97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5924

 

Introduced 2/16/2012, by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-316  from Ch. 95 1/2, par. 15-316

    Amends the Illinois Vehicle Code. Limits the concurrent exercise of home rule powers with respect to penalties for exceeding vehicle weight limits.


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HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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 changing
5Section 15-316 as follows:
 
6    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
7    Sec. 15-316. When the Department or local authority may
8restrict right to use highways.
9    (a) Except as provided in subsection (g), local authorities
10with respect to highways under their jurisdiction may by
11ordinance or resolution prohibit the operation of vehicles upon
12any such highway or impose restrictions as to the weight of
13vehicles to be operated upon any such highway, for a total
14period of not to exceed 90 days in any one calendar year,
15whenever any said highway by reason of deterioration, rain,
16snow, or other climate conditions will be seriously damaged or
17destroyed unless the use of vehicles thereon is prohibited or
18the permissible weights thereof reduced.
19    (b) The local authority enacting any such ordinance or
20resolution shall erect or cause to be erected and maintained
21signs designating the provision of the ordinance or resolution
22at each end of that portion of any highway affected thereby,
23and the ordinance or resolution shall not be effective unless

 

 

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1and until such signs are erected and maintained.
2    (c) Local authorities with respect to highways under their
3jurisdiction may also, by ordinance or resolution, prohibit the
4operation of trucks or other commercial vehicles, or may impose
5limitations as the weight thereof, on designated highways,
6which prohibitions and limitations shall be designated by
7appropriate signs placed on such highways.
8    (c-1) (Blank).
9    (d) The Department shall likewise have authority as
10hereinbefore granted to local authorities to determine by
11resolution and to impose restrictions as to the weight of
12vehicles operated upon any highway under the jurisdiction of
13said department, and such restrictions shall be effective when
14signs giving notice thereof are erected upon the highway or
15portion of any highway affected by such resolution.
16    (d-1) (Blank).
17    (d-2) (Blank).
18    (e) When any vehicle is operated in violation of this
19Section, the owner or driver of the vehicle shall be deemed
20guilty of a violation and either the owner or the driver of the
21vehicle may be prosecuted for the violation. Any person, firm,
22or corporation convicted of violating this Section shall be
23fined $50 for any weight exceeding the posted limit up to the
24axle or gross weight limit allowed a vehicle as provided for in
25subsections (a) or (b) of Section 15-111 and $75 per every 500
26pounds or fraction thereof for any weight exceeding that which

 

 

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1is provided for in subsections (a) or (b) of Section 15-111.
2    (f) A municipality is authorized to enforce a county weight
3limit ordinance applying to county highways within its
4corporate limits and is entitled to the proceeds of any fines
5collected from the enforcement. A municipality may not adopt an
6ordinance that provides for penalties greater than the
7penalties listed in Section 15-113 of this Code. This
8subsection is a limitation under subsection (i) of Section 6 of
9Article VII of the Illinois Constitution on the concurrent
10exercise by home rule units of powers and functions exercised
11by the State.
12    (g) An ordinance or resolution enacted by a county or
13township pursuant to subsection (a) of this Section shall not
14apply to cargo tank vehicles with two or three permanent axles
15when delivering propane for emergency heating purposes if the
16cargo tank is loaded at no more than 50 percent capacity, the
17gross vehicle weight of the vehicle does not exceed 32,000
18pounds, and the driver of the cargo tank vehicle notifies the
19appropriate agency or agencies with jurisdiction over the
20highway before driving the vehicle on the highway pursuant to
21this subsection. The cargo tank vehicle must have an operating
22gauge on the cargo tank which indicates the amount of propane
23as a percent of capacity of the cargo tank. The cargo tank must
24have the capacity displayed on the cargo tank, or documentation
25of the capacity of the cargo tank must be available in the
26vehicle. For the purposes of this subsection, propane weighs

 

 

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14.2 pounds per gallon. This subsection does not apply to
2municipalities. Nothing in this subsection shall allow cargo
3tank vehicles to cross bridges with posted weight restrictions
4if the vehicle exceeds the posted weight limit.
5(Source: P.A. 96-1337, eff. 1-1-11.)