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| Public Act 096-1337 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 15-316 as follows:
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(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
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Sec. 15-316. When the Department or local authority may | ||||
restrict right to use highways.
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(a) Except as provided in subsection (g), local Local | ||||
authorities with
respect to highways under their jurisdiction | ||||
may by ordinance or resolution
prohibit the operation of | ||||
vehicles upon any such highway or impose
restrictions as to the | ||||
weight of vehicles to be operated upon any such
highway, for a | ||||
total period of not to exceed 90 days in any one calendar
year, | ||||
whenever any said highway by reason of deterioration, rain, | ||||
snow, or
other climate conditions will be seriously damaged or | ||||
destroyed unless the
use of vehicles thereon is prohibited or | ||||
the permissible weights thereof
reduced.
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(b) The local authority
enacting any such ordinance or | ||||
resolution shall erect or cause to be erected
and maintained | ||||
signs designating the provision of the ordinance or resolution
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at each end of that portion of any highway affected thereby, | ||||
and the ordinance
or resolution shall not be effective unless | ||||
and until such signs are erected
and maintained.
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(c) Local authorities with
respect to highways under their | ||
jurisdiction may also, by ordinance or
resolution, prohibit the | ||
operation of trucks or other commercial vehicles,
or may impose | ||
limitations as the weight thereof, on designated highways, | ||
which
prohibitions and limitations shall be designated by | ||
appropriate signs placed on
such highways.
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(c-1) (Blank).
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(d) The Department shall likewise have authority as | ||
hereinbefore
granted to local authorities to
determine by | ||
resolution and to impose restrictions as to the weight of | ||
vehicles
operated upon any highway under the jurisdiction of | ||
said department, and such
restrictions shall be effective when | ||
signs giving notice thereof are erected
upon the highway or | ||
portion of any highway affected by such resolution.
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(d-1) (Blank).
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(d-2) (Blank).
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(e) When any vehicle is operated in violation of this | ||
Section, the owner
or driver of the vehicle shall be deemed | ||
guilty of a violation and either the
owner or the driver of the | ||
vehicle may be prosecuted for the violation. Any
person, firm, | ||
or corporation convicted of violating this Section shall be | ||
fined
$50 for any weight exceeding the posted limit up to the | ||
axle or gross weight
limit allowed a vehicle as provided for in | ||
subsections (a) or (b) of Section
15-111 and $75 per every 500 | ||
pounds or fraction thereof for any weight
exceeding that which | ||
is provided for in subsections (a) or
(b) of Section 15-111.
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(f) A municipality is authorized to enforce a county weight | ||
limit
ordinance applying to county highways within its | ||
corporate limits and is
entitled to the proceeds of any fines | ||
collected from the enforcement.
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(g) An ordinance or resolution enacted by a county or | ||
township pursuant to subsection (a) of this Section shall not | ||
apply to cargo tank vehicles with two or three permanent axles | ||
when delivering propane for emergency heating purposes if the | ||
cargo tank is loaded at no more than 50 percent capacity, the | ||
gross vehicle weight of the vehicle does not exceed 32,000 | ||
pounds, and the driver of the cargo tank vehicle notifies the | ||
appropriate agency or agencies with jurisdiction over the | ||
highway before driving the vehicle on the highway pursuant to | ||
this subsection. The cargo tank vehicle must have an operating | ||
gauge on the cargo tank which indicates the amount of propane | ||
as a percent of capacity of the cargo tank. The cargo tank must | ||
have the capacity displayed on the cargo tank, or documentation | ||
of the capacity of the cargo tank must be available in the | ||
vehicle. For the purposes of this subsection, propane weighs | ||
4.2 pounds per gallon. This subsection does not apply to | ||
municipalities. Nothing in this subsection shall allow cargo | ||
tank
vehicles
to cross bridges with posted weight restrictions | ||
if the vehicle exceeds the posted weight limit. | ||
(Source: P.A. 92-417, eff. 1-1-02; 93-177, eff. 7-11-03.)
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