Illinois General Assembly - Full Text of HB5749
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Full Text of HB5749  100th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 15-301 and 15-312 as follows:
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits for excess size and weight.
8    (a) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or printed
19form may only be accepted from and issued to the company or
20individual making the movement. Except for an application to
21move directly across a highway, it shall be the duty of the
22applicant to establish in the application that the load to be
23moved by such vehicle or combination cannot reasonably be



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



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



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



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1discretion and upon application in writing may issue a special
2permit for limited continuous operation, authorizing the
3applicant to move loads of agricultural commodities on a 2-axle
42 axle single vehicle registered by the Secretary of State with
5axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
6vehicle registered by the Secretary of State with axle loads
7not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
8the Secretary of State not to exceed 10% above those provided
9in Section 15-111. The total gross weight of the vehicle,
10however, may not exceed the maximum gross weight of the
11registration class of the vehicle allowed under Section 3-815
12or 3-818 of this Code.
13    As used in this Section, "agricultural commodities" means:
14        (1) cultivated plants or agricultural produce grown
15    including, but is not limited to, corn, soybeans, wheat,
16    oats, grain sorghum, canola, and rice;
17        (2) livestock, including, but not limited to, hogs,
18    equine, sheep, and poultry;
19        (3) ensilage; and
20        (4) fruits and vegetables.
21    Permits may be issued for a period not to exceed 40 days
22and moves may be made of a distance not to exceed 50 miles from
23a field, an on-farm grain storage facility, a warehouse as
24defined in the Illinois Grain Code, or a livestock management
25facility as defined in the Livestock Management Facilities Act
26over any highway except the National System of Interstate and



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1Defense Highways. The operator of the vehicle, however, must
2abide by posted bridge and posted highway weight limits. All
3implements of husbandry operating under this Section between
4sunset and sunrise shall be equipped as prescribed in Section
6    (e-1) A Upon a declaration by the Governor that an
7emergency harvest situation exists, a special permit shall be
8issued by the Department under this Section and shall be
9required from September 1 through December 31 during harvest
10season emergencies for a vehicle that exceeds the maximum axle
11weight and gross weight limits under Section 15-111 of this
12Code or exceeds the vehicle's registered gross weight, provided
13that the vehicle's axle weight and gross weight do not exceed
1410% above the maximum limits under Section 15-111 of this Code
15and does not exceed the vehicle's registered gross weight by
1610%. All other restrictions that apply to permits issued under
17this Section shall apply during the declared time period and no
18fee shall be charged for the issuance of those permits. Permits
19issued by the Department under this subsection (e-1) are only
20valid on federal and State highways under the jurisdiction of
21the Department, except interstate highways. With respect to
22highways under the jurisdiction of local authorities, the local
23authorities may, at their discretion, waive special permit
24requirements during harvest season emergencies, and set a
25divisible load weight limit not to exceed 10% above a vehicle's
26registered gross weight, provided that the vehicle's axle



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1weight and gross weight do not exceed 10% above the maximum
2limits specified in Section 15-111. Permits issued under this
3subsection (e-1) shall apply to all registered vehicles
4eligible to obtain permits under this Section, including
5vehicles used in private or for-hire movement of divisible load
6agricultural commodities during the declared time period.
7    (f) The form and content of the permit shall be determined
8by the Department with respect to highways under its
9jurisdiction and by local authorities with respect to highways
10under their jurisdiction. Every permit shall be in written form
11and carried in the vehicle or combination of vehicles to which
12it refers and shall be open to inspection by any police officer
13or authorized agent of any authority granting the permit and no
14person shall violate any of the terms or conditions of such
15special permit. Violation of the terms and conditions of the
16permit shall not be deemed a revocation of the permit; however,
17any vehicle and load found to be off the route prescribed in
18the permit shall be held to be operating without a permit. Any
19off route vehicle and load shall be required to obtain a new
20permit or permits, as necessary, to authorize the movement back
21onto the original permit routing. No rule or regulation, nor
22anything herein shall be construed to authorize any police
23officer, court, or authorized agent of any authority granting
24the permit to remove the permit from the possession of the
25permittee unless the permittee is charged with a fraudulent
26permit violation as provided in subsection paragraph (i).



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1However, upon arrest for an offense of violation of permit,
2operating without a permit when the vehicle is off route, or
3any size or weight offense under this Chapter when the
4permittee plans to raise the issuance of the permit as a
5defense, the permittee, or his agent, must produce the permit
6at any court hearing concerning the alleged offense.
7    If the permit designates and includes a routing to a
8certified scale, the permittee, while enroute to the designated
9scale, shall be deemed in compliance with the weight provisions
10of the permit provided the axle or gross weights do not exceed
11any of the permitted limits by more than the following amounts:
12        Single axle               2000 pounds
13        Tandem axle               3000 pounds
14        Gross                     5000 pounds
15    (g) The Department is authorized to adopt, amend, and to
16make available to interested persons a policy concerning
17reasonable rules, limitations and conditions or provisions of
18operation upon highways under its jurisdiction in addition to
19those contained in this Section for the movement by special
20permit of vehicles, combinations, or loads which cannot
21reasonably be dismantled or disassembled, including
22manufactured and modular home sections and portions thereof.
23All rules, limitations and conditions or provisions adopted in
24the policy shall have due regard for the safety of the
25traveling public and the protection of the highway system and
26shall have been promulgated in conformity with the provisions



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1of the Illinois Administrative Procedure Act. The requirements
2of the policy for flagmen and escort vehicles shall be the same
3for all moves of comparable size and weight. When escort
4vehicles are required, they shall meet the following
6        (1) All operators shall be 18 years of age or over and
7    properly licensed to operate the vehicle.
8        (2) Vehicles escorting oversized loads more than
9    12-feet wide must be equipped with a rotating or flashing
10    amber light mounted on top as specified under Section
11    12-215.
12    The Department shall establish reasonable rules and
13regulations regarding liability insurance or self insurance
14for vehicles with oversized loads promulgated under the
15Illinois Administrative Procedure Act. Police vehicles may be
16required for escort under circumstances as required by rules
17and regulations of the Department.
18    (h) Violation of any rule, limitation or condition or
19provision of any permit issued in accordance with the
20provisions of this Section shall not render the entire permit
21null and void but the violator shall be deemed guilty of
22violation of permit and guilty of exceeding any size, weight or
23load limitations in excess of those authorized by the permit.
24The prescribed route or routes on the permit are not mere
25rules, limitations, conditions, or provisions of the permit,
26but are also the sole extent of the authorization granted by



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1the permit. If a vehicle and load are found to be off the route
2or routes prescribed by any permit authorizing movement, the
3vehicle and load are operating without a permit. Any off-route
4off route movement shall be subject to the size and weight
5maximums, under the applicable provisions of this Chapter, as
6determined by the type or class highway upon which the vehicle
7and load are being operated.
8    (i) Whenever any vehicle is operated or movement made under
9a fraudulent permit the permit shall be void, and the person,
10firm, or corporation to whom such permit was granted, the
11driver of such vehicle in addition to the person who issued
12such permit and any accessory, shall be guilty of fraud and
13either one or all persons may be prosecuted for such violation.
14Any person, firm, or corporation committing such violation
15shall be guilty of a Class 4 felony and the Department shall
16not issue permits to the person, firm or corporation convicted
17of such violation for a period of one year after the date of
18conviction. Penalties for violations of this Section shall be
19in addition to any penalties imposed for violation of other
20Sections of this Code Act.
21    (j) Whenever any vehicle is operated or movement made in
22violation of a permit issued in accordance with this Section,
23the person to whom such permit was granted, or the driver of
24such vehicle, is guilty of such violation and either, but not
25both, persons may be prosecuted for such violation as stated in
26this subsection (j). Any person, firm or corporation convicted



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1of such violation shall be guilty of a petty offense and shall
2be fined for the first offense, not less than $50 nor more than
3$200 and, for the second offense by the same person, firm or
4corporation within a period of one year, not less than $200 nor
5more than $300 and, for the third offense by the same person,
6firm or corporation within a period of one year after the date
7of the first offense, not less than $300 nor more than $500 and
8the Department shall not issue permits to the person, firm or
9corporation convicted of a third offense during a period of one
10year after the date of conviction for such third offense.
11    (k) Whenever any vehicle is operated on local roads under
12permits for excess width or length issued by local authorities,
13such vehicle may be moved upon a State highway for a distance
14not to exceed one-half mile without a permit for the purpose of
15crossing the State highway.
16    (l) Notwithstanding any other provision of this Section,
17the Department, with respect to highways under its
18jurisdiction, and local authorities, with respect to highways
19under their jurisdiction, may at their discretion authorize the
20movement of a vehicle in violation of any size or weight
21requirement, or both, that would not ordinarily be eligible for
22a permit, when there is a showing of extreme necessity that the
23vehicle and load should be moved without unnecessary delay.
24    For the purpose of this subsection, showing of extreme
25necessity shall be limited to the following: shipments of
26livestock, hazardous materials, liquid concrete being hauled



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



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



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1public, whether dismantling or disassembling the load promotes
2or stifles economic development and whether the proposed route
3travels less than 5 miles. A load is not required to be
4dismantled or disassembled for the purposes of subsection
5paragraph (a) if the Secretary of the Department determines
6there will be no significant negative impact to pavement or
7structures along the proposed route, the proposed load or
8vehicle causes no safety hazard to the traveling public,
9dismantling or disassembling the load does not promote economic
10development and the proposed route travels less than 5 miles.
11The Department may promulgate rules for the purpose of
12establishing the divisibility of a load pursuant to subsection
13paragraph (a). Any load determined by the Secretary to be
14nondivisible shall otherwise comply with the existing size or
15weight maximums specified in this Chapter.
16(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
17revised 10-12-17.)
18    (625 ILCS 5/15-312)  (from Ch. 95 1/2, par. 15-312)
19    Sec. 15-312. Fees for Police Escort. When State Police
20escorts are required by the Department of Transportation for
21the safety of the motoring public, the following fees shall be
22paid by the applicant:
23        (1) to the Department of Transportation: $40 per hour
24    per vehicle based upon the pre-estimated time of the
25    movement to be agreed upon between the Department and the



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1    applicant, with a minimum fee of $80 per vehicle; and
2        (2) to the Illinois State Police: $75 $60 per hour per
3    State Police vehicle based upon the actual time of the
4    movement, with a minimum fee of $300 per State Police
5    vehicle. The Illinois State Police shall remit the moneys
6    to the State Treasurer, who shall deposit the moneys into
7    the Over Dimensional Load Police Escort Fund.
8    The actual time of the movement shall be the time the
9police escort is required to pick up the movement to the time
10the movement is completed. Any delays or breakdowns shall be
11considered part of the movement time. Any fraction of an hour
12shall be rounded up to the next whole hour.
13(Source: P.A. 95-787, eff. 1-1-09.)