State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ House Amendment 001 ]

90_HB0288eng

      SEE INDEX
          Amends the Illinois Vehicle Code, the Park District Code,
      and the Litter Control Act.  Amends the Vehicle Code to  add,
      change,  move,  renumber,  and  remove  certain  definitions.
      Replaces  certain references to "driver's license examination
      station" with "driver  services  facility".  Changes  certain
      provisions  of  the  Vehicle  Code,  Park  District Code, and
      Litter Control  Act  to  reflect  the  changes  made  to  the
      definition  provisions  in  the  Vehicle  Code.  Makes  other
      changes.
                                                    LRB9000475NTsbB
HB0288 Engrossed                              LRB9000475NTsbB
 1        AN ACT concerning vehicles, amending named Acts.
 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:
 4        Section 5.  The Park District Code is amended by changing
 5    Section 3-9 as follows:
 6        (70 ILCS 1205/3-9) (from Ch. 105, par. 3-9)
 7        Sec. 3-9.  Whenever any territory, containing 80 acres or
 8    less, not incorporated  within  a  park  district  is  wholly
 9    bounded  by  one or more park districts, or is wholly bounded
10    by one or more park districts and a river, lake, railroad  or
11    arterial  street, as defined in Section 1-104 of the Illinois
12    Vehicle Code, such territory  may  be  annexed  by  any  park
13    district  by  which it is bounded in whole or in part, by the
14    passage of an ordinance to that effect after notice is  given
15    as  provided  in this Section The corporate authorities shall
16    cause  notice,  stating  that  annexation  of  the  territory
17    described in the notice is contemplated under  this  Section,
18    to  be  published  once,  in  a  newspaper  published  in the
19    annexing park district, or, if no newspaper is  published  in
20    the  annexing  park  district,  then  in  a  newspaper with a
21    general circulation within the  annexing  park  district  not
22    more  than 45 nor less than 30 days before the passage of the
23    annexation  ordinance.  The  ordinance  shall  describe   the
24    territory  annexed and a certified copy thereof together with
25    an accurate map of the annexed territory shall  be  filed  in
26    the  offices  of the County Clerk and Recorder of each county
27    in which said annexation takes place.
28        As used in this Section, "arterial street" means any U.S.
29    or State numbered route, controlled access highway, or  other
30    major  radial or circumferential street or highway designated
31    by local authorities within their respective jurisdictions as
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 1    part of a major arterial system of streets or highways.
 2    (Source: P.A. 87-368.)
 3        Section  10.   The  Litter  Control  Act  is  amended  by
 4    changing Section 3 as follows:
 5        (415 ILCS 105/3) (from Ch. 38, par. 86-3)
 6        Sec.  3.   As  used  in  this  Act,  unless  the  context
 7    otherwise requires:
 8        (a)  "Litter"  means  any  discarded,  used or unconsumed
 9    substance or waste. "Litter" may include, but is not  limited
10    to,  any  garbage,  trash,  refuse,  debris,  rubbish,  grass
11    clippings   or   other   lawn  or  garden  waste,  newspaper,
12    magazines, glass, metal, plastic or paper containers or other
13    packaging  construction  material,  abandoned   vehicle   (as
14    defined in Section 4-100 of the Illinois Vehicle Code), motor
15    vehicle  parts, furniture, oil, carcass of a dead animal, any
16    nauseous or offensive matter of any kind, any  object  likely
17    to  injure any person or create a traffic hazard, potentially
18    infectious medical waste as defined in Section  3.84  of  the
19    Environmental   Protection   Act,  or  anything  else  of  an
20    unsightly or unsanitary nature,  which  has  been  discarded,
21    abandoned or otherwise disposed of improperly.
22        (b)  "Motor  vehicle"  has  the  meaning ascribed to that
23    term in Section 1-146 of the Illinois Vehicle Code.
24        (c)  "Person"   means   any   individual,    partnership,
25    copartnership, firm, company, corporation, association, joint
26    stock  company,  trust, estate, or any other legal entity, or
27    their legal representative, agent or assigns.
28    (Source: P.A. 88-415; 88-670, eff. 12-2-94.)
29        Section 15.  The Illinois  Vehicle  Code  is  amended  by
30    adding   Sections   1-101.05,   1-101.1a,  1-101.5,  1-101.6,
31    1-105.3,  1-105.6,  1-106.5,   1-111.4,   1-111.5,   1-111.6,
HB0288 Engrossed            -3-               LRB9000475NTsbB
 1    1-111.7,   1-112.7,  1-115.05,  1-115.07,  1-115.3,  1-115.5,
 2    1-115.6,  1-115.8,  1-117.5,   1-119.3,   1-119.6,   1-120.5,
 3    1-122.7,   1-123.3,   1-123.4,   1-123.5,  1-123.7,  1-124.5,
 4    1-125.7,  1-133.05,  1-136.5,  1-140.5,  1-142.05,  1-142.1a,
 5    1-142.1b,  1-144.05,  1-148.3a,  1-148.8,  1-154.5,  1-154.7,
 6    1-155.5,  1-156.5,  1-164.5,  1-164.7,   1-168.05,   1-168.5,
 7    1-169.5,  1-171.01a,  1-171.01b, 1-171.01c, 1-171.3, 1-179.5,
 8    1-180.5,  1-182.3,  1-182.6,  1-182.8,   1-186.5,   1-190.05,
 9    1-202.5,   1-204.05,   1-204.3,  1-204.4,  1-209.5,  1-213.4,
10    1-213.5, and 1-218.5, renumbering Sections 1-102.02, 1-110.1,
11    1-110a, 1-114, 1-114.1, 1-114.2, 1-124, 1-148, 1-151,  1-164,
12    1-171.01, 1-203.1, 1-211.1, 1-214.1, 1-222, 1-224, and 1-300,
13    changing  Sections  1-112.2, 1-162, 1-176.1, 1-183, 1-205.01,
14    1-205.1,  2-105,  3-400,  3-402,  3-402.1,  3-618,  3-804.02,
15    3-808, 3-1001, 4-103, 5-100, 5-401.3, 6-301.2, 6-500,  6-901,
16    7-100,   7-102,  7-305,  7-501,  11-100,  11-416,  11-1403.3,
17    11-1424,  12-603,  12-605.1,  12-605.2,   12-607.1,   12-714,
18    12-715,  12-902,  13B-5,  15-107,  15-111,  15-301,  18b-101,
19    18b-102,  18b-105,  18b-111,  and  18c-5204, and changing and
20    renumbering Section 1-148.1 as follows:
21        (625 ILCS 5/1-101.05 new)
22        Sec. 1-101.05.  Abandoned vehicle.  For the  purposes  of
23    Chapter  4,  "abandoned vehicle" means any vehicle in a state
24    of disrepair rendering the vehicle incapable of being  driven
25    in  its  condition  or any vehicle that has not been moved or
26    used for  7  consecutive  days  or  more  and  is  apparently
27    deserted.
28        (625 ILCS 5/1-101.1a new)
29        Sec.   1-101.1a.  Administrative   decision.    The  term
30    "administrative decision" is defined as in Section  3-101  of
31    the Code of Civil Procedure.
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 1        (625 ILCS 5/1-101.5 new)
 2        Sec.  1-101.5.  Agency.  For the purposes of Chapter 13B,
 3    "Agency" means the Illinois Environmental Protection Agency.
 4        (625 ILCS 5/1-101.6 new)
 5        Sec. 1-101.6.  Agricultural movements.  The operation  of
 6    a  motor  vehicle  or  combination of vehicles controlled and
 7    operated by a private motor carrier of property that is using
 8    the  vehicle   to   transport   nonhazardous   or   hazardous
 9    agricultural  crop  production  fertilizers  or  agricultural
10    chemicals  from  a  local  source of supply to farm or field,
11    from one farm or field to another, or from farm or field back
12    to the local source of supply.
13        (625 ILCS 5/1-101.8, formerly 5/1-102.02)  (from  Ch.  95
14    1/2, par. 1-102.02)
15        Sec.   1-101.8.   1-102.02.   All-terrain  vehicle.   Any
16    motorized off-highway device 50  inches  or  less  in  width,
17    having  a  manufacturer's  dry  weight of 600 pounds or less,
18    traveling on 3 or more low-pressure tires,  designed  with  a
19    seat  or  saddle for operator use, and handlebars or steering
20    wheel for steering control.
21    (Source: P.A. 85-830.)
22        (625 ILCS 5/1-105.3 new)
23        Sec. 1-105.3.  Automotive parts recycler.  A  person  who
24    is in the business of acquiring previously owned vehicles and
25    vehicle  parts  for the primary purpose of disposing of parts
26    of vehicles in a manner other  than  that  described  in  the
27    definition of a "scrap processor" in this Code.
28        (625 ILCS 5/1-105.6 new)
29        Sec.  1-105.6.  Axle load.  The total load transmitted to
30    the road by all wheels whose centers may be included  between
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 1    2   parallel  transverse  vertical  planes  40  inches  apart
 2    extending across the full width of the vehicle.
 3        (625 ILCS 5/1-106.5 new)
 4        Sec. 1-106.5.  Bumper.  Every device or system of devices
 5    protruding from and attached to the front and rear of a motor
 6    vehicle that has been designed  to  be  used  to  absorb  the
 7    impact of a collision.
 8        (625  ILCS  5/1-111.1a, formerly 5/1-171.01) (from Ch. 95
 9    1/2, par. 1-171.01)
10        Sec. 1-111.1a. 1-171.01.  Charitable vehicle.
11        (a)  Any vehicle that is exclusively owned  and  operated
12    by  a religious or charitable not-for-profit organization and
13    is used primarily in conducting the  official  activities  of
14    such organization.
15        (b)  This definition does not include:
16             (1)  a  bus  operated by a public utility, municipal
17        corporation or common carrier authorized to conduct local
18        or interurban transportation of passengers when such  bus
19        is  on a regularly scheduled route for the transportation
20        of other fare paying  passengers  or  furnishing  charter
21        service for the transportation of groups on special trips
22        or  in  connection  with  special  events  and not over a
23        regular or customary religious organization bus route;
24             (2)  a school bus as defined  in  Section  1-182  of
25        this Code; or
26             (3)  a  First Division vehicle as defined in Section
27        1-217  of  this  Code;  except  that  for   purposes   of
28        determining  the  number of persons a vehicle is designed
29        to carry, in  any  vehicle  equipped  with  one  or  more
30        wheelchair  tiedowns,  each  wheelchair  tiedown shall be
31        counted as 4 persons.
32    (Source: P.A. 87-1025.)
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 1        (625 ILCS 5/1-111.1b, formerly 5/1-110.1)  (from  Ch.  95
 2    1/2, par. 1-110.1)
 3        Sec.   1-111.1b.   1-110.1.    Chassis.  Every  frame  or
 4    supportive  element  of  a   vehicle   whether   or   not   a
 5    manufacturer's identification number, serial number, or other
 6    identifying numbers are present on said part.
 7    (Source: P.A. 83-831.)
 8        (625  ILCS  5/1-111.1c,  formerly  5/1-110a) (from Ch. 95
 9    1/2, par. 1-110a)
10        Sec. 1-111.1c. 1-110a.  Chassis manufacturer.   A  person
11    who manufactures and produces the frame upon which is mounted
12    the body of a motor vehicle.
13    (Source: P.A. 86-971.)
14        (625 ILCS 5/1-111.4 new)
15        Sec.    1-111.4.     Commerce.    Trade,   commerce,   or
16    transportation.
17        (625 ILCS 5/1-111.5 new)
18        Sec. 1-111.5.  Commercial driver instruction  permit.   A
19    permit issued pursuant to Section 6-508 of this Code.
20        (625 ILCS 5/1-111.6 new)
21        Sec.  1-111.6.   Commercial  driver's  license  (CDL).  A
22    driver's  license  issued  by  a  state  to  a  person   that
23    authorizes that person to drive a certain class of commercial
24    motor vehicle or vehicles.
25        (625 ILCS 5/1-111.7 new)
26        Sec.  1-111.7.   Commercial  driver  license  information
27    system (CDLIS).  The information system established, pursuant
28    to  the  Commercial  Motor Vehicle Safety Act of 1986 (CMVSA)
29    (49 U.S.C. 2701 et seq.), to serve  as  a  clearinghouse  for
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 1    locating   information   related   to   the   licensing   and
 2    identification of commercial motor vehicle drivers.
 3        (625  ILCS 5/1-111.8, formerly 5/1-114) (from Ch. 95 1/2,
 4    par. 1-114)
 5        Sec. 1-111.8.  1-114.  Commercial  vehicle.  Any  vehicle
 6    operated for the transportation of persons or property in the
 7    furtherance  of  any  commercial  or  industrial  enterprise,
 8    For-Hire or Not-For-Hire, but not including a commuter van, a
 9    vehicle used in a ridesharing arrangement when being used for
10    that  purpose,   or  a  recreational  vehicle  not being used
11    commercially.
12    (Source: P.A. 83-1091.)
13        (625 ILCS 5/1-111.9, formerly  5/1-114.1)  (from  Ch.  95
14    1/2, par. 1-114.1)
15        Sec.  1-111.9.  1-114.1.   Commuter van.  A motor vehicle
16    designed for the transportation of not less than 7  nor  more
17    than  16  passengers,  which  is:  (1)  used in a ridesharing
18    arrangement; or (2) owned or leased by  or  on  behalf  of  a
19    company  or  an  employee  organization  and  operated  on  a
20    non-profit  basis  with  the  primary purpose of transporting
21    employees of the company between the employees' homes and the
22    company's  place  of  business  or  a  public  transportation
23    station  and  in   which   the   operating,   administrative,
24    maintenance   and  reasonable  depreciation  costs  are  paid
25    principally by the persons utilizing the commuter van.
26    (Source: P.A. 84-603.)
27        (625 ILCS 5/1-112.2) (from Ch. 95 1/2, par. 1-112.2)
28        Sec. 1-112.2.  Converter or second stage manufacturer.  A
29    person who prior to the  retail  sale  of  a  motor  vehicle,
30    assembles,  installs  or  affixes  a  body,  cab,  or special
31    equipment to a chassis,  or  who  adds,  subtracts  from,  or
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 1    modifies   a   previously  assembled  or  manufactured  motor
 2    vehicle, commonly known as a second stage manufacturer.
 3    (Source: P.A. 86-971.)
 4        (625 ILCS 5/1-112.5, formerly  5/1-114.2)  (from  Ch.  95
 5    1/2, par. 1-114.2)
 6        Sec. 1-112.5. 1-114.2.  Counterfeit.  To copy or imitate,
 7    without  legal  authority,  with  the  intent of deceiving or
 8    defrauding.
 9    (Source: P.A. 83-1473.)
10        (625 ILCS 5/1-112.7 new)
11        Sec. 1-112.7.  Court.  A court of law, traffic  tribunal,
12    or circuit court of Illinois, including a judge of a court of
13    law, traffic tribunal, or circuit court of Illinois.
14        (625 ILCS 5/1-115.05 new)
15        Sec.    1-115.05.    Department.    The   Department   of
16    Transportation of the State of Illinois, acting  directly  or
17    through  its duly authorized officers and agents, except that
18    in Chapter 5 and Articles X and XI of Chapter 3 of this Code,
19    "Department" means the Department of Revenue of the State  of
20    Illinois.
21        (625 ILCS 5/1-115.07 new)
22        Sec.   1-115.07.    Derelict  vehicle.   Any  inoperable,
23    unregistered, discarded motor vehicle, regardless  of  title,
24    having  lost its character as a substantial property and left
25    unattended without justification on the owner's land contrary
26    to the public policy expressed in Section 4-301 of this Code.
27        (625 ILCS 5/1-115.3 new)
28        Sec. 1-115.3.  Disqualification.   A  withdrawal  of  the
29    privilege to drive a commercial motor vehicle.
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 1        (625 ILCS 5/1-115.5 new)
 2        Sec.  1-115.5.   Domicile.   A true, fixed, and permanent
 3    legal home of a person or  the  place  to  which  the  person
 4    intends   to   return  even  though  the  person  may  reside
 5    elsewhere.  As a further explanation, "A person may have more
 6    than one residence but only one domicile".
 7        (625 ILCS 5/1-115.6 new)
 8        Sec. 1-115.6.  Domiciliary.  A person who is domiciled.
 9        (625 ILCS 5/1-115.8 new)
10        Sec. 1-115.8.   Drive.   To  drive,  operate,  or  be  in
11    physical control of a motor vehicle.
12        (625 ILCS 5/1-117.5 new)
13        Sec.   1-117.5.    Driver's   license  or  permit  making
14    implement.  Any implement  specially  designed  or  primarily
15    used  in  the  manufacture, assembly, or authentication of an
16    official driver's license or permit issued by  the  Secretary
17    of State or other official driver's license agency in another
18    jurisdiction.   These implements include, but are not limited
19    to, cameras  used  for  creating  driver's  license  captured
20    images,   camera   cards,   or  driver's  license  or  permit
21    laminates.
22        (625 ILCS 5/1-119.3 new)
23        Sec. 1-119.3.  Expressway.  A freeway with  full  control
24    access and with grade separations at intersections.
25        (625 ILCS 5/1-119.6 new)
26        Sec.    1-119.6.     Farm    to    market    agricultural
27    transportation.   The operation of a motor vehicle controlled
28    and operated by a farmer who is a private  motor  carrier  of
29    property,  who is using the vehicle to transport agricultural
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 1    products to or from a farm  operated  by  the  farmer  or  to
 2    transport  farm  machinery or farm supplies to or from a farm
 3    operated by the farmer, and who is not using  the  commercial
 4    vehicle  to  transport  hazardous  materials  of  a  type  or
 5    quantity  that  requires  the  vehicle  to  be  placarded  in
 6    accordance    with    the    Illinois   Hazardous   Materials
 7    Transportation Act.
 8        (625 ILCS 5/1-120.5 new)
 9        Sec. 1-120.5.  Fifth wheel assembly.  A  coupling  device
10    connecting  2 or more vehicles operating in combination.  The
11    lower half of a fifth  wheel  assembly  mounted  on  a  truck
12    tractor  or  converter  dolly must be secured to the frame of
13    that  vehicle  with  properly  designed  brackets,   mounting
14    plates,  or  angles  and properly tightened bolts of adequate
15    size and grade or devices that provide  equivalent  security.
16    The  installation  shall  not  cause  cracking,  warping,  or
17    deformation  of  the frame.  The installation shall include a
18    device for positively preventing the lower half of the  fifth
19    wheel  assembly  from  shifting  on  the frame to which it is
20    attached.
21        The upper half of a fifth wheel assembly must be fastened
22    to the motor vehicle with at least the same security required
23    for the installation of the lower half on a truck tractor  or
24    converter dolly.
25        Every   fifth   wheel   assembly  shall  have  a  locking
26    mechanism.  The locking mechanism and  any  adapter  used  in
27    conjunction  with it must prevent separation of the upper and
28    lower halves of the fifth wheel assembly  unless  a  positive
29    manual  release  is activated.  The release may be located so
30    that the driver can operate it from  the  cab.   If  a  motor
31    vehicle  has  a fifth wheel assembly designed and constructed
32    to be readily separable, the  fifth  wheel  assembly  locking
33    devices shall apply automatically on coupling.
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 1        The lower half of a fifth wheel assembly shall be located
 2    so   that,  regardless  of  the  condition  of  loading,  the
 3    relationship between the kingpin and the rear axle  or  axles
 4    of  the  towing  motor  vehicle  will properly distribute the
 5    gross weight of both the towed and  towing  vehicles  on  the
 6    axles  of  those vehicles, will not unduly interfere with the
 7    steering,  braking,  and  other  maneuvering  of  the  towing
 8    vehicle,  and  will  not  otherwise  contribute   to   unsafe
 9    operation  of  the  vehicles comprising the combination.  The
10    upper half of a fifth wheel assembly shall be located so that
11    the weight of the vehicles is properly distributed  on  their
12    axles  and  the  combination  of vehicles will operate safely
13    during normal operation.
14        (625 ILCS 5/1-122.5, formerly 5/1-124) (from Ch. 95  1/2,
15    par. 1-124)
16        Sec. 1-122.5. 1-124. For-hire. The operation of a vehicle
17    for  compensation  and  subject  to federal regulation by the
18    Interstate Commerce Commission or to state regulation by  the
19    Illinois  Commerce  Commission and those vehicles governed by
20    Chapters 8 and  9  under  this  Code  and  regulated  by  the
21    Secretary of State.
22    (Source: P.A. 86-880.)
23        (625 ILCS 5/1-122.7 new)
24        Sec.  1-122.7.   For-profit ridesharing arrangement.  The
25    transportation by motor vehicle of not more than 16  persons,
26    including   the  driver,  for  which  a  fee  is  charged  in
27    accordance with Section 6  of  the  Ridesharing  Arrangements
28    Act.
29        (625 ILCS 5/1-123.3 new)
30        Sec.  1-123.3.   Frame.  The main longitudinal structural
31    members of the chassis of the vehicle or, for  vehicles  with
HB0288 Engrossed            -12-              LRB9000475NTsbB
 1    unitized  body  construction,  the  lowest  main longitudinal
 2    structural members of the body of the vehicle.
 3        (625 ILCS 5/1-123.4 new)
 4        Sec. 1-123.4.  Fraudulent  driver's  license  or  permit.
 5    Any  license  or  permit  that  purports  to  be  an official
 6    driver's license or permit for which  a  computerized  number
 7    and  file  have not been created by the Secretary of State or
 8    other   official   driver's   license   agency   in   another
 9    jurisdiction.
10        (625 ILCS 5/1-123.5 new)
11        Sec. 1-123.5.  Freeway.  A highway or  street  especially
12    designed  for  through  traffic  and  to, from, or over which
13    owners of or persons having an interest in abutting  land  or
14    other  persons  have  no  right or easement or only a limited
15    right or easement of access, crossing, light, air, or view by
16    reason of the fact that the property abuts upon  the  highway
17    or street or for any other reason.
18        (625 ILCS 5/1-123.7 new)
19        Sec.  1-123.7.  Garbage.  Any material or load consisting
20    of waste from the facilities of the generator  of  the  waste
21    when  transported for disposal or to a permitted recycling or
22    waste processing facility  when  the  generator  receives  no
23    direct  or indirect compensation from anyone for the material
24    or load and when transported by a  truck  specially  equipped
25    with  a  selfcompactor  or  an  industrial roll-off hoist and
26    roll-off container.
27        (625 ILCS 5/1-124.5 new)
28        Sec. 1-124.5.  Gross Vehicle Weight Rating  (GVWR).   The
29    value  specified  by the manufacturer or manufacturers as the
30    maximum loaded weight of a single vehicle.   The  GVWR  of  a
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 1    combination  of  vehicles (commonly referred to as the "Gross
 2    Combination Weight Rating" or GCWR) is the GVWR of the  power
 3    unit  plus  the  GVWR  of  the  towed  unit or units.  In the
 4    absence of a value specified by  the  manufacturer,  GCWR  is
 5    determined by adding the GVWR of the power unit and the total
 6    weight of the towed unit and any load on the unit.
 7        (625 ILCS 5/1-125.7 new)
 8        Sec.  1-125.7.  Headset receiver.  Any device, other than
 9    a hearing aid, designed to be worn on a  person's  head  that
10    enables   the   wearer   to   hear   or   receive  electronic
11    communications.
12        (625 ILCS 5/1-133.05 new)
13        Sec. 1-133.05.   Interstate  carrier  of  property.   Any
14    person  who is engaged in the transportation of property only
15    by motor vehicle in whole or in part in interstate or foreign
16    commerce in this  State  either  with  or  without  authority
17    issued from the Interstate Commerce Commission.
18        (625 ILCS 5/1-136.5 new)
19        Sec.    1-136.5.  Law    enforcement    agency.     Every
20    governmental  enforcement  agency or officer having authority
21    to enforce the provisions of this  Act  or  applicable  local
22    vehicle ordinances.
23        (625 ILCS 5/1-140.5 new)
24        Sec.  1-140.5.  Local  mass transit system.  An organized
25    system providing passenger transportation over regular routes
26    within a designated municipality or area.
27        (625 ILCS 1-142.05 new)
28        Sec.  1-142.05.  Maxi-cube  vehicle.   A  combination  of
29    vehicles consisting of a truck-tractor, upon which is mounted
HB0288 Engrossed            -14-              LRB9000475NTsbB
 1    a separable cargo carrying semi-trailer, and a trailing  unit
 2    that is attached by a pintle hook or similar connection, with
 3    the  separable  cargo carrying semi-trailer designed so as to
 4    be loaded and unloaded through the trailing unit, except that
 5    the entire combination shall not exceed 65 feet in length and
 6    that neither the semi-trailer nor the trailing  unit  in  the
 7    combination shall by itself exceed 34 feet in length.
 8        (625 ILCS 5/1-142.1a new)
 9        Sec. 1-142.1a.  Medical examiner or medical practitioner.
10    Any  person licensed to practice medicine in all its branches
11    in the State of Illinois.
12        (625 ILCS 5/1-142.1b new)
13        Sec.  1-142.1b.  Medical  limitation  or  condition.    A
14    scientifically recognized condition that may medically impair
15    a person's physical or mental health to the extent the person
16    is unable to safely operate a motor vehicle.
17        (625 ILCS 5/1-144.05 new)
18        Sec. 1-144.05.  Model year.  The year of manufacture of a
19    vehicle  based  upon  the  annual  production  period  of the
20    vehicle as designated by the manufacturer  and  indicated  on
21    the   title   and   registration  of  the  vehicle.   If  the
22    manufacturer does not designate a production period  for  the
23    vehicle,  then  "model  year"  means  the  calendar  year  of
24    manufacture.
25        (625  ILCS 1-145.001, formerly 5/1-148) (from Ch. 95 1/2,
26    par. 1-148)
27        Sec.  1-145.001.  1-148.  Motor   driven   cycle.   Every
28    motorcycle  and  every motor scooter with less than 150 cubic
29    centimeter   piston    displacement    including    motorized
30    pedalcycles.
HB0288 Engrossed            -15-              LRB9000475NTsbB
 1    (Source: P.A. 80-262.)
 2        (625 ILCS 5/1-148.3a new)
 3        Sec. 1-148.3a.  Muffler.  A device consisting of a series
 4    of  chambers  or baffle plates or other mechanical design for
 5    the  purpose  of  receiving  exhaust  gas  from  an  internal
 6    combustion engine  or  turbine  wheels  for  the  purpose  of
 7    receiving  exhaust gas from a diesel engine, all of which are
 8    effective in reducing noise.
 9        (625 ILCS 5/1-148.3b, formerly 5/1-148.1)  (from  Ch.  95
10    1/2, par. 1-148.1)
11        Sec. 1-148.3b. 1-148.1. Multipurpose passenger vehicle. A
12    motor  passenger carrying vehicle with motive power, except a
13    trailer, designed to carry 10 persons or less that  which  is
14    constructed  either  on  a  truck  chassis  or  with  special
15    features for occasional off-road operation.
16    (Source: P.A. 78-343.)
17        (625  ILCS  5/148.6,  formerly 5/1-151) (from Ch. 95 1/2,
18    par. 1-151)
19        Sec. 1-148.6. 1-151. Noncommercial vehicle.  Any  vehicle
20    that is not a commercial vehicle.
21    (Source: P.A. 76-1586.)
22        (625 ILCS 5/1-148.8 new)
23        Sec.  1-148.8.  Nondivisible  load or vehicle.  A load or
24    vehicle that when separated into smaller  loads  or  vehicles
25    further dismantling would:
26        (1)  Compromise  the  intended use of the load or vehicle
27    or make it unable to perform the function for  which  it  was
28    intended.
29        (2)  Destroy  the value of the load or vehicle or make it
30    unusable for its intended purpose.
HB0288 Engrossed            -16-              LRB9000475NTsbB
 1        (3)  Require more than 8 work hours  to  dismantle  using
 2    appropriate equipment.  The applicant for a nondivisible load
 3    has  the  burden  of  proof  as  to  the number of work hours
 4    required to dismantle the load.
 5        (625 ILCS 5/1-154.5 new)
 6        Sec.   1-154.5.  Out-of-service   order.    A   temporary
 7    prohibition against driving a commercial motor vehicle.
 8        (625 ILCS 5/1-154.7 new)
 9        Sec. 1-154.7.  Out-of-state  salvage  vehicle  buyer.   A
10    person  who  is  licensed  in  another  state for the primary
11    purpose of acquiring salvage vehicles and who  is  issued  an
12    out-of-state  salvage  vehicle buyer's identification card in
13    this State for the sole purpose of acquiring salvage vehicles
14    and taking them out of state.
15        (625 ILCS 5/1-155.5 new)
16        Sec.  1-155.5.  Owner-operator.    A   commercial   motor
17    vehicle  lessor who leases the commercial motor vehicle, with
18    driver, to a lessee.
19        (625 ILCS 5/1-156.5 new)
20        Sec. 1-156.5.  Park district.  Any park  district  formed
21    under  the  Park  District  Code  or  any Submerged Land Park
22    District as that term is defined in subsection (c) of Section
23    1-3 of the Park District Code.
24        (625 ILCS 5/1-158.5, formerly 5/1-300) (from Ch. 95  1/2,
25    par. 1-300)
26        Sec.  1-158.5. 1-300. Penalties and offenses-definitions.
27    The following words and phrases when used in this Act,  shall
28    for  the  purposes of this Act, have the meanings ascribed to
29    them in Article V of the "Unified Code  of  Corrections",  as
HB0288 Engrossed            -17-              LRB9000475NTsbB
 1    now or hereafter amended:
 2        Business Offense;
 3        Conviction;
 4        Court;
 5        Felony;
 6        Class 1 Felony;
 7        Class 2 Felony;
 8        Class 3 Felony;
 9        Class 4 Felony;
10        Imprisonment;
11        Judgment;
12        Misdemeanor;
13        Class A Misdemeanor;
14        Class B Misdemeanor;
15        Class C Misdemeanor;
16        Offense;
17        Petty Offense;
18        Sentence.
19    (Source: P.A. 78-142.)
20        (625 ILCS 5/1-162) (from Ch. 95 1/2, par. 1-162)
21        Sec.  1-162.  Police officer. Every officer authorized to
22    direct or regulate traffic  or  to  make  arrests  and  issue
23    citations for violations of traffic regulations.
24    (Source: P.A. 76-1586.)
25        (625  ILCS 5/1-162.5, formerly 5/1-164) (from Ch. 95 1/2,
26    par. 1-164)
27        1-162.5. Sec. 1-164. Principal  place  of  business.  The
28    place  where  any person transacts his principal business, or
29    where he makes up  and  approves  his  payroll,  maintains  a
30    central file of records and maintains his principal executive
31    offices.  In  the  event  that not all of these functions are
32    performed in one place, then that place where a  majority  of
HB0288 Engrossed            -18-              LRB9000475NTsbB
 1    such  functions  are performed or the place where such person
 2    does in fact principally transact and  control  his  business
 3    affairs.
 4    (Source: P.A. 76-1586.)
 5        (625 ILCS 5/1-164.5 new)
 6        Sec.  1-164.5.  Proof of financial responsibility.  Proof
 7    of ability to respond in damages for any liability thereafter
 8    incurred resulting from the ownership,  maintenance,  use  or
 9    operation of a motor vehicle for bodily injury to or death of
10    any  person  in  the  amount  of $20,000, and subject to this
11    limit for any one person injured or killed, in the amount  of
12    $40,000 for bodily injury to or death of 2 or more persons in
13    any one accident, and for damage to property in the amount of
14    $15,000 resulting from any one accident.  This proof in these
15    amounts  shall be furnished for each motor vehicle registered
16    by every person required to furnish this proof.
17        (625 ILCS 5/1-164.7 new)
18        Sec.  1-164.7.  Public  utility.   Each   firm   lawfully
19    licensed   and   engaged   in   any  of  the  following:  the
20    transmission  of  telegraphic  or  telephonic  messages;  the
21    production,  storage,   transmission,   distribution,   sale,
22    delivery,   or   furnishing  of  heat,  cold,  light,  power,
23    electricity, gas, or  water;  the  disposal  of  sewage;  the
24    conveyance  of  oil or gas by pipeline; the drilling of water
25    wells; or the installation or repair of facilities for any of
26    these foregoing activities.
27        (625 ILCS 5/1-168.05 new)
28        Sec.  1-168.05.  Rebuilder.   A  person  who  is  in  the
29    business  of  returning  a  vehicle  for  which   a   salvage
30    certificate  has  been previously issued back to its original
31    or operating condition.
HB0288 Engrossed            -19-              LRB9000475NTsbB
 1        (625 ILCS 5/1-168.5 new)
 2        Sec. 1-168.5.  Recognized repair  technician.   A  person
 3    professionally engaged in vehicle repair, employed by a going
 4    concern  whose  purpose  is  vehicle  repair,  or  possessing
 5    nationally   recognized  certification  for  emission-related
 6    diagnosis and repair.
 7        (625 ILCS 5/1-169.5 new)
 8        Sec. 1-169.5.  Refuse.  Any material or  load  consisting
 9    of  waste  from  the facilities of the generator of the waste
10    when transported for disposal or to a permitted recycling  or
11    waste  processing  facility  when  the  generator receives no
12    direct or indirect compensation from anyone for the  material
13    or  load  and  when transported by a truck specially equipped
14    with a selfcompactor or  an  industrial  roll-off  hoist  and
15    roll-off container.
16        (625 ILCS 5/1-171.01a new)
17        Sec.  1-171.01a.  Remittance  agent.  For the purposes of
18    Article IX of Chapter 3, the term  "remittance  agent"  means
19    any  person who holds himself or herself out to the public as
20    being engaged in  or  who  engages  in  accepting  money  for
21    remittance   to   the   State  of  Illinois  or  any  of  its
22    instrumentalities or political subdivisions,  or  to  any  of
23    their  officials, for the payment of vehicle taxes or vehicle
24    license or registration fees regardless of when the money  is
25    accepted from the public or remitted to the State, whether or
26    not  the  person renders any other service in connection with
27    the making of any such remittance or is engaged in any  other
28    endeavor.   The  term "remittance agent" does not include any
29    licensed dealer in  motor  vehicles  who  accepts  money  for
30    remittance  to  the  State  of  Illinois  for  the payment of
31    vehicle taxes or vehicle licenses or registration fees as  an
32    incident to his or her business as a motor vehicle dealer.
HB0288 Engrossed            -20-              LRB9000475NTsbB
 1        (625 ILCS 5/1-171.01b new)
 2        Sec.   1-171.01b.  Remittee.    The   State  of  Illinois
 3    location where the remittance  agent  brings  the  money  and
 4    application  he  or  she  receives  from  the  general public
 5    (remitter) to be processed by the State of Illinois.
 6        (625 ILCS 5/1-171.01c new)
 7        Sec. 1-171.01c.  Remitter.  Any person who gives money to
 8    a remittance agent to submit to the State of Illinois and its
 9    licensing and taxing agencies  for  the  payment  of  vehicle
10    taxes or vehicle license and registration fees.
11        (625 ILCS 5/1-171.3 new)
12        Sec. 1-171.3.  Repairer.  A person who is in the business
13    of  returning  a  vehicle  other  than  a vehicle for which a
14    salvage certificate has been issued back to its  original  or
15    operating  condition  by  restoring,  mending, straightening,
16    replacing, altering, or painting its essential parts.
17        (625 ILCS 5/1-171.6, formerly 5/1-222) (from Ch. 95  1/2,
18    par. 1-222)
19        Sec.   1-171.6.   1-222.    Rescue  squad.   A  voluntary
20    association of individuals or a fire department dedicated  to
21    saving  lives  through  the  rescue  of  persons entrapped in
22    wrecked  vehicles  or  other  hazardous   circumstances   and
23    associated with some unit of government.
24    (Source: P.A. 79-537.)
25        (625  ILCS 5/1-171.8, formerly 5/1-224) (from Ch. 95 1/2,
26    par. 1-224)
27        Sec. 1-171.8. 1-224.  Rescue vehicle.   Any  publicly  or
28    privately  owned  vehicle  which  is  specifically  designed,
29    configured,  and  equipped  for the performance of access and
30    extrication of persons  from  hazardous  or  life-endangering
HB0288 Engrossed            -21-              LRB9000475NTsbB
 1    situations,  as  well  as for the emergency transportation of
 2    persons  who  are  sick,  injured,   wounded   or   otherwise
 3    incapacitated or helpless.
 4    (Source: P.A. 82-433.)
 5        (625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
 6        Sec. 1-176.1. Ridesharing arrangement. The transportation
 7    by  motor  vehicle of not more than 16 persons, including the
 8    driver, (1) for purposes incidental to another purpose of the
 9    driver, for which  no  fee  is  charged  or  paid  except  to
10    reimburse  the  driver or owner of the vehicle for his or her
11    operating expenses on a nonprofit basis  or  (2)  when  these
12    persons are traveling between their homes and their places of
13    employment,  or  places  reasonably  convenient  thereto, for
14    which (i) no fee is charged or paid except to  reimburse  the
15    driver  or  owner  of  the  vehicle  for his or her operating
16    expenses on a nonprofit basis or (ii) a  fee  is  charged  in
17    accordance  with  the provisions of Section 6 of "Ridesharing
18    arrangement" and "for-profit ridesharing  arrangement"  shall
19    have  the  meanings  ascribed  to  them  in  the  Ridesharing
20    Arrangements Act.
21    (Source: P.A. 83-1091.)
22        (625 ILCS 5/1-179.5 new)
23        Sec. 1-179.5.  Rooftop.  The major uppermost portion of a
24    bus body that is flat in a fore and aft direction.
25        (625 ILCS 5/1-180.5 new)
26        Sec.  1-180.5.  Safety  glazing  material.   Any  glazing
27    material  so  constructed,  treated,  or  combined with other
28    materials as to  reduce  substantially,  in  comparison  with
29    ordinary sheet glass or plate glass, the likelihood of injury
30    to  persons  by  objects  from  exterior  sources or by these
31    safety glazing materials when they may be cracked or broken.
HB0288 Engrossed            -22-              LRB9000475NTsbB
 1        (625 ILCS 5/1-182.3 new)
 2        Sec. 1-182.3.  Scrap processor. A person who purchases  a
 3    vehicle,  junk vehicle, or vehicle cowl for processing into a
 4    form other than a vehicle, junk vehicle, or vehicle cowl  for
 5    remelting  purposes  only, who from a fixed location utilizes
 6    machinery  and  equipment  for  processing  or  manufacturing
 7    ferrous or nonferrous metallic scrap  into  prepared  grades,
 8    and whose principal product is metallic scrap and who records
 9    the purchases on a weight ticket.
10        (625 ILCS 5/1-182.6 new)
11        Sec.  1-182.6.  Seat  safety  belts.  A set of belts or a
12    harness  meeting  the  specifications  established   by   the
13    Department  of Transportation and installed in such manner as
14    to prevent or materially reduce the movement  of  the  person
15    using the belts or harness in the event of collision or upset
16    of the vehicle.
17        (625 ILCS 5/1-182.8 new)
18        Sec. 1-182.8.  Second stage manufacturer or converter.  A
19    person  who  prior  to  the  retail  sale of a motor vehicle,
20    assembles, installs  or  affixes  a  body,  cab,  or  special
21    equipment  to  a  chassis,  or  who  adds, subtracts from, or
22    modifies  a  previously  assembled  or   manufactured   motor
23    vehicle.
24        (625 ILCS 5/1-183) (from Ch. 95 1/2, par. 1-183)
25        Sec. 1-183. Secretary. The Illinois Secretary of State or
26    his or her designee of Illinois.
27    (Source: P.A. 76-1586.)
28        (625 ILCS 5/1-186.5 new)
29        Sec. 1-186.5.  Selling price.  The consideration received
30    for  a  motor  vehicle  subject to the tax imposed by Section
HB0288 Engrossed            -23-              LRB9000475NTsbB
 1    3-1001  valued  in  money,  whether  received  in  money   or
 2    otherwise, including cash, credits, service, or property.  In
 3    the   case   of   gifts   or   transfers  without  reasonable
 4    consideration, "selling price" shall be deemed to be the fair
 5    market value as determined by the Department of Revenue.
 6        (625 ILCS 5/1-190.05 new)
 7        Sec. 1-190.05.  Special hauling vehicle.   A  vehicle  or
 8    combination  of  vehicles transporting asphalt or concrete in
 9    the plastic state or a vehicle  or  combination  of  vehicles
10    that  is subject to the weight limitations in subsections (a)
11    and (b) of Section 15-111 for which the owner of the  vehicle
12    or  combination  of  vehicles has elected to pay, in addition
13    to the registration fees stated in subsection (a) or  (c)  of
14    Section  3-815  or  Section  3-818,  $100 to the Secretary of
15    State for each registration year.
16        (625 ILCS 5/1-197.5, formerly  5/1-203.1)  (from  Ch.  95
17    1/2, par. 1-203.1)
18        Sec.  1-197.5.  1-203.1.   Statutory  summary  alcohol or
19    other drug related suspension of  driver's  privileges.   The
20    withdrawal  by  the  circuit  court  of a person's license or
21    privilege to operate a motor vehicle on the  public  highways
22    for  the  periods provided in Section 6-208.1.  Reinstatement
23    after the suspension period shall occur after all appropriate
24    fees have been paid, unless the court notifies the  Secretary
25    of  State  that  the person should be disqualified. The bases
26    for this  withdrawal  of  driving  privileges  shall  be  the
27    individual's  refusal  to  submit to or failure to complete a
28    chemical test or tests following an arrest for the offense of
29    driving under the influence of alcohol  or  other  drugs,  or
30    both,  or  submission  to  such a test or tests indicating an
31    alcohol concentration of 0.10 or more as provided in  Section
32    11-501.1 of this Code.
HB0288 Engrossed            -24-              LRB9000475NTsbB
 1    (Source: P.A. 84-1394.)
 2        (625 ILCS 5/1-202.5 new)
 3        Sec. 1-202.5.  Strobe lamp.  A vehicular signaling device
 4    that  generates  flashes  of  light  by inducing intermittent
 5    flows of electricity through a gas.
 6        (625 ILCS 5/1-204.05 new)
 7        Sec. 1-204.05.  Suspension system.  The system of devices
 8    consisting of but not limited to  springs,  spring  shackles,
 9    shock   absorbers,  torsion  bars,  a  frame,  or  any  other
10    supporting members used to attach the body of a motor vehicle
11    to its axles.
12        (625 ILCS 5/1-204.3 new)
13        Sec. 1-204.3.  Tandem axles.  Any 2 or more single  axles
14    whose  centers  are  more than 40 inches and not more than 96
15    inches apart, measured to the nearest  inch  between  extreme
16    axles in the series, except as provided in Section 15-111 for
17    special hauling vehicles.
18        (625 ILCS 5/1-204.4 new)
19        Sec.   1-204.4.   Tank  vehicle.   Any  commercial  motor
20    vehicle that is designed to transport any liquid  or  gaseous
21    material   within  a  tank  that  is  either  permanently  or
22    temporarily attached to the vehicle or  the  chassis.   Those
23    vehicles  include,  but  are  not limited to, cargo tanks and
24    portable tanks, as defined in 49 C.F.R. Part  171.   However,
25    for the purposes of Article V of Chapter 6 of this Code, this
26    definition  does  not  include  portable tanks having a rated
27    capacity of less than 1,000 gallons.
28        (625 ILCS 5/1-205.01) (from Ch. 95 1/2, par. 1-205.01)
29        Sec. 1-205.01.  Tollroad or toll highway.   All  highways
HB0288 Engrossed            -25-              LRB9000475NTsbB
 1    under  the  jurisdiction  of  the Illinois State Toll Highway
 2    Authority.
 3    (Source: P.A. 85-830.)
 4        (625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
 5        Sec. 1-205.1. Tow-Truck. Every truck designed or  altered
 6    and  equipped  for and used to push, tow, carry upon, or draw
 7    vehicles by means of  a  crane,  hoist,  towbar,  towline  or
 8    auxiliary  axle,  or  carried  upon  to  render assistance to
 9    disabled vehicles, except for any truck  tractor  temporarily
10    converted  to a tow truck by means of a portable wrecker unit
11    attached to the fifth wheel of the  truck  tractor  and  used
12    only by the owner to tow a disabled vehicle also owned by him
13    or her and never used for hire.
14    (Source: P.A. 89-245, eff. 1-1-96.)
15        (625 ILCS 5/1-209.5 new)
16        Sec.  1-209.5.   Transportation.   The actual movement of
17    property  or  passengers  by  motor  vehicle,  together  with
18    loading, unloading, and any other  accessorial  or  ancillary
19    service  provided  by the carrier in connection with movement
20    by motor vehicle.
21        (625 ILCS 5/1-212.5, formerly  5/1-211.1)  (from  Ch.  95
22    1/2, par. 1-211.1)
23        Sec.  1-212.5. 1-211.1. Truckster. Every motor vehicle or
24    motorcycle  with  3  wheels  designed,  used  or   maintained
25    primarily for the transportation of property.
26    (Source: P.A. 77-1633.)
27        (625 ILCS 5/1-213.4 new)
28        Sec.  1-213.4.   Type  I school bus.  A school bus with a
29    Gross Vehicle Weight Rating more than 10,000 pounds.
HB0288 Engrossed            -26-              LRB9000475NTsbB
 1        (625 ILCS 5/1-213.5 new)
 2        Sec. 1-213.5.  Type II school bus.  A school bus  with  a
 3    Gross Vehicle Weight Rating of 10,000 pounds or less.
 4        (625  ILCS  5/1-214.8,  formerly  5/1-214.1) (from Ch. 95
 5    1/2, par. 1-214.1)
 6        Sec. 1-214.8. 1-214.1. Urban area. An urban area  is  any
 7    incorporated  or  unincorporated area developed primarily for
 8    residential and/or business purposes.
 9    (Source: P.A. 77-58.)
10        (625 ILCS 5/1-218.5 new)
11        Sec. 1-218.5.  Verified evidence.   A  document  that  is
12    confirmed  or  substantiated  by a sworn report or any public
13    record received from a court of competent jurisdiction.
14        (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
15        Sec. 2-105.  Offices of Secretary of State. The Secretary
16    of State shall maintain offices in the State capital  and  in
17    such  other  places  in the State as he may deem necessary to
18    properly carry out the powers and duties vested in him.
19        The Secretary of State may construct  and  equip  one  or
20    more buildings in the State of Illinois outside of the County
21    of  Sangamon  as he deems necessary to properly carry out the
22    powers and duties vested in him. The Secretary of State  may,
23    on behalf of the State of Illinois, acquire public or private
24    property  needed  therefor  by  lease,  purchase  or  eminent
25    domain.  The  care,  custody  and  control  of such sites and
26    buildings  constructed  thereon  shall  be  vested   in   the
27    Secretary  of  State.  Expenditures  for the construction and
28    equipping of any of such buildings  upon  premises  owned  by
29    another  public entity shall not be subject to the provisions
30    of any State law requiring that  the  State  be  vested  with
31    absolute  fee  title  to  the  premises.  The exercise of the
HB0288 Engrossed            -27-              LRB9000475NTsbB
 1    authority vested in the Secretary of State by this Section is
 2    subject to the appropriation of the necessary funds.
 3        Pursuant to Sections 4-6.2, 5-16.2,  and  6-50.2  of  The
 4    Election  Code,  the  Secretary  of  State  shall make driver
 5    services facilities drivers license exam  stations  available
 6    for  use  as  temporary places of registration.  Registration
 7    within the offices shall be in the most public,  orderly  and
 8    convenient  portions  thereof, and Section 4-3, 5-3, and 11-4
 9    of The Election Code relative to  the  attendance  of  police
10    officers  during  the  conduct  of  registration shall apply.
11    Registration under this Section shall be made in  the  manner
12    provided  by  Sections  4-8,  4-10, 5-7, 5-9, 6-34, 6-35, and
13    6-37 of The Election Code.
14        Within  30  days  after  the  effective  date   of   this
15    amendatory  Act of 1990, and no later than November 1 of each
16    even-numbered year thereafter, the Secretary of State, to the
17    extent  practicable,  shall  designate   to   each   election
18    authority  in  the  State a reasonable number of employees at
19    each driver services facility  driver's  license  examination
20    station  registered  to  vote within the jurisdiction of such
21    election authority and within adjacent election jurisdictions
22    for  appointment  as  deputy  registrars  by   the   election
23    authority  located within the election jurisdiction where the
24    employees maintain their residences.  Such designation  shall
25    be in writing and certified by the Secretary of State.
26        Each  person  applying  at  a  driver  services  facility
27    driver's  license  examination station for a driver's license
28    or  permit,  a  corrected  driver's  license  or  permit,  an
29    Illinois  identification  card  or   a   corrected   Illinois
30    identification  card  shall  be  notified that the person may
31    register at such station to vote in the election jurisdiction
32    in  which  the  station  is  located  or   in   an   election
33    jurisdiction  adjacent to the location of the station and may
34    also transfer his voter registration at such  station  to  an
HB0288 Engrossed            -28-              LRB9000475NTsbB
 1    address in the election jurisdiction within which the station
 2    is   located  or  to  an  address  in  an  adjacent  election
 3    jurisdiction.  Such notification may be made  in  writing  or
 4    verbally issued by an employee or the Secretary of State.
 5        The Secretary of State shall promulgate such rules as may
 6    be  necessary  for  the efficient execution of his duties and
 7    the duties of his employees  under  this  amendatory  Act  of
 8    1990.
 9    (Source: P.A. 86-1435.)
10        (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
11        Sec.  3-400.  Definition.  Notwithstanding the definition
12    set forth in Chapter 1 of this Act, for the purposes of  this
13    Article,  the following words shall have the meaning ascribed
14    to them as follows:
15        "Apportionable Fee"  means  any  periodic  recurring  fee
16    required  for licensing or registering vehicles, such as, but
17    not limited to, registration fees, license or weight fees.
18        "Apportionable  Vehicle"  means   any   vehicle,   except
19    recreational vehicles, vehicles displaying restricted plates,
20    city   pickup   and   delivery   vehicles,   buses   used  in
21    transportation of chartered  parties,  and  government  owned
22    vehicles  that  are  used  or  intended  for use in 2 or more
23    member jurisdictions that allocate or proportionally register
24    vehicles, in a fleet which is used for the transportation  of
25    persons  for hire or the transportation of property and which
26    has a gross vehicle weight in excess of 26,000 pounds; or has
27    three or more axles regardless  of  weight;  or  is  used  in
28    combination  when  the  weight  of  such  combination exceeds
29    26,000   pounds   gross   vehicle   weight.    Vehicles,   or
30    combinations having a gross vehicle weight of  26,000  pounds
31    or   less   and   two-axle  vehicles  may  be  proportionally
32    registered at the option of such owner.
33        "Base  Jurisdiction"  means,  for   purposes   of   fleet
HB0288 Engrossed            -29-              LRB9000475NTsbB
 1    registration,  the  jurisdiction  where the registrant has an
 2    established place of business, where operational  records  of
 3    the  fleet are maintained and where mileage is accrued by the
 4    fleet.  In case a registrant operates more  than  one  fleet,
 5    and maintains records for each fleet in different places, the
 6    "base  jurisdiction"  for  a  fleet shall be the jurisdiction
 7    where an established place of business is  maintained,  where
 8    records  of  the  operation  of that fleet are maintained and
 9    where mileage is accrued by that fleet.
10        "Operational Records" means  documents  supporting  miles
11    traveled  in each jurisdiction and total miles traveled, such
12    as fuel reports, trip leases, and logs.
13        Owner.  A  person  who  holds  legal  title  of  a  motor
14    vehicle, or in the event a motor vehicle is the subject of an
15    agreement  for the conditional sale or lease thereof with the
16    right of purchase upon performance of the  conditions  stated
17    in  the  agreement  and with an immediate right of possession
18    vested in the conditional vendee  or  lessee  with  right  of
19    purchase,  or  in the event a mortgagor of such motor vehicle
20    is entitled to possession, or in the event a lessee  of  such
21    motor vehicle is entitled to possession or control, then such
22    conditional  vendee  or  lessee  with  right  of  purchase or
23    mortgagor or lessee is considered to be  the  owner  for  the
24    purpose of this Act.
25        "Preceding  Year"  means  the  period  of  12 consecutive
26    months immediately prior to July 1st of the year  immediately
27    preceding   the   registration  or  license  year  for  which
28    proportional registration is sought.
29        "Rental Owner" means an owner principally  engaged,  with
30    respect to one or more rental fleets, in renting to others or
31    offering  for  rental  the  vehicles  of such fleets, without
32    drivers.
33        "Restricted Plates" shall include but are not limited  to
34    dealer,  manufacturer,  transporter,  farm,  repossessor, and
HB0288 Engrossed            -30-              LRB9000475NTsbB
 1    permanently mounted type plates.  Vehicles displaying any  of
 2    these  type  plates  from  a  foreign  jurisdiction that is a
 3    member  of  the  International  Registration  Plan  shall  be
 4    granted  reciprocity  but  shall  be  subject  to  the   same
 5    limitations as similar plated Illinois registered vehicles.
 6    (Source: P.A. 89-571, eff. 7-26-96.)
 7        (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
 8        Sec.    3-402.  Vehicles    subject    to   registration;
 9    exceptions.
10        A. Exemptions and Policy.  Every motor vehicle,  trailer,
11    semitrailer  and  pole  trailer  when  driven or moved upon a
12    highway shall be subject to the  registration and certificate
13    of title provisions of this Chapter except:
14             (1)  Any such vehicle driven or moved upon a highway
15        in  conformance  with  the  provisions  of  this  Chapter
16        relating   to   manufacturers,   transporters,   dealers,
17        lienholders  or  nonresidents  or   under   a   temporary
18        registration permit issued by the Secretary of State;
19             (2)  Any  implement  of  husbandry whether of a type
20        otherwise subject to registration hereunder or not  which
21        is  only  incidentally  operated or moved upon a highway,
22        which shall  include  a  not-for-hire  movement  for  the
23        purpose  of  delivering  farm  commodities  to a place of
24        first processing or sale, or to a place of storage;
25             (3)  Any special mobile equipment as herein defined;
26             (4)  Any vehicle which is propelled  exclusively  by
27        electric  power  obtained  from  overhead  trolley  wires
28        though not operated upon rails;
29             (5)  Any   vehicle   which   is  equipped  and  used
30        exclusively as a pumper, ladder  truck,  rescue  vehicle,
31        searchlight  truck,  or  other  fire apparatus, but not a
32        vehicle of a type which would  otherwise  be  subject  to
33        registration as a vehicle of the first division;
HB0288 Engrossed            -31-              LRB9000475NTsbB
 1             (6)  Any  vehicle which is owned and operated by the
 2        federal government and externally  displays  evidence  of
 3        federal  ownership.   It  is  the  policy of the State of
 4        Illinois to promote and encourage the fullest use of  its
 5        highways  and  to  enhance  the  flow  of  commerce  thus
 6        contributing  to  the  economic, agricultural, industrial
 7        and social growth  and  development  of  this  State,  by
 8        authorizing the Secretary of State to negotiate and enter
 9        into    reciprocal    or   proportional   agreements   or
10        arrangements with other States, or to issue  declarations
11        setting   forth   reciprocal   exemptions,  benefits  and
12        privileges with respect to vehicles  operated  interstate
13        which  are  properly registered in this and other States,
14        assuring nevertheless proper registration of vehicles  in
15        Illinois as may be required by this Code;
16             (7)  Any  converter  dolly or tow dolly which merely
17        serves as substitute wheels for another legally  licensed
18        vehicle.  A title may be issued on a voluntary basis to a
19        tow  dolly upon receipt of the manufacturer's certificate
20        of origin or the bill of sale;
21             (8)  Any house trailer  found  to  be  an  abandoned
22        mobile home under the Abandoned Mobile Home Act;
23             (9)  Any  vehicle that is not properly registered or
24        does not have registration plates issued to the owner  or
25        operator  affixed thereto, or that does have registration
26        plates issued to the owner or  operator  affixed  thereto
27        but  the plates are not appropriate for the weight of the
28        vehicle, provided that this exemption  shall  apply  only
29        while  the  vehicle is being transported or operated by a
30        towing service and has a third tow plate affixed to it.
31        "Intrastate"    or    "intrastate     commerce"     means
32    transportation  originating at any point or place within this
33    State and destined to any other point or  place  within  this
34    State,   irrespective  of  the  route,  highway  or  highways
HB0288 Engrossed            -32-              LRB9000475NTsbB
 1    traversed, and including transportation which passes into  or
 2    through  another  State  before  delivery is made within this
 3    State, and including any act of transportation which includes
 4    or completes a pickup within  Illinois  for  delivery  within
 5    Illinois.
 6        "Interstate"     or     "interstate    commerce"    means
 7    transportation between 2 or  more  States  or  transportation
 8    originating  in  one  State and passing into or through other
 9    States for delivery  in  another  State,  and  which  is  not
10    "intrastate".
11        B.  Reciprocity.  Any motor vehicle, trailer, semitrailer
12    or  pole  trailer  need  not  be  registered  under this Code
13    provided the same is operated interstate  and  in  accordance
14    with  the  following provisions and any rules and regulations
15    promulgated pursuant thereto:
16             (1)  A  nonresident  owner,  except   as   otherwise
17        provided  in  this Section, owning any foreign registered
18        vehicle of  a  type  otherwise  subject  to  registration
19        hereunder,  may  operate  or permit the operation of such
20        vehicle within this State in interstate commerce  without
21        registering  such vehicle in, or paying any fees to, this
22        State subject to the condition that such  vehicle at  all
23        times when operated in this State is operated pursuant to
24        a  reciprocity  agreement,  arrangement or declaration by
25        this State, and further subject  to  the  condition  that
26        such  vehicle at all times when operated in this State is
27        duly  registered  in,  and  displays  upon  it,  a  valid
28        registration card and registration plate or plates issued
29        for such vehicle in the place of residence of such  owner
30        and  is  issued  and  maintains  in  such vehicle a valid
31        Illinois reciprocity permit as required by the  Secretary
32        of  State,  and  provided like privileges are afforded to
33        residents of this State by the State of residence of such
34        owner.
HB0288 Engrossed            -33-              LRB9000475NTsbB
 1             Every nonresident including any foreign  corporation
 2        carrying  on  business  within  this State and owning and
 3        regularly operating in such business any  motor  vehicle,
 4        trailer  or  semitrailer  within this State in intrastate
 5        commerce, shall be required to register each such vehicle
 6        and pay the  same  fees  therefor  as  is  required  with
 7        reference  to  like  vehicles  owned by residents of this
 8        State.
 9             (2)  Any motor  vehicle,  trailer,  semitrailer  and
10        pole  trailer  operated interstate need not be registered
11        in this State, provided:
12                  (a)  same is  properly  registered  in  another
13             State pursuant to law or to a reciprocity agreement,
14             arrangement or declaration; or
15                  (b)  that  such  vehicle  is part of a fleet of
16             vehicles owned or operated by the  same  person  who
17             registers  such fleet of vehicles pro rata among the
18             various States in which such fleet operates; or
19                  (c)  that such vehicle is part of  a  fleet  of
20             vehicles, a portion of which are registered with the
21             Secretary of State of Illinois in accordance with an
22             agreement   or   arrangement  concurred  in  by  the
23             Secretary of State of Illinois based on one or  more
24             of the following factors: ratio of miles in Illinois
25             as  against  total miles in all jurisdictions; situs
26             or base of a vehicle, or  where  it  is  principally
27             garaged, or from whence it is principally dispatched
28             or  where  the  movements  of  such  vehicle usually
29             originate; situs of the residence of  the  owner  or
30             operator  thereof,  or  of  his  principal office or
31             offices, or of his places of  business;  the  routes
32             traversed  and  whether  regular or irregular routes
33             are traversed, and the jurisdictions  traversed  and
34             served;  and  such  other  factors  as may be deemed
HB0288 Engrossed            -34-              LRB9000475NTsbB
 1             material by the  Secretary  and  the  motor  vehicle
 2             administrators  of  the other jurisdictions involved
 3             in such apportionment; and
 4                  (d)  that such vehicles shall maintain  therein
 5             any  reciprocity permit which may be required by the
 6             Secretary of State pursuant to rules and regulations
 7             which the Secretary of State may promulgate  in  the
 8             administration of this Code, in the public interest.
 9             (3) (a)  In order to effectuate the purposes of this
10             Code,   the   Secretary  of  State  of  Illinois  is
11             empowered   to   negotiate   and   execute   written
12             reciprocal agreements or arrangements with the  duly
13             authorized  representatives  of other jurisdictions,
14             including   States,   districts,   territories   and
15             possessions  of  the  United  States,  and   foreign
16             states,  provinces, or countries, granting to owners
17             or operators of vehicles duly registered or licensed
18             in such other jurisdictions and for  which  evidence
19             of  compliance is supplied, benefits, privileges and
20             exemption from the payment, wholly or partially,  of
21             any  taxes,  fees  or  other  charges  imposed  with
22             respect  to  the  ownership  or  operation  of  such
23             vehicles  by  the  laws of this State except the tax
24             imposed by the Motor Fuel Tax  Law,  approved  March
25             25, 1929, as amended, and the tax imposed by the Use
26             Tax Act, approved July 14, 1955, as amended.
27                  The Secretary of State may negotiate agreements
28             or arrangements as are in the best interests of this
29             State  and  the  residents of this State pursuant to
30             the policies expressed in this Section  taking  into
31             consideration  the  reciprocal  exemptions, benefits
32             and privileges available and accruing  to  residents
33             of this State and vehicles registered in this State.
34                  (b)  Such reciprocal agreements or arrangements
HB0288 Engrossed            -35-              LRB9000475NTsbB
 1             shall  provide  that  vehicles  duly  registered  or
 2             licensed  in  this  State  when  operated  upon  the
 3             highways  of such other jurisdictions, shall receive
 4             exemptions, benefits and  privileges  of  a  similar
 5             kind  or to a similar degree as extended to vehicles
 6             from such jurisdictions in this State.
 7                  (c)  Such agreements or arrangements  may  also
 8             authorize  the  apportionment  of    registration or
 9             licensing of fleets of vehicles operated interstate,
10             based on any or all of the following factors:  ratio
11             of  miles  in Illinois as against total miles in all
12             jurisdictions; situs or base of a vehicle, or  where
13             it  is  principally  garaged  or  from  whence it is
14             principally dispatched or  where  the  movements  of
15             such   vehicle   usually  originate;  situs  of  the
16             residence of the owner or operator  thereof,  or  of
17             his principal office or offices, or of his places of
18             business;  the  routes traversed and whether regular
19             or  irregular  routes   are   traversed,   and   the
20             jurisdictions  traversed  and served; and such other
21             factors as may be deemed material by  the  Secretary
22             and  the  motor  vehicle administrators of the other
23             jurisdictions involved in  such  apportionment,  and
24             such   vehicles   shall   likewise  be  entitled  to
25             reciprocal exemptions, benefits and privileges.
26                  (d)  Such agreements or arrangements shall also
27             provide that vehicles being operated  in  intrastate
28             commerce   in   Illinois   shall   comply  with  the
29             registration  and  licensing  laws  of  this  State,
30             except  that  vehicles  which   are   part   of   an
31             apportioned   fleet   may   conduct   an  intrastate
32             operation incidental to their interstate operations.
33             Any motor vehicle properly registered and  qualified
34             under  any reciprocal agreement or arrangement under
HB0288 Engrossed            -36-              LRB9000475NTsbB
 1             this Code and not having  a  situs  or  base  within
 2             Illinois  may  complete  the  inbound  movement of a
 3             trailer or semitrailer to  an  Illinois  destination
 4             that  was  brought  into Illinois by a motor vehicle
 5             also properly registered and  qualified  under  this
 6             Code and not having a situs or base within Illinois,
 7             or may complete an outbound movement of a trailer or
 8             semitrailer  to an out-of-state destination that was
 9             originated in  Illinois  by  a  motor  vehicle  also
10             properly  registered  and  qualified under this Code
11             and not having a situs or base in Illinois, only  if
12             the operator thereof did not break bulk of the cargo
13             laden   in  such  inbound  or  outbound  trailer  or
14             semitrailer. Adding or unloading intrastate cargo on
15             such inbound  or  outbound  trailer  or  semitrailer
16             shall be deemed as breaking bulk.
17                  (e)  Such  agreements  or arrangements may also
18             provide for the determination of the proper State in
19             which leased vehicles shall be registered  based  on
20             the  factors set out in subsection (c) above and for
21             apportionment of registration of  fleets  of  leased
22             vehicles  by  the lessee or by the lessor who leases
23             such  vehicles  to  persons  who   are   not   fleet
24             operators.
25                  (f)  Such  agreements  or arrangements may also
26             include   reciprocal   exemptions,    benefits    or
27             privileges   accruing   under  The  Illinois  Driver
28             Licensing Law or The Driver License Compact.
29             (4)  The Secretary of State is further authorized to
30        examine the laws and requirements of other jurisdictions,
31        and,  in  the  absence  of   a   written   agreement   or
32        arrangement, to issue a written declaration of the extent
33        and  nature  of  the  exemptions, benefits and privileges
34        accorded  to  vehicles  of  this  State  by  such   other
HB0288 Engrossed            -37-              LRB9000475NTsbB
 1        jurisdictions,  and  the  extent and nature of reciprocal
 2        exemptions, benefits and privileges thereby  accorded  by
 3        this  State  to the vehicles of such other jurisdictions.
 4        A declaration by the Secretary of State may include  any,
 5        part   or   all   reciprocal   exemptions,  benefits  and
 6        privileges or provisions as may  be  included  within  an
 7        agreement or arrangement.
 8             (5)  All  agreements, arrangements, declarations and
 9        amendments  thereto,  shall  be  in  writing  and  become
10        effective when signed by  the  Secretary  of  State,  and
11        copies  of  all  such documents shall be available to the
12        public upon request.
13             (6)  The Secretary of State is further authorized to
14        require  the  display  by  foreign   registered   trucks,
15        truck-tractors   and   buses,   entitled   to  reciprocal
16        benefits,   exemptions   or   privileges   hereunder,   a
17        reciprocity permit for external display before  any  such
18        reciprocal   benefits,   exemptions   or  privileges  are
19        granted.  The Secretary of State shall  provide  suitable
20        application  forms  for  such permit and shall promulgate
21        and publish reasonable  rules  and  regulations  for  the
22        administration  and enforcement of the provisions of this
23        Code including a provision for revocation of such  permit
24        as  to  any vehicle operated wilfully in violation of the
25        terms  of  any  reciprocal  agreement,   arrangement   or
26        declaration or in violation of the Illinois Motor Carrier
27        of Property Law, as amended.
28             (7) (a)  Upon  the  suspension, revocation or denial
29             of  one  or  more  of   all   reciprocal   benefits,
30             privileges  and  exemptions existing pursuant to the
31             terms and provisions of this Code or by virtue of  a
32             reciprocal  agreement  or arrangement or declaration
33             thereunder; or, upon the suspension,  revocation  or
34             denial  of a reciprocity permit; or, upon any action
HB0288 Engrossed            -38-              LRB9000475NTsbB
 1             or inaction of the Secretary in  the  administration
 2             and  enforcement of the provisions of this Code, any
 3             person, resident or nonresident, so  aggrieved,  may
 4             serve  upon the Secretary, a petition in writing and
 5             under oath,  setting  forth  the  grievance  of  the
 6             petitioner,  the  grounds  and  basis for the relief
 7             sought, and all necessary facts and particulars, and
 8             request an administrative hearing  thereon.   Within
 9             20  days,  the Secretary shall set a hearing date as
10             early  as  practical.  The  Secretary  may,  in  his
11             discretion, supply forms for such a petition.
12                  (b)  The  Secretary  may   likewise,   in   his
13             discretion  and  upon  his  own  petition,  order  a
14             hearing,  when  in  his best judgment, any person is
15             not entitled to the reciprocal benefits,  privileges
16             and  exemptions  existing  pursuant to the terms and
17             provisions  of  this  Code  or  under  a  reciprocal
18             agreement or arrangement or  declaration  thereunder
19             or  that  a vehicle owned or operated by such person
20             is improperly registered or  licensed,  or  that  an
21             Illinois   resident  has  improperly  registered  or
22             licensed a vehicle in another jurisdiction  for  the
23             purposes  of  violating or avoiding the registration
24             laws of this State.
25                  (c)  The Secretary shall notify a petitioner or
26             any other person involved  of  such  a  hearing,  by
27             giving  at least 10 days notice, in writing, by U.S.
28             Mail,  Registered  or  Certified,  or  by   personal
29             service,   at   the   last  known  address  of  such
30             petitioner or person, specifying the time and  place
31             of  such hearing.  Such hearing shall be held before
32             the Secretary, or any person as  he  may  designate,
33             and  unless the parties mutually agree to some other
34             county in Illinois, the hearing shall be held in the
HB0288 Engrossed            -39-              LRB9000475NTsbB
 1             County  of  Sangamon  or   the   County   of   Cook.
 2             Appropriate  records  of  the hearing shall be kept,
 3             and the Secretary shall issue or cause to be issued,
 4             his decision on the case, within 30 days  after  the
 5             close  of  such  hearing  or  within  30  days after
 6             receipt of the transcript thereof, and a copy  shall
 7             likewise  be  served  or mailed to the petitioner or
 8             person involved.
 9                  (d)  The    actions     or     inactions     or
10             determinations,  or  findings  and decisions upon an
11             administrative hearing, of the Secretary,  shall  be
12             subject  to  judicial review in the Circuit Court of
13             the County of Sangamon or the County  of  Cook,  and
14             the provisions of the Administrative Review Law, and
15             all  amendments  and modifications thereof and rules
16             adopted pursuant thereto, apply to  and  govern  all
17             such reviewable matters.
18                  Any   reciprocal   agreements  or  arrangements
19             entered into by the  Secretary    of  State  or  any
20             declarations   issued  by  the  Secretary  of  State
21             pursuant to any law in effect prior to the effective
22             date of this Code are not hereby abrogated, and such
23             shall continue in force  and  effect  until  amended
24             pursuant  to  the  provisions of this Code or expire
25             pursuant to the terms or provisions thereof.
26    (Source: P.A. 88-516; 89-433, eff. 12-15-95.)
27        (625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
28        Sec. 3-402.1.  Proportional Registration.  Any  owner  or
29    rental  owner  engaged  in operating a fleet of apportionable
30    vehicles in this state and one or more other states  may,  in
31    lieu  of  registration  of  such  vehicles  under the general
32    provisions of sections 3-402, 3-815 and 3-819,  register  and
33    license  such fleet for operations in this state by filing an
HB0288 Engrossed            -40-              LRB9000475NTsbB
 1    application statement, signed  under  penalties  of  perjury,
 2    with  the  Secretary of State which shall be in such form and
 3    contain such information as  the  Secretary  of  State  shall
 4    require,  declaring  the total mileage operated in all states
 5    by such fleet, the total mileage operated in  this  state  by
 6    such  fleet  during  the  preceding  year, and describing and
 7    identifying each apportionable vehicle to be operated in this
 8    state during the  ensuing  year.   If  mileage  data  is  not
 9    available  for the preceding year, the Secretary of State may
10    accept the latest 12-month period available. "Preceding year"
11    means the period of 12 consecutive months  immediately  prior
12    to   July   1st   of   the  year  immediately  preceding  the
13    registration  or  license   year   for   which   proportional
14    registration is sought.
15        Such  owner  shall  determine  the proportion of in-state
16    miles to total fleet miles.  Such percentage figure shall  be
17    such  owner's apportionment factor.  In determining the total
18    fee payment, such owner shall first compute the  license  fee
19    for  each  vehicle  within the fleet which would otherwise be
20    required, and then multiply the said amount by  the  Illinois
21    apportionment  factor  adding  the  fees  for each vehicle to
22    arrive at  a  total  amount  for  the  fleet.   Apportionable
23    trailers  and  semitrailers  will be registered in accordance
24    with the provisions of Section 3-813 of this Code.
25        Upon receipt of the appropriate fees from such  owner  as
26    computed  under the provisions of this section, the Secretary
27    of State shall, when this state  is  the  base  jurisdiction,
28    issue  to  such owner number plates or other distinctive tags
29    or such evidence of registration as the  Secretary  of  State
30    shall  deem appropriate to identify each vehicle in the fleet
31    as a part of a proportionally registered interstate fleet.
32        Vehicles registered under the provision of  this  section
33    shall be considered fully licensed and properly registered in
34    Illinois   for  any  type  of  movement  or  operation.   The
HB0288 Engrossed            -41-              LRB9000475NTsbB
 1    proportional registration and licensing  provisions  of  this
 2    section  shall apply to vehicles added to fleets and operated
 3    in this state during the registration year, applying the same
 4    apportionment factor to such fees as would be payable for the
 5    remainder of the registration year.
 6        Apportionment  factors  for  apportionable  vehicles  not
 7    operated in this state during the  preceding  year  shall  be
 8    determined  by  the Secretary of State on the basis of a full
 9    statement  of  the  proposed  methods  of  operation  and  in
10    conformity with an estimated mileage chart as  calculated  by
11    the  Secretary  of State.  An established fleet adding states
12    at the time of renewal shall estimate mileage for  the  added
13    states  in  conformity  with a mileage chart developed by the
14    Secretary of State.
15    (Source: P.A. 87-206; 87-1041.)
16        (625 ILCS 5/3-618) (from Ch. 95 1/2, par. 3-618)
17        Sec.  3-618.   Charitable  vehicle   plates.   Charitable
18    vehicle   plates  shall  be  of  such  color  and  design  as
19    prescribed by the Secretary. The fee for such plates shall be
20    as prescribed in Section 3-808 of this Code. Such plates  may
21    be  obtained  by owners of charitable vehicles, as defined in
22    Section 1-171.01 of this Code.
23    (Source: P.A. 82-1011.)
24        (625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02)
25        Sec. 3-804.02.  Commuter Vans.  The owner of  a  commuter
26    van,  as defined in Section 1-114.1 of this Act, may register
27    such van for an annual fee not to exceed $50.  The  Secretary
28    may  prescribe  that  commuter  van  plates  be issued for an
29    indefinite term, such term  to  correspond  to  the  term  of
30    registration  plates  issued  generally.  In no event may the
31    registration  fee   for   commuter  vans   exceed   $50   per
32    registration year.
HB0288 Engrossed            -42-              LRB9000475NTsbB
 1    (Source: P.A. 81-492.)
 2        (625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808)
 3        Sec.  3-808.   Governmental  and  charitable  vehicles  -
 4    Registration fees.
 5        (a)  A  registration  fee  of  $8 per 2 year registration
 6    period shall be paid by the owner in the following cases:
 7             1.  Vehicles operated exclusively as  a  school  bus
 8        for  school  purposes  by  any  school  district  or  any
 9        religious or denominational institution, except that such
10        a  school  bus  may  be  used  by  such  a  religious  or
11        denominational  institution  for  the  transportation  of
12        persons to or from any of its official activities.
13             2.  Vehicles  operated  exclusively in a high school
14        driver training program by any school district or  school
15        operated by a religious institution.
16             3.  Rescue  squad  vehicles  as  defined  in Section
17        1-223 of this Code which are  owned  and  operated  by  a
18        corporation or association organized and operated not for
19        profit   for   the  purpose  of  conducting  such  rescue
20        operations.
21             4.  Vehicles, used exclusively as school  buses  for
22        any school district, which are neither owned nor operated
23        by such district.
24             5.  Charitable   vehicles,  as  defined  in  Section
25        1-171.01 of this Code.
26        (b)  Annual vehicle registration plates shall be  issued,
27    at no charge, to the following:
28             1.  Medical transport vehicles owned and operated by
29        the  State of Illinois or by any State agency financed by
30        funds appropriated by the General Assembly.
31             2.  Medical transport vehicles operated  by  or  for
32        any county, township or municipal corporation.
33        (c)  Ceremonial  plates.   Upon payment of a registration
HB0288 Engrossed            -43-              LRB9000475NTsbB
 1    fee of $48 per 2-year registration period, the  Secretary  of
 2    State  shall  issue  registration plates to vehicles operated
 3    exclusively for ceremonial  purposes  by  any  not-for-profit
 4    veterans',  fraternal,  or civic organization.  The Secretary
 5    of State may prescribe that ceremonial  vehicle  registration
 6    plates  be  issued  for  an  indefinite  term,  that  term to
 7    correspond  to  the  term  of  registration   plates   issued
 8    generally, as provided in Section 3-414.1.
 9        (d)  In  any  event,  any  vehicle  registered under this
10    Section used or operated for purposes other than those herein
11    prescribed shall be subject to revocation, and in that event,
12    the owner may be required to properly register  such  vehicle
13    under the provisions of this Code.
14        (e)  As   a   prerequisite  to  registration  under  this
15    Section, the Secretary  of  State  may  require  the  vehicle
16    owners  listed  in  subsection  (a)  of  this Section who are
17    exempt from federal income taxation under subsection  (c)  of
18    Section  501  of the Internal Revenue Code of 1986, as now or
19    hereafter amended, to submit to him a  determination  letter,
20    ruling  or other written evidence of tax exempt status issued
21    by the Internal Revenue Service.  The Secretary may accept  a
22    certified copy of the document issued by the Internal Revenue
23    Service  as  evidence  of  the  exemption.  The Secretary may
24    require documentation of eligibility under  this  Section  to
25    accompany an application for registration.
26        (f)  Special  event  plates.   The Secretary of State may
27    issue registration plates in recognition or commemoration  of
28    special  events  which  promote  the  interests  of  Illinois
29    citizens.   These  plates  shall be valid for no more than 60
30    days prior to the date of expiration.   The  Secretary  shall
31    require the applicant for such plates to pay for the costs of
32    furnishing the plates.
33        Beginning July 1, 1991, all special event plates shall be
34    recorded  in  the  Secretary  of  State's files for immediate
HB0288 Engrossed            -44-              LRB9000475NTsbB
 1    identification.
 2        The Secretary of State, upon  issuing  a  new  series  of
 3    special  event  plates,  shall  notify  all  law  enforcement
 4    officials  of  the  design  and other special features of the
 5    special plate series.
 6        All special event plates shall  indicate,  in  the  lower
 7    right  corner,  the  date of expiration in characters no less
 8    than 1/2 inch high.
 9    (Source: P.A.  88-470;  89-245,  eff.  1-1-96;  89-564,  eff.
10    7-26-96; 89-626, eff. 8-9-96.)
11        (625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
12        Sec. 3-1001.  A tax is hereby imposed on the privilege of
13    using, in this State, any motor vehicle as defined in Section
14    1-146  of  this Code acquired by gift, transfer, or purchase,
15    and having a year model designation  preceding  the  year  of
16    application for title by 5 or fewer years prior to October 1,
17    1985  and  10 or fewer years on and after October 1, 1985 and
18    prior to January 1, 1988.  On and after January 1, 1988,  the
19    tax shall apply to all motor vehicles without regard to model
20    year. Except that the tax shall not apply
21             (i)  if  the  use  of the motor vehicle is otherwise
22        taxed under the Use Tax Act;
23             (ii)  if the motor vehicle is bought and used  by  a
24        governmental agency or a society, association, foundation
25        or  institution  organized  and  operated exclusively for
26        charitable, religious or educational purposes;
27             (iii)  if the  use  of  the  motor  vehicle  is  not
28        subject  to  the Use Tax Act by reason of subsection (a),
29        (b), (c), (d), (e) or (f) of Section  3-55  of  that  Act
30        dealing   with   the   prevention  of  actual  or  likely
31        multistate taxation;
32             (iv)  to implements of husbandry;
33             (v)  when a junking certificate is  issued  pursuant
HB0288 Engrossed            -45-              LRB9000475NTsbB
 1        to Section 3-117(a) of this Code;
 2             (vi)  when  a  vehicle is subject to the replacement
 3        vehicle tax imposed by Section 3-2001 of this Act;
 4             (vii)  when the transfer is a gift to a  beneficiary
 5        in the administration of an estate and the beneficiary is
 6        a surviving spouse.
 7        Prior  to January 1, 1988, the rate of tax shall be 5% of
 8    the selling price  for  each  purchase  of  a  motor  vehicle
 9    covered   by   Section   3-1001  of  this  Code.   Except  as
10    hereinafter provided, beginning January 1, 1988, the rate  of
11    tax shall be as follows for transactions in which the selling
12    price of the motor vehicle is less than $15,000:
13    Number of Years Transpired After       Applicable Tax
14     Model Year of Motor Vehicle
15              1 or less                         $390
16                  2                             290
17                  3                             215
18                  4                             165
19                  5                             115
20                  6                              90
21                  7                              80
22                  8                              65
23                  9                              50
24                  10                             40
25               over 10                           25
26    Except  as  hereinafter  provided, beginning January 1, 1988,
27    the rate of tax shall be as follows for transactions in which
28    the selling price of the motor vehicle is $15,000 or more:
29            Selling Price                  Applicable Tax
30          $15,000 - $19,999                    $ 750
31          $20,000 - $24,999                    $1,000
32          $25,000 - $29,999                    $1,250
33           $30,000 and over                    $1,500
34    For the following transactions, the tax rate shall be $15 for
HB0288 Engrossed            -46-              LRB9000475NTsbB
 1    each motor vehicle acquired in such transaction:
 2             (i)  when the transferee or purchaser is the spouse,
 3        mother,  father,  brother,  sister  or   child   of   the
 4        transferor;
 5             (ii)  when  the  transfer is a gift to a beneficiary
 6        in the administration of an estate and the beneficiary is
 7        not a surviving spouse;
 8             (iii)  when a motor  vehicle  which  has  once  been
 9        subjected  to  the  Illinois retailers' occupation tax or
10        use  tax  is   transferred   in   connection   with   the
11        organization,   reorganization,  dissolution  or  partial
12        liquidation of an incorporated or unincorporated business
13        wherein the beneficial ownership is not changed.
14        A  claim  that   the   transaction   is   taxable   under
15    subparagraph  (i)  shall be supported by such proof of family
16    relationship as provided by rules of the Department.
17        For a transaction in which  a  motorcycle,  motor  driven
18    cycle  or motorized pedalcycle is acquired the tax rate shall
19    be $25.
20        On and after October 1, 1985, 1/12 of $5,000,000  of  the
21    moneys received by the Department of Revenue pursuant to this
22    Section shall be paid each month into the Build Illinois Fund
23    and the remainder into the General Revenue Fund.
24        For  purposes  of this Section, "selling price" means the
25    consideration received for a motor vehicle subject to the tax
26    imposed by this Section valued in money, whether received  in
27    money  or  otherwise,  including  cash,  credits,  service or
28    property.   In  the  case  of  gifts  or  transfers   without
29    reasonable  consideration, "selling price" shall be deemed to
30    be the fair market value as determined by the Department.
31        At the end  of  any  fiscal  year  in  which  the  moneys
32    received  by  the  Department  of  Revenue  pursuant  to this
33    Section exceeds the Annual Specified Amount,  as  defined  in
34    Section  3  of  the  Retailers' Occupation Tax Act, the State
HB0288 Engrossed            -47-              LRB9000475NTsbB
 1    Comptroller shall direct the State Treasurer to transfer such
 2    excess amount from the General  Revenue  Fund  to  the  Build
 3    Illinois Purposes Fund.
 4        The  tax  imposed  by this Section shall be abated and no
 5    longer imposed when the amount deposited to secure the  bonds
 6    issued  pursuant to the Build Illinois Bond Act is sufficient
 7    to provide for the payment of the principal of, and  interest
 8    and  premium, if any, on the bonds, as certified to the State
 9    Comptroller and the Director of Revenue by  the  Director  of
10    the Bureau of the Budget.
11    (Source: P.A. 88-194.)
12        (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
13        Sec. 4-103. Offenses relating to motor vehicles and other
14    vehicles - Felonies.
15        (a)  It is a violation of this Chapter for:
16             (1)  A  person  not  entitled to the possession of a
17        vehicle or  essential  part  of  a  vehicle  to  receive,
18        possess,  conceal, sell, dispose, or transfer it, knowing
19        it to have been stolen or  converted;   additionally  the
20        General   Assembly   finds   that   the  acquisition  and
21        disposition of vehicles and  their  essential  parts  are
22        strictly controlled by law and that such acquisitions and
23        dispositions are reflected by documents of title, uniform
24        invoices,  rental contracts, leasing agreements and bills
25        of sale.  It may be inferred,  therefore  that  a  person
26        exercising exclusive unexplained possession over a stolen
27        or  converted vehicle or an essential part of a stolen or
28        converted vehicle has  knowledge  that  such  vehicle  or
29        essential  part  is  stolen  or  converted, regardless of
30        whether the date on which such vehicle or essential  part
31        was stolen is recent or remote;
32             (2)  A  person  to  knowingly remove, alter, deface,
33        destroy,  or   falsify,   or   forge   a   manufacturer's
HB0288 Engrossed            -48-              LRB9000475NTsbB
 1        identification number of a vehicle or an engine number of
 2        a  motor  vehicle or any essential part thereof having an
 3        identification number;
 4             (3)  A person to knowingly conceal  or  misrepresent
 5        the identity of a vehicle or any essential part thereof;
 6             (4)  A  person  to  buy,  receive,  possess, sell or
 7        dispose of a vehicle, or any essential part thereof, with
 8        knowledge that the identification number of  the  vehicle
 9        or  any  essential  part thereof having an identification
10        number has been removed or falsified;
11             (5)  A  person  to  knowingly  possess,  buy,  sell,
12        exchange, give away, or offer to buy, sell,  exchange  or
13        give   away,  any  manufacturer's  identification  number
14        plate, mylar sticker, federal  certificate  label,  State
15        police  reassignment  plate,  Secretary of State assigned
16        plate, rosette rivet, or facsimile of such which has  not
17        yet  been  attached  to  or  has  been  removed  from the
18        original  or  assigned  vehicle.  It  is  an  affirmative
19        defense to subsection (a) of this Section that the person
20        possessing, buying, selling or exchanging a  plate  mylar
21        sticker  or label described in this paragraph is a police
22        officer doing so as part of his official duties, or is  a
23        manufacturer's authorized representative who is replacing
24        any  manufacturer's  identification  number  plate, mylar
25        sticker or Federal certificate label originally placed on
26        the vehicle by the manufacturer of  the  vehicle  or  any
27        essential part thereof;
28             (6)  A  person  to  knowingly make a false report of
29        the theft or  conversion  of  a  vehicle  to  any  police
30        officer of this State.
31        (b)  Sentence.  A person convicted of a violation of this
32    Section shall be guilty of a Class 2 felony.
33        (c)  The  offenses  set  forth  in subsection (a) of this
34    Section shall not include the offense set  forth  in  Section
HB0288 Engrossed            -49-              LRB9000475NTsbB
 1    4-103.2 of this Code.
 2    (Source: P.A. 85-572; 86-1209.)
 3        (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
 4        Sec.  5-100.  Definitions.   For  the  purposes  of  this
 5    Chapter, the following words shall have the meanings ascribed
 6    to them as follows:
 7        "Additional  place  of  business"  means a place owned or
 8    leased  and  occupied  by  the  dealer  in  addition  to  its
 9    established place of business, at which the  dealer  conducts
10    or  intends  to  conduct business on a permanent or long term
11    basis.  The term does not include an area where an  off  site
12    sale  or  exhibition  is  conducted.   The Secretary of State
13    shall adopt guidelines for the administration and enforcement
14    of this definition by rule.
15        "Display  exhibition"  means  a  temporary   display   of
16    vehicles  by  a dealer licensed under Section 5-101 or 5-102,
17    at a location at which no vehicles are offered for sale, that
18    is conducted at a place other than the  dealer's  established
19    and additional places of business.
20        "Established  place of business" means the place owned or
21    leased and occupied by any person duly licensed  or  required
22    to  be  licensed  as  a dealer for the purpose of engaging in
23    selling, buying, bartering, displaying, exchanging or dealing
24    in, on consignment or otherwise, vehicles and their essential
25    parts and  for  such  other  ancillary  purposes  as  may  be
26    permitted  by  the  Secretary  by  rule.  It shall include an
27    office in which the dealer's records shall  be  separate  and
28    distinct  from  any other business or tenant which may occupy
29    space in the same building.  This office shall not be located
30    in  a  house  trailer,  residence,  tent,  temporary   stand,
31    temporary address, room or rooms in a hotel or rooming house,
32    nor  the  premises  occupied  by  a  single  or multiple unit
33    residence.  The established place  of  business  of  a  scrap
HB0288 Engrossed            -50-              LRB9000475NTsbB
 1    processor  shall  be  the  fixed  location  where  the  scrap
 2    processor  maintains  its  principal  place of business.  The
 3    Secretary of State  shall,  by  rule  and  regulation,  adopt
 4    guidelines  for  the  administration  and enforcement of this
 5    definition, such as, but not limited to issues concerning the
 6    required hours of operation, describing  where  vehicles  are
 7    displayed  and  offered for sale, where books and records are
 8    maintained  and   requirements   for   the   fulfillment   of
 9    warranties.   A  dealer  may  have  an  additional  place  of
10    business as defined under this Section.
11        "Rebuilder"  means  a  person  who  is in the business of
12    returning a vehicle for which a salvage certificate has  been
13    previously   issued   back   to  its  original  or  operating
14    condition.
15        "Repairer" means a person  who  is  in  the  business  of
16    returning  a vehicle other than a vehicle for which a salvage
17    certificate has been issued back to its original or operating
18    condition by restoring,  mending,  straightening,  replacing,
19    altering, or painting its essential parts.
20        "Automotive  parts recycler" means a person who is in the
21    business of acquiring previously owned vehicles  and  vehicle
22    parts  for  the  primary  purpose  of  disposing  of parts of
23    vehicles in  a  manner  other  than  that  described  in  the
24    definition of a "scrap processor" in this Section.
25        "Scrap processor" means a person who purchases a vehicle,
26    junk vehicle or vehicle cowl for processing into a form other
27    than  a  vehicle,  junk vehicle or vehicle cowl for remelting
28    purposes only, who from a fixed location  utilizes  machinery
29    and  equipment  for  processing  or  manufacturing ferrous or
30    nonferrous metallic scrap into  prepared  grades,  and  whose
31    principal  product  is  metallic  scrap  and who records such
32    purchases on a weight ticket.  No scrap metal processor shall
33    sell a  vehicle  or  essential  part,  as  such,  except  for
34    engines, transmissions and powertrains, unless licensed to do
HB0288 Engrossed            -51-              LRB9000475NTsbB
 1    so  under  another provision of this Act.  A scrap processor,
 2    who is additionally licensed as an automotive parts recycler,
 3    shall not be subject to the record keeping requirements for a
 4    scrap processor when acting as an automotive parts recycler.
 5        "Out-of-state salvage vehicle buyer" means a  person  who
 6    is  licensed  in  another  state  for  the primary purpose of
 7    acquiring salvage vehicles and who is issued an  out-of-state
 8    salvage  vehicle buyers identification card in this State for
 9    the sole purpose of acquiring  salvage  vehicles  and  taking
10    them out of state.
11        "Additional  place  of  business"  means a place owned or
12    leased  and  occupied  by  the  dealer  in  addition  to  its
13    established place of business, at which the  dealer  conducts
14    or  intends  to  conduct business on a permanent or long term
15    basis.  "Additional place of business" does  not  include  an
16    area  where an off site sale or exhibition is conducted.  The
17    Secretary  of  State   shall   adopt   guidelines   for   the
18    administration and enforcement of this definition by rule and
19    regulation.
20        "Off  site  sale" means the temporary display and sale of
21    vehicles, for a period of  not  more  than  7  calendar  days
22    (excluding Sundays), by a dealer licensed under Section 5-101
23    or  5-102  at a place other than the dealer's established and
24    additional places of business.
25        "Display  exhibition"  means  a  temporary   display   of
26    vehicles  by  a dealer licensed under Section 5-101 or 5-102,
27    at a location at which no vehicles are offered for sale, that
28    is conducted at a place other than the  dealer's  established
29    and additional places of business.
30        "Relevant market area", for a new vehicle dealer licensed
31    under  Section  5-101  and for a used vehicle dealer licensed
32    under Section 5-102, means the area within 10  miles  of  the
33    established  or  additional  place  of business of the dealer
34    located in a county with a population of 300,000 or more,  or
HB0288 Engrossed            -52-              LRB9000475NTsbB
 1    within  15  miles  if  the  established  place of business is
 2    located in a county with a population of less than 300,000.
 3        "Trade show exhibition"  means  a  temporary  display  of
 4    vehicles,  by  dealers licensed under Section 5-101 or 5-102,
 5    or any other person as defined in subsection (c)  of  Section
 6    5-102.1,  at  a location at which no vehicles are offered for
 7    sale that is conducted at a place  other  than  the  dealer's
 8    established  and additional places of business.  In order for
 9    a  display  exhibition  to  be  considered   a   trade   show
10    exhibition, it must be participated in by at least 3 dealers,
11    2 of which must be licensed under Section 5-101 or 5-102; and
12    a  trade  show  exhibition  of  new  vehicles  shall  only be
13    participated in by licensed new vehicle dealers at least 2 of
14    which must be licensed under Section 5-101.
15        "Relevant market area", for a new vehicle dealer licensed
16    under Section 5-101 and for a used  vehicle  dealer  licensed
17    under  Section  5-102,  means the area within 10 miles of the
18    established or additional place of  business  of  the  dealer
19    located  in a county with a population of 300,000 or more, or
20    within 15 miles if  the  established  place  of  business  is
21    located in a county with a population of less than 300,000.
22    (Source: P.A.  88-470;  88-588,  eff.  1-1-95;  88-685,  eff.
23    1-24-95; 89-235, eff. 8-4-95.)
24        (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
25        Sec. 5-401.3.  Scrap processors required to keep records.
26    (a)  Every  person  licensed  or required to be licensed as a
27    scrap processor pursuant to Section  5-301  of  this  Chapter
28    shall  maintain  for  3  years,  at  his established place of
29    business, the following records relating to  the  acquisition
30    of  a  vehicle,  junk vehicle, or vehicle cowl which has been
31    acquired for the purpose of processing into a form other than
32    a vehicle, junk vehicle or vehicle cowl which is possessed in
33    the State or brought into  this  State  from  another  state,
HB0288 Engrossed            -53-              LRB9000475NTsbB
 1    territory  or  country. No scrap metal processor shall sell a
 2    vehicle or essential  part,  as  such,  except  for  engines,
 3    transmissions,  and  powertrains,  unless  licensed  to do so
 4    under another provision of this Code.  A scrap processor  who
 5    is  additionally  licensed  as  an  automotive parts recycler
 6    shall not be subject to the record keeping requirements for a
 7    scrap processor when acting as an automotive parts recycler.
 8        (1)  For  a  vehicle,  junk  vehicle,  or  vehicle   cowl
 9    acquired  from  a  person who is licensed under this Chapter,
10    the scrap processor shall record the name and address of  the
11    person,  and  the  Illinois  or  out-of-state  dealer license
12    number of such person on the scrap processor's weight  ticket
13    at  the  time of the acquisition. The person disposing of the
14    vehicle, junk vehicle, or  vehicle  cowl  shall  furnish  the
15    scrap  processor  with  documentary proof of ownership of the
16    vehicle,  junk  vehicle,  or  vehicle  cowl  in  one  of  the
17    following  forms:   a  Certificate  of   Title,   a   Salvage
18    Certificate,  a  Junking  Certificate,  a  Secretary of State
19    Junking  Manifest,  a  Uniform  Invoice,  a  Certificate   of
20    Purchase,  or  other  similar documentary proof of ownership.
21    The scrap processor shall not acquire a vehicle, junk vehicle
22    or vehicle cowl without obtaining one of  the  aforementioned
23    documentary proofs of ownership.
24        (2)  For a vehicle, junk vehicle or vehicle cowl acquired
25    from  a  person  who  is not licensed under this Chapter, the
26    scrap  processor  shall  verify  and  record  that   person's
27    identity  by recording the identification of such person from
28    at least 2 sources of identification, one of which shall be a
29    driver's license or State Identification Card, on  the  scrap
30    processor's  weight  ticket  at  the time of the acquisition.
31    The person disposing of the vehicle, junk vehicle, or vehicle
32    cowl shall furnish the scrap processor with documentary proof
33    of ownership of the vehicle, junk vehicle, or vehicle cowl in
34    one of the  following  forms:   a  Certificate  of  Title,  a
HB0288 Engrossed            -54-              LRB9000475NTsbB
 1    Salvage  Certificate,  a  Junking Certificate, a Secretary of
 2    State Junking Manifest, a Certificate of Purchase,  or  other
 3    similar  documentary proof of ownership.  The scrap processor
 4    shall not acquire a vehicle, junk  vehicle  or  vehicle  cowl
 5    without  obtaining  one  of  the  aforementioned  documentary
 6    proofs of ownership.
 7        (3)  In addition to the other information required on the
 8    scrap  processor's    weight ticket, a scrap processor who at
 9    the time of  acquisition  of  a  vehicle,  junk  vehicle,  or
10    vehicle  cowl  is  furnished  a Certificate of Title, Salvage
11    Certificate or  Certificate  of  Purchase  shall  record  the
12    vehicle Identification Number on the weight ticket or affix a
13    copy  of  the  Certificate  of  Title, Salvage Certificate or
14    Certificate  of  Purchase  to  the  weight  ticket  and   the
15    identification of the person acquiring the information on the
16    behalf of the scrap processor.
17        (4)  The  scrap processor shall maintain a copy of a Junk
18    Vehicle Notification relating to any  Certificate  of  Title,
19    Salvage  Certificate,  Certificate  of  Purchase or similarly
20    acceptable out-of-state document surrendered to the Secretary
21    of State pursuant to the provisions  of  Section  3-117.2  of
22    this Code.
23        (b) Any licensee who knowingly fails to record any of the
24    specific  information  required  to be recorded on the weight
25    ticket or who knowingly fails to acquire and maintain  for  3
26    years documentary proof of ownership in one of the prescribed
27    forms shall be guilty of a Class A misdemeanor and subject to
28    a fine not to exceed $1,000.  Each violation shall constitute
29    a  separate  and distinct offense and a separate count may be
30    brought in  the  same  complaint  for  each  violation.   Any
31    licensee  who  commits  a  second  violation  of this Section
32    within two years of a previous conviction of a  violation  of
33    this Section shall be guilty of a Class 4 felony.
34        (c)  It  shall  be  an  affirmative defense to an offense
HB0288 Engrossed            -55-              LRB9000475NTsbB
 1    brought under paragraph (b) of this Section that the licensee
 2    or person required to be licensed both reasonably and in good
 3    faith relied on information appearing  on  a  Certificate  of
 4    Title,  a  Salvage  Certificate,  a  Junking  Certificate,  a
 5    Secretary  of  State Manifest, a Secretary of State's Uniform
 6    Invoice, a Certificate  of  Purchase,  or  other  documentary
 7    proof of ownership prepared under Section 3-117.1 (a) of this
 8    Code,  relating  to  the  transaction  for which the required
 9    record was not kept which was supplied  to  the  licensee  by
10    another licensee or out-of-state dealer.
11        (d)  No  later  than  15  days  prior  to  going  out  of
12    business, selling the business, or transferring the ownership
13    of  the  business,  the  scrap  processor  shall  notify  the
14    Secretary  of  that fact.  Failure to so notify the Secretary
15    of State shall constitute a failure  to  keep  records  under
16    this Section.
17        (e)  Evidence  derived  directly  or  indirectly from the
18    keeping of records required to be  kept  under  this  Section
19    shall  not be admissible in a prosecution of the licensee for
20    an alleged violation of Section 4-102 (a)(3) of this Code.
21    (Source: P.A. 86-444.)
22        (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
23        Sec. 6-301.2.  Fraudulent driver's license or permit.
24        (a)  (Blank).  As used in this Section:
25             1.  "A fraudulent driver's license or permit"  means
26        any  license  or  permit which purports to be an official
27        driver's license  or  permit  for  which  a  computerized
28        number and file have not been created by the Secretary of
29        State  or  other  official  driver's  license  agency  in
30        another jurisdiction;
31             2.  "A  driver's license-making implement" means any
32        implement specially designed or  primarily  used  in  the
33        manufacture,  assembly  or  authentication of an official
HB0288 Engrossed            -56-              LRB9000475NTsbB
 1        driver's license issued by  the  Secretary  of  State  or
 2        other   official   driver's  license  agency  in  another
 3        jurisdiction.   Such  implements  include,  but  are  not
 4        limited to, cameras used for  creating  driver's  license
 5        photographs, camera cards, or driver's license laminates.
 6        (b)  It is a violation of this Section for any person:
 7             1.  To  knowingly  possess  any  fraudulent driver's
 8        license or permit;
 9             2.  To knowingly possess, display  or  cause  to  be
10        displayed  any  fraudulent driver's license or permit for
11        the purpose of obtaining any account, credit, credit card
12        or debit card  from  a  bank,  financial  institution  or
13        retail mercantile establishment;
14             3.  To  knowingly  possess  any  fraudulent driver's
15        license or permit with the  intent  to  commit  a  theft,
16        deception  or  credit or debit card fraud in violation of
17        any  law  of  this  State  or  any  law  of   any   other
18        jurisdiction;
19             4.  To  knowingly  possess  any  fraudulent driver's
20        license or permit with the intent  to  commit  any  other
21        violation  of  any  laws  of this State or any law of any
22        other jurisdiction for which a  sentence  to  a  term  of
23        imprisonment  in  a  penitentiary for one year or more is
24        provided;
25             5.  To knowingly  possess  any  fraudulent  driver's
26        license or permit while in unauthorized possession of any
27        document,  instrument  or  device  capable  of defrauding
28        another;
29             6.  To knowingly  possess  any  fraudulent  driver's
30        license  or  permit with the intent to use the license or
31        permit to acquire any other identification document;
32             7.  To  knowingly  possess  without  authority   any
33        driver's license-making implement;
34             8.  To knowingly possess any stolen driver's license
HB0288 Engrossed            -57-              LRB9000475NTsbB
 1        making implement;
 2             9.  To  knowingly  duplicate,  manufacture,  sell or
 3        transfer any fraudulent driver's license or permit;
 4             10.  To advertise or distribute any  information  or
 5        materials that promote the selling, giving, or furnishing
 6        of a fraudulent driver's license or permit.
 7        (c)  Sentence.
 8             1.  Any person convicted of a violation of paragraph
 9        1  of subsection (b) of this Section shall be guilty of a
10        Class 4 felony and shall be sentenced to a  minimum  fine
11        of  $500  or 50 hours of community service, preferably at
12        an alcohol abuse prevention program, if available.
13             2.  Any person convicted of a violation  of  any  of
14        paragraphs  2 through 9 of subsection (b) of this Section
15        shall be guilty of a Class 4 felony.  A person  convicted
16        of  a second or subsequent violation shall be guilty of a
17        Class 3 felony.
18             3.  Any person convicted of a violation of paragraph
19        10 of subsection (b) of this Section shall be guilty of a
20        Class B misdemeanor.
21        (d)  This  Section  does  not   prohibit   any   lawfully
22    authorized  investigative,  protective,  law  enforcement  or
23    other  activity  of any agency of the United States, State of
24    Illinois or any other state or political subdivision thereof.
25        (e)  The Secretary may request the  Attorney  General  to
26    seek  a  restraining  order  in the circuit court against any
27    person who violates this Section  by  advertising  fraudulent
28    driver's licenses or permits.
29    (Source: P.A. 88-210; 89-283, eff. 1-1-96.)
30        (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
31        Sec.   6-500.    Definitions   of   words   and  phrases.
32    Notwithstanding the definitions set forth elsewhere  in  this
33    Code, for purposes of the Uniform Commercial Driver's License
HB0288 Engrossed            -58-              LRB9000475NTsbB
 1    Act  (UCDLA),  the  words and phrases listed below shall have
 2    the meanings ascribed to them as follows:
 3        1. Alcohol.  "Alcohol" means any substance containing any
 4    form of alcohol, including  but  not  limited  to:   ethanol;
 5    methanol; propanol and isopropanol.
 6        2. Alcohol concentration.  "Alcohol concentration" means:
 7             (a)  the  number  of grams of alcohol per 210 liters
 8        of breath; or
 9             (b)  the  number  of  grams  of  alcohol   per   100
10        milliliters of blood; or
11             (c)  the   number   of   grams  of  alcohol  per  67
12        milliliters of urine.
13        Alcohol tests administered within 2 hours of  the  driver
14    being "stopped or detained" shall be considered that driver's
15    "alcohol  concentration"  for  the purposes of enforcing this
16    UCDLA.
17        3.  Commercial Driver's  License.   "Commercial  driver's
18    license"  or "CDL" means a driver's license issued by a State
19    to a person which authorizes that person to drive  a  certain
20    class of commercial motor vehicle or vehicles.
21        4.  Commercial   Driver   License   Information   System.
22    "Commercial  Driver License Information System" (CDLIS) means
23    the  information  system   established,   pursuant   to   the
24    Commercial Motor Vehicle Safety Act of 1986 (CMVSA), to serve
25    as  a  clearinghouse  for locating information related to the
26    licensing and  identification  of  commercial  motor  vehicle
27    drivers.
28        5.  Commercial  Driver  Instruction  Permit.  "Commercial
29    driver instruction permit" means a permit issued pursuant  to
30    Section 6-508 of this UCDLA.
31        6.  Commercial Motor Vehicle.  "Commercial motor vehicle"
32    means a motor vehicle, except those referred to in  paragraph
33    (d), designed to transport passengers or property if:
34             (a)  the vehicle has a GVWR of 26,001 pounds or more
HB0288 Engrossed            -59-              LRB9000475NTsbB
 1        or  such  a  lesser  GVWR  as  subsequently determined by
 2        federal regulations or the Secretary  of  State;  or  any
 3        combination  of  vehicles with a GCWR of 26,001 pounds or
 4        more, provided the GVWR of any vehicle or vehicles  being
 5        towed is 10,001 pounds or more; or
 6             (b)  the vehicle is designed to transport 16 or more
 7        persons; or
 8             (c)  the vehicle is transporting hazardous materials
 9        and  is  required  to  be placarded in accordance with 49
10        C.F.R. Part 172, subpart F.
11             (d)  Pursuant   to   the   interpretation   of   the
12        Commercial Motor  Vehicle  Safety  Act  of  1986  by  the
13        Federal   Highway   Administration,   the  definition  of
14        "commercial vehicle" does not include:
15                  (i)  Recreational   vehicles,   when   operated
16             primarily for personal use;
17                  (ii)  United  States  Department   of   Defense
18             vehicles  being  operated by non-civilian personnel.
19             This includes any operator on active military  duty;
20             members  of  the Reserves; National Guard; personnel
21             on part-time training; and National  Guard  military
22             technicians  (civilians  who  are  required  to wear
23             military uniforms and are subject  to  the  Code  of
24             Military Justice); or
25                  (iii)  Firefighting    and    other   emergency
26             equipment with audible and visual signals, owned  or
27             operated  by  or for a governmental entity, which is
28             necessary to the preservation of life or property or
29             the execution of  emergency  governmental  functions
30             which  are  normally  not subject to general traffic
31             rules and regulations.
32        7.  Controlled Substance.  "Controlled  substance"  shall
33    have  the  same  meaning  as  defined  in  Section 102 of the
34    Illinois Controlled Substances Act, and  shall  also  include
HB0288 Engrossed            -60-              LRB9000475NTsbB
 1    cannabis as defined in Section 3 of the Cannabis Control Act.
 2        8.  Conviction.     "Conviction"   means   an   unvacated
 3    adjudication of guilt or a determination that  a  person  has
 4    violated  or  failed  to  comply  with  the law in a court of
 5    original  jurisdiction  or   an   authorized   administrative
 6    tribunal;  an  unvacated  forfeiture  of  bail  or collateral
 7    deposited to secure the person's  appearance  in  court;  the
 8    payment  of  a  fine  or court cost regardless of whether the
 9    imposition of sentence is deferred and ultimately a  judgment
10    dismissing  the  underlying charge is entered; or a violation
11    of a condition of release without bail, regardless of whether
12    or not the penalty is rebated, suspended or probated.
13        9.  Disqualification.    "Disqualification"    means    a
14    withdrawal  of  the  privilege  to  drive  a commercial motor
15    vehicle.
16        10.  Domicile.   "Domicile"  means  a  true,  fixed   and
17    permanent  legal  home of a person or the place to which such
18    person intends to return even though the  person  may  reside
19    elsewhere.  As a further explanation, "A person may have more
20    than one residence but only one domicile".
21        11.  Domiciliary.   "Domiciliary" means a "person" who is
22    domiciled.
23        12.  Drive.  "Drive" means to drive,  operate  or  be  in
24    physical control of a motor vehicle.
25        13.  Driver.   "Driver"  means  any  person  who  drives,
26    operates,  or  is  in  physical control of a commercial motor
27    vehicle, or who is required to hold a CDL.
28        14.  Employee.  "Employee" means a person who is employed
29    as a commercial  motor  vehicle  driver.   A  person  who  is
30    self-employed  as  a  commercial  motor  vehicle  driver must
31    comply with the requirements  of  this  UCDLA  pertaining  to
32    employees.   An  owner-operator on a long-term lease shall be
33    considered an employee.
34        15.  Employer.  "Employer" means a person (including  the
HB0288 Engrossed            -61-              LRB9000475NTsbB
 1    United  States,  a  State  or  a local authority) who owns or
 2    leases a commercial motor vehicle  or  assigns  employees  to
 3    operate  such  a vehicle.  A person who is self-employed as a
 4    commercial  motor  vehicle  driver  must  comply   with   the
 5    requirements of this UCDLA.
 6        16.  Felony.   "Felony"  means  an offense under State or
 7    Federal law that is punishable by death or imprisonment for a
 8    term of one year or more.
 9        17.  Foreign jurisdiction.  "Foreign jurisdiction"  means
10    a  sovereign  jurisdiction  that  does  not  fall  within the
11    definition of "State".
12        18.  Full information.  "Full information" means, for the
13    purpose  of  this  UCDLA,  all   records   of   traffic   law
14    convictions,  as contained in the records then on file in the
15    office of the Secretary of State, whether the  person  has  a
16    current  driver's  license then on file, the driver's license
17    number, and the address  and  personal  description  of  said
18    person   as   reflected  on  the  person's  driver's  license
19    application.
20        19.  Gross Vehicle Weight Rating.  "Gross Vehicle  Weight
21    Rating"   (GVWR)   means   the   value   specified   by   the
22    manufacturer(s)  as  the maximum loaded weight of a single or
23    combination of vehicles;  or  the  registered  gross  weight;
24    whichever  is greater.  The GVWR of a combination of vehicles
25    (commonly  referred  to  as  the  "Gross  Combination  Weight
26    Rating" or GCWR) is the GVWR of the power unit plus the  GVWR
27    of the towed unit or units; or the combined registered weight
28    of the power unit plus the towed unit, whichever is greater.
29        20.  Hazardous  Material.   Upon  a finding by the United
30    States Secretary of Transportation, in his or her discretion,
31    under 49 App. U.S.C. 5103(a), that the  transportation  of  a
32    particular quantity and form of material in commerce may pose
33    an  unreasonable risk to health and safety or property, he or
34    she shall designate the quantity  and  form  of  material  or
HB0288 Engrossed            -62-              LRB9000475NTsbB
 1    group or class of the materials as a hazardous material.  The
 2    materials  so  designated  may include but are not limited to
 3    explosives,   radioactive   materials,   etiologic    agents,
 4    flammable  liquids  or solids, combustible liquids or solids,
 5    poisons, oxidizing or  corrosive  materials,  and  compressed
 6    gases.     "Hazardous material" has the meaning such term has
 7    under Section 103 of the Hazardous  Materials  Transportation
 8    Act (49 App. U.S.C. 1801 et seq).
 9        21.  Long-term-lease.  "Long-term-lease" means a lease of
10    a  commercial  motor vehicle by the owner-lessor to a lessee,
11    for a period of more than 29 days.
12        22.  Motor Vehicle.  "Motor vehicle" means every  vehicle
13    which is self-propelled, and every vehicle which is propelled
14    by  electric  power obtained from over head trolley wires but
15    not operated upon rails,  except  vehicles  moved  solely  by
16    human power and motorized wheel chairs.
17        23.   Non-resident   CDL.   "Non-resident  CDL"  means  a
18    commercial  driver's  license  issued  by  a  State   to   an
19    individual who is domiciled in a foreign jurisdiction.
20        24.  -Out-of-service order.  "Out-of-service order" means
21    a  temporary  prohibition  against driving a commercial motor
22    vehicle.
23        25.  Owner-operator.  "Owner-operator"  means  commercial
24    motor   vehicle  lessor  who  leases  such  commercial  motor
25    vehicle, with driver, to a lessee.
26        26.  Serious   Traffic   Violation.    "Serious   traffic
27    violation" means:
28             (a)  A conviction when operating a commercial  motor
29        vehicle of:
30                  (i)  a    violation   relating   to   excessive
31             speeding, involving a single speeding charge  of  15
32             miles  per hour or more above the legal speed limit;
33             or
34                  (ii)  a violation relating to reckless driving;
HB0288 Engrossed            -63-              LRB9000475NTsbB
 1             or
 2                  (iii)  a violation of any State  Law  or  local
 3             ordinance  relating to motor vehicle traffic control
 4             (other   than   parking   violations)   arising   in
 5             connection with a fatal traffic accident; or
 6                  (iv)  a violation of Section 6-501, relating to
 7             having multiple driver's licenses; or
 8                  (v)  a violation of paragraph (a),  of  Section
 9             6-507,  relating  to the requirement to have a valid
10             CDL; or
11                  (vi)  a  violation  relating  to  improper   or
12             erratic traffic lane changes; or
13                  (vii)  a   violation   relating   to  following
14             another vehicle too closely; or
15             (b)  any other similar violation of a law  or  local
16        ordinance  of any state relating to motor vehicle traffic
17        control,  other  than  a  parking  violation,  which  the
18        Secretary of State determines by Administrative  Rule  to
19        be serious.
20        27.  State.   "State" means a State of the United States,
21    the District of Columbia and any  Province  or  Territory  of
22    Canada.
23        28.  Tank   vehicle.    "Tank  vehicle"  shall  mean  any
24    commercial motor vehicle that is designed  to  transport  any
25    liquid  or  gaseous  material  within  a  tank that is either
26    permanently or temporarily attached to  the  vehicle  or  the
27    chassis.   Those  vehicles  include,  but are not limited to,
28    cargo tanks and portable tanks, as defined in 49 C.F.R.  Part
29    171.   However,  this  definition  does  not include portable
30    tanks having a rated capacity of less than 1,000 gallons.
31        29.  Third party tester.  "Third party tester"  means  an
32    entity that has been approved by the Secretary.
33        30.  United  States.  "United States" means the 50 states
34    and the District of Columbia.
HB0288 Engrossed            -64-              LRB9000475NTsbB
 1        31.  Verified  evidence.   "Verified  evidence"  means  a
 2    document that  is  confirmed  or  substantiated  by  a  sworn
 3    report;  or  any  public  record  received  from  a  court of
 4    competent jurisdiction.
 5    (Source: P.A. 89-179, eff. 1-1-96; 89-571, eff. 7-26-96.)
 6        (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
 7        Sec. 6-901. Definition. Definitions.  For the purposes of
 8    this Article:
 9        "Board"  means  the  Driver's  License  Medical  Advisory
10    Board.
11        "Medical examiner" or "medical  practitioner"  means  any
12    person  licensed  to practice medicine in all its branches in
13    the State of Illinois.
14        "Medical limitation or condition" means a  scientifically
15    recognized  condition  that  may  medically impair a person's
16    physical or mental health to the extent the person is  unable
17    to safely operate a motor vehicle.
18        "Secretary"  means the Illinois Secretary of State or his
19    or her designee.
20    (Source: P.A. 87-1249.)
21        (625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
22        Sec.   7-100.    Definition   of   words   and   phrases.
23    Notwithstanding the definitions set forth in Chapter  1,  for
24    the  purposes of this Chapter, the following words shall have
25    the following meanings ascribed to them:
26        Administrator. The Department of Transportation.
27        Arrearage.   The   total   amount   of   unpaid   support
28    obligations.
29        Authenticated  document.   A  document from a court which
30    contains a court stamp, showing it is filed with  the  court,
31    or  notarized,  or  is  certified  by  the  custodian  of the
32    original.
HB0288 Engrossed            -65-              LRB9000475NTsbB
 1        Compliance with a court order  of  support.  The  support
 2    obligor is no more than an amount equal to 90 days obligation
 3    in arrears in making payments in full for current support, or
 4    in  making  periodic  payments  on  a  support  arrearage  as
 5    determined by a court.
 6        Court order of support.  A judgment order for the support
 7    of  dependent  children  issued  by  a  court  of this State,
 8    including a judgment of dissolution of marriage.
 9        Department. The Department of Transportation.
10        Driver's license.  A license or permit to operate a motor
11    vehicle in the State, including the privilege of a person  to
12    drive a motor vehicle whether or not the person holds a valid
13    license or permit.
14        Family financial responsibility driving permit.  A permit
15    granting limited driving privileges for employment or medical
16    purposes  following  a suspension of driving privileges under
17    the Family Financial  Responsibility  Law.   This  permit  is
18    valid  only  after  the  entry  of a court order granting the
19    permit and issuance of the permit by the Secretary of State's
20    Office.  An individual's driving  privileges  must  be  valid
21    except  for the family financial responsibility suspension in
22    order for this permit to be issued.  In order  to  be  valid,
23    the  permit must be in the immediate possession of the driver
24    to whom it is issued.
25        Judgment. A final judgment  of  any  court  of  competent
26    jurisdiction  of any State, against a person as defendant for
27    damages on account of bodily injury to or death of any person
28    or damages to property resulting from the  operation  of  any
29    motor vehicle.
30        Obligor.  The individual who owes a duty to make payments
31    under a court order of support.
32        Obligee.   The individual or other legal entity to whom a
33    duty of support is owed through a court order of  support  or
34    the individual's legal representatives.
HB0288 Engrossed            -66-              LRB9000475NTsbB
 1    (Source: P.A. 89-92, eff. 7-1-96.)
 2        (625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
 3        Sec.   7-102.    Court  Review.  The  provisions  of  the
 4    Administrative   Review   Law,   and   all   amendments   and
 5    modifications  thereof,  and  the  rules   adopted   pursuant
 6    thereto,  shall  apply  to and govern all proceedings for the
 7    judicial review of  final  administrative  decisions  of  the
 8    Administrator  or  the Secretary of State hereunder. The term
 9    "administrative decision" is defined as in Section  3-101  of
10    the Code of Civil Procedure.
11    (Source: P.A. 82-783.)
12        (625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
13        Sec.   7-305.   Suspension  until  proof  furnished.  The
14    suspension of  such  certificates  of  registration,  license
15    plates  and  registration stickers of such person as provided
16    for in Section 7-304 shall remain in effect and the Secretary
17    of State shall not issue  to  any  such  person  any  new  or
18    renewal  of  driver's  license  and  shall  not  register  or
19    re-register  in  the  name  of  such person any motor vehicle
20    until permitted under this Article and not  then  unless  and
21    until said person gives proof of his financial responsibility
22    in  the  future,  as defined in this Code provided in Section
23    7-302, such proof to be maintained by said person in a manner
24    satisfactory to the Secretary of State  for  a  period  of  3
25    years after the date such proof is first filed.
26    (Source: P.A. 84-112.)
27        (625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
28        Sec.  7-501.   Assigned  Risk  Plans.  If,  on  or before
29    January 1, 1946, every insurance carrier authorized to  write
30    automobile  bodily  injury  liability insurance in this State
31    shall not subscribe to an assigned risk plan approved by  the
HB0288 Engrossed            -67-              LRB9000475NTsbB
 1    Director of Insurance, providing that no carrier may withdraw
 2    therefrom  after  approval  of  the Director, the Director of
 3    Insurance shall, when  he   finds  that  an  application  for
 4    bodily  injury  or property damage insurance by a risk, which
 5    may become subject to this Act or is a  local  public  entity
 6    subject  to  the  Local  Governmental  and  Governmental Tort
 7    Immunity  Act,  and  in  good  faith  is  entitled  to   such
 8    insurance,   has  been  rejected  by  3  insurance  carriers,
 9    designate an insurance carrier which shall  be  obligated  to
10    issue  forthwith  its  usual  form  of  policy providing such
11    insurance for such risk. The Director  shall  make  equitable
12    distribution  of  such  assignments  among insurance carriers
13    proportionate, so far as  practicable,  by  premiums  to  the
14    respective   net  direct  automobile  bodily  injury  premium
15    writings of the carriers authorized to do  business  in  this
16    State.  The  Director  of Insurance shall establish rules and
17    regulations for the administration of the provisions of  this
18    Section.
19        If  any  carrier  refuses  or neglects to comply with the
20    provisions of this Section or with any lawful order or ruling
21    made by the Director of Insurance pursuant to  this  Section,
22    the  Director  may,  after  notice  and  hearing, suspend the
23    license of such carrier to transact any insurance business in
24    this State until such carrier shall have complied  with  such
25    order.  The  provisions of the Administrative Review Law, and
26    all amendments  and  modifications  thereof,  and  the  rules
27    adopted  pursuant  thereto,  shall  apply  to  and govern all
28    proceedings for the judicial review of  final  administrative
29    decisions  of  the  Director of Insurance hereunder. The term
30    "administrative decision" is defined as in Section  3-101  of
31    the Code of Civil Procedure.
32    (Source: P.A. 82-783.)
33        (625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
HB0288 Engrossed            -68-              LRB9000475NTsbB
 1        Sec.   11-100.  Definition  of  Administrator  words  and
 2    phrases. Notwithstanding the definitions set forth in Chapter
 3    1 of this  Code,  For  the  purposes  of  this  Chapter,  the
 4    following  words  shall have the meanings ascribed to them as
 5    follows: Department. The Department of Transportation  acting
 6    directly  or through its duly authorized officers and agents.
 7    "Administrator". means  the  Administrator  of  the  Illinois
 8    Safety  and  Family Financial Responsibility Law in Chapter 7
 9    of this Code.
10    (Source: P.A. 89-92, eff. 7-1-96.)
11        (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
12        Sec. 11-416.  Furnishing  copies - Fees.  The  Department
13    of  State  Police  may  furnish  copies  of an Illinois State
14    Police Traffic Accident Report that has been investigated  by
15    the  State Police and shall be paid a fee of $5 for each such
16    copy, or in the case of an accident which was investigated by
17    an accident reconstruction officer or accident reconstruction
18    team, a fee of $20 shall be paid.
19        Other State law enforcement agencies or  law  enforcement
20    agencies  of  local  authorities,  as  defined  under Section
21    11-100 of this Code, may furnish copies of  traffic  accident
22    reports  prepared  by such agencies and may receive a fee not
23    to exceed $5 for each copy or in  the  case  of  an  accident
24    which  was investigated by an accident reconstruction officer
25    or accident reconstruction  team,  the  State  or  local  law
26    enforcement agency may receive a fee not to exceed $20.
27        Any  written  accident report required or requested to be
28    furnished the Administrator shall be provided without cost or
29    fee charges  authorized  under  this  Section  or  any  other
30    provision of law.
31    (Source: P.A. 84-1308.)
32        (625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)
HB0288 Engrossed            -69-              LRB9000475NTsbB
 1        Sec.  11-1403.3.   Intercom  helmets.   Any  driver  of a
 2    vehicle defined in Section 1-145.001, 1-147, 1-148 or 1-148.2
 3    of this Code may use a helmet  equipped  with  an  electronic
 4    intercom  system  permitting  2-way  vocal communication with
 5    drivers of any such vehicles or passengers on such vehicles.
 6    (Source: P.A. 85-273.)
 7        (625 ILCS 5/11-1424) (from Ch. 95 1/2, par. 11-1424)
 8        Sec. 11-1424.  Operation of a religious organization bus.
 9    (a)  No religious organization bus may  be  operated  on  any
10    street   or   highway   unless  all  passengers,  except  for
11    supervisory  personnel,  are  seated  in  seats   permanently
12    mounted  to  the  vehicle,  and  the aisle of the bus is kept
13    clean and open.
14        (b)  No religious organization bus may be operated on any
15    street or highway while carrying more than the manufacturer's
16    rated passenger capacity for such bus, or at a  gross  weight
17    in  excess of the chassis manufacturer's gross vehicle weight
18    rating (GVWR) or gross  axle  weight  rating  (GAWR),  or  in
19    excess  of  the weight load ratings of the tires on such bus.
20    For Buses or tires on which the manufacturer  has  not  shown
21    such  ratings,  by a label, embossment, molding or equivalent
22    means, the Department shall provide, or assist in  obtaining,
23    the necessary ratings and may publish such ratings.
24        (c)  In  loading  or  unloading passengers, the religious
25    organization bus driver shall stop the bus out of the lane of
26    moving traffic at any bus stop, officially designated as such
27    by government  authorities  or  in  a  parking  lane  on  the
28    pavement  of  the  highway  or  on  the  shoulder  off of the
29    highway, if  wide  enough  to  permit  the  safe  loading  or
30    unloading  of  passengers.  If, however, there is no such bus
31    stop,  parking  lane  or  shoulder  within  50  feet  of  the
32    residence or temporary residence of the passenger transported
33    or to be transported by the bus or  within  50  feet  of  the
HB0288 Engrossed            -70-              LRB9000475NTsbB
 1    religious  facility,  the  driver  may  stop  the  bus on the
 2    pavement  of  the  highway  after  activating   unison  amber
 3    warning lights for not less than 200 feet before the  bus  is
 4    brought  to  a  stop and while passengers are being loaded or
 5    unloaded, or if the bus is equipped as a school bus and meets
 6    the requirements of Article VIII of this  Act,  by  complying
 7    with the subsections (b), (c) and (d) of Section 11-1414.
 8        (d)  At  all  pickup  points  where it is necessary for a
 9    religious organization bus passenger  under  the  age  of  12
10    years  to  cross  the roadway to board the bus, a responsible
11    supervisor on the bus shall personally  escort  the  awaiting
12    passenger  when  it is safe to cross the roadway ahead of the
13    bus.
14        (e)  At all discharge points where it is necessary for  a
15    religious  organization  bus passenger under the age of 12 to
16    cross the roadway, a responsible supervisor on the bus  shall
17    personally  escort  the passenger to a point approximately 10
18    feet in front of the bus on the shoulder and then, when it is
19    safe to cross the roadway, across the roadway to a  place  of
20    safety.
21        (f)  If  a school bus is used by a religious organization
22    bus for the purposes specified in subsection (a)  of  Section
23    1-111.1a   1-171.01  and  activates  the  visual  signals  as
24    required by subsections (b), (c) and (d) of  Section  11-1414
25    when  picking  up  or discharging passengers, compliance with
26    subsections (d) and (e) of this Section is optional.
27    (Source: P.A. 80-506.)
28        (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
29        Sec. 12-603. Seat safety belts.
30        (a)  No person shall sell any 1965 or later  model  motor
31    vehicle  of  the first division unless the front seat of such
32    motor vehicle is equipped with 2 sets of seat  safety  belts.
33    Motorcycles are exempted from the provisions of this Section.
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 1        (b)  No  person  shall  operate  any  1965 or later model
 2    motor vehicle  of  the  first  division  that  is  titled  or
 3    licensed  by  the Secretary of State unless the front seat of
 4    such motor vehicle is equipped with 2  sets  of  seat  safety
 5    belts.
 6        (c)  (Blank).  As  used  in  this  Section,  "seat safety
 7    belts" means  a  set  of  belts  or  a  harness  meeting  the
 8    specifications established by the Department and installed in
 9    such  manner  as to prevent or materially reduce the movement
10    of the person using the same in the  event  of  collision  or
11    upset of the vehicle.
12        (d)  The    Department    shall   establish   performance
13    specifications for seat safety belts and for  the  attachment
14    and installation thereof.
15    (Source: P.A. 89-120, eff. 7-7-95.)
16        (625 ILCS 5/12-605.1) (from Ch. 95 1/2, par. 12-605.1)
17        Sec.  12-605.1.  (a)  On  or  after  two  years  from the
18    effective date of this Act, no bus which was first placed  in
19    service  after  July 1, 1969, or which has undergone complete
20    renovation and  restoration  since  July  1,  1969  shall  be
21    operated  as  a part of any local mass transit system in this
22    State unless the vehicle is equipped  with  radio  facilities
23    permitting two-way vocal communications between the bus and a
24    local transit control office.  As used in this Section "local
25    mass  transit  system"  means  an  organized system providing
26    passenger  transportation  over  regular  routes   within   a
27    designated  municipality or area. This Section does not apply
28    to buses used for charter service, school  buses,  intrastate
29    carriers while not providing transportation services pursuant
30    to  contracts  with  any  local  mass transit system, private
31    non-profit carriers receiving assistance under Section 16(b)2
32    of the Urban Mass Transportation  Act  of  1964  as  amended,
33    carriers  receiving assistance pursuant to Article III of the
HB0288 Engrossed            -72-              LRB9000475NTsbB
 1    Downstate Public Transportation Act, or  interstate  carriers
 2    and buses owned by a private local mass transit system;
 3        (b)  A  local  mass transit system operating a bus not in
 4    compliance with the requirements of subsection (a) shall  not
 5    be  in violation of that subsection, provided that the bus is
 6    brought into compliance within a reasonable time (in no event
 7    to exceed 1 week) following written notification to the  mass
 8    transit system of the fact that the bus is not in compliance.
 9    (Source: P.A. 81-1184.)
10        (625 ILCS 5/12-605.2) (from Ch. 95 1/2, par. 12-605.2)
11        Sec.  12-605.2.   Beginning  30  days after the effective
12    date of this amendatory Act of 1988, no person shall  consume
13    any  food  or  drink,  excluding  any  medicine, upon any bus
14    operated as a part of any local mass transit system  in  this
15    State.   As  used in this Section "local mass transit system"
16    means an organized system providing passenger  transportation
17    over regular routes within a designated municipality or area.
18    This  Section  does  not  apply  to  buses  used  for charter
19    service,  school  buses,  intrastate   carriers   while   not
20    providing  transportation services pursuant to contracts with
21    any  local  mass  transit  system,  and  private   non-profit
22    carriers.
23        Persons  found  guilty of violating this Section shall be
24    fined $100.
25    (Source: P.A. 85-1364.)
26        (625 ILCS 5/12-607.1) (from Ch. 95 1/2, par. 12-607.1)
27        Sec. 12-607.1.  Frame and floor height.  (a)   No  person
28    shall  operate  upon a highway a first division vehicle which
29    has a clearance between the frame and ground in excess of  22
30    inches.   The  lowest  portion of the body floor shall not be
31    more than 4 inches above the  top  of  the  frame.   No  such
32    vehicle  shall  be  modified  to  cause  the  vehicle body or
HB0288 Engrossed            -73-              LRB9000475NTsbB
 1    chassis to come in contact with the ground, expose  the  fuel
 2    tank  to damage from collision or cause the wheels to come in
 3    contact with the body under normal operation.
 4        (b) No person shall  operate  upon  a  highway  a  second
 5    division  vehicle which has a clearance between the frame and
 6    ground which is in excess of the limits specified within this
 7    subsection  for  its  gross  vehicle  weight  rating   (GVWR)
 8    category.   For  the  purpose of this section, GVWR means the
 9    manufacturer's gross vehicle weight rating whether or not the
10    vehicle is modified  by  the  use  of  parts  not  originally
11    installed  by the manufacturer.  The stacking or attaching of
12    vehicle frames (one frame on top of or beneath another frame)
13    is prohibited. No portion of the body floor shall  be  raised
14    above the frame.
15        (1)  The  frame height of second division vehicles, whose
16    GVWR is under 4,500 pounds, shall be no more than 24 inches.
17        (2)  The frame height of second division vehicles,  whose
18    GVWR  is  more  than 4,500 pounds and less than 7,500 pounds,
19    shall be no more than 26 inches.
20        (3)  The frame height of second division vehicles,  whose
21    GVWR  is  more than 7,500 pounds and less than 10,000 pounds,
22    shall be no more than 28 inches.
23        (c)  Under  subsections  (a)  or  (b)  of  this  Section,
24    measurements shall be made when a vehicle  is  unladen  on  a
25    level  surface  at  the  lowest  point from the bottom of the
26    original  vehicle  manufacturer's  longitudinal  frame   rail
27    between the front axle and second axle on the vehicle.
28        (d)  This Section does not apply to specially designed or
29    modified motor vehicles when operated off the highways.  Such
30    motor  vehicles  may  be transported upon the highway only by
31    use of a trailer or semitrailer.  The specially  designed  or
32    modified  motor  vehicle may also be transported upon another
33    vehicle, providing that the entire weight of the specifically
34    designed or modified vehicle is resting upon the transporting
HB0288 Engrossed            -74-              LRB9000475NTsbB
 1    vehicle.
 2        (e)  Any  violation  of  this  Section  is  a   Class   C
 3    misdemeanor.  A second conviction under this Section shall be
 4    punished with a fine of not less than $500. An officer making
 5    an  arrest  under this Section shall order the vehicle driver
 6    to remove the vehicle from the highway.  A  person  convicted
 7    under this Section shall be ordered to bring his vehicle into
 8    compliance with this Section.
 9    (Source: P.A. 86-498.)
10        (625 ILCS 5/12-714)
11        Sec.  12-714.  Possession  and  use  of  radar  detection
12    devices prohibited.
13        (a)  No  person  shall  operate  or be in actual physical
14    control of a commercial motor vehicle as defined  in  Section
15    6-500(6)  of  this  Code  while the motor vehicle is equipped
16    with any instrument designed to detect the presence of police
17    radar for the purpose of monitoring  vehicular  speed.    For
18    purposes  of  this  Section,  the  term  "equipped" means and
19    includes possession or use within a commercial motor vehicle.
20        (b)  Notwithstanding subsection (a) of  this  Section,  a
21    person  operating  a  commercial  motor vehicle as defined in
22    Section 6-500(6) of  this  Code,  who  possesses  within  the
23    vehicle  a  radar  detecting  device  that  is contained in a
24    locked opaque box or similar container, or that is not in the
25    passenger compartment of the vehicle,  and  that  is  not  in
26    operation,  shall  not  be  in violation of subsection (a) of
27    this Section.
28        Any person found guilty of violating this  Section  shall
29    be guilty of a petty offense.  A minimum fine of $50 shall be
30    imposed  for a first offense and a minimum fine of $100 for a
31    second or subsequent offense.
32        (c)  The radar detection device  or  mechanism  shall  be
33    seized  by  the  law  enforcement  officer at the time of the
HB0288 Engrossed            -75-              LRB9000475NTsbB
 1    violation if the offender has previously  been  convicted  of
 2    violating  this Section.  This Section shall not be construed
 3    to authorize the permanent forfeiture to  the  State  of  any
 4    radar  detection  device  or  mechanism.   Any such device or
 5    mechanism shall be taken and held for the period when  needed
 6    as  evidence.   When  no  longer  needed  for  evidence,  the
 7    defendant may petition the court for the return of the device
 8    or mechanism; provided the defendant shall prove to the court
 9    by  a  preponderance  of  the  evidence  that  the  device or
10    mechanism will be used  only  for  a  legitimate  and  lawful
11    purpose.
12        (d)  No  commercial  motor  vehicle,  or  driver  of such
13    vehicle, shall be stopped or searched by any law  enforcement
14    officer  solely  on  the  basis  of  a violation or suspected
15    violation of this Section.
16    (Source: P.A. 87-1202; 88-45.)
17        (625 ILCS 5/12-715)
18        Sec.  12-715..  Possession  and  use  of  radar   jamming
19    devices prohibited.
20        (a)  No  person  shall  operate  or be in actual physical
21    control of a commercial motor vehicle as defined  in  Section
22    6-500(6)  of  this  Code  while the motor vehicle is equipped
23    with any instrument designed to interfere with microwaves  at
24    frequencies   used   by  police  radar  for  the  purpose  of
25    monitoring vehicular speed.  For purposes  of  this  Section,
26    the  term  "equipped"  means  and  includes possession or use
27    within a commercial motor vehicle.
28        (b)  Notwithstanding subsection (a) of  this  Section,  a
29    person  operating  a  commercial  motor vehicle as defined in
30    Section 6-500(6) of  this  Code,  who  possesses  within  the
31    vehicle  a radar jamming device that is contained in a locked
32    opaque box or similar  container,  or  that  is  not  in  the
33    passenger  compartment  of  the  vehicle,  and that is not in
HB0288 Engrossed            -76-              LRB9000475NTsbB
 1    operation, shall not be in violation  of  subsection  (a)  of
 2    this Section.
 3        Any  person  found guilty of violating this Section shall
 4    be guilty of a petty offense.  A minimum fine of $50 shall be
 5    imposed for a first offense and a minimum fine of $100 for  a
 6    second or subsequent offense.
 7        (c)  The  radar  jamming  device  or  mechanism  shall be
 8    seized by the law enforcement officer  at  the  time  of  the
 9    violation.   This Section shall not be construed to authorize
10    the permanent forfeiture to the State of  any  radar  jamming
11    device  or  mechanism.  Any such device or mechanism shall be
12    taken and held for the period when needed as evidence.   When
13    no longer needed for evidence, the defendant may petition the
14    court for the return of the device or mechanism; provided the
15    defendant  shall prove to the court by a preponderance of the
16    evidence that the device or mechanism will be used only for a
17    legitimate and lawful purpose.
18        (d)  No commercial  motor  vehicle,  or  driver  of  such
19    vehicle,  shall be stopped or searched by any law enforcement
20    officer solely on the  basis  of  a  violation  or  suspected
21    violation of this Section.
22    (Source: P.A. 87-1202; 88-45.)
23        (625 ILCS 5/12-902) (from Ch. 95 1/2, par. 12-902)
24        Sec.  12-902.   Rules and regulations.  The Department of
25    Transportation may promulgate rules and regulations  to  more
26    completely specify the equipment requirements for every motor
27    vehicle defined as a religious organization bus under Section
28    1-111.1a 1-171.01.
29    (Source: P.A. 79-798.)
30        (625 ILCS 5/13B-5)
31        Sec.   13B-5.  Definitions.  For  the  purposes  of  this
32    Chapter:
HB0288 Engrossed            -77-              LRB9000475NTsbB
 1        "Affected counties" means  Cook  County;  DuPage  County;
 2    Lake County; those parts of Kane County that are not included
 3    within  any of the following ZIP code areas, as designated by
 4    the U.S.  Postal  Service  on  the  effective  date  of  this
 5    amendatory  Act  of  1994: 60109, 60119, 60135, 60140, 60142,
 6    60144, 60147,  60151,  60152,  60178,  60182,  60511,  60520,
 7    60545,  and 60554; those parts of Kendall County that are not
 8    included within any of  the  following  ZIP  code  areas,  as
 9    designated  by  the U.S. Postal Service on the effective date
10    of this amendatory Act of 1994: 60447, 60512,  60536,  60537,
11    60541,  those  parts  of 60543 that are not within the census
12    defined urbanized area, 60545,  and  60560;  those  parts  of
13    McHenry  County  that  are  not  included  within  any of the
14    following ZIP code areas, as designated by  the  U.S.  Postal
15    Service on the effective date of this amendatory Act of 1994:
16    60001,  60033,  60034,  60071,  60072,  60097,  60098, 60142,
17    60152, and 60180; those parts of Will  County  that  are  not
18    included  within  any  of  the  following  ZIP code areas, as
19    designated by the U.S. Postal Service on the  effective  date
20    of  this  amendatory Act of 1994: 60401, 60407, 60408, 60410,
21    60416, 60418, 60421, 60442, 60447, 60468,  60481,  60935  and
22    60950;  those  parts  of Madison County that are not included
23    within any of the following ZIP code areas, as designated  by
24    the  U.S.  Postal  Service  on  the  effective  date  of this
25    amendatory Act of 1994: 62001, 62012,  62021,  62026,  62046,
26    62058,  62061,  62067, 62074, 62088, 62097, 62249, 62275, and
27    62281; those parts of Monroe County  that  are  not  included
28    within  any of the following ZIP code areas, as designated by
29    the U.S.  Postal  Service  on  the  effective  date  of  this
30    amendatory  Act  of  1994: 62244, 62248, 62256, 62261, 62276,
31    62278, 62279, 62295, and 62298; and those parts of St.  Clair
32    County  that are not included within any of the following ZIP
33    code areas, as designated by the U.S. Postal Service  on  the
34    effective  date of this amendatory Act of 1994: 62224, 62243,
HB0288 Engrossed            -78-              LRB9000475NTsbB
 1    62248, 62254,  62255,  62257,  62258,  62260,  62264,  62265,
 2    62269, 62278, 62282, 62285, 62289, and 62298.
 3        "Agency"  means  the  Illinois  Environmental  Protection
 4    Agency.
 5        "Board" means the Illinois Pollution Control Board.
 6        "Inspection  area" means Cook County, DuPage County, Lake
 7    County and those portions of Kane, Kendall, Madison, McHenry,
 8    Monroe,  Will,  and  St.  Clair  Counties  included  in   the
 9    definition of "affected counties".
10        "Model  year"  means the year of manufacture of a vehicle
11    based upon the annual production period  of  the  vehicle  as
12    designated by the manufacturer and indicated on the title and
13    registration  of  the  vehicle.  If the manufacturer does not
14    designate a production period for the  vehicle,  then  "model
15    year" means the calendar year of manufacture.
16        "Owner"  means  the  registered  owner of the vehicle, as
17    indicated on the vehicle's registration. In the  case  of  an
18    unregistered  vehicle,  "owner"  has the meaning set forth in
19    Section 1-155 of this Code.
20        "Program" means the vehicle emission  inspection  program
21    established under this Chapter.
22        "Resident" includes natural persons, foreign and domestic
23    corporations,   partnerships,  associations,  and  all  other
24    commercial and governmental  entities.  For  the  purpose  of
25    determining  residence,  the  owner  of  a  vehicle  shall be
26    presumed to reside at the address indicated on the  vehicle's
27    registration.  A  governmental  entity, including the federal
28    government and its agencies, and any unit of local government
29    or school district, any part of which is  located  within  an
30    affected  county,  shall  be deemed a resident of an affected
31    county for the purpose of any vehicle that is  owned  by  the
32    governmental  entity  and  regularly  operated in an affected
33    county.
34        "Registration" of a vehicle means its registration  under
HB0288 Engrossed            -79-              LRB9000475NTsbB
 1    Article IV of Chapter 3 of this Code.
 2        "Recognized    repair    technician"   means   a   person
 3    professionally engaged in vehicle repair, employed by a going
 4    concern  whose  purpose  is  vehicle  repair,  or  possessing
 5    nationally  recognized  certification  for   emission-related
 6    diagnosis and repair.
 7    (Source: P.A. 88-533.)
 8        (625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
 9        Sec. 15-107.  Length of vehicles.
10        (a)  Unless  otherwise  provided  for  in  this  Code, no
11    single  vehicle,  with  or  without  load,   other   than   a
12    semitrailer  that  is  not  a  housetrailer,  shall exceed an
13    overall length of 42 feet.
14        (b)  Subject to  the  provisions  of  paragraph  (f)  and
15    unless  otherwise provided in this Code, no truck tractor and
16    semitrailer, unladen or with load, except a semitrailer other
17    than a house trailer,  shall  exceed  a  length  of  55  feet
18    extreme  overall  dimension, except that the combination when
19    specially designed to transport motor  vehicles  may  have  a
20    length of 60 feet extreme overall dimension, subject to those
21    exceptions  and  special rules otherwise stated in this Code.
22    No other combination of vehicles, unladen or with load, shall
23    exceed a length of 60 feet extreme overall dimension.
24        (c)  A truck tractor semitrailer may draw one trailer, or
25    a converter dolly,  or  a  vehicle  that  is  special  mobile
26    equipment  if  the extreme length of the combination does not
27    exceed 60 feet, and a truck in transit may draw 3  trucks  in
28    transit  coupled  together  by the triple saddlemount method.
29    Except  as  otherwise  provided,  no  other  combinations  of
30    vehicles coupled  together  shall  consist  of  more  than  2
31    vehicles.  For  the  purposes  of this paragraph, a tow-dolly
32    that merely serves as substitute wheels for  another  legally
33    licensed  vehicle  will be considered part of the vehicle and
HB0288 Engrossed            -80-              LRB9000475NTsbB
 1    not as a separate vehicle.
 2        Vehicles   in   combination,   whether   being   operated
 3    intrastate or interstate, shall  be  operated  and  towed  in
 4    compliance   with   all   requirements   of  Federal  Highway
 5    Administration, Title 49, C.  F.  R.,  Motor  Carrier  Safety
 6    Regulations,   pertaining  to  coupling  devices  and  towing
 7    methods and all other equipment safety requirements set forth
 8    in the regulations.
 9        (d)  Notwithstanding any other provisions of  this  Code,
10    there  is  no  overall  length  limitation  on motor vehicles
11    operating   in    truck    tractor-semitrailer    or    truck
12    tractor-semitrailer-trailer    combinations,    except   that
13    maxi-cube combinations as defined  in  this  Section,  and  a
14    combination  of  vehicles  specifically designed to transport
15    motor vehicles or boats, shall not  exceed  65  feet  overall
16    length,  and  provided  that a stinger steered combination of
17    vehicles specifically designed to transport motor vehicles or
18    boats and a truck in transit transporting  3  trucks  coupled
19    together by the triple saddlemount method shall not exceed 75
20    feet overall length, with the length limitations inclusive of
21    front  and  rear bumpers but exclusive of the overhang of the
22    transported vehicles as provided for in paragraph (i) of this
23    Section, upon the National System of Interstate  and  Defense
24    Highways  or  any  other  highways  in  the  system  of State
25    highways that have been designated Class I  highways  by  the
26    Department  or  any  street  or  highway  designated by local
27    authorities or road district commissioners; provided that the
28    length  of  the  semitrailer  unit,  unladen  or  with  load,
29    operated in a truck tractor-semitrailer combination shall not
30    exceed 53 feet and the distance between the kingpin  and  the
31    center  of the rear axle of a semitrailer longer than 48 feet
32    shall not exceed 45 feet, 6 inches;  and  provided  that  the
33    length  of  any semitrailer or trailer, unladen or with load,
34    operated in a truck  tractor-semitrailer-trailer  combination
HB0288 Engrossed            -81-              LRB9000475NTsbB
 1    shall not exceed 28 feet 6 inches.
 2        The  length  limitations  described in this paragraph (d)
 3    shall be exclusive of safety and energy conservation devices,
 4    such as rear view mirrors, turn signals, marker lamps,  steps
 5    and   handholds   for   entry  and  egress,  flexible  fender
 6    extensions,  bumpers,   mudflaps   and   splash   and   spray
 7    suppressant  devices,  load-induced tire bulge, refrigeration
 8    units  or  air  compressors  and  other  devices,  that   the
 9    Department  may interpret as necessary for safe and efficient
10    operation;  except  that  no  device  excluded   under   this
11    paragraph  shall  have by its design or use the capability to
12    carry cargo.
13        Vehicles operating under this paragraph  (d)  shall  have
14    access  for a distance of one highway mile to or from a Class
15    I highway on any street or highway, unless there  is  a  sign
16    prohibiting  the  access,  or  5 highway miles on a street or
17    highway in the system of State highways, and upon any  street
18    or  highway  designated,  without  additional  fees, by local
19    authorities or road  district  commissioners,  to  points  of
20    loading  and unloading and facilities for food, fuel, repairs
21    and rest. Household  goods  carriers  shall  have  access  to
22    points of loading and unloading.
23        For  purposes  of this Section, a maxi-cube vehicle shall
24    be defined as a  combination  of  vehicles  consisting  of  a
25    truck-tractor,  upon  which  is  mounted  a  separable  cargo
26    carrying  semi-trailer,  and a trailing unit that is attached
27    by a pintle hook or similar connection,  with  the  separable
28    cargo  carrying  semi-trailer designed so as to be loaded and
29    unloaded through the trailing unit, except  that  the  entire
30    combination  shall  not  exceed  65  feet  in length and that
31    neither  the  semi-trailer  nor  the  trailing  unit  in  the
32    combination shall by itself exceed 34 feet in length.
33        Section 5-35 of the Illinois Administrative Procedure Act
34    relating to procedures for rulemaking shall not apply to  the
HB0288 Engrossed            -82-              LRB9000475NTsbB
 1    designation of highways under this paragraph (d).
 2        (e)  In  addition  to  the  designation of highways under
 3    paragraph (d) the Department may designate other  streets  or
 4    highways  in  the  system  of  State  highways  as  Class  II
 5    highways.  Notwithstanding any other provisions of this Code,
 6    effective  June 1, 1996 there is no overall length limitation
 7    on motor  vehicles  operating  in  truck  tractor-semitrailer
 8    combinations  operating  upon  designated  Class II highways,
 9    provided the length of the semitrailer unit, unladen or  with
10    load,  operated  in  a  truck tractor-semitrailer combination
11    shall not exceed 53 feet and the distance between the kingpin
12    and the center of the rear axle of a semitrailer longer  than
13    48  feet  shall  not  exceed  45  feet,  6  inches.   A truck
14    tractor-semitrailer-trailer  combination  may   be   operated
15    provided  that  the wheelbase between the front axle and rear
16    axle shall  not  exceed  65   feet  and  the  length  of  any
17    semitrailer   or   trailer,   unladen  or  with  load,  in  a
18    combination  shall  not  exceed  28  feet  6  inches.   Local
19    authorities  and  road district commissioners with respect to
20    streets and highways under their jurisdiction,  may  also  by
21    ordinance  or resolution allow the length limitations of this
22    paragraph (e).
23        A maxi-cube combination, a truck in transit  transporting
24    3  trucks  coupled together by the triple saddlemount method,
25    and  a  combination  of  vehicles  specifically  designed  to
26    transport  motor  vehicles  or  boats  may  operate  on   the
27    designated  streets  or  highways provided the overall length
28    shall not exceed 65 feet, and provided that a stinger steered
29    combination of vehicles specifically  designed  to  transport
30    motor  vehicles  or  boats  shall  not exceed 75 feet overall
31    length, with the length limitations inclusive  of  front  and
32    rear bumpers but exclusive of the overhang of the transported
33    vehicles as provided for in paragraph (i) of this Section.
34        The  length  limitations  described in this paragraph (e)
HB0288 Engrossed            -83-              LRB9000475NTsbB
 1    shall be exclusive of safety and energy conservation devices,
 2    such as rear view mirrors, turn signals, marker lamps,  steps
 3    and   handholds   for   entry  and  egress,  flexible  fender
 4    extensions,  bumpers,   mudflaps   and   splash   and   spray
 5    suppressant  devices,  load-induced tire bulge, refrigeration
 6    units  or  air  compressors  and  other  devices,  that   the
 7    Department  may interpret as necessary for safe and efficient
 8    operation;  except  that  no  device  excluded   under   this
 9    paragraph  shall  have by its design or use the capability to
10    carry cargo.
11        Vehicles operating under this paragraph  (e)  shall  have
12    access  for  a  distance  of  5  highway miles on a street or
13    highway in the system of State highways, and upon any  street
14    or  highway  designated by local authorities or road district
15    commissioners, to points of  loading  and  unloading  and  to
16    facilities  for food, fuel, repairs and rest. Household goods
17    carriers  shall  have  access  to  points  of   loading   and
18    unloading.
19        Section 5-35 of the Illinois Administrative Procedure Act
20    relating  to procedures for rulemaking shall not apply to the
21    designation of highways under this paragraph (e).
22        (f)  On any street or highway  in  the  system  of  State
23    highways that has not been designated by the Department under
24    paragraph  (d)  or  (e), the wheelbase between the front axle
25    and the rear axle in a truck tractor-semitrailer  combination
26    shall not exceed 55 feet or, effective June 1, 1996, no truck
27    tractor  and  semitrailer,  unladen  or  with  load, except a
28    semitrailer other than a house trailer, shall exceed a length
29    of 65 feet between extreme overall dimensions, the length  of
30    the  semitrailer,  unladen  or with load, shall not exceed 53
31    feet and the distance between the kingpin and the  center  of
32    the  rear axle of a semitrailer longer than 48 feet shall not
33    exceed 42 feet, 6 inches. On any street  or  highway  in  the
34    State  system of highways that has not been designated by the
HB0288 Engrossed            -84-              LRB9000475NTsbB
 1    Department   under   paragraph   (d)   or   (e),   no   truck
 2    tractor-semitrailer-trailer combination shall exceed a length
 3    of 60 feet extreme overall dimension.
 4        (g)  Length limitations in the preceding  subsections  of
 5    this  Section  15-107 shall not apply to vehicles operated in
 6    the daytime, except on Saturdays, Sundays or legal  holidays,
 7    when  transporting poles, pipe, machinery or other objects of
 8    a structural nature that cannot readily be  dismembered,  nor
 9    to vehicles transporting those objects operated on Saturdays,
10    Sundays or legal holidays or at nighttime by a public utility
11    when   required   for  emergency  repair  of  public  service
12    facilities  or  properties,  but  in  respect  to  the  night
13    operation  every  vehicle  and  the  load  thereon  shall  be
14    equipped with a sufficient number of clearance lamps on  both
15    sides   and  marker  lamps  upon  the  extreme  ends  of  any
16    projecting load to clearly mark the dimensions of  the  load,
17    provided  that  the  overall length of vehicle and load shall
18    not exceed 100 feet and no object exceeding 80 feet in length
19    shall  be  transported,  except  by  a  public  utility  when
20    required for emergency repairs, unless  a  permit  has  first
21    been  obtained as authorized in Section 15-301. A combination
22    of vehicles, including a tow truck and a disabled vehicle  or
23    disabled  combination  of  vehicles,  that exceeds the length
24    restriction imposed by this Code, may be operated on a public
25    highway in this State upon the following conditions:
26             (1)  The towing vehicle must be:
27                  a.  specifically designed as a tow truck having
28             a gross vehicle weight rating  of  at  least  18,000
29             lbs. and equipped with air brakes;
30                  b.  equipped   with   flashing,   rotating   or
31             oscillating  amber  lights,  visible for a least 500
32             feet in all directions; and
33                  c.  capable  of  utilizing  the  lighting   and
34             braking   systems   of   the   disabled  vehicle  or
HB0288 Engrossed            -85-              LRB9000475NTsbB
 1             combination of vehicles.
 2             (2)  The towing of vehicles on the highways of  this
 3        State shall not exceed 50 miles from the initial point of
 4        wreck  or  disablement.  Any  additional  movement of the
 5        vehicles shall only occur upon issuance of  authorization
 6        for  that movement under the provisions of Section 15-301
 7        through 15-319 of this Chapter.
 8        The  Department  may  by  rule  or  regulation  prescribe
 9    additional requirements regarding length  limitations  for  a
10    tow truck towing another vehicle.
11        For  the purpose of this subsection, gross vehicle weight
12    rating, or GVWR,  shall  mean  the  value  specified  by  the
13    manufacturer  as  the  loaded  weight of the tow truck. Legal
14    holidays referred to in this Section shall  be  specified  as
15    the  day  on  which  the  following  traditional holidays are
16    celebrated:
17        New Year's Day;
18        Memorial Day;
19        Independence Day;
20        Labor Day;
21        Thanksgiving Day; and
22        Christmas Day.
23        (h)  The load upon any vehicle  operated  alone,  or  the
24    load  upon  the  front  vehicle of a combination of vehicles,
25    shall not extend more than 3 feet beyond the front wheels  of
26    the  vehicle  or  the  front  bumper  of the vehicle if it is
27    equipped with a front bumper.
28        (i)  The load upon the front vehicle of a combination  of
29    vehicles  specifically  designed  to transport motor vehicles
30    shall not extend more than 3 feet beyond the foremost part of
31    the  transporting  vehicle  and  the  load  upon   the   rear
32    transporting vehicle shall not extend more than 4 feet beyond
33    the  rear  of the bed or body of the vehicle.  This paragraph
34    shall  only  be  applicable  upon  highways   designated   in
HB0288 Engrossed            -86-              LRB9000475NTsbB
 1    paragraphs (d) and (e) of this Section.
 2        (j)  Articulated   vehicles   comprised  of  2  sections,
 3    neither of which exceeds a length of 42  feet,  designed  for
 4    the carrying of more than 10 persons, may be up to 60 feet in
 5    length, not including energy absorbing bumpers, provided that
 6    the vehicles are:
 7             1.  operated  by  or  for  any  public body or motor
 8        carrier   authorized   by   law   to    provide    public
 9        transportation services; or
10             2.  operated  in local public transportation service
11        by any other person and the  municipality  in  which  the
12        service  is  to be provided approved the operation of the
13        vehicle.
14        (j-1)  Charter or regulated route buses may be up  to  45
15    feet in length, not including energy absorbing bumpers.
16        (k)  Any  person  who  is  convicted  of  violating  this
17    Section  is  subject  to the penalty as provided in paragraph
18    (b) of Section 15-113.
19        (l)  A combination of 3 vehicles not to  exceed  60  feet
20    overall  length may be operated on the highways of the State,
21    provided that the vehicles meet the following requirements:
22             (1)  The towing vehicle  is  a  properly  registered
23        vehicle   capable  of  towing  another  vehicle  using  a
24        fifth-wheel type assembly.
25             (2)  The  second  vehicle  in  the  combination   of
26        vehicles shall be a recreational vehicle that is towed by
27        a  fifth-wheel  assembly.  This vehicle shall be properly
28        registered and be  equipped  with  brakes  regardless  of
29        weight.
30             (3)  The  third vehicle shall be the lightest of the
31        3 vehicles and be a trailer or semi-trailer  designed  or
32        used   for  transporting  a  boat,  all-terrain  vehicle,
33        personal watercraft, or motorcycle.
34             (4)  The towed vehicles may only be for the  use  of
HB0288 Engrossed            -87-              LRB9000475NTsbB
 1        the operator of the towing vehicle.
 2             (5)  All  vehicles  shall  be properly equipped with
 3        operating brakes and safety equipment  required  by  this
 4        Code,   except   the   additional  brake  requirement  in
 5        paragraph (2) above.
 6    (Source: P.A. 88-45; 88-384; 88-670,  eff.  12-2-94;  89-219,
 7    eff. 1-1-96; 89-434, eff. 6-1-96; 89-626, eff. 8-9-96.)
 8        (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
 9        Sec. 15-111.  Wheel and axle loads and gross weights.
10        (a)  No  vehicle or combination of vehicles equipped with
11    pneumatic tires shall be operated, unladen or with load, upon
12    the highways of this State when the gross weight on the  road
13    surface  through  any  single  axle  thereof  exceeds  18,000
14    pounds,  except  when  a  different  limit is established and
15    posted in accordance  with  Section  15-316  and  except  any
16    single  axle of a 2 axle motor vehicle weighing 36,000 pounds
17    or less and not a part of a combination  of  vehicles,  shall
18    not  exceed 20,000 pounds. Provided, however, that any single
19    axle of a 2 axle motor vehicle equipped with a personnel lift
20    or digger derrick, weighing 36,000 pounds or less, owned  and
21    operated by a public utility, shall not exceed 20,000 pounds.
22    No  vehicle  or  combination  of vehicles equipped with other
23    than pneumatic tires shall be operated, unladen or with load,
24    upon the highways of this State when the gross weight on  the
25    road surface through any wheel thereof exceeds 800 pounds per
26    inch width of tire tread or when the gross weight on the road
27    surface  through  any axle thereof exceeds 16,000 pounds.  An
28    axle load shall be defined as the total load  transmitted  to
29    the  road by all wheels whose centers may be included between
30    2  parallel  transverse  vertical  planes  40  inches   apart
31    extending across the full width of the vehicle.
32        Any 2 or more single axles whose centers are more than 40
33    inches  and  not  more  than 96 inches apart, measured to the
HB0288 Engrossed            -88-              LRB9000475NTsbB
 1    nearest inch between extreme axles in the  series,  shall  be
 2    defined  as tandem axles, and The gross weight transmitted to
 3    the road surface through tandem axles the  series  shall  not
 4    exceed  32,000  pounds and no axle of the series shall exceed
 5    the maximum weight permitted under this Section for a  single
 6    axle.  Provided  that  on  a 4 axle vehicle or on a 5 or more
 7    axle combination of vehicles the weight  on  a  series  of  3
 8    axles  whose  centers are more than 96 inches apart, measured
 9    between extreme axles in the series, shall not  exceed  those
10    allowed  on  3 axles in the table contained in subsection (f)
11    of this Section and no axle or  tandem  axle  of  the  series
12    shall  exceed the maximum weight permitted under this Section
13    for a single or tandem axle. Provided  also  that  a  3  axle
14    vehicle or 3 axle truck mixer registered as a Special Hauling
15    Vehicle,  used  exclusively for the mixing and transportation
16    of concrete, specially equipped with a road surface  engaging
17    mixer   trailing   4th  axle, manufactured prior to or in the
18    model year of 2004 and first registered in Illinois prior  to
19    January  1,  2005, with a distance greater than 72 inches but
20    not more than 96 inches between any series  of  2  axles  may
21    transmit  to  the  road  surface  a  maximum weight of 18,000
22    pounds on each of these axles with a gross weight on these  2
23    axles   not  to  exceed  36,000  pounds.   Any  such  vehicle
24    manufactured in the model year of 2004 or thereafter or first
25    registered in Illinois after December 31, 2004  may  transmit
26    to  the road surface a maximum of 32,000 pounds through these
27    2 axles and none of the axles shall exceed 18,000 pounds.
28        A truck, not in combination and specially equipped with a
29    selfcompactor, or an industrial roll-off hoist  and  roll-off
30    container, used exclusively for garbage or refuse operations,
31    and  a truck used exclusively for the collection of rendering
32    materials may, however, when laden, transmit  upon  the  road
33    surface  of  any  highway  except  when  part of the National
34    System of Interstate and Defense  Highways,  a  gross  weight
HB0288 Engrossed            -89-              LRB9000475NTsbB
 1    upon  a  single  axle not more than 22,000 pounds, and upon a
 2    tandem axle not  more  than  40,000  pounds.   When  unladen,
 3    however,  those trucks shall comply with the axle limitations
 4    applicable to all other trucks.
 5        A 2 axle truck specially equipped with  a  front  loading
 6    compactor  used exclusively for garbage, refuse, or recycling
 7    may transmit 20,000 pounds per axle provided that  the  gross
 8    weight of the vehicle does not exceed 40,000 pounds.
 9        (b)  The  gross  weight  of  vehicles  and combination of
10    vehicles including the weight of the vehicle  or  combination
11    and  its  maximum  load  shall  be  subject  to the foregoing
12    limitations and further shall not exceed the following  gross
13    weights  dependent  upon  the  number  of  axles and distance
14    between extreme axles of the vehicle or combination  measured
15    longitudinally to the nearest foot.
16    VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
17                      VEHICLES OR COMBINATIONS
18                           HAVING 3 AXLES
19    With Tandem                     With or
20       Axles                        Without
21                                    Tandem Axles
22    Minimum                         Minimum
23    distance to        Maximum      distance to         Maximum
24    nearest foot       Gross        nearest foot        Gross
25    between            Weight       between             Weight
26    extreme axles      (pounds)     extreme axles       (pounds)
27    10 feet            41,000       16 feet             46,000
28    11                 42,000       17                  47,000
29    12                 43,000       18                  47,500
30    13                 44,000       19                  48,000
31    14                 44,500       20                  49,000
32    15                 45,000       21 feet or more     50,000
33                      VEHICLES OR COMBINATIONS
HB0288 Engrossed            -90-              LRB9000475NTsbB
 1                           HAVING 4 AXLES
 2    Minimum                         Minimum
 3    distance to        Maximum      distance to         Maximum
 4    nearest foot       Gross        nearest foot        Gross
 5    between            Weight       between             Weight
 6    extreme axles      (pounds)     extreme axles       (pounds)
 7    15 feet            50,000       26 feet             57,500
 8    16                 50,500       27                  58,000
 9    17                 51,500       28                  58,500
10    18                 52,000       29                  59,500
11    19                 52,500       30                  60,000
12    20                 53,500       31                  60,500
13    21                 54,000       32                  61,500
14    22                 54,500       33                  62,000
15    23                 55,500       34                  62,500
16    24                 56,000       35                  63,500
17    25                 56,500       36 feet or more     64,000
18        In applying the above table to a vehicle having more than
19    4  axles  that  is  not in combination, only 4 axles shall be
20    considered in determining the maximum gross weights.
21                 COMBINATIONS HAVING 5 OR MORE AXLES
22    Minimum distance to           Maximum
23    nearest foot between          Gross Weight
24    extreme axles                 (pounds)
25    42 feet or less               72,000
26    43                            73,000
27    44 feet or more               73,280
28    VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
29                 TRUCKS EQUIPPED WITH SELFCOMPACTORS
30       OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
31              OR REFUSE HAULS ONLY AND TRUCKS USED FOR
32                THE COLLECTION OF RENDERING MATERIALS
33               On Highway Not Part of National System
HB0288 Engrossed            -91-              LRB9000475NTsbB
 1                 of Interstate and Defense Highways
 2    with 2 axles                                    36,000 pounds
 3    with 3 axles                                    54,000 pounds
 4                    TWO AXLE TRUCKS EQUIPPED WITH
 5             A FRONT LOADING COMPACTOR USED EXCLUSIVELY
 6         FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
 7    with 2 axles                                    40,000 pounds
 8        (c)  Cities having a population of more than  50,000  may
 9    permit  by  ordinance  axle loads on 2 axle motor vehicles 33
10    1/2% above those provided for herein, but the increase  shall
11    not  become  effective until the city has officially notified
12    the Department of the passage of the ordinance and shall  not
13    apply  to  those  vehicles  when outside of the limits of the
14    city, nor shall the gross weight of any 2 axle motor  vehicle
15    operating over any street of the city exceed 40,000 pounds.
16        (d)  Weight  limitations  shall  not  apply  to  vehicles
17    (including   loads)   operated   by  a  public  utility  when
18    transporting  equipment  required  for  emergency  repair  of
19    public utility facilities or properties or water wells.
20        A combination of vehicles, including a tow  truck  and  a
21    disabled  vehicle  or  disabled combination of vehicles, that
22    exceeds the weight restriction imposed by this Code,  may  be
23    operated  on  a  public  highway  in this State provided that
24    neither the disabled vehicle nor any vehicle being towed  nor
25    the  tow  truck  itself  shall  exceed the weight limitations
26    permitted under this Chapter. During  the  towing  operation,
27    neither  the  tow  truck  nor  the  vehicle combination shall
28    exceed the following axle weight limitations:
29             A.  24,000 pounds - Single rear axle;
30             B.  44,000 pounds - Tandem rear axle;
31        Gross weight limits shall not apply to the combination of
32    the tow truck  and  vehicles  being  towed.   The  tow  truck
33    license  plate  must  cover the operating empty weight of the
HB0288 Engrossed            -92-              LRB9000475NTsbB
 1    tow truck only. The weight of each vehicle being towed  shall
 2    be  covered  by  a valid license plate issued to the owner or
 3    operator of the vehicle being towed  and  displayed  on  that
 4    vehicle. If no valid plate issued to the owner or operator of
 5    that  vehicle  is  displayed  on  that  vehicle, or the plate
 6    displayed on that vehicle does not cover the  weight  of  the
 7    vehicle,  the  weight  of the vehicle shall be covered by the
 8    third tow truck plate issued to the owner or operator of  the
 9    tow truck and temporarily affixed to the vehicle being towed.
10    In addition, the following conditions must be met:
11             (1)  the towing vehicle must be:
12                  a.  specifically designed as a tow truck having
13             a  gross  vehicle  weight  rating of at least 18,000
14             lbs. and equipped with air brakes provided that  air
15             brakes  shall be required only if the towing vehicle
16             is towing a vehicle, semitrailer, or tractor-trailer
17             combination that is equipped with airbrakes;
18                  b.  equipped   with   flashing,   rotating   or
19             oscillating amber lights, visible for at  least  500
20             feet in all directions; and
21                  c.  capable   of  utilizing  the  lighting  and
22             braking  systems  of   the   disabled   vehicle   or
23             combination of vehicles.
24             (2)  The  towing  of the vehicles on the highways of
25        this State shall not exceed 15  miles  from  the  initial
26        point of wreck or disablement. Any additional movement of
27        the   vehicles   shall   only   occur  upon  issuance  of
28        authorization for that movement under the  provisions  of
29        Sections 15-301 through 15-319 of this Chapter.
30        The  Department  may  by  rule  or  regulation  prescribe
31    additional  requirements. However, nothing in this Code shall
32    prohibit a tow truck under instructions of a  police  officer
33    from  legally  clearing  a  disabled  vehicle, that may be in
34    violation of weight limitations of  this  Chapter,  from  the
HB0288 Engrossed            -93-              LRB9000475NTsbB
 1    roadway to the berm or shoulder of the highway.
 2        For  the purpose of this subsection, gross vehicle weight
 3    rating, or GVWR,  shall  mean  the  value  specified  by  the
 4    manufacturer as the loaded weight of the tow truck.
 5        (e)  No  vehicle or combination of vehicles equipped with
 6    pneumatic tires shall be operated, unladen or with load, upon
 7    the highways of this State in violation of the provisions  of
 8    any  permit  issued  under  the provisions of Sections 15-301
 9    through 15-319 of this Chapter.
10        (f)  Notwithstanding any other provision  in  this  Code,
11    except for those provisions of subsection (d) of this Section
12    relating  to emergency operations of public utilities and tow
13    trucks while actually engaged in the  towing  of  a  disabled
14    vehicle,  and  those vehicles for which the Department issues
15    overweight permits under authority of Section 15-301 of  this
16    Code,  the  weight  limitations  contained in this subsection
17    shall apply to the National System of Interstate and  Defense
18    Highways  and  other highways in the system of State highways
19    that have been designated by the Department as Class  I,  II,
20    or  III.  No vehicle shall be operated on the highways with a
21    weight in excess of 20,000 pounds carried on any one axle  or
22    with  a  tandem  axle weight in excess of 34,000 pounds, or a
23    gross  weight  in  excess  of  80,000  pounds   for   vehicle
24    combinations of 5 axles or more, or a gross weight on a group
25    of  2  or  more  consecutive  axles  in excess of that weight
26    produced by the application of the following formula:
27        W = 500 times the sum of (LN divided by N-1) + 12N + 36
28    Where "W" equals overall gross weight on any group  of  2  or
29    more  consecutive axles to the nearest 500 pounds; "L" equals
30    the distance measured to the nearest foot between extremes of
31    any group of 2 or more consecutive axles; and "N" equals  the
32    number of axles in the group under consideration, except that
33    2  consecutive sets of tandem axles may carry a gross load of
34    34,000 pounds each, provided the overall distance between the
HB0288 Engrossed            -94-              LRB9000475NTsbB
 1    first and last axles of the consecutive sets of tandem  axles
 2    is  36  feet  or  more.  Provided  also that a 3-axle vehicle
 3    registered as a Special Hauling Vehicle manufactured prior to
 4    or in the  model  year  of  2004,  and  first  registered  in
 5    Illinois  prior  to  January 1, 2005, with a distance greater
 6    than 72 inches but not more than 96 inches between the 2 rear
 7    axles may transmit to the road surface a  maximum  weight  of
 8    18,000 pounds on each of the 2 rear axles with a gross weight
 9    on  these  2  axles  not to exceed 36,000 pounds. Any vehicle
10    registered as a Special Hauling Vehicle manufactured prior to
11    or  in  the  model  year  of  2004  or  thereafter  or  first
12    registered in Illinois after December 31, 2004, may  transmit
13    to  the road surface a maximum of 34,000 pounds through the 2
14    rear axles and neither of the rear axles shall exceed  20,000
15    pounds.  For  purposes of this subsection, tandem axles shall
16    be defined as any 2 or more single axles  whose  centers  are
17    more  than  40  inches  and  not  more  than 96 inches apart,
18    measured to the nearest inch between  extreme  axles  in  the
19    series.
20        The  above formula when expressed in tabular form results
21    in allowable loads as follows:
22    Distance measured
23    to the nearest
24    foot between the
25    extremes of any         Maximum load in pounds
26    group of 2 or           carried on any group of
27    more consecutive        2 or more consecutive axles
28    axles
29          feet        2 axles  3 axles  4 axles  5 axles  6 axles
30            4         34,000
31            5         34,000
32            6         34,000
33            7         34,000
34            8         38,000*   42,000
HB0288 Engrossed            -95-              LRB9000475NTsbB
 1            9         39,000    42,500
 2           10         40,000    43,500
 3           11                   44,000
 4           12                   45,000   50,000
 5           13                   45,500   50,500
 6           14                   46,500   51,500
 7           15                   47,000   52,000
 8           16                   48,000   52,500   58,000
 9           17                   48,500   53,500   58,500
10           18                   49,500   54,000   59,000
11           19                   50,000   54,500   60,000
12           20                   51,000   55,500   60,500   66,000
13           21                   51,500   56,000   61,000   66,500
14           22                   52,500   56,500   61,500   67,000
15           23                   53,000   57,500   62,500   68,000
16           24                   54,000   58,000   63,000   68,500
17           25                   54,500   58,500   63,500   69,000
18           26                   55,500   59,500   64,000   69,500
19           27                   56,000   60,000   65,000   70,000
20           28                   57,000   60,500   65,500   71,000
21           29                   57,500   61,500   66,000   71,500
22           30                   58,500   62,000   66,500   72,000
23           31                   59,000   62,500   67,500   72,500
24           32                   60,000   63,500   68,000   73,000
25           33                            64,000   68,500   74,000
26           34                            64,500   69,000   74,500
27           35                            65,500   70,000   75,000
28           36                            66,000   70,500   75,500
29           37                            66,500   71,000   76,000
30           38                            67,500   72,000   77,000
31           39                            68,000   72,500   77,500
32           40                            68,500   73,000   78,000
33           41                            69,500   73,500   78,500
34           42                            70,000   74,000   79,000
HB0288 Engrossed            -96-              LRB9000475NTsbB
 1           43                            70,500   75,000   80,000
 2           44                            71,500   75,500
 3           45                            72,000   76,000
 4           46                            72,500   76,500
 5           47                            73,500   77,500
 6           48                            74,000   78,000
 7           49                            74,500   78,500
 8           50                            75,500   79,000
 9           51                            76,000   80,000
10           52                            76,500
11           53                            77,500
12           54                            78,000
13           55                            78,500
14           56                            79,500
15           57                            80,000
16    *If the distance between 2 axles is 96 inches or less, the  2
17    axles  are  tandem  axles  and  the maximum load permitted is
18    34,000 pounds, notwithstanding  the  higher  limit  resulting
19    from the application of the formula.
20        In  applying  the  above formula to a vehicle having more
21    than 4 axles that is not a combination, only 4 axles shall be
22    considered in determining the maximum gross weight, and for a
23    combination of vehicles having more  than  6  axles,  only  6
24    axles  shall  be  considered in determining the maximum gross
25    weight.
26        Notwithstanding the above table, 2  consecutive  sets  of
27    tandem  axles  may carry a gross weight of 34,000 pounds each
28    if the overall distance between the first and last  axles  of
29    the consecutive sets of tandem axles is 36 feet or more.
30        Local    authorities    and    road    district   highway
31    commissioners, with respect to  streets  and  highways  under
32    their  jurisdiction,  without  additional  fees,  may also by
33    ordinance or resolution allow the weight limitations of  this
34    subsection, provided the maximum gross weight on any one axle
HB0288 Engrossed            -97-              LRB9000475NTsbB
 1    shall  not  exceed 20,000 pounds and the maximum gross weight
 2    on any  tandem  axle  shall  not  exceed  34,000  pounds,  on
 3    designated  highways when appropriate regulatory signs giving
 4    notice are erected upon the street or highway or  portion  of
 5    any   street   or   highway  affected  by  the  ordinance  or
 6    resolution.
 7        Combinations of vehicles, registered as  Special  Hauling
 8    Vehicles  that include a semitrailer manufactured prior to or
 9    in the model year of 2004, and first registered  in  Illinois
10    prior  to  January 1, 2005, having 5 axles with a distance of
11    42 feet or less between extreme axles shall be limited to the
12    weights prescribed in subsections (a) and (b) of this Section
13    and not subject to the bridge formula on the National  System
14    of  Interstate and Defense Highways and other highways in the
15    system of State highways designated by  the  Department.  For
16    all   those   combinations   of   vehicles,  that  include  a
17    semitrailer manufactured after the  effective  date  of  this
18    amendatory  Act  of  1986,  the  overall distance between the
19    first and last axles of the 2 sets of tandems must be 18 feet
20    6 inches or more. All combinations of vehicles registered  as
21    Special   Hauling   Vehicles   that   include  a  semitrailer
22    manufactured prior to  or  in  the  model  year  of  2004  or
23    thereafter or first registered in Illinois after December 31,
24    2004,  or  that  has  had its cargo container replaced in its
25    entirety after December 31, 2004, are limited  to  the  gross
26    weight allowed by the above formula.
27        A   truck  not  in  combination,  equipped  with  a  self
28    compactor  or  an  industrial  roll-off  hoist  and  roll-off
29    container, used exclusively for garbage or refuse operations,
30    shall be allowed the weights as prescribed in subsections (a)
31    and (b) of  this  Section  and  not  subject  to  the  bridge
32    formula,  provided they are not operated on a highway that is
33    part of the Interstate and Defense Highway System.
34        Vehicles  operating  under  this  subsection  shall  have
HB0288 Engrossed            -98-              LRB9000475NTsbB
 1    access for a distance of one highway mile to or from a  Class
 2    I  highway  on  any street or highway, unless there is a sign
 3    prohibiting the access, or 5 highway miles to or from  either
 4    a Class I, II, or III highway on a street or highway included
 5    in  the  system  of  State  highways  and  upon any street or
 6    highway designated by  local  authorities  or  road  district
 7    commissioners  to  points  of  loading  and  unloading and to
 8    facilities for food, fuel, repairs and rest.
 9        Section 5-35 of the Illinois Administrative Procedure Act
10    relating to procedures for rulemaking shall not apply to  the
11    designation of highways under this subsection.
12        (g)  No  person shall operate a vehicle or combination of
13    vehicles  over  a  bridge   or   other   elevated   structure
14    constituting  part  of  a highway with a gross weight that is
15    greater than the maximum weight permitted by the  Department,
16    when  the  structure  is  sign  posted  as  provided  in this
17    Section.
18        (h)  The Department upon request from any local authority
19    shall,  or  upon  its  own   initiative   may,   conduct   an
20    investigation  of  any  bridge  or  other  elevated structure
21    constituting a part of a highway, and if it  finds  that  the
22    structure  cannot  with safety to itself withstand the weight
23    of  vehicles  otherwise  permissible  under  this  Code   the
24    Department  shall determine and declare the maximum weight of
25    vehicles that the structures can withstand, and  shall  cause
26    or permit suitable signs stating maximum weight to be erected
27    and  maintained  before each end of the structure.  No person
28    shall operate a vehicle or combination of vehicles  over  any
29    structure with a gross weight that is greater than the posted
30    maximum weight.
31        (i)  Upon   the  trial  of  any  person  charged  with  a
32    violation of subsections (g) or (h) of this Section, proof of
33    the determination of the  maximum  allowable  weight  by  the
34    Department  and  the  existence  of  the  signs,  constitutes
HB0288 Engrossed            -99-              LRB9000475NTsbB
 1    conclusive  evidence  of  the  maximum  weight  that  can  be
 2    maintained with safety to the bridge or structure.
 3    (Source: P.A.  88-45;  88-385;  88-403;  88-476; 88-670, eff.
 4    12-2-94; 89-117, eff. 7-7-95; 89-433, eff. 12-15-95.)
 5        (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
 6        Sec. 15-301.  Permits for excess size and weight.
 7        (a)  The Department with respect to  highways  under  its
 8    jurisdiction  and  local authorities with respect to highways
 9    under their  jurisdiction  may,  in  their  discretion,  upon
10    application  and  good  cause  being  shown therefor, issue a
11    special permit authorizing the applicant to operate or move a
12    vehicle or combination of vehicles of a  size  or  weight  of
13    vehicle  or  load exceeding the maximum specified in this Act
14    or otherwise not in conformity with this Act upon any highway
15    under the jurisdiction of the party granting such permit  and
16    for  the  maintenance  of  which  the  party  is responsible.
17    Applications and permits  other  than  those  in  written  or
18    printed  form  may  only  be  accepted from and issued to the
19    company or individual making  the  movement.  Except  for  an
20    application  to  move  directly across a highway, it shall be
21    the duty of the applicant to  establish  in  the  application
22    that  the  load to be moved by such vehicle or combination is
23    composed  of  a  single  nondivisible  object   that   cannot
24    reasonably  be  dismantled  or  disassembled.  More  than one
25    object may be carried under permit as long as the carriage of
26    the additional object or objects does not cause the  size  or
27    weight  of the vehicle or load to exceed beyond that required
28    for carriage of the single, nondivisible  indivisible  object
29    itself.   For the purpose of over length movements, more than
30    one object may be carried side by side as long as the height,
31    width, and weight laws are not exceeded and the cause for the
32    over length is not due to multiple objects. For  the  purpose
33    of over height movements, more than one object may be carried
HB0288 Engrossed            -100-             LRB9000475NTsbB
 1    as  long  as  the  cause  for  the  over height is not due to
 2    multiple objects and the length, width, and weight  laws  are
 3    not  exceeded.   For  the  purpose of an over width movement,
 4    more than one object may be carried as long as the cause  for
 5    the  over  width  is  not due to multiple objects and length,
 6    height, and weight laws are not exceeded.  No state or  local
 7    agency  shall authorize the issuance of excess size or weight
 8    permits for vehicles and loads that are  divisible  and  that
 9    can  be  carried,  when  divided, within the existing size or
10    weight maximums specified in this Chapter.  Any  excess  size
11    or  weight  permit  issued  in violation of the provisions of
12    this Section shall be void at issue  and  any  movement  made
13    thereunder  shall  not  be  authorized under the terms of the
14    void permit.  In any prosecution  for  a  violation  of  this
15    Chapter  when  the  authorization of an excess size or weight
16    permit is at issue, it is the  burden  of  the  defendant  to
17    establish  that  the  permit was valid because the load to be
18    moved could not reasonably be dismantled or disassembled,  or
19    was otherwise nondivisible indivisible.
20        (b)  The application for any such permit shall: (1) state
21    whether  such  permit  is  requested for a single trip or for
22    limited continuous operation; (2) state if the  applicant  is
23    an  authorized  carrier  under  the Illinois Motor Carrier of
24    Property Law, if so, his certificate, registration or  permit
25    number  issued  by  the  Illinois  Commerce  Commission;  (3)
26    specifically  describe  and  identify the vehicle or vehicles
27    and load to be operated or moved except that for vehicles  or
28    vehicle combinations registered by the Department as provided
29    in   Section  15-319  of  this  Chapter,  only  the  Illinois
30    Department of Transportation's (IDT) registration  number  or
31    classification need be given; (4) state the routing requested
32    including  the  points  of  origin  and  destination, and may
33    identify and include a request for  routing  to  the  nearest
34    certified scale in accordance with the Department's rules and
HB0288 Engrossed            -101-             LRB9000475NTsbB
 1    regulations, provided the applicant has approval to travel on
 2    local roads; and (5) state if the vehicles or loads are being
 3    transported  for  hire.  No  permits  for  the  movement of a
 4    vehicle or load for hire shall be issued to any applicant who
 5    is required under the Illinois Motor Carrier of Property  Law
 6    to  have  a  certificate, registration or permit and does not
 7    have such certificate, registration or permit.
 8        (c)  The  Department  or   local   authority   when   not
 9    inconsistent  with  traffic  safety is authorized to issue or
10    withhold such permit at its discretion; or, if such permit is
11    issued at its discretion to prescribe the route or routes  to
12    be  traveled,  to  limit  the  number  of trips, to establish
13    seasonal or other time limitations within which the  vehicles
14    described  may  be  operated  on  the  highways indicated, or
15    otherwise to limit or prescribe conditions of  operations  of
16    such  vehicle  or  vehicles, when necessary to assure against
17    undue damage to the road foundations, surfaces or structures,
18    and may require such undertaking or other security as may  be
19    deemed  necessary to compensate for any injury to any roadway
20    or road structure. The  Department  shall  maintain  a  daily
21    record  of  each  permit  issued  along  with the fee and the
22    stipulated dimensions, weights, conditions  and  restrictions
23    authorized  and  this record shall be presumed correct in any
24    case of questions or dispute. The Department shall install an
25    automatic device  for  recording  applications  received  and
26    permits   issued  by  telephone.  In  making  application  by
27    telephone, the Department and applicant waive all  objections
28    to the recording of the conversation.
29        (d)  The  Department  shall,  upon application in writing
30    from  any  local  authority,  issue  a   semi-annual   permit
31    authorizing  the  local  authority  to  move oversize highway
32    construction,   transportation,   utility   and   maintenance
33    equipment  over  roads  under   the   jurisdiction   of   the
34    Department.  The permit shall be applicable only to equipment
HB0288 Engrossed            -102-             LRB9000475NTsbB
 1    and vehicles owned by or registered in the name of the  local
 2    authority,  and  no  fee shall be charged for the issuance of
 3    such permits.
 4        (e)  As an exception to paragraph (a)  of  this  Section,
 5    the   Department  and  local  authorities,  with  respect  to
 6    highways  under  their  respective  jurisdictions,  in  their
 7    discretion and  upon  application  in  writing  may  issue  a
 8    special  permit for limited continuous operation, authorizing
 9    the applicant to move loads of sweet  corn,  soybeans,  corn,
10    wheat,  milo,  other  small  grains  and  ensilage during the
11    harvest season only on a 2 axle single vehicle registered  by
12    the  Secretary  of  State  with  axle loads not to exceed 35%
13    above those provided in Section 15-111. Permits may be issued
14    for a period not to exceed 40 days and moves may be made of a
15    distance not to exceed 25 miles from a field to  a  specified
16    processing  plant over any highway except the National System
17    of Interstate and Defense Highways. All such  vehicles  shall
18    be  operated  in  the  daytime  except  when  weather or crop
19    conditions require emergency operation  at  night,  but  with
20    respect to such night operation, every such vehicle with load
21    shall  be  equipped  with  flashing amber lights as specified
22    under Section 12-215. Upon a declaration by the Governor that
23    an emergency  harvest  situation  exists,  a  special  permit
24    issued  by  the  Department  under  this Section shall not be
25    required from September 1 through December 31 during  harvest
26    season  emergencies, provided that the weight does not exceed
27    20% above the limits provided in Section 15-111.   All  other
28    restrictions  that apply to permits issued under this Section
29    shall apply during the declared time period.  With respect to
30    highways under the jurisdiction  of  local  authorities,  the
31    local  authorities  may,  at  their discretion, waive special
32    permit requirements during harvest season emergencies.   This
33    permit  exemption  shall  apply  to  all vehicles eligible to
34    obtain  permits  under  this  Section,  including  commercial
HB0288 Engrossed            -103-             LRB9000475NTsbB
 1    vehicles in use during the declared time period.
 2        (f)  The  form  and  content  of  the  permit  shall   be
 3    determined  by  the Department with respect to highways under
 4    its jurisdiction and by local  authorities  with  respect  to
 5    highways  under  their jurisdiction. Every permit shall be in
 6    written form and carried in the  vehicle  or  combination  of
 7    vehicles  to  which it refers and shall be open to inspection
 8    by any police officer or authorized agent  of  any  authority
 9    granting  the  permit  and no person shall violate any of the
10    terms or conditions of such special permit. Violation of  the
11    terms  and  conditions  of  the  permit shall not be deemed a
12    revocation of the permit; however, any vehicle and load found
13    to be off the route prescribed in the permit shall be held to
14    be operating without a permit.  Any  off  route  vehicle  and
15    load  shall be required to obtain a new permit or permits, as
16    necessary, to authorize the movement back onto  the  original
17    permit  routing.  No  rule or regulation, nor anything herein
18    shall be construed to authorize any police officer, court, or
19    authorized agent of any  authority  granting  the  permit  to
20    remove the permit from the possession of the permittee unless
21    the  permittee  is charged with a fraudulent permit violation
22    as provided in paragraph (i). However,  upon  arrest  for  an
23    offense  of  violation  of permit, operating without a permit
24    when the vehicle is off route, or any size or weight  offense
25    under  this  Chapter  when  the  permittee plans to raise the
26    issuance of the permit as a defense, the  permittee,  or  his
27    agent,   must   produce  the  permit  at  any  court  hearing
28    concerning the alleged offense.
29        If the permit designates and  includes  a  routing  to  a
30    certified   scale,   the   permitee,  while  enroute  to  the
31    designated scale, shall be  deemed  in  compliance  with  the
32    weight  provisions  of  the permit provided the axle or gross
33    weights do not exceed any of the  permitted  limits  by  more
34    than the following amounts:
HB0288 Engrossed            -104-             LRB9000475NTsbB
 1             Single axle               2000 pounds
 2             Tandem axle               3000 pounds
 3             Gross                     5000 pounds
 4        (g)  The Department is authorized to adopt, amend, and to
 5    make  available  to  interested  persons  a policy concerning
 6    reasonable rules, limitations and conditions or provisions of
 7    operation upon highways under its jurisdiction in addition to
 8    those contained in this Section for the movement  by  special
 9    permit  of  vehicles,  combinations,  or  loads  which cannot
10    reasonably   be   dismantled   or   disassembled,   including
11    manufactured and modular home sections and portions  thereof.
12    All  rules,  limitations and conditions or provisions adopted
13    in the policy shall have due regard for  the  safety  of  the
14    traveling public and the protection of the highway system and
15    shall have been promulgated in conformity with the provisions
16    of   the   Illinois   Administrative   Procedure   Act.   The
17    requirements  of  the  policy for flagmen and escort vehicles
18    shall be the same  for  all  moves  of  comparable  size  and
19    weight.  When  escort  vehicles are required, they shall meet
20    the following requirements:
21             (1)  All operators shall be 18 years of age or  over
22        and properly licensed to operate the vehicle.
23             (2)  Vehicles  escorting  oversized  loads more than
24        12-feet wide must be equipped with a rotating or flashing
25        amber light mounted on top  as  specified  under  Section
26        12-215.
27        The  Department  shall  establish  reasonable  rules  and
28    regulations  regarding  liability insurance or self insurance
29    for vehicles  with  oversized  loads  promulgated  under  The
30    Illinois Administrative Procedure Act. Police vehicles may be
31    required  for escort under circumstances as required by rules
32    and regulations of the Department.
33        (h)  Violation of any rule, limitation  or  condition  or
34    provision  of  any  permit  issued  in  accordance  with  the
HB0288 Engrossed            -105-             LRB9000475NTsbB
 1    provisions of this Section shall not render the entire permit
 2    null  and  void  but  the  violator shall be deemed guilty of
 3    violation of permit and guilty of exceeding any size,  weight
 4    or  load  limitations  in  excess  of those authorized by the
 5    permit. The prescribed route or routes on the permit are  not
 6    mere  rules,  limitations,  conditions,  or provisions of the
 7    permit, but are also the sole  extent  of  the  authorization
 8    granted by the permit.  If a vehicle and load are found to be
 9    off  the route or routes prescribed by any permit authorizing
10    movement, the  vehicle  and  load  are  operating  without  a
11    permit.   Any off route movement shall be subject to the size
12    and weight maximums, under the applicable provisions of  this
13    Chapter,  as  determined  by  the  type or class highway upon
14    which the vehicle and load are being operated.
15        (i)  Whenever any vehicle is operated  or  movement  made
16    under  a  fraudulent permit the permit shall be void, and the
17    person, firm, or corporation to whom such permit was granted,
18    the driver of such vehicle in  addition  to  the  person  who
19    issued  such  permit  and  any  accessory, shall be guilty of
20    fraud and either one or all persons  may  be  prosecuted  for
21    such  violation.  Any person, firm, or corporation committing
22    such violation shall be guilty of a Class 4  felony  and  the
23    Department  shall  not  issue  permits to the person, firm or
24    corporation convicted of such violation for a period  of  one
25    year  after  the date of conviction. Penalties for violations
26    of this Section shall be in addition to any penalties imposed
27    for violation of other Sections of this Act.
28        (j)  Whenever any vehicle is operated or movement made in
29    violation of a permit issued in accordance with this Section,
30    the person to whom such permit was granted, or the driver  of
31    such vehicle, is guilty of such violation and either, but not
32    both,  persons may be prosecuted for such violation as stated
33    in this subsection  (j).  Any  person,  firm  or  corporation
34    convicted  of  such  violation  shall  be  guilty  of a petty
HB0288 Engrossed            -106-             LRB9000475NTsbB
 1    offense and shall be fined for the first  offense,  not  less
 2    than  $50  nor  more than $200 and, for the second offense by
 3    the same person, firm or corporation within a period  of  one
 4    year,  not  less  than  $200  nor more than $300 and, for the
 5    third offense by the same person, firm or corporation  within
 6    a period of one year after the date of the first offense, not
 7    less  than  $300  nor more than $500 and the Department shall
 8    not  issue  permits  to  the  person,  firm  or   corporation
 9    convicted  of  a  third  offense  during a period of one year
10    after the date of conviction for such third offense.
11        (k)  Whenever any vehicle  is  operated  on  local  roads
12    under  permits  for  excess  width  or length issued by local
13    authorities, such vehicle may be moved upon a  State  highway
14    for  a  distance not to exceed one-half mile without a permit
15    for the purpose of crossing the State highway.
16        (l)  Notwithstanding any other provision of this Section,
17    the  Department,  with  respect   to   highways   under   its
18    jurisdiction, and local authorities, with respect to highways
19    under  their  jurisdiction, may at their discretion authorize
20    the movement of a vehicle in violation of any size or  weight
21    requirement,  or  both, that would not ordinarily be eligible
22    for a permit, when there is a showing  of  extreme  necessity
23    that the vehicle and load should be moved without unnecessary
24    delay.
25        For  the  purpose  of this subsection, showing of extreme
26    necessity shall be limited to the  following:   shipments  of
27    livestock,  hazardous materials, liquid concrete being hauled
28    in a mobile cement mixer, or hot asphalt.
29        (m)  Penalties for violations of this Section shall be in
30    addition to any penalties imposed  for  violating  any  other
31    Section of this Code.
32    (Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.)
33        (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
HB0288 Engrossed            -107-             LRB9000475NTsbB
 1        Sec. 18b-101.  Definitions.  Unless the context otherwise
 2    clearly requires, as used in this Chapter:
 3        (1)  "Commerce"  means  trade, commerce or transportation
 4    within the State;
 5        (2)  "Commercial motor vehicle" means any self  propelled
 6    or  towed  vehicle  used on public highways in interstate and
 7    intrastate commerce to transport passengers or property  when
 8    the  vehicle  has  a  gross  vehicle  weight  rating or gross
 9    combination weight rating of 10,001 or more  pounds;  or  the
10    vehicle  is  designed  to  transport more than 15 passengers,
11    including  the  driver;  or  the  vehicle  is  used  in   the
12    transportation of hazardous materials in a quantity requiring
13    placarding    under    the   Illinois   Hazardous   Materials
14    Transportation Act.  This definition shall not  include  farm
15    machinery,    fertilizer   spreaders,   and   other   special
16    agricultural movement equipment described  in  Section  3-809
17    nor implements of husbandry as defined in Section 1-130;
18        (3)  "Department"   means   the  Illinois  Department  of
19    Transportation;
20        (4)  "Employee"    means    Illinois    Department     of
21    Transportation employee;
22        (5)  "Farm  to  market agricultural transportation" means
23    the operation of a motor vehicle controlled and operated by a
24    farmer who is a private motor carrier  of  property;  who  is
25    using  the  vehicle  to transport agricultural products to or
26    from a farm operated by the  farmer,  or  to  transport  farm
27    machinery  or farm supplies to or from a farm operated by the
28    farmer; and who  is  not  using  the  commercial  vehicle  to
29    transport  hazardous  materials  of  a  type or quantity that
30    requires the vehicle to be placarded in accordance  with  the
31    Illinois Hazardous Materials Transportation Act;
32        (6)  "Officer" means Illinois State Police Officer;
33        (7)  "Person"  means  any  natural  person or individual,
34    governmental   body,    firm,    association,    partnership,
HB0288 Engrossed            -108-             LRB9000475NTsbB
 1    copartnership,  joint  venture,  company,  corporation, joint
 2    stock company, trust, estate or any  other  legal  entity  or
 3    their legal representative, agent or assigns.;
 4        (8)  "Transportation"   means   the  actual  movement  of
 5    property  or  passengers  by  motor  vehicle,  together  with
 6    loading, unloading, and any other  accessorial  or  ancillary
 7    service  provided  by the carrier in connection with movement
 8    by motor vehicle;
 9        (9)  "Agricultural movements" means the  operation  of  a
10    motor  vehicle  or  combination  of  vehicles  controlled and
11    operated by a private motor carrier of property that is using
12    the  vehicle   to   transport   nonhazardous   or   hazardous
13    agricultural  crop  production  fertilizers  or  agricultural
14    chemicals  from a local source of supply to farm or field, or
15    from one farm or field to another, or from farm or field back
16    to the local source of supply.
17    (Source: P.A. 86-611; 87-829.)
18        (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
19        Sec. 18b-102.  Authority of Department.   To  the  extent
20    necessary  to  administer  this  Chapter,  the  Department is
21    authorized to:
22        (a)  Adopt by reference all or any portion of the Federal
23    Motor  Carrier  Safety  Regulations  of  the  United   States
24    Department  of  Transportation,  as they are now or hereafter
25    amended.
26        (b)  Conduct   investigations;   make   reports;    issue
27    subpoenas;   conduct  hearings;  require  the  production  of
28    relevant documents, records and property;  take  depositions;
29    and,  in  conjunction with the Illinois State Police, conduct
30    directly or indirectly research, development,  demonstrations
31    and training activities.
32        (c)  Authorize  any  officer  or  Department  employee to
33    enter upon, inspect and examine at reasonable times and in  a
HB0288 Engrossed            -109-             LRB9000475NTsbB
 1    reasonable  manner,  the records and properties of persons to
 2    the  extent  such  records  and  properties  relate  to   the
 3    transportation by motor vehicle of persons or property.
 4        (d)  Conduct  a  continuing  review of all aspects of the
 5    transportation of persons and property by  motor  vehicle  in
 6    order  to determine and recommend appropriate steps to assure
 7    safe transportation by motor vehicle in Illinois.
 8        (e)  Administer  and  enforce  the  provisions  of   this
 9    Chapter  and  any  rules  and  regulations  issued under this
10    Chapter.  Only the Illinois State Police shall be  authorized
11    to stop and inspect any commercial motor vehicle or driver at
12    any  time  for the purpose of determining compliance with the
13    provisions of this Chapter or rules  and  regulations  issued
14    under this Chapter.
15    (Source: P.A. 86-611; 87-829.)
16        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
17        Sec. 18b-105.  Rules and Regulations.
18        (a)  The  Department  is  authorized  to  make  and adopt
19    reasonable rules and regulations and orders  consistent  with
20    law necessary to carry out the provisions of this Chapter.
21        (b)  The  following  parts  of  Title  49  of the Code of
22    Federal Regulations, as now in effect, are hereby adopted  by
23    reference as though they were set out in full:
24        Part   390-Federal   Motor  Carrier  Safety  Regulations:
25    General;
26        Part 391-Qualifications of Drivers;
27        Part 392-Driving of Motor Vehicles;
28        Part  393-Parts  and  Accessories  Necessary   for   Safe
29    Operation;
30        Part 395-Hours of Service of Drivers; and
31        Part 396-Inspection, Repair and Maintenance.
32        (c)  The  following  parts  and  Sections  of the Federal
33    Motor Carrier Safety Regulations shall  not  apply  to  those
HB0288 Engrossed            -110-             LRB9000475NTsbB
 1    intrastate   carriers,   drivers   or   vehicles  subject  to
 2    subsection (b).
 3             (1)  Section 393.93 of Part 393 for  those  vehicles
 4        manufactured before June 30, 1972.
 5             (2)  Section  393.86  of Part 393 for those vehicles
 6        which are registered as farm trucks under subsection  (c)
 7        of Section 3-815 of The Illinois Vehicle Code.
 8             (3)  Section 396.11 of Part 396.
 9             (4)  Paragraphs  (b)  and  (c)  of Section 396.13 of
10        Part 396.
11             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
12             (6)  All of Part 395 for all agricultural  movements
13        as  defined  in  this  Chapter  1,  between the period of
14        February 15 through June 30 each year, and  all  farm  to
15        market  agricultural  transportation  as  defined in this
16        Chapter 1 and  for  grain  hauling  operations  within  a
17        radius  of  200  air  miles  of the normal work reporting
18        location.
19             (7)  Paragraphs (b)(3) (insulin dependent  diabetic)
20        and  (b)(10) (minimum visual acuity) of Section 391.41 of
21        part 391, but only for any driver who  immediately  prior
22        to  July  29, 1986 was eligible and licensed to operate a
23        motor vehicle subject to this Section and was engaged  in
24        operating such vehicles, and who was disqualified on July
25        29,  1986  by  the  adoption of Part 391 by reason of the
26        application of paragraphs (b)(3) and (b)(10)  of  Section
27        391.41  with  respect to a physical condition existing at
28        that time unless such driver has a  record  of  accidents
29        which would indicate a lack of ability to operate a motor
30        vehicle in a safe manner.
31        (d)  Intrastate   carriers   subject   to  the  recording
32    provisions of Section 395.8 of Part 395 of the Federal  Motor
33    Carrier  Safety  Regulations  shall  be exempt as established
34    under paragraph (1) of Section 395.8; provided, however,  for
HB0288 Engrossed            -111-             LRB9000475NTsbB
 1    the  purpose of this Code, drivers shall operate within a 150
 2    air-mile radius of the  normal  work  reporting  location  to
 3    qualify for exempt status.
 4        (e)  Regulations  adopted by the Department subsequent to
 5    those adopted under subsection (b) hereof shall be  identical
 6    in  substance to the Federal Motor Carrier Safety Regulations
 7    of the United States Department of Transportation and adopted
 8    in accordance with the procedures for rulemaking  in  Section
 9    5-35 of the Illinois Administrative Procedure Act.
10    (Source: P.A. 87-829; 88-45; 88-476.)
11        (625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
12        Sec.  18b-111.   Review  Under Administrative Review Law.
13    All administrative decisions of  the  Department  under  this
14    Chapter  shall  be  subject  to  judicial  review  under  the
15    Administrative  Review Law, as now or hereafter amended.  The
16    term "administrative decision" is defined as in Section 3-101
17    of the Code of Civil Procedure.
18    (Source: P.A. 86-611.)
19        (625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
20        Sec. 18c-5204.  Investigation of Practices  of  Household
21    Goods  Carriers.  The Commission may, on its own motion or on
22    complaint, conduct an investigation to  determine  whether  a
23    household  goods  carrier  has,  with  or without the license
24    required under Sub-chapter 4 of this Chapter,  engaged  in  a
25    pattern  or  practice  of underestimating freight charges for
26    household  goods  shipments,  or   has   otherwise   violated
27    provisions of this Chapter, Commission regulations or orders,
28    and  may  invoke any or all sanctions provided for in Article
29    VII 7 of Sub-chapter 1 Chapter I of this Chapter against  the
30    carrier   if  such  a  pattern  or  practice,  or  any  other
31    violation, is found to have occurred.
32    (Source: P.A. 84-796.)
HB0288 Engrossed            -112-             LRB9000475NTsbB
 1        (625 ILCS 5/1-101.3 rep.)
 2        (625 ILCS 5/1-104 rep.)
 3        (625 ILCS 5/1-111 rep.)
 4        (625 ILCS 5/1-123.1 rep.)
 5        (625 ILCS 5/1-143 rep.)
 6        (625 ILCS 5/1-144 rep.)
 7        (625 ILCS 5/1-175 rep.)
 8        (625 ILCS 5/1-213 rep.)
 9        (625 ILCS 5/1-218 rep.)
10        (625 ILCS 5/1-219 rep.)
11        (625 ILCS 5/1-221 rep.)
12        (625 ILCS 5/1-223 rep.)
13        (625 ILCS 5/3-900 rep.)
14        (625 ILCS 5/4-100 rep.)
15        (625 ILCS 5/7-302 rep.)
16        (625 ILCS 5/12-100 rep.)
17        (625 ILCS 5/12-500 rep.)
18        (625 ILCS 5/12-600 rep.)
19        (625 ILCS 5/12-800 rep.)
20        (625 ILCS 5/13-100 rep.)
21        (625 ILCS 5/15-100 rep.)
22        Section 20.  The Illinois  Vehicle  Code  is  amended  by
23    repealing  Sections  1-101.3,  1-104,  1-111, 1-123.1, 1-143,
24    1-144, 1-175,  1-213,  1-218,  1-219,  1-221,  1-223,  3-900,
25    4-100,  7-302,  12-100,  12-500,  12-600, 12-800, 13-100, and
26    15-100.
HB0288 Engrossed            -113-             LRB9000475NTsbB
 1                                INDEX
 2               Statutes amended in order of appearance
 3    70 ILCS 1205/3-9          from Ch. 105, par. 3-9
 4    415 ILCS 105/3            from Ch. 38, par. 86-3
 5    625 ILCS 5/1-101.05 new
 6    625 ILCS 5/1-101.1a new
 7    625 ILCS 5/1-101.5 new
 8    625 ILCS 5/1-101.6 new
 9    625 ILCS 5/1-101.8, formerly 5/1-102.02
10        from Ch. 95 1/2, par. 1-102.02
11    625 ILCS 5/1-105.3 new
12    625 ILCS 5/1-105.6 new
13    625 ILCS 5/1-106.5 new
14    625 ILCS 5/1-111.1a, formerly 5/1-171.01
15        from Ch. 95 1/2, par. 1-171.01
16    625 ILCS 5/1-111.1b, formerly 5/1-110.1
17        from Ch. 95 1/2, par. 1-110.1
18    625 ILCS 5/1-111.1c, formerly 5/1-110a
19        from Ch. 95 1/2, par. 1-110a
20    625 ILCS 5/1-111.1d new
21    625 ILCS 5/1-111.2a new
22    625 ILCS 5/1-111.4 new
23    625 ILCS 5/1-111.5 new
24    625 ILCS 5/1-111.6 new
25    625 ILCS 5/1-111.7 new
26    625 ILCS 5/1-111.8, formerly 5/1-114
27        from Ch. 95 1/2, par. 1-114
28    625 ILCS 5/1-111.9, formerly 5/1-114.1
29    from Ch. 95 1/2, par. 1-114.1
30    625 ILCS 5/1-112.2        from Ch. 95 1/2, par. 1-112.2
31    625 ILCS 5/1-112.5, formerly 5/1-114.2
32        from Ch. 95 1/2, par. 1-114.2
33    625 ILCS 5/1-112.7 new
34    625 ILCS 5/1-115.05 new
HB0288 Engrossed            -114-             LRB9000475NTsbB
 1    625 ILCS 5/1-115.07 new
 2    625 ILCS 5/1-115.3 new
 3    625 ILCS 5/1-115.5 new
 4    625 ILCS 5/1-115.6 new
 5    625 ILCS 5/1-115.8 new
 6    625 ILCS 5/1-117.5 new
 7    625 ILCS 5/1-119.3 new
 8    625 ILCS 5/1-119.6 new
 9    625 ILCS 5/1-120.5 new
10    625 ILCS 5/1-122.5, formerly 5/1-124
11        from Ch. 95 1/2, par. 1-124
12    625 ILCS 5/1-122.7 new
13    625 ILCS 5/1-123.3 new
14    625 ILCS 5/1-123.4 new
15    625 ILCS 5/1-123.5 new
16    625 ILCS 5/1-123.7 new
17    625 ILCS 5/1-124.5 new
18    625 ILCS 5/1-125.5 new
19    625 ILCS 5/1-125.7 new
20    625 ILCS 5/1-126.5 new
21    625 ILCS 5/1-133.05 new
22    625 ILCS 5/1-134.05 new
23    625 ILCS 5/1-136.5 new
24    625 ILCS 5/1-140.5 new
25    625 ILCS 1-142.05 new
26    625 ILCS 5/1-142.1a new
27    625 ILCS 5/1-142.1b new
28    625 ILCS 5/1-144.05 new
29    625 ILCS 1-145.001, formerly 5/1-148
30        from Ch. 95 1/2, par. 1-148
31    625 ILCS 5/1-148.3a new
32    625 ILCS 5/1-148.3b, formerly 5/1-148.1
33        from Ch. 95 1/2, par. 1-148.1
34    625 ILCS 5/148.6, formerly 5/1-151
HB0288 Engrossed            -115-             LRB9000475NTsbB
 1        from Ch. 95 1/2, par. 1-151
 2    625 ILCS 5/1-148.8 new
 3    625 ILCS 5/1-154.5 new
 4    625 ILCS 5/1-154.7 new
 5    625 ILCS 5/1-155.5 new
 6    625 ILCS 5/1-156.5 new
 7    625 ILCS 5/1-158.5, formerly 5/1-300
 8        from Ch. 95 1/2, par. 1-300
 9    625 ILCS 5/1-159.5 new
10    625 ILCS 5/1-159.7 new
11    625 ILCS 5/1-162          from Ch. 95 1/2, par. 1-162
12    625 ILCS 5/1-162.5, formerly 5/1-164
13        from Ch. 95 1/2, par. 1-164
14    625 ILCS 5/1-164.5 new
15    625 ILCS 5/1-164.7 new
16    625 ILCS 5/1-168.05 new
17    625 ILCS 5/1-168.5 new
18    625 ILCS 5/1-169.5 new
19    625 ILCS 5/1-171.01a new
20    625 ILCS 5/1-171.01b new
21    625 ILCS 5/1-171.01c new
22    625 ILCS 5/1-171.3 new
23    625 ILCS 5/1-171.6, formerly 5/1-222
24        from Ch. 95 1/2, par. 1-222
25    625 ILCS 5/1-171.8, formerly 5/1-224
26        from Ch. 95 1/2, par. 1-224
27    625 ILCS 5/1-176.1        from Ch. 95 1/2, par. 1-176.1
28    625 ILCS 5/1-179.5 new
29    625 ILCS 5/1-180.5 new
30    625 ILCS 5/1-182.3 new
31    625 ILCS 5/1-182.6 new
32    625 ILCS 5/1-182.8 new
33    625 ILCS 5/1-183          from Ch. 95 1/2, par. 1-183
34    625 ILCS 5/1-186.5 new
HB0288 Engrossed            -116-             LRB9000475NTsbB
 1    625 ILCS 5/1-187.001 new
 2    625 ILCS 5/1-190.05 new
 3    625 ILCS 5/1-197.5, formerly 5/1-203.1
 4        from Ch. 95 1/2, par. 1-203.1
 5    625 ILCS 5/1-202.5 new
 6    625 ILCS 5/1-204.05 new
 7    625 ILCS 5/1-204.3 new
 8    625 ILCS 5/1-204.4 new
 9    625 ILCS 5/1-204.6 new
10    625 ILCS 5/1-205.01       from Ch. 95 1/2, par. 1-205.01
11    625 ILCS 5/1-205.1        from Ch. 95 1/2, par. 1-205.1
12    625 ILCS 5/1-209.5 new
13    625 ILCS 5/1-212.5, formerly 5/1-211.1
14        from Ch. 95 1/2, par. 1-211.1
15    625 ILCS 5/1-213.4 new
16    625 ILCS 5/1-213.5 new
17    625 ILCS 5/1-214.8, formerly 5/1-214.1
18        from Ch. 95 1/2, par. 1
19    625 ILCS 5/1-218.5 new
20    625 ILCS 5/2-105          from Ch. 95 1/2, par. 2-105
21    625 ILCS 5/3-400          from Ch. 95 1/2, par. 3-400
22    625 ILCS 5/3-402          from Ch. 95 1/2, par. 3-402
23    625 ILCS 5/3-402.1        from Ch. 95 1/2, par. 3-402.1
24    625 ILCS 5/3-618          from Ch. 95 1/2, par. 3-618
25    625 ILCS 5/3-804.02       from Ch. 95 1/2, par. 3-804.02
26    625 ILCS 5/3-808          from Ch. 95 1/2, par. 3-808
27    625 ILCS 5/3-1001         from Ch. 95 1/2, par. 3-1001
28    625 ILCS 5/4-103          from Ch. 95 1/2, par. 4-103
29    625 ILCS 5/5-100          from Ch. 95 1/2, par. 5-100
30    625 ILCS 5/5-401.3        from Ch. 95 1/2, par. 5-401.3
31    625 ILCS 5/6-301.2        from Ch. 95 1/2, par. 6-301.2
32    625 ILCS 5/6-500          from Ch. 95 1/2, par. 6-500
33    625 ILCS 5/6-514          from Ch. 95 1/2, par. 6-514
34    625 ILCS 5/6-802          from Ch. 95 1/2, par. 6-802
HB0288 Engrossed            -117-             LRB9000475NTsbB
 1    625 ILCS 5/6-901          from Ch. 95 1/2, par. 6-901
 2    625 ILCS 5/7-100          from Ch. 95 1/2, par. 7-100
 3    625 ILCS 5/7-102          from Ch. 95 1/2, par. 7-102
 4    625 ILCS 5/7-305          from Ch. 95 1/2, par. 7-305
 5    625 ILCS 5/7-501          from Ch. 95 1/2, par. 7-501
 6    625 ILCS 5/11-100         from Ch. 95 1/2, par. 11-100
 7    625 ILCS 5/11-401         from Ch. 95 1/2, par. 11-401
 8    625 ILCS 5/11-416         from Ch. 95 1/2, par. 11-416
 9    625 ILCS 5/11-1403.3      from Ch. 95 1/2, par. 11-1403.3
10    625 ILCS 5/11-1424        from Ch. 95 1/2, par. 11-1424
11    625 ILCS 5/12-603         from Ch. 95 1/2, par. 12-603
12    625 ILCS 5/12-605.1       from Ch. 95 1/2, par. 12-605.1
13    625 ILCS 5/12-605.2       from Ch. 95 1/2, par. 12-605.2
14    625 ILCS 5/12-607.1       from Ch. 95 1/2, par. 12-607.1
15    625 ILCS 5/12-714
16    625 ILCS 5/12-715
17    625 ILCS 5/12-902         from Ch. 95 1/2, par. 12-902
18    625 ILCS 5/13B-5
19    625 ILCS 5/15-107         from Ch. 95 1/2, par. 15-107
20    625 ILCS 5/15-111         from Ch. 95 1/2, par. 15-111
21    625 ILCS 5/15-301         from Ch. 95 1/2, par. 15-301
22    625 ILCS 5/18b-101        from Ch. 95 1/2, par. 18b-101
23    625 ILCS 5/18b-102        from Ch. 95 1/2, par. 18b-102
24    625 ILCS 5/18b-105        from Ch. 95 1/2, par. 18b-105
25    625 ILCS 5/18b-111        from Ch. 95 1/2, par. 18b-111
26    625 ILCS 5/18c-5204       from Ch. 95 1/2, par. 18c-5204
27    625 ILCS 5/1-101.3 rep.
28    625 ILCS 5/1-104 rep.
29    625 ILCS 5/1-111 rep.
30    625 ILCS 5/1-123.1 rep.
31    625 ILCS 5/1-143 rep.
32    625 ILCS 5/1-144 rep.
33    625 ILCS 5/1-175 rep.
34    625 ILCS 5/1-213 rep.
HB0288 Engrossed            -118-             LRB9000475NTsbB
 1    625 ILCS 5/1-218 rep.
 2    625 ILCS 5/1-219 rep.
 3    625 ILCS 5/1-221 rep.
 4    625 ILCS 5/1-223 rep.
 5    625 ILCS 5/3-900 rep.
 6    625 ILCS 5/4-100 rep.
 7    625 ILCS 5/7-302 rep.
 8    625 ILCS 5/12-100 rep.
 9    625 ILCS 5/12-500 rep.
10    625 ILCS 5/12-600 rep.
11    625 ILCS 5/12-800 rep.
12    625 ILCS 5/13-100 rep.
13    625 ILCS 5/15-100 rep.

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