101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5646

 

Introduced , by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-111  from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Provides that the Department of Transportation may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon any State or local highway. Deletes language providing that local authorities may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon local highways under their jurisdiction. Makes conforming changes. Effective January 1, 2025.


LRB101 17209 HEP 66612 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5646LRB101 17209 HEP 66612 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 15-111 and 15-301 as follows:
 
6    (625 ILCS 5/15-111)  (from Ch. 95 1/2, par. 15-111)
7    Sec. 15-111. Wheel and axle loads and gross weights.
8    (a) No vehicle or combination of vehicles with pneumatic
9tires may be operated, unladen or with load, when the total
10weight on the road surface exceeds the following: 20,000 pounds
11on a single axle; 34,000 pounds on a tandem axle with no axle
12within the tandem exceeding 20,000 pounds; 80,000 pounds gross
13weight for vehicle combinations of 5 or more axles; or a total
14weight on a group of 2 or more consecutive axles in excess of
15that weight produced by the application of the following
16formula: W = 500 times the sum of (LN divided by N-1) + 12N +
1736, where "W" equals overall total weight on any group of 2 or
18more consecutive axles to the nearest 500 pounds, "L" equals
19the distance measured to the nearest foot between extremes of
20any group of 2 or more consecutive axles, and "N" equals the
21number of axles in the group under consideration.
22    The above formula when expressed in tabular form results in
23allowable loads as follows:
 

 

 

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1Distance measured
2to the nearest
3foot between the
4extremes of any         Maximum weight in pounds
5group of 2 or           of any group of
6more consecutive        2 or more consecutive axles
7axles
8feet2 axles3 axles4 axles5 axles6 axles
9434,000
10534,000
11634,000
12734,000
13838,000*42,000
14939,00042,500
151040,00043,500
161144,000
171245,00050,000
181345,50050,500
191446,50051,500
201547,00052,000
211648,00052,50058,000
221748,50053,50058,500
231849,50054,00059,000
241950,00054,50060,000
252051,00055,50060,50066,000

 

 

HB5646- 3 -LRB101 17209 HEP 66612 b

12151,50056,00061,00066,500
22252,50056,50061,50067,000
32353,00057,50062,50068,000
42454,00058,00063,00068,500
52554,50058,50063,50069,000
62655,50059,50064,00069,500
72756,00060,00065,00070,000
82857,00060,50065,50071,000
92957,50061,50066,00071,500
103058,50062,00066,50072,000
113159,00062,50067,50072,500
123260,00063,50068,00073,000
133364,00068,50074,000
143464,50069,00074,500
153565,50070,00075,000
163666,00070,50075,500
173766,50071,00076,000
183867,50072,00077,000
193968,00072,50077,500
204068,50073,00078,000
214169,50073,50078,500
224270,00074,00079,000
234370,50075,00080,000
244471,50075,500
254572,00076,000
264672,50076,500

 

 

HB5646- 4 -LRB101 17209 HEP 66612 b

14773,50077,500
24874,00078,000
34974,50078,500
45075,50079,000
55176,00080,000
65276,500
75377,500
85478,000
95578,500
105679,500
115780,000
12*If the distance between 2 axles is 96 inches or less, the 2
13axles are tandem axles and the maximum total weight may not
14exceed 34,000 pounds, notwithstanding the higher limit
15resulting from the application of the formula.
16    Vehicles not in a combination having more than 4 axles may
17not exceed the weight in the table in this subsection (a) for 4
18axles measured between the extreme axles of the vehicle.
19    Vehicles in a combination having more than 6 axles may not
20exceed the weight in the table in this subsection (a) for 6
21axles measured between the extreme axles of the combination.
22    Local authorities, with respect to streets and highways
23under their jurisdiction, without additional fees, may also by
24ordinance or resolution allow the weight limitations of this
25subsection, provided the maximum gross weight on any one axle
26shall not exceed 20,000 pounds and the maximum total weight on

 

 

HB5646- 5 -LRB101 17209 HEP 66612 b

1any tandem axle shall not exceed 34,000 pounds, on designated
2highways when appropriate regulatory signs giving notice are
3erected upon the street or highway or portion of any street or
4highway affected by the ordinance or resolution.
5    The following are exceptions to the above formula:
6        (1) Vehicles for which a different limit is established
7    and posted in accordance with Section 15-316 of this Code.
8        (2) Vehicles for which the Department of
9    Transportation issues and local authorities issue
10    overweight permits under authority of Section 15-301 of
11    this Code. These vehicles are not subject to the bridge
12    formula.
13        (3) Cities having a population of more than 50,000 may
14    permit by ordinance axle loads on 2-axle motor vehicles 33
15    1/2% above those provided for herein, but the increase
16    shall not become effective until the city has officially
17    notified the Department of the passage of the ordinance and
18    shall not apply to those vehicles when outside of the
19    limits of the city, nor shall the gross weight of any
20    2-axle motor vehicle operating over any street of the city
21    exceed 40,000 pounds.
22        (4) Weight limitations shall not apply to vehicles
23    (including loads) operated by a public utility when
24    transporting equipment required for emergency repair of
25    public utility facilities or properties or water wells.
26        (4.5) A 3-axle or 4-axle vehicle (including when laden)

 

 

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1    operated or hired by a municipality within Cook, Lake,
2    McHenry, Kane, DuPage, or Will county being operated for
3    the purpose of performing emergency sewer repair that would
4    be subject to a weight limitation less than 66,000 pounds
5    under the formula in this subsection (a) shall have a
6    weight limitation of 66,000 pounds or the vehicle's gross
7    vehicle weight rating, whichever is less. This paragraph
8    (4.5) does not apply to vehicles being operated on the
9    National System of Interstate and Defense Highways, or to
10    vehicles being operated on bridges or other elevated
11    structures constituting a part of a highway.
12        (5) Two consecutive sets of tandem axles may carry a
13    total weight of 34,000 pounds each if the overall distance
14    between the first and last axles of the consecutive sets of
15    tandem axles is 36 feet or more, notwithstanding the lower
16    limit resulting from the application of the above formula.
17        (6) A truck, not in combination and used exclusively
18    for the collection of rendering materials, may, when laden,
19    transmit upon the road surface, except when on part of the
20    National System of Interstate and Defense Highways, the
21    following maximum weights: 22,000 pounds on a single axle;
22    40,000 pounds on a tandem axle.
23        (7) A truck not in combination, equipped with a self
24    compactor or an industrial roll-off hoist and roll-off
25    container, used exclusively for garbage, refuse, or
26    recycling operations, may, when laden, transmit upon the

 

 

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1    road surface, except when on part of the National System of
2    Interstate and Defense Highways, the following maximum
3    weights: 22,000 pounds on a single axle; 40,000 pounds on a
4    tandem axle; 40,000 pounds gross weight on a 2-axle
5    vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
6    This vehicle is not subject to the bridge formula.
7        (7.5) A 3-axle rear discharge truck mixer registered as
8    a Special Hauling Vehicle, used exclusively for the mixing
9    and transportation of concrete in the plastic state, may,
10    when laden, transmit upon the road surface, except when on
11    part of the National System of Interstate and Defense
12    Highways, the following maximum weights: 22,000 pounds on
13    single axle; 40,000 pounds on a tandem axle; 54,000 pounds
14    gross weight on a 3-axle vehicle. This vehicle is not
15    subject to the bridge formula.
16        (8) Except as provided in paragraph (7.5) of this
17    subsection (a), tandem axles on a 3-axle truck registered
18    as a Special Hauling Vehicle, manufactured prior to or in
19    the model year of 2024 and first registered in Illinois
20    prior to January 1, 2025, with a distance greater than 72
21    inches but not more than 96 inches between any series of 2
22    axles, is allowed a combined weight on the series not to
23    exceed 36,000 pounds and neither axle of the series may
24    exceed 20,000 pounds. Any vehicle of this type manufactured
25    after the model year of 2024 or first registered in
26    Illinois after December 31, 2024 may not exceed a combined

 

 

HB5646- 8 -LRB101 17209 HEP 66612 b

1    weight of 34,000 pounds through the series of 2 axles and
2    neither axle of the series may exceed 20,000 pounds.
3        A 3-axle combination sewer cleaning jetting vacuum
4    truck registered as a Special Hauling Vehicle, used
5    exclusively for the transportation of non-hazardous solid
6    waste, manufactured before or in the model year of 2014,
7    first registered in Illinois before January 1, 2015, may,
8    when laden, transmit upon the road surface, except when on
9    part of the National System of Interstate and Defense
10    Highways, the following maximum weights: 22,000 pounds on a
11    single axle; 40,000 pounds on a tandem axle; 54,000 pounds
12    gross weight on a 3-axle vehicle. This vehicle is not
13    subject to the bridge formula.
14        (9) A 4-axle truck mixer registered as a Special
15    Hauling Vehicle, used exclusively for the mixing and
16    transportation of concrete in the plastic state, and not
17    operated on a highway that is part of the National System
18    of Interstate Highways, is allowed the following maximum
19    weights: 20,000 pounds on any single axle; 36,000 pounds on
20    a series of axles greater than 72 inches but not more than
21    96 inches; and 34,000 pounds on any series of 2 axles
22    greater than 40 inches but not more than 72 inches. The
23    gross weight of this vehicle may not exceed the weights
24    allowed by the bridge formula for 4 axles. The bridge
25    formula does not apply to any series of 3 axles while the
26    vehicle is transporting concrete in the plastic state, but

 

 

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1    no axle or tandem axle of the series may exceed the maximum
2    weight permitted under this paragraph (9) of subsection
3    (a).
4        (10) Combinations of vehicles, registered as Special
5    Hauling Vehicles that include a semitrailer manufactured
6    prior to or in the model year of 2024, and registered in
7    Illinois prior to January 1, 2025, having 5 axles with a
8    distance of 42 feet or less between extreme axles, may not
9    exceed the following maximum weights: 20,000 pounds on a
10    single axle; 34,000 pounds on a tandem axle; and 72,000
11    pounds gross weight. This combination of vehicles is not
12    subject to the bridge formula. For all those combinations
13    of vehicles that include a semitrailer manufactured after
14    the effective date of P.A. 92-0417, the overall distance
15    between the first and last axles of the 2 sets of tandems
16    must be 18 feet 6 inches or more. Any combination of
17    vehicles that has had its cargo container replaced in its
18    entirety after December 31, 2024 may not exceed the weights
19    allowed by the bridge formula.
20        (11) The maximum weight allowed on a vehicle with
21    crawler type tracks is 40,000 pounds.
22        (12) A combination of vehicles, including a tow truck
23    and a disabled vehicle or disabled combination of vehicles,
24    that exceeds the weight restriction imposed by this Code,
25    may be operated on a public highway in this State provided
26    that neither the disabled vehicle nor any vehicle being

 

 

HB5646- 10 -LRB101 17209 HEP 66612 b

1    towed nor the tow truck itself shall exceed the weight
2    limitations permitted under this Chapter. During the
3    towing operation, neither the tow truck nor the vehicle
4    combination shall exceed 24,000 pounds on a single rear
5    axle and 44,000 pounds on a tandem rear axle, provided the
6    towing vehicle:
7            (i) is specifically designed as a tow truck having
8        a gross vehicle weight rating of at least 18,000 pounds
9        and is equipped with air brakes, provided that air
10        brakes are required only if the towing vehicle is
11        towing a vehicle, semitrailer, or tractor-trailer
12        combination that is equipped with air brakes;
13            (ii) is equipped with flashing, rotating, or
14        oscillating amber lights, visible for at least 500 feet
15        in all directions;
16            (iii) is capable of utilizing the lighting and
17        braking systems of the disabled vehicle or combination
18        of vehicles; and
19            (iv) does not engage in a tow exceeding 20 miles
20        from the initial point of wreck or disablement. Any
21        additional movement of the vehicles may occur only upon
22        issuance of authorization for that movement under the
23        provisions of Sections 15-301 through 15-318 of this
24        Code. The towing vehicle, however, may tow any disabled
25        vehicle to a point where repairs are actually to occur.
26        This movement shall be valid only on State routes. The

 

 

HB5646- 11 -LRB101 17209 HEP 66612 b

1        tower must abide by posted bridge weight limits.
2        (12.5) The vehicle weight limitations in this Section
3    do not apply to a covered heavy duty tow and recovery
4    vehicle. The covered heavy duty tow and recovery vehicle
5    license plate must cover the operating empty weight of the
6    covered heavy duty tow and recovery vehicle only.
7        (13) Upon and during a declaration of an emergency
8    propane supply disaster by the Governor under Section 7 of
9    the Illinois Emergency Management Agency Act:
10            (i) a truck not in combination, equipped with a
11        cargo tank, used exclusively for the transportation of
12        propane or liquefied petroleum gas may, when laden,
13        transmit upon the road surface, except when on part of
14        the National System of Interstate and Defense
15        Highways, the following maximum weights: 22,000 pounds
16        on a single axle; 40,000 pounds on a tandem axle;
17        40,000 pounds gross weight on a 2-axle vehicle; 54,000
18        pounds gross weight on a 3-axle vehicle; and
19            (ii) a truck when in combination with a trailer
20        equipped with a cargo tank used exclusively for the
21        transportation of propane or liquefied petroleum gas
22        may, when laden, transmit upon the road surface, except
23        when on part of the National System of Interstate and
24        Defense Highways, the following maximum weights:
25        22,000 pounds on a single axle; 40,000 pounds on a
26        tandem axle; 90,000 pounds gross weight on a 5-axle or

 

 

HB5646- 12 -LRB101 17209 HEP 66612 b

1        6-axle vehicle.
2        Vehicles operating under this paragraph (13) are not
3    subject to the bridge formula.
4        (14) A vehicle or combination of vehicles that uses
5    natural gas or propane gas as a motor fuel may exceed the
6    above weight limitations by up to 2,000 pounds, the total
7    allowance is calculated by an amount that is equal to the
8    difference between the weight of the vehicle attributable
9    to the natural gas or propane gas tank and fueling system
10    carried by the vehicle, and the weight of a comparable
11    diesel tank and fueling system. This paragraph (14) shall
12    not allow a vehicle to exceed any posted weight limit on a
13    highway or structure.
14        (15) An emergency vehicle or fire apparatus that is a
15    vehicle designed to be used under emergency conditions to
16    transport personnel and equipment, and used to support the
17    suppression of fires and mitigation of other hazardous
18    situations on a Class I highway, may not exceed 86,000
19    pounds gross weight, or any of the following weight
20    allowances:
21            (i) 24,000 pounds on a single steering axle;
22            (ii) 33,500 pounds on a single drive axle;
23            (iii) 62,000 pounds on a tandem axle; or
24            (iv) 52,000 pounds on a tandem rear drive steer
25        axle.
26        (16) A bus, motor coach, or recreational vehicle may

 

 

HB5646- 13 -LRB101 17209 HEP 66612 b

1    carry a total weight of 24,000 pounds on a single axle, but
2    may not exceed other weight provisions of this Section.
3    Gross weight limits shall not apply to the combination of
4the tow truck and vehicles being towed. The tow truck license
5plate must cover the operating empty weight of the tow truck
6only. The weight of each vehicle being towed shall be covered
7by a valid license plate issued to the owner or operator of the
8vehicle being towed and displayed on that vehicle. If no valid
9plate issued to the owner or operator of that vehicle is
10displayed on that vehicle, or the plate displayed on that
11vehicle does not cover the weight of the vehicle, the weight of
12the vehicle shall be covered by the third tow truck plate
13issued to the owner or operator of the tow truck and
14temporarily affixed to the vehicle being towed. If a roll-back
15carrier is registered and being used as a tow truck, however,
16the license plate or plates for the tow truck must cover the
17gross vehicle weight, including any load carried on the bed of
18the roll-back carrier.
19    The Department may by rule or regulation prescribe
20additional requirements. However, nothing in this Code shall
21prohibit a tow truck under instructions of a police officer
22from legally clearing a disabled vehicle, that may be in
23violation of weight limitations of this Chapter, from the
24roadway to the berm or shoulder of the highway. If in the
25opinion of the police officer that location is unsafe, the
26officer is authorized to have the disabled vehicle towed to the

 

 

HB5646- 14 -LRB101 17209 HEP 66612 b

1nearest place of safety.
2    For the purpose of this subsection, gross vehicle weight
3rating, or GVWR, means the value specified by the manufacturer
4as the loaded weight of the tow truck.
5    (b) As used in this Section, "recycling haul" or "recycling
6operation" means the hauling of non-hazardous, non-special,
7non-putrescible materials, such as paper, glass, cans, or
8plastic, for subsequent use in the secondary materials market.
9    (c) No vehicle or combination of vehicles equipped with
10pneumatic tires shall be operated, unladen or with load, upon
11the highways of this State in violation of the provisions of
12any permit issued under the provisions of Sections 15-301
13through 15-318 of this Chapter.
14    (d) No vehicle or combination of vehicles equipped with
15other than pneumatic tires may be operated, unladen or with
16load, upon the highways of this State when the gross weight on
17the road surface through any wheel exceeds 800 pounds per inch
18width of tire tread or when the gross weight on the road
19surface through any axle exceeds 16,000 pounds.
20    (e) No person shall operate a vehicle or combination of
21vehicles over a bridge or other elevated structure constituting
22part of a highway with a gross weight that is greater than the
23maximum weight permitted by the Department, when the structure
24is sign posted as provided in this Section.
25    (f) The Department upon request from any local authority
26shall, or upon its own initiative may, conduct an investigation

 

 

HB5646- 15 -LRB101 17209 HEP 66612 b

1of any bridge or other elevated structure constituting a part
2of a highway, and if it finds that the structure cannot with
3safety to itself withstand the weight of vehicles otherwise
4permissible under this Code the Department shall determine and
5declare the maximum weight of vehicles that the structures can
6withstand, and shall cause or permit suitable signs stating
7maximum weight to be erected and maintained before each end of
8the structure. No person shall operate a vehicle or combination
9of vehicles over any structure with a gross weight that is
10greater than the posted maximum weight.
11    (g) Upon the trial of any person charged with a violation
12of subsection (e) or (f) of this Section, proof of the
13determination of the maximum allowable weight by the Department
14and the existence of the signs, constitutes conclusive evidence
15of the maximum weight that can be maintained with safety to the
16bridge or structure.
17(Source: P.A. 99-78, eff. 7-20-15; 99-717, eff. 8-5-16;
18100-366, eff. 1-1-18; 100-728, eff. 1-1-19.)
 
19    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
20    Sec. 15-301. Permits for excess size and weight.
21    (a) The Department, with respect to State and local
22highways, under its jurisdiction and local authorities with
23respect to highways under their jurisdiction may, in its their
24discretion, upon application and good cause being shown
25therefor, issue a special permit authorizing the applicant to

 

 

HB5646- 16 -LRB101 17209 HEP 66612 b

1operate or move a vehicle or combination of vehicles of a size
2or weight of vehicle or load exceeding the maximum specified in
3this Code or otherwise not in conformity with this Code upon
4any State or local highway under the jurisdiction of the party
5granting such permit and for the maintenance of which the party
6is responsible. Applications and permits other than those in
7written or printed form may only be accepted from and issued to
8the company or individual making the movement. Except for an
9application to move directly across a highway, it shall be the
10duty of the applicant to establish in the application that the
11load to be moved by such vehicle or combination cannot
12reasonably be dismantled or disassembled, the reasonableness
13of which shall be determined by the Secretary of the
14Department. For the purpose of over length movements, more than
15one object may be carried side by side as long as the height,
16width, and weight laws are not exceeded and the cause for the
17over length is not due to multiple objects. For the purpose of
18over height movements, more than one object may be carried as
19long as the cause for the over height is not due to multiple
20objects and the length, width, and weight laws are not
21exceeded. For the purpose of an over width movement, more than
22one object may be carried as long as the cause for the over
23width is not due to multiple objects and length, height, and
24weight laws are not exceeded. Except for transporting fluid
25milk products, the Department no State or local agency shall
26not authorize the issuance of excess size or weight permits for

 

 

HB5646- 17 -LRB101 17209 HEP 66612 b

1vehicles and loads that are divisible and that can be carried,
2when divided, within the existing size or weight maximums
3specified in this Chapter. Any excess size or weight permit
4issued in violation of the provisions of this Section shall be
5void at issue and any movement made thereunder shall not be
6authorized under the terms of the void permit. In any
7prosecution for a violation of this Chapter when the
8authorization of an excess size or weight permit is at issue,
9it is the burden of the defendant to establish that the permit
10was valid because the load to be moved could not reasonably be
11dismantled or disassembled, or was otherwise nondivisible.
12    (a-1) As used in this Section, "extreme heavy duty tow and
13recovery vehicle" means a tow truck manufactured as a unit
14having a lifting capacity of not less than 50 tons, and having
15either 4 axles and an unladen weight of not more than 80,000
16pounds or 5 axles and an unladen weight not more than 90,000
17pounds. Notwithstanding otherwise applicable gross and axle
18weight limits, an extreme heavy duty tow and recovery vehicle
19may lawfully travel to and from the scene of a disablement and
20clear a disabled vehicle if the towing service has obtained an
21extreme heavy duty tow and recovery permit for the vehicle. The
22form and content of the permit shall be determined by the
23Department with respect to highways under its jurisdiction and
24by local authorities with respect to highways under their
25jurisdiction.
26    (b) The application for any such permit shall: (1) state

 

 

HB5646- 18 -LRB101 17209 HEP 66612 b

1whether such permit is requested for a single trip or for
2limited continuous operation; (2) state if the applicant is an
3authorized carrier under the Illinois Motor Carrier of Property
4Law, if so, his certificate, registration, or permit number
5issued by the Illinois Commerce Commission; (3) specifically
6describe and identify the vehicle or vehicles and load to be
7operated or moved; (4) state the routing requested, including
8the points of origin and destination, and may identify and
9include a request for routing to the nearest certified scale in
10accordance with the Department's rules and regulations,
11provided the applicant has approval to travel on local roads;
12and (5) state if the vehicles or loads are being transported
13for hire. No permits for the movement of a vehicle or load for
14hire shall be issued to any applicant who is required under the
15Illinois Motor Carrier of Property Law to have a certificate,
16registration, or permit and does not have such certificate,
17registration, or permit.
18    (c) The Department, or local authority when not
19inconsistent with traffic safety, is authorized to issue or
20withhold such permit at its discretion; or, if such permit is
21issued at its discretion to prescribe the route or routes to be
22traveled, to limit the number of trips, to establish seasonal
23or other time limitations within which the vehicles described
24may be operated on the highways indicated, or otherwise to
25limit or prescribe conditions of operations of such vehicle or
26vehicles, when necessary to assure against undue damage to the

 

 

HB5646- 19 -LRB101 17209 HEP 66612 b

1road foundations, surfaces or structures, and may require such
2undertaking or other security as may be deemed necessary to
3compensate for any injury to any roadway or road structure. The
4Department shall maintain a daily record of each permit issued
5along with the fee and the stipulated dimensions, weights,
6conditions, and restrictions authorized and this record shall
7be presumed correct in any case of questions or dispute. The
8Department shall install an automatic device for recording
9applications received and permits issued by telephone. In
10making application by telephone, the Department and applicant
11waive all objections to the recording of the conversation.
12    (d) The Department shall, upon application in writing from
13any local authority, issue an annual permit authorizing the
14local authority to move oversize highway construction,
15transportation, utility, and maintenance equipment over roads
16under the jurisdiction of the Department. The permit shall be
17applicable only to equipment and vehicles owned by or
18registered in the name of the local authority, and no fee shall
19be charged for the issuance of such permits.
20    (e) As an exception to subsection (a) of this Section, the
21Department and local authorities, with respect to State and
22local highways under their respective jurisdictions, in its
23their discretion and upon application in writing, may issue a
24special permit for limited continuous operation, authorizing
25the applicant to move loads of agricultural commodities on a
262-axle single vehicle registered by the Secretary of State with

 

 

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1axle loads not to exceed 35%, on a 3-axle or 4-axle vehicle
2registered by the Secretary of State with axle loads not to
3exceed 20%, and on a 5-axle vehicle registered by the Secretary
4of State not to exceed 10% above those provided in Section
515-111. The total gross weight of the vehicle, however, may not
6exceed the maximum gross weight of the registration class of
7the vehicle allowed under Section 3-815 or 3-818 of this Code.
8    As used in this Section, "agricultural commodities" means:
9        (1) cultivated plants or agricultural produce grown,
10    including, but not limited to, corn, soybeans, wheat, oats,
11    grain sorghum, canola, and rice;
12        (2) livestock, including, but not limited to, hogs,
13    equine, sheep, and poultry;
14        (3) ensilage; and
15        (4) fruits and vegetables.
16    Permits may be issued for a period not to exceed 40 days
17and moves may be made of a distance not to exceed 50 miles from
18a field, an on-farm grain storage facility, a warehouse as
19defined in the Grain Code, or a livestock management facility
20as defined in the Livestock Management Facilities Act over any
21highway except the National System of Interstate and Defense
22Highways. The operator of the vehicle, however, must abide by
23posted bridge and posted highway weight limits. All implements
24of husbandry operating under this Section between sunset and
25sunrise shall be equipped as prescribed in Section 12-205.1.
26    (e-1) A special permit shall be issued by the Department

 

 

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1under this Section and shall be required from September 1
2through December 31 for a vehicle that exceeds the maximum axle
3weight and gross weight limits under Section 15-111 of this
4Code or exceeds the vehicle's registered gross weight, provided
5that the vehicle's axle weight and gross weight do not exceed
610% above the maximum limits under Section 15-111 of this Code
7and does not exceed the vehicle's registered gross weight by
810%. All other restrictions that apply to permits issued under
9this Section shall apply during the declared time period and no
10fee shall be charged for the issuance of those permits. Permits
11issued by the Department under this subsection (e-1) are only
12valid on federal, and State, and local highways under the
13jurisdiction of the Department, except interstate highways.
14With respect to highways under the jurisdiction of local
15authorities, the local authorities may, at their discretion,
16waive special permit requirements and set a divisible load
17weight limit not to exceed 10% above a vehicle's registered
18gross weight, provided that the vehicle's axle weight and gross
19weight do not exceed 10% above the maximum limits specified in
20Section 15-111. Permits issued under this subsection (e-1)
21shall apply to all registered vehicles eligible to obtain
22permits under this Section, including vehicles used in private
23or for-hire movement of divisible load agricultural
24commodities during the declared time period.
25    (f) The form and content of the permit shall be determined
26by the Department with respect to State and local highways

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1in a mobile cement mixer, or hot asphalt.
2    (m) Penalties for violations of this Section shall be in
3addition to any penalties imposed for violating any other
4Section of this Code.
5    (n) The Department with respect to State and local highways
6under its jurisdiction and local authorities with respect to
7highways under their jurisdiction, in its their discretion and
8upon application in writing, may issue a special permit for
9continuous limited operation, authorizing the applicant to
10operate a tow truck that exceeds the weight limits provided for
11in subsection (a) of Section 15-111, provided:
12        (1) no rear single axle of the tow truck exceeds 26,000
13    pounds;
14        (2) no rear tandem axle of the tow truck exceeds 50,000
15    pounds;
16        (2.1) no triple rear axle on a manufactured recovery
17    unit exceeds 60,000 pounds;
18        (3) neither the disabled vehicle nor the disabled
19    combination of vehicles exceed the weight restrictions
20    imposed by this Chapter 15, or the weight limits imposed
21    under a permit issued by the Department prior to hookup;
22        (4) the tow truck prior to hookup does not exceed the
23    weight restrictions imposed by this Chapter 15;
24        (5) during the tow operation the tow truck does not
25    violate any weight restriction sign;
26        (6) the tow truck is equipped with flashing, rotating,

 

 

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1    or oscillating amber lights, visible for at least 500 feet
2    in all directions;
3        (7) the tow truck is specifically designed and licensed
4    as a tow truck;
5        (8) the tow truck has a gross vehicle weight rating of
6    sufficient capacity to safely handle the load;
7        (9) the tow truck is equipped with air brakes;
8        (10) the tow truck is capable of utilizing the lighting
9    and braking systems of the disabled vehicle or combination
10    of vehicles;
11        (11) the tow commences at the initial point of wreck or
12    disablement and terminates at a point where the repairs are
13    actually to occur;
14        (12) the permit issued to the tow truck is carried in
15    the tow truck and exhibited on demand by a police officer;
16    and
17        (13) the movement shall be valid only on State routes
18    approved by the Department.
19    (o) (Blank).
20    (p) In determining whether a load may be reasonably
21dismantled or disassembled for the purpose of subsection (a),
22the Department shall consider whether there is a significant
23negative impact on the condition of the pavement and structures
24along the proposed route, whether the load or vehicle as
25proposed causes a safety hazard to the traveling public,
26whether dismantling or disassembling the load promotes or

 

 

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1stifles economic development, and whether the proposed route
2travels less than 5 miles. A load is not required to be
3dismantled or disassembled for the purposes of subsection (a)
4if the Secretary of the Department determines there will be no
5significant negative impact to pavement or structures along the
6proposed route, the proposed load or vehicle causes no safety
7hazard to the traveling public, dismantling or disassembling
8the load does not promote economic development, and the
9proposed route travels less than 5 miles. The Department may
10promulgate rules for the purpose of establishing the
11divisibility of a load pursuant to subsection (a). Any load
12determined by the Secretary to be nondivisible shall otherwise
13comply with the existing size or weight maximums specified in
14this Chapter.
15(Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19;
16100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff.
171-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20.)
 
18    Section 99. Effective date. This Act takes effect January
191, 2025.