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91_SB1155sam001
SRS91SB1155AKcbam01
1 AMENDMENT TO SENATE BILL 1155
2 AMENDMENT NO. . Amend Senate Bill 1155 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 15-109.1 as follows:
6 (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
7 Sec. 15-109.1. Covers or tarpaulins required for certain
8 loads.
9 (a) No person shall operate or cause to be operated, on
10 a highway, any second division vehicle loaded with dirt,
11 aggregate, garbage, refuse, or other similar material, when
12 any portion of the load is falling, sifting, blowing,
13 dropping or in any way escaping from the vehicle.
14 (b) No person shall operate or cause to be operated, on
15 a highway, any second division vehicle loaded with dirt,
16 aggregate, garbage, refuse, or other similar material in or
17 on any part of the vehicle other than in the cargo container.
18 In addition, no person shall operate on any highway, such
19 vehicle unless the tailgate on the vehicle is in good repair
20 and operating condition and closes securely so as to prevent
21 any load, residue, or other material from escaping.
22 (c) This Section shall not apply to the operation of
-2- SRS91SB1155AKcbam01
1 highway maintenance vehicles engaged in removing snow and ice
2 from the roadway, nor to implements of husbandry or other
3 farm vehicles while transporting agricultural products to or
4 from the original place of production.
5 (d) For the purpose of this Section "aggregate" shall
6 include all ores, minerals, sand, gravel, shale, coal, clay,
7 limestone or any other ore or mineral which may be mined.
8 (e) Notwithstanding any other penalty, whenever a police
9 officer determines that the operator of a vehicle is in
10 violation of this Section, as evidenced by the issuance of a
11 citation for a violation of Section 15-109.1 of this Code, or
12 where a police officer determines that a dangerous condition
13 exists whereby any portion of the load may fall, sift, blow,
14 drop, or in any way escape or fall from the vehicle, the
15 police officer shall require the operator to stop the vehicle
16 in a suitable place and keep such vehicle stationary until
17 the load has either been reduced, secured, or covered with a
18 cover or tarpaulin of sufficient size to prevent any further
19 violation of this Section.
20 (f) Any violation of the provisions of this Section
21 shall be a petty offense punishable by a fine not to exceed
22 $250.
23 (Source: P.A. 84-226.)".