State of Illinois
91st General Assembly
Legislation

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Engrossed ][ Senate Amendment 001 ]

91_SB1155enr

 
SB1155 Enrolled                                LRB9106141KSgc

 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 5.  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 loaded with dirt,
17    aggregate, garbage, refuse, or other similar material  in  or
18    on any part of the vehicle other than in the cargo container.
19    In  addition,  no  person  shall operate on any highway, such
20    vehicle unless the tailgate on the vehicle is in good  repair
21    and  operating condition and closes securely so as to prevent
22    any load, residue, or other material from escaping.
23        (c)  This Section shall not apply  to  the  operation  of
24    highway maintenance vehicles engaged in removing snow and ice
25    from  the  roadway,  nor  to implements of husbandry or other
26    farm vehicles while transporting agricultural products to  or
27    from the original place  of production.
28        (d)  For  the  purpose  of this Section "aggregate" shall
29    include all ores, minerals, sand, gravel, shale, coal,  clay,
30    limestone or any other ore or mineral which may be mined.
31        (e)  Notwithstanding any other penalty, whenever a police
 
SB1155 Enrolled             -2-                LRB9106141KSgc
 1    officer  determines  that  the  operator  of  a vehicle is in
 2    violation of this Section, as evidenced by the issuance of  a
 3    citation for a violation of Section 15-109.1 of this Code, or
 4    where  a police officer determines that a dangerous condition
 5    exists whereby any portion of the load may fall, sift,  blow,
 6    drop,  or  in  any  way  escape or fall from the vehicle, the
 7    police officer shall require the operator to stop the vehicle
 8    in a suitable place and keep such  vehicle  stationary  until
 9    the  load has either been reduced, secured, or covered with a
10    cover or tarpaulin of sufficient size to prevent any  further
11    violation of this Section.
12        (f)  Any  violation  of  the  provisions  of this Section
13    shall be a petty offense punishable by a fine not  to  exceed
14    $250.
15    (Source: P.A. 84-226.)

[ Top ]