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92_SB2132sam002
LRB9216035DHgcam02
1 AMENDMENT TO SENATE BILL 2132
2 AMENDMENT NO. . Amend Senate Bill 2132, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
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 having a gross vehicle
17 weight rating of 8,000 pounds or more loaded with dirt,
18 aggregate, garbage, refuse, or other similar material in or
19 on any part of the vehicle other than in the cargo area. In
20 addition, no person shall operate on any highway, such
21 vehicle unless the tailgate on the vehicle is in good repair
22 and operating condition and closes securely so as to prevent
-2- LRB9216035DHgcam02
1 any load, residue, or other material from escaping.
2 (c) This Section does shall not apply to the operation
3 of highway maintenance vehicles engaged in removing snow and
4 ice from the roadway, nor to implements of husbandry or other
5 farm vehicles while transporting agricultural products to or
6 from the original place of production.
7 (d) For the purpose of this Section "aggregate" shall
8 include all ores, minerals, sand, gravel, shale, coal, clay,
9 limestone or any other ore or mineral which may be mined.
10 (e) Notwithstanding any other penalty, whenever a police
11 officer determines that the operator of a vehicle is in
12 violation of this Section, as evidenced by the issuance of a
13 citation for a violation of Section 15-109.1 of this Code, or
14 where a police officer determines that a dangerous condition
15 exists whereby any portion of the load may fall, sift, blow,
16 drop, or in any way escape or fall from the vehicle, the
17 police officer shall require the operator to stop the vehicle
18 in a suitable place and keep such vehicle stationary until
19 the load has either been reduced, secured, or covered with a
20 cover or tarpaulin of sufficient size to prevent any further
21 violation of this Section.
22 (f) Any violation of the provisions of this Section
23 shall be a petty offense punishable by a fine not to exceed
24 $250.
25 (Source: P.A. 91-858, eff. 1-1-01.)".