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92_SB2132ham001
LRB9216035DHgcam04
1 AMENDMENT TO SENATE BILL 2132
2 AMENDMENT NO. . Amend Senate Bill 2132 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 having a gross vehicle
16 weight rating of 8,000 pounds or more 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 area. In
19 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.
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1 (b-1) No person shall operate or cause to be operated on
2 any interstate highway in this State a road tractor or truck
3 tractor pulling a transfer trailer loaded with garbage,
4 refuse, or other similar material unless the transfer trailer
5 is secured while transporting the materials with a tarpaulin
6 or other cover sufficient to prevent any portion of the
7 materials from falling, blowing, dropping, or otherwise
8 escaping from the transfer trailer. The transfer trailer
9 must be equipped with a solid metal plate that is at least 36
10 inches wide, is at least 3/8 of an inch thick, is located
11 inside the rear tailgate at the top of the trailer extending
12 from one side to the other, and is permanently closed by
13 being welded to the side walls of the transfer trailer. When
14 the operator of the road tractor or truck tractor uses a mesh
15 tarpaulin that is strapped by hand over the material in the
16 transfer trailer, the tarpaulin must be (i) secured to the
17 front end of the transfer trailer, (ii) secured by at least
18 10 straps on each side of the transfer trailer, and (iii)
19 secured by at least 3 straps along the rear of the transfer
20 trailer. The person operating the road tractor or truck
21 tractor pulling the transfer trailer is responsible for
22 meeting the requirements of this subsection (b-1) and is
23 subject to the penalties in subsection (f) for any violation
24 of this subsection (b-1).
25 As used in this subsection (b-1), "transfer trailer"
26 means a semitrailer that is at least 36 feet in length and
27 has an open top.
28 (c) This Section shall not apply to the operation of
29 highway maintenance vehicles engaged in removing snow and ice
30 from the roadway, nor to implements of husbandry or other
31 farm vehicles while transporting agricultural products to or
32 from the original place of production.
33 (d) For the purpose of this Section "aggregate" shall
34 include all ores, minerals, sand, gravel, shale, coal, clay,
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1 limestone or any other ore or mineral which may be mined.
2 (e) Notwithstanding any other penalty, whenever a police
3 officer determines that the operator of a vehicle is in
4 violation of this Section, as evidenced by the issuance of a
5 citation for a violation of Section 15-109.1 of this Code, or
6 where a police officer determines that a dangerous condition
7 exists whereby any portion of the load may fall, sift, blow,
8 drop, or in any way escape or fall from the vehicle, the
9 police officer shall require the operator to stop the vehicle
10 in a suitable place and keep such vehicle stationary until
11 the load has either been reduced, secured, or covered with a
12 cover or tarpaulin of sufficient size to prevent any further
13 violation of this Section.
14 (f) Any violation of the provisions of this Section
15 shall be a petty offense punishable by a fine not to exceed
16 $250.
17 (Source: P.A. 91-858, eff. 1-1-01.)".