(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its jurisdiction
and local authorities with respect to highways under their jurisdiction
may, in their discretion, upon application and good cause being shown
therefor, issue a special permit authorizing the applicant to operate or
move a vehicle or combination of vehicles of a size or weight of vehicle or
load exceeding the maximum specified in this Code or otherwise not in
conformity with this Code upon any highway under the jurisdiction of the
party granting such permit and for the maintenance of which the party is
responsible. Applications and permits other than those in written or
printed form may only be accepted from and issued to the company or
individual making the movement. Except for an application to move directly
across a highway, it shall be the duty of the applicant to establish in the
application that the load to be moved by such vehicle or combination cannot reasonably be
dismantled or
disassembled, the reasonableness of which shall be determined by the Secretary of the Department. For the purpose of
over length movements,
more than one object may be carried side by side as long as the height, width,
and weight laws are not exceeded and the cause for the over length is not due
to multiple objects. For the purpose of over height movements, more than one
object may be carried as long as the cause for the over height is not due to
multiple objects and the length, width, and weight laws are not exceeded. For
the purpose of an over width movement, more than one object may be carried as
long as the cause for the over width is not due to multiple objects and length,
height, and weight laws are not exceeded. Except for transporting fluid milk products, no State or local agency shall
authorize the issuance of excess size or weight permits for vehicles and loads
that are divisible and that can be carried, when divided, within the existing
size or weight maximums specified in this Chapter. Any excess size or weight
permit issued in violation of the provisions of this Section shall be void at
issue and any movement made thereunder shall not be authorized under the terms
of the void permit. In any prosecution for a violation of this Chapter when
the authorization of an excess size or weight permit is at issue, it is the
burden of the defendant to establish that the permit was valid because the load
to be moved could not reasonably be dismantled or disassembled, or was
otherwise nondivisible.
(a-1) As used in this Section, "extreme heavy duty tow and recovery vehicle" means a tow truck manufactured as a unit having a lifting capacity of not less than 50 tons, and having either 4 axles and an unladen weight of not more than 80,000 pounds or 5 axles and an unladen weight not more than 90,000 pounds. Notwithstanding otherwise applicable gross and axle weight limits, an extreme heavy duty tow and recovery vehicle may lawfully travel to and from the scene of a disablement and clear a disabled vehicle if the towing service has obtained an extreme heavy duty tow and recovery permit for the vehicle. The form and content of the permit shall be determined by the Department with respect to highways under its jurisdiction and by local authorities with respect to highways under their jurisdiction. (b) The application for any such permit shall: (1) state whether
such permit is requested for a single trip or for limited continuous
operation; (2) (blank); (3) specifically describe and identify the vehicle or
vehicles and load to be operated or moved; (4) state the
routing requested, including the points of origin and destination, and may
identify and include a request for routing to the nearest certified scale
in accordance with the Department's rules and regulations, provided the
applicant has approval to travel on local roads; and (5) (blank).
(c) The Department or local authority when not inconsistent with
traffic safety is authorized to issue or withhold such permit at its
discretion; or, if such permit is issued at its discretion to prescribe
the route or routes to be traveled, to limit the number of trips, to
establish seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or otherwise to
limit or prescribe conditions of operations of such vehicle or vehicles,
when necessary to assure against undue damage to the road foundations,
surfaces or structures, and may require such undertaking or other
security as may be deemed necessary to compensate for any injury to any
roadway or road structure. The Department shall maintain a daily record of
each permit issued along with the fee and the stipulated dimensions,
weights, conditions, and restrictions authorized and this record shall be
presumed correct in any case of questions or dispute. The Department shall
install an automatic device for recording telephone conversations involving permit applications. The Department and
applicant waive all objections to the recording of the conversation.
(d) The Department shall, upon application in writing from any local
authority, issue an annual permit authorizing the local authority to
move oversize highway construction, transportation, utility, and maintenance
equipment over roads under the jurisdiction of the Department. The permit
shall be applicable only to equipment and vehicles owned by or registered
in the name of the local authority, and no fee shall be charged for the
issuance of such permits.
(e) As an exception to subsection (a) of this Section, the Department
and local authorities, with respect to highways under their respective
jurisdictions, in their discretion and upon application in writing, may
issue a special permit for limited continuous operation, authorizing the
applicant to move loads of agricultural commodities on a 2-axle single
vehicle registered by the Secretary of State with axle loads not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle vehicle registered by the
Secretary of State not to exceed 10% above those provided in Section 15-111. The total gross weight of the vehicle, however,
may not exceed the maximum gross weight of the registration class of the vehicle allowed under Section 3-815 or 3-818 of this Code. As used in this Section, "agricultural commodities"
means: (1) cultivated plants or agricultural produce grown, |
| including, but not limited to, corn, soybeans, wheat, oats, grain sorghum, canola, and rice;
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(2) livestock, including, but not limited to, hogs,
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| equine, sheep, and poultry;
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(3) ensilage; and
(4) fruits and vegetables.
Permits may be issued for a
period not to exceed 40 days and moves may be made of a distance not to
exceed 50 miles from a field, an on-farm grain storage facility, a warehouse as defined in the Grain Code, or a livestock management facility as defined in the Livestock Management Facilities Act over any
highway except the National System of Interstate and Defense Highways. The operator of the vehicle,
however, must abide by posted bridge and posted highway weight limits. All implements of husbandry operating under this Section between sunset and sunrise shall be equipped as prescribed in Section 12-205.1.
(e-1) A special permit shall be issued by the Department under this Section and shall
be required from September 1 through December 31 for a vehicle that exceeds the maximum axle weight and gross weight limits under Section 15-111 of this Code or exceeds the vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits under Section 15-111 of this Code and does not exceed the vehicle's registered gross weight by 10%. All other restrictions that apply to permits issued under this Section shall apply during the declared time period and no fee shall be charged for the issuance of those permits. Permits issued by the Department under this subsection (e-1) are only valid on federal and State highways under the jurisdiction of the Department, except interstate highways. With
respect to highways under the jurisdiction of local authorities, the local
authorities may, at their discretion, waive special permit requirements and set a divisible load weight limit not to exceed 10% above a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits specified in Section 15-111. Permits issued under this subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including vehicles used in private or for-hire movement of divisible load agricultural commodities during the declared time period.
(f) The form and content of the permit shall be determined by the
Department with respect to highways under its jurisdiction and by local
authorities with respect to highways under their jurisdiction. Every permit
shall be in written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection by any
police officer or authorized agent of any authority granting the permit
and no person shall violate any of the terms or conditions of such
special permit. Violation of the terms and conditions of the permit
shall not be deemed a revocation of the permit; however, any vehicle and load
found to be off the route prescribed in the permit shall be held to be
operating without a permit. Any off-route vehicle and load shall be required
to obtain a new permit or permits, as necessary, to authorize the movement back
onto the original permit routing. No rule or regulation, nor anything herein,
shall be construed to authorize any police officer, court, or authorized agent
of any authority granting the permit to remove the permit from the possession
of the permittee unless the permittee is charged with a fraudulent permit
violation as provided in subsection (i). However, upon arrest for an offense of
violation of permit, operating without a permit when the vehicle is off route,
or any size or weight offense under this Chapter when the permittee plans to
raise the issuance of the permit as a defense, the permittee, or his agent,
must produce the permit at any court hearing concerning the alleged offense.
If the permit designates and includes a routing to a certified scale, the permittee, while en route to the designated scale, shall be deemed in compliance
with the weight provisions of the permit provided the axle or gross weights
do not exceed any of the permitted limits by more than the following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and make
available to interested persons a policy concerning reasonable rules,
limitations and conditions or provisions of operation upon highways
under its jurisdiction in addition to those contained in this Section
for the movement by special permit of vehicles, combinations, or loads
which cannot reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof. All rules,
limitations and conditions or provisions adopted in the policy shall
have due regard for the safety of the traveling public and the protection
of the highway system and shall have been promulgated in conformity with
the provisions of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles shall be the
same for all moves of comparable size and weight. When escort vehicles are
required, they shall meet the following requirements:
(1) All operators shall be 18 years of age or over
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| and properly licensed to operate the vehicle.
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(2) Vehicles escorting oversized loads more than 12
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| feet wide must be equipped with a rotating or flashing amber light mounted on top as specified under Section 12-215.
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The Department shall establish reasonable rules and regulations
regarding liability insurance or self insurance for vehicles with
oversized loads promulgated under the Illinois Administrative Procedure
Act. Police vehicles may be required for escort under circumstances as
required by rules and regulations of the Department.
(h) Violation of any rule, limitation or condition or provision of
any permit issued in accordance with the provisions of this Section
shall not render the entire permit null and void but the violator shall
be deemed guilty of violation of permit and guilty of exceeding any size,
weight, or load limitations in excess of those authorized by the permit.
The prescribed route or routes on the permit are not mere rules, limitations,
conditions, or provisions of the permit, but are also the sole extent of the
authorization granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing movement,
the vehicle and load are operating without a permit. Any off-route movement
shall be subject to the size and weight maximums, under the applicable
provisions of this Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made under a
fraudulent permit, the permit shall be void, and the person, firm, or
corporation to whom such permit was granted, the driver of such vehicle
in addition to the person who issued such permit and any accessory,
shall be guilty of fraud and either one or all persons may be prosecuted
for such violation. Any person, firm, or corporation committing such
violation shall be guilty of a Class 4 felony and the Department shall
not issue permits to the person, firm, or corporation convicted of such
violation for a period of one year after the date of conviction.
Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of other Sections of this Code.
(j) Whenever any vehicle is operated or movement made in violation
of a permit issued in accordance with this Section, the person to whom
such permit was granted, or the driver of such vehicle, is guilty of
such violation and either, but not both, persons may be prosecuted for
such violation as stated in this subsection (j). Any person, firm, or
corporation convicted of such violation shall be guilty of a petty
offense and shall be fined, for the first offense, not less than $50 nor
more than $200 and, for the second offense by the same person, firm, or
corporation within a period of one year, not less than $200 nor more
than $300 and, for the third offense by the same person, firm, or
corporation within a period of one year after the date of the first
offense, not less than $300 nor more than $500 and the Department may, in its discretion, not issue permits to the person, firm, or corporation convicted of a
third offense during a period of one year after the date of conviction or supervision
for such third offense. If any violation is the cause or contributing cause in a motor vehicle crash causing damage to property, injury, or death to a person, the Department may, in its discretion, not issue a permit to the person, firm, or corporation for a period of one year after the date of conviction or supervision for the offense.
(k) Whenever any vehicle is operated on local roads under permits
for excess width or length issued by local authorities, such vehicle may
be moved upon a State highway for a distance not to exceed one-half mile
without a permit for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section, the Department,
with respect to highways under its jurisdiction, and local authorities, with
respect to highways under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight requirement, or
both, that would not ordinarily be eligible for a permit, when there is a
showing of extreme necessity that the vehicle and load should be moved without
unnecessary delay.
For the purpose of this subsection, showing of extreme necessity shall be
limited to the following: shipments of livestock, hazardous materials, liquid
concrete being hauled in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in addition to any
penalties imposed for violating any other Section of this Code.
(n) The Department with respect to highways under its jurisdiction and
local
authorities with respect to highways under their jurisdiction, in their
discretion and upon
application in writing, may issue a special permit for continuous limited
operation,
authorizing the applicant to operate a tow truck that exceeds the weight limits
provided
for in subsection (a) of Section 15-111, provided:
(1) no rear single axle of the tow truck exceeds
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(2) no rear tandem axle of the tow truck exceeds
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(2.1) no triple rear axle on a manufactured recovery
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| unit exceeds 60,000 pounds;
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(3) neither the disabled vehicle nor the disabled
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| combination of vehicles exceed the weight restrictions imposed by this Chapter 15, or the weight limits imposed under a permit issued by the Department prior to hookup;
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(4) the tow truck prior to hookup does not exceed the
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| weight restrictions imposed by this Chapter 15;
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(5) during the tow operation the tow truck does not
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| violate any weight restriction sign;
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(6) the tow truck is equipped with flashing,
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| rotating, or oscillating amber lights, visible for at least 500 feet in all directions;
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(7) the tow truck is specifically designed and
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(8) the tow truck has a gross vehicle weight rating
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| of sufficient capacity to safely handle the load;
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(9) the tow truck is equipped with air brakes;
(10) the tow truck is capable of utilizing the
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| lighting and braking systems of the disabled vehicle or combination of vehicles;
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(11) the tow commences at the initial point of wreck
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| or disablement and terminates at a point where the repairs are actually to occur;
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(12) the permit issued to the tow truck is carried in
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| the tow truck and exhibited on demand by a police officer; and
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(13) the movement shall be valid only on State routes
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| approved by the Department.
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(o) (Blank).
(p) In determining whether a load may be reasonably dismantled or disassembled for the purpose of subsection (a), the Department shall consider whether there is a significant negative impact on the condition of the pavement and structures along the proposed route, whether the load or vehicle as proposed causes a safety hazard to the traveling public, whether dismantling or disassembling the load promotes or stifles economic development, and whether the proposed route travels less than 5 miles. A load is not required to be dismantled or disassembled for the purposes of subsection (a) if the Secretary of the Department determines there will be no significant negative impact to pavement or structures along the proposed route, the proposed load or vehicle causes no safety hazard to the traveling public, dismantling or disassembling the load does not promote economic development, and the proposed route travels less than 5 miles.
The Department may promulgate rules for the purpose of establishing the divisibility of a load pursuant to subsection (a). Any load determined by the Secretary to be nondivisible shall otherwise comply with the existing size or weight maximums specified in this Chapter.
(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20; 102-124, eff. 7-23-21; 102-982, eff. 7-1-23 .)
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(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for overweight-gross loads. Fees for special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the flat rate fees
established in this Section for weights in excess of legal gross weights,
by the applicant to the Department.
(a) With respect to fees for overweight-gross loads listed in this
Section and for overweight-axle loads listed in Section 15-306, one fee
only shall be charged, whichever is the greater, but not for both.
(b) In lieu of the fees stated in this Section and Section 15-306,
with respect to combinations of vehicles consisting of a 3-axle truck
tractor with a tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department, equipped with
a tandem axle composed of 3 consecutive axles,
weighing over 80,000 pounds but not more than 88,000 pounds gross
weight, the fees shall be at the following rates:
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Distance |
Rate |
For the first 45 miles |
$10 |
From 45 miles to 90 miles |
12.50 |
From 90 miles to 135 miles |
15.00 |
From 135 miles to 180 miles |
17.50 |
From 180 miles to 225 miles |
20.00 |
For each additional 45 miles or part thereof in excess of the rate for 225 miles, an additional |
2.50 |
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For such combinations weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | 15 | From 45 miles to 90 miles | 25 | From 90 miles to 135 miles | 35 | From 135 miles to 180 miles | 45 | From 180 miles to 225 miles | 55 | For each additional 45 miles or part thereof in excess of the rate for 225 miles, an additional | 10 |
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For such combination weighing over 100,000 pounds but not more than
110,000 pounds gross weight, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $20 | From 45 miles to 90 miles | 32.50 | From 90 miles to 135 miles | 45 | From 135 miles to 180 miles | 57.50 | From 180 miles to 225 miles | 70 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 12.50 |
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For such combinations weighing over 110,000 pounds but not more than 120,000
pounds gross weight, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $30 | From 46 miles to 90 miles | 55 | From 90 miles to 135 miles | 80 | From 135 miles to 180 miles | 105 | From 180 miles to 225 miles | 130 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 25 |
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Payment of overweight fees for the above combinations also shall
include fees for overwidth dimensions of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be charged an additional
fee of $15.
(c) In lieu of the fees stated in this Section and Section 15-306 of
this Chapter, with respect to combinations of vehicles consisting of a
3-axle truck tractor with a tandem axle composed of 2 consecutive axles
drawing a semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2
consecutive axles, weighing over 80,000 pounds but not more than 88,000
pounds gross weight, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $20 | From 45 miles to 90 miles | 32.50 | From 90 miles to 135 miles | 45 | From 135 miles to 180 miles | 57.50 | From 180 miles to 225 miles | 70 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 12.50 |
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For such combination weighing over 88,000 pounds but not more than 100,000
pounds gross weight, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $30 | From 46 miles to 90 miles | 55 | From 90 miles to 135 miles | 80 | From 135 miles to 180 miles | 105 | From 180 miles to 225 miles | 130 | For each additional 45 miles or part thereof in excess of the rate for 225 miles an additional | 25 |
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Payment of overweight fees for the above combinations also shall include
fees for overwidth dimension of 4 feet or less, overheight and overlength.
Any overwidth in excess of 4 feet shall be charged an additional overwidth fee
of $15.
(d) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 3 (or more) axle mobile crane or water
well-drilling vehicle
consisting of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of extreme axles
not less than 18 feet, weighing not more than 60,000 pounds gross with
no single axle weighing more than 21,000 pounds, or any tandem axle
group to exceed 40,000 pounds, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $12.50 | For each additional 45 miles or portion thereof | 9.00 |
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For such vehicles weighing over 60,000 pounds but not more than 68,000
pounds with no single axle weighing more than 21,000 pounds and no tandem
axle group exceeding 48,000 pounds, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any overwidth
in excess of 4 feet shall be charged an additional overwidth fee of $15.
(e) In lieu of the fees stated in this Section and in Section 15-306
of this Chapter, with respect to a 4 (or more) axle mobile crane or water
well drilling vehicle
consisting of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less than 23
feet weighing not more than 72,000 pounds with axle weights on one set
of tandem axles not more than 34,000 pounds, and weight in the
other set of tandem axles not to exceed 40,000 pounds, the fees shall be
at the following rates:
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Distance | Rate | For the first 45 miles | $15 | For each additional 45 miles or portion thereof | 10 |
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For such vehicles weighing over 72,000 pounds but not more than 76,000
pounds with axle weights on either set of tandem axles not more than 44,000
pounds, the fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional fee of $15.
(f) In lieu of fees stated in this Section and in Section 15-306 of
this Chapter, with respect to a two axle mobile crane or water
well-drilling vehicle consisting of 2 single axles weighing not more than
48,000 pounds with no single axle weighing more than 25,000 pounds, the
fees shall be at the following rates:
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Distance | Rate | For the first 45 miles | $15 | For each additional 45 miles or portion thereof | 10 |
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For such vehicles weighing over 48,000 pounds but not more than 54,000
pounds with no single axle weighing more than 28,000 pounds, the fees shall
be at the following rates:
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Distance | Rate | For the first 45 miles | $20 | For each additional 45 miles or portion thereof | 12.50 |
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Payment of overweight fees for the above vehicle shall include
overwidth dimension of 4 feet or less, overheight and overlength. Any
overwidth in excess of 4 feet shall be charged an additional overwidth fee of
$15.
(g) Fees for special permits to move vehicles, combinations of vehicles,
and loads with overweight gross loads not included
in the fee categories shall be paid by the applicant to the Department at
the rate of $50 plus 3.5 cents per ton-mile in excess of legal weight.
With respect to fees for overweight gross loads not included in the schedules
specified in paragraphs (a) through (e) of Section 15-307 and for overweight
axle loads listed in Section 15-306, one fee only shall be charged, whichever
is the greater, but not both. An additional fee in accordance with the
schedule set forth in Section 15-305 shall be charged for each overdimension.
(h) Fees for special permits for continuous limited operation authorizing the applicant to operate vehicles that exceed the weight limits provided for in subsection (a) of Section 15-111.
All single axles excluding the steer axle and axles within a tandem are limited to 24,000 pounds or less unless otherwise noted in this subsection (h). Loads up to 12 feet wide and 110 feet in length shall be included within this permit. Fees shall be $250 for a quarterly and $1,000 for an annual permit. Front tag axle and double tandem trailers are not eligible.
The following configurations qualify for the quarterly and annual permits:
(1) 3 or more axles, total gross weight of 68,000
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| pounds or less, front tandem or axle 21,000 pounds or less, rear tandem 48,000 pounds or less on 2 or 3 axles, 25,000 pounds or less on single axle;
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(2) 4 or more axles, total gross weight of 76,000
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| pounds or less, front tandem 44,000 pounds or less on 2 axles, front axle 20,000 pounds or less, rear tandem 44,000 pounds or less on 2 axles and 23,000 pounds or less on single axle or 48,000 pounds or less on 3 axles, 25,000 pounds or less on single axle;
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(3) 5 or more axles, total gross weight of 100,000
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| pounds or less, front tandem 48,000 pounds or less on 2 axles, front axle 20,000 pounds or less, 25,000 pounds or less on single axle, rear tandem 48,000 pounds or less on 2 axles, 25,000 pounds or less on single axle;
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(4) 6 or more axles, total gross weight of 120,000
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| pounds or less, front tandem 48,000 pounds or less on 2 axles, front axle 20,000 pounds or less, single axle 25,000 pounds or less, or rear tandem 60,000 pounds or less on 3 axles, 21,000 pounds or less on single axles within a tandem.
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(Source: P.A. 102-124, eff. 7-23-21.)
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