State of Illinois
91st General Assembly

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 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 15-109.1.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 1.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 15-109.1 as follows:

 7        (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
 8        Sec. 15-109.1.  Covers or tarpaulins required for certain
 9    loads.
10        (a)  No  person shall operate or cause to be operated, on
11    a highway, any second  division  vehicle  loaded  with  dirt,
12    aggregate,  garbage,  refuse, or other similar material, when
13    any  portion  of  the  load  is  falling,  sifting,  blowing,
14    dropping or in any way escaping from the vehicle.
15        (b)  No person shall operate, or cause to be operated, on
16    a highway, any second division vehicle with an open  load  of
17    dirt,  aggregate, garbage, refuse, or other similar material,
18    unless the load is secured or enclosed with  a  tarpaulin  or
19    other  covering  sufficient  to  prevent  a  portion  of  the
20    materials  from  falling,  blowing,  dropping,  or  otherwise
21    escaping from the vehicle.
22        (c)  This  Section  shall  not  apply to the operation of
23    highway maintenance vehicles engaged in removing snow and ice
24    from the roadway, nor to implements  of  husbandry  or  other
25    farm  vehicles while transporting agricultural products to or
26    from the original place  of production.
27        (d)  For the purpose of this  Section  "aggregate"  shall
28    include  all ores, minerals, sand, gravel, shale, coal, clay,
29    limestone or any other ore or mineral which may be mined.
30        (e)  Notwithstanding any other penalty, whenever a police
31    officer determines that the  operator  of  a  vehicle  is  in
                            -2-                SRS91S0001AKcb
 1    violation  of this Section, as evidenced by the issuance of a
 2    citation for a violation of Section 15-109.1  of  this  Code,
 3    the  police  officer  shall  require the operator to stop the
 4    vehicle in a suitable place and keep such vehicle  stationary
 5    until  the  load  has either been reduced, secured or covered
 6    with a cover or tarpaulin of sufficient size to  prevent  any
 7    further violation of this Section.
 8        (f)  Any  violation  of  the  provisions  of this Section
 9    shall be a petty offense punishable by a fine not  to  exceed
10    $250.
11    (Source: P.A. 84-226.)

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