State of Illinois
90th General Assembly
Legislation

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90_HB3583

      625 ILCS 5/15-318         from Ch. 95 1/2, par. 15-318
          Amends provisions of the Illinois Vehicle Code  making  a
      person  driving a vehicle illegally (or driving an overweight
      or oversized vehicle) liable for the resulting  damage  to  a
      highway  or  highway  structure.  Provides that the liability
      for a facility damaged beyond repair is its replacement  cost
      (rather than its depreciated replacement cost).
                                                     LRB9009431WHpk
                                               LRB9009431WHpk
 1        AN  ACT  to  amend  the Illinois Vehicle Code by changing
 2    Section 15-318.
 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 15-318 as follows:
 7        (625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
 8        Sec. 15-318. Liability if highway or structure damaged.
 9        (a) Any person driving any vehicle, object or contrivance
10    upon any highway or  highway  structure  is  liable  for  all
11    damage which the highway or structure may sustain as a result
12    of  any illegal operation, driving or moving of such vehicle,
13    object or contrivance, or as a result of operating,  driving,
14    or  moving  any vehicle, object, or contrivance exceeding the
15    maximum dimensions or  weighing  in  excess  of  the  maximum
16    weight  specified in this Chapter but authorized by a special
17    permit issued as provided in this  Chapter.  The  measure  of
18    liability  is  the  cost  of  repairing  a facility partially
19    damaged or the depreciated replacement  cost  of  a  facility
20    damaged  beyond  repair  together  with  all  other  expenses
21    incurred  by  the  authorities  in  control of the highway or
22    highway structure in providing a temporary detour,  including
23    a  temporary  structure, to serve the needs of traffic during
24    the period of repair or replacement of the damaged highway or
25    highway structure.
26        (b)  Whenever such  driver  is  not  the  owner  of  such
27    vehicle,   object,  or  contrivance,  but  is  so  operating,
28    driving, or moving the  same  with  the  express  or  implied
29    permission  of  such  owner,  then  the  owner and driver are
30    jointly and  severally  liable  to  the  extent  provided  in
31    paragraph (a) of this Section.
                            -2-                LRB9009431WHpk
 1        (c)  Recovery may be had in a civil action brought by the
 2    authorities in control of such highway or highway structure.
 3    (Source: P.A. 81-199.)

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