Illinois General Assembly - Full Text of HB2580
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Full Text of HB2580  100th General Assembly




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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 3-401 and 15-301 as follows:
6    (625 ILCS 5/3-401)  (from Ch. 95 1/2, par. 3-401)
7    Sec. 3-401. Effect of provisions.
8    (a) It shall be unlawful for any person to violate any
9provision of this Chapter or to drive or move or for an owner
10knowingly to permit to be driven or moved upon any highway any
11vehicle of a type required to be registered hereunder which is
12not registered or for which the appropriate fee has not been
13paid when and as required hereunder, except that when
14application accompanied by proper fee has been made for
15registration of a vehicle it may be operated temporarily
16pending complete registration upon displaying a duplicate
17application duly verified or other evidence of such application
18or otherwise under rules and regulations promulgated by the
19Secretary of State.
20    (b) The appropriate fees required to be paid under the
21various provisions of this Act for registration of vehicles
22shall mean the fee or fees which would have been paid
23initially, if proper and timely application had been made to



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1the Secretary of State for the appropriate registration
2required, whether such registration be a flat weight
3registration, a single trip permit, a reciprocity permit or a
4supplemental application to an original prorate application
5together with payment of fees due under the supplemental
6application for prorate decals.
7    (c) Effective October 1, 1984, no vehicle required to pay a
8Federal Highway Users Tax shall be registered unless proof of
9payment, in a form prescribed and approved by the Secretary of
10State, is submitted with the appropriate registration.
11Notwithstanding any other provision of this Code, failure of
12the applicant to comply with this paragraph shall be deemed
13grounds for the Secretary to refuse registration.
14    (c-1) A vehicle may not be registered by the Secretary of
15State unless that vehicle:
16        (1) was originally manufactured for operation on
17    highways;
18        (2) is a modification of a vehicle that was originally
19    manufactured for operation on highways; or
20        (3) was assembled from component parts designed for use
21    in vehicles to be operated on highways.
22    (d) Second division vehicles.
23        (1) A vehicle of the second division moved or operated
24    within this State shall have had paid for it the
25    appropriate registration fees and flat weight tax, as
26    evidenced by the Illinois registration issued for that



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1    vehicle, for the gross weight of the vehicle and load being
2    operated or moved within this State. Second division
3    vehicles of foreign jurisdictions operated within this
4    State under a single trip permit, fleet reciprocity plan,
5    prorate registration plan, or apportional registration
6    plan, instead of second division vehicle registration
7    under Article VIII of this Chapter, must have had paid for
8    it the appropriate registration fees and flat weight tax in
9    the base jurisdiction of that vehicle, as evidenced by the
10    maximum gross weight shown on the foreign registration
11    cards, plus any appropriate fees required under this Code.
12        (2) If a vehicle and load are operated in this State
13    and the appropriate fees and taxes have not been paid or
14    the vehicle and load exceed the registered gross weight for
15    which the required fees and taxes have been paid by 2001
16    pounds or more, the operator or owner shall be fined as
17    provided in Section 15-113 of this Code. However, an owner
18    or operator shall not be subject to arrest under this
19    subsection for any weight in excess of 80,000 pounds.
20    Further, no fine shall exceed the actual cost of what the
21    appropriate registration for that vehicle and load should
22    have been as established in subsection (a) of Section 3-815
23    of this Chapter regardless of the route traveled. For
24    purposes of this paragraph (2), "appropriate registration"
25    means the full annual cost of the required registration and
26    its associated fees.



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1        (3) Any person operating a legal combination of
2    vehicles displaying valid registration shall not be
3    considered in violation of the registration provision of
4    this subsection unless the total gross weight of the
5    combination exceeds the total licensed weight of the
6    vehicles in the combination. The gross weight of a vehicle
7    exempt from the registration requirements of this Chapter
8    shall not be included when determining the total gross
9    weight of vehicles in combination. Any vehicle operating
10    under an emergency harvest permit, as described in
11    subsection (e-1) of Section 15-301 of this Code, shall not
12    be in violation of this paragraph (3).
13        (4) If the defendant claims that he or she had
14    previously paid the appropriate Illinois registration fees
15    and taxes for this vehicle before the alleged violation,
16    the defendant shall have the burden of proving the
17    existence of the payment by competent evidence. Proof of
18    proper Illinois registration issued by the Secretary of
19    State, or the appropriate registration authority from the
20    foreign state, shall be the only competent evidence of
21    payment.
22(Source: P.A. 97-201, eff. 1-1-12.)
23    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
24    Sec. 15-301. Permits for excess size and weight.
25    (a) The Department with respect to highways under its



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1jurisdiction and local authorities with respect to highways
2under their jurisdiction may, in their discretion, upon
3application and good cause being shown therefor, issue a
4special permit authorizing the applicant to operate or move a
5vehicle or combination of vehicles of a size or weight of
6vehicle or load exceeding the maximum specified in this Act or
7otherwise not in conformity with this Act upon any highway
8under the jurisdiction of the party granting such permit and
9for the maintenance of which the party is responsible.
10Applications and permits other than those in written or printed
11form may only be accepted from and issued to the company or
12individual making the movement. Except for an application to
13move directly across a highway, it shall be the duty of the
14applicant to establish in the application that the load to be
15moved by such vehicle or combination cannot reasonably be
16dismantled or disassembled, the reasonableness of which shall
17be determined by the Secretary of the Department. For the
18purpose of over length movements, more than one object may be
19carried side by side as long as the height, width, and weight
20laws are not exceeded and the cause for the over length is not
21due to multiple objects. For the purpose of over height
22movements, more than one object may be carried as long as the
23cause for the over height is not due to multiple objects and
24the length, width, and weight laws are not exceeded. For the
25purpose of an over width movement, more than one object may be
26carried as long as the cause for the over width is not due to



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1multiple objects and length, height, and weight laws are not
2exceeded. Except for transporting fluid milk products, no State
3or local agency shall authorize the issuance of excess size or
4weight permits for vehicles and loads that are divisible and
5that can be carried, when divided, within the existing size or
6weight maximums specified in this Chapter. Any excess size or
7weight permit issued in violation of the provisions of this
8Section shall be void at issue and any movement made thereunder
9shall not be authorized under the terms of the void permit. In
10any prosecution for a violation of this Chapter when the
11authorization of an excess size or weight permit is at issue,
12it is the burden of the defendant to establish that the permit
13was valid because the load to be moved could not reasonably be
14dismantled or disassembled, or was otherwise nondivisible.
15    (b) The application for any such permit shall: (1) state
16whether such permit is requested for a single trip or for
17limited continuous operation; (2) state if the applicant is an
18authorized carrier under the Illinois Motor Carrier of Property
19Law, if so, his certificate, registration or permit number
20issued by the Illinois Commerce Commission; (3) specifically
21describe and identify the vehicle or vehicles and load to be
22operated or moved except that for vehicles or vehicle
23combinations registered by the Department as provided in
24Section 15-319 of this Chapter, only the Illinois Department of
25Transportation's (IDT) registration number or classification
26need be given; (4) state the routing requested including the



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



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1Department shall install an automatic device for recording
2applications received and permits issued by telephone. In
3making application by telephone, the Department and applicant
4waive all objections to the recording of the conversation.
5    (d) The Department shall, upon application in writing from
6any local authority, issue an annual permit authorizing the
7local authority to move oversize highway construction,
8transportation, utility and maintenance equipment over roads
9under the jurisdiction of the Department. The permit shall be
10applicable only to equipment and vehicles owned by or
11registered in the name of the local authority, and no fee shall
12be charged for the issuance of such permits.
13    (e) As an exception to paragraph (a) of this Section, the
14Department and local authorities, with respect to highways
15under their respective jurisdictions, in their discretion and
16upon application in writing may issue a special permit for
17limited continuous operation, authorizing the applicant to
18move loads of agricultural commodities on a 2 axle single
19vehicle registered by the Secretary of State with axle loads
20not to exceed 35%, on a 3 or 4 axle vehicle registered by the
21Secretary of State with axle loads not to exceed 20%, and on a
225 axle vehicle registered by the Secretary of State not to
23exceed 10% above those provided in Section 15-111. The total
24gross weight of the vehicle, however, may not exceed the
25maximum gross weight of the registration class of the vehicle
26allowed under Section 3-815 or 3-818 of this Code.



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



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1the vehicle's axle weight and gross weight do not exceed 10%
2above the maximum limits under Section 15-111 of this Code and
3does not exceed the vehicle's registered gross weight by 10%.
4All other restrictions that apply to permits issued under this
5Section shall apply during the declared time period and no fee
6shall 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. the weight does not
10exceed 20% above the limits provided in Section 15-111. All
11other restrictions that apply to permits issued under this
12Section shall apply during the declared time period. With
13respect to highways under the jurisdiction of local
14authorities, the local authorities may, at their discretion,
15waive special permit requirements during harvest season
16emergencies, and set a divisible load weight limit not to
17exceed 10% above a vehicle's registered gross weight, provided
18that the vehicle's axle weight and gross weight do not exceed
1910% above the maximum limits specified in Section 15-111.
20Permits issued under this subsection (e-1) This permit
21exemption shall apply to all registered vehicles eligible to
22obtain permits under this Section, including commercial
23vehicles used in private or for-hire movement of divisible load
24agricultural commodities in use during the declared time
26    (f) The form and content of the permit shall be determined



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1by the Department with respect to highways under its
2jurisdiction and by local authorities with respect to highways
3under their jurisdiction. Every permit shall be in written form
4and carried in the vehicle or combination of vehicles to which
5it refers and shall be open to inspection by any police officer
6or authorized agent of any authority granting the permit and no
7person shall violate any of the terms or conditions of such
8special permit. Violation of the terms and conditions of the
9permit shall not be deemed a revocation of the permit; however,
10any vehicle and load found to be off the route prescribed in
11the permit shall be held to be operating without a permit. Any
12off route vehicle and load shall be required to obtain a new
13permit or permits, as necessary, to authorize the movement back
14onto the original permit routing. No rule or regulation, nor
15anything herein shall be construed to authorize any police
16officer, court, or authorized agent of any authority granting
17the permit to remove the permit from the possession of the
18permittee unless the permittee is charged with a fraudulent
19permit violation as provided in paragraph (i). However, upon
20arrest for an offense of violation of permit, operating without
21a permit when the vehicle is off route, or any size or weight
22offense under this Chapter when the permittee plans to raise
23the issuance of the permit as a defense, the permittee, or his
24agent, must produce the permit at any court hearing concerning
25the alleged offense.
26    If the permit designates and includes a routing to a



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1certified scale, the permittee, while enroute to the designated
2scale, shall be deemed in compliance with the weight provisions
3of the permit provided the axle or gross weights do not exceed
4any of the permitted limits by more than the following amounts:
5        Single axle               2000 pounds
6        Tandem axle               3000 pounds
7        Gross                     5000 pounds
8    (g) The Department is authorized to adopt, amend, and to
9make available to interested persons a policy concerning
10reasonable rules, limitations and conditions or provisions of
11operation upon highways under its jurisdiction in addition to
12those contained in this Section for the movement by special
13permit of vehicles, combinations, or loads which cannot
14reasonably be dismantled or disassembled, including
15manufactured and modular home sections and portions thereof.
16All rules, limitations and conditions or provisions adopted in
17the policy shall have due regard for the safety of the
18traveling public and the protection of the highway system and
19shall have been promulgated in conformity with the provisions
20of the Illinois Administrative Procedure Act. The requirements
21of the policy for flagmen and escort vehicles shall be the same
22for all moves of comparable size and weight. When escort
23vehicles are required, they shall meet the following
25        (1) All operators shall be 18 years of age or over and
26    properly licensed to operate the vehicle.



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1        (2) Vehicles escorting oversized loads more than
2    12-feet wide must be equipped with a rotating or flashing
3    amber light mounted on top as specified under Section
4    12-215.
5    The Department shall establish reasonable rules and
6regulations regarding liability insurance or self insurance
7for vehicles with oversized loads promulgated under the
8Illinois Administrative Procedure Act. Police vehicles may be
9required for escort under circumstances as required by rules
10and regulations of the Department.
11    (h) Violation of any rule, limitation or condition or
12provision of any permit issued in accordance with the
13provisions of this Section shall not render the entire permit
14null and void but the violator shall be deemed guilty of
15violation of permit and guilty of exceeding any size, weight or
16load limitations in excess of those authorized by the permit.
17The prescribed route or routes on the permit are not mere
18rules, limitations, conditions, or provisions of the permit,
19but are also the sole extent of the authorization granted by
20the permit. If a vehicle and load are found to be off the route
21or routes prescribed by any permit authorizing movement, the
22vehicle and load are operating without a permit. Any off route
23movement shall be subject to the size and weight maximums,
24under the applicable provisions of this Chapter, as determined
25by the type or class highway upon which the vehicle and load
26are being operated.



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



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



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



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



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1the load does not promote economic development and the proposed
2route travels less than 5 miles. The Department may promulgate
3rules for the purpose of establishing the divisibility of a
4load pursuant to paragraph (a). Any load determined by the
5Secretary to be nondivisible shall otherwise comply with the
6existing size or weight maximums specified in this Chapter.
7(Source: P.A. 99-717, eff. 8-5-16.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.