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90_SB0344
625 ILCS 5/15-109.1 from Ch. 95 1/2, par. 15-109.1
Amends the Illinois Vehicle Code. Requires second
division vehicles operating within the boundaries of a county
that has a population of 3,000,000 or more, or within a
boundary of a county adjacent to a county that has a
population of 3,000,000 or more, with an open load of dirt,
aggregate, garbage, refuse, or other similar materials to
secure loads with a tarpaulin or other covering sufficient to
prevent spillage of the material.
LRB9002784NTsb
LRB9002784NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 15-109.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. The Illinois Vehicle Code is amended by
6 changing Section 15-109.1 as follows:
7 (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
8 Sec. 15-109.1. Covers or tarpaulins required for certain
9 loads.
10 (a) Except as provided in subsection (b), no person
11 shall operate or cause to be operated, on a highway within
12 the boundaries of a county with a population under 3,000,000,
13 any second division vehicle loaded with dirt, aggregate,
14 garbage, refuse, or other similar material, when any portion
15 of the load is falling, sifting, blowing, dropping or in any
16 way escaping from the vehicle.
17 (b) No person shall operate, or cause to be operated, on
18 a highway within the boundaries of a county with a population
19 of 3,000,000 or more, or on a highway within the boundaries
20 of a county adjacent to a county with population of 3,000,000
21 or more, any second division vehicle with an open load of
22 dirt, aggregate, garbage, refuse, or other similar material,
23 unless the load is secured or enclosed with a tarpaulin or
24 other covering sufficient to prevent a portion of the
25 materials from falling, blowing, dropping, or otherwise
26 escaping from the vehicle. Vehicles owned and operated by
27 units of local government shall be exempt.
28 (c) This Section shall not apply to the operation of
29 highway maintenance vehicles engaged in removing snow and ice
30 from the roadway, nor to implements of husbandry or other
31 farm vehicles while transporting agricultural products to or
-2- LRB9002784NTsb
1 from the original place of production.
2 (d) For the purpose of this Section "aggregate" shall
3 include all ores, minerals, sand, gravel, shale, coal, clay,
4 limestone or any other ore or mineral which may be mined.
5 (e) Notwithstanding any other penalty, whenever a police
6 officer determines that the operator of a vehicle is in
7 violation of this Section, as evidenced by the issuance of a
8 citation for a violation of Section 15-109.1 of this Code,
9 the police officer shall require the operator to stop the
10 vehicle in a suitable place and keep such vehicle stationary
11 until the load has either been reduced, secured or covered
12 with a cover or tarpaulin of sufficient size to prevent any
13 further violation of this Section.
14 (f) Any violation of the provisions of this Section
15 shall be a petty offense punishable by a fine not to exceed
16 $250.
17 (Source: P.A. 84-226.)