State of Illinois
91st General Assembly

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 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  any  county  with  a  population  under
13    3,000,000, any second  division  vehicle  loaded  with  dirt,
14    aggregate,  garbage,  refuse, or other similar material, when
15    any  portion  of  the  load  is  falling,  sifting,  blowing,
16    dropping or in any way escaping from the vehicle.
17        (b)  No person shall operate, or cause to be operated, on
18    any highway within  the  boundaries  of  any  county  with  a
19    population of 3,000,000 or more, or on any highway within the
20    boundaries of any county adjacent to a county with population
21    of 3,000,000 or more, any second division vehicle with a load
22    of   dirt,  aggregate,  garbage,  refuse,  or  other  similar
23    material, unless the load  is  secured  or  enclosed  with  a
24    tarpaulin or other covering sufficient to prevent any portion
25    of   the   materials  from  falling,  blowing,  dropping,  or
26    otherwise escaping from  the  vehicle.   Vehicles  owned  and
27    operated by 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-                LRB9106044KSgc
 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.)

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