State of Illinois
91st General Assembly
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Public Act 91-0569

HB2355 Enrolled                                LRB9102413KSsb

    AN ACT to amend the Illinois  Vehicle  Code  by  changing
Section 15-301 and adding Section 15-308.2.

    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  Section  15-301  and  adding  Section  15-308.2  as
follows:

    (625  ILCS  5/15-301)  (from Ch. 95 1/2, par. 15-301) `tf
     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 is
composed  of  a  single  nondivisible  object   that   cannot
reasonably be dismantled or disassembled.  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.   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 sweet  corn,  soybeans,  corn,
wheat,  milo,  other  small  grains  and  ensilage during the
harvest season only on a 2 axle single vehicle registered  by
the  Secretary  of  State  with  axle loads not to exceed 35%
above those provided in Section 15-111. Permits may be issued
for a period not to exceed 40 days and moves may be made of a
distance not to exceed 25 miles from a field to  a  specified
processing  plant over any highway except the National System
of Interstate and Defense Highways. All such  vehicles  shall
be  operated  in  the  daytime  except  when  weather or crop
conditions require emergency operation  at  night,  but  with
respect to such night operation, every such vehicle with load
shall  be  equipped  with  flashing amber lights as specified
under Section 12-215. 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, provided that 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.   This
permit  exemption  shall  apply  to  all vehicles eligible to
obtain  permits  under  this  Section,  including  commercial
vehicles 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   permitee,  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 (d) 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;
         (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 distance of the tow does not exceed 50
    miles from the point of disablement to a place of  repair
    or safekeeping;
         (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.
(Source: P.A.  90-89,  eff.  1-1-98;  90-228,  eff.  7-25-97;
90-655, eff. 7-30-98; 90-676, eff. 7-31-98.)

    (625 ILCS 5/15-308.2 new)
    Sec.  15-308.2.  Fees for special permits for tow-trucks.
The fee for a special permit to operate a tow-truck  pursuant
to  subsection  (n)  of  Section 15-301 is $500 quarterly and
$2,000  annually.

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