Illinois General Assembly - Full Text of HB5126
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Full Text of HB5126  98th General Assembly

HB5126 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5126

 

Introduced , by Rep. Jim Durkin - C.D. Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning permits for excess size and weight.


LRB098 18162 MLW 53291 b

 

 

A BILL FOR

 

HB5126LRB098 18162 MLW 53291 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 15-301 as follows:
 
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits for for excess size and weight.
8    (a) The Department with respect to highways under its
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Act or
15otherwise not in conformity with this Act upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or printed
19form may only be accepted from and issued to the company or
20individual making the movement. Except for an application to
21move directly across a highway, it shall be the duty of the
22applicant to establish in the application that the load to be
23moved by such vehicle or combination cannot reasonably be

 

 

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1dismantled or disassembled, the reasonableness of which shall
2be determined by the Secretary of the Department. For the
3purpose of over length movements, more than one object may be
4carried side by side as long as the height, width, and weight
5laws are not exceeded and the cause for the over length is not
6due to multiple objects. For the purpose of over height
7movements, more than one object may be carried as long as the
8cause for the over height is not due to multiple objects and
9the length, width, and weight laws are not exceeded. For the
10purpose of an over width movement, more than one object may be
11carried as long as the cause for the over width is not due to
12multiple objects and length, height, and weight laws are not
13exceeded. No state or local agency shall authorize the issuance
14of excess size or weight permits for vehicles and loads that
15are divisible and that can be carried, when divided, within the
16existing size or weight maximums specified in this Chapter. Any
17excess size or weight permit issued in violation of the
18provisions of this Section shall be void at issue and any
19movement made thereunder shall not be authorized under the
20terms of the void permit. In any prosecution for a violation of
21this Chapter when the authorization of an excess size or weight
22permit is at issue, it is the burden of the defendant to
23establish that the permit was valid because the load to be
24moved could not reasonably be dismantled or disassembled, or
25was otherwise nondivisible.
26    (b) The application for any such permit shall: (1) state

 

 

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1whether such permit is requested for a single trip or for
2limited continuous operation; (2) state if the applicant is an
3authorized carrier under the Illinois Motor Carrier of Property
4Law, if so, his certificate, registration or permit number
5issued by the Illinois Commerce Commission; (3) specifically
6describe and identify the vehicle or vehicles and load to be
7operated or moved except that for vehicles or vehicle
8combinations registered by the Department as provided in
9Section 15-319 of this Chapter, only the Illinois Department of
10Transportation's (IDT) registration number or classification
11need be given; (4) state the routing requested including the
12points of origin and destination, and may identify and include
13a request for routing to the nearest certified scale in
14accordance with the Department's rules and regulations,
15provided the applicant has approval to travel on local roads;
16and (5) state if the vehicles or loads are being transported
17for hire. No permits for the movement of a vehicle or load for
18hire shall be issued to any applicant who is required under the
19Illinois Motor Carrier of Property Law to have a certificate,
20registration or permit and does not have such certificate,
21registration or permit.
22    (c) The Department or local authority when not inconsistent
23with traffic safety is authorized to issue or withhold such
24permit at its discretion; or, if such permit is issued at its
25discretion to prescribe the route or routes to be traveled, to
26limit the number of trips, to establish seasonal or other time

 

 

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1limitations within which the vehicles described may be operated
2on the highways indicated, or otherwise to limit or prescribe
3conditions of operations of such vehicle or vehicles, when
4necessary to assure against undue damage to the road
5foundations, surfaces or structures, and may require such
6undertaking or other security as may be deemed necessary to
7compensate for any injury to any roadway or road structure. The
8Department shall maintain a daily record of each permit issued
9along with the fee and the stipulated dimensions, weights,
10conditions and restrictions authorized and this record shall be
11presumed correct in any case of questions or dispute. The
12Department shall install an automatic device for recording
13applications received and permits issued by telephone. In
14making application by telephone, the Department and applicant
15waive all objections to the recording of the conversation.
16    (d) The Department shall, upon application in writing from
17any local authority, issue an annual permit authorizing the
18local authority to move oversize highway construction,
19transportation, utility and maintenance equipment over roads
20under the jurisdiction of the Department. The permit shall be
21applicable only to equipment and vehicles owned by or
22registered in the name of the local authority, and no fee shall
23be charged for the issuance of such permits.
24    (e) As an exception to paragraph (a) of this Section, the
25Department and local authorities, with respect to highways
26under their respective jurisdictions, in their discretion and

 

 

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1upon application in writing may issue a special permit for
2limited continuous operation, authorizing the applicant to
3move loads of agricultural commodities on a 2 axle single
4vehicle registered by the Secretary of State with axle loads
5not to exceed 35%, on a 3 or 4 axle vehicle registered by the
6Secretary of State with axle loads not to exceed 20%, and on a
75 axle vehicle registered by the Secretary of State not to
8exceed 10% above those provided in Section 15-111. The total
9gross weight of the vehicle, however, may not exceed the
10maximum gross weight of the registration class of the vehicle
11allowed under Section 3-815 or 3-818 of this Code.
12    As used in this Section, "agricultural commodities" means:
13        (1) cultivated plants or agricultural produce grown
14    including, but is not limited to, corn, soybeans, wheat,
15    oats, grain sorghum, canola, and rice;
16        (2) livestock, including but not limited to hogs,
17    equine, sheep, and poultry;
18        (3) ensilage; and
19        (4) fruits and vegetables.
20    Permits may be issued for a period not to exceed 40 days
21and moves may be made of a distance not to exceed 50 miles from
22a field, an on-farm grain storage facility, a warehouse as
23defined in the Illinois Grain Code, or a livestock management
24facility as defined in the Livestock Management Facilities Act
25over any highway except the National System of Interstate and
26Defense Highways. The operator of the vehicle, however, must

 

 

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1abide by posted bridge and posted highway weight limits. All
2implements of husbandry operating under this Section between
3sunset and sunrise shall be equipped as prescribed in Section
412-205.1.
5    (e-1) Upon a declaration by the Governor that an emergency
6harvest situation exists, a special permit issued by the
7Department under this Section shall not be required from
8September 1 through December 31 during harvest season
9emergencies, provided that the weight does not exceed 20% above
10the limits provided in Section 15-111. All other restrictions
11that apply to permits issued under this Section shall apply
12during the declared time period. With respect to highways under
13the jurisdiction of local authorities, the local authorities
14may, at their discretion, waive special permit requirements
15during harvest season emergencies. This permit exemption shall
16apply to all vehicles eligible to obtain permits under this
17Section, including commercial vehicles in use during the
18declared time period.
19    (f) The form and content of the permit shall be determined
20by the Department with respect to highways under its
21jurisdiction and by local authorities with respect to highways
22under their jurisdiction. Every permit shall be in written form
23and carried in the vehicle or combination of vehicles to which
24it refers and shall be open to inspection by any police officer
25or authorized agent of any authority granting the permit and no
26person shall violate any of the terms or conditions of such

 

 

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1special permit. Violation of the terms and conditions of the
2permit shall not be deemed a revocation of the permit; however,
3any vehicle and load found to be off the route prescribed in
4the permit shall be held to be operating without a permit. Any
5off route vehicle and load shall be required to obtain a new
6permit or permits, as necessary, to authorize the movement back
7onto the original permit routing. No rule or regulation, nor
8anything herein shall be construed to authorize any police
9officer, court, or authorized agent of any authority granting
10the permit to remove the permit from the possession of the
11permittee unless the permittee is charged with a fraudulent
12permit violation as provided in paragraph (i). However, upon
13arrest for an offense of violation of permit, operating without
14a permit when the vehicle is off route, or any size or weight
15offense under this Chapter when the permittee plans to raise
16the issuance of the permit as a defense, the permittee, or his
17agent, must produce the permit at any court hearing concerning
18the alleged offense.
19    If the permit designates and includes a routing to a
20certified scale, the permittee, while enroute to the designated
21scale, shall be deemed in compliance with the weight provisions
22of the permit provided the axle or gross weights do not exceed
23any of the permitted limits by more than the following amounts:
24        Single axle               2000 pounds
25        Tandem axle               3000 pounds
26        Gross                     5000 pounds

 

 

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1    (g) The Department is authorized to adopt, amend, and to
2make available to interested persons a policy concerning
3reasonable rules, limitations and conditions or provisions of
4operation upon highways under its jurisdiction in addition to
5those contained in this Section for the movement by special
6permit of vehicles, combinations, or loads which cannot
7reasonably be dismantled or disassembled, including
8manufactured and modular home sections and portions thereof.
9All rules, limitations and conditions or provisions adopted in
10the policy shall have due regard for the safety of the
11traveling public and the protection of the highway system and
12shall have been promulgated in conformity with the provisions
13of the Illinois Administrative Procedure Act. The requirements
14of the policy for flagmen and escort vehicles shall be the same
15for all moves of comparable size and weight. When escort
16vehicles are required, they shall meet the following
17requirements:
18        (1) All operators shall be 18 years of age or over and
19    properly licensed to operate the vehicle.
20        (2) Vehicles escorting oversized loads more than
21    12-feet wide must be equipped with a rotating or flashing
22    amber light mounted on top as specified under Section
23    12-215.
24    The Department shall establish reasonable rules and
25regulations regarding liability insurance or self insurance
26for vehicles with oversized loads promulgated under The

 

 

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1Illinois Administrative Procedure Act. Police vehicles may be
2required for escort under circumstances as required by rules
3and regulations of the Department.
4    (h) Violation of any rule, limitation or condition or
5provision of any permit issued in accordance with the
6provisions of this Section shall not render the entire permit
7null and void but the violator shall be deemed guilty of
8violation of permit and guilty of exceeding any size, weight or
9load limitations in excess of those authorized by the permit.
10The prescribed route or routes on the permit are not mere
11rules, limitations, conditions, or provisions of the permit,
12but are also the sole extent of the authorization granted by
13the permit. If a vehicle and load are found to be off the route
14or routes prescribed by any permit authorizing movement, the
15vehicle and load are operating without a permit. Any off route
16movement shall be subject to the size and weight maximums,
17under the applicable provisions of this Chapter, as determined
18by the type or class highway upon which the vehicle and load
19are being operated.
20    (i) Whenever any vehicle is operated or movement made under
21a fraudulent permit the permit shall be void, and the person,
22firm, or corporation to whom such permit was granted, the
23driver of such vehicle in addition to the person who issued
24such permit and any accessory, shall be guilty of fraud and
25either one or all persons may be prosecuted for such violation.
26Any person, firm, or corporation committing such violation

 

 

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1shall be guilty of a Class 4 felony and the Department shall
2not issue permits to the person, firm or corporation convicted
3of such violation for a period of one year after the date of
4conviction. Penalties for violations of this Section shall be
5in addition to any penalties imposed for violation of other
6Sections of this Act.
7    (j) Whenever any vehicle is operated or movement made in
8violation of a permit issued in accordance with this Section,
9the person to whom such permit was granted, or the driver of
10such vehicle, is guilty of such violation and either, but not
11both, persons may be prosecuted for such violation as stated in
12this subsection (j). Any person, firm or corporation convicted
13of such violation shall be guilty of a petty offense and shall
14be fined for the first offense, not less than $50 nor more than
15$200 and, for the second offense by the same person, firm or
16corporation within a period of one year, not less than $200 nor
17more than $300 and, for the third offense by the same person,
18firm or corporation within a period of one year after the date
19of the first offense, not less than $300 nor more than $500 and
20the Department shall not issue permits to the person, firm or
21corporation convicted of a third offense during a period of one
22year after the date of conviction for such third offense.
23    (k) Whenever any vehicle is operated on local roads under
24permits for excess width or length issued by local authorities,
25such vehicle may be moved upon a State highway for a distance
26not to exceed one-half mile without a permit for the purpose of

 

 

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1crossing the State highway.
2    (l) Notwithstanding any other provision of this Section,
3the Department, with respect to highways under its
4jurisdiction, and local authorities, with respect to highways
5under their jurisdiction, may at their discretion authorize the
6movement of a vehicle in violation of any size or weight
7requirement, or both, that would not ordinarily be eligible for
8a permit, when there is a showing of extreme necessity that the
9vehicle and load should be moved without unnecessary delay.
10    For the purpose of this subsection, showing of extreme
11necessity shall be limited to the following: shipments of
12livestock, hazardous materials, liquid concrete being hauled
13in a mobile cement mixer, or hot asphalt.
14    (m) Penalties for violations of this Section shall be in
15addition to any penalties imposed for violating any other
16Section of this Code.
17    (n) The Department with respect to highways under its
18jurisdiction and local authorities with respect to highways
19under their jurisdiction, in their discretion and upon
20application in writing, may issue a special permit for
21continuous limited operation, authorizing the applicant to
22operate a tow-truck that exceeds the weight limits provided for
23in subsection (a) of Section 15-111, provided:
24        (1) no rear single axle of the tow-truck exceeds 26,000
25    pounds;
26        (2) no rear tandem axle of the tow-truck exceeds 50,000

 

 

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1    pounds;
2        (2.1) no triple rear axle on a manufactured recovery
3    unit exceeds 60,000 pounds;
4        (3) neither the disabled vehicle nor the disabled
5    combination of vehicles exceed the weight restrictions
6    imposed by this Chapter 15, or the weight limits imposed
7    under a permit issued by the Department prior to hookup;
8        (4) the tow-truck prior to hookup does not exceed the
9    weight restrictions imposed by this Chapter 15;
10        (5) during the tow operation the tow-truck does not
11    violate any weight restriction sign;
12        (6) the tow-truck is equipped with flashing, rotating,
13    or oscillating amber lights, visible for at least 500 feet
14    in all directions;
15        (7) the tow-truck is specifically designed and
16    licensed as a tow-truck;
17        (8) the tow-truck has a gross vehicle weight rating of
18    sufficient capacity to safely handle the load;
19        (9) the tow-truck is equipped with air brakes;
20        (10) the tow-truck is capable of utilizing the lighting
21    and braking systems of the disabled vehicle or combination
22    of vehicles;
23        (11) the tow commences at the initial point of wreck or
24    disablement and terminates at a point where the repairs are
25    actually to occur;
26        (12) the permit issued to the tow-truck is carried in

 

 

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1    the tow-truck and exhibited on demand by a police officer;
2    and
3        (13) the movement shall be valid only on state routes
4    approved by the Department.
5    (o) The Department, with respect to highways under its
6jurisdiction, and local authorities, with respect to highways
7under their jurisdiction, in their discretion and upon
8application in writing, may issue a special permit for
9continuous limited operation, authorizing the applicant to
10transport raw milk that exceeds the weight limits provided for
11in subsection (a) of Section 15-111 of this Code, provided:
12        (1) no single axle exceeds 20,000 pounds;
13        (2) no gross weight exceeds 80,000 pounds;
14        (3) permits issued by the State are good only for
15    federal and State highways and are not applicable to
16    interstate highways; and
17        (4) all road and bridge postings must be obeyed.
18    (p) In determining whether a load may be reasonably
19dismantled or disassembled for the purpose of paragraph (a),
20the Department shall consider whether there is a significant
21negative impact on the condition of the pavement and structures
22along the proposed route, whether the load or vehicle as
23proposed causes a safety hazard to the traveling public,
24whether dismantling or disassembling the load promotes or
25stifles economic development and whether the proposed route
26travels less than 5 miles. A load is not required to be

 

 

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1dismantled or disassembled for the purposes of paragraph (a) if
2the Secretary of the Department determines there will be no
3significant negative impact to pavement or structures along the
4proposed route, the proposed load or vehicle causes no safety
5hazard to the traveling public, dismantling or disassembling
6the load does not promote economic development and the proposed
7route travels less than 5 miles. The Department may promulgate
8rules for the purpose of establishing the divisibility of a
9load pursuant to paragraph (a). Any load determined by the
10Secretary to be nondivisible shall otherwise comply with the
11existing size or weight maximums specified in this Chapter.
12(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
1397-813, eff. 7-13-12.)