Full Text of HB2367 98th General Assembly
HB2367ham002 98TH GENERAL ASSEMBLY | 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 | 3 | | replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing 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 | 9 | | restrict right to use highways.
| 10 | | (a) Except as provided in subsection (g), local authorities | 11 | | with
respect to highways under their jurisdiction may by | 12 | | ordinance or resolution
prohibit the operation of vehicles upon | 13 | | any such highway or impose
restrictions as to the weight of | 14 | | vehicles to be operated upon any such
highway, for a total | 15 | | period of not to exceed 90 days in any one calendar
year, | 16 | | whenever any said highway by reason of deterioration, rain, |
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| 1 | | snow, or
other climate conditions will be seriously damaged or | 2 | | destroyed unless the
use of vehicles thereon is prohibited or | 3 | | the permissible weights thereof
reduced.
| 4 | | (b) The local authority
enacting any such ordinance or | 5 | | resolution shall erect or cause to be erected
and maintained | 6 | | signs designating the provision of the ordinance or resolution
| 7 | | at each end of that portion of any highway affected thereby, | 8 | | and the ordinance
or resolution shall not be effective unless | 9 | | and until such signs are erected
and maintained.
| 10 | | (c) Local authorities , with exception of road districts as | 11 | | provided in subsection (c-5) of this Section, with
respect to | 12 | | highways under their jurisdiction may also, by ordinance or
| 13 | | resolution, prohibit the operation of trucks or other | 14 | | commercial vehicles,
or may impose limitations as the weight | 15 | | thereof, on designated highways, which
prohibitions and | 16 | | limitations shall be designated by appropriate signs placed on
| 17 | | such highways.
| 18 | | (c-1) (Blank).
| 19 | | (c-5) Highway commissioners, as used in the Illinois | 20 | | Highway Code, with respect to highways under their jurisdiction | 21 | | may, after conducting a public hearing and approving a | 22 | | resolution, prohibit the operation of trucks or other | 23 | | commercial vehicles, or may impose limitation on the weight | 24 | | thereof, on designated highways, which prohibition and | 25 | | limitation shall be designated by appropriate signs placed on | 26 | | these highways with written approval of the county |
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| 1 | | superintendent of highways. If any highway commissioner fails | 2 | | or refuses to change or evaluate a permanently reduced weight | 3 | | limit on any road or section of a road in his or her district | 4 | | within 10 days after he or she is given a notice in writing | 5 | | signed by 3 persons that own land in the road district that the | 6 | | road or section of a road should not be permanently posted at a | 7 | | reduced weight limit, the 3 landowners whose request was not | 8 | | complied with may petition the county superintendent of | 9 | | highways that the road or section thereof is in need of | 10 | | evaluation or change of the permanently reduced weight limit by | 11 | | the highway commissioner. The county superintendent of | 12 | | highways shall set a day, not less than 10 nor more than 20 | 13 | | days after the petition is filed with him or her, for hearing | 14 | | the complaint alleged in the petition, and shall post notice of | 15 | | the hearing not less than 10 days prior to the hearing in a | 16 | | newspaper of general circulation in the road district | 17 | | containing the road or section of road described in the | 18 | | petition and also by delivering a copy of the notice to the | 19 | | commissioner or mailing a copy of the petition to the | 20 | | commissioner.
If the county superintendent of highways | 21 | | determines as a result of the hearing that the road described | 22 | | in the petition is in need of a change in the permanently | 23 | | reduced weight limit by the highway commissioner of the | 24 | | district, he or she shall order the highway commissioner of the | 25 | | district to make any necessary change to the posted weight | 26 | | limit.
If any highway commissioner wilfully disobeys the order |
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| 1 | | of the county superintendent of highways issued under this | 2 | | Section, when there are sufficient funds to permit compliance | 3 | | with the order, he or she shall be guilty of a petty offense, | 4 | | and shall upon proper proceedings being brought in the circuit | 5 | | court of the county, be subject to removal from office. | 6 | | (d) The Department shall likewise have authority as | 7 | | hereinbefore
granted to local authorities to
determine by | 8 | | resolution and to impose restrictions as to the weight of | 9 | | vehicles
operated upon any highway under the jurisdiction of | 10 | | said department, and such
restrictions shall be effective when | 11 | | signs giving notice thereof are erected
upon the highway or | 12 | | portion 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 | 16 | | Section, the owner
or driver of the vehicle shall be deemed | 17 | | guilty of a violation and either the
owner or the driver of the | 18 | | vehicle may be prosecuted for the violation. Any
person, firm, | 19 | | or corporation convicted of violating this Section shall be | 20 | | fined
$50 for any weight exceeding the posted limit up to the | 21 | | axle or gross weight
limit allowed a vehicle as provided for in | 22 | | subsections (a) or (b) of Section
15-111 and $75 per every 500 | 23 | | pounds or fraction thereof for any weight
exceeding that which | 24 | | is provided for in subsections (a) or
(b) of Section 15-111.
| 25 | | (f) A municipality is authorized to enforce a county weight | 26 | | limit
ordinance applying to county highways within its |
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| 1 | | corporate limits and is
entitled to the proceeds of any fines | 2 | | collected from the enforcement.
| 3 | | (g) An ordinance or resolution enacted by a county or | 4 | | township pursuant to subsection (a) of this Section shall not | 5 | | apply to cargo tank vehicles with two or three permanent axles | 6 | | when delivering propane for emergency heating purposes if the | 7 | | cargo tank is loaded at no more than 50 percent capacity, the | 8 | | gross vehicle weight of the vehicle does not exceed 32,000 | 9 | | pounds, and the driver of the cargo tank vehicle notifies the | 10 | | appropriate agency or agencies with jurisdiction over the | 11 | | highway before driving the vehicle on the highway pursuant to | 12 | | this subsection. The cargo tank vehicle must have an operating | 13 | | gauge on the cargo tank which indicates the amount of propane | 14 | | as a percent of capacity of the cargo tank. The cargo tank must | 15 | | have the capacity displayed on the cargo tank, or documentation | 16 | | of the capacity of the cargo tank must be available in the | 17 | | vehicle. For the purposes of this subsection, propane weighs | 18 | | 4.2 pounds per gallon. This subsection does not apply to | 19 | | municipalities. Nothing in this subsection shall allow cargo | 20 | | tank
vehicles
to cross bridges with posted weight restrictions | 21 | | if the vehicle exceeds the posted weight limit. | 22 | | (Source: P.A. 96-1337, eff. 1-1-11.)".
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