Full Text of HB5920 98th General Assembly
HB5920 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5920 Introduced 2/14/2014, by Rep. Jay Hoffman SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/1-168.7 new | | 625 ILCS 5/3-815 | from Ch. 95 1/2, par. 3-815 | 625 ILCS 5/15-111 | from Ch. 95 1/2, par. 15-111 |
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Amends the Illinois Vehicle Code. Defines "Recovery Vehicle" as vehicles of the second division equipped for and used to push, tow, or draw vehicles by means of a crane, hoist, towbar, towline, or auxiliary axle to render assistance to damaged or disabled vehicles including, but not limited to, winching, pulling, pushing, lifting, setting upright, off-loading, or load transference, provided the vehicle is a manufactured unit with a rotating boom having a 60-ton lifting capacity. Provides that Recovery Vehicles must also have two steering axles and three rear axles containing not less than fourteen tires. Provides that the fully equipped, unladen weight of a Recovery Vehicle must not exceed 90,000 pounds. Provides that the registration fee for Recovery Vehicles is $3000 per year. Exempts Recovery Vehicles from the weight restrictions of the Illinois Vehicle Code.
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| | A BILL FOR |
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| | | HB5920 | | LRB098 17508 MLW 52617 b |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 3-815 and 15-111 and by adding Section 1-168.7 as | 6 | | follows: | 7 | | (625 ILCS 5/1-168.7 new) | 8 | | Sec. 1-168.7. Recovery Vehicle. A motor vehicle of the | 9 | | second division equipped for and used to push, tow, or draw | 10 | | vehicles by means of a crane, hoist, towbar, towline, or | 11 | | auxiliary axle to render assistance to damaged or disabled | 12 | | vehicles including, but not limited to, winching, pulling, | 13 | | pushing, lifting, setting upright, off-loading, or load | 14 | | transference. A Recovery Vehicle must be a manufactured unit | 15 | | with a rotating boom having a 60-ton lifting capacity. A | 16 | | Recovery Vehicle must also have two steering axles and three | 17 | | rear axles containing not less than fourteen tires. The fully | 18 | | equipped, unladen weight of the Recovery Vehicle must not | 19 | | exceed 90,000 pounds.
| 20 | | (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
| 21 | | Sec. 3-815. Flat weight tax; vehicles of the second | 22 | | division.
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| 1 | | (a) Except
as provided in Section 3-806.3 and 3-804.3, | 2 | | every owner
of a vehicle of the second division registered | 3 | | under Section 3-813, and
not registered under the mileage | 4 | | weight tax under Section 3-818, shall
pay to the Secretary of | 5 | | State, for each registration year, for the use
of the public | 6 | | highways, a flat weight tax at the rates set forth in the
| 7 | | following table, the rates including the $10 registration fee:
| 8 | | SCHEDULE OF FLAT WEIGHT TAX
| 9 | | REQUIRED BY LAW
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|
10 | | Gross Weight in Lbs. |
|
Total Fees |
|
11 | | Including Vehicle |
|
each Fiscal |
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12 | | and Maximum |
|
year |
|
13 | | Load |
Class |
|
|
14 | | 8,000 lbs. and less |
B |
$98 |
|
15 | | 8,001 lbs. to 12,000 lbs. |
D |
138 |
|
16 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
|
17 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
|
18 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
|
19 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
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20 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
|
21 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
|
22 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
|
23 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
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24 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
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25 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
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26 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
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| 1 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
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2 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
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3 | | 77,001 lbs. to 80,000 lbs. |
Z |
2,790 |
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4 | | Beginning with the 2010 registration year a $1 surcharge | 5 | | shall be collected for vehicles registered in the 8,000 lbs. | 6 | | and less flat weight plate category above to be deposited into | 7 | | the State Police Vehicle Fund.
| 8 | | Beginning with the 2014 registration year, a $2 surcharge | 9 | | shall be collected in addition to the above fees for vehicles | 10 | | registered in the 8,000 lb. and less flat weight plate category | 11 | | as described in this subsection (a) to be deposited into the | 12 | | Park and Conservation Fund for the Department of Natural | 13 | | Resources to use for conservation efforts. The monies deposited | 14 | | into the Park and Conservation Fund under this Section shall | 15 | | not be subject to administrative charges or chargebacks unless | 16 | | otherwise authorized by this Act. | 17 | | All of the proceeds of the additional fees imposed by this | 18 | | amendatory Act of the 96th General Assembly shall be deposited | 19 | | into the Capital Projects Fund. | 20 | | (a-1) A Special Hauling Vehicle is a vehicle or combination | 21 | | of vehicles of
the second
division registered under Section | 22 | | 3-813 transporting asphalt or concrete in the
plastic state or | 23 | | a vehicle or combination of vehicles that are subject to the
| 24 | | gross weight limitations in subsection (a) of Section 15-111 | 25 | | for which the
owner of the
vehicle or combination of vehicles | 26 | | has elected to pay, in addition to the
registration fee in |
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| 1 | | subsection (a), $125 to the Secretary of State
for each
| 2 | | registration year. The Secretary shall designate this class of | 3 | | vehicle as
a Special Hauling Vehicle.
| 4 | | (a-5) A Recovery Vehicle is a motor vehicle of the second | 5 | | division as defined by Section 1-168.7 of this Code and | 6 | | registered under Section 3-813. In lieu of the registration fee | 7 | | in subsection (a) of this Section, the owner of a Recovery | 8 | | Vehicle must pay $3000 to the Secretary of State for each | 9 | | registration year. The Secretary shall designate this class of | 10 | | vehicle as a Recovery Vehicle. | 11 | | (b) Except as provided in Section 3-806.3, every camping | 12 | | trailer,
motor home, mini motor home, travel trailer, truck | 13 | | camper or van camper
used primarily for recreational purposes, | 14 | | and not used commercially, nor
for hire, nor owned by a | 15 | | commercial business, may be registered for each
registration | 16 | | year upon the filing of a proper application and the payment
of | 17 | | a registration fee and highway use tax, according to the | 18 | | following table of
fees:
| 19 | | MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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|
20 | | Gross Weight in Lbs. |
Total Fees |
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21 | | Including Vehicle and |
Each |
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22 | | Maximum Load |
Calendar Year |
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23 | | 8,000 lbs and less |
$78 |
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24 | | 8,001 Lbs. to 10,000 Lbs |
90 |
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25 | | 10,001 Lbs. and Over |
102 |
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26 | | CAMPING TRAILER OR TRAVEL TRAILER
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| 1 | | Gross Weight in Lbs. |
Total Fees |
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2 | | Including Vehicle and |
Each |
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3 | | Maximum Load |
Calendar Year |
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4 | | 3,000 Lbs. and Less |
$18 |
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5 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
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6 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
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7 | | 10,001 Lbs. and Over |
50 |
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8 | | Every house trailer must be registered under Section 3-819.
| 9 | | (c) Farm Truck. Any truck used exclusively for the owner's | 10 | | own
agricultural, horticultural or livestock raising | 11 | | operations and
not-for-hire only, or any truck used only in the | 12 | | transportation for-hire
of seasonal, fresh, perishable fruit | 13 | | or vegetables from farm to the
point of first processing,
may | 14 | | be registered by the owner under this paragraph in lieu of
| 15 | | registration under paragraph (a), upon filing of a proper | 16 | | application
and the payment of the $10 registration fee and the | 17 | | highway use tax
herein specified as follows:
| 18 | | SCHEDULE OF FEES AND TAXES
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|
19 | | Gross Weight in Lbs. |
|
Total Amount for |
|
20 | | Including Truck and |
|
each |
|
21 | | Maximum Load |
Class |
Fiscal Year |
|
22 | | 16,000 lbs. or less |
VF |
$150 |
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23 | | 16,001 to 20,000 lbs. |
VG |
226 |
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24 | | 20,001 to 24,000 lbs. |
VH |
290 |
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25 | | 24,001 to 28,000 lbs. |
VJ |
378 |
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26 | | 28,001 to 32,000 lbs. |
VK |
506 |
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| 1 | | 32,001 to 36,000 lbs. |
VL |
610 |
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2 | | 36,001 to 45,000 lbs. |
VP |
810 |
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3 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
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4 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
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5 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
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6 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
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7 | | 77,001 to 80,000 lbs. |
VZ |
1,490 |
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8 | | In the event the Secretary of State revokes a farm truck | 9 | | registration
as authorized by law, the owner shall pay the flat | 10 | | weight tax due
hereunder before operating such truck.
| 11 | | Any combination of vehicles having 5 axles, with a distance | 12 | | of 42 feet or
less between extreme axles, that are subject to | 13 | | the weight limitations in
subsection (a) of Section 15-111 for | 14 | | which the owner of the combination
of
vehicles has elected to | 15 | | pay, in addition to the registration fee in subsection
(c), | 16 | | $125 to the Secretary of State for each registration year
shall | 17 | | be designated by the Secretary as a Special Hauling Vehicle.
| 18 | | (d) The number of axles necessary to carry the maximum load | 19 | | provided
shall be determined from Chapter 15 of this Code.
| 20 | | (e) An owner may only apply for and receive 5 farm truck
| 21 | | registrations, and only 2 of those 5 vehicles shall exceed | 22 | | 59,500 gross
weight in pounds per vehicle.
| 23 | | (f) Every person convicted of violating this Section by | 24 | | failure to pay
the appropriate flat weight tax to the Secretary | 25 | | of State as set forth in
the above tables shall be punished as | 26 | | provided for in Section 3-401.
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| 1 | | (Source: P.A. 97-201, eff. 1-1-12; 97-811, eff. 7-13-12; | 2 | | 97-1136, eff. 1-1-13; 98-463, eff. 8-16-13.)
| 3 | | (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| 4 | | Sec. 15-111. Wheel and axle loads and gross weights.
| 5 | | (a) No vehicle or combination of vehicles
with pneumatic | 6 | | tires may be operated, unladen or with load,
when the total | 7 | | weight on the road surface
exceeds the following: 20,000 pounds | 8 | | on a single axle; 34,000 pounds on a tandem axle with
no axle | 9 | | within the tandem exceeding 20,000 pounds; 80,000
pounds gross | 10 | | weight for vehicle combinations of 5 or more axles;
or a total | 11 | | weight on a group of 2 or more consecutive axles in excess of | 12 | | that
weight produced by the application of the following | 13 | | formula: W = 500 times the
sum of (LN divided by N-1) + 12N + | 14 | | 36, where "W" equals overall total weight on
any group of 2 or | 15 | | more consecutive axles to the nearest 500 pounds, "L" equals
| 16 | | the
distance measured to the nearest foot between extremes of | 17 | | any group of 2 or
more consecutive axles, and "N" equals the | 18 | | number of axles in the group under
consideration.
| 19 | | The above formula when expressed in tabular form results in | 20 | | allowable loads
as follows:
| 21 | | Distance measured
| 22 | | to the nearest
| 23 | | foot between the
| 24 | | extremes of any Maximum weight in pounds
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| 1 | | group of 2 or of any group of
| 2 | | more consecutive 2 or more consecutive axles
| 3 | | axles
|
|
4 | | feet |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
|
5 | | 4 |
34,000 |
| | | |
|
6 | | 5 |
34,000 |
| | | |
|
7 | | 6 |
34,000 |
| | | |
|
8 | | 7 |
34,000 |
| | | |
|
9 | | 8 |
38,000* |
42,000 |
| | |
|
10 | | 9 |
39,000 |
42,500 |
| | |
|
11 | | 10 |
40,000 |
43,500 |
| | |
|
12 | | 11 |
|
44,000 |
| | |
|
13 | | 12 |
|
45,000 |
50,000 |
| |
|
14 | | 13 |
|
45,500 |
50,500 |
| |
|
15 | | 14 |
|
46,500 |
51,500 |
| |
|
16 | | 15 |
|
47,000 |
52,000 |
| |
|
17 | | 16 |
|
48,000 |
52,500 |
58,000 |
|
|
18 | | 17 |
|
48,500 |
53,500 |
58,500 |
|
|
19 | | 18 |
|
49,500 |
54,000 |
59,000 |
|
|
20 | | 19 |
|
50,000 |
54,500 |
60,000 |
|
|
21 | | 20 |
|
51,000 |
55,500 |
60,500 |
66,000 |
|
22 | | 21 |
|
51,500 |
56,000 |
61,000 |
66,500 |
|
23 | | 22 |
|
52,500 |
56,500 |
61,500 |
67,000 |
|
24 | | 23 |
|
53,000 |
57,500 |
62,500 |
68,000 |
|
25 | | 24 |
|
54,000 |
58,000 |
63,000 |
68,500 |
|
26 | | 25 |
|
54,500 |
58,500 |
63,500 |
69,000 |
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| 1 | | 26 |
|
55,500 |
59,500 |
64,000 |
69,500 |
|
2 | | 27 |
|
56,000 |
60,000 |
65,000 |
70,000 |
|
3 | | 28 |
|
57,000 |
60,500 |
65,500 |
71,000 |
|
4 | | 29 |
|
57,500 |
61,500 |
66,000 |
71,500 |
|
5 | | 30 |
|
58,500 |
62,000 |
66,500 |
72,000 |
|
6 | | 31 |
|
59,000 |
62,500 |
67,500 |
72,500 |
|
7 | | 32 |
|
60,000 |
63,500 |
68,000 |
73,000 |
|
8 | | 33 |
|
|
64,000 |
68,500 |
74,000 |
|
9 | | 34 |
|
|
64,500 |
69,000 |
74,500 |
|
10 | | 35 |
|
|
65,500 |
70,000 |
75,000 |
|
11 | | 36 |
|
|
66,000 |
70,500 |
75,500 |
|
12 | | 37 |
|
|
66,500 |
71,000 |
76,000 |
|
13 | | 38 |
|
|
67,500 |
72,000 |
77,000 |
|
14 | | 39 |
|
|
68,000 |
72,500 |
77,500 |
|
15 | | 40 |
|
|
68,500 |
73,000 |
78,000 |
|
16 | | 41 |
|
|
69,500 |
73,500 |
78,500 |
|
17 | | 42 |
|
|
70,000 |
74,000 |
79,000 |
|
18 | | 43 |
|
|
70,500 |
75,000 |
80,000 |
|
19 | | 44 |
|
|
71,500 |
75,500 |
|
|
20 | | 45 |
|
|
72,000 |
76,000 |
|
|
21 | | 46 |
|
|
72,500 |
76,500 |
|
|
22 | | 47 |
|
|
73,500 |
77,500 |
|
|
23 | | 48 |
|
|
74,000 |
78,000 |
|
|
24 | | 49 |
|
|
74,500 |
78,500 |
|
|
25 | | 50 |
|
|
75,500 |
79,000 |
|
|
26 | | 51 |
|
|
76,000 |
80,000 |
|
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| 1 | | 52 |
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|
76,500 |
| |
|
2 | | 53 |
|
|
77,500 |
| |
|
3 | | 54 |
|
|
78,000 |
| |
|
4 | | 55 |
|
|
78,500 |
| |
|
5 | | 56 |
|
|
79,500 |
| |
|
6 | | 57 |
|
|
80,000 |
| |
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7 | | *If the distance between 2 axles is 96 inches or less, the 2 | 8 | | axles are
tandem axles and the maximum total weight may not | 9 | | exceed 34,000 pounds,
notwithstanding the higher limit | 10 | | resulting from the application of the formula.
| 11 | | Vehicles not in a combination having more than 4 axles may | 12 | | not exceed the
weight in the table in this subsection (a) for 4 | 13 | | axles measured between the
extreme axles of the
vehicle.
| 14 | | Vehicles in a combination having more than 6 axles may not | 15 | | exceed the weight
in the table in this subsection (a) for 6 | 16 | | axles measured between the extreme
axles of the
combination.
| 17 | | Local authorities, with respect
to streets and highways | 18 | | under their jurisdiction, without additional
fees, may also by | 19 | | ordinance or resolution allow the weight limitations of this
| 20 | | subsection, provided the maximum gross weight on any one axle | 21 | | shall not exceed
20,000 pounds and the maximum total weight on | 22 | | any tandem axle
shall not exceed
34,000 pounds, on designated | 23 | | highways when appropriate regulatory signs giving
notice are | 24 | | erected upon the street or highway or portion of any street or
| 25 | | highway affected by the ordinance or resolution.
| 26 | | The following are exceptions to the above formula:
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| 1 | | (1) Vehicles for which a different limit is established | 2 | | and posted in
accordance with Section 15-316 of this Code.
| 3 | | (2) Vehicles for which the Department of | 4 | | Transportation and local
authorities issue overweight
| 5 | | permits under authority of Section 15-301 of this Code. | 6 | | These vehicles are
not subject
to the bridge formula.
| 7 | | (3) Cities having a population of more than 50,000 may | 8 | | permit by
ordinance axle loads on 2 axle motor vehicles 33 | 9 | | 1/2% above those
provided for herein, but the increase | 10 | | shall not become effective until the
city has officially | 11 | | notified the Department of the passage of the
ordinance and | 12 | | shall not apply to those vehicles when outside of the | 13 | | limits
of the city, nor shall the gross weight of any 2 | 14 | | axle motor vehicle
operating over any street of the city | 15 | | exceed 40,000 pounds.
| 16 | | (4) Weight limitations shall not apply to vehicles | 17 | | (including loads)
operated by a public utility when | 18 | | transporting equipment required for
emergency repair of | 19 | | public utility facilities or properties or water wells.
| 20 | | (5) Two consecutive sets of tandem axles may carry a | 21 | | total weight of
34,000
pounds each if the overall distance | 22 | | between the first and last axles of the
consecutive sets of | 23 | | tandem axles is 36 feet or more, notwithstanding the lower | 24 | | limit resulting from the application of the above formula.
| 25 | | (6) A truck, not in combination and used exclusively | 26 | | for the collection of
rendering materials,
may, when laden, |
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| 1 | | transmit upon the road surface,
except when on part of the | 2 | | National System of Interstate and Defense
Highways, the
| 3 | | following maximum weights:
22,000 pounds on a single axle; | 4 | | 40,000 pounds on a tandem axle.
| 5 | | (7) A truck not in combination, equipped with a self | 6 | | compactor or an
industrial roll-off hoist and roll-off | 7 | | container, used exclusively for garbage,
refuse, or | 8 | | recycling operations, may, when laden, transmit upon the | 9 | | road surface,
except when on part of the National System of | 10 | | Interstate and Defense
Highways, the following maximum | 11 | | weights: 22,000 pounds on a
single axle; 40,000 pounds on a | 12 | | tandem axle; 40,000 pounds gross weight on a
2-axle | 13 | | vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| 14 | | This vehicle is not subject to the bridge formula.
| 15 | | (7.5) A 3-axle rear discharge truck mixer registered as | 16 | | a Special Hauling Vehicle, used exclusively for the mixing | 17 | | and transportation of concrete in the plastic state, may, | 18 | | when laden, transmit upon the road surface, except when on | 19 | | part of the National System of Interstate and Defense | 20 | | Highways, the following maximum weights: 22,000 pounds on | 21 | | single axle; 40,000 pounds on a tandem axle; 54,000 pounds | 22 | | gross weight on a 3-axle vehicle. This vehicle is not | 23 | | subject to the bridge formula. | 24 | | (8) Except as provided in paragraph (7.5) of this | 25 | | subsection (a), tandem axles on a 3-axle truck registered | 26 | | as a Special Hauling
Vehicle, manufactured prior to or in |
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| 1 | | the model year of 2024 and
first
registered in Illinois | 2 | | prior to January 1, 2025, with a distance
greater than
72 | 3 | | inches but not more than 96 inches between any series of 2 | 4 | | axles, is
allowed a combined weight on the series not to | 5 | | exceed 36,000 pounds and neither
axle of the series may | 6 | | exceed 20,000 pounds. Any vehicle of this type
manufactured
| 7 | | after the model year of 2024 or first registered in | 8 | | Illinois after
December 31,
2024 may not exceed a combined | 9 | | weight of 34,000 pounds through the
series of
2 axles and | 10 | | neither axle of the series may exceed 20,000 pounds. | 11 | | A 3-axle combination sewer cleaning jetting vacuum | 12 | | truck registered as a Special Hauling
Vehicle, used | 13 | | exclusively for the transportation of
non-hazardous solid | 14 | | waste, manufactured before or in the
model year of 2014, | 15 | | first registered in Illinois before
January 1, 2015, may, | 16 | | when laden, transmit upon the road
surface, except when on | 17 | | part of the National System of
Interstate and Defense | 18 | | Highways, the following maximum
weights: 22,000 pounds on a | 19 | | single axle; 40,000 pounds on a
tandem axle; 54,000 pounds | 20 | | gross weight on a 3-axle
vehicle. This vehicle is not | 21 | | subject to the bridge formula. | 22 | | (9) A 4-axle truck mixer registered as a Special | 23 | | Hauling Vehicle, used exclusively for the mixing and | 24 | | transportation of concrete in the plastic state, 2024 2025 | 25 | | and not operated on a highway that is part of the National | 26 | | System of Interstate Highways, is allowed the following |
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| 1 | | maximum weights: 20,000 pounds on any single axle; 36,000 | 2 | | pounds on a series of axles greater than 72 inches but not | 3 | | more than 96 inches; and 34,000 pounds on any series of 2 | 4 | | axles greater than 40 inches but not more than 72 inches. | 5 | | The gross weight of this vehicle may not exceed the weights | 6 | | allowed by the bridge formula for 4 axles. The bridge | 7 | | formula does not apply to any series of 3 axles while the | 8 | | vehicle is transporting concrete in the plastic state, but | 9 | | no axle or tandem axle of the series may exceed the maximum | 10 | | weight permitted under this paragraph (9) of subsection | 11 | | (a). | 12 | | (10) Combinations of vehicles, registered as Special | 13 | | Hauling Vehicles that
include a semitrailer manufactured | 14 | | prior to or in the model year of 2024, and
registered in | 15 | | Illinois prior to January 1, 2025, having 5 axles
with a
| 16 | | distance of 42 feet or less between extreme axles, may not | 17 | | exceed the
following maximum weights: 20,000 pounds on a | 18 | | single axle; 34,000 pounds on a
tandem axle; and 72,000 | 19 | | pounds gross weight. This combination of vehicles is
not | 20 | | subject
to the bridge formula. For all those combinations | 21 | | of vehicles that include a
semitrailer manufactured after | 22 | | the effective date of P.A. 92-0417, the overall distance | 23 | | between the first and last
axles of the 2 sets of
tandems | 24 | | must be 18 feet 6 inches or
more. Any combination of | 25 | | vehicles that has had its cargo
container replaced in its | 26 | | entirety after December 31, 2024 may not
exceed
the weights |
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| 1 | | allowed by the bridge formula. | 2 | | (11) The maximum weight allowed on a vehicle with | 3 | | crawler type tracks is 40,000 pounds. | 4 | | (12) A combination of vehicles, including a tow truck | 5 | | and a disabled vehicle
or disabled combination of vehicles, | 6 | | that exceeds the weight restriction
imposed by this Code, | 7 | | may be operated on a public highway in this State
provided | 8 | | that neither the disabled vehicle nor any vehicle being | 9 | | towed nor
the tow truck itself shall exceed the weight | 10 | | limitations permitted
under this Chapter. During the | 11 | | towing operation, neither the tow truck nor
the vehicle | 12 | | combination shall exceed
24,000 pounds on a single
rear | 13 | | axle and
44,000 pounds on a tandem rear axle, provided the | 14 | | towing vehicle: | 15 | | (i) is specifically designed as a tow truck having | 16 | | a gross vehicle
weight
rating of at least 18,000 pounds | 17 | | and is equipped with air brakes, provided that
air
| 18 | | brakes are required only if the towing vehicle is | 19 | | towing a vehicle,
semitrailer, or tractor-trailer | 20 | | combination that is equipped with air brakes; | 21 | | (ii) is equipped with flashing, rotating, or | 22 | | oscillating amber lights,
visible for at least 500 feet | 23 | | in all directions; | 24 | | (iii) is capable of utilizing the lighting and | 25 | | braking systems of the
disabled vehicle or combination | 26 | | of vehicles; and |
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| 1 | | (iv) does not engage in a tow exceeding 20 miles | 2 | | from the initial point of
wreck or disablement. Any | 3 | | additional movement of the vehicles may occur only
upon | 4 | | issuance of authorization for that movement under the | 5 | | provisions of
Sections 15-301 through 15-319 of this | 6 | | Code. The towing vehicle, however,
may tow any disabled | 7 | | vehicle to a point where repairs are actually to
occur. | 8 | | This movement shall be valid only on State routes.
The | 9 | | tower must abide by posted bridge weight
limits. | 10 | | Gross weight limits shall not apply to the combination of | 11 | | the tow truck
and vehicles being towed. The tow truck license | 12 | | plate must cover the
operating empty weight of the tow truck | 13 | | only. The weight
of each vehicle being towed shall be covered | 14 | | by a valid license plate issued to
the owner or operator of the | 15 | | vehicle being towed and displayed on that vehicle.
If no valid | 16 | | plate issued to the owner or operator of that vehicle is | 17 | | displayed
on that vehicle, or the plate displayed on that | 18 | | vehicle does not cover the
weight of the vehicle, the weight of | 19 | | the vehicle shall be covered by
the third tow truck plate | 20 | | issued to the owner or operator of the tow truck and
| 21 | | temporarily affixed to the vehicle being towed. If a roll-back | 22 | | carrier is registered and being used as a tow truck, however, | 23 | | the license plate or plates for the tow truck must cover the | 24 | | gross vehicle weight, including any load carried on the bed of | 25 | | the roll-back carrier. | 26 | | (13) A Recovery Vehicle as defined in Section 1-168.7 |
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| 1 | | of this Code and registered under subsection (a-5) of | 2 | | Section 3-815 of this Code. | 3 | | The Department may by rule or regulation prescribe | 4 | | additional requirements.
However, nothing in this Code shall | 5 | | prohibit a tow truck under
instructions of a police officer | 6 | | from legally clearing a disabled vehicle,
that may be in | 7 | | violation of weight limitations of this Chapter, from the
| 8 | | roadway to the berm or shoulder of the highway.
If in the | 9 | | opinion of the police officer that location is unsafe, the | 10 | | officer
is authorized to have the disabled vehicle towed to the | 11 | | nearest place of
safety. | 12 | | For the purpose of this subsection, gross vehicle weight | 13 | | rating, or
GVWR, means the value specified by the manufacturer | 14 | | as the loaded
weight of the tow truck. | 15 | | (b) As used in this Section, "recycling haul" or "recycling | 16 | | operation" means the hauling of non-hazardous, non-special, | 17 | | non-putrescible materials, such as paper, glass, cans, or | 18 | | plastic, for subsequent use in the secondary materials market. | 19 | | (c) No vehicle or combination of vehicles equipped with | 20 | | pneumatic tires
shall be operated, unladen or with load, upon | 21 | | the highways of this State in
violation of the provisions of | 22 | | any permit issued under the provisions of
Sections 15-301 | 23 | | through 15-319 of this Chapter. | 24 | | (d) No vehicle or combination of vehicles equipped with | 25 | | other than pneumatic
tires may be operated, unladen or with | 26 | | load, upon the highways of this State
when the gross weight on |
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| 1 | | the road surface through any wheel exceeds 800
pounds per inch | 2 | | width of tire tread or when the gross weight on the road
| 3 | | surface through any axle exceeds 16,000 pounds.
| 4 | | (e) No person shall operate a vehicle or combination of | 5 | | vehicles over
a bridge or other elevated structure constituting | 6 | | part of a highway with a
gross weight that is greater than the | 7 | | maximum weight permitted by the
Department, when the structure | 8 | | is sign posted as provided in this Section. | 9 | | (f) The Department upon request from any local authority | 10 | | shall, or upon
its own initiative may, conduct an investigation | 11 | | of any bridge or other
elevated structure constituting a part | 12 | | of a highway, and if it finds that
the structure cannot with | 13 | | safety to itself withstand the weight of vehicles
otherwise | 14 | | permissible under this Code the Department shall determine and
| 15 | | declare the maximum weight of vehicles that the structures can | 16 | | withstand,
and shall cause or permit suitable signs stating | 17 | | maximum weight to be
erected and maintained before each end of | 18 | | the structure. No person shall
operate a vehicle or combination | 19 | | of vehicles over any structure with a
gross weight that is | 20 | | greater than the posted maximum weight.
| 21 | | (g) Upon the trial of any person charged with a violation | 22 | | of subsection
(e) or (f) of this Section, proof of the | 23 | | determination of the maximum
allowable weight by the Department | 24 | | and the existence of the signs,
constitutes conclusive evidence | 25 | | of the maximum weight that can be
maintained with safety to the | 26 | | bridge or structure.
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| 1 | | (Source: P.A. 97-201, eff. 1-1-12; 98-409, eff. 1-1-14; 98-410, | 2 | | eff. 8-16-13; revised 9-19-13.)
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