Rep. Wayne Rosenthal

Filed: 4/7/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2367

2    AMENDMENT NO. ______. Amend House Bill 2367, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Section 15-316 as follows:
 
7    (625 ILCS 5/15-316)  (from Ch. 95 1/2, par. 15-316)
8    Sec. 15-316. When the Department or local authority may
9restrict right to use highways.
10    (a) Except as provided in subsection (g), local authorities
11with respect to highways under their jurisdiction may by
12ordinance or resolution prohibit the operation of vehicles upon
13any such highway or impose restrictions as to the weight of
14vehicles to be operated upon any such highway, for a total
15period of not to exceed 90 days in any one calendar year,
16whenever any said highway by reason of deterioration, rain,

 

 

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1snow, or other climate conditions will be seriously damaged or
2destroyed unless the use of vehicles thereon is prohibited or
3the permissible weights thereof reduced.
4    (b) The local authority enacting any such ordinance or
5resolution shall erect or cause to be erected and maintained
6signs designating the provision of the ordinance or resolution
7at each end of that portion of any highway affected thereby,
8and the ordinance or resolution shall not be effective unless
9and until such signs are erected and maintained.
10    (c) Local authorities, with exception of road districts as
11provided in subsection (c-5) of this Section, with respect to
12highways under their jurisdiction may also, by ordinance or
13resolution, prohibit the operation of trucks or other
14commercial vehicles, or may impose limitations as the weight
15thereof, on designated highways, which prohibitions and
16limitations shall be designated by appropriate signs placed on
17such highways.
18    (c-1) (Blank).
19    (c-5) Highway commissioners, as used in the Illinois
20Highway Code, with respect to highways under their jurisdiction
21may, after conducting a public hearing and approving a
22resolution, prohibit the operation of trucks or other
23commercial vehicles, or may impose limitation on the weight
24thereof, on designated highways, which prohibition and
25limitation shall be designated by appropriate signs placed on
26these highways with written approval of the county

 

 

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1superintendent of highways. If any highway commissioner fails
2or refuses to change or evaluate a permanently reduced weight
3limit on any road or section of a road in his or her district
4within 10 days after he or she is given a notice in writing
5signed by 3 persons that own land in the road district that the
6road or section of a road should not be permanently posted at a
7reduced weight limit, the 3 landowners whose request was not
8complied with may petition the county superintendent of
9highways that the road or section thereof is in need of
10evaluation or change of the permanently reduced weight limit by
11the highway commissioner. The county superintendent of
12highways shall set a day, not less than 10 nor more than 20
13days after the petition is filed with him or her, for hearing
14the complaint alleged in the petition, and shall post notice of
15the hearing not less than 10 days prior to the hearing in a
16newspaper of general circulation in the road district
17containing the road or section of road described in the
18petition and also by delivering a copy of the notice to the
19commissioner or mailing a copy of the petition to the
20commissioner. If the county superintendent of highways
21determines as a result of the hearing that the road described
22in the petition is in need of a change in the permanently
23reduced weight limit by the highway commissioner of the
24district, he or she shall order the highway commissioner of the
25district to make any necessary change to the posted weight
26limit. If any highway commissioner wilfully disobeys the order

 

 

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1of the county superintendent of highways issued under this
2Section, when there are sufficient funds to permit compliance
3with the order, he or she shall be guilty of a petty offense,
4and shall upon proper proceedings being brought in the circuit
5court of the county, be subject to removal from office.
6    (d) The Department shall likewise have authority as
7hereinbefore granted to local authorities to determine by
8resolution and to impose restrictions as to the weight of
9vehicles operated upon any highway under the jurisdiction of
10said department, and such restrictions shall be effective when
11signs giving notice thereof are erected upon the highway or
12portion of any highway affected by such resolution.
13    (d-1) (Blank).
14    (d-2) (Blank).
15    (e) When any vehicle is operated in violation of this
16Section, the owner or driver of the vehicle shall be deemed
17guilty of a violation and either the owner or the driver of the
18vehicle may be prosecuted for the violation. Any person, firm,
19or corporation convicted of violating this Section shall be
20fined $50 for any weight exceeding the posted limit up to the
21axle or gross weight limit allowed a vehicle as provided for in
22subsections (a) or (b) of Section 15-111 and $75 per every 500
23pounds or fraction thereof for any weight exceeding that which
24is provided for in subsections (a) or (b) of Section 15-111.
25    (f) A municipality is authorized to enforce a county weight
26limit ordinance applying to county highways within its

 

 

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1corporate limits and is entitled to the proceeds of any fines
2collected from the enforcement.
3    (g) An ordinance or resolution enacted by a county or
4township pursuant to subsection (a) of this Section shall not
5apply to cargo tank vehicles with two or three permanent axles
6when delivering propane for emergency heating purposes if the
7cargo tank is loaded at no more than 50 percent capacity, the
8gross vehicle weight of the vehicle does not exceed 32,000
9pounds, and the driver of the cargo tank vehicle notifies the
10appropriate agency or agencies with jurisdiction over the
11highway before driving the vehicle on the highway pursuant to
12this subsection. The cargo tank vehicle must have an operating
13gauge on the cargo tank which indicates the amount of propane
14as a percent of capacity of the cargo tank. The cargo tank must
15have the capacity displayed on the cargo tank, or documentation
16of the capacity of the cargo tank must be available in the
17vehicle. For the purposes of this subsection, propane weighs
184.2 pounds per gallon. This subsection does not apply to
19municipalities. Nothing in this subsection shall allow cargo
20tank vehicles to cross bridges with posted weight restrictions
21if the vehicle exceeds the posted weight limit.
22(Source: P.A. 96-1337, eff. 1-1-11.)".