State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ House Amendment 001 ]

90_HB1534

      625 ILCS 5/15-316         from Ch. 95 1/2, par. 15-316
          Amends the Vehicle Code. Provides that motor vehicles and
      motor vehicles in combination with gross and axle weights not
      exceeding the weight limitations applicable to  operation  on
      Interstate  and  State  highways (now, with gross weights not
      exceeding 73,280 pounds)  operating  on  highways  under  the
      control  of  State or local authorities (now, local only) may
      have unlimited access (now, access for a distance of 5 miles)
      from a  State  highway  for  loading,  unloading,  and  other
      purposes. Effective January 1, 1998.
                                                     LRB9002489NTsb
                                               LRB9002489NTsb
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 15-316.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.  The  Illinois  Vehicle  Code  is  amended by
 6    changing Section 15-316 as follows:
 7        (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
 8        (Text of Section before amendment by P.A. 89-687)
 9        Sec. 15-316. When the Department, local authority or road
10    district highway  commissioner  may  restrict  right  to  use
11    highways.
12        (a)  Local   authorities   and   road   district  highway
13    commissioners  with   respect   to   highways   under   their
14    jurisdiction  may  by  ordinance  or  resolution prohibit the
15    operation  of  vehicles  upon  any  such  highway  or  impose
16    restrictions as to the weight of vehicles to be operated upon
17    any such highway, for a total period of not to exceed 90 days
18    in any one calendar year, whenever any said highway by reason
19    of deterioration, rain, snow,  or  other  climate  conditions
20    will  be  seriously  damaged  or  destroyed unless the use of
21    vehicles thereon is prohibited  or  the  permissible  weights
22    thereof reduced.
23        (b)  The   local   authority  or  road  district  highway
24    commissioner enacting any such ordinance or resolution  shall
25    erect or cause to be erected and maintained signs designating
26    the  provision  of the ordinance or resolution at each end of
27    that  portion  of  any  highway  affected  thereby,  and  the
28    ordinance or resolution shall not  be  effective  unless  and
29    until such signs are erected and maintained.
30        (c)  Local   authorities   and   road   district  highway
31    commissioners  with   respect   to   highways   under   their
                            -2-                LRB9002489NTsb
 1    jurisdiction  may  also, by ordinance or resolution, prohibit
 2    the operation of trucks or other commercial vehicles, or  may
 3    impose  limitations  as  the  weight  thereof,  on designated
 4    highways,  which  prohibitions  and  limitations   shall   be
 5    designated by appropriate signs placed on such highways.
 6        (c-1)  The  weight  provisions of subsections (a) and (b)
 7    take precedence over the provisions of subsections (d-1)  and
 8    (d-2).
 9        (d)  The  Department  shall  likewise  have  authority as
10    hereinbefore granted to local authorities and  road  district
11    highway  commissioners  to  determine  by  resolution  and to
12    impose restrictions as to the  weight  of  vehicles  operated
13    upon  any  highway under the jurisdiction of said department,
14    and such restrictions shall be effective  when  signs  giving
15    notice thereof are erected upon the highway or portion of any
16    highway affected by such resolution.
17        (d-1)  Motor  vehicles  and motor vehicles in combination
18    with  gross  and  axle  weights  not  exceeding  the   weight
19    limitations  specified  in  subsection  (f) of Section 15-111
20    73,280 pounds and up to 65 feet in  overall  length  and  102
21    inches  in  width  operating on highways under the control of
22    the State or a  county  or  township  road  district  highway
23    commissioner may have access for a distance of 5 miles from a
24    State   designated   highway  for  the  purpose  of  loading,
25    unloading, services, and home base.  No  exemption  shall  be
26    granted  authorizing  travel on local roads as a thoroughfare
27    between State designated highways.
28        (d-2)  Motor vehicles and motor vehicles  in  combination
29    with   gross  and  axle  weights  not  exceeding  the  weight
30    limitations specified in subsection  (f)  of  Section  15-111
31    73,280  pounds  and  up  to 65 feet in overall length and 102
32    inches in width operating on highways under  the  control  of
33    municipal  authorities  may  have  access  for 5 miles from a
34    State designated highway  for  the  purpose  of  loading  and
                            -3-                LRB9002489NTsb
 1    unloading  and  one mile for food, fuel, repairs, and rest on
 2    those municipally controlled highways.  No exemption shall be
 3    granted  authorizing  travel  on   municipal   roads   as   a
 4    thoroughfare between State designated highways.
 5        (e)  When  any  vehicle  is operated in violation of this
 6    Section, the owner or driver of the vehicle shall  be  deemed
 7    guilty  of  a violation and either the owner or the driver of
 8    the vehicle may be prosecuted for the violation.  Any person,
 9    firm, or corporation  convicted  of  violating  this  Section
10    shall  be fined $50 for any weight exceeding the posted limit
11    up to the axle or gross weight limit  allowed  a  vehicle  as
12    provided  for in subsections (a) or (b) of Section 15-111 and
13    $75 per every 500 pounds or fraction thereof for  any  weight
14    exceeding  that  which  is provided for in subsections (a) or
15    (b) of Section 15-111.
16    (Source: P.A. 88-384; 89-117, eff. 7-7-95.)
17        (Text of Section after amendment by P.A. 89-687)
18        Sec. 15-316. When the Department, local authority or road
19    district highway  commissioner  may  restrict  right  to  use
20    highways.
21        (a)  Local   authorities   and   road   district  highway
22    commissioners  with   respect   to   highways   under   their
23    jurisdiction  may  by  ordinance  or  resolution prohibit the
24    operation  of  vehicles  upon  any  such  highway  or  impose
25    restrictions as to the weight of vehicles to be operated upon
26    any such highway, for a total period of not to exceed 90 days
27    in any one calendar year, whenever any said highway by reason
28    of deterioration, rain, snow,  or  other  climate  conditions
29    will  be  seriously  damaged  or  destroyed unless the use of
30    vehicles thereon is prohibited  or  the  permissible  weights
31    thereof reduced.
32        (b)  The   local   authority  or  road  district  highway
33    commissioner enacting any such ordinance or resolution  shall
34    erect or cause to be erected and maintained signs designating
                            -4-                LRB9002489NTsb
 1    the  provision  of the ordinance or resolution at each end of
 2    that  portion  of  any  highway  affected  thereby,  and  the
 3    ordinance or resolution shall not  be  effective  unless  and
 4    until such signs are erected and maintained.
 5        (c)  Local   authorities   and   road   district  highway
 6    commissioners  with   respect   to   highways   under   their
 7    jurisdiction  may  also, by ordinance or resolution, prohibit
 8    the operation of trucks or other commercial vehicles, or  may
 9    impose  limitations  as  the  weight  thereof,  on designated
10    highways,  which  prohibitions  and  limitations   shall   be
11    designated by appropriate signs placed on such highways.
12        (c-1)  The weight provisions of subsections (a), (b), and
13    (c)  take precedence over the provisions of subsections (d-1)
14    and (d-2).
15        (d)  The Department  shall  likewise  have  authority  as
16    hereinbefore  granted  to local authorities and road district
17    highway commissioners  to  determine  by  resolution  and  to
18    impose  restrictions  as  to  the weight of vehicles operated
19    upon any highway under the jurisdiction of  said  department,
20    and  such  restrictions  shall be effective when signs giving
21    notice thereof are erected upon the highway or portion of any
22    highway affected by such resolution.
23        (d-1)  Motor vehicles and motor vehicles  in  combination
24    with   gross  and  axle  weights  not  exceeding  the  weight
25    limitations specified in subsection  (f)  of  Section  15-111
26    73,280  pounds  and  up  to 65 feet in overall length and 102
27    inches in width operating on highways under  the  control  of
28    the  State  or  a  county  or  township road district highway
29    commissioner may have access for a distance of 5 miles from a
30    State  designated  highway  for  the  purpose   of   loading,
31    unloading,  services,  and  home  base. No exemption shall be
32    granted authorizing travel on local roads as  a  thoroughfare
33    between State designated highways.
34        (d-2)  Motor  vehicles  and motor vehicles in combination
                            -5-                LRB9002489NTsb
 1    with  gross  and  axle  weights  not  exceeding  the   weight
 2    limitations  specified  in  subsection  (f) of Section 15-111
 3    73,280 pounds and up to 65 feet in  overall  length  and  102
 4    inches  in  width  operating on highways under the control of
 5    municipal authorities may have access  for  5  miles  from  a
 6    State  designated  highway  for  the  purpose  of loading and
 7    unloading and one mile for food, fuel, repairs, and  rest  on
 8    those municipally controlled highways.  No exemption shall be
 9    granted   authorizing   travel   on   municipal  roads  as  a
10    thoroughfare between State designated highways.
11        (e)  When any vehicle is operated in  violation  of  this
12    Section,  the  owner or driver of the vehicle shall be deemed
13    guilty of a violation and either the owner or the  driver  of
14    the vehicle may be prosecuted for the violation.  Any person,
15    firm,  or  corporation  convicted  of  violating this Section
16    shall be fined $50 for any weight exceeding the posted  limit
17    up  to  the  axle  or gross weight limit allowed a vehicle as
18    provided for in subsections (a) or (b) of Section 15-111  and
19    $75  per  every 500 pounds or fraction thereof for any weight
20    exceeding that which is provided for in  subsections  (a)  or
21    (b) of Section 15-111.
22    (Source: P.A.  88-384;  89-117,  eff.  7-7-95;  89-687,  eff.
23    6-1-97.)
24        Section  95.   No  acceleration or delay.  Where this Act
25    makes changes in a statute that is represented in this Act by
26    text that is not yet or no longer in effect (for  example,  a
27    Section  represented  by  multiple versions), the use of that
28    text does not accelerate or delay the taking  effect  of  (i)
29    the  changes made by this Act or (ii) provisions derived from
30    any other Public Act.
31        Section 99.   Effective  date.   This  Act  takes  effect
32    January 1, 1998.

[ Top ]