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90_SB1031ham001
LRB9003502NTsbam04
1 AMENDMENT TO SENATE BILL 1031
2 AMENDMENT NO. . Amend Senate Bill 1031 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Sections 15-112, 15-113, and 15-301."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Sections 15-112, 15-113, and 15-301 as follows:
10 (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
11 Sec. 15-112. Officers to weigh vehicles and require
12 removal of excess loads.
13 (a) Any police officer having reason to believe that the
14 weight of a vehicle and load is unlawful shall require the
15 driver to stop and submit to a weighing of the same either by
16 means of a portable or stationary scales that have been
17 tested and approved at a frequency prescribed by the Illinois
18 Department of Agriculture. If such scales are not available
19 at the place where such vehicle is stopped, the police
20 officer shall require that such vehicle be driven to the
21 nearest available scale that has been tested and approved at
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1 a frequency prescribed by the Illinois Department of
2 Agriculture. Notwithstanding any provisions of the Weights
3 and Measures Act or the United States Department of Commerce
4 NIST handbook 44, multi or single draft weighing is an
5 acceptable method of weighing by law enforcement for
6 determining a violation of Chapter 3 or 15 of this Code. Law
7 enforcement is exempt from the requirements of commercial
8 weighing established in NIST handbook 44.
9 Effective July 1, 1998, all officers and technicians,
10 including State, county, and municipal employees, who set up
11 or operate portable scales for wheel load or axle load or
12 both and issue citations based on the use of portable scales
13 for wheel load or axle load or both shall attend and
14 successfully complete initial classroom and field training
15 administered by the Illinois Law Enforcement Training
16 Standards Board, as prescribed by the Department of State
17 Police, the Illinois Department of Agriculture, and the
18 Department of Transportation. After initial certification,
19 biennial training shall be required to maintain
20 certification.
21 (b) Whenever an officer, upon weighing a vehicle and the
22 load, determines that the weight is unlawful and an
23 overweight arrest ticket is issued, such officer shall
24 require the driver to stop the vehicle in a suitable place
25 and remain standing until such portion of the load is removed
26 as may be necessary to reduce the weight of the vehicle to
27 the limit permitted under this Chapter, or to the limit
28 permitted under the terms of a permit issued pursuant to
29 Sections 15-301 through 15-318 and shall forthwith arrest the
30 driver or owner. All material so unloaded shall be cared for
31 by the owner or operator of the vehicle at the risk of such
32 owner or operator; however, whenever a 3 or 4 axle vehicle
33 with a tandem axle dimension greater than 72 inches, but less
34 than 96 inches and registered as a Special Hauling Vehicle is
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1 transporting asphalt or concrete in the plastic state that
2 exceeds axle weight or gross weight limits by less than 4,000
3 pounds, the owner or operator of the vehicle shall accept the
4 arrest ticket or tickets for the alleged violations under
5 this Section and proceed without shifting or reducing the
6 load being transported or may shift or reduce the load under
7 the provisions of subsection (d) or (e) of this Section, when
8 applicable. Any fine imposed following an overweight
9 violation by a vehicle registered as a Special Hauling
10 Vehicle transporting asphalt or concrete in the plastic state
11 shall be paid as provided in subsection 4 of paragraph (a) of
12 Section 16-105 of this Code.
13 (c) The Department of Transportation may, at the request
14 of the Department of State Police, erect appropriate
15 regulatory signs on any State highway directing second
16 division vehicles to a scale. The Department of
17 Transportation may also, at the direction of any State Police
18 officer, erect portable regulating signs on any highway
19 directing second division vehicles to a portable scale.
20 Every such vehicle, pursuant to such sign, shall stop and be
21 weighed.
22 (d) Whenever any axle load of a vehicle exceeds the axle
23 or tandem axle weight limits permitted by paragraph (a) or
24 (f) of Section 15-111 by 2000 pounds or less, the owner or
25 operator of the vehicle must shift or remove the excess so as
26 to comply with paragraph (a) or (f) of Section 15-111. no
27 axle overweight arrest ticket shall be issued to the owner or
28 operator of the vehicle by any officer if the gross weight is
29 shifted or removed as required by this paragraph.
30 (e) Whenever the gross weight of a vehicle with a
31 registered gross weight of 80,000 73,280 pounds or less
32 exceeds the weight limits of paragraph (b) or (f) of Section
33 15-111 of this Chapter by 2000 pounds or less, the owner or
34 operator of the vehicle must remove the excess. Whenever the
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1 gross weight of a vehicle with a registered gross weight of
2 73,281 pounds or more exceeds the weight limits of paragraph
3 (b) or (f) of Section 15-111 by 1,000 pounds or less, the
4 owner or operator of the vehicle must remove the excess. In
5 either case no arrest ticket for overweight of gross any
6 overweight violation of this Code shall be issued to the
7 owner or operator of the vehicle by any officer if the excess
8 weight is removed as required by this paragraph.
9 (f) Whenever an axle load of a vehicle exceeds axle
10 weight limits allowed by the provisions of a permit an arrest
11 ticket shall be issued, but the owner or operator of the
12 vehicle may shift the load so as to comply with the
13 provisions of the permit. Where such shifting of a load to
14 comply with the permit is accomplished, the owner or operator
15 of the vehicle may then proceed.
16 (g) Any driver of a vehicle who refuses to stop and
17 submit his vehicle and load to weighing after being directed
18 to do so by an officer or removes or causes the removal of
19 the load or part of it prior to weighing is guilty of a
20 business offense and shall be fined not less than $500 nor
21 more than $2,000.
22 (Source: P.A. 88-403; 88-476; 88-535.)
23 (625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
24 Sec. 15-113. Violations; Penalties.
25 (a) Whenever any vehicle is operated in violation of the
26 provisions of Section 15-111 or subsection (d) of Section
27 3-401, the owner or driver of such vehicle shall be deemed
28 guilty of such violation and either the owner or the driver
29 of such vehicle may be prosecuted for such violation. Any
30 person charged with a violation of any of these provisions
31 who pleads not guilty shall be present in court for the trial
32 on the charge. Any person, firm or corporation convicted of
33 any violation of Section 15-111 including, but not limited
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1 to, a maximum axle or gross limit specified on a regulatory
2 sign posted in accordance with paragraph (g) or (h) of
3 Section 15-111, shall be fined according to the following
4 schedule:
5 Up to and including 2000 pounds
6 overweight = $50
7 from 2001 through 2500 pounds
8 overweight = the fine is $135
9 from 2501 through 3000 pounds
10 overweight = the fine is $165
11 from 3001 through 3500 pounds
12 overweight = the fine is $260
13 from 3501 through 4000 pounds
14 overweight = the fine is $300
15 from 4001 through 4500 pounds
16 overweight = the fine is $425
17 from 4501 through 5000 pounds
18 overweight = the fine is $475
19 from 5001 or more pounds overweight = the fine shall be
20 computed by
21 assessing $750 for
22 the first 5000
23 pounds overweight
24 and $75 for each
25 additional increment
26 of 500 pounds
27 overweight or
28 fraction thereof.
29 In addition any person, firm or corporation convicted of
30 4 or more violations of Section 15-111 within any 12 month
31 period shall be fined an additional amount of $2500 for the
32 fourth and each subsequent conviction within the 12 month
33 period. Provided, however, that with regard to a firm or
34 corporation, a fourth or subsequent conviction shall mean a
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1 fourth or subsequent conviction attributable to any one
2 employee-driver.
3 (b) Whenever any vehicle is operated in violation of the
4 provisions of Sections 15-102, 15-103 or 15-107, the owner or
5 driver of such vehicle shall be deemed guilty of such
6 violation and either may be prosecuted for such violation.
7 Any person, firm or corporation convicted of any violation of
8 Sections 15-102, 15-103 or 15-107 shall be fined for the
9 first or second conviction an amount equal to not less than
10 $50 nor more than $500, and for the third and subsequent
11 convictions by the same person, firm or corporation within a
12 period of one year after the date of the first offense, not
13 less than $500 nor more than $1,000.
14 (Source: P.A. 88-476; 89-117, eff. 7-7-95; 89-245, eff.
15 1-1-96.)
16 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
17 Sec. 15-301. Permits for excess size and weight.
18 (a) The Department with respect to highways under its
19 jurisdiction and local authorities with respect to highways
20 under their jurisdiction may, in their discretion, upon
21 application and good cause being shown therefor, issue a
22 special permit authorizing the applicant to operate or move a
23 vehicle or combination of vehicles of a size or weight of
24 vehicle or load exceeding the maximum specified in this Act
25 or otherwise not in conformity with this Act upon any highway
26 under the jurisdiction of the party granting such permit and
27 for the maintenance of which the party is responsible.
28 Applications and permits other than those in written or
29 printed form may only be accepted from and issued to the
30 company or individual making the movement. Except for an
31 application to move directly across a highway, it shall be
32 the duty of the applicant to establish in the application
33 that the load to be moved by such vehicle or combination is
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1 composed of a single object that cannot reasonably be
2 dismantled or disassembled. More than one object may be
3 carried under permit as long as the carriage of the
4 additional object or objects does not cause the size or
5 weight of the vehicle or load to exceed beyond that required
6 for carriage of the single, indivisible object itself. For
7 the purpose of over length movements, more than one object
8 may be carried side by side as long as the height, width, and
9 weight laws are not exceeded and the cause for the over
10 length is not due to multiple objects. For the purpose of
11 over height movements, more than one object may be carried as
12 long as the cause for the over height is not due to multiple
13 objects and the length, width, and weight laws are not
14 exceeded. For the purpose of an over width movement, more
15 than one object may be carried as long as the cause for the
16 over width is not due to multiple objects and length, height,
17 and weight laws are not exceeded. No state or local agency
18 shall authorize the issuance of excess size or weight permits
19 for vehicles and loads that are divisible and that can be
20 carried, when divided, within the existing size or weight
21 maximums specified in this Chapter. Any excess size or
22 weight permit issued in violation of the provisions of this
23 Section shall be void at issue and any movement made
24 thereunder shall not be authorized under the terms of the
25 void permit. In any prosecution for a violation of this
26 Chapter when the authorization of an excess size or weight
27 permit is at issue, it is the burden of the defendant to
28 establish that the permit was valid because the load to be
29 moved could not reasonably be dismantled or disassembled, or
30 was otherwise indivisible.
31 (b) The application for any such permit shall: (1) state
32 whether such permit is requested for a single trip or for
33 limited continuous operation; (2) state if the applicant is
34 an authorized carrier under the Illinois Motor Carrier of
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1 Property Law, if so, his certificate, registration or permit
2 number issued by the Illinois Commerce Commission; (3)
3 specifically describe and identify the vehicle or vehicles
4 and load to be operated or moved except that for vehicles or
5 vehicle combinations registered by the Department as provided
6 in Section 15-319 of this Chapter, only the Illinois
7 Department of Transportation's (IDT) registration number or
8 classification need be given; (4) state the routing requested
9 including the points of origin and destination, and may
10 identify and include a request for routing to the nearest
11 certified scale in accordance with the Department's rules and
12 regulations, provided the applicant has approval to travel on
13 local roads; and (5) state if the vehicles or loads are being
14 transported for hire. No permits for the movement of a
15 vehicle or load for hire shall be issued to any applicant who
16 is required under the Illinois Motor Carrier of Property Law
17 to have a certificate, registration or permit and does not
18 have such certificate, registration or permit.
19 (c) The Department or local authority when not
20 inconsistent with traffic safety is authorized to issue or
21 withhold such permit at its discretion; or, if such permit is
22 issued at its discretion to prescribe the route or routes to
23 be traveled, to limit the number of trips, to establish
24 seasonal or other time limitations within which the vehicles
25 described may be operated on the highways indicated, or
26 otherwise to limit or prescribe conditions of operations of
27 such vehicle or vehicles, when necessary to assure against
28 undue damage to the road foundations, surfaces or structures,
29 and may require such undertaking or other security as may be
30 deemed necessary to compensate for any injury to any roadway
31 or road structure. The Department shall maintain a daily
32 record of each permit issued along with the fee and the
33 stipulated dimensions, weights, conditions and restrictions
34 authorized and this record shall be presumed correct in any
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1 case of questions or dispute. The Department shall install an
2 automatic device for recording applications received and
3 permits issued by telephone. In making application by
4 telephone, the Department and applicant waive all objections
5 to the recording of the conversation.
6 (d) The Department shall, upon application in writing
7 from any local authority, issue a semi-annual permit
8 authorizing the local authority to move oversize highway
9 construction, transportation, utility and maintenance
10 equipment over roads under the jurisdiction of the
11 Department. The permit shall be applicable only to equipment
12 and vehicles owned by or registered in the name of the local
13 authority, and no fee shall be charged for the issuance of
14 such permits.
15 (e) As an exception to paragraph (a) of this Section,
16 the Department and local authorities, with respect to
17 highways under their respective jurisdictions, in their
18 discretion and upon application in writing may issue a
19 special permit for limited continuous operation, authorizing
20 the applicant to move loads of sweet corn, soybeans, corn,
21 wheat, milo, other small grains and ensilage during the
22 harvest season only on a 2 axle single vehicle registered by
23 the Secretary of State with axle loads not to exceed 35%
24 above those provided in Section 15-111. Permits may be
25 issued for a period not to exceed 40 days and moves may be
26 made of a distance not to exceed 25 miles from a field to a
27 specified processing plant over any highway except the
28 National System of Interstate and Defense Highways. All such
29 vehicles shall be operated in the daytime except when weather
30 or crop conditions require emergency operation at night, but
31 with respect to such night operation, every such vehicle with
32 load shall be equipped with flashing amber lights as
33 specified under Section 12-215. Upon a declaration by the
34 Governor that an emergency harvest situation exists, a
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1 special permit issued by the Department under this Section
2 shall not be required from September 1 through December 31
3 during harvest season emergencies, provided that the weight
4 does not exceed 20% above the limits provided in Section
5 15-111. All other restrictions that apply to permits issued
6 under this Section shall apply during the declared time
7 period. With respect to highways under the jurisdiction of
8 local authorities, the local authorities may, at their
9 discretion, waive special permit requirements during harvest
10 season emergencies. This permit exemption shall apply to all
11 vehicles eligible to obtain permits under this Section,
12 including commercial vehicles in use during the declared time
13 period.
14 (f) The form and content of the permit shall be
15 determined by the Department with respect to highways under
16 its jurisdiction and by local authorities with respect to
17 highways under their jurisdiction. Every permit shall be in
18 written form and carried in the vehicle or combination of
19 vehicles to which it refers and shall be open to inspection
20 by any police officer or authorized agent of any authority
21 granting the permit and no person shall violate any of the
22 terms or conditions of such special permit. Violation of the
23 terms and conditions of the permit shall not be deemed a
24 revocation of the permit; however, any vehicle and load found
25 to be off the route prescribed in the permit shall be held to
26 be operating without a permit. Any off route vehicle and
27 load shall be required to obtain a new permit or permits, as
28 necessary, to authorize the movement back onto the original
29 permit routing. No rule or regulation, nor anything herein
30 shall be construed to authorize any police officer, court, or
31 authorized agent of any authority granting the permit to
32 remove the permit from the possession of the permittee unless
33 the permittee is charged with a fraudulent permit violation
34 as provided in paragraph (i). However, upon arrest for an
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1 offense of violation of permit, operating without a permit
2 when the vehicle is off route, or any size or weight offense
3 under this Chapter when the permittee plans to raise the
4 issuance of the permit as a defense, the permittee, or his
5 agent, must produce the permit at any court hearing
6 concerning the alleged offense.
7 Any permit issued by the Department for roadways under
8 which the Department has sole jurisdiction or shared
9 jurisdiction with any local agency shall exempt the permittee
10 from obtaining a permit from the local agency. The permit
11 issued by the Department shall be the only permit document
12 needed. This does not remove the requirement that the
13 permittee obtain permits from local agencies with
14 jurisdiction of highways or portions of highways solely under
15 their jurisdiction.
16 If the permit designates and includes a routing to a
17 certified scale, the permitee, while enroute to the
18 designated scale, shall be deemed in compliance with the
19 weight provisions of the permit provided the axle or gross
20 weights do not exceed any of the permitted limits by more
21 than the following amounts:
22 Single axle 2000 pounds
23 Tandem axle 3000 pounds
24 Gross 5000 pounds
25 (g) The Department is authorized to adopt, amend, and to
26 make available to interested persons a policy concerning
27 reasonable rules, limitations and conditions or provisions of
28 operation upon highways under its jurisdiction in addition to
29 those contained in this Section for the movement by special
30 permit of vehicles, combinations, or loads which cannot
31 reasonably be dismantled or disassembled, including
32 manufactured and modular home sections and portions thereof.
33 All rules, limitations and conditions or provisions adopted
34 in the policy shall have due regard for the safety of the
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1 traveling public and the protection of the highway system and
2 shall have been promulgated in conformity with the provisions
3 of the Illinois Administrative Procedure Act. The
4 requirements of the policy for flagmen and escort vehicles
5 shall be the same for all moves of comparable size and
6 weight. When escort vehicles are required, they shall meet
7 the following requirements:
8 (1) All operators shall be 18 years of age or over
9 and properly licensed to operate the vehicle.
10 (2) Vehicles escorting oversized loads more than
11 12-feet wide must be equipped with a rotating or flashing
12 amber light mounted on top as specified under Section
13 12-215.
14 The Department shall establish reasonable rules and
15 regulations regarding liability insurance or self insurance
16 for vehicles with oversized loads promulgated under The
17 Illinois Administrative Procedure Act. Police vehicles may be
18 required for escort under circumstances as required by rules
19 and regulations of the Department.
20 (h) Violation of any rule, limitation or condition or
21 provision of any permit issued in accordance with the
22 provisions of this Section shall not render the entire permit
23 null and void but the violator shall be deemed guilty of
24 violation of permit and guilty of exceeding any size, weight
25 or load limitations in excess of those authorized by the
26 permit. The prescribed route or routes on the permit are not
27 mere rules, limitations, conditions, or provisions of the
28 permit, but are also the sole extent of the authorization
29 granted by the permit. If a vehicle and load are found to be
30 off the route or routes prescribed by any permit authorizing
31 movement, the vehicle and load are operating without a
32 permit. Any off route movement shall be subject to the size
33 and weight maximums, under the applicable provisions of this
34 Chapter, as determined by the type or class highway upon
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1 which the vehicle and load are being operated.
2 (i) Whenever any vehicle is operated or movement made
3 under a fraudulent permit the permit shall be void, and the
4 person, firm, or corporation to whom such permit was granted,
5 the driver of such vehicle in addition to the person who
6 issued such permit and any accessory, shall be guilty of
7 fraud and either one or all persons may be prosecuted for
8 such violation. Any person, firm, or corporation committing
9 such violation shall be guilty of a Class 4 felony and the
10 Department shall not issue permits to the person, firm or
11 corporation convicted of such violation for a period of one
12 year after the date of conviction. Penalties for violations
13 of this Section shall be in addition to any penalties imposed
14 for violation of other Sections of this Act.
15 (j) Whenever any vehicle is operated or movement made in
16 violation of a permit issued in accordance with this Section,
17 the person to whom such permit was granted, or the driver of
18 such vehicle, is guilty of such violation and either, but not
19 both, persons may be prosecuted for such violation as stated
20 in this subsection (j). Any person, firm or corporation
21 convicted of such violation shall be guilty of a petty
22 offense and shall be fined for the first offense, not less
23 than $50 nor more than $200 and, for the second offense by
24 the same person, firm or corporation within a period of one
25 year, not less than $200 nor more than $300 and, for the
26 third offense by the same person, firm or corporation within
27 a period of one year after the date of the first offense, not
28 less than $300 nor more than $500 and the Department shall
29 not issue permits to the person, firm or corporation
30 convicted of a third offense during a period of one year
31 after the date of conviction for such third offense.
32 (k) Whenever any vehicle is operated on local roads
33 under permits for excess width or length issued by local
34 authorities, such vehicle may be moved upon a State highway
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1 for a distance not to exceed one-half mile without a permit
2 for the purpose of crossing the State highway.
3 (l) Notwithstanding any other provision of this Section,
4 the Department, with respect to highways under its
5 jurisdiction, and local authorities, with respect to highways
6 under their jurisdiction, may at their discretion authorize
7 the movement of a vehicle in violation of any size or weight
8 requirement, or both, that would not ordinarily be eligible
9 for a permit, when there is a showing of extreme necessity
10 that the vehicle and load should be moved without unnecessary
11 delay.
12 For the purpose of this subsection, showing of extreme
13 necessity shall be limited to the following: shipments of
14 livestock, hazardous materials, liquid concrete being hauled
15 in a mobile cement mixer, or hot asphalt.
16 (m) Penalties for violations of this Section shall be in
17 addition to any penalties imposed for violating any other
18 Section of this Code.
19 (Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.)".