Illinois General Assembly - Full Text of HB5749
Illinois General Assembly

Previous General Assemblies

Full Text of HB5749  100th General Assembly


Rep. Natalie Phelps Finnie

Filed: 4/23/2018





10000HB5749ham001LRB100 18124 LNS 39133 a


2    AMENDMENT NO. ______. Amend House Bill 5749 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 15-301 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



10000HB5749ham001- 2 -LRB100 18124 LNS 39133 a

1for the maintenance of which the party is responsible.
2Applications and permits other than those in written or printed
3form may only be accepted from and issued to the company or
4individual making the movement. Except for an application to
5move directly across a highway, it shall be the duty of the
6applicant to establish in the application that the load to be
7moved by such vehicle or combination cannot reasonably be
8dismantled or disassembled, the reasonableness of which shall
9be determined by the Secretary of the Department. For the
10purpose of over length movements, more than one object may be
11carried side by side as long as the height, width, and weight
12laws are not exceeded and the cause for the over length is not
13due to multiple objects. For the purpose of over height
14movements, more than one object may be carried as long as the
15cause for the over height is not due to multiple objects and
16the length, width, and weight laws are not exceeded. For the
17purpose of an over width movement, more than one object may be
18carried as long as the cause for the over width is not due to
19multiple objects and length, height, and weight laws are not
20exceeded. Except for transporting fluid milk products, no State
21or local agency shall authorize the issuance of excess size or
22weight permits for vehicles and loads that are divisible and
23that can be carried, when divided, within the existing size or
24weight maximums specified in this Chapter. Any excess size or
25weight permit issued in violation of the provisions of this
26Section shall be void at issue and any movement made thereunder



10000HB5749ham001- 3 -LRB100 18124 LNS 39133 a

1shall not be authorized under the terms of the void permit. In
2any prosecution for a violation of this Chapter when the
3authorization of an excess size or weight permit is at issue,
4it is the burden of the defendant to establish that the permit
5was valid because the load to be moved could not reasonably be
6dismantled or disassembled, or was otherwise nondivisible.
7    (b) The application for any such permit shall: (1) state
8whether such permit is requested for a single trip or for
9limited continuous operation; (2) state if the applicant is an
10authorized carrier under the Illinois Motor Carrier of Property
11Law, if so, his certificate, registration or permit number
12issued by the Illinois Commerce Commission; (3) specifically
13describe and identify the vehicle or vehicles and load to be
14operated or moved except that for vehicles or vehicle
15combinations registered by the Department as provided in
16Section 15-319 of this Chapter, only the Illinois Department of
17Transportation's (IDT) registration number or classification
18need be given; (4) state the routing requested including the
19points of origin and destination, and may identify and include
20a request for routing to the nearest certified scale in
21accordance with the Department's rules and regulations,
22provided the applicant has approval to travel on local roads;
23and (5) state if the vehicles or loads are being transported
24for hire. No permits for the movement of a vehicle or load for
25hire shall be issued to any applicant who is required under the
26Illinois Motor Carrier of Property Law to have a certificate,



10000HB5749ham001- 4 -LRB100 18124 LNS 39133 a

1registration or permit and does not have such certificate,
2registration or permit.
3    (c) The Department or local authority when not inconsistent
4with traffic safety is authorized to issue or withhold such
5permit at its discretion; or, if such permit is issued at its
6discretion to prescribe the route or routes to be traveled, to
7limit the number of trips, to establish seasonal or other time
8limitations within which the vehicles described may be operated
9on the highways indicated, or otherwise to limit or prescribe
10conditions of operations of such vehicle or vehicles, when
11necessary to assure against undue damage to the road
12foundations, surfaces or structures, and may require such
13undertaking or other security as may be deemed necessary to
14compensate for any injury to any roadway or road structure. The
15Department shall maintain a daily record of each permit issued
16along with the fee and the stipulated dimensions, weights,
17conditions and restrictions authorized and this record shall be
18presumed correct in any case of questions or dispute. The
19Department shall install an automatic device for recording
20applications received and permits issued by telephone. In
21making application by telephone, the Department and applicant
22waive all objections to the recording of the conversation.
23    (d) The Department shall, upon application in writing from
24any local authority, issue an annual permit authorizing the
25local authority to move oversize highway construction,
26transportation, utility and maintenance equipment over roads



10000HB5749ham001- 5 -LRB100 18124 LNS 39133 a

1under the jurisdiction of the Department. The permit shall be
2applicable only to equipment and vehicles owned by or
3registered in the name of the local authority, and no fee shall
4be charged for the issuance of such permits.
5    (e) As an exception to subsection paragraph (a) of this
6Section, the Department and local authorities, with respect to
7highways under their respective jurisdictions, in their
8discretion and upon application in writing may issue a special
9permit for limited continuous operation, authorizing the
10applicant to move loads of agricultural commodities on a 2-axle
112 axle single vehicle registered by the Secretary of State with
12axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
13vehicle registered by the Secretary of State with axle loads
14not to exceed 20%, and on a 5-axle 5 axle vehicle registered by
15the Secretary of State not to exceed 10% above those provided
16in Section 15-111. The total gross weight of the vehicle,
17however, may not exceed the maximum gross weight of the
18registration class of the vehicle allowed under Section 3-815
19or 3-818 of this Code.
20    As used in this Section, "agricultural commodities" means:
21        (1) cultivated plants or agricultural produce grown
22    including, but is not limited to, corn, soybeans, wheat,
23    oats, grain sorghum, canola, and rice;
24        (2) livestock, including, but not limited to, hogs,
25    equine, sheep, and poultry;
26        (3) ensilage; and



10000HB5749ham001- 6 -LRB100 18124 LNS 39133 a

1        (4) fruits and vegetables.
2    Permits may be issued for a period not to exceed 40 days
3and moves may be made of a distance not to exceed 50 miles from
4a field, an on-farm grain storage facility, a warehouse as
5defined in the Illinois Grain Code, or a livestock management
6facility as defined in the Livestock Management Facilities Act
7over any highway except the National System of Interstate and
8Defense Highways. The operator of the vehicle, however, must
9abide by posted bridge and posted highway weight limits. All
10implements of husbandry operating under this Section between
11sunset and sunrise shall be equipped as prescribed in Section
13    (e-1) Upon a declaration by the Governor that an emergency
14harvest situation exists, a special permit issued by the
15Department under this Section shall be required from September
161 through December 31 during harvest season emergencies for a
17vehicle that exceeds the maximum axle weight and gross weight
18limits under Section 15-111 of this Code or exceeds the
19vehicle's registered gross weight, provided that the vehicle's
20axle weight and gross weight do not exceed 10% above the
21maximum limits under Section 15-111 of this Code and does not
22exceed the vehicle's registered gross weight by 10%. All other
23restrictions that apply to permits issued under this Section
24shall apply during the declared time period and no fee shall be
25charged for the issuance of those permits. Permits issued by
26the Department under this subsection (e-1) are only valid on



10000HB5749ham001- 7 -LRB100 18124 LNS 39133 a

1federal and State highways under the jurisdiction of the
2Department, except interstate highways. With respect to
3highways under the jurisdiction of local authorities, the local
4authorities may, at their discretion, waive special permit
5requirements during harvest season emergencies, and set a
6divisible load weight limit not to exceed 10% above a vehicle's
7registered gross weight, provided that the vehicle's axle
8weight and gross weight do not exceed 10% above the maximum
9limits specified in Section 15-111. Permits issued under this
10subsection (e-1) shall apply to all registered vehicles
11eligible to obtain permits under this Section, including
12vehicles used in private or for-hire movement of divisible load
13agricultural commodities during the declared time period.
14    (e-5) As an exemption to subsection (a), the Department and
15local authorities, with respect to highways under their
16respective jurisdictions, in their discretion and upon
17application in writing may issue a special permit authorizing
18the applicant to move loads of agricultural commodities if: (i)
19the vehicle's axle weight and gross weight do not exceed 10%
20above the maximum limits under Section 15-111 of this Code; and
21(ii) the vehicle's gross weight does not exceed the vehicle's
22registered gross weight by 10%. All other restrictions that
23apply to permits issued under this Section shall apply.
24    Permits issued by the Department under this subsection
25(e-5) are valid only on federal and State highways under the
26jurisdiction of the Department other than interstate highways.



10000HB5749ham001- 8 -LRB100 18124 LNS 39133 a

1With respect to highways under the jurisdiction of a local
2authority, the local authority may, at its discretion, waive
3special permit requirements for highways under its
4jurisdiction for any vehicle issued a special permit by the
5Department under this Section.
6    The fee for a permit under this subsection shall be $500,
7to be deposited into the State Construction Account Fund.
8However, the fee for a combination of permits authorized by the
9Department for highways under its jurisdiction and local
10authorities for highways under their jurisdictions shall not
11exceed a total of $1,000.
12    (f) The form and content of the permit shall be determined
13by the Department with respect to highways under its
14jurisdiction and by local authorities with respect to highways
15under their jurisdiction. Every permit shall be in written form
16and carried in the vehicle or combination of vehicles to which
17it refers and shall be open to inspection by any police officer
18or authorized agent of any authority granting the permit and no
19person shall violate any of the terms or conditions of such
20special permit. Violation of the terms and conditions of the
21permit shall not be deemed a revocation of the permit; however,
22any vehicle and load found to be off the route prescribed in
23the permit shall be held to be operating without a permit. Any
24off route vehicle and load shall be required to obtain a new
25permit or permits, as necessary, to authorize the movement back
26onto the original permit routing. No rule or regulation, nor



10000HB5749ham001- 9 -LRB100 18124 LNS 39133 a

1anything herein shall be construed to authorize any police
2officer, court, or authorized agent of any authority granting
3the permit to remove the permit from the possession of the
4permittee unless the permittee is charged with a fraudulent
5permit violation as provided in subsection paragraph (i).
6However, upon arrest for an offense of violation of permit,
7operating without a permit when the vehicle is off route, or
8any size or weight offense under this Chapter when the
9permittee plans to raise the issuance of the permit as a
10defense, the permittee, or his agent, must produce the permit
11at any court hearing concerning the alleged offense.
12    If the permit designates and includes a routing to a
13certified scale, the permittee, while enroute to the designated
14scale, shall be deemed in compliance with the weight provisions
15of the permit provided the axle or gross weights do not exceed
16any of the permitted limits by more than the following amounts:
17        Single axle               2000 pounds
18        Tandem axle               3000 pounds
19        Gross                     5000 pounds
20    (g) The Department is authorized to adopt, amend, and to
21make available to interested persons a policy concerning
22reasonable rules, limitations and conditions or provisions of
23operation upon highways under its jurisdiction in addition to
24those contained in this Section for the movement by special
25permit of vehicles, combinations, or loads which cannot
26reasonably be dismantled or disassembled, including



10000HB5749ham001- 10 -LRB100 18124 LNS 39133 a

1manufactured and modular home sections and portions thereof.
2All rules, limitations and conditions or provisions adopted in
3the policy shall have due regard for the safety of the
4traveling public and the protection of the highway system and
5shall have been promulgated in conformity with the provisions
6of the Illinois Administrative Procedure Act. The requirements
7of the policy for flagmen and escort vehicles shall be the same
8for all moves of comparable size and weight. When escort
9vehicles are required, they shall meet the following
11        (1) All operators shall be 18 years of age or over and
12    properly licensed to operate the vehicle.
13        (2) Vehicles escorting oversized loads more than
14    12-feet wide must be equipped with a rotating or flashing
15    amber light mounted on top as specified under Section
16    12-215.
17    The Department shall establish reasonable rules and
18regulations regarding liability insurance or self insurance
19for vehicles with oversized loads promulgated under the
20Illinois Administrative Procedure Act. Police vehicles may be
21required for escort under circumstances as required by rules
22and regulations of the Department.
23    (h) Violation of any rule, limitation or condition or
24provision of any permit issued in accordance with the
25provisions of this Section shall not render the entire permit
26null and void but the violator shall be deemed guilty of



10000HB5749ham001- 11 -LRB100 18124 LNS 39133 a

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



10000HB5749ham001- 12 -LRB100 18124 LNS 39133 a

1violation of a permit issued in accordance with this Section,
2the person to whom such permit was granted, or the driver of
3such vehicle, is guilty of such violation and either, but not
4both, persons may be prosecuted for such violation as stated in
5this subsection (j). Any person, firm or corporation convicted
6of such violation shall be guilty of a petty offense and shall
7be fined for the first offense, not less than $50 nor more than
8$200 and, for the second offense by the same person, firm or
9corporation within a period of one year, not less than $200 nor
10more than $300 and, for the third offense by the same person,
11firm or corporation within a period of one year after the date
12of the first offense, not less than $300 nor more than $500 and
13the Department shall not issue permits to the person, firm or
14corporation convicted of a third offense during a period of one
15year after the date of conviction for such third offense.
16    (k) Whenever any vehicle is operated on local roads under
17permits for excess width or length issued by local authorities,
18such vehicle may be moved upon a State highway for a distance
19not to exceed one-half mile without a permit for the purpose of
20crossing the State highway.
21    (l) Notwithstanding any other provision of this Section,
22the Department, with respect to highways under its
23jurisdiction, and local authorities, with respect to highways
24under their jurisdiction, may at their discretion authorize the
25movement of a vehicle in violation of any size or weight
26requirement, or both, that would not ordinarily be eligible for



10000HB5749ham001- 13 -LRB100 18124 LNS 39133 a

1a permit, when there is a showing of extreme necessity that the
2vehicle and load should be moved without unnecessary delay.
3    For the purpose of this subsection, showing of extreme
4necessity shall be limited to the following: shipments of
5livestock, hazardous materials, liquid concrete being hauled
6in a mobile cement mixer, or hot asphalt.
7    (m) Penalties for violations of this Section shall be in
8addition to any penalties imposed for violating any other
9Section of this Code.
10    (n) The Department with respect to highways under its
11jurisdiction and local authorities with respect to highways
12under their jurisdiction, in their discretion and upon
13application in writing, may issue a special permit for
14continuous limited operation, authorizing the applicant to
15operate a tow truck tow-truck that exceeds the weight limits
16provided for in subsection (a) of Section 15-111, provided:
17        (1) no rear single axle of the tow truck tow-truck
18    exceeds 26,000 pounds;
19        (2) no rear tandem axle of the tow truck tow-truck
20    exceeds 50,000 pounds;
21        (2.1) no triple rear axle on a manufactured recovery
22    unit exceeds 60,000 pounds;
23        (3) neither the disabled vehicle nor the disabled
24    combination of vehicles exceed the weight restrictions
25    imposed by this Chapter 15, or the weight limits imposed
26    under a permit issued by the Department prior to hookup;



10000HB5749ham001- 14 -LRB100 18124 LNS 39133 a

1        (4) the tow truck tow-truck prior to hookup does not
2    exceed the weight restrictions imposed by this Chapter 15;
3        (5) during the tow operation the tow truck tow-truck
4    does not violate any weight restriction sign;
5        (6) the tow truck tow-truck is equipped with flashing,
6    rotating, or oscillating amber lights, visible for at least
7    500 feet in all directions;
8        (7) the tow truck tow-truck is specifically designed
9    and licensed as a tow truck tow-truck;
10        (8) the tow truck tow-truck has a gross vehicle weight
11    rating of sufficient capacity to safely handle the load;
12        (9) the tow truck tow-truck is equipped with air
13    brakes;
14        (10) the tow truck tow-truck is capable of utilizing
15    the lighting and braking systems of the disabled vehicle or
16    combination of vehicles;
17        (11) the tow commences at the initial point of wreck or
18    disablement and terminates at a point where the repairs are
19    actually to occur;
20        (12) the permit issued to the tow truck tow-truck is
21    carried in the tow truck tow-truck and exhibited on demand
22    by a police officer; and
23        (13) the movement shall be valid only on State state
24    routes approved by the Department.
25    (o) (Blank).
26    (p) In determining whether a load may be reasonably



10000HB5749ham001- 15 -LRB100 18124 LNS 39133 a

1dismantled or disassembled for the purpose of subsection
2paragraph (a), the Department shall consider whether there is a
3significant negative impact on the condition of the pavement
4and structures along the proposed route, whether the load or
5vehicle as proposed causes a safety hazard to the traveling
6public, whether dismantling or disassembling the load promotes
7or stifles economic development and whether the proposed route
8travels less than 5 miles. A load is not required to be
9dismantled or disassembled for the purposes of subsection
10paragraph (a) if the Secretary of the Department determines
11there will be no significant negative impact to pavement or
12structures along the proposed route, the proposed load or
13vehicle causes no safety hazard to the traveling public,
14dismantling or disassembling the load does not promote economic
15development and the proposed route travels less than 5 miles.
16The Department may promulgate rules for the purpose of
17establishing the divisibility of a load pursuant to subsection
18paragraph (a). Any load determined by the Secretary to be
19nondivisible shall otherwise comply with the existing size or
20weight maximums specified in this Chapter.
21(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
22revised 10-12-17.)
23    Section 99. Effective date. This Act takes effect July 1,