State of Illinois
2021 and 2022


Introduced 2/17/2021, by Rep. Jim Durkin


625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning permits for excess size and weight.

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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
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 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 Code
15or otherwise not in conformity with this Code upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or
19printed form may only be accepted from and issued to the
20company or individual making the movement. Except for an
21application to move directly across a highway, it shall be the
22duty of the applicant to establish in the application that the
23load to be moved by such vehicle or combination cannot



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1reasonably be dismantled or disassembled, the reasonableness
2of which shall be determined by the Secretary of the
3Department. For the purpose of over length movements, more
4than one object may be carried side by side as long as the
5height, width, and weight laws are not exceeded and the cause
6for the over length is not due to multiple objects. For the
7purpose of over height movements, more than one object may be
8carried as long as the cause for the over height is not due to
9multiple objects and the length, width, and weight laws are
10not exceeded. For the purpose of an over width movement, more
11than one object may be carried as long as the cause for the
12over width is not due to multiple objects and length, height,
13and weight laws are not exceeded. Except for transporting
14fluid milk products, no State or local agency shall authorize
15the issuance of excess size or weight permits for vehicles and
16loads that are divisible and that can be carried, when
17divided, within the existing size or weight maximums specified
18in this Chapter. Any excess size or weight permit issued in
19violation of the provisions of this Section shall be void at
20issue and any movement made thereunder shall not be authorized
21under the terms of the void permit. In any prosecution for a
22violation of this Chapter when the authorization of an excess
23size or weight permit is at issue, it is the burden of the
24defendant to establish that the permit was valid because the
25load to be moved could not reasonably be dismantled or
26disassembled, or was otherwise nondivisible.



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1    (a-1) As used in this Section, "extreme heavy duty tow and
2recovery vehicle" means a tow truck manufactured as a unit
3having a lifting capacity of not less than 50 tons, and having
4either 4 axles and an unladen weight of not more than 80,000
5pounds or 5 axles and an unladen weight not more than 90,000
6pounds. Notwithstanding otherwise applicable gross and axle
7weight limits, an extreme heavy duty tow and recovery vehicle
8may lawfully travel to and from the scene of a disablement and
9clear a disabled vehicle if the towing service has obtained an
10extreme heavy duty tow and recovery permit for the vehicle.
11The form and content of the permit shall be determined by the
12Department with respect to highways under its jurisdiction and
13by local authorities with respect to highways under their
15    (b) The application for any such permit shall: (1) state
16whether such permit is requested for a single trip or for
17limited continuous operation; (2) state if the applicant is an
18authorized carrier under the Illinois Motor Carrier of
19Property Law, if so, his certificate, registration, or permit
20number issued by the Illinois Commerce Commission; (3)
21specifically describe and identify the vehicle or vehicles and
22load to be operated or moved; (4) state the routing requested,
23including the points of origin and destination, and may
24identify and include a request for routing to the nearest
25certified scale in accordance with the Department's rules and
26regulations, provided the applicant has approval to travel on



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1local roads; and (5) state if the vehicles or loads are being
2transported for hire. No permits for the movement of a vehicle
3or load for hire shall be issued to any applicant who is
4required under the Illinois Motor Carrier of Property Law to
5have a certificate, registration, or permit and does not have
6such certificate, registration, or permit.
7    (c) The Department or local authority when not
8inconsistent with traffic safety is authorized to issue or
9withhold such permit at its discretion; or, if such permit is
10issued at its discretion to prescribe the route or routes to be
11traveled, to limit the number of trips, to establish seasonal
12or other time limitations within which the vehicles described
13may be operated on the highways indicated, or otherwise to
14limit or prescribe conditions of operations of such vehicle or
15vehicles, when necessary to assure against undue damage to the
16road foundations, surfaces or structures, and may require such
17undertaking or other security as may be deemed necessary to
18compensate for any injury to any roadway or road structure.
19The Department shall maintain a daily record of each permit
20issued along with the fee and the stipulated dimensions,
21weights, conditions, and restrictions authorized and this
22record shall be presumed correct in any case of questions or
23dispute. The Department shall install an automatic device for
24recording applications received and permits issued by
25telephone. In making application by telephone, the Department
26and applicant waive all objections to the recording of the



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2    (d) The Department shall, upon application in writing from
3any local authority, issue an annual permit authorizing the
4local authority to move oversize highway construction,
5transportation, utility, and maintenance equipment over roads
6under the jurisdiction of the Department. The permit shall be
7applicable only to equipment and vehicles owned by or
8registered in the name of the local authority, and no fee shall
9be charged for the issuance of such permits.
10    (e) As an exception to subsection (a) of this Section, the
11Department and local authorities, with respect to highways
12under their respective jurisdictions, in their discretion and
13upon application in writing, may issue a special permit for
14limited continuous operation, authorizing the applicant to
15move loads of agricultural commodities on a 2-axle single
16vehicle registered by the Secretary of State with axle loads
17not to exceed 35%, on a 3-axle or 4-axle vehicle registered by
18the Secretary of State with axle loads not to exceed 20%, and
19on a 5-axle vehicle registered by the Secretary of State not to
20exceed 10% above those provided in Section 15-111. The total
21gross weight of the vehicle, however, may not exceed the
22maximum gross weight of the registration class of the vehicle
23allowed under Section 3-815 or 3-818 of this Code.
24    As used in this Section, "agricultural commodities" means:
25        (1) cultivated plants or agricultural produce grown,
26    including, but not limited to, corn, soybeans, wheat,



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1    oats, grain sorghum, canola, and rice;
2        (2) livestock, including, but not limited to, hogs,
3    equine, sheep, and poultry;
4        (3) ensilage; and
5        (4) fruits and vegetables.
6    Permits may be issued for a period not to exceed 40 days
7and moves may be made of a distance not to exceed 50 miles from
8a field, an on-farm grain storage facility, a warehouse as
9defined in the Grain Code, or a livestock management facility
10as defined in the Livestock Management Facilities Act over any
11highway except the National System of Interstate and Defense
12Highways. The operator of the vehicle, however, must abide by
13posted bridge and posted highway weight limits. All implements
14of husbandry operating under this Section between sunset and
15sunrise shall be equipped as prescribed in Section 12-205.1.
16    (e-1) A special permit shall be issued by the Department
17under this Section and shall be required from September 1
18through December 31 for a vehicle that exceeds the maximum
19axle weight and gross weight limits under Section 15-111 of
20this Code or exceeds the vehicle's registered gross weight,
21provided that the vehicle's axle weight and gross weight do
22not exceed 10% above the maximum limits under Section 15-111
23of this Code and does not exceed the vehicle's registered
24gross weight by 10%. All other restrictions that apply to
25permits issued under this Section shall apply during the
26declared time period and no fee shall be charged for the



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1issuance of those permits. Permits issued by the Department
2under this subsection (e-1) are only valid on federal and
3State highways under the jurisdiction of the Department,
4except interstate highways. With respect to highways under the
5jurisdiction of local authorities, the local authorities may,
6at their discretion, waive special permit requirements and set
7a divisible load weight limit not to exceed 10% above a
8vehicle's registered gross weight, provided that the vehicle's
9axle weight and gross weight do not exceed 10% above the
10maximum limits specified in Section 15-111. Permits issued
11under this subsection (e-1) shall apply to all registered
12vehicles eligible to obtain permits under this Section,
13including vehicles used in private or for-hire movement of
14divisible load agricultural commodities during the declared
15time period.
16    (f) The form and content of the permit shall be determined
17by the Department with respect to highways under its
18jurisdiction and by local authorities with respect to highways
19under their jurisdiction. Every permit shall be in written
20form and carried in the vehicle or combination of vehicles to
21which it refers and shall be open to inspection by any police
22officer or authorized agent of any authority granting the
23permit and no person shall violate any of the terms or
24conditions of such special permit. Violation of the terms and
25conditions of the permit shall not be deemed a revocation of
26the permit; however, any vehicle and load found to be off the



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1route prescribed in the permit shall be held to be operating
2without a permit. Any off-route vehicle and load shall be
3required to obtain a new permit or permits, as necessary, to
4authorize the movement back onto the original permit routing.
5No rule or regulation, nor anything herein, shall be construed
6to authorize any police officer, court, or authorized agent of
7any authority granting the permit to remove the permit from
8the possession of the permittee unless the permittee is
9charged with a fraudulent permit violation as provided in
10subsection (i). However, upon arrest for an offense of
11violation of permit, operating without a permit when the
12vehicle is off route, or any size or weight offense under this
13Chapter when the permittee plans to raise the issuance of the
14permit as a defense, the permittee, or his agent, must produce
15the permit at any court hearing concerning the alleged
17    If the permit designates and includes a routing to a
18certified scale, the permittee, while en route to the
19designated scale, shall be deemed in compliance with the
20weight provisions of the permit provided the axle or gross
21weights do not exceed any of the permitted limits by more than
22the following amounts:
23        Single axle               2000 pounds
24        Tandem axle               3000 pounds
25        Gross                     5000 pounds
26    (g) The Department is authorized to adopt, amend, and make



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1available to interested persons a policy concerning reasonable
2rules, limitations and conditions or provisions of operation
3upon highways under its jurisdiction in addition to those
4contained in this Section for the movement by special permit
5of vehicles, combinations, or loads which cannot reasonably be
6dismantled or disassembled, including manufactured and modular
7home sections and portions thereof. All rules, limitations and
8conditions or provisions adopted in the policy shall have due
9regard for the safety of the traveling public and the
10protection of the highway system and shall have been
11promulgated in conformity with the provisions of the Illinois
12Administrative Procedure Act. The requirements of the policy
13for flagmen and escort vehicles shall be the same for all moves
14of comparable size and weight. When escort vehicles are
15required, they shall meet the following requirements:
16        (1) All operators shall be 18 years of age or over and
17    properly licensed to operate the vehicle.
18        (2) Vehicles escorting oversized loads more than 12
19    feet wide must be equipped with a rotating or flashing
20    amber light mounted on top as specified under Section
21    12-215.
22    The Department shall establish reasonable rules and
23regulations regarding liability insurance or self insurance
24for vehicles with oversized loads promulgated under the
25Illinois Administrative Procedure Act. Police vehicles may be
26required for escort under circumstances as required by rules



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1and regulations of the Department.
2    (h) Violation of any rule, limitation or condition or
3provision of any permit issued in accordance with the
4provisions of this Section shall not render the entire permit
5null and void but the violator shall be deemed guilty of
6violation of permit and guilty of exceeding any size, weight,
7or load limitations in excess of those authorized by the
8permit. The prescribed route or routes on the permit are not
9mere rules, limitations, conditions, or provisions of the
10permit, but are also the sole extent of the authorization
11granted by the permit. If a vehicle and load are found to be
12off the route or routes prescribed by any permit authorizing
13movement, the vehicle and load are operating without a permit.
14Any off-route movement shall be subject to the size and weight
15maximums, under the applicable provisions of this Chapter, as
16determined by the type or class highway upon which the vehicle
17and load are being operated.
18    (i) Whenever any vehicle is operated or movement made
19under a fraudulent permit, the permit shall be void, and the
20person, firm, or corporation to whom such permit was granted,
21the driver of such vehicle in addition to the person who issued
22such permit and any accessory, shall be guilty of fraud and
23either one or all persons may be prosecuted for such
24violation. Any person, firm, or corporation committing such
25violation shall be guilty of a Class 4 felony and the
26Department shall not issue permits to the person, firm, or



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



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



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



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1    lighting and braking systems of the disabled vehicle or
2    combination of vehicles;
3        (11) the tow commences at the initial point of wreck
4    or disablement and terminates at a point where the repairs
5    are actually to occur;
6        (12) the permit issued to the tow truck is carried in
7    the tow truck and exhibited on demand by a police officer;
8    and
9        (13) the movement shall be valid only on State routes
10    approved by the Department.
11    (o) (Blank).
12    (p) In determining whether a load may be reasonably
13dismantled or disassembled for the purpose of subsection (a),
14the Department shall consider whether there is a significant
15negative impact on the condition of the pavement and
16structures along the proposed route, whether the load or
17vehicle as proposed causes a safety hazard to the traveling
18public, whether dismantling or disassembling the load promotes
19or stifles economic development, and whether the proposed
20route travels less than 5 miles. A load is not required to be
21dismantled or disassembled for the purposes of subsection (a)
22if the Secretary of the Department determines there will be no
23significant negative impact to pavement or structures along
24the proposed route, the proposed load or vehicle causes no
25safety hazard to the traveling public, dismantling or
26disassembling the load does not promote economic development,



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1and the proposed route travels less than 5 miles. The
2Department may promulgate rules for the purpose of
3establishing the divisibility of a load pursuant to subsection
4(a). Any load determined by the Secretary to be nondivisible
5shall otherwise comply with the existing size or weight
6maximums specified in this Chapter.
7(Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19;
8100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff.
91-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20.)