SB1644 EngrossedLRB097 09216 HEP 49351 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 1-190.05, 3-401, 3-815, 3-818, 12-202, 15-111,
615-112, 15-113, 15-301, and 15-307 and by adding Section
71-105.4 as follows:
 
8    (625 ILCS 5/1-105.4 new)
9    Sec. 1-105.4. Auxiliary power unit, or APU. Small engines
10used on commercial trucks to provide power for auxiliary loads,
11such as heating, air conditioning, and lighting in sleeper
12berths, which allows the operator to shut off the main engine
13while resting. Auxiliary power units may also be referred to as
14idle reduction units.
 
15    (625 ILCS 5/1-190.05)
16    Sec. 1-190.05. Special hauling vehicle. A vehicle or
17combination of vehicles transporting asphalt or concrete in the
18plastic state or a vehicle or combination of vehicles that is
19subject to the weight limitations in subsection subsections (a)
20and (b) of Section 15-111 for which the owner of the vehicle or
21combination of vehicles has elected to pay, in addition to the
22registration fees stated in subsection (a) or (c) of Section

 

 

SB1644 Engrossed- 2 -LRB097 09216 HEP 49351 b

13-815 or Section 3-818, $100 to the Secretary of State for each
2registration year.
3(Source: P.A. 90-89, eff. 1-1-98.)
 
4    (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
5    Sec. 3-401. Effect of provisions.
6    (a) It shall be unlawful for any person to violate any
7provision of this Chapter or to drive or move or for an owner
8knowingly to permit to be driven or moved upon any highway any
9vehicle of a type required to be registered hereunder which is
10not registered or for which the appropriate fee has not been
11paid when and as required hereunder, except that when
12application accompanied by proper fee has been made for
13registration of a vehicle it may be operated temporarily
14pending complete registration upon displaying a duplicate
15application duly verified or other evidence of such application
16or otherwise under rules and regulations promulgated by the
17Secretary of State.
18    (b) The appropriate fees required to be paid under the
19various provisions of this Act for registration of vehicles
20shall mean the fee or fees which would have been paid
21initially, if proper and timely application had been made to
22the Secretary of State for the appropriate registration
23required, whether such registration be a flat weight
24registration, a single trip permit, a reciprocity permit or a
25supplemental application to an original prorate application

 

 

SB1644 Engrossed- 3 -LRB097 09216 HEP 49351 b

1together with payment of fees due under the supplemental
2application for prorate decals.
3    (c) Effective October 1, 1984, no vehicle required to pay a
4Federal Highway Users Tax shall be registered unless proof of
5payment, in a form prescribed and approved by the Secretary of
6State, is submitted with the appropriate registration.
7Notwithstanding any other provision of this Code, failure of
8the applicant to comply with this paragraph shall be deemed
9grounds for the Secretary to refuse registration.
10    (c-1) A vehicle may not be registered by the Secretary of
11State unless that vehicle:
12        (1) was originally manufactured for operation on
13    highways;
14        (2) is a modification of a vehicle that was originally
15    manufactured for operation on highways; or
16        (3) was assembled from component parts designed for use
17    in vehicles to be operated on highways.
18    (d) Second division vehicles.
19        (1) A vehicle of the second division moved or operated
20    within this State shall have had paid for it the
21    appropriate registration fees and flat weight tax, as
22    evidenced by the Illinois registration issued for that
23    vehicle, for the gross weight of the vehicle and load being
24    operated or moved within this State. Second division
25    vehicles of foreign jurisdictions operated within this
26    State under a single trip permit, fleet reciprocity plan,

 

 

SB1644 Engrossed- 4 -LRB097 09216 HEP 49351 b

1    prorate registration plan, or apportional registration
2    plan, instead of second division vehicle registration
3    under Article VIII of this Chapter, must have had paid for
4    it the appropriate registration fees and flat weight tax in
5    the base jurisdiction of that vehicle, as evidenced by the
6    maximum gross weight shown on the foreign registration
7    cards, plus any appropriate fees required under this Code.
8        (2) If a vehicle and load are operated in this State
9    and the appropriate fees and taxes have not been paid or
10    the vehicle and load exceed the registered gross weight for
11    which the required fees and taxes have been paid by 2001
12    pounds or more, the operator or owner shall be fined as
13    provided in Section 15-113 of this Code. However, an owner
14    or operator shall not be subject to arrest under this
15    subsection for any weight in excess of 80,000 pounds.
16    Further, for any unregistered vehicle or vehicle
17    displaying expired registration, no fine shall exceed the
18    actual cost of what the appropriate registration for that
19    vehicle and load should have been as established in
20    subsection (a) of Section 3-815 of this Chapter regardless
21    of the route traveled. For purposes of this paragraph (2),
22    "appropriate registration" means the full annual cost of
23    the required registration and its associated fees.
24        (3) Any person operating a legal combination of
25    vehicles displaying valid registration shall not be
26    considered in violation of the registration provision of

 

 

SB1644 Engrossed- 5 -LRB097 09216 HEP 49351 b

1    this subsection unless the total gross weight of the
2    combination exceeds the total licensed weight of the
3    vehicles in the combination. The gross weight of a vehicle
4    exempt from the registration requirements of this Chapter
5    shall not be included when determining the total gross
6    weight of vehicles in combination.
7        (4) If the defendant claims that he or she had
8    previously paid the appropriate Illinois registration fees
9    and taxes for this vehicle before the alleged violation,
10    the defendant shall have the burden of proving the
11    existence of the payment by competent evidence. Proof of
12    proper Illinois registration issued by the Secretary of
13    State, or the appropriate registration authority from the
14    foreign state, shall be the only competent evidence of
15    payment.
16(Source: P.A. 94-239, eff. 1-1-06.)
 
17    (625 ILCS 5/3-815)  (from Ch. 95 1/2, par. 3-815)
18    Sec. 3-815. Flat weight tax; vehicles of the second
19division.
20    (a) Except as provided in Section 3-806.3, every owner of a
21vehicle of the second division registered under Section 3-813,
22and not registered under the mileage weight tax under Section
233-818, shall pay to the Secretary of State, for each
24registration year, for the use of the public highways, a flat
25weight tax at the rates set forth in the following table, the

 

 

SB1644 Engrossed- 6 -LRB097 09216 HEP 49351 b

1rates including the $10 registration fee:
2
SCHEDULE OF FLAT WEIGHT TAX
3
REQUIRED BY LAW
4Gross Weight in Lbs.Total Fees
5Including Vehicle each Fiscal
6and Maximum year
7LoadClass
88,000 lbs. and lessB$98
98,001 lbs. to 12,000 lbs.D138
1012,001 lbs. to 16,000 lbs.F242
1116,001 lbs. to 26,000 lbs.H490
1226,001 lbs. to 28,000 lbs.J630
1328,001 lbs. to 32,000 lbs.K842
1432,001 lbs. to 36,000 lbs.L982
1536,001 lbs. to 40,000 lbs.N1,202
1640,001 lbs. to 45,000 lbs.P1,390
1745,001 lbs. to 50,000 lbs.Q1,538
1850,001 lbs. to 54,999 lbs.R1,698
1955,000 lbs. to 59,500 lbs.S1,830
2059,501 lbs. to 64,000 lbs.T1,970
2164,001 lbs. to 73,280 lbs.V2,294
2273,281 lbs. to 77,000 lbs.X2,622
2377,001 lbs. to 80,000 lbs.Z2,790
24    Beginning with the 2010 registration year a $1 surcharge
25shall be collected for vehicles registered in the 8,000 lbs.
26and less flat weight plate category above to be deposited into

 

 

SB1644 Engrossed- 7 -LRB097 09216 HEP 49351 b

1the State Police Vehicle Fund.
2    All of the proceeds of the additional fees imposed by this
3amendatory Act of the 96th General Assembly shall be deposited
4into the Capital Projects Fund.
5    (a-1) A Special Hauling Vehicle is a vehicle or combination
6of vehicles of the second division registered under Section
73-813 transporting asphalt or concrete in the plastic state or
8a vehicle or combination of vehicles that are subject to the
9gross weight limitations in subsection (a) (b) of Section
1015-111 for which the owner of the vehicle or combination of
11vehicles has elected to pay, in addition to the registration
12fee in subsection (a), $125 to the Secretary of State for each
13registration year. The Secretary shall designate this class of
14vehicle as a Special Hauling Vehicle.
15    (b) Except as provided in Section 3-806.3, every camping
16trailer, motor home, mini motor home, travel trailer, truck
17camper or van camper used primarily for recreational purposes,
18and not used commercially, nor for hire, nor owned by a
19commercial business, may be registered for each registration
20year upon the filing of a proper application and the payment of
21a registration fee and highway use tax, according to the
22following table of fees:
23
MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
24Gross Weight in Lbs.Total Fees
25Including Vehicle andEach
26Maximum LoadCalendar Year

 

 

SB1644 Engrossed- 8 -LRB097 09216 HEP 49351 b

18,000 lbs and less$78
28,001 Lbs. to 10,000 Lbs90
310,001 Lbs. and Over102
4
CAMPING TRAILER OR TRAVEL TRAILER
5Gross Weight in Lbs.Total Fees
6Including Vehicle andEach
7Maximum LoadCalendar Year
83,000 Lbs. and Less$18
93,001 Lbs. to 8,000 Lbs.30
108,001 Lbs. to 10,000 Lbs.38
1110,001 Lbs. and Over50
12    Every house trailer must be registered under Section 3-819.
13    (c) Farm Truck. Any truck used exclusively for the owner's
14own agricultural, horticultural or livestock raising
15operations and not-for-hire only, or any truck used only in the
16transportation for-hire of seasonal, fresh, perishable fruit
17or vegetables from farm to the point of first processing, may
18be registered by the owner under this paragraph in lieu of
19registration under paragraph (a), upon filing of a proper
20application and the payment of the $10 registration fee and the
21highway use tax herein specified as follows:
22
SCHEDULE OF FEES AND TAXES
23Gross Weight in Lbs.Total Amount for
24Including Truck andeach
25Maximum LoadClassFiscal Year
2616,000 lbs. or lessVF$150

 

 

SB1644 Engrossed- 9 -LRB097 09216 HEP 49351 b

116,001 to 20,000 lbs.VG226
220,001 to 24,000 lbs.VH290
324,001 to 28,000 lbs.VJ378
428,001 to 32,000 lbs.VK506
532,001 to 36,000 lbs.VL610
636,001 to 45,000 lbs.VP810
745,001 to 54,999 lbs.VR1,026
855,000 to 64,000 lbs.VT1,202
964,001 to 73,280 lbs.VV1,290
1073,281 to 77,000 lbs.VX1,350
1177,001 to 80,000 lbs.VZ1,490
12    In the event the Secretary of State revokes a farm truck
13registration as authorized by law, the owner shall pay the flat
14weight tax due hereunder before operating such truck.
15    Any combination of vehicles having 5 axles, with a distance
16of 42 feet or less between extreme axles, that are subject to
17the weight limitations in subsection (a) and (b) of Section
1815-111 for which the owner of the combination of vehicles has
19elected to pay, in addition to the registration fee in
20subsection (c), $125 to the Secretary of State for each
21registration year shall be designated by the Secretary as a
22Special Hauling Vehicle.
23    (d) The number of axles necessary to carry the maximum load
24provided shall be determined from Chapter 15 of this Code.
25    (e) An owner may only apply for and receive 5 farm truck
26registrations, and only 2 of those 5 vehicles shall exceed

 

 

SB1644 Engrossed- 10 -LRB097 09216 HEP 49351 b

159,500 gross weight in pounds per vehicle.
2    (f) Every person convicted of violating this Section by
3failure to pay the appropriate flat weight tax to the Secretary
4of State as set forth in the above tables shall be punished as
5provided for in Section 3-401.
6(Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09.)
 
7    (625 ILCS 5/3-818)  (from Ch. 95 1/2, par. 3-818)
8    Sec. 3-818. (a) Mileage weight tax option. Any owner of a
9vehicle of the second division may elect to pay a mileage
10weight tax for such vehicle in lieu of the flat weight tax set
11out in Section 3-815. Such election shall be binding to the end
12of the registration year. Renewal of this election must be
13filed with the Secretary of State on or before July 1 of each
14registration period. In such event the owner shall, at the time
15of making such election, pay the $10 registration fee and the
16minimum guaranteed mileage weight tax, as hereinafter
17provided, which payment shall permit the owner to operate that
18vehicle the maximum mileage in this State hereinafter set
19forth. Any vehicle being operated on mileage plates cannot be
20operated outside of this State. In addition thereto, the owner
21of that vehicle shall pay a mileage weight tax at the following
22rates for each mile traveled in this State in excess of the
23maximum mileage provided under the minimum guaranteed basis:
24
BUS, TRUCK OR TRUCK TRACTOR
25MaximumMileage

 

 

SB1644 Engrossed- 11 -LRB097 09216 HEP 49351 b

1MinimumMileageWeight Tax
2GuaranteedPermittedfor Mileage
3Gross WeightMileageUnderin excess of
4Vehicle andWeightGuaranteedGuaranteed
5LoadClassTaxTaxMileage
612,000 lbs. or lessMD$735,00026 Mills
712,001 to 16,000 lbs.MF1206,00034 Mills
816,001 to 20,000 lbs.MG1806,00046 Mills
920,001 to 24,000 lbs.MH2356,00063 Mills
1024,001 to 28,000 lbs.MJ3157,00063 Mills
1128,001 to 32,000 lbs.MK3857,00083 Mills
1232,001 to 36,000 lbs.ML4857,00099 Mills
1336,001 to 40,000 lbs.MN6157,000128 Mills
1440,001 to 45,000 lbs.MP6957,000139 Mills
1545,001 to 54,999 lbs.MR8537,000156 Mills
1655,000 to 59,500 lbs.MS9207,000178 Mills
1759,501 to 64,000 lbs.MT9857,000195 Mills
1864,001 to 73,280 lbs.MV1,1737,000225 Mills
1973,281 to 77,000 lbs.MX1,3287,000258 Mills
2077,001 to 80,000 lbs.MZ1,4157,000275 Mills
21
TRAILER
22MaximumMileage
23MinimumMileageWeight Tax
24GuaranteedPermittedfor Mileage
25Gross WeightMileageUnderin excess of
26Vehicle andWeightGuaranteedGuaranteed

 

 

SB1644 Engrossed- 12 -LRB097 09216 HEP 49351 b

1LoadClassTaxTaxMileage
214,000 lbs. or lessME$755,00031 Mills
314,001 to 20,000 lbs.MF1356,00036 Mills
420,001 to 36,000 lbs.ML5407,000103 Mills
536,001 to 40,000 lbs.MM7507,000150 Mills
6    (a-1) A Special Hauling Vehicle is a vehicle or combination
7of vehicles of the second division registered under Section
83-813 transporting asphalt or concrete in the plastic state or
9a vehicle or combination of vehicles that are subject to the
10gross weight limitations in subsection (a) (b) of Section
1115-111 for which the owner of the vehicle or combination of
12vehicles has elected to pay, in addition to the registration
13fee in subsection (a), $125 to the Secretary of State for each
14registration year. The Secretary shall designate this class of
15vehicle as a Special Hauling Vehicle.
16    In preparing rate schedules on registration applications,
17the Secretary of State shall add to the above rates, the $10
18registration fee. The Secretary may decline to accept any
19renewal filed after July 1st.
20    The number of axles necessary to carry the maximum load
21provided shall be determined from Chapter 15 of this Code.
22    Every owner of a second division motor vehicle for which he
23has elected to pay a mileage weight tax shall keep a daily
24record upon forms prescribed by the Secretary of State, showing
25the mileage covered by that vehicle in this State. Such record
26shall contain the license number of the vehicle and the miles

 

 

SB1644 Engrossed- 13 -LRB097 09216 HEP 49351 b

1traveled by the vehicle in this State for each day of the
2calendar month. Such owner shall also maintain records of fuel
3consumed by each such motor vehicle and fuel purchases
4therefor. On or before the 10th day of July the owner shall
5certify to the Secretary of State upon forms prescribed
6therefor, summaries of his daily records which shall show the
7miles traveled by the vehicle in this State during the
8preceding 12 months and such other information as the Secretary
9of State may require. The daily record and fuel records shall
10be filed, preserved and available for audit for a period of 3
11years. Any owner filing a return hereunder shall certify that
12such return is a true, correct and complete return. Any person
13who willfully makes a false return hereunder is guilty of
14perjury and shall be punished in the same manner and to the
15same extent as is provided therefor.
16    At the time of filing his return, each owner shall pay to
17the Secretary of State the proper amount of tax at the rate
18herein imposed.
19    Every owner of a vehicle of the second division who elects
20to pay on a mileage weight tax basis and who operates the
21vehicle within this State, shall file with the Secretary of
22State a bond in the amount of $500. The bond shall be in a form
23approved by the Secretary of State and with a surety company
24approved by the Illinois Department of Insurance to transact
25business in this State as surety, and shall be conditioned upon
26such applicant's paying to the State of Illinois all money

 

 

SB1644 Engrossed- 14 -LRB097 09216 HEP 49351 b

1becoming due by reason of the operation of the second division
2vehicle in this State, together with all penalties and interest
3thereon.
4    Upon notice from the Secretary that the registrant has
5failed to pay the excess mileage fees, the surety shall
6immediately pay the fees together with any penalties and
7interest thereon in an amount not to exceed the limits of the
8bond.
9(Source: P.A. 94-239, eff. 1-1-06.)
 
10    (625 ILCS 5/12-202)  (from Ch. 95 1/2, par. 12-202)
11    Sec. 12-202. Clearance, identification and side marker
12lamps.
13    (a) Second division vehicles with a GVWR over 10,000 pounds
14Every motor vehicle of the second division, the length of which
15together with any trailer or trailers in tow thereof, is more
16than 25 feet or the width of which is more than 80 inches
17exclusive of mirrors, bumpers and other required safety
18devices, while being operated on the highways of this State
19during the period from sunset to sunrise, shall display on the
20front of the vehicle 2 yellow or amber lights, one on each
21upper front corner of the vehicle, which shall be plainly
22visible at a distance of at least 500 feet; also on the rear
23thereof in a horizontal line, 3 red lights plainly visible at a
24distance of not less than 500 feet; also on the front of the
25body of that vehicle near the lower left hand corner one yellow

 

 

SB1644 Engrossed- 15 -LRB097 09216 HEP 49351 b

1or amber tinted reflector, and near the lower right hand corner
2one yellow or amber tinted reflector; also red reflectors on
3the rear of the body of that vehicle, not more than 12 inches
4from the lower left and right hand corners. All motor vehicles
5of the second division more than 20 feet long, and all trailers
6and semitrailers, except trailers and semitrailers having a
7gross weight of 3,000 pounds or less including the weight of
8the trailer and maximum load, while being operated on the
9highways of this State during the period from sunset to
10sunrise, shall display on each side of the vehicle at
11approximately the one-third points of the length of the same,
12at a height not exceeding 5 feet above the surface of the road,
13and reflecting on a line approximately at right angles to the
14center line of the vehicle, 2 amber tinted reflectors. After
15January, 1974, all new motor vehicles of the second division
16more than 20 feet long, and all trailers and semitrailers
17except trailers and semitrailers having a gross weight of 3,000
18pounds or less including the weight of the trailer and maximum
19load sold as new in this State, while being operated on the
20highways of this State during period from sunset to sunrise,
21shall display on each side of the vehicle, not more than 12
22inches from the front, one amber tinted reflector, and not more
23than 12 inches from the rear one red reflector at a height not
24exceeding 5 feet above the surface of the road, and reflecting
25on a line approximately at right angles to the center line of
26the vehicle, approved by the Department.

 

 

SB1644 Engrossed- 16 -LRB097 09216 HEP 49351 b

1    (b) Every trailer and semitrailer having a gross weight of
23,000 pounds or less including the weight of the trailer and
3maximum load, towed either by a motor vehicle of the first
4division or a motor vehicle of the second division shall be
5equipped with 2 red reflectors, which will be visible when hit
6by headlight beams 300 feet away at night, on the rear of the
7body of such trailer, not more than 12 inches from the lower
8left hand and lower right hand corners.
9    (c) Every vehicle designated in paragraph (a) or (b) of
10this Section that is manufactured after December 31, 1973,
11shall, at the places and times specified in paragraph (a) or
12(b) of this Section, display reflectors and clearance,
13identification, and side marker lamps in conformance with the
14specifications prescribed by the Department.
15(Source: P.A. 78-1297.)
 
16    (625 ILCS 5/15-111)  (from Ch. 95 1/2, par. 15-111)
17    Sec. 15-111. Wheel and axle loads and gross weights.
18    (a) No On non-designated highways, no vehicle or
19combination of vehicles equipped with pneumatic tires may be
20operated, unladen or with load, when the total weight on
21transmitted to the road surface exceeds the following: 20,000
22pounds on a single axle; or 34,000 pounds on a tandem axle with
23no axle within the tandem exceeding 20,000 pounds; except:
24        (1) when a different limit is established and posted in
25    accordance with Section 15-316 of this Code;

 

 

SB1644 Engrossed- 17 -LRB097 09216 HEP 49351 b

1        (2) vehicles for which the Department of
2    Transportation and local authorities issue overweight
3    permits under authority of Section 15-301 of this Code;
4        (3) tow trucks subject to the conditions provided in
5    subsection (d) may not exceed 24,000 pounds on a single
6    rear axle or 44,000 pounds on a tandem rear axle;
7        (4) any single axle of a 2-axle truck weighing 36,000
8    pounds or less and not a part of a combination of vehicles,
9    shall not exceed 20,000 pounds;
10        (5) any single axle of a 2-axle truck equipped with a
11    personnel lift or digger derrick, weighing 36,000 pounds or
12    less, owned and operated by a public utility, shall not
13    exceed 20,000 pounds;
14        (6) any single axle of a 2-axle truck specially
15    equipped with a front loading compactor used exclusively
16    for garbage, refuse, or recycling may not exceed 20,000
17    pounds per axle, provided that the gross weight of the
18    vehicle does not exceed 40,000 pounds;
19        (7) a truck, not in combination and specially equipped
20    with a selfcompactor or an industrial roll-off hoist and
21    roll-off container, used exclusively for garbage or refuse
22    operations may, when laden, transmit upon the road surface
23    the following maximum weights: 22,000 pounds on a single
24    axle; 40,000 pounds on a tandem axle;
25        (8) a truck, not in combination and used exclusively
26    for the collection of rendering materials, may, when laden,

 

 

SB1644 Engrossed- 18 -LRB097 09216 HEP 49351 b

1    transmit upon the road surface the following maximum
2    weights: 22,000 pounds on a single axle; 40,000 pounds on a
3    tandem axle;
4        (9) tandem axles on a 3-axle truck registered as a
5    Special Hauling Vehicle, manufactured prior to or in the
6    model year of 2014 and first registered in Illinois prior
7    to January 1, 2015, with a distance greater than 72 inches
8    but not more than 96 inches between any series of 2 axles,
9    is allowed a combined weight on the series not to exceed
10    36,000 pounds and neither axle of the series may exceed
11    20,000 pounds. Any vehicle of this type manufactured after
12    the model year of 2014 or first registered in Illinois
13    after December 31, 2014 may not exceed a combined weight of
14    34,000 pounds through the series of 2 axles and neither
15    axle of the series may exceed 20,000 pounds;
16        (10) a 4-axle truck mixer registered as a Special
17    Hauling Vehicle, used exclusively for the mixing and
18    transportation of concrete in the plastic state and
19    manufactured prior to or in the model year of 2014 and
20    first registered in Illinois prior to January 1, 2015, is
21    allowed the following maximum weights: 20,000 pounds on any
22    single axle; 36,000 pounds on any series of 2 axles greater
23    than 72 inches but not more than 96 inches; and 34,000
24    pounds on any series of 2 axles greater than 40 inches but
25    not more than 72 inches;
26        (11) 4-axle vehicles or a 5 or more axle combination of

 

 

SB1644 Engrossed- 19 -LRB097 09216 HEP 49351 b

1    vehicles: The weight transmitted upon the road surface
2    through any series of 3 axles whose centers are more than
3    96 inches apart, measured between extreme axles in the
4    series, may not exceed those allowed in the table contained
5    in subsection (f) of this Section. No axle or tandem axle
6    of the series may exceed the maximum weight permitted under
7    this Section for a single or tandem axle.
8    No vehicle or combination of vehicles equipped with other
9than pneumatic tires may be operated, unladen or with load,
10upon the highways of this State when the gross weight on the
11road surface through any wheel exceeds 800 pounds per inch
12width of tire tread or when the gross weight on the road
13surface through any axle exceeds 16,000 pounds.
14    (b) On non-designated highways, the gross weight of
15vehicles and combination of vehicles including the weight of
16the vehicle or combination and its maximum load shall be
17subject to the federal bridge formula provided in subsection
18(f) of this Section.
 
19VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
 
20
TRUCKS EQUIPPED WITH SELFCOMPACTORS
21
OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE,
22
REFUSE, OR RECYCLING HAULS ONLY AND TRUCKS USED FOR
23
THE COLLECTION OF RENDERING MATERIALS
24
On Highway Not Part of National System

 

 

SB1644 Engrossed- 20 -LRB097 09216 HEP 49351 b

1
of Interstate and Defense Highways
2with 2 axles                                    36,000 pounds
3with 3 axles                                    54,000 pounds
 
4
TWO AXLE TRUCKS EQUIPPED WITH
5
A FRONT LOADING COMPACTOR USED EXCLUSIVELY
6
FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
7with 2 axles                                    40,000 pounds
 
8    A 4-axle truck mixer registered as a Special Hauling
9Vehicle, used exclusively for mixing and transportation of
10concrete in the plastic state, manufactured before or in the
11model year of 2014, and first registered in Illinois before
12January 1, 2015, is allowed a maximum gross weight listed in
13the table of subsection (f) of this Section for 4 axles. This
14vehicle, while loaded with concrete in the plastic state, is
15not subject to the series of 3 axles requirement provided for
16in subdivision (a)(11) of this Section, but no axle or tandem
17axle of the series may exceed the maximum weight permitted
18under subdivision (a)(10) of this Section.
19    (b-1) As used in this Section, a "recycling haul" or
20"recycling operation" means the hauling of segregated,
21non-hazardous, non-special, homogeneous non-putrescible
22materials, such as paper, glass, cans, or plastic, for
23subsequent use in the secondary materials market.
24    (c) Cities having a population of more than 50,000 may

 

 

SB1644 Engrossed- 21 -LRB097 09216 HEP 49351 b

1permit by ordinance axle loads on 2 axle motor vehicles 33 1/2%
2above those provided for herein, but the increase shall not
3become effective until the city has officially notified the
4Department of the passage of the ordinance and shall not apply
5to those vehicles when outside of the limits of the city, nor
6shall the gross weight of any 2 axle motor vehicle operating
7over any street of the city exceed 40,000 pounds.
8    (d) Weight limitations shall not apply to vehicles
9(including loads) operated by a public utility when
10transporting equipment required for emergency repair of public
11utility facilities or properties or water wells.
12    A combination of vehicles, including a tow truck and a
13disabled vehicle or disabled combination of vehicles, that
14exceeds the weight restriction imposed by this Code, may be
15operated on a public highway in this State provided that
16neither the disabled vehicle nor any vehicle being towed nor
17the tow truck itself shall exceed the weight limitations
18permitted under this Chapter. During the towing operation,
19neither the tow truck nor the vehicle combination shall exceed
2024,000 pounds on a single rear axle and 44,000 pounds on a
21tandem rear axle, provided the towing vehicle:
22        (1) is specifically designed as a tow truck having a
23    gross vehicle weight rating of at least 18,000 pounds and
24    is equipped with air brakes, provided that air brakes are
25    required only if the towing vehicle is towing a vehicle,
26    semitrailer, or tractor-trailer combination that is

 

 

SB1644 Engrossed- 22 -LRB097 09216 HEP 49351 b

1    equipped with air brakes;
2        (2) is equipped with flashing, rotating, or
3    oscillating amber lights, visible for at least 500 feet in
4    all directions;
5        (3) is capable of utilizing the lighting and braking
6    systems of the disabled vehicle or combination of vehicles;
7    and
8        (4) does not engage in a tow exceeding 20 miles from
9    the initial point of wreck or disablement. Any additional
10    movement of the vehicles may occur only upon issuance of
11    authorization for that movement under the provisions of
12    Sections 15-301 through 15-319 of this Code. The towing
13    vehicle, however, may tow any disabled vehicle from the
14    initial point of wreck or disablement to a point where
15    repairs are actually to occur. This movement shall be valid
16    only on State routes. The tower must abide by posted bridge
17    weight limits.
18    Gross weight limits shall not apply to the combination of
19the tow truck and vehicles being towed. The tow truck license
20plate must cover the operating empty weight of the tow truck
21only. The weight of each vehicle being towed shall be covered
22by a valid license plate issued to the owner or operator of the
23vehicle being towed and displayed on that vehicle. If no valid
24plate issued to the owner or operator of that vehicle is
25displayed on that vehicle, or the plate displayed on that
26vehicle does not cover the weight of the vehicle, the weight of

 

 

SB1644 Engrossed- 23 -LRB097 09216 HEP 49351 b

1the vehicle shall be covered by the third tow truck plate
2issued to the owner or operator of the tow truck and
3temporarily affixed to the vehicle being towed. If a roll-back
4carrier is registered and being used as a tow truck, however,
5the license plate or plates for the tow truck must cover the
6gross vehicle weight, including any load carried on the bed of
7the roll-back carrier.
8    The Department may by rule or regulation prescribe
9additional requirements. However, nothing in this Code shall
10prohibit a tow truck under instructions of a police officer
11from legally clearing a disabled vehicle, that may be in
12violation of weight limitations of this Chapter, from the
13roadway to the berm or shoulder of the highway. If in the
14opinion of the police officer that location is unsafe, the
15officer is authorized to have the disabled vehicle towed to the
16nearest place of safety.
17    For the purpose of this subsection, gross vehicle weight
18rating, or GVWR, shall mean the value specified by the
19manufacturer as the loaded weight of the tow truck.
20    (e) No vehicle or combination of vehicles equipped with
21pneumatic tires shall be operated, unladen or with load, upon
22the highways of this State in violation of the provisions of
23any permit issued under the provisions of Sections 15-301
24through 15-319 of this Chapter.
25(f) No vehicle or combination of vehicles with pneumatic tires
26may be operated, unladen or with load, when the total weight on

 

 

SB1644 Engrossed- 24 -LRB097 09216 HEP 49351 b

1the road surface exceeds the following: 20,000 pounds on a
2single axle; 34,000 pounds on a tandem axle with no axle within
3the tandem exceeding 20,000 pounds; 80,000 pounds gross weight
4for vehicle combinations of 5 or more axles; or a total weight
5on a group of 2 or more consecutive axles in excess of that
6weight produced by the application of the following formula: W
7= 500 times the sum of (LN divided by N-1) + 12N + 36, where "W"
8equals overall total weight on any group of 2 or more
9consecutive axles to the nearest 500 pounds, "L" equals the
10distance measured to the nearest foot between extremes of any
11group of 2 or more consecutive axles, and "N" equals the number
12of axles in the group under consideration.
13    The above formula when expressed in tabular form results in
14allowable loads as follows:
 
15Distance measured
16to the nearest
17foot between the
18extremes of any         Maximum weight in pounds
19group of 2 or           of any group of
20more consecutive        2 or more consecutive axles
21axles
22feet2 axles3 axles4 axles5 axles6 axles
23434,000
24534,000
25634,000

 

 

SB1644 Engrossed- 25 -LRB097 09216 HEP 49351 b

1734,000
2838,000*42,000
3939,00042,500
41040,00043,500
51144,000
61245,00050,000
71345,50050,500
81446,50051,500
91547,00052,000
101648,00052,50058,000
111748,50053,50058,500
121849,50054,00059,000
131950,00054,50060,000
142051,00055,50060,50066,000
152151,50056,00061,00066,500
162252,50056,50061,50067,000
172353,00057,50062,50068,000
182454,00058,00063,00068,500
192554,50058,50063,50069,000
202655,50059,50064,00069,500
212756,00060,00065,00070,000
222857,00060,50065,50071,000
232957,50061,50066,00071,500
243058,50062,00066,50072,000
253159,00062,50067,50072,500
263260,00063,50068,00073,000

 

 

SB1644 Engrossed- 26 -LRB097 09216 HEP 49351 b

13364,00068,50074,000
23464,50069,00074,500
33565,50070,00075,000
43666,00070,50075,500
53766,50071,00076,000
63867,50072,00077,000
73968,00072,50077,500
84068,50073,00078,000
94169,50073,50078,500
104270,00074,00079,000
114370,50075,00080,000
124471,50075,500
134572,00076,000
144672,50076,500
154773,50077,500
164874,00078,000
174974,50078,500
185075,50079,000
195176,00080,000
205276,500
215377,500
225478,000
235578,500
245679,500
255780,000
26*If the distance between 2 axles is 96 inches or less, the 2

 

 

SB1644 Engrossed- 27 -LRB097 09216 HEP 49351 b

1axles are tandem axles and the maximum total weight may not
2exceed 34,000 pounds, notwithstanding the higher limit
3resulting from the application of the formula.
4    Vehicles not in a combination having more than 4 axles may
5not exceed the weight in the table in this subsection (a) (f)
6for 4 axles measured between the extreme axles of the vehicle.
7    Vehicles in a combination having more than 6 axles may not
8exceed the weight in the table in this subsection (a) (f) for 6
9axles measured between the extreme axles of the combination.
10    Local authorities, with respect to streets and highways
11under their jurisdiction, without additional fees, may also by
12ordinance or resolution allow the weight limitations of this
13subsection, provided the maximum gross weight on any one axle
14shall not exceed 20,000 pounds and the maximum total weight on
15any tandem axle shall not exceed 34,000 pounds, on designated
16highways when appropriate regulatory signs giving notice are
17erected upon the street or highway or portion of any street or
18highway affected by the ordinance or resolution.
19    The following are exceptions to the above formula:
20        (1) Vehicles for which a different limit is established
21    and posted in accordance with Section 15-316 of this Code
22    Two consecutive sets of tandem axles may carry a total
23    weight of 34,000 pounds each if the overall distance
24    between the first and last axles of the consecutive sets of
25    tandem axles is 36 feet or more.
26        (2) Vehicles for which the Department of

 

 

SB1644 Engrossed- 28 -LRB097 09216 HEP 49351 b

1    Transportation and local authorities issue overweight
2    permits under authority of Section 15-301 of this Code.
3    These vehicles are not subject to the bridge formula
4    Vehicles for which a different limit is established and
5    posted in accordance with Section 15-316 of this Code.
6        (3) Cities having a population of more than 50,000 may
7    permit by ordinance axle loads on 2 axle motor vehicles 33
8    1/2% above those provided for herein, but the increase
9    shall not become effective until the city has officially
10    notified the Department of the passage of the ordinance and
11    shall not apply to those vehicles when outside of the
12    limits of the city, nor shall the gross weight of any 2
13    axle motor vehicle operating over any street of the city
14    exceed 40,000 pounds Vehicles for which the Department of
15    Transportation and local authorities issue overweight
16    permits under authority of Section 15-301 of this Code.
17    These vehicles are not subject to the bridge formula.
18        (4) Weight limitations shall not apply to vehicles
19    (including loads) operated by a public utility when
20    transporting equipment required for emergency repair of
21    public utility facilities or properties or water wells Tow
22    trucks subject to the conditions provided in subsection (d)
23    may not exceed 24,000 pounds on a single rear axle or
24    44,000 pounds on a tandem rear axle.
25        (5) Two consecutive sets of tandem axles may carry a
26    total weight of 34,000 pounds each if the overall distance

 

 

SB1644 Engrossed- 29 -LRB097 09216 HEP 49351 b

1    between the first and last axles of the consecutive sets of
2    tandem axles is 36 feet or more, notwithstanding the lower
3    limit resulting from the application of the above formula A
4    tandem axle on a 3-axle truck registered as a Special
5    Hauling Vehicle, manufactured prior to or in the model year
6    of 2014, and registered in Illinois prior to January 1,
7    2015, with a distance between 2 axles in a series greater
8    than 72 inches but not more than 96 inches may not exceed a
9    total weight of 36,000 pounds and neither axle of the
10    series may exceed 20,000 pounds.
11        (6) A truck, not in combination and used exclusively
12    for the collection of rendering materials, may, when laden,
13    transmit upon the road surface, except when on part of the
14    National System of Interstate and Defense Highways, the
15    following maximum weights: 22,000 pounds on a single axle;
16    40,000 pounds on a tandem axle A truck not in combination,
17    equipped with a self compactor or an industrial roll-off
18    hoist and roll-off container, used exclusively for
19    garbage, refuse, or recycling operations, may, when laden,
20    transmit upon the road surface, except when on part of the
21    National System of Interstate and Defense Highways, the
22    following maximum weights: 22,000 pounds on a single axle;
23    40,000 pounds on a tandem axle; 36,000 pounds gross weight
24    on a 2-axle vehicle; 54,000 pounds gross weight on a 3-axle
25    vehicle. This vehicle is not subject to the bridge formula.
26        (7) A truck not in combination, equipped with a self

 

 

SB1644 Engrossed- 30 -LRB097 09216 HEP 49351 b

1    compactor or an industrial roll-off hoist and roll-off
2    container, used exclusively for garbage, refuse, or
3    recycling operations, may, when laden, transmit upon the
4    road surface, except when on part of the National System of
5    Interstate and Defense Highways, the following maximum
6    weights: 22,000 pounds on a single axle; 40,000 pounds on a
7    tandem axle; 40,000 pounds gross weight on a 2-axle
8    vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
9    This vehicle is not subject to the bridge formula
10    Combinations of vehicles, registered as Special Hauling
11    Vehicles that include a semitrailer manufactured prior to
12    or in the model year of 2014, and registered in Illinois
13    prior to January 1, 2015, having 5 axles with a distance of
14    42 feet or less between extreme axles, may not exceed the
15    following maximum weights: 20,000 pounds on a single axle;
16    34,000 pounds on a tandem axle; and 72,000 pounds gross
17    weight. This combination of vehicles is not subject to the
18    bridge formula. For all those combinations of vehicles that
19    include a semitrailer manufactured after the effective
20    date of this amendatory Act of the 92nd General Assembly,
21    the overall distance between the first and last axles of
22    the 2 sets of tandems must be 18 feet 6 inches or more. Any
23    combination of vehicles that has had its cargo container
24    replaced in its entirety after December 31, 2014 may not
25    exceed the weights allowed by the bridge formula.
26        (8) Tandem axles on a 3-axle truck registered as a

 

 

SB1644 Engrossed- 31 -LRB097 09216 HEP 49351 b

1    Special Hauling Vehicle, manufactured prior to or in the
2    model year of 2014 and first registered in Illinois prior
3    to January 1, 2015, with a distance greater than 72 inches
4    but not more than 96 inches between any series of 2 axles,
5    is allowed a combined weight on the series not to exceed
6    36,000 pounds and neither axle of the series may exceed
7    20,000 pounds. Any vehicle of this type manufactured after
8    the model year of 2014 or first registered in Illinois
9    after December 31, 2014 may not exceed a combined weight of
10    34,000 pounds through the series of 2 axles and neither
11    axle of the series may exceed 20,000 pounds A 4-axle truck
12    mixer registered as a Special Hauling Vehicle, used
13    exclusively for the mixing and transportation of concrete
14    in the plastic state, manufactured before or in the model
15    year of 2014, first registered in Illinois before January
16    1, 2015, and not operated on a highway that is part of the
17    National System of Interstate Highways, is allowed the
18    following maximum weights: 20,000 pounds on any single
19    axle; 36,000 pounds on a series of axles greater than 72
20    inches but not more than 96 inches; and 34,000 pounds on
21    any series of 2 axles greater than 40 inches but not more
22    than 72 inches. The gross weight of this vehicle may not
23    exceed the weights allowed by the bridge formula for 4
24    axles. The bridge formula does not apply to any series of 3
25    axles while the vehicle is transporting concrete in the
26    plastic state, but no axle or tandem axle of the series may

 

 

SB1644 Engrossed- 32 -LRB097 09216 HEP 49351 b

1    exceed the maximum weight permitted under this subsection
2    (f).
3        (9) A 4-axle truck mixer registered as a Special
4    Hauling Vehicle, used exclusively for the mixing and
5    transportation of concrete in the plastic state,
6    manufactured before or in the model year of 2014, first
7    registered in Illinois before January 1, 2015, and not
8    operated on a highway that is part of the National System
9    of Interstate Highways, is allowed the following maximum
10    weights: 20,000 pounds on any single axle; 36,000 pounds on
11    a series of axles greater than 72 inches but not more than
12    96 inches; and 34,000 pounds on any series of 2 axles
13    greater than 40 inches but not more than 72 inches. The
14    gross weight of this vehicle may not exceed the weights
15    allowed by the bridge formula for 4 axles. The bridge
16    formula does not apply to any series of 3 axles while the
17    vehicle is transporting concrete in the plastic state, but
18    no axle or tandem axle of the series may exceed the maximum
19    weight permitted under this paragraph (9) of subsection
20    (a).
21        (10) Combinations of vehicles, registered as Special
22    Hauling Vehicles that include a semitrailer manufactured
23    prior to or in the model year of 2014, and registered in
24    Illinois prior to January 1, 2015, having 5 axles with a
25    distance of 42 feet or less between extreme axles, may not
26    exceed the following maximum weights: 20,000 pounds on a

 

 

SB1644 Engrossed- 33 -LRB097 09216 HEP 49351 b

1    single axle; 34,000 pounds on a tandem axle; and 72,000
2    pounds gross weight. This combination of vehicles is not
3    subject to the bridge formula. For all those combinations
4    of vehicles that include a semitrailer manufactured after
5    the effective date of P.A. 92-0417, the overall distance
6    between the first and last axles of the 2 sets of tandems
7    must be 18 feet 6 inches or more. Any combination of
8    vehicles that has had its cargo container replaced in its
9    entirety after December 31, 2014 may not exceed the weights
10    allowed by the bridge formula.
11        (11) The maximum weight allowed on a vehicle with
12    crawler type tracks is 40,000 pounds.
13        (12) A combination of vehicles, including a tow truck
14    and a disabled vehicle or disabled combination of vehicles,
15    that exceeds the weight restriction imposed by this Code,
16    may be operated on a public highway in this State provided
17    that neither the disabled vehicle nor any vehicle being
18    towed nor the tow truck itself shall exceed the weight
19    limitations permitted under this Chapter. During the
20    towing operation, neither the tow truck nor the vehicle
21    combination shall exceed 24,000 pounds on a single rear
22    axle and 44,000 pounds on a tandem rear axle, provided the
23    towing vehicle:
24            (i) is specifically designed as a tow truck having
25        a gross vehicle weight rating of at least 18,000 pounds
26        and is equipped with air brakes, provided that air

 

 

SB1644 Engrossed- 34 -LRB097 09216 HEP 49351 b

1        brakes are required only if the towing vehicle is
2        towing a vehicle, semitrailer, or tractor-trailer
3        combination that is equipped with air brakes;
4            (ii) is equipped with flashing, rotating, or
5        oscillating amber lights, visible for at least 500 feet
6        in all directions;
7            (iii) is capable of utilizing the lighting and
8        braking systems of the disabled vehicle or combination
9        of vehicles; and
10            (iv) does not engage in a tow exceeding 20 miles
11        from the initial point of wreck or disablement. Any
12        additional movement of the vehicles may occur only upon
13        issuance of authorization for that movement under the
14        provisions of Sections 15-301 through 15-319 of this
15        Code. The towing vehicle, however, may tow any disabled
16        vehicle to a point where repairs are actually to occur.
17        This movement shall be valid only on State routes. The
18        tower must abide by posted bridge weight limits.
19    Gross weight limits shall not apply to the combination of
20the tow truck and vehicles being towed. The tow truck license
21plate must cover the operating empty weight of the tow truck
22only. The weight of each vehicle being towed shall be covered
23by a valid license plate issued to the owner or operator of the
24vehicle being towed and displayed on that vehicle. If no valid
25plate issued to the owner or operator of that vehicle is
26displayed on that vehicle, or the plate displayed on that

 

 

SB1644 Engrossed- 35 -LRB097 09216 HEP 49351 b

1vehicle does not cover the weight of the vehicle, the weight of
2the vehicle shall be covered by the third tow truck plate
3issued to the owner or operator of the tow truck and
4temporarily affixed to the vehicle being towed. If a roll-back
5carrier is registered and being used as a tow truck, however,
6the license plate or plates for the tow truck must cover the
7gross vehicle weight, including any load carried on the bed of
8the roll-back carrier.
9    The Department may by rule or regulation prescribe
10additional requirements. However, nothing in this Code shall
11prohibit a tow truck under instructions of a police officer
12from legally clearing a disabled vehicle, that may be in
13violation of weight limitations of this Chapter, from the
14roadway to the berm or shoulder of the highway. If in the
15opinion of the police officer that location is unsafe, the
16officer is authorized to have the disabled vehicle towed to the
17nearest place of safety.
18    For the purpose of this subsection, gross vehicle weight
19rating, or GVWR, means the value specified by the manufacturer
20as the loaded weight of the tow truck.
21    (b) As used in this Section, "recycling haul" or "recycling
22operation" means the hauling of non-hazardous, non-special,
23non-putrescible materials, such as paper, glass, cans, or
24plastic, for subsequent use in the secondary materials market.
25    (c) No vehicle or combination of vehicles equipped with
26pneumatic tires shall be operated, unladen or with load, upon

 

 

SB1644 Engrossed- 36 -LRB097 09216 HEP 49351 b

1the highways of this State in violation of the provisions of
2any permit issued under the provisions of Sections 15-301
3through 15-319 of this Chapter.
4    (d) No vehicle or combination of vehicles equipped with
5other than pneumatic tires may be operated, unladen or with
6load, upon the highways of this State when the gross weight on
7the road surface through any wheel exceeds 800 pounds per inch
8width of tire tread or when the gross weight on the road
9surface through any axle exceeds 16,000 pounds.
10    (e) No person shall operate a vehicle or combination of
11vehicles over a bridge or other elevated structure constituting
12part of a highway with a gross weight that is greater than the
13maximum weight permitted by the Department, when the structure
14is sign posted as provided in this Section.
15    (f) The Department upon request from any local authority
16shall, or upon its own initiative may, conduct an investigation
17of any bridge or other elevated structure constituting a part
18of a highway, and if it finds that the structure cannot with
19safety to itself withstand the weight of vehicles otherwise
20permissible under this Code the Department shall determine and
21declare the maximum weight of vehicles that the structures can
22withstand, and shall cause or permit suitable signs stating
23maximum weight to be erected and maintained before each end of
24the structure. No person shall operate a vehicle or combination
25of vehicles over any structure with a gross weight that is
26greater than the posted maximum weight.

 

 

SB1644 Engrossed- 37 -LRB097 09216 HEP 49351 b

1    (f-1) A vehicle and load not exceeding 80,000 pounds is
2allowed travel on non-designated highways so long as there is
3no sign prohibiting that access.
4    (g) Upon the trial of any person charged with a violation
5of subsection (e) or (f) of this Section, proof of the
6determination of the maximum allowable weight by the Department
7and the existence of the signs, constitutes conclusive evidence
8of the maximum weight that can be maintained with safety to the
9bridge or structure No person shall operate a vehicle or
10combination of vehicles over a bridge or other elevated
11structure constituting part of a highway with a gross weight
12that is greater than the maximum weight permitted by the
13Department, when the structure is sign posted as provided in
14this Section.
15    (h) The Department upon request from any local authority
16shall, or upon its own initiative may, conduct an investigation
17of any bridge or other elevated structure constituting a part
18of a highway, and if it finds that the structure cannot with
19safety to itself withstand the weight of vehicles otherwise
20permissible under this Code the Department shall determine and
21declare the maximum weight of vehicles that the structures can
22withstand, and shall cause or permit suitable signs stating
23maximum weight to be erected and maintained before each end of
24the structure. No person shall operate a vehicle or combination
25of vehicles over any structure with a gross weight that is
26greater than the posted maximum weight.

 

 

SB1644 Engrossed- 38 -LRB097 09216 HEP 49351 b

1    (i) Upon the trial of any person charged with a violation
2of subsections (g) or (h) of this Section, proof of the
3determination of the maximum allowable weight by the Department
4and the existence of the signs, constitutes conclusive evidence
5of the maximum weight that can be maintained with safety to the
6bridge or structure.
7(Source: P.A. 95-51, eff. 1-1-08; 96-34, eff. 1-1-10; 96-37,
8eff. 7-13-09.)
 
9    (625 ILCS 5/15-112)  (from Ch. 95 1/2, par. 15-112)
10    Sec. 15-112. Officers to weigh vehicles and require removal
11of excess loads.
12    (a) Any police officer having reason to believe that the
13weight of a vehicle and load is unlawful shall require the
14driver to stop and submit to a weighing of the same either by
15means of a portable or stationary scales that have been tested
16and approved at a frequency prescribed by the Illinois
17Department of Agriculture, or for those scales operated by the
18State, when such tests are requested by the Department of State
19Police, whichever is more frequent. If such scales are not
20available at the place where such vehicle is stopped, the
21police officer shall require that such vehicle be driven to the
22nearest available scale that has been tested and approved
23pursuant to this Section by the Illinois Department of
24Agriculture. Notwithstanding any provisions of the Weights and
25Measures Act or the United States Department of Commerce NIST

 

 

SB1644 Engrossed- 39 -LRB097 09216 HEP 49351 b

1handbook 44, multi or single draft weighing is an acceptable
2method of weighing by law enforcement for determining a
3violation of Chapter 3 or 15 of this Code. Law enforcement is
4exempt from the requirements of commercial weighing
5established in NIST handbook 44.
6    Within 18 months after the effective date of this
7amendatory Act of the 91st General Assembly, all municipal and
8county officers, technicians, and employees who set up and
9operate portable scales for wheel load or axle load or both and
10issue citations based on the use of portable scales for wheel
11load or axle load or both and who have not successfully
12completed initial classroom and field training regarding the
13set up and operation of portable scales, shall attend and
14successfully complete initial classroom and field training
15administered by the Illinois Law Enforcement Training
16Standards Board.
17    (b) Whenever an officer, upon weighing a vehicle and the
18load, determines that the weight is unlawful, such officer
19shall require the driver to stop the vehicle in a suitable
20place and remain standing until such portion of the load is
21removed as may be necessary to reduce the weight of the vehicle
22to the limit permitted under this Chapter, or to the limit
23permitted under the terms of a permit issued pursuant to
24Sections 15-301 through 15-318 and shall forthwith arrest the
25driver or owner. All material so unloaded shall be cared for by
26the owner or operator of the vehicle at the risk of such owner

 

 

SB1644 Engrossed- 40 -LRB097 09216 HEP 49351 b

1or operator; however, whenever a 3 or 4 axle vehicle with a
2tandem axle dimension greater than 72 inches, but less than 96
3inches and registered as a Special Hauling Vehicle is
4transporting asphalt or concrete in the plastic state that
5exceeds axle weight or gross weight limits by less than 4,000
6pounds, the owner or operator of the vehicle shall accept the
7arrest ticket or tickets for the alleged violations under this
8Section and proceed without shifting or reducing the load being
9transported or may shift or reduce the load under the
10provisions of subsection (d) or (e) of this Section, when
11applicable. Any fine imposed following an overweight violation
12by a vehicle registered as a Special Hauling Vehicle
13transporting asphalt or concrete in the plastic state shall be
14paid as provided in subsection 4 of paragraph (a) of Section
1516-105 of this Code.
16    (c) The Department of Transportation may, at the request of
17the Department of State Police, erect appropriate regulatory
18signs on any State highway directing second division vehicles
19to a scale. The Department of Transportation may also, at the
20direction of any State Police officer, erect portable
21regulating signs on any highway directing second division
22vehicles to a portable scale. Every such vehicle, pursuant to
23such sign, shall stop and be weighed.
24    (d) Whenever any axle load of a vehicle exceeds the axle or
25tandem axle weight limits permitted by paragraph (a) or (f) of
26Section 15-111 by 2000 pounds or less, the owner or operator of

 

 

SB1644 Engrossed- 41 -LRB097 09216 HEP 49351 b

1the vehicle must shift or remove the excess so as to comply
2with paragraph (a) or (f) of Section 15-111. No overweight
3arrest ticket shall be issued to the owner or operator of the
4vehicle by any officer if the excess weight is shifted or
5removed as required by this paragraph.
6    (e) Whenever the gross weight of a vehicle with a
7registered gross weight of 77,000 80,000 pounds or less exceeds
8the weight limits of paragraph (a) (b) or (f) of Section 15-111
9of this Chapter by 2000 pounds or less, the owner or operator
10of the vehicle must remove the excess. Whenever the gross
11weight of a vehicle with a registered gross weight over of
1277,000 80,000 pounds or more exceeds the weight limits of
13paragraph (a) (b) or (f) of Section 15-111 by 1,000 pounds or
14less or 2,000 pounds or less if weighed on wheel load weighers,
15the owner or operator of the vehicle must remove the excess. In
16either case no arrest ticket for any overweight violation of
17this Code shall be issued to the owner or operator of the
18vehicle by any officer if the excess weight is removed as
19required by this paragraph. A person who has been granted a
20special permit under Section 15-301 of this Code shall not be
21granted a tolerance on wheel load weighers.
22    (e-5) Auxiliary power or idle reduction unit (APU) weight.
23        (1) A vehicle with a fully functional APU shall be
24    allowed an additional 400 pounds or the certified unit
25    weight, whichever is less. The additional pounds may be
26    allowed in gross, axles, or bridge formula weight limits

 

 

SB1644 Engrossed- 42 -LRB097 09216 HEP 49351 b

1    above the legal weight limits except when overweight on an
2    axle or axles of the towed unit or units in combination.
3    This tolerance shall be given in addition to the limits in
4    subsection (d) of this Section.
5        (2) An operator of a vehicle equipped with an APU shall
6    carry written certification showing the weight of the APU,
7    which shall be displayed upon the request of any law
8    enforcement officer.
9        (3) The operator may be required to demonstrate or
10    certify that the APU is fully functional at all times.
11        (4) This allowance may not be granted above the weight
12    limits specified on any loads permitted under Section
13    15-301 of this Code.
14    (f) Whenever an axle load of a vehicle exceeds axle weight
15limits allowed by the provisions of a permit an arrest ticket
16shall be issued, but the owner or operator of the vehicle may
17shift the load so as to comply with the provisions of the
18permit. Where such shifting of a load to comply with the permit
19is accomplished, the owner or operator of the vehicle may then
20proceed.
21    (g) Any driver of a vehicle who refuses to stop and submit
22his vehicle and load to weighing after being directed to do so
23by an officer or removes or causes the removal of the load or
24part of it prior to weighing is guilty of a business offense
25and shall be fined not less than $500 nor more than $2,000.
26(Source: P.A. 96-34, eff. 1-1-10.)
 

 

 

SB1644 Engrossed- 43 -LRB097 09216 HEP 49351 b

1    (625 ILCS 5/15-113)  (from Ch. 95 1/2, par. 15-113)
2    Sec. 15-113. Violations; Penalties.
3    (a) Whenever any vehicle is operated in violation of the
4provisions of Section 15-111 or subsection (d) of Section
53-401, the owner or driver of such vehicle shall be deemed
6guilty of such violation and either the owner or the driver of
7such vehicle may be prosecuted for such violation. Any person
8charged with a violation of any of these provisions who pleads
9not guilty shall be present in court for the trial on the
10charge. Any person, firm or corporation convicted of any
11violation of Section 15-111 including, but not limited to, a
12maximum axle or gross limit specified on a regulatory sign
13posted in accordance with paragraph (e) or (f) (g) or (h) of
14Section 15-111, shall be fined according to the following
15schedule:
 
16Up to and including 2000 pounds overweight, the fine is $100
 
17From 2001 through 2500 pounds overweight, the fine is $270
 
18From 2501 through 3000 pounds overweight, the fine is $330
 
19From 3001 through 3500 pounds overweight, the fine is $520
 
20From 3501 through 4000 pounds overweight, the fine is $600
 

 

 

SB1644 Engrossed- 44 -LRB097 09216 HEP 49351 b

1From 4001 through 4500 pounds overweight, the fine is $850
 
2From 4501 through 5000 pounds overweight, the fine is $950
 
3From 5001 or more pounds overweight, the fine shall be computed
4by assessing $1500 for the first 5000 pounds overweight and
5$150 for each additional increment of 500 pounds overweight or
6fraction thereof.
 
7    In addition any person, firm or corporation convicted of 4
8or more violations of Section 15-111 within any 12 month period
9shall be fined an additional amount of $5,000 for the fourth
10and each subsequent conviction within the 12 month period.
11Provided, however, that with regard to a firm or corporation, a
12fourth or subsequent conviction shall mean a fourth or
13subsequent conviction attributable to any one employee-driver.
14    (b) Whenever any vehicle is operated in violation of the
15provisions of Sections 15-102, 15-103 or 15-107, the owner or
16driver of such vehicle shall be deemed guilty of such violation
17and either may be prosecuted for such violation. Any person,
18firm or corporation convicted of any violation of Sections
1915-102, 15-103 or 15-107 shall be fined for the first or second
20conviction an amount equal to not less than $50 nor more than
21$500, and for the third and subsequent convictions by the same
22person, firm or corporation within a period of one year after

 

 

SB1644 Engrossed- 45 -LRB097 09216 HEP 49351 b

1the date of the first offense, not less than $500 nor more than
2$1,000.
3    (c) All proceeds of the additional fines imposed by this
4amendatory Act of the 96th General Assembly shall be deposited
5into the Capital Projects Fund.
6(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10.)
 
7    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
8    Sec. 15-301. Permits for excess size and weight.
9    (a) The Department with respect to highways under its
10jurisdiction and local authorities with respect to highways
11under their jurisdiction may, in their discretion, upon
12application and good cause being shown therefor, issue a
13special permit authorizing the applicant to operate or move a
14vehicle or combination of vehicles of a size or weight of
15vehicle or load exceeding the maximum specified in this Act or
16otherwise not in conformity with this Act upon any highway
17under the jurisdiction of the party granting such permit and
18for the maintenance of which the party is responsible.
19Applications and permits other than those in written or printed
20form may only be accepted from and issued to the company or
21individual making the movement. Except for an application to
22move directly across a highway, it shall be the duty of the
23applicant to establish in the application that the load to be
24moved by such vehicle or combination is composed of a single
25nondivisible object that cannot reasonably be dismantled or

 

 

SB1644 Engrossed- 46 -LRB097 09216 HEP 49351 b

1disassembled. For the purpose of over length movements, more
2than one object may be carried side by side as long as the
3height, width, and weight laws are not exceeded and the cause
4for the over length is not due to multiple objects. For the
5purpose of over height movements, more than one object may be
6carried as long as the cause for the over height is not due to
7multiple objects and the length, width, and weight laws are not
8exceeded. For the purpose of an over width movement, more than
9one object may be carried as long as the cause for the over
10width is not due to multiple objects and length, height, and
11weight laws are not exceeded. No state or local agency shall
12authorize the issuance of excess size or weight permits for
13vehicles and loads that are divisible and that can be carried,
14when divided, within the existing size or weight maximums
15specified in this Chapter. Any excess size or weight permit
16issued in violation of the provisions of this Section shall be
17void at issue and any movement made thereunder shall not be
18authorized under the terms of the void permit. In any
19prosecution for a violation of this Chapter when the
20authorization of an excess size or weight permit is at issue,
21it is the burden of the defendant to establish that the permit
22was valid because the load to be moved could not reasonably be
23dismantled or disassembled, or was otherwise nondivisible.
24    (b) The application for any such permit shall: (1) state
25whether such permit is requested for a single trip or for
26limited continuous operation; (2) state if the applicant is an

 

 

SB1644 Engrossed- 47 -LRB097 09216 HEP 49351 b

1authorized carrier under the Illinois Motor Carrier of Property
2Law, if so, his certificate, registration or permit number
3issued by the Illinois Commerce Commission; (3) specifically
4describe and identify the vehicle or vehicles and load to be
5operated or moved except that for vehicles or vehicle
6combinations registered by the Department as provided in
7Section 15-319 of this Chapter, only the Illinois Department of
8Transportation's (IDT) registration number or classification
9need be given; (4) state the routing requested including the
10points of origin and destination, and may identify and include
11a request for routing to the nearest certified scale in
12accordance with the Department's rules and regulations,
13provided the applicant has approval to travel on local roads;
14and (5) state if the vehicles or loads are being transported
15for hire. No permits for the movement of a vehicle or load for
16hire shall be issued to any applicant who is required under the
17Illinois Motor Carrier of Property Law to have a certificate,
18registration or permit and does not have such certificate,
19registration or permit.
20    (c) The Department or local authority when not inconsistent
21with traffic safety is authorized to issue or withhold such
22permit at its discretion; or, if such permit is issued at its
23discretion to prescribe the route or routes to be traveled, to
24limit the number of trips, to establish seasonal or other time
25limitations within which the vehicles described may be operated
26on the highways indicated, or otherwise to limit or prescribe

 

 

SB1644 Engrossed- 48 -LRB097 09216 HEP 49351 b

1conditions of operations of such vehicle or vehicles, when
2necessary to assure against undue damage to the road
3foundations, surfaces or structures, and may require such
4undertaking or other security as may be deemed necessary to
5compensate for any injury to any roadway or road structure. The
6Department shall maintain a daily record of each permit issued
7along with the fee and the stipulated dimensions, weights,
8conditions and restrictions authorized and this record shall be
9presumed correct in any case of questions or dispute. The
10Department shall install an automatic device for recording
11applications received and permits issued by telephone. In
12making application by telephone, the Department and applicant
13waive all objections to the recording of the conversation.
14    (d) The Department shall, upon application in writing from
15any local authority, issue an annual permit authorizing the
16local authority to move oversize highway construction,
17transportation, utility and maintenance equipment over roads
18under the jurisdiction of the Department. The permit shall be
19applicable only to equipment and vehicles owned by or
20registered in the name of the local authority, and no fee shall
21be charged for the issuance of such permits.
22    (e) As an exception to paragraph (a) of this Section, the
23Department and local authorities, with respect to highways
24under their respective jurisdictions, in their discretion and
25upon application in writing may issue a special permit for
26limited continuous operation, authorizing the applicant to

 

 

SB1644 Engrossed- 49 -LRB097 09216 HEP 49351 b

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

 

 

SB1644 Engrossed- 50 -LRB097 09216 HEP 49351 b

1sunset and sunrise shall be equipped as prescribed in Section
212-205.1.
3    (e-1) Upon a declaration by the Governor that an emergency
4harvest situation exists, a special permit issued by the
5Department under this Section shall not be required from
6September 1 through December 31 during harvest season
7emergencies, provided that the weight does not exceed 20% above
8the limits provided in Section 15-111. All other restrictions
9that apply to permits issued under this Section shall apply
10during the declared time period. With respect to highways under
11the jurisdiction of local authorities, the local authorities
12may, at their discretion, waive special permit requirements
13during harvest season emergencies. This permit exemption shall
14apply to all vehicles eligible to obtain permits under this
15Section, including commercial vehicles in use during the
16declared time period.
17    (f) The form and content of the permit shall be determined
18by the Department with respect to highways under its
19jurisdiction and by local authorities with respect to highways
20under their jurisdiction. Every permit shall be in written form
21and carried in the vehicle or combination of vehicles to which
22it refers and shall be open to inspection by any police officer
23or authorized agent of any authority granting the permit and no
24person shall violate any of the terms or conditions of such
25special permit. Violation of the terms and conditions of the
26permit shall not be deemed a revocation of the permit; however,

 

 

SB1644 Engrossed- 51 -LRB097 09216 HEP 49351 b

1any vehicle and load found to be off the route prescribed in
2the permit shall be held to be operating without a permit. Any
3off route vehicle and load shall be required to obtain a new
4permit or permits, as necessary, to authorize the movement back
5onto the original permit routing. No rule or regulation, nor
6anything herein shall be construed to authorize any police
7officer, court, or authorized agent of any authority granting
8the permit to remove the permit from the possession of the
9permittee unless the permittee is charged with a fraudulent
10permit violation as provided in paragraph (i). However, upon
11arrest for an offense of violation of permit, operating without
12a permit when the vehicle is off route, or any size or weight
13offense under this Chapter when the permittee plans to raise
14the issuance of the permit as a defense, the permittee, or his
15agent, must produce the permit at any court hearing concerning
16the alleged offense.
17    If the permit designates and includes a routing to a
18certified scale, the permitee, while enroute to the designated
19scale, shall be deemed in compliance with the weight provisions
20of the permit provided the axle or gross weights do not exceed
21any of the permitted limits by more than the following amounts:
22        Single axle               2000 pounds
23        Tandem axle               3000 pounds
24        Gross                     5000 pounds
25    (g) The Department is authorized to adopt, amend, and to
26make available to interested persons a policy concerning

 

 

SB1644 Engrossed- 52 -LRB097 09216 HEP 49351 b

1reasonable rules, limitations and conditions or provisions of
2operation upon highways under its jurisdiction in addition to
3those contained in this Section for the movement by special
4permit of vehicles, combinations, or loads which cannot
5reasonably be dismantled or disassembled, including
6manufactured and modular home sections and portions thereof.
7All rules, limitations and conditions or provisions adopted in
8the policy shall have due regard for the safety of the
9traveling public and the protection of the highway system and
10shall have been promulgated in conformity with the provisions
11of the Illinois Administrative Procedure Act. The requirements
12of the policy for flagmen and escort vehicles shall be the same
13for all moves of comparable size and weight. When escort
14vehicles are required, they shall meet the following
15requirements:
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
19    12-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

 

 

SB1644 Engrossed- 53 -LRB097 09216 HEP 49351 b

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 or
7load limitations in excess of those authorized by the permit.
8The prescribed route or routes on the permit are not mere
9rules, limitations, conditions, or provisions of the permit,
10but are also the sole extent of the authorization granted by
11the permit. If a vehicle and load are found to be off the route
12or routes prescribed by any permit authorizing movement, the
13vehicle and load are operating without a permit. Any off route
14movement shall be subject to the size and weight maximums,
15under the applicable provisions of this Chapter, as determined
16by the type or class highway upon which the vehicle and load
17are being operated.
18    (i) Whenever any vehicle is operated or movement made under
19a fraudulent permit the permit shall be void, and the person,
20firm, or corporation to whom such permit was granted, the
21driver 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 violation.
24Any person, firm, or corporation committing such violation
25shall be guilty of a Class 4 felony and the Department shall
26not issue permits to the person, firm or corporation convicted

 

 

SB1644 Engrossed- 54 -LRB097 09216 HEP 49351 b

1of such violation for a period of one year after the date of
2conviction. Penalties for violations of this Section shall be
3in addition to any penalties imposed for violation of other
4Sections of this Act.
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 in
10this subsection (j). Any person, firm or corporation convicted
11of such violation shall be guilty of a petty offense and shall
12be fined for the first offense, not less than $50 nor more than
13$200 and, for the second offense by the same person, firm or
14corporation within a period of one year, not less than $200 nor
15more than $300 and, for the third offense by the same person,
16firm or corporation within a period of one year after the date
17of the first offense, not less than $300 nor more than $500 and
18the Department shall not issue permits to the person, firm or
19corporation convicted of a third offense during a period of one
20year after the date of conviction for such third offense.
21    (k) Whenever any vehicle is operated on local roads under
22permits for excess width or length issued by local authorities,
23such vehicle may be moved upon a State highway for a distance
24not to exceed one-half mile without a permit for the purpose of
25crossing the State highway.
26    (l) Notwithstanding any other provision of this Section,

 

 

SB1644 Engrossed- 55 -LRB097 09216 HEP 49351 b

1the Department, with respect to highways under its
2jurisdiction, and local authorities, with respect to highways
3under their jurisdiction, may at their discretion authorize the
4movement of a vehicle in violation of any size or weight
5requirement, or both, that would not ordinarily be eligible for
6a permit, when there is a showing of extreme necessity that the
7vehicle and load should be moved without unnecessary delay.
8    For the purpose of this subsection, showing of extreme
9necessity shall be limited to the following: shipments of
10livestock, hazardous materials, liquid concrete being hauled
11in a mobile cement mixer, or hot asphalt.
12    (m) Penalties for violations of this Section shall be in
13addition to any penalties imposed for violating any other
14Section of this Code.
15    (n) The Department with respect to highways under its
16jurisdiction and local authorities with respect to highways
17under their jurisdiction, in their discretion and upon
18application in writing, may issue a special permit for
19continuous limited operation, authorizing the applicant to
20operate a tow-truck that exceeds the weight limits provided for
21in subsection (a) (d) of Section 15-111, provided:
22        (1) no rear single axle of the tow-truck exceeds 26,000
23    pounds;
24        (2) no rear tandem axle of the tow-truck exceeds 50,000
25    pounds;
26        (2.1) no triple rear axle on a manufactured recovery

 

 

SB1644 Engrossed- 56 -LRB097 09216 HEP 49351 b

1    unit exceeds 60,000 pounds;
2        (3) neither the disabled vehicle nor the disabled
3    combination of vehicles exceed the weight restrictions
4    imposed by this Chapter 15, or the weight limits imposed
5    under a permit issued by the Department prior to hookup;
6        (4) the tow-truck prior to hookup does not exceed the
7    weight restrictions imposed by this Chapter 15;
8        (5) during the tow operation the tow-truck does not
9    violate any weight restriction sign;
10        (6) the tow-truck is equipped with flashing, rotating,
11    or oscillating amber lights, visible for at least 500 feet
12    in all directions;
13        (7) the tow-truck is specifically designed and
14    licensed as a tow-truck;
15        (8) the tow-truck has a gross vehicle weight rating of
16    sufficient capacity to safely handle the load;
17        (9) the tow-truck is equipped with air brakes;
18        (10) the tow-truck is capable of utilizing the lighting
19    and braking systems of the disabled vehicle or combination
20    of vehicles;
21        (11) the tow commences at the initial point of wreck or
22    disablement and terminates at a point where the repairs are
23    actually to occur;
24        (12) the permit issued to the tow-truck is carried in
25    the tow-truck and exhibited on demand by a police officer;
26    and

 

 

SB1644 Engrossed- 57 -LRB097 09216 HEP 49351 b

1        (13) the movement shall be valid only on state routes
2    approved by the Department.
3    (o) The Department, with respect to highways under its
4jurisdiction, and local authorities, with respect to highways
5under their jurisdiction, in their discretion and upon
6application in writing, may issue a special permit for
7continuous limited operation, authorizing the applicant to
8transport raw milk that exceeds the weight limits provided for
9in subsection (a) subsections (b) and (f) of Section 15-111 of
10this Code, provided:
11        (1) no single axle exceeds 20,000 pounds;
12        (2) no gross weight exceeds 80,000 pounds;
13        (3) permits issued by the State are good only for
14    federal and State highways and are not applicable to
15    interstate highways; and
16        (4) all road and bridge postings must be obeyed.
17(Source: P.A. 95-331, eff. 8-21-07; 95-666, eff. 10-11-07.)
 
18    (625 ILCS 5/15-307)  (from Ch. 95 1/2, par. 15-307)
19    Sec. 15-307. Fees for Overweight-Gross Loads. Fees for
20special permits to move vehicles, combinations of vehicles and
21loads with overweight-gross loads shall be paid at the flat
22rate fees established in this Section for weights in excess of
23legal gross weights, by the applicant to the Department.
24    (a) With respect to fees for overweight-gross loads listed
25in this Section and for overweight-axle loads listed in Section

 

 

SB1644 Engrossed- 58 -LRB097 09216 HEP 49351 b

115-306, one fee only shall be charged, whichever is the
2greater, but not for both.
3    (b) In lieu of the fees stated in this Section and Section
415-306, with respect to combinations of vehicles consisting of
5a 3-axle truck tractor with a tandem axle composed of 2
6consecutive axles drawing a semitrailer, or other vehicle
7approved by the Department, equipped with a tandem axle
8composed of 3 consecutive axles, weighing over 80,000 pounds
9but not more than 88,000 pounds gross weight, the fees shall be
10at the following rates:
11    DistanceRate
12For the first 45 miles$10
13From 45 miles to 90 miles12.50
14From 90 miles to 135 miles15.00
15From 135 miles to 180 miles17.50
16From 180 miles to 225 miles20.00
17For each additional 45 miles or part
18thereof in excess of the rate for
19225 miles, an additional2.50
20    For such combinations weighing over 88,000 pounds but not
21more than 100,000 pounds gross weight, the fees shall be at the
22following rates:
23    DistanceRate
24For the first 45 miles15
25From 45 miles to 90 miles25
26From 90 miles to 135 miles35

 

 

SB1644 Engrossed- 59 -LRB097 09216 HEP 49351 b

1From 135 miles to 180 miles45
2From 180 miles to 225 miles55
3For each additional 45 miles or part
4thereof in excess of the rate for
5225 miles, an additional10
6    For such combination weighing over 100,000 pounds but not
7more than 110,000 pounds gross weight, the fees shall be at the
8following rates:
9    DistanceRate
10For the first 45 miles$20
11From 45 miles to 90 miles32.50
12From 90 miles to 135 miles45
13From 135 miles to 180 miles57.50
14From 180 miles to 225 miles70
15For each additional 45 miles or part
16thereof in excess of the rate for
17225 miles an additional12.50
18    For such combinations weighing over 110,000 pounds but not
19more than 120,000 pounds gross weight, the fees shall be at the
20following rates:
21    DistanceRate
22For the first 45 miles$30
23From 46 miles to 90 miles55
24From 90 miles to 135 miles80
25From 135 miles to 180 miles105
26From 180 miles to 225 miles130

 

 

SB1644 Engrossed- 60 -LRB097 09216 HEP 49351 b

1For each additional 45 miles or part
2thereof in excess of the rate
3for 225 miles an additional25
4    Payment of overweight fees for the above combinations also
5shall include fees for overwidth dimensions of 4 feet or less,
6overheight and overlength. Any overwidth in excess of 4 feet
7shall be charged an additional fee of $15.
8    (c) In lieu of the fees stated in this Section and Section
915-306 of this Chapter, with respect to combinations of
10vehicles consisting of a 3-axle truck tractor with a tandem
11axle composed of 2 consecutive axles drawing a semitrailer, or
12other vehicle approved by the Department, equipped with a
13tandem axle composed of 2 consecutive axles, weighing over
1480,000 pounds but not more than 88,000 pounds gross weight, the
15fees shall be at the following rates:
16    DistanceRate
17For the first 45 miles$20
18From 45 miles to 90 miles32.50
19From 90 miles to 135 miles45
20From 135 miles to 180 miles57.50
21From 180 miles to 225 miles70
22For each additional 60 miles or part
23thereof in excess of the rate for
24225 miles an additional12.50

 

 

SB1644 Engrossed- 61 -LRB097 09216 HEP 49351 b

1    For such combination weighing over 88,000 pounds but not
2more than 100,000 pounds gross weight, the fees shall be at the
3following rates:
4    DistanceRate
5For the first 45 miles$30
6From 46 miles to 90 miles55
7From 90 miles to 135 miles80
8From 135 miles to 180 miles105
9From 180 miles to 225 miles130
10For each additional 45 miles or part
11thereof in excess of the rate for
12225 miles an additional25
13    Payment of overweight fees for the above combinations also
14shall include fees for overwidth dimension of 4 feet or less,
15overheight and overlength. Any overwidth in excess of 4 feet
16shall be charged an additional overwidth fee of $15.
17    (d) In lieu of the fees stated in this Section and in
18Section 15-306 of this Chapter, with respect to a 3 (or more)
19axle mobile crane or water well-drilling vehicle consisting of
20a single axle and a tandem axle or 2 tandem axle groups
21composed of 2 consecutive axles each, with a distance of
22extreme axles not less than 18 feet, weighing not more than
2360,000 pounds gross with no single axle weighing more than
2421,000 pounds, or any tandem axle group to exceed 40,000
25pounds, the fees shall be at the following rates:
26    DistanceRate

 

 

SB1644 Engrossed- 62 -LRB097 09216 HEP 49351 b

1For the first 45 miles$12.50
2For each additional 45 miles or portion thereof9.00
3    For such vehicles weighing over 60,000 pounds but not more
4than 68,000 pounds with no single axle weighing more than
521,000 pounds and no tandem axle group exceeding 48,000 pounds,
6the fees shall be at the following rates:
7    DistanceRate
8For the first 45 miles$20
9For each additional 45 miles or portion thereof12.50
10    Payment of overweight fees for the above vehicle shall
11include overwidth dimension of 4 feet or less, overheight and
12overlength. Any overwidth in excess of 4 feet shall be charged
13an additional overwidth fee of $15.
14    (e) In lieu of the fees stated in this Section and in
15Section 15-306 of this Chapter, with respect to a 4 (or more)
16axle mobile crane or water well drilling vehicle consisting of
172 sets of tandem axles composed of 2 or more consecutive axles
18each with a distance between extreme axles of not less than 23
19feet weighing not more than 72,000 pounds with axle weights on
20one set of tandem axles not more than 34,000 pounds, and weight
21in the other set of tandem axles not to exceed 40,000 pounds,
22the fees shall be at the following rates:
23    DistanceRate
24For the first 45 miles$15
25For each additional 45 miles or portion thereof10

 

 

SB1644 Engrossed- 63 -LRB097 09216 HEP 49351 b

1    For such vehicles weighing over 72,000 pounds but not more
2than 76,000 pounds with axle weights on either set of tandem
3axles not more than 44,000 pounds, the fees shall be at the
4following rates:
5    DistanceRate
6For the first 45 miles$20
7For each additional 45 miles or portion thereof12.50
8    Payment of overweight fees for the above vehicle shall
9include overwidth dimension of 4 feet or less, overheight and
10overlength. Any overwidth in excess of 4 feet shall be charged
11an additional fee of $15.
12    (f) In lieu of fees stated in this Section and in Section
1315-306 of this Chapter, with respect to a two axle mobile crane
14or water well-drilling vehicle consisting of 2 single axles
15weighing not more than 48,000 pounds with no single axle
16weighing more than 25,000 pounds, the fees shall be at the
17following rates:
18    DistanceRate
19For the first 45 miles$15
20For each additional 45 miles or portion thereof10
21    For such vehicles weighing over 48,000 pounds but not more
22than 54,000 pounds with no single axle weighing more than
2328,000 pounds, the fees shall be at the following rates:
24    DistanceRate
25For the first 45 miles$20
26For each additional 45 miles or portion thereof12.50

 

 

SB1644 Engrossed- 64 -LRB097 09216 HEP 49351 b

1    Payment of overweight fees for the above vehicle shall
2include overwidth dimension of 4 feet or less, overheight and
3overlength. Any overwidth in excess of 4 feet shall be charged
4an additional overwidth fee of $15.
5    (g) Fees for special permits to move vehicles, combinations
6of vehicles, and loads with overweight gross loads not included
7in the fee categories shall be paid by the applicant to the
8Department at the rate of $50 plus 3.5 cents per ton-mile in
9excess of legal weight.
10    With respect to fees for overweight gross loads not
11included in the schedules specified in paragraphs (a) through
12(e) of Section 15-307 and for overweight axle loads listed in
13Section 15-306, one fee only shall be charged, whichever is the
14greater, but not both. An additional fee in accordance with the
15schedule set forth in Section 15-305 shall be charged for each
16overdimension.
17    (h) Fees for special permits for continuous limited
18operation authorizing the applicant to operate vehicles that
19exceed the weight limits provided for in subsection (a) (d) of
20Section 15-111.
21    All single axles excluding the steer axle and axles within
22a tandem are limited to 24,000 pounds or less unless otherwise
23noted in this subsection (h). Loads up to 12 feet wide and 110
24feet in length shall be included within this permit. Fees shall
25be $250 for a quarterly and $1,000 for an annual permit. Front
26tag axle and double tandem trailers are not eligible.

 

 

SB1644 Engrossed- 65 -LRB097 09216 HEP 49351 b

1    The following configurations qualify for the quarterly and
2annual permits:
3        (1) 3 or more axles, total gross weight of 68,000
4    pounds or less, front tandem or axle 21,000 pounds or less,
5    rear tandem 48,000 pounds or less on 2 or 3 axles, 25,000
6    pounds or less on single axle;
7        (2) 4 or more axles, total gross weight of 76,000
8    pounds or less, front tandem 44,000 pounds or less on 2
9    axles, front axle 20,000 pounds or less, rear tandem 44,000
10    pounds or less on 2 axles and 23,000 pounds or less on
11    single axle or 48,000 pounds or less on 3 axles, 25,000
12    pounds or less on single axle;
13        (3) 5 or more axles, total gross weight of 100,000
14    pounds or less, front tandem 48,000 pounds or less on 2
15    axles, front axle 20,000 pounds or less, 25,000 pounds or
16    less on single axle, rear tandem 48,000 pounds or less on 2
17    axles, 25,000 pounds or less on single axle;
18        (4) 6 or more axles, total gross weight of 120,000
19    pounds or less, front tandem 48,000 pounds or less on 2
20    axles, front axle 20,000 pounds or less, single axle 25,000
21    pounds or less, or rear tandem 60,000 pounds or less on 3
22    axles, 21,000 pounds or less on single axles within a
23    tandem.
24(Source: P.A. 96-34, eff. 1-1-10.)