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Public Act 91-0858
SB1298 Enrolled LRB9109928DHmb
AN ACT to amend the Illinois Vehicle Code by changing
Section 15-109.1.
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 15-109.1 as follows:
(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
Sec. 15-109.1. Covers or tarpaulins required for certain
loads.
(a) No person shall operate or cause to be operated, on
a highway, any second division vehicle loaded with dirt,
aggregate, garbage, refuse, or other similar material, when
any portion of the load is falling, sifting, blowing,
dropping or in any way escaping from the vehicle.
(b) No person shall operate or cause to be operated, on
a highway, any second division vehicle having a gross vehicle
weight rating of 8,000 pounds or more loaded with dirt,
aggregate, garbage, refuse, or other similar material in or
on any part of the vehicle other than in the cargo area. In
addition, no person shall operate on any highway, such
vehicle unless the tailgate on the vehicle is in good repair
and operating condition and closes securely so as to prevent
any load, residue, or other material from escaping.
(c) This Section shall not apply to the operation of
highway maintenance vehicles engaged in removing snow and ice
from the roadway, nor to implements of husbandry or other
farm vehicles while transporting agricultural products to or
from the original place of production.
(d) For the purpose of this Section "aggregate" shall
include all ores, minerals, sand, gravel, shale, coal, clay,
limestone or any other ore or mineral which may be mined.
(e) Notwithstanding any other penalty, whenever a police
officer determines that the operator of a vehicle is in
violation of this Section, as evidenced by the issuance of a
citation for a violation of Section 15-109.1 of this Code, or
where a police officer determines that a dangerous condition
exists whereby any portion of the load may fall, sift, blow,
drop, or in any way escape or fall from the vehicle, the
police officer shall require the operator to stop the vehicle
in a suitable place and keep such vehicle stationary until
the load has either been reduced, secured, or covered with a
cover or tarpaulin of sufficient size to prevent any further
violation of this Section.
(f) Any violation of the provisions of this Section
shall be a petty offense punishable by a fine not to exceed
$250.
(Source: P.A. 84-226.)
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