Full Text of SB1343 101st General Assembly
SB1343ham001 101ST GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/24/2019
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| 1 | | AMENDMENT TO SENATE BILL 1343
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1343 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing 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 | 9 | | jurisdiction
and local authorities with respect to highways | 10 | | under their jurisdiction
may, in their discretion, upon | 11 | | application and good cause being shown
therefor, issue a | 12 | | special permit authorizing the applicant to operate or
move a | 13 | | vehicle or combination of vehicles of a size or weight of | 14 | | vehicle or
load exceeding the maximum specified in this Code | 15 | | Act or otherwise not in
conformity with this Code Act upon any | 16 | | highway under the jurisdiction of the
party granting such |
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| 1 | | permit and for the maintenance of which the party is
| 2 | | responsible. Applications and permits other than those in | 3 | | written or
printed form may only be accepted from and issued to | 4 | | the company or
individual making the movement. Except for an | 5 | | application to move directly
across a highway, it shall be the | 6 | | duty of the applicant to establish in the
application that the | 7 | | load to be moved by such vehicle or combination cannot | 8 | | reasonably be
dismantled or
disassembled, the reasonableness | 9 | | of which shall be determined by the Secretary of the | 10 | | Department. For the purpose of
over length movements,
more than | 11 | | one object may be carried side by side as long as the height, | 12 | | width,
and weight laws are not exceeded and the cause for the | 13 | | over length is not due
to multiple objects. For the purpose of | 14 | | over height movements, more than one
object may be carried as | 15 | | long as the cause for the over height is not due to
multiple | 16 | | objects and the length, width, and weight laws are not | 17 | | exceeded. For
the purpose of an over width movement, more than | 18 | | one object may be carried as
long as the cause for the over | 19 | | width is not due to multiple objects and length,
height, and | 20 | | weight laws are not exceeded. Except for transporting fluid | 21 | | milk products, no State or local agency shall
authorize the | 22 | | issuance of excess size or weight permits for vehicles and | 23 | | loads
that are divisible and that can be carried, when divided, | 24 | | within the existing
size or weight maximums specified in this | 25 | | Chapter. Any excess size or weight
permit issued in violation | 26 | | of the provisions of this Section shall be void at
issue and |
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| 1 | | any movement made thereunder shall not be authorized under the | 2 | | terms
of the void permit. In any prosecution for a violation of | 3 | | this Chapter when
the authorization of an excess size or weight | 4 | | permit is at issue, it is the
burden of the defendant to | 5 | | establish that the permit was valid because the load
to be | 6 | | moved could not reasonably be dismantled or disassembled, or | 7 | | was
otherwise nondivisible.
| 8 | | (a-1) As used in this Section, "extreme heavy duty tow and | 9 | | recovery vehicle" means a tow truck manufactured as a unit | 10 | | having a lifting capacity of not less than 50 tons, and having | 11 | | either 4 axles and an unladen weight of not more than 80,000 | 12 | | pounds or 5 axles and an unladen weight not more than 90,000 | 13 | | pounds. Notwithstanding otherwise applicable gross and axle | 14 | | weight limits, an extreme heavy duty tow and recovery vehicle | 15 | | may lawfully travel to and from the scene of a disablement and | 16 | | clear a disabled vehicle if the towing service has obtained an | 17 | | extreme heavy duty tow and recovery permit for the vehicle. The | 18 | | form and content of the permit shall be determined by the | 19 | | Department with respect to highways under its jurisdiction and | 20 | | by local authorities with respect to highways under their | 21 | | jurisdiction. | 22 | | (b) The application for any such permit shall: (1) state | 23 | | whether
such permit is requested for a single trip or for | 24 | | limited continuous
operation; (2) state if the applicant is an | 25 | | authorized carrier under the
Illinois Motor Carrier of Property | 26 | | Law, if so, his certificate,
registration , or permit number |
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| 1 | | issued by the Illinois Commerce
Commission; (3) specifically | 2 | | describe and identify the vehicle or
vehicles and load to be | 3 | | operated or moved; (4) state the
routing requested , including | 4 | | the points of origin and destination, and may
identify and | 5 | | include a request for routing to the nearest certified scale
in | 6 | | accordance with the Department's rules and regulations, | 7 | | provided the
applicant has approval to travel on local roads; | 8 | | and (5) state if the
vehicles or loads are being transported | 9 | | for hire. No permits for the
movement of a vehicle or load for | 10 | | hire shall be issued to any applicant who
is required under the | 11 | | Illinois Motor Carrier of Property Law to have a
certificate, | 12 | | registration , or permit and does not have such certificate,
| 13 | | registration , or permit.
| 14 | | (c) The Department or local authority when not inconsistent | 15 | | with
traffic safety is authorized to issue or withhold such | 16 | | permit at its
discretion; or, if such permit is issued at its | 17 | | discretion to prescribe
the route or routes to be traveled, to | 18 | | limit the number of trips, to
establish seasonal or other time | 19 | | limitations within which the vehicles
described may be operated | 20 | | on the highways indicated, or otherwise to
limit or prescribe | 21 | | conditions of operations of such vehicle or vehicles,
when | 22 | | necessary to assure against undue damage to the road | 23 | | foundations,
surfaces or structures, and may require such | 24 | | undertaking or other
security as may be deemed necessary to | 25 | | compensate for any injury to any
roadway or road structure. The | 26 | | Department shall maintain a daily record of
each permit issued |
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| 1 | | along with the fee and the stipulated dimensions,
weights, | 2 | | conditions , and restrictions authorized and this record shall | 3 | | be
presumed correct in any case of questions or dispute. The | 4 | | Department shall
install an automatic device for recording | 5 | | applications received and permits
issued by telephone. In | 6 | | making application by telephone, the Department and
applicant | 7 | | waive all objections to the recording of the conversation.
| 8 | | (d) The Department shall, upon application in writing from | 9 | | any local
authority, issue an annual permit authorizing the | 10 | | local authority to
move oversize highway construction, | 11 | | transportation, utility , and maintenance
equipment over roads | 12 | | under the jurisdiction of the Department. The permit
shall be | 13 | | applicable only to equipment and vehicles owned by or | 14 | | registered
in the name of the local authority, and no fee shall | 15 | | be charged for the
issuance of such permits.
| 16 | | (e) As an exception to subsection (a) of this Section, the | 17 | | Department
and local authorities, with respect to highways | 18 | | under their respective
jurisdictions, in their discretion and | 19 | | upon application in writing , may
issue a special permit for | 20 | | limited continuous operation, authorizing the
applicant to | 21 | | move loads of agricultural commodities on a 2-axle single
| 22 | | vehicle registered by the Secretary of State with axle loads | 23 | | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by | 24 | | the Secretary of State with axle loads
not to exceed 20%, and | 25 | | on a 5-axle vehicle registered by the
Secretary of State not to | 26 | | exceed 10% above those provided in Section 15-111. The total |
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| 1 | | gross weight of the vehicle, however,
may not exceed the | 2 | | maximum gross weight of the registration class of the vehicle | 3 | | allowed 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 | 13 | | and moves may be made of a distance not to
exceed 50 miles from | 14 | | a field, an on-farm grain storage facility, a warehouse as | 15 | | defined in the Grain Code, or a livestock management facility | 16 | | as defined in the Livestock Management Facilities Act over any
| 17 | | highway except the National System of Interstate and Defense | 18 | | Highways. The operator of the vehicle,
however, must abide by | 19 | | posted bridge and posted highway weight limits. All implements | 20 | | of husbandry operating under this Section between sunset and | 21 | | sunrise shall be equipped as prescribed in Section 12-205.1.
| 22 | | (e-1) A special permit shall be issued by the Department | 23 | | under this Section and shall
be required from September 1 | 24 | | through December 31 for a vehicle that exceeds the maximum axle | 25 | | weight and gross weight limits under Section 15-111 of this | 26 | | Code or exceeds the vehicle's registered gross weight, provided |
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| 1 | | that the vehicle's axle weight and gross weight do not exceed | 2 | | 10% above the maximum limits under Section 15-111 of this Code | 3 | | and does not exceed the vehicle's registered gross weight by | 4 | | 10%. All other restrictions that apply to permits issued under | 5 | | this Section shall apply during the declared time period and no | 6 | | fee shall be charged for the issuance of those permits. Permits | 7 | | issued by the Department under this subsection (e-1) are only | 8 | | valid on federal and State highways under the jurisdiction of | 9 | | the Department, except interstate highways. With
respect to | 10 | | highways under the jurisdiction of local authorities, the local
| 11 | | authorities may, at their discretion, waive special permit | 12 | | requirements , and set a divisible load weight limit not to | 13 | | exceed 10% above a vehicle's registered gross weight, provided | 14 | | that the vehicle's axle weight and gross weight do not exceed | 15 | | 10% above the maximum limits specified in Section 15-111. | 16 | | Permits issued under this subsection (e-1) shall apply to all | 17 | | registered vehicles
eligible to obtain permits under this | 18 | | Section, including vehicles used in private or for-hire | 19 | | movement of divisible load agricultural commodities during the | 20 | | declared time period.
| 21 | | (f) The form and content of the permit shall be determined | 22 | | by the
Department with respect to highways under its | 23 | | jurisdiction and by local
authorities with respect to highways | 24 | | under their jurisdiction. Every permit
shall be in written form | 25 | | and carried in the vehicle or combination of
vehicles to which | 26 | | it refers and shall be open to inspection by any
police officer |
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| 1 | | or authorized agent of any authority granting the permit
and no | 2 | | person shall violate any of the terms or conditions of such
| 3 | | special permit. Violation of the terms and conditions of the | 4 | | permit
shall not be deemed a revocation of the permit; however, | 5 | | any vehicle and load
found to be off the route prescribed in | 6 | | the permit shall be held to be
operating without a permit. Any | 7 | | off-route off route vehicle and load shall be required
to | 8 | | obtain a new permit or permits, as necessary, to authorize the | 9 | | movement back
onto the original permit routing. No rule or | 10 | | regulation, nor anything herein ,
shall be construed to | 11 | | authorize any police officer, court, or authorized agent
of any | 12 | | authority granting the permit to remove the permit from the | 13 | | possession
of the permittee unless the permittee is charged | 14 | | with a fraudulent permit
violation as provided in subsection | 15 | | (i). However, upon arrest for an offense of
violation of | 16 | | permit, operating without a permit when the vehicle is off | 17 | | route,
or any size or weight offense under this Chapter when | 18 | | the permittee plans to
raise the issuance of the permit as a | 19 | | defense, the permittee, or his agent,
must produce the permit | 20 | | at any court hearing concerning the alleged offense.
| 21 | | If the permit designates and includes a routing to a | 22 | | certified scale, the permittee, while en route enroute to the | 23 | | designated scale, shall be deemed in compliance
with the weight | 24 | | provisions of the permit provided the axle or gross weights
do | 25 | | not exceed any of the permitted limits by more than the | 26 | | following 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 | 5 | | make
available to interested persons a policy concerning | 6 | | reasonable rules,
limitations and conditions or provisions of | 7 | | operation upon highways
under its jurisdiction in addition to | 8 | | those contained in this Section
for the movement by special | 9 | | permit of vehicles, combinations, or loads
which cannot | 10 | | reasonably be dismantled or disassembled, including
| 11 | | manufactured and modular home sections and portions thereof. | 12 | | All rules,
limitations and conditions or provisions adopted in | 13 | | the policy shall
have due regard for the safety of the | 14 | | traveling public and the protection
of the highway system and | 15 | | shall have been promulgated in conformity with
the provisions | 16 | | of the Illinois Administrative Procedure Act. The
requirements | 17 | | of the policy for flagmen and escort vehicles shall be the
same | 18 | | for all moves of comparable size and weight. When escort | 19 | | vehicles are
required, they shall meet the following | 20 | | requirements:
| 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 | 2 | | regulations
regarding liability insurance or self insurance | 3 | | for vehicles with
oversized loads promulgated under the | 4 | | Illinois Administrative Procedure
Act. Police vehicles may be | 5 | | required for escort under circumstances as
required by rules | 6 | | and regulations of the Department.
| 7 | | (h) Violation of any rule, limitation or condition or | 8 | | provision of
any permit issued in accordance with the | 9 | | provisions of this Section
shall not render the entire permit | 10 | | null and void but the violator shall
be deemed guilty of | 11 | | violation of permit and guilty of exceeding any size,
weight , | 12 | | or load limitations in excess of those authorized by the | 13 | | permit.
The prescribed route or routes on the permit are not | 14 | | mere rules, limitations,
conditions, or provisions of the | 15 | | permit, but are also the sole extent of the
authorization | 16 | | granted by the permit. If a vehicle and load are found to be
| 17 | | off the route or routes prescribed by any permit authorizing | 18 | | movement,
the vehicle and load are operating without a permit. | 19 | | Any off-route movement
shall be subject to the size and weight | 20 | | maximums, under the applicable
provisions of this Chapter, as | 21 | | determined by the type or class highway upon
which the vehicle | 22 | | and load are being operated.
| 23 | | (i) Whenever any vehicle is operated or movement made under | 24 | | a
fraudulent permit , the permit shall be void, and the person, | 25 | | firm, or
corporation to whom such permit was granted, the | 26 | | driver of such vehicle
in addition to the person who issued |
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| 1 | | such permit and any accessory,
shall be guilty of fraud and | 2 | | either one or all persons may be prosecuted
for such violation. | 3 | | Any person, firm, or corporation committing such
violation | 4 | | shall be guilty of a Class 4 felony and the Department shall
| 5 | | not issue permits to the person, firm , or corporation convicted | 6 | | of such
violation for a period of one year after the date of | 7 | | conviction.
Penalties for violations of this Section shall be | 8 | | in addition to any
penalties imposed for violation of other | 9 | | Sections of this Code.
| 10 | | (j) Whenever any vehicle is operated or movement made in | 11 | | violation
of a permit issued in accordance with this Section, | 12 | | the person to whom
such permit was granted, or the driver of | 13 | | such vehicle, is guilty of
such violation and either, but not | 14 | | both, persons may be prosecuted for
such violation as stated in | 15 | | this subsection (j). Any person, firm, or
corporation convicted | 16 | | of such violation shall be guilty of a petty
offense and shall | 17 | | be fined , for the first offense, not less than $50 nor
more | 18 | | than $200 and, for the second offense by the same person, firm, | 19 | | or
corporation within a period of one year, not less than $200 | 20 | | nor more
than $300 and, for the third offense by the same | 21 | | person, firm, or
corporation within a period of one year after | 22 | | the date of the first
offense, not less than $300 nor more than | 23 | | $500 and the Department may, in its discretion descretion , not | 24 | | issue permits to the person, firm, or corporation convicted of | 25 | | a
third offense during a period of one year after the date of | 26 | | conviction or supervision
for such third offense. If any |
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| 1 | | violation is the cause or contributing cause in a motor vehicle | 2 | | accident causing damage to property, injury, or death to a | 3 | | person, the Department may, in its discretion, not issue a | 4 | | permit to the person, firm, or corporation for a period of one | 5 | | year after the date of conviction or supervision for the | 6 | | offense.
| 7 | | (k) Whenever any vehicle is operated on local roads under | 8 | | permits
for excess width or length issued by local authorities, | 9 | | such vehicle may
be moved upon a State highway for a distance | 10 | | not to exceed one-half mile
without a permit for the purpose of | 11 | | crossing the State highway.
| 12 | | (l) Notwithstanding any other provision of this Section, | 13 | | the Department,
with respect to highways under its | 14 | | jurisdiction, and local authorities, with
respect to highways | 15 | | under their jurisdiction, may at their discretion authorize
the | 16 | | movement of a vehicle in violation of any size or weight | 17 | | requirement, or
both, that would not ordinarily be eligible for | 18 | | a permit, when there is a
showing of extreme necessity that the | 19 | | vehicle and load should be moved without
unnecessary delay.
| 20 | | For the purpose of this subsection, showing of extreme | 21 | | necessity shall be
limited to the following: shipments of | 22 | | livestock, hazardous materials, liquid
concrete being hauled | 23 | | in a mobile cement mixer, or hot asphalt.
| 24 | | (m) Penalties for violations of this Section shall be in | 25 | | addition to any
penalties imposed for violating any other | 26 | | Section of this Code.
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| 1 | | (n) The Department with respect to highways under its | 2 | | jurisdiction and
local
authorities with respect to highways | 3 | | under their jurisdiction, in their
discretion and upon
| 4 | | application in writing, may issue a special permit for | 5 | | continuous limited
operation,
authorizing the applicant to | 6 | | operate a tow truck that exceeds the weight limits
provided
for | 7 | | in 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 | 17 | | dismantled or disassembled for the purpose of subsection (a), | 18 | | the Department shall consider whether there is a significant | 19 | | negative impact on the condition of the pavement and structures | 20 | | along the proposed route, whether the load or vehicle as | 21 | | proposed causes a safety hazard to the traveling public, | 22 | | whether dismantling or disassembling the load promotes or | 23 | | stifles economic development , and whether the proposed route | 24 | | travels less than 5 miles. A load is not required to be | 25 | | dismantled or disassembled for the purposes of subsection (a) | 26 | | if the Secretary of the Department determines there will be no |
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| 1 | | significant negative impact to pavement or structures along the | 2 | | proposed route, the proposed load or vehicle causes no safety | 3 | | hazard to the traveling public, dismantling or disassembling | 4 | | the load does not promote economic development , and the | 5 | | proposed route travels less than 5 miles.
The Department may | 6 | | promulgate rules for the purpose of establishing the | 7 | | divisibility of a load pursuant to subsection (a). Any load | 8 | | determined by the Secretary to be nondivisible shall otherwise | 9 | | comply with the existing size or weight maximums specified in | 10 | | this Chapter. | 11 | | (Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17; | 12 | | 100-728, eff. 1-1-19; 100-830, eff. 1-1-19; 100-863, eff. | 13 | | 8-14-18; 100-1090, eff. 1-1-19; revised 10-9-18.)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2020.".
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