Rep. Jay Hoffman

Filed: 3/13/2013

 

 


 

 


 
09800HB2741ham002LRB098 10482 JDS 42883 a

1
AMENDMENT TO HOUSE BILL 2741

2    AMENDMENT NO. ______. Amend House Bill 2741 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 15-301 as follows:
 
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits for excess size and weight.
8    (a) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and

 

 

09800HB2741ham002- 2 -LRB098 10482 JDS 42883 a

1for the maintenance of which the party is responsible.
2Applications and permits other than those in written or printed
3form may only be accepted from and issued to the company or
4individual making the movement. Except for an application to
5move directly across a highway, it shall be the duty of the
6applicant to establish in the application that the load to be
7moved by such vehicle or combination cannot reasonably be
8dismantled or disassembled, the reasonableness of which shall
9be determined by the Secretary of the Department. For the
10purpose of over length movements, more than one object may be
11carried side by side as long as the height, width, and weight
12laws are not exceeded and the cause for the over length is not
13due to multiple objects. For the purpose of over height
14movements, more than one object may be carried as long as the
15cause for the over height is not due to multiple objects and
16the length, width, and weight laws are not exceeded. For the
17purpose of an over width movement, more than one object may be
18carried as long as the cause for the over width is not due to
19multiple objects and length, height, and weight laws are not
20exceeded. No state or local agency shall authorize the issuance
21of excess size or weight permits for vehicles and loads that
22are divisible and that can be carried, when divided, within the
23existing size or weight maximums specified in this Chapter. Any
24excess size or weight permit issued in violation of the
25provisions of this Section shall be void at issue and any
26movement made thereunder shall not be authorized under the

 

 

09800HB2741ham002- 3 -LRB098 10482 JDS 42883 a

1terms of the void permit. In any prosecution for a violation of
2this Chapter when the authorization of an excess size or weight
3permit is at issue, it is the burden of the defendant to
4establish that the permit was valid because the load to be
5moved could not reasonably be dismantled or disassembled, or
6was otherwise nondivisible.
7    (b) The application for any such permit shall: (1) state
8whether such permit is requested for a single trip or for
9limited continuous operation; (2) state if the applicant is an
10authorized carrier under the Illinois Motor Carrier of Property
11Law, if so, his certificate, registration or permit number
12issued by the Illinois Commerce Commission; (3) specifically
13describe and identify the vehicle or vehicles and load to be
14operated or moved except that for vehicles or vehicle
15combinations registered by the Department as provided in
16Section 15-319 of this Chapter, only the Illinois Department of
17Transportation's (IDT) registration number or classification
18need be given; (4) state the routing requested including the
19points of origin and destination, and may identify and include
20a request for routing to the nearest certified scale in
21accordance with the Department's rules and regulations,
22provided the applicant has approval to travel on local roads;
23and (5) state if the vehicles or loads are being transported
24for hire. No permits for the movement of a vehicle or load for
25hire shall be issued to any applicant who is required under the
26Illinois Motor Carrier of Property Law to have a certificate,

 

 

09800HB2741ham002- 4 -LRB098 10482 JDS 42883 a

1registration or permit and does not have such certificate,
2registration or permit.
3    (c) The Department or local authority when not inconsistent
4with traffic safety is authorized to issue or withhold such
5permit at its discretion; or, if such permit is issued at its
6discretion to prescribe the route or routes to be traveled, to
7limit the number of trips, to establish seasonal or other time
8limitations within which the vehicles described may be operated
9on the highways indicated, or otherwise to limit or prescribe
10conditions of operations of such vehicle or vehicles, when
11necessary to assure against undue damage to the road
12foundations, surfaces or structures, and may require such
13undertaking or other security as may be deemed necessary to
14compensate for any injury to any roadway or road structure. The
15Department shall maintain a daily record of each permit issued
16along with the fee and the stipulated dimensions, weights,
17conditions and restrictions authorized and this record shall be
18presumed correct in any case of questions or dispute. The
19Department shall install an automatic device for recording
20applications received and permits issued by telephone. In
21making application by telephone, the Department and applicant
22waive all objections to the recording of the conversation.
23    (d) The Department shall, upon application in writing from
24any local authority, issue an annual permit authorizing the
25local authority to move oversize highway construction,
26transportation, utility and maintenance equipment over roads

 

 

09800HB2741ham002- 5 -LRB098 10482 JDS 42883 a

1under the jurisdiction of the Department. The permit shall be
2applicable only to equipment and vehicles owned by or
3registered in the name of the local authority, and no fee shall
4be charged for the issuance of such permits.
5    (e) As an exception to paragraph (a) of this Section, the
6Department and local authorities, with respect to highways
7under their respective jurisdictions, in their discretion and
8upon application in writing may issue a special permit for
9limited continuous operation, authorizing the applicant to
10move loads of agricultural commodities on a 2 axle single
11vehicle registered by the Secretary of State with axle loads
12not to exceed 35%, on a 3 or 4 axle vehicle registered by the
13Secretary of State with axle loads not to exceed 20%, and on a
145 axle vehicle registered by the Secretary of State not to
15exceed 10% above those provided in Section 15-111. The total
16gross weight of the vehicle, however, may not exceed the
17maximum gross weight of the registration class of the vehicle
18allowed under Section 3-815 or 3-818 of this Code.
19    As used in this Section, "agricultural commodities" means:
20        (1) cultivated plants or agricultural produce grown
21    including, but is not limited to, corn, soybeans, wheat,
22    oats, grain sorghum, canola, and rice;
23        (2) livestock, including but not limited to hogs,
24    equine, sheep, and poultry;
25        (3) ensilage; and
26        (4) fruits and vegetables.

 

 

09800HB2741ham002- 6 -LRB098 10482 JDS 42883 a

1    Permits may be issued for a period not to exceed 40 days
2and moves may be made of a distance not to exceed 50 miles from
3a field, an on-farm grain storage facility, a warehouse as
4defined in the Illinois Grain Code, or a livestock management
5facility as defined in the Livestock Management Facilities Act
6over any highway except the National System of Interstate and
7Defense Highways. The operator of the vehicle, however, must
8abide by posted bridge and posted highway weight limits. All
9implements of husbandry operating under this Section between
10sunset and sunrise shall be equipped as prescribed in Section
1112-205.1.
12    (e-1) Upon a declaration by the Governor that an emergency
13harvest situation exists, a special permit issued by the
14Department under this Section shall not be required from
15September 1 through December 31 during harvest season
16emergencies, provided that the weight does not exceed 20% above
17the limits provided in Section 15-111. All other restrictions
18that apply to permits issued under this Section shall apply
19during the declared time period. With respect to highways under
20the jurisdiction of local authorities, the local authorities
21may, at their discretion, waive special permit requirements
22during harvest season emergencies. This permit exemption shall
23apply to all vehicles eligible to obtain permits under this
24Section, including commercial vehicles in use during the
25declared time period.
26    (f) The form and content of the permit shall be determined

 

 

09800HB2741ham002- 7 -LRB098 10482 JDS 42883 a

1by the Department with respect to highways under its
2jurisdiction and by local authorities with respect to highways
3under their jurisdiction. Every permit shall be in written form
4and carried in the vehicle or combination of vehicles to which
5it refers and shall be open to inspection by any police officer
6or authorized agent of any authority granting the permit and no
7person shall violate any of the terms or conditions of such
8special permit. Violation of the terms and conditions of the
9permit shall not be deemed a revocation of the permit; however,
10any vehicle and load found to be off the route prescribed in
11the permit shall be held to be operating without a permit. Any
12off route vehicle and load shall be required to obtain a new
13permit or permits, as necessary, to authorize the movement back
14onto the original permit routing. No rule or regulation, nor
15anything herein shall be construed to authorize any police
16officer, court, or authorized agent of any authority granting
17the permit to remove the permit from the possession of the
18permittee unless the permittee is charged with a fraudulent
19permit violation as provided in paragraph (i). However, upon
20arrest for an offense of violation of permit, operating without
21a permit when the vehicle is off route, or any size or weight
22offense under this Chapter when the permittee plans to raise
23the issuance of the permit as a defense, the permittee, or his
24agent, must produce the permit at any court hearing concerning
25the alleged offense.
26    If the permit designates and includes a routing to a

 

 

09800HB2741ham002- 8 -LRB098 10482 JDS 42883 a

1certified scale, the permittee, while enroute to the designated
2scale, shall be deemed in compliance with the weight provisions
3of the permit provided the axle or gross weights do not exceed
4any of the permitted limits by more than the following amounts:
5        Single axle               2000 pounds
6        Tandem axle               3000 pounds
7        Gross                     5000 pounds
8    (g) The Department is authorized to adopt, amend, and to
9make available to interested persons a policy concerning
10reasonable rules, limitations and conditions or provisions of
11operation upon highways under its jurisdiction in addition to
12those contained in this Section for the movement by special
13permit of vehicles, combinations, or loads which cannot
14reasonably be dismantled or disassembled, including
15manufactured and modular home sections and portions thereof.
16All rules, limitations and conditions or provisions adopted in
17the policy shall have due regard for the safety of the
18traveling public and the protection of the highway system and
19shall have been promulgated in conformity with the provisions
20of the Illinois Administrative Procedure Act. The requirements
21of the policy for flagmen and escort vehicles shall be the same
22for all moves of comparable size and weight. When escort
23vehicles are required, they shall meet the following
24requirements:
25        (1) All operators shall be 18 years of age or over and
26    properly licensed to operate the vehicle.

 

 

09800HB2741ham002- 9 -LRB098 10482 JDS 42883 a

1        (2) Vehicles escorting oversized loads more than
2    12-feet wide must be equipped with a rotating or flashing
3    amber light mounted on top as specified under Section
4    12-215.
5    The Department shall establish reasonable rules and
6regulations regarding liability insurance or self insurance
7for vehicles with oversized loads promulgated under The
8Illinois Administrative Procedure Act. Police vehicles may be
9required for escort under circumstances as required by rules
10and regulations of the Department.
11    (h) Violation of any rule, limitation or condition or
12provision of any permit issued in accordance with the
13provisions of this Section shall not render the entire permit
14null and void but the violator shall be deemed guilty of
15violation of permit and guilty of exceeding any size, weight or
16load limitations in excess of those authorized by the permit.
17The prescribed route or routes on the permit are not mere
18rules, limitations, conditions, or provisions of the permit,
19but are also the sole extent of the authorization granted by
20the permit. If a vehicle and load are found to be off the route
21or routes prescribed by any permit authorizing movement, the
22vehicle and load are operating without a permit. Any off route
23movement shall be subject to the size and weight maximums,
24under the applicable provisions of this Chapter, as determined
25by the type or class highway upon which the vehicle and load
26are being operated.

 

 

09800HB2741ham002- 10 -LRB098 10482 JDS 42883 a

1    (i) Whenever any vehicle is operated or movement made under
2a fraudulent permit the permit shall be void, and the person,
3firm, or corporation to whom such permit was granted, the
4driver of such vehicle in addition to the person who issued
5such permit and any accessory, shall be guilty of fraud and
6either one or all persons may be prosecuted for such violation.
7Any person, firm, or corporation committing such violation
8shall be guilty of a Class 4 felony and the Department shall
9not issue permits to the person, firm or corporation convicted
10of such violation for a period of one year after the date of
11conviction. Penalties for violations of this Section shall be
12in addition to any penalties imposed for violation of other
13Sections of this Act.
14    (j) Whenever any vehicle is operated or movement made in
15violation of a permit issued in accordance with this Section,
16the person to whom such permit was granted, or the driver of
17such vehicle, is guilty of such violation and either, but not
18both, persons may be prosecuted for such violation as stated in
19this subsection (j). Any person, firm or corporation convicted
20of such violation shall be guilty of a petty offense and shall
21be fined for the first offense, not less than $50 nor more than
22$200 and, for the second offense by the same person, firm or
23corporation within a period of one year, not less than $200 nor
24more than $300 and, for the third offense by the same person,
25firm or corporation within a period of one year after the date
26of the first offense, not less than $300 nor more than $500 and

 

 

09800HB2741ham002- 11 -LRB098 10482 JDS 42883 a

1the Department shall not issue permits to the person, firm or
2corporation convicted of a third offense during a period of one
3year after the date of conviction for such third offense.
4    (k) Whenever any vehicle is operated on local roads under
5permits for excess width or length issued by local authorities,
6such vehicle may be moved upon a State highway for a distance
7not to exceed one-half mile without a permit for the purpose of
8crossing the State highway.
9    (l) Notwithstanding any other provision of this Section,
10the Department, with respect to highways under its
11jurisdiction, and local authorities, with respect to highways
12under their jurisdiction, may at their discretion authorize the
13movement of a vehicle in violation of any size or weight
14requirement, or both, that would not ordinarily be eligible for
15a permit, when there is a showing of extreme necessity that the
16vehicle and load should be moved without unnecessary delay.
17    For the purpose of this subsection, showing of extreme
18necessity shall be limited to the following: shipments of
19livestock, hazardous materials, liquid concrete being hauled
20in a mobile cement mixer, or hot asphalt.
21    (m) Penalties for violations of this Section shall be in
22addition to any penalties imposed for violating any other
23Section of this Code.
24    (n) The Department with respect to highways under its
25jurisdiction and local authorities with respect to highways
26under their jurisdiction, in their discretion and upon

 

 

09800HB2741ham002- 12 -LRB098 10482 JDS 42883 a

1application in writing, may issue a special permit for
2continuous limited operation, authorizing the applicant to
3operate a tow-truck that exceeds the weight limits provided for
4in subsection (a) of Section 15-111, provided:
5        (1) no rear single axle of the tow-truck exceeds 26,000
6    pounds;
7        (2) no rear tandem axle of the tow-truck exceeds 50,000
8    pounds;
9        (2.1) no triple rear axle on a manufactured recovery
10    unit exceeds 70,000 60,000 pounds;
11        (3) neither the disabled vehicle nor the disabled
12    combination of vehicles exceed the weight restrictions
13    imposed by this Chapter 15, or the weight limits imposed
14    under a permit issued by the Department prior to hookup;
15        (4) the tow-truck prior to hookup does not exceed the
16    weight restrictions imposed by this Chapter 15;
17        (5) during the tow operation the tow-truck does not
18    violate any weight restriction sign;
19        (6) the tow-truck is equipped with flashing, rotating,
20    or oscillating amber lights, visible for at least 500 feet
21    in all directions;
22        (7) the tow-truck is specifically designed and
23    licensed as a tow-truck;
24        (8) the tow-truck has a gross vehicle weight rating of
25    sufficient capacity to safely handle the load;
26        (9) the tow-truck is equipped with air brakes;

 

 

09800HB2741ham002- 13 -LRB098 10482 JDS 42883 a

1        (10) the tow-truck is capable of utilizing the lighting
2    and braking systems of the disabled vehicle or combination
3    of vehicles;
4        (11) the tow commences at the initial point of wreck or
5    disablement and terminates at a point where the repairs are
6    actually to occur;
7        (12) the permit issued to the tow-truck is carried in
8    the tow-truck and exhibited on demand by a police officer;
9    and
10        (13) the movement shall be valid only on state routes
11    approved by the Department.
12    (o) The Department, with respect to highways under its
13jurisdiction, and local authorities, with respect to highways
14under their jurisdiction, in their discretion and upon
15application in writing, may issue a special permit for
16continuous limited operation, authorizing the applicant to
17transport raw milk that exceeds the weight limits provided for
18in subsection (a) of Section 15-111 of this Code, provided:
19        (1) no single axle exceeds 20,000 pounds;
20        (2) no gross weight exceeds 80,000 pounds;
21        (3) permits issued by the State are good only for
22    federal and State highways and are not applicable to
23    interstate highways; and
24        (4) all road and bridge postings must be obeyed.
25    (p) In determining whether a load may be reasonably
26dismantled or disassembled for the purpose of paragraph (a),

 

 

09800HB2741ham002- 14 -LRB098 10482 JDS 42883 a

1the Department shall consider whether there is a significant
2negative impact on the condition of the pavement and structures
3along the proposed route, whether the load or vehicle as
4proposed causes a safety hazard to the traveling public,
5whether dismantling or disassembling the load promotes or
6stifles economic development and whether the proposed route
7travels less than 5 miles. A load is not required to be
8dismantled or disassembled for the purposes of paragraph (a) if
9the Secretary of the Department determines there will be no
10significant negative impact to pavement or structures along the
11proposed route, the proposed load or vehicle causes no safety
12hazard to the traveling public, dismantling or disassembling
13the load does not promote economic development and the proposed
14route travels less than 5 miles. The Department may promulgate
15rules for the purpose of establishing the divisibility of a
16load pursuant to paragraph (a). Any load determined by the
17Secretary to be nondivisible shall otherwise comply with the
18existing size or weight maximums specified in this Chapter.
19(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
2097-813, eff. 7-13-12.)".