Counties included in the definition of "affected counties". "Malfunction indicator lamp" or "MIL" means a dashboard lamp designed to illuminate to alert the driver to the occurrence of a problem or condition resulting in excessive emissions. "On-board diagnostic system" or "OBD system" means the computer-based system built into a vehicle that is designed to monitor the performance of major engine and emissions controls, to alert the operator to emissions-related malfunctions, and to store diagnostic codes and other vehicle operating information useful in repairing the vehicle. "Official inspection station" means a structure or physical location where the Agency has authorized vehicle emissions testing to be conducted. "Owner" means the registered owner of the vehicle, as indicated on the vehicle's registration. In the case of an unregistered vehicle, "owner" has the meaning set forth in Section 1-155 of this Code. "Program" means the vehicle emission inspection program established under this Chapter. "Readiness status" means an indication of whether a vehicle's on-board diagnostic system has completed a periodic check of the performance of a monitored system or component. "Resident" includes natural persons, foreign and domestic corporations, partnerships, associations, and all other commercial and governmental entities. For the purpose of determining residence, the owner of a vehicle shall be presumed to reside at the address indicated on the vehicle's registration. A governmental entity, including the federal government and its agencies, and any unit of local government or school district, any part of which is located within an affected county, shall be deemed a resident of an affected county for the purpose of any vehicle that is owned by the governmental entity and regularly operated in an affected county. "Registration" of a vehicle means its registration under Article IV of Chapter 3 of this Code. "Vehicle age" means the numerical difference between the current calendar year and the vehicle model year.
(Source: P.A. 97-106, eff. 2-1-12 .) |
(625 ILCS 5/13C-15)
Sec. 13C-15. Inspections. (a) Computer-Matched Inspections and Notification. (1) The provisions of this subsection (a) are |
| operative until the implementation of the registration denial inspection and notification mechanisms required by subsection (b). Beginning with the implementation of the program required by this Chapter, every motor vehicle that is owned by a resident of an affected county, other than a vehicle that is exempt under paragraph (a)(6) or (a)(7), is subject to inspection under the program.
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The Agency shall send notice of the assigned
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| inspection month, at least 15 days before the beginning of the assigned month, to the owner of each vehicle subject to the program. An initial emission inspection sticker or initial inspection certificate, as the case may be, expires on the last day of the third month following the month assigned by the Agency for the first inspection of the vehicle. A renewal inspection sticker or certificate expires on the last day of the third month following the month assigned for inspection in the year in which the vehicle's next inspection is required.
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The Agency or its agent may issue an interim emission
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| inspection sticker or certificate for any vehicle subject to inspection that does not have a currently valid emission inspection sticker or certificate at the time the Agency is notified by the Secretary of State of its registration by a new owner, and for which an initial emission inspection sticker or certificate has already been issued. An interim emission inspection sticker or certificate expires no later than the last day of the sixth complete calendar month after the date the Agency issued the interim emission inspection sticker or certificate.
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The owner of each vehicle subject to inspection shall
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| obtain an emission inspection sticker or certificate for the vehicle in accordance with this paragraph (1). Before the expiration of the emission inspection sticker or certificate, the owner shall have the vehicle inspected and, upon demonstration of compliance, obtain a renewal emission inspection sticker or certificate. A renewal emission inspection sticker or certificate shall not be issued more than 5 months before the expiration date of the previous inspection sticker or certificate.
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(2) Except as provided in paragraph (a)(3), vehicles
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| shall be inspected every 2 years on a schedule that begins either in the second, fourth, or later calendar year after the vehicle model year. The beginning test schedule shall be set by the Agency and shall be consistent with the State's requirements for emission reductions as determined by the applicable United States Environmental Protection Agency vehicle emissions estimation model and applicable guidance and rules.
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(3) A vehicle may be inspected at a time outside of
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| its normal 2-year inspection schedule, if (i) the vehicle was acquired by a new owner and (ii) the vehicle was required to be in compliance with this Act at the time the vehicle was acquired by the new owner, but it was not then in compliance.
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(4) The owner of a vehicle subject to inspection
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| shall have the vehicle inspected and shall obtain and display on the vehicle or carry within the vehicle, in a manner specified by the Agency, a valid unexpired emission inspection sticker or certificate in the manner specified by the Agency. A person who violates this paragraph (4) is guilty of a petty offense, except that a third or subsequent violation within one year of the first violation is a Class C misdemeanor. The fine imposed for a violation of this paragraph (4) shall be not less than $50 if the violation occurred within 60 days following the date by which a new or renewal emission inspection sticker or certificate was required to be obtained for the vehicle, and not less than $300 if the violation occurred more than 60 days after that date.
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(5) For a $20 fee, to be paid into the Vehicle
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| Inspection Fund, the Agency may inspect:
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(A) A vehicle registered in and subject to the
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| emission inspections requirements of another state.
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(B) A vehicle presented for inspection on a
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Any fees collected under this paragraph (5) shall
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| not offset Motor Fuel Tax Funds normally appropriated for the program.
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(6) The following vehicles are not subject to
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(A) Vehicles not subject to registration under
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| Article IV of Chapter 3 of this Code, other than vehicles owned by the federal government.
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(B) Motorcycles, motor driven cycles, and
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(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
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(E) Antique vehicles, expanded-use antique
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| vehicles, custom vehicles, street rods, and vehicles of model year 1967 or before.
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(F) Vehicles operated exclusively for parade or
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| ceremonial purposes by any veterans, fraternal, or civic organization, organized on a not-for-profit basis.
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(G) Vehicles for which the Secretary of State,
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| under Section 3-117 of this Code, has issued a Junking Certificate.
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(H) Diesel powered vehicles and vehicles that are
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| powered exclusively by electricity.
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(I) Vehicles operated exclusively in organized
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| amateur or professional sporting activities, as defined in Section 3.310 of the Environmental Protection Act.
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(J) Vehicles registered in, subject to, and in
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| compliance with the emission inspection requirements of another state.
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(K) Vehicles participating in an OBD continuous
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| monitoring program operated in accordance with procedures adopted by the Agency.
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(L) Vehicles of model year 1995 or earlier that
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| do not have an expired emissions test sticker or certificate on February 1, 2007.
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The Agency may issue temporary or permanent exemption
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| stickers or certificates for vehicles temporarily or permanently exempt from inspection under this paragraph (6). An exemption sticker or certificate does not need to be displayed.
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(7) According to criteria that the Agency may adopt,
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| a motor vehicle may be exempted from the inspection requirements of this Section by the Agency on the basis of an Agency determination that the vehicle is located and primarily used outside of the affected counties or in other jurisdictions where vehicle emission inspections are not required. The Agency may issue an annual exemption sticker or certificate without inspection for any vehicle exempted from inspection under this paragraph (7).
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(8) Any owner or lessee of a fleet of 15 or more
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| motor vehicles that are subject to inspection under this Section may apply to the Agency for a permit to establish and operate a private official inspection station in accordance with rules adopted by the Agency.
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(9) Pursuant to Title 40, Section 51.371 of the Code
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| of Federal Regulations, the Agency may establish a program of on-road testing of in-use vehicles through the use of remote sensing devices. In any such program, the Agency shall evaluate the emission performance of 0.5% of the subject fleet or 20,000 vehicles, whichever is less. Under no circumstances shall on-road testing include any sort of roadblock or roadside pullover or cause any type of traffic delay. If, during the course of an on-road inspection, a vehicle is found to exceed the on-road emissions standards established for the model year and type of vehicle, the Agency shall send a notice to the vehicle owner. The notice shall document the occurrence and the results of the on-road exceedance. The notice of a second on-road exceedance shall indicate that the vehicle has been reassigned and is subject to an out-of-cycle follow-up inspection at an official inspection station. In no case shall the Agency send a notice of an on-road exceedance to the owner of a vehicle that was found to exceed the on-road emission standards established for the model year and type of vehicle, if the vehicle is registered outside of the affected counties.
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(b) Registration Denial Inspection and Notification.
(1) No later than January 1, 2008, every motor
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| vehicle that is owned by a resident of an affected county, other than a vehicle that is exempt under paragraph (b)(8) or (b)(9), is subject to inspection under the program.
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The owner of a vehicle subject to inspection shall
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| have the vehicle inspected and obtain proof of compliance from the Agency in order to obtain or renew a vehicle registration for a subject vehicle.
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The Secretary of State shall notify the owner of a
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| vehicle subject to inspection of the requirement to have the vehicle tested at least 30 days prior to the beginning of the month in which the vehicle's registration is due to expire. Notwithstanding the preceding, vehicles with permanent registration plates shall be notified at least 30 days prior to the month corresponding to the date the vehicle was originally registered. This notification shall clearly state the vehicle's test status, based upon the vehicle type, model year and registration address.
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The owner of each vehicle subject to inspection shall
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| have the vehicle inspected and, upon demonstration of compliance, obtain an emissions compliance certificate for the vehicle.
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(2) Except as provided in paragraphs (b)(3), (b)(4),
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| and (b)(5), vehicles shall be inspected every 2 years on a schedule that begins in the fourth calendar year after the vehicle model year. Even model year vehicles shall be inspected and comply in order to renew registrations expiring in even calendar years and odd model year vehicles shall be inspected and comply in order to renew registrations expiring in odd calendar years.
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(3) A vehicle shall be inspected and comply at a time
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| outside of its normal 2-year inspection schedule if (i) the vehicle was acquired by a new owner and (ii) the vehicle had not been issued a Compliance Certificate within one year of the date of application for the title or registration, or both, for the vehicle.
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(4) Vehicles with 2-year registrations shall be
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| inspected every 2 years at the time of registration issuance or renewal on a schedule that begins in the fourth year after the vehicle model year.
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(5) Vehicles with permanent vehicle registration
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| plates shall be inspected every 2 years on a schedule that begins in the fourth calendar year after the vehicle model year in the month corresponding to the date the vehicle was originally registered. Even model year vehicles shall be inspected and comply in even calendar years, and odd model year vehicles shall be inspected and comply in odd calendar years.
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(6) The Agency and the Secretary of State shall
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| endeavor to ensure a smooth transition from test scheduling from the provisions of subsection (a) to subsection (b). Passing tests and waivers issued prior to the implementation of this subsection (b) may be utilized to establish compliance for a period of one year from the date of the emissions or waiver inspection.
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(7) For a $20 fee, to be paid into the Vehicle
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| Inspection Fund, the Agency may inspect:
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(A) A vehicle registered in and subject to the
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| emissions inspections requirements of another state.
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(B) A vehicle presented for inspection on a
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Any fees collected under this paragraph (7) shall not
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| offset Motor Fuel Tax Funds normally appropriated for the program.
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(8) The following vehicles are not subject to
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(A) Vehicles not subject to registration under
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| Article IV of Chapter 3 of this Code, other than vehicles owned by the federal government.
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(B) Motorcycles, motor driven cycles, and
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(C) Farm vehicles and implements of husbandry.
(D) Implements of warfare owned by the State or
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(E) Antique vehicles, expanded-use antique
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| vehicles, custom vehicles, street rods, and vehicles of model year 1967 or before.
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(F) Vehicles operated exclusively for parade or
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| ceremonial purposes by any veterans, fraternal, or civic organization, organized on a not-for-profit basis.
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(G) Vehicles for which the Secretary of State,
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| under Section 3-117 of this Code, has issued a Junking Certificate.
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(H) Diesel powered vehicles and vehicles that are
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| powered exclusively by electricity.
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(I) Vehicles operated exclusively in organized
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| amateur or professional sporting activities, as defined in Section 3.310 of the Environmental Protection Act.
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(J) Vehicles registered in, subject to, and in
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| compliance with the emission inspection requirements of another state.
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(K) Vehicles participating in an OBD continuous
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| monitoring program operated in accordance with procedures adopted by the Agency.
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(L) Vehicles of model year 1995 or earlier that
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| do not have an expired emissions test sticker or certificate on February 1, 2007.
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(M) Vehicles of model year 2006 or earlier with a
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| manufacturer gross vehicle weight rating between 8,501 and 14,000 pounds.
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(N) Vehicles with a manufacturer gross vehicle
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| weight rating greater than 14,000 pounds.
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The Agency may issue temporary or permanent exemption
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| certificates for vehicles temporarily or permanently exempt from inspection under this paragraph (8). An exemption sticker or certificate does not need to be displayed.
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(9) According to criteria that the Agency may adopt,
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| a motor vehicle may be exempted from the inspection requirements of this Section by the Agency on the basis of an Agency determination that the vehicle is located and primarily used outside of the affected counties and in other jurisdictions where vehicle emissions inspections are not required. The Agency may issue an annual exemption certificate without inspection for any vehicle exempted from inspection under this paragraph (9).
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(10) Any owner or lessee of a fleet of 15 or more
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| motor vehicles that are subject to inspection under this Section may apply to the Agency for a permit to establish and operate a private official inspection station in accordance with rules adopted by the Agency.
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(11) Pursuant to Title 40, Section 51.371 of the Code
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| of Federal Regulations, the Agency may establish a program of on-road testing of in-use vehicles through the use of remote sensing devices. In any such program, the Agency shall evaluate the emission performance of 0.5% of the subject fleet or 20,000 vehicles, whichever is less. Under no circumstances shall on-road testing include any sort of roadblock or roadside pullover or cause any type of traffic delay. If, during the course of an on-road inspection, a vehicle is found to exceed the on-road emissions standards established for the model year and type of vehicle, the Agency shall send a notice to the vehicle owner. The notice shall document the occurrence and the results of the on-road exceedance. The notice of a second on-road exceedance shall indicate that the vehicle has been reassigned and is subject to an out-of-cycle follow-up inspection at an official inspection station. In no case shall the Agency send a notice of an on-road exceedance to the owner of a vehicle that was found to exceed the on-road emissions standards established for the model year and type of vehicle, if the vehicle is registered outside of the affected counties.
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(Source: P.A. 97-106, eff. 2-1-12; 97-412, eff. 1-1-12; 97-813, eff. 7-13-12.)
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(625 ILCS 5/13C-40) Sec. 13C-40. Grievance and damage claim requirements and procedures. (a) Emissions inspection and waiver denial grievance procedures. (1) Any person aggrieved by a decision regarding the |
| failure of an emissions test or the denial of a waiver may file a petition with the Agency within 30 days after the decision was made, and the Agency shall thereupon investigate the matter. Within 45 days after its receipt of the petition, the Agency shall submit to the petitioner and any affected inspector or station its written determination of the correctness or incorrectness of the decision being grieved. The written determination shall include a statement of the facts relied upon and the legal and technical issues decided by the Agency in making its determination, and may also include an order directing the inspector (i) to issue an emission inspection certificate for the vehicle effective on such date as the Agency may specify, (ii) to reinspect the vehicle, (iii) to apply the standards that the Agency has determined to be applicable, or (iv) to take any other action that the Agency deems to be appropriate. In conducting the investigation, the Agency may require the petitioner to present the vehicle for inspection by the Agency or its designated agent.
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(2) The written determination of the Agency shall be
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| subject to review in circuit court in accordance with the provisions of the Administrative Review Law, except that no challenge to the validity of a rule adopted or continued under subsection (a) of Section 13C-20 shall be heard by the circuit court if the challenge could have been raised in a timely petition for review as provided in Section 13C-20.
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(b) Vehicle damage claim requirements and procedures.
(1) The contractor shall make vehicle damage claim
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| forms authorized by the Agency available for vehicle owners in sufficient quantities at all official inspection stations.
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(2) Notice of the vehicle damage claim procedures and
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| the vehicle owner's rights in relation to a vehicle damage claim shall be conspicuously posted at all official inspection stations.
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(3) If a vehicle owner believes that his or her
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| vehicle was damaged by an act or omission of the contractor during or as a result of an emissions inspection performed on or after August 1, 2002, the owner may initiate resolution of the damage claim under this subsection by complying with the following:
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(A) Within 30 days of the date of the vehicle
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| emissions inspection that allegedly caused the vehicle damage, the vehicle owner shall submit a vehicle damage claim to the contractor at the official inspection station at which the vehicle damage allegedly occurred.
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(B) Within 30 days of filing the claim, the owner
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| shall submit to the contractor any relevant information relating to the owner's claim for vehicle damage, including but not limited to evaluations conducted by a claims evaluation center or automotive repair shop meeting standards prescribed by the Agency.
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(4) The contractor shall promptly notify the Agency
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| of each vehicle damage claim received by the contractor under subdivision (b)(3) and shall forward to the Agency any additional information provided by the owner.
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(5) Within 60 days after the filing of a vehicle
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| damage claim, the contractor shall notify the vehicle owner of its proposed resolution of the damage claim.
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(6) Within 30 days after receiving the contractor's
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| proposed resolution of the damage claim, the owner may petition the Agency for a review of the adequacy and completeness of the contractor's proposed resolution. The petition shall be in a form specified by the Agency.
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(7) Upon receiving a petition for review, the Agency
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| shall request the contractor to deliver to the Agency a copy of the contractor's proposed resolution of the damage claim, together with all documents, videotapes, and information relevant to the damage claim and the proposed resolution. The contractor shall provide the requested materials to the Agency within 15 days of receiving the Agency's request.
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(8) Within 30 days after receiving the relevant
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| materials from the contractor, the Agency shall review the materials and determine whether the contractor's proposed resolution of the damage claim is adequate and complete. The Agency may deem the proposed resolution of the damage claim to be adequate and complete. If the Agency does not deem the proposed resolution of the damage claim to be adequate and complete, it may request the contractor to further investigate and evaluate the damage claim and resubmit its proposed resolution of the claim. The contractor shall then have 30 days to respond in writing to the Agency with the results of its further evaluation of the damage claim and its proposed resolution.
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(9) The Agency shall notify the vehicle owner in
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| writing of the result of its review of the adequacy and completeness of the contractor's proposed resolution of the damage claim. Copies of all correspondence between the Agency and the contractor relating to the damage claim shall also be sent to the vehicle owner.
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(10) If, after the Agency's review, the vehicle owner
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| still does not agree with all or a portion of the proposed resolution of the damage claim by the contractor, the vehicle owner may further pursue the damage claim through the binding arbitration process established by the contractor and accepted by the Agency, or in circuit court.
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(11) The Agency's review of the adequacy and
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| completeness of the contractor's proposed resolution of a damage claim is not binding upon the vehicle owner or the contractor and does not affect the rights of the vehicle owner or the contractor under law. The Agency's review of the adequacy and completeness of the contractor's proposed resolution of a damage claim is not a final action subject to administrative review and is not subject to review by the Pollution Control Board or otherwise appealable.
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(Source: P.A. 94-526, eff. 1-1-06.)
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(625 ILCS 5/13C-55) Sec. 13C-55. Enforcement. (a) Computer-Matched Enforcement. (1) The provisions of this subsection (a) are |
| operative until the implementation of the registration denial enforcement mechanism required by subsection (b). The Agency shall cooperate in the enforcement of this Chapter by (i) identifying probable violations through computer matching of vehicle registration records and inspection records; (ii) sending one notice to each suspected violator identified through such matching, stating that registration and inspection records indicate that the vehicle owner has not complied with this Chapter; (iii) directing the vehicle owner to notify the Agency or the Secretary of State if he or she has ceased to own the vehicle or has changed residence; and (iv) advising the vehicle owner of the consequences of violating this Chapter.
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The Agency shall cooperate with the Secretary of
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| State in the administration of this Chapter and the related provisions of Chapter 3, and shall provide the Secretary of State with such information as the Secretary of State may deem necessary for these purposes, including regular and timely access to vehicle inspection records.
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The Secretary of State shall cooperate with the
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| Agency in the administration of this Chapter and shall provide the Agency with such information as the Agency may deem necessary for the purposes of this Chapter, including regular and timely access to vehicle registration records. Section 2-123 of this Code does not apply to the provision of this information.
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(2) The Secretary of State shall suspend either the
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| driving privileges or the vehicle registration, or both, of any vehicle owner who has not complied with this Chapter, if (i) the vehicle owner has failed to satisfactorily respond to the one notice sent by the Agency under paragraph (a)(1), and (ii) the Secretary of State has mailed the vehicle owner a notice that the suspension will be imposed if the owner does not comply within a stated period, and the Secretary of State has not received satisfactory evidence of compliance within that period. The Secretary of State shall send this notice only after receiving a statement from the Agency that the vehicle owner has failed to comply with this Section. Notice shall be effective as specified in subsection (c) of Section 6-211 of this Code.
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A suspension under this paragraph (a)(2) shall not
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| be terminated until satisfactory proof of compliance has been submitted to the Secretary of State. No driver's license or permit, or renewal of a license or permit, may be issued to a person whose driving privileges have been suspended under this Section until the suspension has been terminated. No vehicle registration or registration plate or digital registration plate that has been suspended under this Section may be reinstated or renewed, or transferred by the owner to any other vehicle, until the suspension has been terminated.
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(b) Registration Denial Enforcement.
(1) No later than January 1, 2008, and consistent
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| with Title 40, Part 51, Section 51.361 of the Code of Federal Regulations, the Agency and the Secretary of State shall design, implement, maintain, and operate a registration denial enforcement mechanism to ensure compliance with the provisions of this Chapter, and cooperate with other State and local governmental entities to effectuate its provisions. Specifically, this enforcement mechanism shall contain, at a minimum, the following elements:
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(A) An external, readily visible means of
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| determining vehicle compliance with the registration requirement to facilitate enforcement of the program;
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(B) A biennial schedule of testing that clearly
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| determines when a vehicle shall comply prior to registration;
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(C) A testing certification mechanism (either
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| paper-based or electronic) that shall be used for registration purposes and clearly states whether the certification is valid for purposes of registration, including:
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(i) Expiration date of the certificate;
(ii) Unambiguous vehicle identification
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(iii) Whether the vehicle passed or received
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(D) A commitment to routinely issue citations to
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| motorists with expired or missing license plates, with either no registration or an expired registration, and with no license plate decals or expired decals, and provide for enforcement officials other than police to issue citations (e.g., parking meter attendants) to parked vehicles in noncompliance;
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(E) A commitment to structure the penalty system
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| to deter noncompliance with the registration requirement through the use of mandatory minimum fines (meaning civil, monetary penalties) constituting a meaningful deterrent and through a requirement that compliance be demonstrated before a case can be closed;
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(F) Ensurance that evidence of testing is
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| available and checked for validity at the time of a new registration of a used vehicle or registration renewal;
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(G) Prevention of owners or lessors from avoiding
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| testing through manipulation of the title or registration system; title transfers may re-start the clock on the inspection cycle only if proof of current compliance is required at title transfer;
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(H) Prevention of the fraudulent initial
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| classification or reclassification of a vehicle from subject to non-subject or exempt by requiring proof of address changes prior to registration record modification, and documentation from the testing program (or delegate) certifying based on a physical inspection that the vehicle is exempt;
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(I) Limiting and tracking of the use of time
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| extensions of the registration requirement to prevent repeated extensions;
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(J) Providing for meaningful penalties for cases
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(K) Limiting and tracking exemptions to prevent
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| abuse of the exemption policy for vehicles claimed to be out-of-state; and
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(L) Encouraging enforcement of vehicle
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| registration transfer requirements when vehicle owners move into the affected counties by coordinating with local and State enforcement agencies and structuring other activities (e.g., driver's license issuance) to effect registration transfers.
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(2) The Agency shall cooperate in the enforcement of
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| this Chapter by providing the owner or owners of complying vehicles with a Compliance Certificate stating that the vehicle meets all applicable requirements of this Chapter.
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The Agency shall cooperate with the Secretary of
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| State in the administration of this Chapter and the related provisions of Chapter 3, and shall provide the Secretary of State with such information as the Secretary of State may deem necessary for these purposes, including regular and timely access to vehicle inspection records.
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The Secretary of State shall cooperate with the
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| Agency in the administration of this Chapter and shall provide the Agency with such information as the Agency may deem necessary for the purposes of this Chapter, including regular and timely access to vehicle registration records. Section 2-123 of this Code does not apply to the provision of this information.
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(3) Consistent with the requirements of Section
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| 13C-15, the Secretary of State shall not renew any vehicle registration for a subject vehicle that has not complied with this Chapter. Additionally, the Secretary of State shall not allow the issuance of a new registration nor allow the transfer of a registration to a subject vehicle that has not complied with this Chapter.
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(4) The Secretary of State shall suspend the
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| registration of any vehicle which has permanent vehicle registration plates or digital registration plates that has not complied with the requirements of this Chapter. A suspension under this paragraph (4) shall not be terminated until satisfactory proof of compliance has been submitted to the Secretary of State. No permanent vehicle registration plate or digital registration plate that has been suspended under this Section may be reinstated or renewed, or transferred by the owner to any other vehicle, until the suspension has been terminated.
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(Source: P.A. 101-395, eff. 8-16-19.)
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(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of vehicles.
(a) On Class III and non-designated State and local highways, the total
outside width of any vehicle or load thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient light or unfavorable
atmospheric conditions, persons and vehicles on the highway are not clearly
discernible at a distance of 1000 feet, the following vehicles may exceed
the 8 feet 6 inch limitation during the period from a half hour before
sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm |
| products provided that the load is not more than 12 feet wide.
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(2) Implements of husbandry being transported on
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| another vehicle and the transporting vehicle while loaded.
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The following requirements apply to the
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| transportation on another vehicle of an implement of husbandry wider than 8 feet 6 inches on the National System of Interstate and Defense Highways or other highways in the system of State highways:
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(A) The driver of a vehicle transporting an
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| implement of husbandry that exceeds 8 feet 6 inches in width shall obey all traffic laws and shall check the roadways prior to making a movement in order to ensure that adequate clearance is available for the movement. It is prima facie evidence that the driver of a vehicle transporting an implement of husbandry has failed to check the roadway prior to making a movement if the vehicle is involved in a collision with a bridge, overpass, fixed structure, or properly placed traffic control device or if the vehicle blocks traffic due to its inability to proceed because of a bridge, overpass, fixed structure, or properly placed traffic control device.
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(B) Flags shall be displayed so as to wave freely
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| at the extremities of overwidth objects and at the extreme ends of all protrusions, projections, and overhangs. All flags shall be clean, bright red flags with no advertising, wording, emblem, or insignia inscribed upon them and at least 18 inches square.
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(C) "OVERSIZE LOAD" signs are mandatory on the
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| front and rear of all vehicles with loads over 10 feet wide. These signs must have 12-inch high black letters with a 2-inch stroke on a yellow sign that is 7 feet wide by 18 inches high.
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(D) One civilian escort vehicle is required for a
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| load that exceeds 14 feet 6 inches in width and 2 civilian escort vehicles are required for a load that exceeds 16 feet in width on the National System of Interstate and Defense Highways or other highways in the system of State highways.
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(E) The requirements for a civilian escort
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| vehicle and driver are as follows:
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(1) The civilian escort vehicle shall be a
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| vehicle not exceeding a gross vehicle weight rating of 26,000 pounds that is designed to afford clear and unobstructed vision to both front and rear.
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(2) The escort vehicle driver must be
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| properly licensed to operate the vehicle.
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(3) While in use, the escort vehicle must be
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| equipped with illuminated rotating, oscillating, or flashing amber lights or flashing amber strobe lights mounted on top that are of sufficient intensity to be visible at 500 feet in normal sunlight.
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(4) "OVERSIZE LOAD" signs are mandatory on
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| all escort vehicles. The sign on an escort vehicle shall have 8-inch high black letters on a yellow sign that is 5 feet wide by 12 inches high.
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(5) When only one escort vehicle is required
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| and it is operating on a two-lane highway, the escort vehicle shall travel approximately 300 feet ahead of the load. The rotating, oscillating, or flashing lights or flashing amber strobe lights and an "OVERSIZE LOAD" sign shall be displayed on the escort vehicle and shall be visible from the front. When only one escort vehicle is required and it is operating on a multilane divided highway, the escort vehicle shall travel approximately 300 feet behind the load and the sign and lights shall be visible from the rear.
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(6) When 2 escort vehicles are required, one
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| escort shall travel approximately 300 feet ahead of the load and the second escort shall travel approximately 300 feet behind the load. The rotating, oscillating, or flashing lights or flashing amber strobe lights and an "OVERSIZE LOAD" sign shall be displayed on the escort vehicles and shall be visible from the front on the lead escort and from the rear on the trailing escort.
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(7) When traveling within the corporate
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| limits of a municipality, the escort vehicle shall maintain a reasonable and proper distance from the oversize load, consistent with existing traffic conditions.
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(8) A separate escort shall be provided for
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(9) The driver of an escort vehicle shall
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(10) The escort vehicle must be in safe
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(11) The driver of the escort vehicle must be
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| in radio contact with the driver of the vehicle carrying the oversize load.
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(F) A transport vehicle while under load of more
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| than 8 feet 6 inches in width must be equipped with an illuminated rotating, oscillating, or flashing amber light or lights or a flashing amber strobe light or lights mounted on the top of the cab that are of sufficient intensity to be visible at 500 feet in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating, or flashing amber light or lights or a flashing amber strobe light or lights mounted on the rear of the load that are of sufficient intensity to be visible at 500 feet in normal sunlight.
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(G) When a flashing amber light is required on
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| the transport vehicle under load and it is operating on a two-lane highway, the transport vehicle shall display to the rear at least one rotating, oscillating, or flashing light or a flashing amber strobe light and an "OVERSIZE LOAD" sign. When a flashing amber light is required on the transport vehicle under load and it is operating on a multilane divided highway, the sign and light shall be visible from the rear.
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(H) Maximum speed shall be 45 miles per hour on
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| all such moves or 5 miles per hour above the posted minimum speed limit, whichever is greater, but the vehicle shall not at any time exceed the posted maximum speed limit.
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(3) Portable buildings designed and used for
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| agricultural and livestock raising operations that are not more than 14 feet wide and with not more than a one-foot overhang along the left side of the hauling vehicle. However, the buildings shall not be transported more than 10 miles and not on any route that is part of the National System of Interstate and Defense Highways.
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All buildings when being transported shall display at least 2 red
cloth flags, not less than 12 inches square, mounted as high as practicable
on the left and right side of the building.
An Illinois State Police escort shall be required if it is necessary for this load
to use part of the left lane when crossing any 2-laned State highway bridge.
(c) Vehicles propelled by electric power obtained from overhead trolley
wires operated wholly within the corporate limits of a municipality are
also exempt from the width limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169, may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances
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| that extend 6 inches or less beyond either side of the body of the vehicle; and
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(2) the roadway on which the vehicle is traveling has
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| marked lanes for vehicular traffic that are at least 11 feet in width.
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As used in this subsection (d-1) and in subsection (d-2), the term appurtenance includes (i) a retracted awning and its support hardware and (ii) any appendage that is intended to be an integral part of a recreational vehicle.
(d-2) A recreational vehicle that exceeds 8 feet 6 inches in width as provided in subsection (d-1) may travel any roadway of the State if the vehicle is being operated between a roadway permitted under subsection (d-1) and:
(1) the location where the recreational vehicle is
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(2) the destination of the recreational vehicle; or
(3) a facility for food, fuel, repair, services, or
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(e) A vehicle and load traveling upon the National System of Interstate
and Defense Highways or any other highway in the system of State highways
that has been designated as a Class I or Class II highway by the
Department, or any street or highway designated by local authorities, may have a total outside width of 8 feet 6
inches, provided that certain safety devices that the Department
determines as necessary for the safe and efficient operation of motor
vehicles shall not be included in the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code may project up to 14 inches beyond each side of
a bus and up to 6 inches beyond each
side
of any other vehicle, and that projection shall not be deemed a
violation of the width restrictions of this Section.
(g) Any person who is convicted of violating this Section is subject to
the penalty as provided in paragraph (b) of Section 15-113.
(h) Safety devices identified by the Department in accordance with Section 12-812 shall not be deemed a violation of the width restrictions of this Section.
(Source: P.A. 102-441, eff. 1-1-22; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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(625 ILCS 5/15-107)
(from Ch. 95 1/2, par. 15-107)
Sec. 15-107. Length of vehicles.
(a) The maximum length of a single vehicle on any highway of this State
may not exceed 42 feet except the following:
(1) Semitrailers.
(2) Charter or regulated route buses may be up to 45 |
| feet in length, not including energy absorbing bumpers.
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(a-1) A motor home as defined in Section 1-145.01 may be up to 45 feet
in length, not including energy absorbing bumpers. The length limitations
described in this subsection (a-1) shall be exclusive of energy-absorbing
bumpers and rear view mirrors.
(b) (Blank).
(c) Except as provided in subsections (c-1) and (c-2), combinations of vehicles may not exceed a total of 2 vehicles except
the
following:
(1) A truck tractor semitrailer may draw one trailer.
(2) A truck tractor semitrailer may draw one
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| converter dolly or one semitrailer.
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(3) A truck tractor semitrailer may draw one vehicle
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| that is defined in Chapter 1 as special mobile equipment, provided the overall dimension does not exceed 60 feet.
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(4) A truck in transit may draw 3 trucks in transit
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| coupled together by the triple saddlemount method.
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(5) Recreational vehicles consisting of 3 vehicles,
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(A) The total overall dimension does not exceed
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(B) The towing vehicle is a properly registered
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| vehicle capable of towing another vehicle using a fifth-wheel type assembly.
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(C) The second vehicle in the combination of
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| vehicles is a recreational vehicle that is towed by a fifth-wheel assembly. This vehicle must be properly registered and must be equipped with brakes, regardless of weight.
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(D) The third vehicle must be the lightest of the
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| 3 vehicles and be a trailer or semitrailer designed or used for transporting a boat, all-terrain vehicle, personal watercraft, or motorcycle.
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(E) The towed vehicles may be only for the use of
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| the operator of the towing vehicle.
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(F) All vehicles must be properly equipped with
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| operating brakes and safety equipment required by this Code, except the additional brake requirement in subdivision (C) of this subparagraph (5).
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(6) A tow truck in combination with a disabled
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| vehicle or combination of disabled vehicles, provided the towing vehicle:
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(A) Is specifically designed as a tow truck
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| having a gross vehicle weight rating of at least 18,000 pounds and equipped with air brakes, provided that air brakes are required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with air brakes. For the purpose of this subsection, gross vehicle weight rating, or GVWR, means the value specified by the manufacturer as the loaded weight of the tow truck.
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(B) Is equipped with flashing, rotating, or
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| oscillating amber lights, visible for at least 500 feet in all directions.
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(C) Is capable of utilizing the lighting and
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| braking systems of the disabled vehicle or combination of vehicles.
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(D) Does not engage a tow exceeding 50 highway
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| miles from the initial point of wreck or disablement to a place of repair. Any additional movement of the vehicles may occur only upon issuance of authorization for that movement under the provisions of Sections 15-301 through 15-318 of this Code.
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The Department may by rule or regulation prescribe
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| additional requirements regarding length limitations for a tow truck towing another vehicle.
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For purposes of this Section, a tow-dolly that merely
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| serves as substitute wheels for another legally licensed vehicle is considered part of the licensed vehicle and not a separate vehicle.
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(7) Commercial vehicles consisting of 3 vehicles,
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(A) The total overall dimension does not exceed
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(B) The towing vehicle is a properly registered
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| vehicle capable of towing another vehicle using a fifth-wheel type assembly or a goose-neck hitch ball.
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(C) The third vehicle must be the lightest of the
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| 3 vehicles and be a trailer or semitrailer.
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(D) All vehicles must be properly equipped with
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| operating brakes and safety equipment required by this Code.
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(E) The combination of vehicles must be operated
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| by a person who holds a commercial driver's license (CDL).
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(F) The combination of vehicles must be en route
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| to a location where new or used trailers are sold by an Illinois or out-of-state licensed new or used trailer dealer.
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(c-1) A combination of 3 vehicles is allowed access to any State designated highway if:
(1) the length of neither towed vehicle exceeds 28.5
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(2) the overall wheel base of the combination of
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| vehicles does not exceed 62 feet; and
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(3) the combination of vehicles is en route to a
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| location where new or used trailers are sold by an Illinois or out-of-state licensed new or used trailer dealer.
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(c-2) A combination of 3 vehicles is allowed access from any State designated highway onto any county, township, or municipal highway for a distance of 5 highway miles for the purpose of delivery or collection of one or both of the towed vehicles if:
(1) the length of neither towed vehicle exceeds 28.5
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(2) the combination of vehicles does not exceed
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| 40,000 pounds in gross weight and 8 feet 6 inches in width;
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(3) there is no sign prohibiting that access;
(4) the route is not being used as a thoroughfare
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| between State designated highways; and
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(5) the combination of vehicles is en route to a
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| location where new or used trailers are sold by an Illinois or out-of-state licensed new or used trailer dealer.
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(d) On Class I highways there are no overall length limitations on motor
vehicles
operating in combinations provided:
(1) The length of a semitrailer, unladen or with
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| load, in combination with a truck tractor may not exceed 53 feet.
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(2) The distance between the kingpin and the center
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| of the rear axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 45 feet 6 inches. The limit contained in this paragraph (2) shall not apply to trailers or semi-trailers used for the transport of livestock as defined by Section 18b-101.
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(3) The length of a semitrailer or trailer, unladen
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| or with load, operated in a truck tractor-semitrailer-trailer or truck tractor semitrailer-semitrailer combination, may not exceed 28 feet 6 inches.
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(4) Maxi-cube combinations, as defined in Chapter 1,
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| may not exceed 65 feet overall dimension.
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(5) Combinations of vehicles specifically designed to
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| transport motor vehicles or boats may not exceed 65 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
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(6) Stinger-steered semitrailer vehicles specifically
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| designed to transport motor vehicles or boats and automobile transporters, as defined in Chapter 1, may not exceed 80 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
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(7) A truck in transit transporting 3 trucks coupled
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| together by the triple saddlemount method may not exceed 97 feet overall dimension.
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(8) A towaway trailer transporter combination may not
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| exceed 82 feet overall dimension.
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Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New
Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
The length limitations described in this paragraph (d) shall be exclusive
of safety and energy conservation devices,
such as bumpers, refrigeration
units or air compressors and other devices, that the Department may interpret
as necessary for safe and efficient
operation; except that no device excluded under this paragraph shall have by
its design or use the capability to carry cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (d).
(e) On Class II highways there are no overall length limitations on motor
vehicles
operating in combinations, provided:
(1) The length of a semitrailer, unladen or with
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| load, in combination with a truck tractor, may not exceed 53 feet overall dimension.
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(2) The distance between the kingpin and the center
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| of the rear axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 45 feet 6 inches. The limit contained in this paragraph (2) shall not apply to trailers or semi-trailers used for the transport of livestock as defined by Section 18b-101.
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(3) A truck tractor-semitrailer-trailer or truck
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| tractor semitrailer-semitrailer combination may not exceed 65 feet in dimension from front axle to rear axle.
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(4) The length of a semitrailer or trailer, unladen
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| or with load, operated in a truck tractor-semitrailer-trailer or truck tractor semitrailer-semitrailer combination, may not exceed 28 feet 6 inches.
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(5) Maxi-cube combinations, as defined in Chapter 1,
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| may not exceed 65 feet overall dimension.
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(6) A combination of vehicles, specifically designed
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| to transport motor vehicles or boats, may not exceed 65 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
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(7) Stinger-steered semitrailer vehicles specifically
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| designed to transport motor vehicles or boats may not exceed 80 feet overall dimension. The length limitation is inclusive of front and rear bumpers but exclusive of the overhang of the transported vehicles, as provided in paragraph (i) of this Section.
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(8) A truck in transit transporting 3 trucks coupled
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| together by the triple saddlemount method may not exceed 97 feet overall dimension.
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(9) A towaway trailer transporter combination may not
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| exceed 82 feet overall dimension.
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Vehicles operating during daylight hours when transporting poles, pipes,
machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled
are exempt from length limitations, provided that no object may
exceed 80 feet in length and the overall dimension of the vehicle including the
load
may not exceed 100 feet. This exemption does not apply to operation on a
Saturday, Sunday, or legal holiday. Legal holidays referred to in this Section
are
the days on which the following traditional holidays are celebrated: New Year's
Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and
Christmas Day.
Vehicles and loads operated by a public utility while en route to make
emergency repairs to public service facilities or properties are exempt from
length
limitations, provided that during night operations every vehicle and its load
must
be equipped with a sufficient number of clearance lamps on both sides and
marker lamps on the extreme ends of any projecting load to clearly mark the
dimensions of the load.
A tow truck in combination with a disabled vehicle or combination of
disabled vehicles, as provided in paragraph (6) of subsection (c) of this
Section, is
exempt from length limitations.
Local authorities, with respect to
streets and highways under their jurisdiction, may also by ordinance or
resolution allow length limitations of this subsection (e).
The length limitations described in this paragraph (e) shall be exclusive
of safety and energy conservation devices, such as bumpers, refrigeration units
or air compressors and other devices, that the Department may interpret as
necessary for safe and efficient operation; except that no device excluded
under this paragraph shall have by its design or use the capability to carry
cargo.
Section 5-35 of the Illinois Administrative Procedure Act relating to
procedures for rulemaking shall not apply to the designation of highways under
this paragraph (e).
(e-1) (Blank).
(e-2) Except as provided in subsection (e-3), combinations of vehicles over
65
feet in length, with no overall length
limitation except as provided in subsections (d) and (e) of this Section, are
allowed access as follows:
(1) From a Class I highway onto any street or highway
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| for a distance of one highway mile for the purpose of loading, unloading, food, fuel, repairs, and rest, provided there is no sign prohibiting that access.
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(2) From a Class I or Class II highway onto any
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| non-designated highway for a distance of 5 highway miles for the purpose of loading, unloading, food, fuel, repairs, and rest if:
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(A) there is no sign prohibiting that access; and
(B) the route is not being used as a thoroughfare
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| between Class I or Class II highways.
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(e-3) Combinations of vehicles over 65 feet in length operated by household
goods carriers or towaway trailer transporter combinations, with no overall length limitations except as provided in
subsections (d) and (e) of this Section, have unlimited access to points of
loading,
unloading, or delivery to or from a manufacturer, distributor, or dealer.
(f) On non-designated highways, the maximum length
limitations
for vehicles in combination are as follows:
(1) A truck tractor in combination with a semitrailer
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| may not exceed 65 feet overall dimension. An agency or instrumentality of the State or any unit of local government shall not be required to design or construct a new non-designated highway or to widen or otherwise alter a non-designated highway to accommodate truck tractor-semitrailer combinations under this paragraph (1).
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(2) Semitrailers, unladen or with load, may not
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| exceed 53 feet overall dimension.
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|
(3) A truck tractor-semitrailer-trailer or truck
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| tractor semitrailer-semitrailer may not exceed 60 feet overall dimension.
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(4) The distance between the kingpin and the center
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| axle of a semitrailer longer than 48 feet, in combination with a truck tractor, may not exceed 42 feet 6 inches. The limit contained in this paragraph (4) shall not apply to trailers or semi-trailers used for the transport of livestock as defined by Section 18b-101.
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(g) Length limitations in the preceding subsections of this Section 15-107
do not apply to the following:
(1) Vehicles operated in the daytime, except on
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| Saturdays, Sundays, or legal holidays, when transporting poles, pipe, machinery, or other objects of a structural nature that cannot readily be dismantled or disassembled, provided the overall length of vehicle and load may not exceed 100 feet and no object exceeding 80 feet in length may be transported unless a permit has been obtained as authorized in Section 15-301. As used in this Section, "legal holiday" means any of the following days: New Year's Day; Memorial Day; Independence Day; Labor Day; Thanksgiving Day; and Christmas Day.
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|
(2) Vehicles and loads operated by a public utility
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| while en route to make emergency repairs to public service facilities or properties, but during night operation every vehicle and its load must be equipped with a sufficient number of clearance lamps on both sides and marker lamps upon the extreme ends of any projecting load to clearly mark the dimensions of the load.
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|
(3) A tow truck in combination with a disabled
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| vehicle or combination of disabled vehicles, as provided in paragraph (6) of subsection (c) of this Section, is exempt from length limitations.
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|
The towing vehicle, however, may tow any disabled vehicle from the initial
point of wreck or disablement to a point where repairs are actually to occur.
This movement shall be valid only on State routes.
The tower must abide by posted bridge weight limits.
All other combinations not listed in this subsection (f) may not exceed 60 feet overall dimension.
(h) The load upon any vehicle operated alone, or the load upon the
front vehicle of a combination of vehicles, shall not extend more than 3
feet beyond the front wheels of the vehicle or the front bumper of the
vehicle if it is equipped with a front bumper.
The provisions of this subsection (h) shall not apply to any vehicle or
combination of vehicles specifically designed for the collection and
transportation of waste, garbage, or recyclable materials during the vehicle's
operation in the course of collecting
garbage, waste, or
recyclable materials if the vehicle is traveling at a speed not in
excess of
15 miles per hour during the vehicle's operation and in the course of
collecting garbage, waste, or recyclable materials. However, in no instance
shall the load extend more than 7 feet beyond the front wheels of the vehicle
or the front bumper of the vehicle if it is equipped with a front bumper.
(i) The load upon the front vehicle of an automobile transporter or a stinger-steered vehicle
specifically designed to transport motor vehicles shall not extend more
than 4 feet beyond the foremost part of the transporting vehicle and the
load upon the rear transporting vehicle shall not extend more than 6 feet
beyond the rear of the bed or body of the vehicle. This paragraph shall
only be applicable upon highways designated in paragraphs (d) and (e) of
this Section.
(j) Articulated vehicles comprised of 2 sections, neither of which
exceeds a length of 42 feet, designed for the carrying of more than 10
persons, may be up to 60 feet in length, not including energy absorbing
bumpers, provided that the vehicles are:
1. operated by or for any public body or motor
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| carrier authorized by law to provide public transportation services; or
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2. operated in local public transportation service by
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| any other person and the municipality in which the service is to be provided approved the operation of the vehicle.
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(j-1) (Blank).
(k) Any person who is convicted of violating this Section is subject
to the penalty as provided in paragraph (b) of Section 15-113.
(l) (Blank).
(Source: P.A. 102-124, eff. 7-23-21; 103-258, eff. 1-1-24 .)
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(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles
with pneumatic tires may be operated, unladen or with load,
when the total weight on the road surface
exceeds the following: 20,000 pounds on a single axle; 34,000 pounds on a tandem axle with
no axle within the tandem exceeding 20,000 pounds; 80,000
pounds gross weight for vehicle combinations of 5 or more axles;
or a total weight on a group of 2 or more consecutive axles in excess of that
weight produced by the application of the following formula: W = 500 times the
sum of (LN divided by N-1) + 12N + 36, where "W" equals overall total weight on
any group of 2 or more consecutive axles to the nearest 500 pounds, "L" equals
the
distance measured to the nearest foot between extremes of any group of 2 or
more consecutive axles, and "N" equals the number of axles in the group under
consideration.
The above formula when expressed in tabular form results in allowable loads
as follows:
Distance measured to the nearest foot between the extremes of any Maximum weight in pounds group of 2 or of any group of more consecutive 2 or more consecutive axles axles
|
feet |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
4 |
34,000 |
| | | |
5 |
34,000 |
| | | |
6 |
34,000 |
| | | |
7 |
34,000 |
| | | |
8
|
34,000* |
34,000 |
| | | Between 8 | | | | | | and 9 | 38,000 | 42,000 | | | |
9 |
39,000 |
42,500 |
| | |
10 |
40,000 |
43,500 |
| | |
11 |
|
44,000 |
| | |
12 |
|
45,000 |
50,000 |
| |
13 |
|
45,500 |
50,500 |
| |
14 |
|
46,500 |
51,500 |
| |
15 |
|
47,000 |
52,000 |
| |
16 |
|
48,000 |
52,500 |
58,000 |
|
17 |
|
48,500 |
53,500 |
58,500 |
|
18 |
|
49,500 |
54,000 |
59,000 |
|
19 |
|
50,000 |
54,500 |
60,000 |
|
20 |
|
51,000 |
55,500 |
60,500 |
66,000 |
21 |
|
51,500 |
56,000 |
61,000 |
66,500 |
22 |
|
52,500 |
56,500 |
61,500 |
67,000 |
23 |
|
53,000 |
57,500 |
62,500 |
68,000 |
24 |
|
54,000 |
58,000 |
63,000 |
68,500 |
25 |
|
54,500 |
58,500 |
63,500 |
69,000 |
26 |
|
55,500 |
59,500 |
64,000 |
69,500 |
27 |
|
56,000 |
60,000 |
65,000 |
70,000 |
28 |
|
57,000 |
60,500 |
65,500 |
71,000 |
29 |
|
57,500 |
61,500 |
66,000 |
71,500 |
30 |
|
58,500 |
62,000 |
66,500 |
72,000 |
31 |
|
59,000 |
62,500 |
67,500 |
72,500 |
32 |
|
60,000 |
63,500 |
68,000 |
73,000 |
33 |
|
|
64,000 |
68,500 |
74,000 |
34 |
|
|
64,500 |
69,000 |
74,500 |
35 |
|
|
65,500 |
70,000 |
75,000 |
36 |
|
|
66,000** |
70,500 |
75,500 |
37 |
|
|
66,500** |
71,000 |
76,000 |
38 |
|
|
67,500** |
72,000 |
77,000 |
39 |
|
|
68,000 |
72,500 |
77,500 |
40 |
|
|
68,500 |
73,000 |
78,000 |
41 |
|
|
69,500 |
73,500 |
78,500 |
42 |
|
|
70,000 |
74,000 |
79,000 |
43 |
|
|
70,500 |
75,000 |
80,000 |
44 |
|
|
71,500 |
75,500 |
|
45 |
|
|
72,000 |
76,000 |
|
46 |
|
|
72,500 |
76,500 |
|
47 |
|
|
73,500 |
77,500 |
|
48 |
|
|
74,000 |
78,000 |
|
49 |
|
|
74,500 |
78,500 |
|
50 |
|
|
75,500 |
79,000 |
|
51 |
|
|
76,000 |
80,000 |
|
52 |
|
|
76,500 |
| |
53 |
|
|
77,500 |
| |
54 |
|
|
78,000 |
| |
55 |
|
|
78,500 |
| |
56 |
|
|
79,500 |
| |
57 |
|
|
80,000 |
| |
|
*If the distance between 2 axles is 96 inches or less, the 2 axles are
tandem axles and the maximum total weight may not exceed 34,000 pounds,
notwithstanding the higher limit resulting from the application of the formula.
**Two consecutive sets of tandem axles may carry 34,000 pounds each if the overall distance between the first and last axles of these tandems is 36 feet or more.
Vehicles not in a combination having more than 4 axles may not exceed the
weight in the table in this subsection (a) for 4 axles measured between the
extreme axles of the
vehicle.
Vehicles in a combination having more than 6 axles may not exceed the weight
in the table in this subsection (a) for 6 axles measured between the extreme
axles of the
combination.
Local authorities, with respect
to streets and highways under their jurisdiction, without additional
fees, may also by ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle shall not exceed
20,000 pounds and the maximum total weight on any tandem axle
shall not exceed
34,000 pounds, on designated highways when appropriate regulatory signs giving
notice are erected upon the street or highway or portion of any street or
highway affected by the ordinance or resolution.
The following are exceptions to the above formula:
(1) Vehicles for which a different limit is
|
| established and posted in accordance with Section 15-316 of this Code.
|
|
(2) Vehicles for which the Department of
|
| Transportation and local authorities issue overweight permits under authority of Section 15-301 of this Code. These vehicles are not subject to the bridge formula.
|
|
(3) Cities having a population of more than 50,000
|
| may permit by ordinance axle loads on 2-axle motor vehicles 33 1/2% above those provided for herein, but the increase shall not become effective until the city has officially notified the Department of the passage of the ordinance and shall not apply to those vehicles when outside of the limits of the city, nor shall the gross weight of any 2-axle motor vehicle operating over any street of the city exceed 40,000 pounds.
|
|
(4) Weight limitations shall not apply to vehicles
|
| (including loads) operated by a public utility when transporting equipment required for emergency repair of public utility facilities or properties or water wells.
|
|
(4.5) A 3-axle or 4-axle vehicle (including when
|
| laden) operated or hired by a municipality within Cook, Lake, McHenry, Kane, DuPage, or Will county being operated for the purpose of performing emergency sewer repair that would be subject to a weight limitation less than 66,000 pounds under the formula in this subsection (a) shall have a weight limitation of 66,000 pounds or the vehicle's gross vehicle weight rating, whichever is less. This paragraph (4.5) does not apply to vehicles being operated on the National System of Interstate and Defense Highways, or to vehicles being operated on bridges or other elevated structures constituting a part of a highway.
|
|
(5) Two consecutive sets of tandem axles may carry a
|
| total weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more, notwithstanding the lower limit resulting from the application of the above formula.
|
|
(6) A truck, not in combination and used exclusively
|
| for the collection of rendering materials, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle.
|
|
(7) A truck not in combination, equipped with a self
|
| compactor or an industrial roll-off hoist and roll-off container, used exclusively for garbage, refuse, or recycling operations, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 40,000 pounds gross weight on a 2-axle vehicle; 54,000 pounds gross weight on a 3-axle vehicle. This vehicle is not subject to the bridge formula.
|
|
(7.5) A 3-axle rear discharge truck mixer registered
|
| as a Special Hauling Vehicle, used exclusively for the mixing and transportation of concrete in the plastic state, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on single axle; 40,000 pounds on a tandem axle; 54,000 pounds gross weight on a 3-axle vehicle. This vehicle is not subject to the bridge formula.
|
|
(8) Except as provided in paragraph (7.5) of this
|
| subsection (a), tandem axles on a 3-axle truck registered as a Special Hauling Vehicle, manufactured prior to or in the model year of 2024 and first registered in Illinois prior to January 1, 2025, with a distance greater than 72 inches but not more than 96 inches between any series of 2 axles, is allowed a combined weight on the series not to exceed 36,000 pounds and neither axle of the series may exceed 20,000 pounds. Any vehicle of this type manufactured after the model year of 2024 or first registered in Illinois after December 31, 2024 may not exceed a combined weight of 34,000 pounds through the series of 2 axles and neither axle of the series may exceed 20,000 pounds.
|
|
A 3-axle combination sewer cleaning jetting vacuum
|
| truck registered as a Special Hauling Vehicle, used exclusively for the transportation of non-hazardous solid waste, manufactured before or in the model year of 2014, first registered in Illinois before January 1, 2015, may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 54,000 pounds gross weight on a 3-axle vehicle. This vehicle is not subject to the bridge formula.
|
|
(9) A 4-axle truck mixer registered as a Special
|
| Hauling Vehicle, used exclusively for the mixing and transportation of concrete in the plastic state, and not operated on a highway that is part of the National System of Interstate Highways, is allowed the following maximum weights: 20,000 pounds on any single axle; 36,000 pounds on a series of axles greater than 72 inches but not more than 96 inches; and 34,000 pounds on any series of 2 axles greater than 40 inches but not more than 72 inches. The gross weight of this vehicle may not exceed the weights allowed by the bridge formula for 4 axles. The bridge formula does not apply to any series of 3 axles while the vehicle is transporting concrete in the plastic state, but no axle or tandem axle of the series may exceed the maximum weight permitted under this paragraph (9) of subsection (a).
|
|
(10) Combinations of vehicles, registered as Special
|
| Hauling Vehicles that include a semitrailer manufactured prior to or in the model year of 2024, and registered in Illinois prior to January 1, 2025, having 5 axles with a distance of 42 feet or less between extreme axles, may not exceed the following maximum weights: 20,000 pounds on a single axle; 34,000 pounds on a tandem axle; and 72,000 pounds gross weight. This combination of vehicles is not subject to the bridge formula. For all those combinations of vehicles that include a semitrailer manufactured after the effective date of P.A. 92-0417, the overall distance between the first and last axles of the 2 sets of tandems must be 18 feet 6 inches or more. Any combination of vehicles that has had its cargo container replaced in its entirety after December 31, 2024 may not exceed the weights allowed by the bridge formula.
|
|
(11) The maximum weight allowed on a vehicle with
|
| crawler type tracks is 40,000 pounds.
|
|
(12) A combination of vehicles, including a tow truck
|
| and a disabled vehicle or disabled combination of vehicles, that exceeds the weight restriction imposed by this Code, may be operated on a public highway in this State provided that neither the disabled vehicle nor any vehicle being towed nor the tow truck itself shall exceed the weight limitations permitted under this Chapter. During the towing operation, neither the tow truck nor the vehicle combination shall exceed 24,000 pounds on a single rear axle and 44,000 pounds on a tandem rear axle, provided the towing vehicle:
|
|
(i) is specifically designed as a tow truck
|
| having a gross vehicle weight rating of at least 18,000 pounds and is equipped with air brakes, provided that air brakes are required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with air brakes;
|
|
(ii) is equipped with flashing, rotating, or
|
| oscillating amber lights, visible for at least 500 feet in all directions;
|
|
(iii) is capable of utilizing the lighting and
|
| braking systems of the disabled vehicle or combination of vehicles; and
|
|
(iv) does not engage in a tow exceeding 20 miles
|
| from the initial point of wreck or disablement. Any additional movement of the vehicles may occur only upon issuance of authorization for that movement under the provisions of Sections 15-301 through 15-318 of this Code. The towing vehicle, however, may tow any disabled vehicle to a point where repairs are actually to occur. This movement shall be valid only on State routes. The tower must abide by posted bridge weight limits.
|
|
(12.5) The vehicle weight limitations in this Section
|
| do not apply to a covered heavy duty tow and recovery vehicle. The covered heavy duty tow and recovery vehicle license plate must cover the operating empty weight of the covered heavy duty tow and recovery vehicle only.
|
|
(13) Upon and during a declaration of an emergency
|
| propane supply disaster by the Governor under Section 7 of the Illinois Emergency Management Agency Act:
|
|
(i) a truck not in combination, equipped with a
|
| cargo tank, used exclusively for the transportation of propane or liquefied petroleum gas may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 40,000 pounds gross weight on a 2-axle vehicle; 54,000 pounds gross weight on a 3-axle vehicle; and
|
|
(ii) a truck when in combination with a trailer
|
| equipped with a cargo tank used exclusively for the transportation of propane or liquefied petroleum gas may, when laden, transmit upon the road surface, except when on part of the National System of Interstate and Defense Highways, the following maximum weights: 22,000 pounds on a single axle; 40,000 pounds on a tandem axle; 90,000 pounds gross weight on a 5-axle or 6-axle vehicle.
|
|
Vehicles operating under this paragraph (13) are not
|
| subject to the bridge formula.
|
|
(14) A vehicle or combination of vehicles that
|
| uses natural gas or propane gas as a motor fuel may exceed the above weight limitations by up to 2,000 pounds, the total allowance is calculated by an amount that is equal to the difference between the weight of the vehicle attributable to the natural gas or propane gas tank and fueling system carried by the vehicle, and the weight of a comparable diesel tank and fueling system. This paragraph (14) shall not allow a vehicle to exceed any posted weight limit on a highway or structure.
|
|
(15) An emergency vehicle or fire apparatus that is a
|
| vehicle designed to be used under emergency conditions to transport personnel and equipment, and used to support the suppression of fires and mitigation of other hazardous situations on a Class I highway, may not exceed 86,000 pounds gross weight, or any of the following weight allowances:
|
|
(i) 24,000 pounds on a single steering axle;
(ii) 33,500 pounds on a single drive axle;
(iii) 62,000 pounds on a tandem axle; or
(iv) 52,000 pounds on a tandem rear drive steer
|
|
(16) A bus, motor coach, or recreational vehicle may
|
| carry a total weight of 24,000 pounds on a single axle, but may not exceed other weight provisions of this Section.
|
|
Gross weight limits shall not apply to the combination of the tow truck
and vehicles being towed. The tow truck license plate must cover the
operating empty weight of the tow truck only. The weight
of each vehicle being towed shall be covered by a valid license plate issued to
the owner or operator of the vehicle being towed and displayed on that vehicle.
If no valid plate issued to the owner or operator of that vehicle is displayed
on that vehicle, or the plate displayed on that vehicle does not cover the
weight of the vehicle, the weight of the vehicle shall be covered by
the third tow truck plate issued to the owner or operator of the tow truck and
temporarily affixed to the vehicle being towed. If a roll-back carrier is registered and being used as a tow truck, however, the license plate or plates for the tow truck must cover the gross vehicle weight, including any load carried on the bed of the roll-back carrier.
The Department may by rule or regulation prescribe additional requirements.
However, nothing in this Code shall prohibit a tow truck under
instructions of a police officer from legally clearing a disabled vehicle,
that may be in violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway.
If in the opinion of the police officer that location is unsafe, the officer
is authorized to have the disabled vehicle towed to the nearest place of
safety.
For the purpose of this subsection, gross vehicle weight rating, or
GVWR, means the value specified by the manufacturer as the loaded
weight of the tow truck.
(b) As used in this Section, "recycling haul" or "recycling operation" means the hauling of non-hazardous, non-special, non-putrescible materials, such as paper, glass, cans, or plastic, for subsequent use in the secondary materials market.
(c) No vehicle or combination of vehicles equipped with pneumatic tires
shall be operated, unladen or with load, upon the highways of this State in
violation of the provisions of any permit issued under the provisions of
Sections 15-301 through 15-318 of this Chapter.
(d) No vehicle or combination of vehicles equipped with other than pneumatic
tires may be operated, unladen or with load, upon the highways of this State
when the gross weight on the road surface through any wheel exceeds 800
pounds per inch width of tire tread or when the gross weight on the road
surface through any axle exceeds 16,000 pounds.
(e) No person shall operate a vehicle or combination of vehicles over
a bridge or other elevated structure constituting part of a highway with a
gross weight that is greater than the maximum weight permitted by the
Department, when the structure is sign posted as provided in this Section.
(f) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
the structure cannot with safety to itself withstand the weight of vehicles
otherwise permissible under this Code the Department shall determine and
declare the maximum weight of vehicles that the structures can withstand,
and shall cause or permit suitable signs stating maximum weight to be
erected and maintained before each end of the structure. No person shall
operate a vehicle or combination of vehicles over any structure with a
gross weight that is greater than the posted maximum weight.
(g) Upon the trial of any person charged with a violation of subsection
(e) or (f) of this Section, proof of the determination of the maximum
allowable weight by the Department and the existence of the signs,
constitutes conclusive evidence of the maximum weight that can be
maintained with safety to the bridge or structure.
(Source: P.A. 102-124, eff. 7-23-21.)
|
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its jurisdiction
and local authorities with respect to highways under their jurisdiction
may, in their discretion, upon application and good cause being shown
therefor, issue a special permit authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this Code or otherwise not in
conformity with this Code upon any highway under the jurisdiction of the
party granting such permit and for the maintenance of which the party is
responsible. Applications and permits other than those in written or
printed form may only be accepted from and issued to the company or
individual making the movement. Except for an application to move directly
across a highway, it shall be the duty of the applicant to establish in the
application that the load to be moved by such vehicle or combination cannot reasonably be
dismantled or
disassembled, the reasonableness of which shall be determined by the Secretary of the Department. For the purpose of
over length movements,
more than one object may be carried side by side as long as the height, width,
and weight laws are not exceeded and the cause for the over length is not due
to multiple objects. For the purpose of over height movements, more than one
object may be carried as long as the cause for the over height is not due to
multiple objects and the length, width, and weight laws are not exceeded. For
the purpose of an over width movement, more than one object may be carried as
long as the cause for the over width is not due to multiple objects and length,
height, and weight laws are not exceeded. Except for transporting fluid milk products, no State or local agency shall
authorize the issuance of excess size or weight permits for vehicles and loads
that are divisible and that can be carried, when divided, within the existing
size or weight maximums specified in this Chapter. Any excess size or weight
permit issued in violation of the provisions of this Section shall be void at
issue and any movement made thereunder shall not be authorized under the terms
of the void permit. In any prosecution for a violation of this Chapter when
the authorization of an excess size or weight permit is at issue, it is the
burden of the defendant to establish that the permit was valid because the load
to be moved could not reasonably be dismantled or disassembled, or was
otherwise nondivisible.
(a-1) As used in this Section, "extreme heavy duty tow and recovery vehicle" means a tow truck manufactured as a unit having a lifting capacity of not less than 50 tons, and having either 4 axles and an unladen weight of not more than 80,000 pounds or 5 axles and an unladen weight not more than 90,000 pounds. Notwithstanding otherwise applicable gross and axle weight limits, an extreme heavy duty tow and recovery vehicle may lawfully travel to and from the scene of a disablement and clear a disabled vehicle if the towing service has obtained an extreme heavy duty tow and recovery permit for the vehicle. The form and content of the permit shall be determined by the Department with respect to highways under its jurisdiction and by local authorities with respect to highways under their jurisdiction. (b) The application for any such permit shall: (1) state whether
such permit is requested for a single trip or for limited continuous
operation; (2) (blank); (3) specifically describe and identify the vehicle or
vehicles and load to be operated or moved; (4) state the
routing requested, including the points of origin and destination, and may
identify and include a request for routing to the nearest certified scale
in accordance with the Department's rules and regulations, provided the
applicant has approval to travel on local roads; and (5) (blank).
(c) The Department or local authority when not inconsistent with
traffic safety is authorized to issue or withhold such permit at its
discretion; or, if such permit is issued at its discretion to prescribe
the route or routes to be traveled, to limit the number of trips, to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or otherwise to
limit or prescribe conditions of operations of such vehicle or vehicles,
when necessary to assure against undue damage to the road foundations,
surfaces or structures, and may require such undertaking or other
security as may be deemed necessary to compensate for any injury to any
roadway or road structure. The Department shall maintain a daily record of
each permit issued along with the fee and the stipulated dimensions,
weights, conditions, and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The Department shall
install an automatic device for recording telephone conversations involving permit applications. The Department and
applicant waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from any local
authority, issue an annual permit authorizing the local authority to
move oversize highway construction, transportation, utility, and maintenance
equipment over roads under the jurisdiction of the Department. The permit
shall be applicable only to equipment and vehicles owned by or registered
in the name of the local authority, and no fee shall be charged for the
issuance of such permits.
(e) As an exception to subsection (a) of this Section, the Department
and local authorities, with respect to highways under their respective
jurisdictions, in their discretion and upon application in writing, may
issue a special permit for limited continuous operation, authorizing the
applicant to move loads of agricultural commodities on a 2-axle single
vehicle registered by the Secretary of State with axle loads not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle vehicle registered by the
Secretary of State not to exceed 10% above those provided in Section 15-111. The total gross weight of the vehicle, however,
may not exceed the maximum gross weight of the registration class of the vehicle allowed under Section 3-815 or 3-818 of this Code. As used in this Section, "agricultural commodities"
means: (1) cultivated plants or agricultural produce grown, |
| including, but not limited to, corn, soybeans, wheat, oats, grain sorghum, canola, and rice;
|
|
(2) livestock, including, but not limited to, hogs,
|
| equine, sheep, and poultry;
|
|
(3) ensilage; and
(4) fruits and vegetables.
Permits may be issued for a
period not to exceed 40 days and moves may be made of a distance not to
exceed 50 miles from a field, an on-farm grain storage facility, a warehouse as defined in the Grain Code, or a livestock management facility as defined in the Livestock Management Facilities Act over any
highway except the National System of Interstate and Defense Highways. The operator of the vehicle,
however, must abide by posted bridge and posted highway weight limits. All implements of husbandry operating under this Section between sunset and sunrise shall be equipped as prescribed in Section 12-205.1.
(e-1) A special permit shall be issued by the Department under this Section and shall
be required from September 1 through December 31 for a vehicle that exceeds the maximum axle weight and gross weight limits under Section 15-111 of this Code or exceeds the vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits under Section 15-111 of this Code and does not exceed the vehicle's registered gross weight by 10%. All other restrictions that apply to permits issued under this Section shall apply during the declared time period and no fee shall be charged for the issuance of those permits. Permits issued by the Department under this subsection (e-1) are only valid on federal and State highways under the jurisdiction of the Department, except interstate highways. With
respect to highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit requirements and set a divisible load weight limit not to exceed 10% above a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits specified in Section 15-111. Permits issued under this subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including vehicles used in private or for-hire movement of divisible load agricultural commodities during the declared time period.
(f) The form and content of the permit shall be determined by the
Department with respect to highways under its jurisdiction and by local
authorities with respect to highways under their jurisdiction. Every permit
shall be in written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection by any
police officer or authorized agent of any authority granting the permit
and no person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the permit
shall not be deemed a revocation of the permit; however, any vehicle and load
found to be off the route prescribed in the permit shall be held to be
operating without a permit. Any off-route vehicle and load shall be required
to obtain a new permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor anything herein,
shall be construed to authorize any police officer, court, or authorized agent
of any authority granting the permit to remove the permit from the possession
of the permittee unless the permittee is charged with a fraudulent permit
violation as provided in subsection (i). However, upon arrest for an offense of
violation of permit, operating without a permit when the vehicle is off route,
or any size or weight offense under this Chapter when the permittee plans to
raise the issuance of the permit as a defense, the permittee, or his agent,
must produce the permit at any court hearing concerning the alleged offense.
If the permit designates and includes a routing to a certified scale, the permittee, while en route to the designated scale, shall be deemed in compliance
with the weight provisions of the permit provided the axle or gross weights
do not exceed any of the permitted limits by more than the following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and make
available to interested persons a policy concerning reasonable rules,
limitations and conditions or provisions of operation upon highways
under its jurisdiction in addition to those contained in this Section
for the movement by special permit of vehicles, combinations, or loads
which cannot reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof. All rules,
limitations and conditions or provisions adopted in the policy shall
have due regard for the safety of the traveling public and the protection
of the highway system and shall have been promulgated in conformity with
the provisions of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles shall be the
same for all moves of comparable size and weight. When escort vehicles are
required, they shall meet the following requirements:
(1) All operators shall be 18 years of age or over
|
| and properly licensed to operate the vehicle.
|
|
(2) Vehicles escorting oversized loads more than 12
|
| feet wide must be equipped with a rotating or flashing amber light mounted on top as specified under Section 12-215.
|
|
The Department shall establish reasonable rules and regulations
regarding liability insurance or self insurance for vehicles with
oversized loads promulgated under the Illinois Administrative Procedure
Act. Police vehicles may be required for escort under circumstances as
required by rules and regulations of the Department.
(h) Violation of any rule, limitation or condition or provision of
any permit issued in accordance with the provisions of this Section
shall not render the entire permit null and void but the violator shall
be deemed guilty of violation of permit and guilty of exceeding any size,
weight, or load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere rules, limitations,
conditions, or provisions of the permit, but are also the sole extent of the
authorization granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing movement,
the vehicle and load are operating without a permit. Any off-route movement
shall be subject to the size and weight maximums, under the applicable
provisions of this Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made under a
fraudulent permit, the permit shall be void, and the person, firm, or
corporation to whom such permit was granted, the driver of such vehicle
in addition to the person who issued such permit and any accessory,
shall be guilty of fraud and either one or all persons may be prosecuted
for such violation. Any person, firm, or corporation committing such
violation shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm, or corporation convicted of such
violation for a period of one year after the date of conviction.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of other Sections of this Code.
(j) Whenever any vehicle is operated or movement made in violation
of a permit issued in accordance with this Section, the person to whom
such permit was granted, or the driver of such vehicle, is guilty of
such violation and either, but not both, persons may be prosecuted for
such violation as stated in this subsection (j). Any person, firm, or
corporation convicted of such violation shall be guilty of a petty
offense and shall be fined, for the first offense, not less than $50 nor
more than $200 and, for the second offense by the same person, firm, or
corporation within a period of one year, not less than $200 nor more
than $300 and, for the third offense by the same person, firm, or
corporation within a period of one year after the date of the first
offense, not less than $300 nor more than $500 and the Department may, in its discretion, not issue permits to the person, firm, or corporation convicted of a
third offense during a period of one year after the date of conviction or supervision
for such third offense. If any violation is the cause or contributing cause in a motor vehicle crash causing damage to property, injury, or death to a person, the Department may, in its discretion, not issue a permit to the person, firm, or corporation for a period of one year after the date of conviction or supervision for the offense.
(k) Whenever any vehicle is operated on local roads under permits
for excess width or length issued by local authorities, such vehicle may
be moved upon a State highway for a distance not to exceed one-half mile
without a permit for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section, the Department,
with respect to highways under its jurisdiction, and local authorities, with
respect to highways under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight requirement, or
both, that would not ordinarily be eligible for a permit, when there is a
showing of extreme necessity that the vehicle and load should be moved without
unnecessary delay.
For the purpose of this subsection, showing of extreme necessity shall be
limited to the following: shipments of livestock, hazardous materials, liquid
concrete being hauled in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in addition to any
penalties imposed for violating any other Section of this Code.
(n) The Department with respect to highways under its jurisdiction and
local
authorities with respect to highways under their jurisdiction, in their
discretion and upon
application in writing, may issue a special permit for continuous limited
operation,
authorizing the applicant to operate a tow truck that exceeds the weight limits
provided
for in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow truck exceeds
|
|
(2) no rear tandem axle of the tow truck exceeds
|
|
(2.1) no triple rear axle on a manufactured recovery
|
| unit exceeds 60,000 pounds;
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|
(3) neither the disabled vehicle nor the disabled
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| combination of vehicles exceed the weight restrictions imposed by this Chapter 15, or the weight limits imposed under a permit issued by the Department prior to hookup;
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|
(4) the tow truck prior to hookup does not exceed the
|
| weight restrictions imposed by this Chapter 15;
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|
(5) during the tow operation the tow truck does not
|
| violate any weight restriction sign;
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|
(6) the tow truck is equipped with flashing,
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| rotating, or oscillating amber lights, visible for at least 500 feet in all directions;
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|
(7) the tow truck is specifically designed and
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|
(8) the tow truck has a gross vehicle weight rating
|
| of sufficient capacity to safely handle the load;
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|
(9) the tow truck is equipped with air brakes;
(10) the tow truck is capable of utilizing the
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| lighting and braking systems of the disabled vehicle or combination of vehicles;
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|
(11) the tow commences at the initial point of wreck
|
| or disablement and terminates at a point where the repairs are actually to occur;
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|
(12) the permit issued to the tow truck is carried in
|
| the tow truck and exhibited on demand by a police officer; and
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|
(13) the movement shall be valid only on State routes
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| approved by the Department.
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|
(o) (Blank).
(p) In determining whether a load may be reasonably dismantled or disassembled for the purpose of subsection (a), the Department shall consider whether there is a significant negative impact on the condition of the pavement and structures along the proposed route, whether the load or vehicle as proposed causes a safety hazard to the traveling public, whether dismantling or disassembling the load promotes or stifles economic development, and whether the proposed route travels less than 5 miles. A load is not required to be dismantled or disassembled for the purposes of subsection (a) if the Secretary of the Department determines there will be no significant negative impact to pavement or structures along the proposed route, the proposed load or vehicle causes no safety hazard to the traveling public, dismantling or disassembling the load does not promote economic development, and the proposed route travels less than 5 miles.
The Department may promulgate rules for the purpose of establishing the divisibility of a load pursuant to subsection (a). Any load determined by the Secretary to be nondivisible shall otherwise comply with the existing size or weight maximums specified in this Chapter.
(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; 102-124, eff. 7-23-21; 102-982, eff. 7-1-23 .)
|
(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for overweight-gross loads. Fees for special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the flat rate fees
established in this Section for weights in excess of legal gross weights,
by the applicant to the Department.
(a) With respect to fees for overweight-gross loads listed in this
Section and for overweight-axle loads listed in Section 15-306, one fee
only shall be charged, whichever is the greater, but not for both.
(b) In lieu of the fees stated in this Section and Section 15-306,
with respect to combinations of vehicles consisting of a 3-axle truck
tractor with a tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department, equipped with
a tandem axle composed of 3 consecutive axles,
weighing over 80,000 pounds but not more than 88,000 pounds gross
weight, the fees shall be at the following rates:
|
Distance |
Rate |
For the first 45 miles |
$10 |
From 45 miles to 90 miles |
12.50 |
From 90 miles to 135 miles |
15.00 |
From 135 miles to 180 miles |
17.50 |
From 180 miles to 225 miles |
20.00 |
For each additional 45 miles or part thereof in excess of the rate for 225 miles, an additional |
2.50 |
|
For such combinations weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | 15 | From 45 miles to 90 miles | 25 | From 90 miles to 135 miles | 35 | From 135 miles to 180 miles | 45 | From 180 miles to 225 miles | 55 | For each additional 45 miles or part thereof in excess of the rate for 225 miles, an additional | 10 |
|
For such combination weighing over 100,000 pounds but not more than
110,000 pounds gross weight, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $20 | From 45 miles to 90 miles | 32.50 | From 90 miles to 135 miles | 45 | From 135 miles to 180 miles | 57.50 | From 180 miles to 225 miles | 70 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 12.50 |
|
For such combinations weighing over 110,000 pounds but not more than 120,000
pounds gross weight, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $30 | From 46 miles to 90 miles | 55 | From 90 miles to 135 miles | 80 | From 135 miles to 180 miles | 105 | From 180 miles to 225 miles | 130 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 25 |
|
Payment of overweight fees for the above combinations also shall
include fees for overwidth dimensions of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be charged an additional
fee of $15.
(c) In lieu of the fees stated in this Section and Section 15-306 of
this Chapter, with respect to combinations of vehicles consisting of a
3-axle truck tractor with a tandem axle composed of 2 consecutive axles
drawing a semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2
consecutive axles, weighing over 80,000 pounds but not more than 88,000
pounds gross weight, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $20 | From 45 miles to 90 miles | 32.50 | From 90 miles to 135 miles | 45 | From 135 miles to 180 miles | 57.50 | From 180 miles to 225 miles | 70 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 12.50 |
|
For such combination weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $30 | From 46 miles to 90 miles | 55 | From 90 miles to 135 miles | 80 | From 135 miles to 180 miles | 105 | From 180 miles to 225 miles | 130 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 25 |
|
Payment of overweight fees for the above combinations also shall include
fees for overwidth dimension of 4 feet or less, overheight and overlength.
Any overwidth in excess of 4 feet shall be charged an additional overwidth fee
of $15.
(d) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 3 (or more) axle mobile crane or water
well-drilling vehicle
consisting of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of extreme axles
not less than 18 feet, weighing not more than 60,000 pounds gross with
no single axle weighing more than 21,000 pounds, or any tandem axle
group to exceed 40,000 pounds, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $12.50 | For each additional 45 miles or portion thereof | 9.00 |
|
For such vehicles weighing over 60,000 pounds but not more than 68,000
pounds with no single axle weighing more than 21,000 pounds and no tandem
axle group exceeding 48,000 pounds, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
|
Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any overwidth
in excess of 4 feet shall be charged an additional overwidth fee of $15.
(e) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 4 (or more) axle mobile crane or water
well drilling vehicle
consisting of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less than 23
feet weighing not more than 72,000 pounds with axle weights on one set
of tandem axles not more than 34,000 pounds, and weight in the
other set of tandem axles not to exceed 40,000 pounds, the fees shall be
at the following rates:
|
Distance | Rate | For the first 45 miles | $15 | For each additional 45 miles or portion thereof | 10 |
|
For such vehicles weighing over 72,000 pounds but not more than 76,000
pounds with axle weights on either set of tandem axles not more than 44,000
pounds, the fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
|
Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional fee of $15.
(f) In lieu of fees stated in this Section and in Section 15-306 of
this Chapter, with respect to a two axle mobile crane or water
well-drilling vehicle consisting of 2 single axles weighing not more than
48,000 pounds with no single axle weighing more than 25,000 pounds, the
fees shall be at the following rates:
|
Distance | Rate | For the first 45 miles | $15 | For each additional 45 miles or portion thereof | 10 |
|
For such vehicles weighing over 48,000 pounds but not more than 54,000
pounds with no single axle weighing more than 28,000 pounds, the fees shall
be at the following rates:
|
Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
|
Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional overwidth fee of
$15.
(g) Fees for special permits to move vehicles, combinations of vehicles,
and loads with overweight gross loads not included
in the fee categories shall be paid by the applicant to the Department at
the rate of $50 plus 3.5 cents per ton-mile in excess of legal weight.
With respect to fees for overweight gross loads not included in the schedules
specified in paragraphs (a) through (e) of Section 15-307 and for overweight
axle loads listed in Section 15-306, one fee only shall be charged, whichever
is the greater, but not both. An additional fee in accordance with the
schedule set forth in Section 15-305 shall be charged for each overdimension.
(h) Fees for special permits for continuous limited operation authorizing the applicant to operate vehicles that exceed the weight limits provided for in subsection (a) of Section 15-111.
All single axles excluding the steer axle and axles within a tandem are limited to 24,000 pounds or less unless otherwise noted in this subsection (h). Loads up to 12 feet wide and 110 feet in length shall be included within this permit. Fees shall be $250 for a quarterly and $1,000 for an annual permit. Front tag axle and double tandem trailers are not eligible.
The following configurations qualify for the quarterly and annual permits:
(1) 3 or more axles, total gross weight of 68,000
|
| pounds or less, front tandem or axle 21,000 pounds or less, rear tandem 48,000 pounds or less on 2 or 3 axles, 25,000 pounds or less on single axle;
|
|
(2) 4 or more axles, total gross weight of 76,000
|
| pounds or less, front tandem 44,000 pounds or less on 2 axles, front axle 20,000 pounds or less, rear tandem 44,000 pounds or less on 2 axles and 23,000 pounds or less on single axle or 48,000 pounds or less on 3 axles, 25,000 pounds or less on single axle;
|
|
(3) 5 or more axles, total gross weight of 100,000
|
| pounds or less, front tandem 48,000 pounds or less on 2 axles, front axle 20,000 pounds or less, 25,000 pounds or less on single axle, rear tandem 48,000 pounds or less on 2 axles, 25,000 pounds or less on single axle;
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|
(4) 6 or more axles, total gross weight of 120,000
|
| pounds or less, front tandem 48,000 pounds or less on 2 axles, front axle 20,000 pounds or less, single axle 25,000 pounds or less, or rear tandem 60,000 pounds or less on 3 axles, 21,000 pounds or less on single axles within a tandem.
|
|
(Source: P.A. 102-124, eff. 7-23-21.)
|
(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
Sec. 18a-300. Commercial vehicle relocators - Unlawful practices. It
shall be unlawful for any commercial vehicle relocator:
(1) To operate in any county in which this Chapter is |
| applicable without a valid, current relocator's license as provided in Article IV of this Chapter;
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|
(2) To employ as an operator, or otherwise so use the
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| services of, any person who does not have at the commencement of employment or service, or at any time during the course of employment or service, a valid, current operator's employment permit, or temporary operator's employment permit issued in accordance with Sections 18a-403 or 18a-405 of this Chapter; or to fail to notify the Commission, in writing, of any known criminal conviction of any employee occurring at any time before or during the course of employment or service;
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|
(3) To employ as a dispatcher, or otherwise so use
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| the services of, any person who does not have at the commencement of employment or service, or at any time during the course of employment or service, a valid, current dispatcher's or operator's employment permit or temporary dispatcher's or operator's employment permit issued in accordance with Sections 18a-403 or 18a-407 of this Chapter; or to fail to notify the Commission, in writing, of any known criminal conviction of any employee occurring at any time before or during the course of employment or service;
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|
(4) To operate upon the highways of this State any
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| vehicle used in connection with any commercial vehicle relocation service unless:
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|
(A) There is painted or firmly affixed to the
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| vehicle on both sides of the vehicle in a color or colors vividly contrasting to the color of the vehicle the name, address and telephone number of the relocator. The Commission shall prescribe reasonable rules and regulations pertaining to insignia to be painted or firmly affixed to vehicles and shall waive the requirements of the address on any vehicle in cases where the operator of a vehicle has painted or otherwise firmly affixed to the vehicle a seal or trade mark that clearly identifies the operator of the vehicle; and
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|
(B) There is carried in the power unit of the
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| vehicle a certified copy of the currently effective relocator's license and operator's employment permit. Copies may be photographed, photocopied, or reproduced or printed by any other legible and durable process. Any person guilty of not causing to be displayed a copy of his relocator's license and operator's employment permit may in any hearing concerning the violation be excused from the payment of the penalty hereinafter provided upon a showing that the license was issued by the Commission, but was subsequently lost or destroyed;
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|
(5) To operate upon the highways of this State any
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| vehicle used in connection with any commercial vehicle relocation service that bears the name or address and telephone number of any person or entity other than the relocator by which it is owned or to which it is leased;
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|
(6) To advertise in any newspaper, book, list,
|
| classified directory or other publication unless there is contained in the advertisement the license number of the relocator;
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|
(7) To remove any vehicle from private property
|
| without having first obtained the written authorization of the property owner or other person in lawful possession or control of the property, his authorized agent, or an authorized law enforcement officer. The authorization may be on a contractual basis covering a period of time or limited to a specific removal;
|
|
(8) To charge the private property owner, who
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| requested that an unauthorized vehicle be removed from his property, with the costs of removing the vehicle contrary to any terms that may be a part of the contract between the property owner and the commercial relocator. Nothing in this paragraph shall prevent a relocator from assessing, collecting, or receiving from the property owner, lessee, or their agents any fee prescribed by the Commission;
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|
(9) To remove a vehicle when the owner or operator of
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| the vehicle is present or arrives at the vehicle location at any time prior to the completion of removal, and is willing and able to remove the vehicle immediately, except for vehicles that require a commercial driver's license to operate. Vehicles that require a commercial driver's license to operate shall be disconnected from the tow truck and the owner or operator shall be allowed to remove the vehicle without interference upon the payment of a reasonable service fee of not more than one-half of the posted rate of the towing service per tow vehicle on the scene and up to a maximum of 2 tow vehicles as provided in paragraph 6 of subsection (f) of Section 4-203 of this Code, for which a receipt shall be given;
|
|
(10) To remove any vehicle from property on which
|
| signs are required and on which there are not posted appropriate signs under Section 18a-302;
|
|
(11) To fail to notify law enforcement authorities in
|
| the jurisdiction in which the trespassing vehicle was removed within one hour of the removal. Notification shall include a complete description of the vehicle, registration numbers if possible, the locations from which and to which the vehicle was removed, the time of removal, and any other information required by regulation, statute or ordinance;
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|
(12) To impose any charge other than in accordance
|
| with the rates set by the Commission as provided in paragraph (6) of Section 18a-200 of this Chapter;
|
|
(13) To fail, in the office or location at which
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| relocated vehicles are routinely returned to their owners, to prominently post the name, address and telephone number of the nearest office of the Commission to which inquiries or complaints may be sent;
|
|
(13.1) To fail to distribute to each owner or
|
| operator of a relocated vehicle, in written form as prescribed by Commission rule or regulation, the relevant statutes, regulations and ordinances governing commercial vehicle relocators, including, in at least 12 point boldface type, the name, address and telephone number of the nearest office of the Commission to which inquiries or complaints may be sent;
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|
(13.2) To fail, in the office or location at which
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| relocated vehicles are routinely returned to their owners, to ensure that the relocator's representative provides suitable evidence of his or her identity to the owners of relocated vehicles upon request;
|
|
(14) To remove any vehicle, otherwise in accordance
|
| with this Chapter, more than 15 air miles from its location when towed from a location in an unincorporated area of a county or more than 10 air miles from its location when towed from any other location;
|
|
(15) To fail to make a telephone number available to
|
| the police department of any municipality in which a relocator operates at which the relocator or an employee of the relocator may be contacted at any time during the hours in which the relocator is engaged in the towing of vehicles, or advertised as engaged in the towing of vehicles, for the purpose of effectuating the release of a towed vehicle; or to fail to include the telephone number in any advertisement of the relocator's services published or otherwise appearing on or after the effective date of this amendatory Act; or to fail to have an employee available at any time on the premises owned or controlled by the relocator for the purposes of arranging for the immediate release of the vehicle.
|
|
Apart from any other penalty or liability authorized
|
| under this Act, if after a reasonable effort, the owner of the vehicle is unable to make telephone contact with the relocator for a period of one hour from his initial attempt during any time period in which the relocator is required to respond at the number, all fees for towing, storage, or otherwise are to be waived. Proof of 3 attempted phone calls to the number provided to the police department by an officer or employee of the department on behalf of the vehicle owner within the space of one hour, at least 2 of which are separated by 45 minutes, shall be deemed sufficient proof of the owner's reasonable effort to make contact with the vehicle relocator. Failure of the relocator to respond to the phone calls is not a criminal violation of this Chapter;
|
|
(16) To use equipment which the relocator does not
|
| own, except in compliance with Section 18a-306 of this Chapter and Commission regulations. No equipment can be leased to more than one relocator at any time. Equipment leases shall be filed with the Commission. If equipment is leased to one relocator, it cannot thereafter be leased to another relocator until a written cancellation of lease is properly filed with the Commission;
|
|
(17) To use drivers or other personnel who are not
|
| employees or contractors of the relocator;
|
|
(18) To fail to refund any amount charged in excess
|
| of the reasonable rate established by the Commission;
|
|
(19) To violate any other provision of this Chapter,
|
| or of Commission regulations or orders adopted under this Chapter;
|
|
(20) To engage in the removal of a commercial motor
|
| vehicle that requires a commercial driver's license to operate by operating the vehicle under its own power on a highway without authorization by a law enforcement officer.
|
|
(Source: P.A. 99-438, eff. 1-1-16 .)
|
(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
Sec. 18b-101. Definitions. Unless the context otherwise clearly
requires, as used in this Chapter: "Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects. "Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.
"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.
"Commercial motor vehicle" means any self propelled or towed
vehicle used on public highways in interstate and intrastate commerce to
transport passengers or property when the vehicle has a gross vehicle
weight, a gross vehicle
weight rating, a gross combination weight, or a gross combination
weight rating of 10,001 or more pounds;
or the vehicle is used or designed to transport more than 15 passengers, including
the driver; or the vehicle is designed to carry 15 or fewer passengers and is
operated by a contract carrier transporting employees in the course of their
employment
on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the
transportation of hazardous
materials in a quantity requiring placarding under the Illinois Hazardous
Materials Transportation Act. This definition shall not include farm
machinery, fertilizer spreaders, and other special agricultural movement
equipment described in Section 3-809 nor implements of husbandry as defined
in Section 1-130.
"Covered farm vehicle", for purposes of this Chapter and rule-making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a covered farm vehicle for law enforcement personnel and: (1) is operated by a farm or ranch owner or operator, |
| or an employee or family member of the farm or ranch owner or operator; and
|
|
(2) is being used to transport the following to or
|
|
(A) agricultural commodities;
(B) livestock; or
(C) machinery or supplies; and
(3) if registered in this State, is:
(A) registered as a farm truck under subsection
|
| (c) of Section 3-815 of this Code; or
|
|
(B) operated in combination as an articulated
|
| vehicle when the truck in the combination is registered for 12,000 lbs. or less as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code and contains in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code and the trailer in the combination is registered as a farm trailer under subsection (a) of Section 3-819 of this Code and displays a farm registration license plate; or
|
|
(C) a truck registered for 12,000 lbs. or less as
|
| a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code containing in the cab of the motor vehicle a registration designating the vehicle as a covered farm vehicle under subsections (a) and (a-5) of Section 3-815 of this Code that is towing an implement of husbandry as part of a farming operation; and
|
|
(4) is not used in for-hire motor carrier operations;
|
| however, for-hire motor carrier operations do not include the operation of a vehicle meeting the definition of a covered farm vehicle by a tenant pursuant to a crop share farm lease agreement to transport the landlord's portion of the crops under that agreement; and
|
|
(5) has a gross vehicle weight rating (GVWR), a gross
|
| combination weight rating (GCWR), or a gross vehicle weight or gross vehicle combination weight, whichever is greater, that is:
|
|
(A) 26,001 lbs. or less, for vehicles operating
|
| in interstate commerce; or
|
|
(B) greater than 26,001 lbs., operating in
|
| interstate commerce and registered in this State; or
|
|
(C) greater than 26,001 lbs. and traveling
|
| interstate within 150 air miles of the farm or ranch for which the vehicle is being operated, regardless of whether it is registered in this State; or
|
|
(D) greater than 10,000 lbs. and traveling
|
|
"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services.
"Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year.
"Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring.
"Officer" means Illinois State Police Officer.
"Person" means any natural person or individual, governmental body,
firm, association, partnership, copartnership, joint venture, company,
corporation, joint stock company, trust, estate or any other legal entity
or their legal representative, agent or assigns.
(Source: P.A. 97-795, eff. 1-1-13; 98-882, eff. 8-13-14.)
|
(625 ILCS 5/18b-112)
Sec. 18b-112. Intermodal trailer, chassis, and safety.
(a) Definitions. For purposes of this Section:
"Equipment interchange agreement" means a
written document executed by the intermodal
equipment provider and operator at the time the
equipment is interchanged by the provider to the
operator.
"Equipment provider" is the owner of an intermodal trailer, chassis, or
container.
This includes any forwarding company, water carrier, steamship line, railroad,
vehicle
equipment leasing company, and their subsidiary or affiliated companies owning
the
equipment.
"Federal motor carrier safety regulations"
means regulations promulgated by the United
States Department of Transportation governing
the condition and maintenance of commercial
motor vehicles contained in Title 49 of the
United States Code of Federal Regulations on the
day of enactment of this Act or as amended or
revised by the United States Department of
Transportation thereafter.
"Interchange" means the act of providing a
vehicle to a motor carrier by an equipment
provider for the purpose of transporting the
vehicle for loading or unloading by another party
or the repositioning of the vehicle for the benefit
of the equipment provider. "Interchange" does
not include the leasing of the vehicle by a motor
carrier from an owner-operator pursuant to
subpart B of Part 376 of Title 49 of the Code of
Federal Regulations or the leasing of a vehicle to
a motor carrier for use in the motor carrier's over-the-road freight hauling
operations.
"Operator" means a motor carrier or driver of
a commercial motor vehicle.
"Vehicle" means an intermodal trailer,
chassis, or container.
(b) Responsibility of equipment
provider. An equipment provider shall not
interchange or offer for interchange a vehicle
with an operator for use on a highway which
vehicle is in violation of the requirements
contained in the federal motor carrier safety
regulations. It is the responsibility of the
equipment provider to inspect and, if a vehicle at
the time of inspection does not comply with all
federal motor carrier safety regulation
requirements, perform the necessary repairs on,
all vehicles prior to interchange or offering for
interchange.
(c) Duty of inspection by the
operator. Before interchanging a vehicle with an
operator, an equipment provider must provide the
operator the opportunity and facilities to perform
a visual inspection of the equipment. The operator must determine
if it complies with the provisions of the federal
motor carrier safety regulation capable of being
determined from an inspection. If the operator
determines that the vehicle does not comply with
the provisions of the federal motor carrier safety
regulations, the equipment provider shall
immediately perform the necessary repairs to the
vehicle so that it complies with the federal motor
carrier safety regulations or shall immediately
provide the operator with another vehicle.
(d) Presumption of defect prior to
interchange.
(1) If as a result of a roadside inspection by the |
| Illinois State Police, any of the defects listed in paragraph (2) are discovered, a rebuttable presumption existed at the time of the interchange. If a summons or complaint is issued to the operator, the operator may seek relief pursuant to paragraph (3).
|
|
(2) A rebuttable presumption exists that the
|
| following defects were present at the time of the interchange:
|
|
(A) There is a defect with the brake drum
when:
(I) the drum cracks;
(II) the lining is
loose or missing; or
(III) the lining is saturated with oil.
(B) There is a defect of inoperative
brakes when:
(I) there is no movement of any
components;
(II) there are missing, broken, or loose
|
|
(III) there are mismatched components.
(C) There is a defect with the air lines and
|
|
(I) there is a bulge and swelling;
(II) there is an audible air leak; or
(III) there are air lines broken, cracked, or
|
|
(D) There is a defect with the reservoir tank
|
| when there is any separation of original attachment points.
|
|
(E) There is a defect with the frames
when:
(I) there is any cracked, loose, sagging, or
|
| broken frame members which measure one and one-half inch in web or one inch or longer in bottom flange or any crack extending from web radius into bottom flange; or
|
|
(II) there is any condition which causes
|
| moving parts to come in contact with the frame.
|
|
(F) There is an electrical defect when wires are
|
|
(G) There is a defect with the wheel assembly
|
|
(I) there is low or no oil;
(II) there is oil leakage on brake
|
|
(III) there are lug nuts that are loose or
|
|
(IV) the wheel bearings are not properly
|
|
(H) There is a defect with the tires when:
(I) there is improper inflation;
(II) there is tire separation from the
|
|
(III) there are exposed plys or belting
|
|
(I) There is defect with rim cracks when:
(I) there is any circumferential crack,
|
| except a manufactured crack; or
|
|
(II) there is a lock or side ring cracked,
|
| bent, broken, sprung, improperly seated, or mismatched.
|
|
(J) There is a defect with the suspension
when:
(I) there are spring assembly leaves broken,
|
| missing, or separated; or
|
|
(II) there are spring hanger, u-bolts, or
|
| axle positioning components cracked, broken loose, or missing.
|
|
(K) There is a defect with the chassis locking
|
| pins when there is any twist lock or fitting for securement that is sprung, broken, or improperly latched.
|
|
(3) If an operator receives a citation for a
|
| violation due to a defect in any equipment specified in subsection (d)(2), the equipment provider shall reimburse the operator for any:
|
|
(A) fines and costs, including court costs and
|
| reasonable attorneys fees, incurred as a result of the citation; and
|
|
(B) costs incurred by the operator to repair the
|
| defects specified in the citation, including any towing costs incurred.
|
|
The equipment provider shall reimburse the operator
|
| within 30 days of the final court action. If the equipment provider fails to reimburse the operator within 30 days, the operator has a civil cause of action against the equipment provider.
|
|
(e) Fines and penalties. Any person
violating the provisions of this Section shall be fined
no less than $50 and no more than $500 for each
violation.
(f) Obligation of motor carrier.
Nothing in this Section is intended to eliminate the
responsibility and obligation of a motor carrier and operator to
maintain and operate vehicles in accordance with
the federal motor carrier safety regulations and
applicable State and local laws and regulations.
(g) This Section shall not be applied, construed, or implemented in any
manner inconsistent with, or in conflict with, any provision of the federal
motor carrier safety regulations.
(Source: P.A. 102-538, eff. 8-20-21.)
|
(625 ILCS 5/18c-1104) (from Ch. 95 1/2, par. 18c-1104)
Sec. 18c-1104.
Definitions.
The following terms, when used in this
Chapter, have the hereinafter designated meanings unless their context
clearly indicates otherwise:
(1) "Broker" means any person other than a motor carrier of
property, that arranges, offers to arrange, or holds
itself out, by solicitation, advertisement, or
otherwise, as arranging or offering to arrange for-hire
transportation of property or other service in
connection therewith by a motor carrier of property
which holds or is required to hold a license issued by the Commission.
(2) "Carrier" means any motor carrier or rail carrier other than a private
carrier.
(3) "Certificate" means a certificate of public convenience
and necessity issued under this Chapter to common carriers
of household goods.
(4) "Commission" means the Illinois Commerce Commission.
(5) "Commission regulations and orders" means rules and
regulations adopted and orders or decisions issued by the Commission
pursuant to this Chapter; any certificate, permit,
broker's license or other license or registration issued
pursuant to such rules, regulations, orders and decisions; and all
terms, conditions, or limitations thereof.
(6) (Blank).
(7) (Blank).
(8) (Blank).
(9) "Discrimination" means undue discrimination in the
context of the particular mode of transportation involved.
(10) "Farm crossing" means a crossing used for agricultural and livestock
purposes only.
(11) "For-hire" means for compensation or hire, regardless of
the form of compensation and whether compensation is direct or indirect.
(12) "Freight forwarder" means any person other than a motor
carrier, rail carrier, or common carrier by pipeline
which holds itself out as a common carrier to provide
transportation of property, for compensation or hire,
which, in the rendition of its services:
(a) Undertakes responsibility for the consolidation |
| (where applicable), transportation, break-bulk (where applicable), and distribution of such property from the point of receipt to the point of delivery; and
|
|
(b) Utilizes, for the transportation of such
|
| property, the services of one or more motor carriers or rail carriers.
|
|
(13) "Hazardous material" means any substance or material in
a quantity and form determined by the federal Office of
Hazardous Materials and the Federal Railroad
Administration to be capable of posing an unreasonable
risk to health, safety, or property when transported in commerce.
(13.1) "Household goods" means:
(A) Personal effects and property used or to be used
|
| in a dwelling when a part of the equipment or supply of such dwelling; except that this subdivision (13.1) shall not be construed to include property moving from a factory or store, except such property as the householder has purchased with intent to use in his or her dwelling and that is transported at the request of, and the transportation charges paid to the carrier by, the householder;
|
|
(B) Furniture, fixtures, equipment, and the property
|
| of stores, offices, museums, institutions, hospitals, or other establishments, when a part of the stock, equipment, or supply of such stores, offices, museums, institutions, hospitals, or other establishments; except that this subdivision (13.1) shall not be construed to include the stock-in-trade of any establishment, whether consignor or consignee, other than used furniture and used fixtures, except when transported as an incident to the moving of the establishment, or a portion thereof, from one location to another; and
|
|
(C) Articles, including, but not limited to, objects
|
| of art, displays, and exhibits, which, because of their unusual nature or value, require the specialized handling and equipment usually employed in moving household goods; except that this subdivision (13.1) shall not be construed to include any article, whether crated or uncrated, that does not, because of its unusual nature or value, require the specialized handling and equipment usually employed in moving household goods.
|
|
(13.2) "Household goods carrier" means a motor carrier of property
authorized to transport household goods.
(13.3) "Household goods common carrier" means any household goods carrier
engaged in transportation for the general public over regular or irregular
routes. Household goods common carriers may also be referred to as "common
carriers of household goods".
(13.4) "Household goods contract carrier"
means any household goods carrier engaged in transportation under contract with
a limited number of shippers (that shall not be freight forwarders, shippers'
agents or brokers) that either (a) assigns motor vehicles for a continuing
period of time to the exclusive use of the shipper or shippers served, or (b)
furnishes transportation service designed to meet the distinct need of the
shipper or shippers served. Household goods contract carriers may also be
referred to as "contract carriers of household goods".
(14) "Interstate carrier" means any person engaged in the
for-hire transportation of persons or property in
interstate or foreign commerce in this State, whether or
not such transportation is pursuant to authority issued
to it by the Interstate Commerce Commission.
(15) "Intrastate carrier" means any person engaged in the
for-hire transportation of persons or property in
intrastate commerce in this State.
(16) "Interstate commerce" means commerce between a point in
the State of Illinois and a point outside the State of
Illinois, or between points outside the State of
Illinois when such commerce moves through Illinois, or
between points in Illinois moving through another state
in a bona fide operation that is either exempt from
federal regulation or moves under a certificate or permit issued by
the Interstate Commerce Commission authorizing interstate transportation,
whether such commerce moves wholly by motor vehicle or
partly by motor vehicle and partly by any other
regulated means of transportation where the commodity
does not come to rest or change its identity during the
movement, and includes commerce originating or
terminating in a foreign country moving through the State of Illinois.
(17) "Intrastate commerce" means commerce moving wholly
between points within the State of Illinois, whether
such commerce moves wholly by one transportation mode or partly by
one mode and partly by any other mode of transportation.
(18) "License" means any certificate, permit, broker's
license, or other license issued under this Chapter. For purposes of Article
III of Sub-chapter 4 of this Chapter, "license" does not include a "public
carrier certificate".
(19) "Motor carrier" means any person engaged in the
transportation of property or passengers, or both, for
hire, over the public roads of this State, by motor
vehicle. Motor carriers engaged in the transportation
of property are referred to as "motor carriers of
property"; motor carriers engaged in the transportation
of passengers are referred to as "motor carriers of
passengers" or "bus companies".
(20) "Motor vehicle" means any vehicle, truck, trucktractor,
trailer or semitrailer propelled or drawn by mechanical
power and used upon the highways of the State in the
transportation of property or passengers.
(21) "Non-relocation towing" means the:
(a) For-hire transportation of vehicles by use of
|
| wrecker or towing equipment, other than the removal of trespassing vehicles from private property subject to the provisions of Chapter 18a of this Code, and other than transportation exempted by Section 18c-4102; and
|
|
(b) For-hire towing of wheeled property other than
|
|
(22) "Notice" means with regard to all proceedings except enforcement
proceedings instituted on the motion of the Commission, and except for
interstate motor carrier registrations, public notice by publication in the
official state newspaper, unless otherwise provided in this Chapter.
(23) "Official state newspaper" means the newspaper
designated and certified to the Commission annually by
the Director of Central Management Services of the State
of Illinois, or, if said Director fails to certify to
the Commission the name and address of the official
newspaper selected by the Director prior to expiration
of the previous certification, the newspaper designated
in the most recent certification.
(24) "Party" means any person admitted as a party to a
Commission proceeding or seeking and entitled as a
matter of right to admission as a party to a Commission proceeding.
(25) "Permit" means a permit issued under this Chapter to
contract carriers of property by motor vehicle.
(26) "Person" means any natural person or legal entity,
whether such entity is a proprietorship, partnership,
corporation, association, or other entity, and, where a
provision concerns the acts or omissions of a person,
includes the partners, officers, employees, and agents
of the person, as well as any trustees, assignees,
receivers, or personal representatives of the person.
(27) "Private carrier by motor vehicle" means any person
engaged in the transportation of property or passengers
by motor vehicle other than for hire, whether the person
is the owner, lessee or bailee of the lading or
otherwise, when the transportation is for the purpose of sale, lease, or
bailment and in furtherance of the person's primary business, other than
transportation. "Private carriers by motor vehicle" may be
referred to as "private carriers". Ownership, lease or
bailment of the lading is not sufficient proof of a
private carrier operation if the carrier is, in fact,
engaged in the transportation of property for-hire.
(27.1) "Public carrier" means a motor carrier of property, other than a
household goods carrier.
(27.2) "Public carrier certificate" means a certificate issued to a motor
carrier to transport property, other than household goods, in intrastate
commerce. The issuance of a public carrier certificate shall not be subject to
the provisions of Article I of Sub-chapter 2 of this Chapter.
(28) "Public convenience and necessity" shall be construed to have the same
meaning under this Chapter as it was construed by the courts to have under the
Illinois Motor Carrier of Property Law, with respect to motor carriers of
property, and the Public Utilities Act with respect to motor
carriers of passengers and rail carriers.
(29) "Public interest" shall be construed to have the same
meaning under this Chapter as it was construed by the courts
to have under the Illinois Motor Carrier of Property Law.
(30) "Rail carrier" means any person engaged in the
transportation of property or passengers for hire by
railroad, together with all employees or agents of such
person or entity, and all property used, controlled, or
owned by such person or entity.
(31) "Railroad" means track and associated structures,
including bridges, tunnels, switches, spurs, terminals
and other facilities, and equipment, including engines,
freight cars, passenger cars, cabooses, and other
equipment, used in the transportation of property or
passengers by rail.
(32) "Rail yard" means a system of parallel tracks, cross-overs and
switches where cars are switched and made up into trains, and where cars,
locomotives, and other rolling stock are kept when not in use or awaiting
repairs. A "rail yard" may also be referred to as a "yard".
(33) "Rate" means every individual or joint rate, fare, toll,
or charge of any carrier or carriers, any provisions relating to
application thereof, and any tariff or schedule
containing rates and provisions. The term "tariff"
refers to a publication or document containing motor
common carrier rates and provisions
or rates and provisions applicable
via rail carrier under contracts established pursuant to
49 U.S. Code 10713. The term "schedule" refers to a
publication or document containing motor contract
carrier rates and provisions.
(34) "Registration" means a registration issued to an
interstate carrier.
(35) "Shipper" means the consignor or consignee.
(36) "Terminal area" means, in addition to the area within the corporate
boundary of an incorporated city, village, municipality,
or community center, the area (whether incorporated
or unincorporated) within 10 air miles of the
corporate limits of the base city, village, municipality, or
community center, including all of any city,
village or municipality which lies within such area.
(37) "Transfer" means the sale, lease, consolidation, merger, acquisition
or change of control, or other transfer of a license, in whole or in part.
(38) "Transportation" means the actual movement of property or passengers
by motor vehicle (without regard to ownership of vehicles or equipment used
in providing transportation service) or rail together with loading,
unloading, and any other accessorial or ancillary service provided by the
carrier in connection with movement by motor vehicle or rail,
which is performed by or on behalf of the carriers, its employees or agents,
or under the authority or direction of the carrier or under the apparent
authority or direction and with the knowledge of the carrier. Transportation
of property by motor vehicle includes driveaway or towaway delivery service.
(39) "Towing" means the pushing, towing, or drawing of wheeled
property by means of a crane, hoist, towbar, towline, or auxiliary axle.
(40) "Wrecker or towing equipment" means tow trucks or auxiliary axles,
when used in relation to towing accidentally wrecked or disabled vehicles; and
roll-back carriers or trailers, when used in relation to transporting
accidentally wrecked or disabled vehicles. Wrecker or towing equipment does
not include car carriers or trailers other than roll-back car carriers or
trailers.
(Source: P.A. 89-42, eff. 1-1-96; 89-444, eff. 1-25-96; 90-14, eff.
7-1-97.)
|
(625 ILCS 5/18c-1501) (from Ch. 95 1/2, par. 18c-1501)
Sec. 18c-1501.
Franchise, Franchise Renewal, Filing and Other
Fees for Motor Carriers of Property.
(1) Franchise, Franchise Renewal, Filing, and Other Fee
Levels in Effect Absent Commission Regulations Prescribing Different Fee
Levels.
The levels of franchise, franchise renewal, filing, and other
fees for motor carriers of property in effect, absent Commission
regulations prescribing different fee levels, shall be:
(a) Franchise and franchise renewal fees: $19 for |
| each motor vehicle operated by a motor carrier of property in intrastate commerce, and $2 for each motor vehicle operated by a motor carrier of property in interstate commerce.
|
|
(b) Filing fees: $100 for each application seeking a
|
| Commission license or other authority, the reinstatement of a cancelled license or authority, or authority to establish a rate, other than by special permission, excluding both released rate applications and rate filings which may be investigated or suspended but which require no prior authorization for filing; $25 for each released rate application and each application to register as an interstate carrier; $15 for each application seeking special permission in regard to rates; and $15 for each equipment lease.
|
|
(2) Adjustment of Fee
Levels.
The Commission may, by rulemaking in accordance with
provisions of The Illinois Administrative Procedure Act,
adjust franchise, franchise renewal, filing, and other fees
for motor carriers of property by increasing or decreasing
them from levels in effect absent Commission regulations prescribing
different fee levels. Franchise
and franchise renewal fees prescribed by the
Commission for motor carriers of property shall not exceed:
(a) $50 for each motor vehicle operated by a
|
| household goods carrier in intrastate commerce;
|
|
(a-5) $15 for each motor vehicle operated by a public
|
| carrier in intrastate commerce; and
|
|
(b) $7 for each motor vehicle operated by a motor
|
| carrier of property in interstate commerce.
|
|
(3) Late-Filing Fees.
(a) Commission to Prescribe Late-Filing Fees. The
|
| Commission may prescribe fees for the late filing of proof of insurance, operating reports, franchise or franchise renewal fee applications, or other documents required to be filed on a periodic basis with the Commission.
|
|
(b) Late-filing Fees to Accrue Automatically.
|
| Late-filing fees shall accrue automatically from the filing deadline set forth in Commission regulations, and all persons or entities required to make such filings shall be on notice of such deadlines.
|
|
(c) Maximum Fees. Late-filing fees prescribed by the
|
| Commission shall not exceed $100 for an initial period, plus $10 for each day after the expiration of the initial period. The Commission may provide for waiver of all or part of late-filing fees accrued under this subsection on a showing of good cause.
|
|
(d) Effect of Failure to Make Timely Filings and Pay
|
| Late-Filing Fees. Failure of a person to file proof of continuous insurance coverage or to make other periodic filings required under Commission regulations shall make licenses and registrations held by the person subject to revocation or suspension. The licenses or registrations cannot thereafter be returned to good standing until after payment of all late-filing fees accrued and not waived under this subsection.
|
|
(4) Payment of Fees.
(a) Franchise and Franchise Renewal Fees. Franchise
|
| and franchise renewal fees for motor carriers of property shall be due and payable on or before the 31st day of December of the calendar year preceding the calendar year for which the fees are owing, unless otherwise provided in Commission regulations.
|
|
(b) Filing and Other Fees. Filing and other fees
|
| (including late-filing fees) shall be due and payable on the date of filing, or on such other date as is set forth in Commission regulations.
|
|
(5) When Fees Returnable.
(a) Whenever an application to the Illinois Commerce
|
| Commission is accompanied by any fee as required by law and such application is refused or rejected, said fee shall be returned to said applicant.
|
|
(b) The Illinois Commerce Commission may reduce by
|
| interlineation the amount of any personal check or corporate check or company check drawn on the account of and delivered by any person for payment of a fee required by the Illinois Commerce Commission.
|
|
(c) Any check altered pursuant to above shall be
|
| endorsed by the Illinois Commerce Commission as follows: "This check is warranted to subsequent holders and to the drawee to be in the amount $ ."
|
|
(d) All applications to the Illinois Commerce
|
| Commission requiring fee payment upon reprinting shall contain the following authorization statement: "My signature authorizes the Illinois Commerce Commission to lower the amount of check if fee submitted exceeds correct amount."
|
|
(Source: P.A. 93-32, eff. 7-1-03.)
|
(625 ILCS 5/18c-1603) (from Ch. 95 1/2, par. 18c-1603)
Sec. 18c-1603. Expenditures from the Transportation Regulatory Fund. (1) Authorization of Expenditures from the Fund. Monies deposited in the
Transportation Regulatory Fund shall be expended only for the
administration and enforcement of this Chapter and Chapter 18a. Moneys in the Fund may also be used to administer the Personal Property Storage Act.
(2) Allocation of Expenses to the Fund. (a) Expenses Allocated Entirely to the Transportation |
| Regulatory Fund. All expenses of the Transportation Division shall be allocated to the Transportation Regulatory Fund, provided that they were:
|
|
(i) Incurred by and for staff employed within the
|
| Transportation Division and accountable, directly or through a program director or staff supervisor, to the Transportation Division manager;
|
|
(ii) Incurred exclusively in the administration
|
| and enforcement of this Chapter and Chapter 18a; and
|
|
(iii) Authorized by the Transportation Division
|
|
(b) Expenses Partially Allocated to the
|
| Transportation Regulatory Fund. A portion of expenses for the following persons and activities may be allocated to the Transportation Regulatory Fund:
|
|
(i) The Executive Director, his deputies and
|
| personal assistants, and their clerical support;
|
|
(ii) The legislative liaison activities of the
|
| Office of Legislative Affairs, its constituent elements and successors;
|
|
(iii) The activities of the Bureau of Planning
|
| and Operations on the effective date of this amendatory Act of the 94th General Assembly, exclusive of the Chief Clerk's office;
|
|
(iv) The payroll expenses of Commissioners'
|
|
(v) The internal auditor;
(vi) The in-state travel expenses of the
|
| Commissioners to and from the offices of the Commission; and
|
|
(vii) The Public Affairs Group, its constituent
|
| elements, and its successors.
|
|
(c) Allocation Methodology for Expenses Other Than
|
| Commissioners' Assistants. The portion of total expenses (other than commissioners' assistants' expenses) allocated to the Transportation Regulatory Fund under paragraph (b) of this subsection shall be the portion of staff time spent exclusively on administration and enforcement of this Chapter and Chapter 18a, as shown by a time study updated at least once each 6 months.
|
|
(d) (Blank).
(e) Allocation methodology for Commissioners'
|
| Assistants Expenses. Five percent of the payroll expenses of commissioners' assistants may be allocated to the Transportation Regulatory Fund.
|
|
(f) Expenses not allocable to the Transportation
|
| Regulatory Fund. No expenses shall be allocated to or paid from the Transportation Regulatory Fund except as expressly authorized in paragraphs (a) through (e) of this subsection. In particular, no expenses shall be allocated to the Fund which were incurred by or in relation to the following persons and activities:
|
|
(i) Commissioners' travel, except as otherwise
|
| provided in paragraphs (b) and (c) of this subsection;
|
|
(ii) Commissioners' assistants except as
|
| otherwise provided in paragraphs (b) and (e) of this subsection;
|
|
(iii) The Policy Analysis and Research Division,
|
| its constituent elements and successors;
|
|
(iv) The Chief Clerk's office, its constituent
|
|
(v) The Hearing Examiners Division, its
|
| constituent elements and successors, and any hearing examiners or hearings conducted, in whole or in part, outside the Transportation Division;
|
|
(vi) (Blank);
(vii) The Office of General Counsel, its
|
| constituent elements and successors, including but not limited to the Office of Public Utility Counsel and any legal staff in the office of the executive director, but not including the personal assistant serving as staff counsel to the executive director as provided in Section 18c-1204(2) and the Office of Transportation Counsel; and
|
|
(viii) Any other expenses or portion thereof not
|
| expressly authorized in this subsection to be allocated to the Fund.
|
|
The constituent elements of the foregoing shall, for
|
| purposes of this Section be their constituent elements on the effective date of this amendatory Act of 1987.
|
|
(3) (Blank).
(4) (Blank).
(Source: P.A. 96-515, eff. 1-1-10.)
|
(625 ILCS 5/18c-1704) (from Ch. 95 1/2, par. 18c-1704)
Sec. 18c-1704.
Sanctions.
Each violation of this Chapter shall subject
the violator to the following sanctions, except as otherwise provided
elsewhere in this Chapter. Sanctions provided for in this Section may be
imposed by the Commission only in compliance with the notice and hearing
requirements of Section 18c-2102 of this Chapter.
(1) Criminal Misdemeanor Penalties. Each violation of this Chapter shall
constitute a Class C misdemeanor.
(2) Civil Penalties. The Commission may assess, against any person found
by it to have violated this Chapter, a civil penalty not greater than
$1,000 nor less than $100 per violation. The penalty assessed by the
Commission shall reflect the number and severity of violations found to
have been committed. Penalties assessed by the Commission shall be
enforced by any court having venue in enforcement cases under this Chapter.
(3) Cease and Desist Orders. The Commission may, where
a person is found after hearing to have violated this Chapter, Commission
regulations or orders, and justice requires, order the person to cease and
desist from further or from any future violations. A cease and desist order
may be entered on the Commission's own motion or by agreement between the
parties. Orders and agreements under this Section shall be valid and
enforceable for the period stated therein, not to exceed 2 years from the
date the order or agreement is approved by the Commission, unless the
parties stipulate otherwise. Such orders and agreements shall be
enforceable in any court of this State having venue and jurisdiction in
enforcement actions under this Chapter. Failure to comply with a
Commission cease and desist order shall constitute a violation of this
Chapter separate and apart from any underlying violations.
(4) Stipulated Settlements.
(a) General Provisions. The Commission may accept a |
| reasonable monetary settlement, suspension or revocation of a license or registration, or any other reasonable terms stipulated between the respondent and staff, with or without a finding of violations.
|
|
(b) Presumption of Reasonableness. Such stipulations
|
| shall be presumed reasonable. Unless the terms of a stipulation exceed such parameters as the Commission may establish, this presumption is rebuttable only by evidence of record at hearing.
|
|
(c) Parameters. Parameters for settlement shall be
|
| based on type of violation; severity, as measured by revenues from unlawful activities; and number of violations. Minimum settlement amounts may be established.
|
|
(d) Orders. Orders suspending proposed settlements
|
| shall cite reasons for suspension which are specific to the case. Orders rejecting proposed settlements shall recite the grounds on which the settlements are found to be unreasonable and describe the evidence which supports such findings.
|
|
(5) Injunctive Relief. Any court with jurisdiction and venue for
purposes of enforcing this Chapter shall have the power to enjoin any person
from committing violations of this Chapter. Suit for penalties shall not
be a prerequisite to injunctive relief. No bond shall be required when
injunctive relief is granted at the request of the Commission.
(6) Suspension or Revocation of Licenses and Registrations.
(a) Availability of Suspension and Revocation as
|
| Sanctions. Violation of this Chapter by a motor carrier of property or passengers shall, in addition to other sanctions provided herein, subject the violator to suspension or revocation of any or all Commission licenses and registrations. The Commission may impose the sanctions of suspension and revocation. Where the violation is failure of a motor carrier of property or passengers to have in effect and file proof of continuous insurance coverage in accordance with this Chapter, Commission regulations and orders, the license or registration or both may be suspended by telephonic or telegraphic directive, confirmed by certified or registered mail or personal service, pending final disposition of revocation proceedings.
|
|
(b) Suspension Pending Adjudication. Where the
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| violation is failure of a motor carrier of property to pay a franchise or franchise renewal fee, the license or registration or both may be suspended by certified or registered mail or personally served directive, pending final disposition of revocation proceedings.
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(c) Special Revocation Procedures.
(i) Notice. The Commission shall serve notice
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| upon all persons who have failed to pay a franchise tax, license fee, or penalty required under the Business Corporation Act of 1983, or who have failed to comply with this Chapter, Commission regulations and orders, regarding the filing of proof of continuous insurance or bond coverage, the payment of periodic fees, the filing of periodic reports, the payment of civil penalties, or the filing of rates to the full extent of a carrier's authority. The notice shall advise such person of the apparent violations and state that, unless the Commission receives a written request for hearing or extension of time within 30 days from the date the notice is served, the person's license or registration will be revoked by operation of law without further action by the Commission.
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(ii) Extensions of Time. The Commission may grant
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| one extension of time not exceeding 60 days where the extension will not endanger the public.
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(iii) Request for Hearing. If a timely written
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| request for hearing is received, no further action shall be taken until the requirements of Section 18c-2102 of this Chapter have been satisfied.
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(iv) Revocation by Operation of Law. If, at the
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| expiration of the applicable time period, the person has not complied with the pertinent requirements, and a written request for hearing has not been received, the person will be deemed to have waived hearing and the license or registration shall be revoked by operation of law without further action by the Commission as if the Commission has served an order on the date following expiration revoking the license or registration.
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(7) Probation. The Commission may probate the imposition of any of the
sanctions set forth in this Section.
(Source: P.A. 88-415.)
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(625 ILCS 5/18c-2106) (from Ch. 95 1/2, par. 18c-2106)
Sec. 18c-2106. Standing.
(1) General Provisions. Each person with an
administratively cognizable interest in a
proceeding before the Commission shall, upon compliance with
procedural rules adopted by the Commission for such
proceedings, be entitled to appear and participate as a party to
the proceeding. The Commission may, in addition, grant leave
to appear and participate on such terms as it may
prescribe, where to do so would assist the Commission in
reaching an informed and just decision in the proceeding.
(2) Definition of Administratively Cognizable Interest.
The following persons or entities shall be deemed to have an
administratively cognizable interest in proceedings under
this Chapter:
(a) Licensing Proceedings. A person or an entity |
| shall be deemed to have an administratively cognizable interest in a proceeding in which an application for a new, amended, or extended intrastate license is under consideration only if:
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(i) The person possesses a license authorizing
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| all or part of the service for which authority is sought, such license is in good standing, and the person has transported or actively solicited traffic or both within the scope of the application during the 12 month period immediately preceding initiation of the proceeding;
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|
(ii) The proceeding involves an application for a
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| household goods carrier license and the person is an organization representing employees of a household goods carrier; or
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|
(iii) The entity is a municipality or other
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| political subdivision operating an airport that is a point to be served for the license under consideration.
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|
(b) Rate Proceedings. A person shall be deemed to
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| have an administratively cognizable interest in a proceeding in which new or amended rates are under consideration only if the person is:
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(i) A carrier authorized to transport traffic
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| such as would be subject to or affected by the rates;
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|
(ii) A shipper or receiver of traffic such as
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| would be subject to or affected by the rates;
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|
(iii) An association of two or more carriers,
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| acting at the request of and on behalf of one or more carriers authorized to transport traffic such as would be subject to or affected by the rates; or an association of two or more shippers or receivers acting at the request of and on behalf of one or more shippers or receivers of such traffic; or
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|
(iv) An organization representing employees of a
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|
(c) Proceedings to Transfer a License. A person shall
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| be deemed to have an administratively cognizable interest in a proceeding to transfer an intrastate license only if the person:
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|
(i) Has an ownership interest in or control of
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| the license which is the subject of the proceeding;
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|
(ii) Would, if the proposed transfer is approved,
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| acquire ownership or control of the license which is the subject of the proceeding;
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|
(iii) Possesses a license authorizing all or part
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| of the service authorized by the license sought to be transferred, such license is in good standing, and the person or entity has transported or actively solicited traffic within the scope of the license sought to be transported during the 12 months period immediately preceding initiation of the proceeding;
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|
(iv) Would be directly affected by the transfer;
(v) Is an organization representing employees of
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| a household goods carrier; or
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|
(vi) Is a municipality or other political
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| subdivision operating an airport that is a point to be served for the license under consideration.
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|
(d) Complaint and Enforcement Proceedings. A person
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| shall be deemed to have an administratively cognizable interest in a complaint proceeding if the person:
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|
(i) Has an ownership interest in or control of
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| the license which is the subject of the proceeding;
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|
(ii) Would be directly and adversely affected by
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| failure to grant relief sought in the complaint or enforcement action and such adverse effect is contrary to the purposes of this Chapter; or
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|
(iii) Is an organization representing employees
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| of a household goods carrier of property.
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|
(e) All Proceedings. Notwithstanding the provisions
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| of subsections (2)(a) through (2)(d) of this Section, a person shall be deemed to have an administratively cognizable interest in a proceeding other than a complaint proceeding if the person:
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|
(i) Filed the pleading pursuant to which the
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| proceeding was initiated; or
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(ii) Is an organization representing employees of
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| a household goods carrier.
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|
(Source: P.A. 94-499, eff. 1-1-06.)
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