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Public Act 100-0070


 

Public Act 0070 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0070
 
HB2580 EnrolledLRB100 08381 AXK 18490 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 3-401 and 15-301 as follows:
 
    (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
    Sec. 3-401. Effect of provisions.
    (a) It shall be unlawful for any person to violate any
provision of this Chapter or to drive or move or for an owner
knowingly to permit to be driven or moved upon any highway any
vehicle of a type required to be registered hereunder which is
not registered or for which the appropriate fee has not been
paid when and as required hereunder, except that when
application accompanied by proper fee has been made for
registration of a vehicle it may be operated temporarily
pending complete registration upon displaying a duplicate
application duly verified or other evidence of such application
or otherwise under rules and regulations promulgated by the
Secretary of State.
    (b) The appropriate fees required to be paid under the
various provisions of this Act for registration of vehicles
shall mean the fee or fees which would have been paid
initially, if proper and timely application had been made to
the Secretary of State for the appropriate registration
required, whether such registration be a flat weight
registration, a single trip permit, a reciprocity permit or a
supplemental application to an original prorate application
together with payment of fees due under the supplemental
application for prorate decals.
    (c) Effective October 1, 1984, no vehicle required to pay a
Federal Highway Users Tax shall be registered unless proof of
payment, in a form prescribed and approved by the Secretary of
State, is submitted with the appropriate registration.
Notwithstanding any other provision of this Code, failure of
the applicant to comply with this paragraph shall be deemed
grounds for the Secretary to refuse registration.
    (c-1) A vehicle may not be registered by the Secretary of
State unless that vehicle:
        (1) was originally manufactured for operation on
    highways;
        (2) is a modification of a vehicle that was originally
    manufactured for operation on highways; or
        (3) was assembled from component parts designed for use
    in vehicles to be operated on highways.
    (d) Second division vehicles.
        (1) A vehicle of the second division moved or operated
    within this State shall have had paid for it the
    appropriate registration fees and flat weight tax, as
    evidenced by the Illinois registration issued for that
    vehicle, for the gross weight of the vehicle and load being
    operated or moved within this State. Second division
    vehicles of foreign jurisdictions operated within this
    State under a single trip permit, fleet reciprocity plan,
    prorate registration plan, or apportional registration
    plan, instead of second division vehicle registration
    under Article VIII of this Chapter, must have had paid for
    it the appropriate registration fees and flat weight tax in
    the base jurisdiction of that vehicle, as evidenced by the
    maximum gross weight shown on the foreign registration
    cards, plus any appropriate fees required under this Code.
        (2) If a vehicle and load are operated in this State
    and the appropriate fees and taxes have not been paid or
    the vehicle and load exceed the registered gross weight for
    which the required fees and taxes have been paid by 2001
    pounds or more, the operator or owner shall be fined as
    provided in Section 15-113 of this Code. However, an owner
    or operator shall not be subject to arrest under this
    subsection for any weight in excess of 80,000 pounds.
    Further, no fine shall exceed the actual cost of what the
    appropriate registration for that vehicle and load should
    have been as established in subsection (a) of Section 3-815
    of this Chapter regardless of the route traveled. For
    purposes of this paragraph (2), "appropriate registration"
    means the full annual cost of the required registration and
    its associated fees.
        (3) Any person operating a legal combination of
    vehicles displaying valid registration shall not be
    considered in violation of the registration provision of
    this subsection unless the total gross weight of the
    combination exceeds the total licensed weight of the
    vehicles in the combination. The gross weight of a vehicle
    exempt from the registration requirements of this Chapter
    shall not be included when determining the total gross
    weight of vehicles in combination. Any vehicle operating
    under an emergency harvest permit, as described in
    subsection (e-1) of Section 15-301 of this Code, shall not
    be in violation of this paragraph (3).
        (4) If the defendant claims that he or she had
    previously paid the appropriate Illinois registration fees
    and taxes for this vehicle before the alleged violation,
    the defendant shall have the burden of proving the
    existence of the payment by competent evidence. Proof of
    proper Illinois registration issued by the Secretary of
    State, or the appropriate registration authority from the
    foreign state, shall be the only competent evidence of
    payment.
(Source: P.A. 97-201, eff. 1-1-12.)
 
    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
    Sec. 15-301. Permits for excess size and weight.
    (a) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction may, in their discretion, upon
application and good cause being shown therefor, issue a
special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this Act or
otherwise not in conformity with this Act upon any highway
under the jurisdiction of the party granting such permit and
for the maintenance of which the party is responsible.
Applications and permits other than those in written or printed
form may only be accepted from and issued to the company or
individual making the movement. Except for an application to
move directly across a highway, it shall be the duty of the
applicant to establish in the application that the load to be
moved by such vehicle or combination cannot reasonably be
dismantled or disassembled, the reasonableness of which shall
be determined by the Secretary of the Department. For the
purpose of over length movements, more than one object may be
carried side by side as long as the height, width, and weight
laws are not exceeded and the cause for the over length is not
due to multiple objects. For the purpose of over height
movements, more than one object may be carried as long as the
cause for the over height is not due to multiple objects and
the length, width, and weight laws are not exceeded. For the
purpose of an over width movement, more than one object may be
carried as long as the cause for the over width is not due to
multiple objects and length, height, and weight laws are not
exceeded. Except for transporting fluid milk products, no State
or local agency shall authorize the issuance of excess size or
weight permits for vehicles and loads that are divisible and
that can be carried, when divided, within the existing size or
weight maximums specified in this Chapter. Any excess size or
weight permit issued in violation of the provisions of this
Section shall be void at issue and any movement made thereunder
shall not be authorized under the terms of the void permit. In
any prosecution for a violation of this Chapter when the
authorization of an excess size or weight permit is at issue,
it is the burden of the defendant to establish that the permit
was valid because the load to be moved could not reasonably be
dismantled or disassembled, or was otherwise nondivisible.
    (b) The application for any such permit shall: (1) state
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is an
authorized carrier under the Illinois Motor Carrier of Property
Law, if so, his certificate, registration or permit number
issued by the Illinois Commerce Commission; (3) specifically
describe and identify the vehicle or vehicles and load to be
operated or moved except that for vehicles or vehicle
combinations registered by the Department as provided in
Section 15-319 of this Chapter, only the Illinois Department of
Transportation's (IDT) registration number or classification
need be given; (4) state the routing requested including the
points of origin and destination, and may identify and include
a request for routing to the nearest certified scale in
accordance with the Department's rules and regulations,
provided the applicant has approval to travel on local roads;
and (5) state if the vehicles or loads are being transported
for hire. No permits for the movement of a vehicle or load for
hire shall be issued to any applicant who is required under the
Illinois Motor Carrier of Property Law to have a certificate,
registration or permit and does not have such certificate,
registration or permit.
    (c) The Department or local authority when not inconsistent
with traffic safety is authorized to issue or withhold such
permit at its discretion; or, if such permit is issued at its
discretion to prescribe the route or routes to be traveled, to
limit the number of trips, to establish seasonal or other time
limitations within which the vehicles described may be operated
on the highways indicated, or otherwise to limit or prescribe
conditions of operations of such vehicle or vehicles, when
necessary to assure against undue damage to the road
foundations, surfaces or structures, and may require such
undertaking or other security as may be deemed necessary to
compensate for any injury to any roadway or road structure. The
Department shall maintain a daily record of each permit issued
along with the fee and the stipulated dimensions, weights,
conditions and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The
Department shall install an automatic device for recording
applications received and permits issued by telephone. In
making application by telephone, the Department and applicant
waive all objections to the recording of the conversation.
    (d) The Department shall, upon application in writing from
any local authority, issue an annual permit authorizing the
local authority to move oversize highway construction,
transportation, utility and maintenance equipment over roads
under the jurisdiction of the Department. The permit shall be
applicable only to equipment and vehicles owned by or
registered in the name of the local authority, and no fee shall
be charged for the issuance of such permits.
    (e) As an exception to paragraph (a) of this Section, the
Department and local authorities, with respect to highways
under their respective jurisdictions, in their discretion and
upon application in writing may issue a special permit for
limited continuous operation, authorizing the applicant to
move loads of agricultural commodities on a 2 axle single
vehicle registered by the Secretary of State with axle loads
not to exceed 35%, on a 3 or 4 axle vehicle registered by the
Secretary of State with axle loads not to exceed 20%, and on a
5 axle vehicle registered by the Secretary of State not to
exceed 10% above those provided in Section 15-111. The total
gross weight of the vehicle, however, may not exceed the
maximum gross weight of the registration class of the vehicle
allowed under Section 3-815 or 3-818 of this Code.
    As used in this Section, "agricultural commodities" means:
        (1) cultivated plants or agricultural produce grown
    including, but is not limited to, corn, soybeans, wheat,
    oats, grain sorghum, canola, and rice;
        (2) livestock, including but not limited to hogs,
    equine, sheep, and poultry;
        (3) ensilage; and
        (4) fruits and vegetables.
    Permits may be issued for a period not to exceed 40 days
and moves may be made of a distance not to exceed 50 miles from
a field, an on-farm grain storage facility, a warehouse as
defined in the Illinois Grain Code, or a livestock management
facility as defined in the Livestock Management Facilities Act
over any highway except the National System of Interstate and
Defense Highways. The operator of the vehicle, however, must
abide by posted bridge and posted highway weight limits. All
implements of husbandry operating under this Section between
sunset and sunrise shall be equipped as prescribed in Section
12-205.1.
    (e-1) Upon a declaration by the Governor that an emergency
harvest situation exists, a special permit issued by the
Department under this Section shall not be required from
September 1 through December 31 during harvest season
emergencies for a vehicle that exceeds the maximum axle weight
and gross weight limits under Section 15-111 of this Code or
exceeds the vehicle's registered gross weight, provided that
the vehicle's axle weight and gross weight do not exceed 10%
above the maximum limits under Section 15-111 of this Code and
does not exceed the vehicle's registered gross weight by 10%.
All other restrictions that apply to permits issued under this
Section shall apply during the declared time period and no fee
shall be charged for the issuance of those permits. Permits
issued by the Department under this subsection (e-1) are only
valid on federal and State highways under the jurisdiction of
the Department, except interstate highways. the weight does not
exceed 20% above the limits provided in Section 15-111. All
other restrictions that apply to permits issued under this
Section shall apply during the declared time period. With
respect to highways under the jurisdiction of local
authorities, the local authorities may, at their discretion,
waive special permit requirements during harvest season
emergencies, and set a divisible load weight limit not to
exceed 10% above a vehicle's registered gross weight, provided
that the vehicle's axle weight and gross weight do not exceed
10% above the maximum limits specified in Section 15-111.
Permits issued under this subsection (e-1) This permit
exemption shall apply to all registered vehicles eligible to
obtain permits under this Section, including commercial
vehicles used in private or for-hire movement of divisible load
agricultural commodities in use during the declared time
period.
    (f) The form and content of the permit shall be determined
by the Department with respect to highways under its
jurisdiction and by local authorities with respect to highways
under their jurisdiction. Every permit shall be in written form
and carried in the vehicle or combination of vehicles to which
it refers and shall be open to inspection by any police officer
or authorized agent of any authority granting the permit and no
person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the
permit shall not be deemed a revocation of the permit; however,
any vehicle and load found to be off the route prescribed in
the permit shall be held to be operating without a permit. Any
off route vehicle and load shall be required to obtain a new
permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor
anything herein shall be construed to authorize any police
officer, court, or authorized agent of any authority granting
the permit to remove the permit from the possession of the
permittee unless the permittee is charged with a fraudulent
permit violation as provided in paragraph (i). However, upon
arrest for an offense of violation of permit, operating without
a permit when the vehicle is off route, or any size or weight
offense under this Chapter when the permittee plans to raise
the issuance of the permit as a defense, the permittee, or his
agent, must produce the permit at any court hearing concerning
the alleged offense.
    If the permit designates and includes a routing to a
certified scale, the permittee, while enroute to the designated
scale, shall be deemed in compliance with the weight provisions
of the permit provided the axle or gross weights do not exceed
any of the permitted limits by more than the following amounts:
        Single axle               2000 pounds
        Tandem axle               3000 pounds
        Gross                     5000 pounds
    (g) The Department is authorized to adopt, amend, and to
make available to interested persons a policy concerning
reasonable rules, limitations and conditions or provisions of
operation upon highways under its jurisdiction in addition to
those contained in this Section for the movement by special
permit of vehicles, combinations, or loads which cannot
reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof.
All rules, limitations and conditions or provisions adopted in
the policy shall have due regard for the safety of the
traveling public and the protection of the highway system and
shall have been promulgated in conformity with the provisions
of the Illinois Administrative Procedure Act. The requirements
of the policy for flagmen and escort vehicles shall be the same
for all moves of comparable size and weight. When escort
vehicles are required, they shall meet the following
requirements:
        (1) All operators shall be 18 years of age or over and
    properly licensed to operate the vehicle.
        (2) Vehicles escorting oversized loads more than
    12-feet wide must be equipped with a rotating or flashing
    amber light mounted on top as specified under Section
    12-215.
    The Department shall establish reasonable rules and
regulations regarding liability insurance or self insurance
for vehicles with oversized loads promulgated under the
Illinois Administrative Procedure Act. Police vehicles may be
required for escort under circumstances as required by rules
and regulations of the Department.
    (h) Violation of any rule, limitation or condition or
provision of any permit issued in accordance with the
provisions of this Section shall not render the entire permit
null and void but the violator shall be deemed guilty of
violation of permit and guilty of exceeding any size, weight or
load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere
rules, limitations, conditions, or provisions of the permit,
but are also the sole extent of the authorization granted by
the permit. If a vehicle and load are found to be off the route
or routes prescribed by any permit authorizing movement, the
vehicle and load are operating without a permit. Any off route
movement shall be subject to the size and weight maximums,
under the applicable provisions of this Chapter, as determined
by the type or class highway upon which the vehicle and load
are being operated.
    (i) Whenever any vehicle is operated or movement made under
a fraudulent permit the permit shall be void, and the person,
firm, or corporation to whom such permit was granted, the
driver of such vehicle in addition to the person who issued
such permit and any accessory, shall be guilty of fraud and
either one or all persons may be prosecuted for such violation.
Any person, firm, or corporation committing such violation
shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm or corporation convicted
of such violation for a period of one year after the date of
conviction. Penalties for violations of this Section shall be
in addition to any penalties imposed for violation of other
Sections of this Act.
    (j) Whenever any vehicle is operated or movement made in
violation of a permit issued in accordance with this Section,
the person to whom such permit was granted, or the driver of
such vehicle, is guilty of such violation and either, but not
both, persons may be prosecuted for such violation as stated in
this subsection (j). Any person, firm or corporation convicted
of such violation shall be guilty of a petty offense and shall
be fined for the first offense, not less than $50 nor more than
$200 and, for the second offense by the same person, firm or
corporation within a period of one year, not less than $200 nor
more than $300 and, for the third offense by the same person,
firm or corporation within a period of one year after the date
of the first offense, not less than $300 nor more than $500 and
the Department shall not issue permits to the person, firm or
corporation convicted of a third offense during a period of one
year after the date of conviction for such third offense.
    (k) Whenever any vehicle is operated on local roads under
permits for excess width or length issued by local authorities,
such vehicle may be moved upon a State highway for a distance
not to exceed one-half mile without a permit for the purpose of
crossing the State highway.
    (l) Notwithstanding any other provision of this Section,
the Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may at their discretion authorize the
movement of a vehicle in violation of any size or weight
requirement, or both, that would not ordinarily be eligible for
a permit, when there is a showing of extreme necessity that the
vehicle and load should be moved without unnecessary delay.
    For the purpose of this subsection, showing of extreme
necessity shall be limited to the following: shipments of
livestock, hazardous materials, liquid concrete being hauled
in a mobile cement mixer, or hot asphalt.
    (m) Penalties for violations of this Section shall be in
addition to any penalties imposed for violating any other
Section of this Code.
    (n) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction, in their discretion and upon
application in writing, may issue a special permit for
continuous limited operation, authorizing the applicant to
operate a tow-truck that exceeds the weight limits provided for
in subsection (a) of Section 15-111, provided:
        (1) no rear single axle of the tow-truck exceeds 26,000
    pounds;
        (2) no rear tandem axle of the tow-truck exceeds 50,000
    pounds;
        (2.1) no triple rear axle on a manufactured recovery
    unit exceeds 60,000 pounds;
        (3) neither the disabled vehicle nor the disabled
    combination of vehicles exceed the weight restrictions
    imposed by this Chapter 15, or the weight limits imposed
    under a permit issued by the Department prior to hookup;
        (4) the tow-truck prior to hookup does not exceed the
    weight restrictions imposed by this Chapter 15;
        (5) during the tow operation the tow-truck does not
    violate any weight restriction sign;
        (6) the tow-truck is equipped with flashing, rotating,
    or oscillating amber lights, visible for at least 500 feet
    in all directions;
        (7) the tow-truck is specifically designed and
    licensed as a tow-truck;
        (8) the tow-truck has a gross vehicle weight rating of
    sufficient capacity to safely handle the load;
        (9) the tow-truck is equipped with air brakes;
        (10) the tow-truck is capable of utilizing the lighting
    and braking systems of the disabled vehicle or combination
    of vehicles;
        (11) the tow commences at the initial point of wreck or
    disablement and terminates at a point where the repairs are
    actually to occur;
        (12) the permit issued to the tow-truck is carried in
    the tow-truck and exhibited on demand by a police officer;
    and
        (13) the movement shall be valid only on state routes
    approved by the Department.
    (o) (Blank).
    (p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of paragraph (a),
the Department shall consider whether there is a significant
negative impact on the condition of the pavement and structures
along the proposed route, whether the load or vehicle as
proposed causes a safety hazard to the traveling public,
whether dismantling or disassembling the load promotes or
stifles economic development and whether the proposed route
travels less than 5 miles. A load is not required to be
dismantled or disassembled for the purposes of paragraph (a) if
the Secretary of the Department determines there will be no
significant negative impact to pavement or structures along the
proposed route, the proposed load or vehicle causes no safety
hazard to the traveling public, dismantling or disassembling
the load does not promote economic development and the proposed
route travels less than 5 miles. The Department may promulgate
rules for the purpose of establishing the divisibility of a
load pursuant to paragraph (a). Any load determined by the
Secretary to be nondivisible shall otherwise comply with the
existing size or weight maximums specified in this Chapter.
(Source: P.A. 99-717, eff. 8-5-16.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/11/2017