093_HB0412

 
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 1        AN ACT in relation to vehicles.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 5    changing Section 15-109.1 as follows:

 6        (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
 7        Sec. 15-109.1.  Covers or tarpaulins required for certain
 8    loads.
 9        (a)  No person shall operate or cause to be operated,  on
10    a  highway,  any  second  division  vehicle loaded with dirt,
11    aggregate, garbage, refuse, or other similar  material,  when
12    any  portion  of  the  load  is  falling,  sifting,  blowing,
13    dropping or in any way escaping from the vehicle.
14        (b)  No  person shall operate or cause to be operated, on
15    a highway, any second division vehicle having a gross vehicle
16    weight rating of 8,000  pounds  or  more  loaded  with  dirt,
17    aggregate,  garbage,  refuse, or other similar material in or
18    on any part of the vehicle other than in the cargo area.   In
19    addition,  no  person  shall  operate  on  any  highway, such
20    vehicle unless the tailgate on the vehicle is in good  repair
21    and  operating condition and closes securely so as to prevent
22    any load, residue, or other material from escaping.
23        (c)  This Section does shall not apply to  the  operation
24    of  highway maintenance vehicles engaged in removing snow and
25    ice from the roadway, nor to implements of husbandry or other
26    farm vehicles while transporting agricultural products to  or
27    from the original place  of production.
28        (d)  For  the  purpose  of this Section "aggregate" shall
29    include all ores, minerals, sand, gravel, shale, coal,  clay,
30    limestone or any other ore or mineral which may be mined.
31        (e)  Notwithstanding any other penalty, whenever a police
 
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 1    officer  determines  that  the  operator  of  a vehicle is in
 2    violation of this Section, as evidenced by the issuance of  a
 3    citation for a violation of Section 15-109.1 of this Code, or
 4    where  a police officer determines that a dangerous condition
 5    exists whereby any portion of the load may fall, sift,  blow,
 6    drop,  or  in  any  way  escape or fall from the vehicle, the
 7    police officer shall require the operator to stop the vehicle
 8    in a suitable place and keep such  vehicle  stationary  until
 9    the  load has either been reduced, secured, or covered with a
10    cover or tarpaulin of sufficient size to prevent any  further
11    violation of this Section.
12        (f)  Any  violation  of  the  provisions  of this Section
13    shall be a petty offense punishable by a fine not  to  exceed
14    $250.
15    (Source: P.A. 91-858, eff. 1-1-01.)