Illinois General Assembly - Full Text of SB1343
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Full Text of SB1343  101st General Assembly

SB1343ham001 101ST GENERAL ASSEMBLY

Rep. Jay Hoffman

Filed: 4/24/2019

 

 


 

 


 
10100SB1343ham001LRB101 07171 TAE 59714 a

1
AMENDMENT TO SENATE BILL 1343

2    AMENDMENT NO. ______. Amend Senate Bill 1343 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 Code
15Act or otherwise not in conformity with this Code Act upon any
16highway under the jurisdiction of the party granting such

 

 

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

 

 

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1any movement made thereunder shall not be authorized under the
2terms of the void permit. In any prosecution for a violation of
3this Chapter when the authorization of an excess size or weight
4permit is at issue, it is the burden of the defendant to
5establish that the permit was valid because the load to be
6moved could not reasonably be dismantled or disassembled, or
7was otherwise nondivisible.
8    (a-1) As used in this Section, "extreme heavy duty tow and
9recovery vehicle" means a tow truck manufactured as a unit
10having a lifting capacity of not less than 50 tons, and having
11either 4 axles and an unladen weight of not more than 80,000
12pounds or 5 axles and an unladen weight not more than 90,000
13pounds. Notwithstanding otherwise applicable gross and axle
14weight limits, an extreme heavy duty tow and recovery vehicle
15may lawfully travel to and from the scene of a disablement and
16clear a disabled vehicle if the towing service has obtained an
17extreme heavy duty tow and recovery permit for the vehicle. The
18form and content of the permit shall be determined by the
19Department with respect to highways under its jurisdiction and
20by local authorities with respect to highways under their
21jurisdiction.
22    (b) The application for any such permit shall: (1) state
23whether such permit is requested for a single trip or for
24limited continuous operation; (2) state if the applicant is an
25authorized carrier under the Illinois Motor Carrier of Property
26Law, if so, his certificate, registration, or permit number

 

 

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1issued by the Illinois Commerce Commission; (3) specifically
2describe and identify the vehicle or vehicles and load to be
3operated or moved; (4) state the routing requested, including
4the points of origin and destination, and may identify and
5include a request for routing to the nearest certified scale in
6accordance with the Department's rules and regulations,
7provided the applicant has approval to travel on local roads;
8and (5) state if the vehicles or loads are being transported
9for hire. No permits for the movement of a vehicle or load for
10hire shall be issued to any applicant who is required under the
11Illinois Motor Carrier of Property Law to have a certificate,
12registration, or permit and does not have such certificate,
13registration, or permit.
14    (c) The Department or local authority when not inconsistent
15with traffic safety is authorized to issue or withhold such
16permit at its discretion; or, if such permit is issued at its
17discretion to prescribe the route or routes to be traveled, to
18limit the number of trips, to establish seasonal or other time
19limitations within which the vehicles described may be operated
20on the highways indicated, or otherwise to limit or prescribe
21conditions of operations of such vehicle or vehicles, when
22necessary to assure against undue damage to the road
23foundations, surfaces or structures, and may require such
24undertaking or other security as may be deemed necessary to
25compensate for any injury to any roadway or road structure. The
26Department shall maintain a daily record of each permit issued

 

 

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1along with the fee and the stipulated dimensions, weights,
2conditions, and restrictions authorized and this record shall
3be presumed correct in any case of questions or dispute. The
4Department shall install an automatic device for recording
5applications received and permits issued by telephone. In
6making application by telephone, the Department and applicant
7waive all objections to the recording of the conversation.
8    (d) The Department shall, upon application in writing from
9any local authority, issue an annual permit authorizing the
10local authority to move oversize highway construction,
11transportation, utility, and maintenance equipment over roads
12under the jurisdiction of the Department. The permit shall be
13applicable only to equipment and vehicles owned by or
14registered in the name of the local authority, and no fee shall
15be charged for the issuance of such permits.
16    (e) As an exception to subsection (a) of this Section, the
17Department and local authorities, with respect to highways
18under their respective jurisdictions, in their discretion and
19upon application in writing, may issue a special permit for
20limited continuous operation, authorizing the applicant to
21move loads of agricultural commodities on a 2-axle single
22vehicle registered by the Secretary of State with axle loads
23not to exceed 35%, on a 3-axle or 4-axle vehicle registered by
24the Secretary of State with axle loads not to exceed 20%, and
25on a 5-axle vehicle registered by the Secretary of State not to
26exceed 10% above those provided in Section 15-111. The total

 

 

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1gross weight of the vehicle, however, may not exceed the
2maximum gross weight of the registration class of the vehicle
3allowed under Section 3-815 or 3-818 of this Code.
4    As used in this Section, "agricultural commodities" means:
5        (1) cultivated plants or agricultural produce grown,
6    including, but not limited to, corn, soybeans, wheat, oats,
7    grain sorghum, canola, and rice;
8        (2) livestock, including, but not limited to, hogs,
9    equine, sheep, and poultry;
10        (3) ensilage; and
11        (4) fruits and vegetables.
12    Permits may be issued for a period not to exceed 40 days
13and moves may be made of a distance not to exceed 50 miles from
14a field, an on-farm grain storage facility, a warehouse as
15defined in the Grain Code, or a livestock management facility
16as defined in the Livestock Management Facilities Act over any
17highway except the National System of Interstate and Defense
18Highways. The operator of the vehicle, however, must abide by
19posted bridge and posted highway weight limits. All implements
20of husbandry operating under this Section between sunset and
21sunrise shall be equipped as prescribed in Section 12-205.1.
22    (e-1) A special permit shall be issued by the Department
23under this Section and shall be required from September 1
24through December 31 for a vehicle that exceeds the maximum axle
25weight and gross weight limits under Section 15-111 of this
26Code or exceeds the vehicle's registered gross weight, provided

 

 

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1that the vehicle's axle weight and gross weight do not exceed
210% above the maximum limits under Section 15-111 of this Code
3and does not exceed the vehicle's registered gross weight by
410%. All other restrictions that apply to permits issued under
5this Section shall apply during the declared time period and no
6fee shall be charged for the issuance of those permits. Permits
7issued by the Department under this subsection (e-1) are only
8valid on federal and State highways under the jurisdiction of
9the Department, except interstate highways. With respect to
10highways under the jurisdiction of local authorities, the local
11authorities may, at their discretion, waive special permit
12requirements, and set a divisible load weight limit not to
13exceed 10% above a vehicle's registered gross weight, provided
14that the vehicle's axle weight and gross weight do not exceed
1510% above the maximum limits specified in Section 15-111.
16Permits issued under this subsection (e-1) shall apply to all
17registered vehicles eligible to obtain permits under this
18Section, including vehicles used in private or for-hire
19movement of divisible load agricultural commodities during the
20declared time period.
21    (f) The form and content of the permit shall be determined
22by the Department with respect to highways under its
23jurisdiction and by local authorities with respect to highways
24under their jurisdiction. Every permit shall be in written form
25and carried in the vehicle or combination of vehicles to which
26it refers and shall be open to inspection by any police officer

 

 

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

 

 

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1        Single axle               2000 pounds
2        Tandem axle               3000 pounds
3        Gross                     5000 pounds
4    (g) The Department is authorized to adopt, amend, and to
5make available to interested persons a policy concerning
6reasonable rules, limitations and conditions or provisions of
7operation upon highways under its jurisdiction in addition to
8those contained in this Section for the movement by special
9permit of vehicles, combinations, or loads which cannot
10reasonably be dismantled or disassembled, including
11manufactured and modular home sections and portions thereof.
12All rules, limitations and conditions or provisions adopted in
13the policy shall have due regard for the safety of the
14traveling public and the protection of the highway system and
15shall have been promulgated in conformity with the provisions
16of the Illinois Administrative Procedure Act. The requirements
17of the policy for flagmen and escort vehicles shall be the same
18for all moves of comparable size and weight. When escort
19vehicles are required, they shall meet the following
20requirements:
21        (1) All operators shall be 18 years of age or over and
22    properly licensed to operate the vehicle.
23        (2) Vehicles escorting oversized loads more than 12
24    feet 12-feet wide must be equipped with a rotating or
25    flashing amber light mounted on top as specified under
26    Section 12-215.

 

 

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

 

 

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

 

 

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1violation is the cause or contributing cause in a motor vehicle
2accident causing damage to property, injury, or death to a
3person, the Department may, in its discretion, not issue a
4permit to the person, firm, or corporation for a period of one
5year after the date of conviction or supervision for the
6offense.
7    (k) Whenever any vehicle is operated on local roads under
8permits for excess width or length issued by local authorities,
9such vehicle may be moved upon a State highway for a distance
10not to exceed one-half mile without a permit for the purpose of
11crossing the State highway.
12    (l) Notwithstanding any other provision of this Section,
13the Department, with respect to highways under its
14jurisdiction, and local authorities, with respect to highways
15under their jurisdiction, may at their discretion authorize the
16movement of a vehicle in violation of any size or weight
17requirement, or both, that would not ordinarily be eligible for
18a permit, when there is a showing of extreme necessity that the
19vehicle and load should be moved without unnecessary delay.
20    For the purpose of this subsection, showing of extreme
21necessity shall be limited to the following: shipments of
22livestock, hazardous materials, liquid concrete being hauled
23in a mobile cement mixer, or hot asphalt.
24    (m) Penalties for violations of this Section shall be in
25addition to any penalties imposed for violating any other
26Section of this Code.

 

 

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1    (n) The Department with respect to highways under its
2jurisdiction and local authorities with respect to highways
3under their jurisdiction, in their discretion and upon
4application in writing, may issue a special permit for
5continuous limited operation, authorizing the applicant to
6operate a tow truck that exceeds the weight limits provided for
7in subsection (a) of Section 15-111, provided:
8        (1) no rear single axle of the tow truck exceeds 26,000
9    pounds;
10        (2) no rear tandem axle of the tow truck exceeds 50,000
11    pounds;
12        (2.1) no triple rear axle on a manufactured recovery
13    unit exceeds 60,000 pounds;
14        (3) neither the disabled vehicle nor the disabled
15    combination of vehicles exceed the weight restrictions
16    imposed by this Chapter 15, or the weight limits imposed
17    under a permit issued by the Department prior to hookup;
18        (4) the tow truck prior to hookup does not exceed the
19    weight restrictions imposed by this Chapter 15;
20        (5) during the tow operation the tow truck does not
21    violate any weight restriction sign;
22        (6) the tow truck is equipped with flashing, rotating,
23    or oscillating amber lights, visible for at least 500 feet
24    in all directions;
25        (7) the tow truck is specifically designed and licensed
26    as a tow truck;

 

 

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1        (8) the tow truck has a gross vehicle weight rating of
2    sufficient capacity to safely handle the load;
3        (9) the tow truck is equipped with air brakes;
4        (10) the tow truck is capable of utilizing the lighting
5    and braking systems of the disabled vehicle or combination
6    of vehicles;
7        (11) the tow commences at the initial point of wreck or
8    disablement and terminates at a point where the repairs are
9    actually to occur;
10        (12) the permit issued to the tow truck is carried in
11    the tow truck and exhibited on demand by a police officer;
12    and
13        (13) the movement shall be valid only on State routes
14    approved by the Department.
15    (o) (Blank).
16    (p) In determining whether a load may be reasonably
17dismantled or disassembled for the purpose of subsection (a),
18the Department shall consider whether there is a significant
19negative impact on the condition of the pavement and structures
20along the proposed route, whether the load or vehicle as
21proposed causes a safety hazard to the traveling public,
22whether dismantling or disassembling the load promotes or
23stifles economic development, and whether the proposed route
24travels less than 5 miles. A load is not required to be
25dismantled or disassembled for the purposes of subsection (a)
26if the Secretary of the Department determines there will be no

 

 

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1significant negative impact to pavement or structures along the
2proposed route, the proposed load or vehicle causes no safety
3hazard to the traveling public, dismantling or disassembling
4the load does not promote economic development, and the
5proposed route travels less than 5 miles. The Department may
6promulgate rules for the purpose of establishing the
7divisibility of a load pursuant to subsection (a). Any load
8determined by the Secretary to be nondivisible shall otherwise
9comply with the existing size or weight maximums specified in
10this Chapter.
11(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
12100-728, eff. 1-1-19; 100-830, eff. 1-1-19; 100-863, eff.
138-14-18; 100-1090, eff. 1-1-19; revised 10-9-18.)
 
14    Section 99. Effective date. This Act takes effect January
151, 2020.".