Illinois General Assembly - Full Text of SB3098
Illinois General Assembly

Previous General Assemblies

Full Text of SB3098  100th General Assembly

SB3098 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB3098

 

Introduced 2/15/2018, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-111  from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Provides that the Department of Transportation may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon any State or local highway. Deletes language providing that local authorities may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon local highways under their jurisdiction. Makes conforming changes. Effective January 1, 2023.


LRB100 17174 LNS 32329 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3098LRB100 17174 LNS 32329 b

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 15-111 and 15-301 as follows:
 
6    (625 ILCS 5/15-111)  (from Ch. 95 1/2, par. 15-111)
7    Sec. 15-111. Wheel and axle loads and gross weights.
8    (a) No vehicle or combination of vehicles with pneumatic
9tires may be operated, unladen or with load, when the total
10weight on the road surface exceeds the following: 20,000 pounds
11on a single axle; 34,000 pounds on a tandem axle with no axle
12within the tandem exceeding 20,000 pounds; 80,000 pounds gross
13weight for vehicle combinations of 5 or more axles; or a total
14weight on a group of 2 or more consecutive axles in excess of
15that weight produced by the application of the following
16formula: W = 500 times the sum of (LN divided by N-1) + 12N +
1736, where "W" equals overall total weight on any group of 2 or
18more consecutive axles to the nearest 500 pounds, "L" equals
19the distance measured to the nearest foot between extremes of
20any group of 2 or more consecutive axles, and "N" equals the
21number of axles in the group under consideration.
22    The above formula when expressed in tabular form results in
23allowable loads as follows:
 

 

 

SB3098- 2 -LRB100 17174 LNS 32329 b

1Distance measured
2to the nearest
3foot between the
4extremes of any         Maximum weight in pounds
5group of 2 or           of any group of
6more consecutive        2 or more consecutive axles
7axles
8feet2 axles3 axles4 axles5 axles6 axles
9434,000
10534,000
11634,000
12734,000
13838,000*42,000
14939,00042,500
151040,00043,500
161144,000
171245,00050,000
181345,50050,500
191446,50051,500
201547,00052,000
211648,00052,50058,000
221748,50053,50058,500
231849,50054,00059,000
241950,00054,50060,000
252051,00055,50060,50066,000

 

 

SB3098- 3 -LRB100 17174 LNS 32329 b

12151,50056,00061,00066,500
22252,50056,50061,50067,000
32353,00057,50062,50068,000
42454,00058,00063,00068,500
52554,50058,50063,50069,000
62655,50059,50064,00069,500
72756,00060,00065,00070,000
82857,00060,50065,50071,000
92957,50061,50066,00071,500
103058,50062,00066,50072,000
113159,00062,50067,50072,500
123260,00063,50068,00073,000
133364,00068,50074,000
143464,50069,00074,500
153565,50070,00075,000
163666,00070,50075,500
173766,50071,00076,000
183867,50072,00077,000
193968,00072,50077,500
204068,50073,00078,000
214169,50073,50078,500
224270,00074,00079,000
234370,50075,00080,000
244471,50075,500
254572,00076,000
264672,50076,500

 

 

SB3098- 4 -LRB100 17174 LNS 32329 b

14773,50077,500
24874,00078,000
34974,50078,500
45075,50079,000
55176,00080,000
65276,500
75377,500
85478,000
95578,500
105679,500
115780,000
12*If the distance between 2 axles is 96 inches or less, the 2
13axles are tandem axles and the maximum total weight may not
14exceed 34,000 pounds, notwithstanding the higher limit
15resulting from the application of the formula.
16    Vehicles not in a combination having more than 4 axles may
17not exceed the weight in the table in this subsection (a) for 4
18axles measured between the extreme axles of the vehicle.
19    Vehicles in a combination having more than 6 axles may not
20exceed the weight in the table in this subsection (a) for 6
21axles measured between the extreme axles of the combination.
22    Local authorities, with respect to streets and highways
23under their jurisdiction, without additional fees, may also by
24ordinance or resolution allow the weight limitations of this
25subsection, provided the maximum gross weight on any one axle
26shall not exceed 20,000 pounds and the maximum total weight on

 

 

SB3098- 5 -LRB100 17174 LNS 32329 b

1any tandem axle shall not exceed 34,000 pounds, on designated
2highways when appropriate regulatory signs giving notice are
3erected upon the street or highway or portion of any street or
4highway affected by the ordinance or resolution.
5    The following are exceptions to the above formula:
6        (1) Vehicles for which a different limit is established
7    and posted in accordance with Section 15-316 of this Code.
8        (2) Vehicles for which the Department of
9    Transportation issues and local authorities issue
10    overweight permits under authority of Section 15-301 of
11    this Code. These vehicles are not subject to the bridge
12    formula.
13        (3) Cities having a population of more than 50,000 may
14    permit by ordinance axle loads on 2-axle motor vehicles 33
15    1/2% above those provided for herein, but the increase
16    shall not become effective until the city has officially
17    notified the Department of the passage of the ordinance and
18    shall not apply to those vehicles when outside of the
19    limits of the city, nor shall the gross weight of any
20    2-axle motor vehicle operating over any street of the city
21    exceed 40,000 pounds.
22        (4) Weight limitations shall not apply to vehicles
23    (including loads) operated by a public utility when
24    transporting equipment required for emergency repair of
25    public utility facilities or properties or water wells.
26        (4.5) A 3-axle or 4-axle vehicle (including when laden)

 

 

SB3098- 6 -LRB100 17174 LNS 32329 b

1    operated or hired by a municipality within Cook, Lake,
2    McHenry, Kane, DuPage, or Will county being operated for
3    the purpose of performing emergency sewer repair that would
4    be subject to a weight limitation less than 66,000 pounds
5    under the formula in this subsection (a) shall have a
6    weight limitation of 66,000 pounds or the vehicle's gross
7    vehicle weight rating, whichever is less. This paragraph
8    (4.5) does not apply to vehicles being operated on the
9    National System of Interstate and Defense Highways, or to
10    vehicles being operated on bridges or other elevated
11    structures constituting a part of a highway.
12        (5) Two consecutive sets of tandem axles may carry a
13    total weight of 34,000 pounds each if the overall distance
14    between the first and last axles of the consecutive sets of
15    tandem axles is 36 feet or more, notwithstanding the lower
16    limit resulting from the application of the above formula.
17        (6) A truck, not in combination and used exclusively
18    for the collection of rendering materials, may, when laden,
19    transmit upon the road surface, except when on part of the
20    National System of Interstate and Defense Highways, the
21    following maximum weights: 22,000 pounds on a single axle;
22    40,000 pounds on a tandem axle.
23        (7) A truck not in combination, equipped with a self
24    compactor or an industrial roll-off hoist and roll-off
25    container, used exclusively for garbage, refuse, or
26    recycling operations, may, when laden, transmit upon the

 

 

SB3098- 7 -LRB100 17174 LNS 32329 b

1    road surface, except when on part of the National System of
2    Interstate and Defense Highways, the following maximum
3    weights: 22,000 pounds on a single axle; 40,000 pounds on a
4    tandem axle; 40,000 pounds gross weight on a 2-axle
5    vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
6    This vehicle is not subject to the bridge formula.
7        (7.5) A 3-axle rear discharge truck mixer registered as
8    a Special Hauling Vehicle, used exclusively for the mixing
9    and transportation of concrete in the plastic state, may,
10    when laden, transmit upon the road surface, except when on
11    part of the National System of Interstate and Defense
12    Highways, the following maximum weights: 22,000 pounds on
13    single axle; 40,000 pounds on a tandem axle; 54,000 pounds
14    gross weight on a 3-axle vehicle. This vehicle is not
15    subject to the bridge formula.
16        (8) Except as provided in paragraph (7.5) of this
17    subsection (a), tandem axles on a 3-axle truck registered
18    as a Special Hauling Vehicle, manufactured prior to or in
19    the model year of 2024 and first registered in Illinois
20    prior to January 1, 2025, with a distance greater than 72
21    inches but not more than 96 inches between any series of 2
22    axles, is allowed a combined weight on the series not to
23    exceed 36,000 pounds and neither axle of the series may
24    exceed 20,000 pounds. Any vehicle of this type manufactured
25    after the model year of 2024 or first registered in
26    Illinois after December 31, 2024 may not exceed a combined

 

 

SB3098- 8 -LRB100 17174 LNS 32329 b

1    weight of 34,000 pounds through the series of 2 axles and
2    neither axle of the series may exceed 20,000 pounds.
3        A 3-axle combination sewer cleaning jetting vacuum
4    truck registered as a Special Hauling Vehicle, used
5    exclusively for the transportation of non-hazardous solid
6    waste, manufactured before or in the model year of 2014,
7    first registered in Illinois before January 1, 2015, may,
8    when laden, transmit upon the road surface, except when on
9    part of the National System of Interstate and Defense
10    Highways, the following maximum weights: 22,000 pounds on a
11    single axle; 40,000 pounds on a tandem axle; 54,000 pounds
12    gross weight on a 3-axle vehicle. This vehicle is not
13    subject to the bridge formula.
14        (9) A 4-axle truck mixer registered as a Special
15    Hauling Vehicle, used exclusively for the mixing and
16    transportation of concrete in the plastic state, and not
17    operated on a highway that is part of the National System
18    of Interstate Highways, is allowed the following maximum
19    weights: 20,000 pounds on any single axle; 36,000 pounds on
20    a series of axles greater than 72 inches but not more than
21    96 inches; and 34,000 pounds on any series of 2 axles
22    greater than 40 inches but not more than 72 inches. The
23    gross weight of this vehicle may not exceed the weights
24    allowed by the bridge formula for 4 axles. The bridge
25    formula does not apply to any series of 3 axles while the
26    vehicle is transporting concrete in the plastic state, but

 

 

SB3098- 9 -LRB100 17174 LNS 32329 b

1    no axle or tandem axle of the series may exceed the maximum
2    weight permitted under this paragraph (9) of subsection
3    (a).
4        (10) Combinations of vehicles, registered as Special
5    Hauling Vehicles that include a semitrailer manufactured
6    prior to or in the model year of 2024, and registered in
7    Illinois prior to January 1, 2025, having 5 axles with a
8    distance of 42 feet or less between extreme axles, may not
9    exceed the following maximum weights: 20,000 pounds on a
10    single axle; 34,000 pounds on a tandem axle; and 72,000
11    pounds gross weight. This combination of vehicles is not
12    subject to the bridge formula. For all those combinations
13    of vehicles that include a semitrailer manufactured after
14    the effective date of P.A. 92-0417, the overall distance
15    between the first and last axles of the 2 sets of tandems
16    must be 18 feet 6 inches or more. Any combination of
17    vehicles that has had its cargo container replaced in its
18    entirety after December 31, 2024 may not exceed the weights
19    allowed by the bridge formula.
20        (11) The maximum weight allowed on a vehicle with
21    crawler type tracks is 40,000 pounds.
22        (12) A combination of vehicles, including a tow truck
23    and a disabled vehicle or disabled combination of vehicles,
24    that exceeds the weight restriction imposed by this Code,
25    may be operated on a public highway in this State provided
26    that neither the disabled vehicle nor any vehicle being

 

 

SB3098- 10 -LRB100 17174 LNS 32329 b

1    towed nor the tow truck itself shall exceed the weight
2    limitations permitted under this Chapter. During the
3    towing operation, neither the tow truck nor the vehicle
4    combination shall exceed 24,000 pounds on a single rear
5    axle and 44,000 pounds on a tandem rear axle, provided the
6    towing vehicle:
7            (i) is specifically designed as a tow truck having
8        a gross vehicle weight rating of at least 18,000 pounds
9        and is equipped with air brakes, provided that air
10        brakes are required only if the towing vehicle is
11        towing a vehicle, semitrailer, or tractor-trailer
12        combination that is equipped with air brakes;
13            (ii) is equipped with flashing, rotating, or
14        oscillating amber lights, visible for at least 500 feet
15        in all directions;
16            (iii) is capable of utilizing the lighting and
17        braking systems of the disabled vehicle or combination
18        of vehicles; and
19            (iv) does not engage in a tow exceeding 20 miles
20        from the initial point of wreck or disablement. Any
21        additional movement of the vehicles may occur only upon
22        issuance of authorization for that movement under the
23        provisions of Sections 15-301 through 15-319 of this
24        Code. The towing vehicle, however, may tow any disabled
25        vehicle to a point where repairs are actually to occur.
26        This movement shall be valid only on State routes. The

 

 

SB3098- 11 -LRB100 17174 LNS 32329 b

1        tower must abide by posted bridge weight limits.
2        (12.5) The vehicle weight limitations in this Section
3    do not apply to a covered heavy duty tow and recovery
4    vehicle. The covered heavy duty tow and recovery vehicle
5    license plate must cover the operating empty weight of the
6    covered heavy duty tow and recovery vehicle only.
7        (13) Upon and during a declaration of an emergency
8    propane supply disaster by the Governor under Section 7 of
9    the Illinois Emergency Management Agency Act:
10            (i) a truck not in combination, equipped with a
11        cargo tank, used exclusively for the transportation of
12        propane or liquefied petroleum gas may, when laden,
13        transmit upon the road surface, except when on part of
14        the National System of Interstate and Defense
15        Highways, the following maximum weights: 22,000 pounds
16        on a single axle; 40,000 pounds on a tandem axle;
17        40,000 pounds gross weight on a 2-axle vehicle; 54,000
18        pounds gross weight on a 3-axle vehicle; and
19            (ii) a truck when in combination with a trailer
20        equipped with a cargo tank used exclusively for the
21        transportation of propane or liquefied petroleum gas
22        may, when laden, transmit upon the road surface, except
23        when on part of the National System of Interstate and
24        Defense Highways, the following maximum weights:
25        22,000 pounds on a single axle; 40,000 pounds on a
26        tandem axle; 90,000 pounds gross weight on a 5-axle or

 

 

SB3098- 12 -LRB100 17174 LNS 32329 b

1        6-axle vehicle.
2        Vehicles operating under this paragraph (13) are not
3    subject to the bridge formula.
4        (14) A vehicle or combination of vehicles that uses
5    natural gas or propane gas as a motor fuel may exceed the
6    above weight limitations by up to 2,000 pounds, the total
7    allowance is calculated by an amount that is equal to the
8    difference between the weight of the vehicle attributable
9    to the natural gas or propane gas tank and fueling system
10    carried by the vehicle, and the weight of a comparable
11    diesel tank and fueling system. This paragraph (14) shall
12    not allow a vehicle to exceed any posted weight limit on a
13    highway or structure.
14        (15) An emergency vehicle or fire apparatus that is a
15    vehicle designed to be used under emergency conditions to
16    transport personnel and equipment, and used to support the
17    suppression of fires and mitigation of other hazardous
18    situations on a Class I highway, may not exceed 86,000
19    pounds gross weight, or any of the following weight
20    allowances:
21            (i) 24,000 pounds on a single steering axle;
22            (ii) 33,500 pounds on a single drive axle;
23            (iii) 62,000 pounds on a tandem axle; or
24            (iv) 52,000 pounds on a tandem rear drive steer
25        axle.
26        (16) A bus, motor coach, or recreational vehicle may

 

 

SB3098- 13 -LRB100 17174 LNS 32329 b

1    carry a total weight of 24,000 pounds on a single axle, but
2    may not exceed other weight provisions of this Section.
3    Gross weight limits shall not apply to the combination of
4the tow truck and vehicles being towed. The tow truck license
5plate must cover the operating empty weight of the tow truck
6only. The weight of each vehicle being towed shall be covered
7by a valid license plate issued to the owner or operator of the
8vehicle being towed and displayed on that vehicle. If no valid
9plate issued to the owner or operator of that vehicle is
10displayed on that vehicle, or the plate displayed on that
11vehicle does not cover the weight of the vehicle, the weight of
12the vehicle shall be covered by the third tow truck plate
13issued to the owner or operator of the tow truck and
14temporarily affixed to the vehicle being towed. If a roll-back
15carrier is registered and being used as a tow truck, however,
16the license plate or plates for the tow truck must cover the
17gross vehicle weight, including any load carried on the bed of
18the roll-back carrier.
19    The Department may by rule or regulation prescribe
20additional requirements. However, nothing in this Code shall
21prohibit a tow truck under instructions of a police officer
22from legally clearing a disabled vehicle, that may be in
23violation of weight limitations of this Chapter, from the
24roadway to the berm or shoulder of the highway. If in the
25opinion of the police officer that location is unsafe, the
26officer is authorized to have the disabled vehicle towed to the

 

 

SB3098- 14 -LRB100 17174 LNS 32329 b

1nearest place of safety.
2    For the purpose of this subsection, gross vehicle weight
3rating, or GVWR, means the value specified by the manufacturer
4as the loaded weight of the tow truck.
5    (b) As used in this Section, "recycling haul" or "recycling
6operation" means the hauling of non-hazardous, non-special,
7non-putrescible materials, such as paper, glass, cans, or
8plastic, for subsequent use in the secondary materials market.
9    (c) No vehicle or combination of vehicles equipped with
10pneumatic tires shall be operated, unladen or with load, upon
11the highways of this State in violation of the provisions of
12any permit issued under the provisions of Sections 15-301
13through 15-319 of this Chapter.
14    (d) No vehicle or combination of vehicles equipped with
15other than pneumatic tires may be operated, unladen or with
16load, upon the highways of this State when the gross weight on
17the road surface through any wheel exceeds 800 pounds per inch
18width of tire tread or when the gross weight on the road
19surface through any axle exceeds 16,000 pounds.
20    (e) No person shall operate a vehicle or combination of
21vehicles over a bridge or other elevated structure constituting
22part of a highway with a gross weight that is greater than the
23maximum weight permitted by the Department, when the structure
24is sign posted as provided in this Section.
25    (f) The Department upon request from any local authority
26shall, or upon its own initiative may, conduct an investigation

 

 

SB3098- 15 -LRB100 17174 LNS 32329 b

1of any bridge or other elevated structure constituting a part
2of a highway, and if it finds that the structure cannot with
3safety to itself withstand the weight of vehicles otherwise
4permissible under this Code the Department shall determine and
5declare the maximum weight of vehicles that the structures can
6withstand, and shall cause or permit suitable signs stating
7maximum weight to be erected and maintained before each end of
8the structure. No person shall operate a vehicle or combination
9of vehicles over any structure with a gross weight that is
10greater than the posted maximum weight.
11    (g) Upon the trial of any person charged with a violation
12of subsection (e) or (f) of this Section, proof of the
13determination of the maximum allowable weight by the Department
14and the existence of the signs, constitutes conclusive evidence
15of the maximum weight that can be maintained with safety to the
16bridge or structure.
17(Source: P.A. 99-78, eff. 7-20-15; 99-717, eff. 8-5-16;
18100-366, eff. 1-1-18.)
 
19    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
20    Sec. 15-301. Permits for excess size and weight.
21    (a) The Department, with respect to State and local
22highways, under its jurisdiction and local authorities with
23respect to highways under their jurisdiction may, in its their
24discretion, upon application and good cause being shown
25therefor, issue a special permit authorizing the applicant to

 

 

SB3098- 16 -LRB100 17174 LNS 32329 b

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

 

 

SB3098- 17 -LRB100 17174 LNS 32329 b

1vehicles and loads that are divisible and that can be carried,
2when divided, within the existing size or weight maximums
3specified in this Chapter. Any excess size or weight permit
4issued in violation of the provisions of this Section shall be
5void at issue and any movement made thereunder shall not be
6authorized under the terms of the void permit. In any
7prosecution for a violation of this Chapter when the
8authorization of an excess size or weight permit is at issue,
9it is the burden of the defendant to establish that the permit
10was valid because the load to be moved could not reasonably be
11dismantled or disassembled, or was otherwise nondivisible.
12    (b) The application for any such permit shall: (1) state
13whether such permit is requested for a single trip or for
14limited continuous operation; (2) state if the applicant is an
15authorized carrier under the Illinois Motor Carrier of Property
16Law, if so, his certificate, registration or permit number
17issued by the Illinois Commerce Commission; (3) specifically
18describe and identify the vehicle or vehicles and load to be
19operated or moved except that for vehicles or vehicle
20combinations registered by the Department as provided in
21Section 15-319 of this Chapter, only the Illinois Department of
22Transportation's (IDT) registration number or classification
23need be given; (4) state the routing requested including the
24points of origin and destination, and may identify and include
25a request for routing to the nearest certified scale in
26accordance with the Department's rules and regulations,

 

 

SB3098- 18 -LRB100 17174 LNS 32329 b

1provided the applicant has approval to travel on local roads;
2and (5) state if the vehicles or loads are being transported
3for hire. No permits for the movement of a vehicle or load for
4hire shall be issued to any applicant who is required under the
5Illinois Motor Carrier of Property Law to have a certificate,
6registration or permit and does not have such certificate,
7registration or permit.
8    (c) The Department, or local authority when not
9inconsistent with traffic safety, is authorized to issue or
10withhold such permit at its discretion; or, if such permit is
11issued at its discretion to prescribe the route or routes to be
12traveled, to limit the number of trips, to establish seasonal
13or other time limitations within which the vehicles described
14may be operated on the highways indicated, or otherwise to
15limit or prescribe conditions of operations of such vehicle or
16vehicles, when necessary to assure against undue damage to the
17road foundations, surfaces or structures, and may require such
18undertaking or other security as may be deemed necessary to
19compensate for any injury to any roadway or road structure. The
20Department shall maintain a daily record of each permit issued
21along with the fee and the stipulated dimensions, weights,
22conditions and restrictions authorized and this record shall be
23presumed correct in any case of questions or dispute. The
24Department shall install an automatic device for recording
25applications received and permits issued by telephone. In
26making application by telephone, the Department and applicant

 

 

SB3098- 19 -LRB100 17174 LNS 32329 b

1waive all objections to the recording of the conversation.
2    (d) The Department shall, upon application in writing from
3any local authority, issue an annual permit authorizing the
4local authority to move oversize highway construction,
5transportation, utility, and maintenance equipment over roads
6under the jurisdiction of the Department. The permit shall be
7applicable only to equipment and vehicles owned by or
8registered in the name of the local authority, and no fee shall
9be charged for the issuance of such permits.
10    (e) As an exception to subsection paragraph (a) of this
11Section, the Department and local authorities, with respect to
12State and local highways under their respective jurisdictions,
13in its their discretion and upon application in writing may
14issue a special permit for limited continuous operation,
15authorizing the applicant to move loads of agricultural
16commodities on a 2-axle 2 axle single vehicle registered by the
17Secretary of State with axle loads not to exceed 35%, on a
183-axle or 4-axle 3 or 4 axle vehicle registered by the
19Secretary of State with axle loads not to exceed 20%, and on a
205-axle 5 axle vehicle registered by the Secretary of State not
21to exceed 10% above those provided in Section 15-111. The total
22gross weight of the vehicle, however, may not exceed the
23maximum gross weight of the registration class of the vehicle
24allowed under Section 3-815 or 3-818 of this Code.
25    As used in this Section, "agricultural commodities" means:
26        (1) cultivated plants or agricultural produce grown

 

 

SB3098- 20 -LRB100 17174 LNS 32329 b

1    including, but is not limited to, corn, soybeans, wheat,
2    oats, grain sorghum, canola, and rice;
3        (2) livestock, including, but not limited to, hogs,
4    equine, sheep, and poultry;
5        (3) ensilage; and
6        (4) fruits and vegetables.
7    Permits may be issued for a period not to exceed 40 days
8and moves may be made of a distance not to exceed 50 miles from
9a field, an on-farm grain storage facility, a warehouse as
10defined in the Illinois Grain Code, or a livestock management
11facility as defined in the Livestock Management Facilities Act
12over any highway except the National System of Interstate and
13Defense Highways. The operator of the vehicle, however, must
14abide by posted bridge and posted highway weight limits. All
15implements of husbandry operating under this Section between
16sunset and sunrise shall be equipped as prescribed in Section
1712-205.1.
18    (e-1) Upon a declaration by the Governor that an emergency
19harvest situation exists, a special permit issued by the
20Department under this Section shall be required from September
211 through December 31 during harvest season emergencies for a
22vehicle that exceeds the maximum axle weight and gross weight
23limits under Section 15-111 of this Code or exceeds the
24vehicle's registered gross weight, provided that the vehicle's
25axle weight and gross weight do not exceed 10% above the
26maximum limits under Section 15-111 of this Code and does not

 

 

SB3098- 21 -LRB100 17174 LNS 32329 b

1exceed the vehicle's registered gross weight by 10%. All other
2restrictions that apply to permits issued under this Section
3shall apply during the declared time period and no fee shall be
4charged for the issuance of those permits. Permits issued by
5the Department under this subsection (e-1) are only valid on
6federal, and State, and local highways under the jurisdiction
7of the Department, except interstate highways. With respect to
8highways under the jurisdiction of local authorities, the local
9authorities may, at their discretion, waive special permit
10requirements during harvest season emergencies, and set a
11divisible load weight limit not to exceed 10% above a vehicle's
12registered gross weight, provided that the vehicle's axle
13weight and gross weight do not exceed 10% above the maximum
14limits specified in Section 15-111. Permits issued under this
15subsection (e-1) shall apply to all registered vehicles
16eligible to obtain permits under this Section, including
17vehicles used in private or for-hire movement of divisible load
18agricultural commodities during the declared time period.
19    (f) The form and content of the permit shall be determined
20by the Department with respect to State and local highways
21under its jurisdiction and by local authorities with respect to
22highways under their jurisdiction. Every permit shall be in
23written form and carried in the vehicle or combination of
24vehicles to which it refers and shall be open to inspection by
25any police officer or authorized agent of any authority
26granting the permit and no person shall violate any of the

 

 

SB3098- 22 -LRB100 17174 LNS 32329 b

1terms or conditions of such special permit. Violation of the
2terms and conditions of the permit shall not be deemed a
3revocation of the permit; however, any vehicle and load found
4to be off the route prescribed in the permit shall be held to
5be operating without a permit. Any off route vehicle and load
6shall be required to obtain a new permit or permits, as
7necessary, to authorize the movement back onto the original
8permit routing. No rule or regulation, nor anything herein
9shall be construed to authorize any police officer, court, or
10authorized agent of any authority granting the permit to remove
11the permit from the possession of the permittee unless the
12permittee is charged with a fraudulent permit violation as
13provided in subsection paragraph (i). However, upon arrest for
14an offense of violation of permit, operating without a permit
15when the vehicle is off route, or any size or weight offense
16under this Chapter when the permittee plans to raise the
17issuance of the permit as a defense, the permittee, or his
18agent, must produce the permit at any court hearing concerning
19the alleged offense.
20    If the permit designates and includes a routing to a
21certified scale, the permittee, while enroute to the designated
22scale, shall be deemed in compliance with the weight provisions
23of the permit provided the axle or gross weights do not exceed
24any of the permitted limits by more than the following amounts:
25        Single axle               2000 pounds
26        Tandem axle               3000 pounds

 

 

SB3098- 23 -LRB100 17174 LNS 32329 b

1        Gross                     5000 pounds
2    (g) The Department is authorized to adopt, amend, and to
3make available to interested persons a policy concerning
4reasonable rules, limitations and conditions or provisions of
5operation upon highways under its jurisdiction in addition to
6those contained in this Section for the movement by special
7permit of vehicles, combinations, or loads which cannot
8reasonably be dismantled or disassembled, including
9manufactured and modular home sections and portions thereof.
10All rules, limitations and conditions or provisions adopted in
11the policy shall have due regard for the safety of the
12traveling public and the protection of the highway system and
13shall have been promulgated in conformity with the provisions
14of the Illinois Administrative Procedure Act. The requirements
15of the policy for flagmen and escort vehicles shall be the same
16for all moves of comparable size and weight. When escort
17vehicles are required, they shall meet the following
18requirements:
19        (1) All operators shall be 18 years of age or over and
20    properly licensed to operate the vehicle.
21        (2) Vehicles escorting oversized loads more than
22    12-feet wide must be equipped with a rotating or flashing
23    amber light mounted on top as specified under Section
24    12-215.
25    The Department shall establish reasonable rules and
26regulations regarding liability insurance or self insurance

 

 

SB3098- 24 -LRB100 17174 LNS 32329 b

1for vehicles with oversized loads promulgated under the
2Illinois Administrative Procedure Act. Police vehicles may be
3required for escort under circumstances as required by rules
4and regulations of the Department.
5    (h) Violation of any rule, limitation or condition or
6provision of any permit issued in accordance with the
7provisions of this Section shall not render the entire permit
8null and void but the violator shall be deemed guilty of
9violation of permit and guilty of exceeding any size, weight or
10load limitations in excess of those authorized by the permit.
11The prescribed route or routes on the permit are not mere
12rules, limitations, conditions, or provisions of the permit,
13but are also the sole extent of the authorization granted by
14the permit. If a vehicle and load are found to be off the route
15or routes prescribed by any permit authorizing movement, the
16vehicle and load are operating without a permit. Any off-route
17off route movement shall be subject to the size and weight
18maximums, under the applicable provisions of this Chapter, as
19determined by the type or class highway upon which the vehicle
20and load are being operated.
21    (i) Whenever any vehicle is operated or movement made under
22a fraudulent permit the permit shall be void, and the person,
23firm, or corporation to whom such permit was granted, the
24driver of such vehicle in addition to the person who issued
25such permit and any accessory, shall be guilty of fraud and
26either one or all persons may be prosecuted for such violation.

 

 

SB3098- 25 -LRB100 17174 LNS 32329 b

1Any person, firm, or corporation committing such violation
2shall be guilty of a Class 4 felony and the Department shall
3not issue permits to the person, firm or corporation convicted
4of such violation for a period of one year after the date of
5conviction. Penalties for violations of this Section shall be
6in addition to any penalties imposed for violation of other
7Sections of this Code Act.
8    (j) Whenever any vehicle is operated or movement made in
9violation of a permit issued in accordance with this Section,
10the person to whom such permit was granted, or the driver of
11such vehicle, is guilty of such violation and either, but not
12both, persons may be prosecuted for such violation as stated in
13this subsection (j). Any person, firm or corporation convicted
14of such violation shall be guilty of a petty offense and shall
15be fined for the first offense, not less than $50 nor more than
16$200 and, for the second offense by the same person, firm or
17corporation within a period of one year, not less than $200 nor
18more than $300 and, for the third offense by the same person,
19firm or corporation within a period of one year after the date
20of the first offense, not less than $300 nor more than $500 and
21the Department shall not issue permits to the person, firm or
22corporation convicted of a third offense during a period of one
23year after the date of conviction for such third offense.
24    (k) Whenever any vehicle is operated on local roads under
25permits for excess width or length issued by local authorities,
26such vehicle may be moved upon a State highway for a distance

 

 

SB3098- 26 -LRB100 17174 LNS 32329 b

1not to exceed one-half mile without a permit for the purpose of
2crossing the State highway.
3    (l) Notwithstanding any other provision of this Section,
4the Department, with respect to State and local highways under
5its jurisdiction, and local authorities, with respect to
6highways under their jurisdiction, may at its their discretion
7authorize the movement of a vehicle in violation of any size or
8weight requirement, or both, that would not ordinarily be
9eligible for a permit, when there is a showing of extreme
10necessity that the vehicle and load should be moved without
11unnecessary delay.
12    For the purpose of this subsection, showing of extreme
13necessity shall be limited to the following: shipments of
14livestock, hazardous materials, liquid concrete being hauled
15in a mobile cement mixer, or hot asphalt.
16    (m) Penalties for violations of this Section shall be in
17addition to any penalties imposed for violating any other
18Section of this Code.
19    (n) The Department with respect to State and local highways
20under its jurisdiction and local authorities with respect to
21highways under their jurisdiction, in its their discretion and
22upon application in writing, may issue a special permit for
23continuous limited operation, authorizing the applicant to
24operate a tow truck tow-truck that exceeds the weight limits
25provided for in subsection (a) of Section 15-111, provided:
26        (1) no rear single axle of the tow truck tow-truck

 

 

SB3098- 27 -LRB100 17174 LNS 32329 b

1    exceeds 26,000 pounds;
2        (2) no rear tandem axle of the tow truck tow-truck
3    exceeds 50,000 pounds;
4        (2.1) no triple rear axle on a manufactured recovery
5    unit exceeds 60,000 pounds;
6        (3) neither the disabled vehicle nor the disabled
7    combination of vehicles exceed the weight restrictions
8    imposed by this Chapter 15, or the weight limits imposed
9    under a permit issued by the Department prior to hookup;
10        (4) the tow truck tow-truck prior to hookup does not
11    exceed the weight restrictions imposed by this Chapter 15;
12        (5) during the tow operation the tow truck tow-truck
13    does not violate any weight restriction sign;
14        (6) the tow truck tow-truck is equipped with flashing,
15    rotating, or oscillating amber lights, visible for at least
16    500 feet in all directions;
17        (7) the tow truck tow-truck is specifically designed
18    and licensed as a tow truck tow-truck;
19        (8) the tow truck tow-truck has a gross vehicle weight
20    rating of sufficient capacity to safely handle the load;
21        (9) the tow truck tow-truck is equipped with air
22    brakes;
23        (10) the tow truck tow-truck is capable of utilizing
24    the lighting and braking systems of the disabled vehicle or
25    combination of vehicles;
26        (11) the tow commences at the initial point of wreck or

 

 

SB3098- 28 -LRB100 17174 LNS 32329 b

1    disablement and terminates at a point where the repairs are
2    actually to occur;
3        (12) the permit issued to the tow truck tow-truck is
4    carried in the tow truck tow-truck and exhibited on demand
5    by a police officer; and
6        (13) the movement shall be valid only on State state
7    routes approved by the Department.
8    (o) (Blank).
9    (p) In determining whether a load may be reasonably
10dismantled or disassembled for the purpose of subsection
11paragraph (a), the Department shall consider whether there is a
12significant negative impact on the condition of the pavement
13and structures along the proposed route, whether the load or
14vehicle as proposed causes a safety hazard to the traveling
15public, whether dismantling or disassembling the load promotes
16or stifles economic development and whether the proposed route
17travels less than 5 miles. A load is not required to be
18dismantled or disassembled for the purposes of subsection
19paragraph (a) if the Secretary of the Department determines
20there will be no significant negative impact to pavement or
21structures along the proposed route, the proposed load or
22vehicle causes no safety hazard to the traveling public,
23dismantling or disassembling the load does not promote economic
24development and the proposed route travels less than 5 miles.
25The Department may promulgate rules for the purpose of
26establishing the divisibility of a load pursuant to subsection

 

 

SB3098- 29 -LRB100 17174 LNS 32329 b

1paragraph (a). Any load determined by the Secretary to be
2nondivisible shall otherwise comply with the existing size or
3weight maximums specified in this Chapter.
4(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
5revised 10-12-17.)
 
6    Section 99. Effective date. This Act takes effect January
71, 2023.