State of Illinois
90th General Assembly
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90_HB2546

      625 ILCS 5/15-109.1       from Ch. 95 1/2, par. 15-109.1
          Amends the  Vehicle  Code  provisions  requiring  certain
      loads  to  be  covered by a tarpaulin.  Increases the penalty
      from $250 to $500 and establishes a 2nd or subsequent offense
      penalty of $1,000.  Effective immediately.
                                                     LRB9008961OBpk
                                               LRB9008961OBpk
 1        AN ACT to amend the  Vehicle  Code  by  changing  Section
 2    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.  No person shall operate or cause to be operated, on a
10    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        This  Section shall not apply to the operation of highway
15    maintenance vehicles engaged in removing snow  and  ice  from
16    the  roadway,  nor  to implements of husbandry or other  farm
17    vehicles while transporting agricultural products to or  from
18    the original place  of production.
19        For   the  purpose  of  this  Section  "aggregate"  shall
20    include all ores, minerals, sand, gravel, shale, coal,  clay,
21    limestone or any other ore or mineral which may be mined.
22        Notwithstanding  any  other  penalty,  whenever  a police
23    officer determines that the  operator  of  a  vehicle  is  in
24    violation  of this Section, as evidenced by the issuance of a
25    citation for a violation of Section 15-109.1  of  this  Code,
26    the  police  officer  shall  require the operator to stop the
27    vehicle in a suitable place and keep such vehicle  stationary
28    until  the  load  has either been reduced, secured or covered
29    with a cover or tarpaulin of sufficient size to  prevent  any
30    further violation of this Section.
31        A  Any  violation  of  the  provisions of this Section is
                            -2-                LRB9008961OBpk
 1    shall be a petty offense punishable by a fine of $500  for  a
 2    first  violation  and  $1,000  for  a  second  or  subsequent
 3    violation not to exceed $250.
 4    (Source: P.A. 84-226.)
 5        Section  99.  Effective date.  This Act takes effect upon
 6    becoming law.

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