093_HB0719sam002
LRB093 05822 DRH 17212 a
1 AMENDMENT TO HOUSE BILL 719
2 AMENDMENT NO. . Amend House Bill 719, AS AMENDED,
3 with reference to page and line numbers of Senate amendment
4 No. 1, on page 2, by replacing lines 31 and 32 with the
5 following:
6 "Section 5. The Illinois Vehicle Code is amended by
7 changing Sections 6-206, 6-301.2, 6-521, and 15-301 and by
8 adding Section 15-308.3 as follows:"; and
9 on page 16, below line 27, by inserting the following:
10 "(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
11 Sec. 15-301. Permits for excess size and weight.
12 (a) The Department with respect to highways under its
13 jurisdiction and local authorities with respect to highways
14 under their jurisdiction may, in their discretion, upon
15 application and good cause being shown therefor, issue a
16 special permit authorizing the applicant to operate or move a
17 vehicle or combination of vehicles of a size or weight of
18 vehicle or load exceeding the maximum specified in this Act
19 or otherwise not in conformity with this Act upon any highway
20 under the jurisdiction of the party granting such permit and
21 for the maintenance of which the party is responsible.
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1 Applications and permits other than those in written or
2 printed form may only be accepted from and issued to the
3 company or individual making the movement. Except for an
4 application to move directly across a highway, it shall be
5 the duty of the applicant to establish in the application
6 that the load to be moved by such vehicle or combination is
7 composed of a single nondivisible object that cannot
8 reasonably be dismantled or disassembled. For the purpose of
9 over length movements, more than one object may be carried
10 side by side as long as the height, width, and weight laws
11 are not exceeded and the cause for the over length is not due
12 to multiple objects. For the purpose of over height
13 movements, more than one object may be carried as long as the
14 cause for the over height is not due to multiple objects and
15 the length, width, and weight laws are not exceeded. For the
16 purpose of an over width movement, more than one object may
17 be carried as long as the cause for the over width is not due
18 to multiple objects and length, height, and weight laws are
19 not exceeded. No state or local agency shall authorize the
20 issuance of excess size or weight permits for vehicles and
21 loads that are divisible and that can be carried, when
22 divided, within the existing size or weight maximums
23 specified in this Chapter. Any excess size or weight permit
24 issued in violation of the provisions of this Section shall
25 be void at issue and any movement made thereunder shall not
26 be authorized under the terms of the void permit. In any
27 prosecution for a violation of this Chapter when the
28 authorization of an excess size or weight permit is at issue,
29 it is the burden of the defendant to establish that the
30 permit was valid because the load to be moved could not
31 reasonably be dismantled or disassembled, or was otherwise
32 nondivisible.
33 (b) The application for any such permit shall: (1) state
34 whether such permit is requested for a single trip or for
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1 limited continuous operation; (2) state if the applicant is
2 an authorized carrier under the Illinois Motor Carrier of
3 Property Law, if so, his certificate, registration or permit
4 number issued by the Illinois Commerce Commission; (3)
5 specifically describe and identify the vehicle or vehicles
6 and load to be operated or moved except that for vehicles or
7 vehicle combinations registered by the Department as provided
8 in Section 15-319 of this Chapter, only the Illinois
9 Department of Transportation's (IDT) registration number or
10 classification need be given; (4) state the routing requested
11 including the points of origin and destination, and may
12 identify and include a request for routing to the nearest
13 certified scale in accordance with the Department's rules and
14 regulations, provided the applicant has approval to travel on
15 local roads; and (5) state if the vehicles or loads are being
16 transported for hire. No permits for the movement of a
17 vehicle or load for hire shall be issued to any applicant who
18 is required under the Illinois Motor Carrier of Property Law
19 to have a certificate, registration or permit and does not
20 have such certificate, registration or permit.
21 (c) The Department or local authority when not
22 inconsistent with traffic safety is authorized to issue or
23 withhold such permit at its discretion; or, if such permit is
24 issued at its discretion to prescribe the route or routes to
25 be traveled, to limit the number of trips, to establish
26 seasonal or other time limitations within which the vehicles
27 described may be operated on the highways indicated, or
28 otherwise to limit or prescribe conditions of operations of
29 such vehicle or vehicles, when necessary to assure against
30 undue damage to the road foundations, surfaces or structures,
31 and may require such undertaking or other security as may be
32 deemed necessary to compensate for any injury to any roadway
33 or road structure. The Department shall maintain a daily
34 record of each permit issued along with the fee and the
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1 stipulated dimensions, weights, conditions and restrictions
2 authorized and this record shall be presumed correct in any
3 case of questions or dispute. The Department shall install an
4 automatic device for recording applications received and
5 permits issued by telephone. In making application by
6 telephone, the Department and applicant waive all objections
7 to the recording of the conversation.
8 (d) The Department shall, upon application in writing
9 from any local authority, issue an annual permit authorizing
10 the local authority to move oversize highway construction,
11 transportation, utility and maintenance equipment over roads
12 under the jurisdiction of the Department. The permit shall be
13 applicable only to equipment and vehicles owned by or
14 registered in the name of the local authority, and no fee
15 shall be charged for the issuance of such permits.
16 (e) As an exception to paragraph (a) of this Section,
17 the Department and local authorities, with respect to
18 highways under their respective jurisdictions, in their
19 discretion and upon application in writing may issue a
20 special permit for limited continuous operation, authorizing
21 the applicant to move loads of sweet corn, soybeans, corn,
22 wheat, milo, other small grains and ensilage during the
23 harvest season only on a 2 axle single vehicle registered by
24 the Secretary of State with axle loads not to exceed 35%
25 above those provided in Section 15-111. Permits may be issued
26 for a period not to exceed 40 days and moves may be made of a
27 distance not to exceed 25 miles from a field to a specified
28 processing plant over any highway except the National System
29 of Interstate and Defense Highways. All such vehicles shall
30 be operated in the daytime except when weather or crop
31 conditions require emergency operation at night, but with
32 respect to such night operation, every such vehicle with load
33 shall be equipped with flashing amber lights as specified
34 under Section 12-215. Upon a declaration by the Governor that
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1 an emergency harvest situation exists, a special permit
2 issued by the Department under this Section shall not be
3 required from September 1 through December 31 during harvest
4 season emergencies, provided that the weight does not exceed
5 20% above the limits provided in Section 15-111. All other
6 restrictions that apply to permits issued under this Section
7 shall apply during the declared time period. With respect to
8 highways under the jurisdiction of local authorities, the
9 local authorities may, at their discretion, waive special
10 permit requirements during harvest season emergencies. This
11 permit exemption shall apply to all vehicles eligible to
12 obtain permits under this Section, including commercial
13 vehicles in use during the declared time period.
14 (f) The form and content of the permit shall be
15 determined by the Department with respect to highways under
16 its jurisdiction and by local authorities with respect to
17 highways under their jurisdiction. Every permit shall be in
18 written form and carried in the vehicle or combination of
19 vehicles to which it refers and shall be open to inspection
20 by any police officer or authorized agent of any authority
21 granting the permit and no person shall violate any of the
22 terms or conditions of such special permit. Violation of the
23 terms and conditions of the permit shall not be deemed a
24 revocation of the permit; however, any vehicle and load found
25 to be off the route prescribed in the permit shall be held to
26 be operating without a permit. Any off route vehicle and
27 load shall be required to obtain a new permit or permits, as
28 necessary, to authorize the movement back onto the original
29 permit routing. No rule or regulation, nor anything herein
30 shall be construed to authorize any police officer, court, or
31 authorized agent of any authority granting the permit to
32 remove the permit from the possession of the permittee unless
33 the permittee is charged with a fraudulent permit violation
34 as provided in paragraph (i). However, upon arrest for an
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1 offense of violation of permit, operating without a permit
2 when the vehicle is off route, or any size or weight offense
3 under this Chapter when the permittee plans to raise the
4 issuance of the permit as a defense, the permittee, or his
5 agent, must produce the permit at any court hearing
6 concerning the alleged offense.
7 If the permit designates and includes a routing to a
8 certified scale, the permitee, while enroute to the
9 designated scale, shall be deemed in compliance with the
10 weight provisions of the permit provided the axle or gross
11 weights do not exceed any of the permitted limits by more
12 than the following amounts:
13 Single axle 2000 pounds
14 Tandem axle 3000 pounds
15 Gross 5000 pounds
16 (g) The Department is authorized to adopt, amend, and to
17 make available to interested persons a policy concerning
18 reasonable rules, limitations and conditions or provisions of
19 operation upon highways under its jurisdiction in addition to
20 those contained in this Section for the movement by special
21 permit of vehicles, combinations, or loads which cannot
22 reasonably be dismantled or disassembled, including
23 manufactured and modular home sections and portions thereof.
24 All rules, limitations and conditions or provisions adopted
25 in the policy shall have due regard for the safety of the
26 traveling public and the protection of the highway system and
27 shall have been promulgated in conformity with the provisions
28 of the Illinois Administrative Procedure Act. The
29 requirements of the policy for flagmen and escort vehicles
30 shall be the same for all moves of comparable size and
31 weight. When escort vehicles are required, they shall meet
32 the following requirements:
33 (1) All operators shall be 18 years of age or over
34 and properly licensed to operate the vehicle.
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1 (2) Vehicles escorting oversized loads more than
2 12-feet wide must be equipped with a rotating or flashing
3 amber light mounted on top as specified under Section
4 12-215.
5 The Department shall establish reasonable rules and
6 regulations regarding liability insurance or self insurance
7 for vehicles with oversized loads promulgated under The
8 Illinois Administrative Procedure Act. Police vehicles may be
9 required for escort under circumstances as required by rules
10 and regulations of the Department.
11 (h) Violation of any rule, limitation or condition or
12 provision of any permit issued in accordance with the
13 provisions of this Section shall not render the entire permit
14 null and void but the violator shall be deemed guilty of
15 violation of permit and guilty of exceeding any size, weight
16 or load limitations in excess of those authorized by the
17 permit. The prescribed route or routes on the permit are not
18 mere rules, limitations, conditions, or provisions of the
19 permit, but are also the sole extent of the authorization
20 granted by the permit. If a vehicle and load are found to be
21 off the route or routes prescribed by any permit authorizing
22 movement, the vehicle and load are operating without a
23 permit. Any off route movement shall be subject to the size
24 and weight maximums, under the applicable provisions of this
25 Chapter, as determined by the type or class highway upon
26 which the vehicle and load are being operated.
27 (i) Whenever any vehicle is operated or movement made
28 under a fraudulent permit the permit shall be void, and the
29 person, firm, or corporation to whom such permit was granted,
30 the driver of such vehicle in addition to the person who
31 issued such permit and any accessory, shall be guilty of
32 fraud and either one or all persons may be prosecuted for
33 such violation. Any person, firm, or corporation committing
34 such violation shall be guilty of a Class 4 felony and the
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1 Department shall not issue permits to the person, firm or
2 corporation convicted of such violation for a period of one
3 year after the date of conviction. Penalties for violations
4 of this Section shall be in addition to any penalties imposed
5 for violation of other Sections of this Act.
6 (j) Whenever any vehicle is operated or movement made in
7 violation of a permit issued in accordance with this Section,
8 the person to whom such permit was granted, or the driver of
9 such vehicle, is guilty of such violation and either, but not
10 both, persons may be prosecuted for such violation as stated
11 in this subsection (j). Any person, firm or corporation
12 convicted of such violation shall be guilty of a petty
13 offense and shall be fined for the first offense, not less
14 than $50 nor more than $200 and, for the second offense by
15 the same person, firm or corporation within a period of one
16 year, not less than $200 nor more than $300 and, for the
17 third offense by the same person, firm or corporation within
18 a period of one year after the date of the first offense, not
19 less than $300 nor more than $500 and the Department shall
20 not issue permits to the person, firm or corporation
21 convicted of a third offense during a period of one year
22 after the date of conviction for such third offense.
23 (k) Whenever any vehicle is operated on local roads
24 under permits for excess width or length issued by local
25 authorities, such vehicle may be moved upon a State highway
26 for a distance not to exceed one-half mile without a permit
27 for the purpose of crossing the State highway.
28 (l) Notwithstanding any other provision of this Section,
29 the Department, with respect to highways under its
30 jurisdiction, and local authorities, with respect to highways
31 under their jurisdiction, may at their discretion authorize
32 the movement of a vehicle in violation of any size or weight
33 requirement, or both, that would not ordinarily be eligible
34 for a permit, when there is a showing of extreme necessity
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1 that the vehicle and load should be moved without unnecessary
2 delay.
3 For the purpose of this subsection, showing of extreme
4 necessity shall be limited to the following: shipments of
5 livestock, hazardous materials, liquid concrete being hauled
6 in a mobile cement mixer, or hot asphalt.
7 (m) Penalties for violations of this Section shall be in
8 addition to any penalties imposed for violating any other
9 Section of this Code.
10 (n) The Department with respect to highways under its
11 jurisdiction and local authorities with respect to highways
12 under their jurisdiction, in their discretion and upon
13 application in writing, may issue a special permit for
14 continuous limited operation, authorizing the applicant to
15 operate a tow-truck that exceeds the weight limits provided
16 for in subsection (d) of Section 15-111, provided:
17 (1) no rear single axle of the tow-truck exceeds
18 26,000 pounds;
19 (2) no rear tandem axle of the tow-truck exceeds
20 50,000 pounds;
21 (3) neither the disabled vehicle nor the disabled
22 combination of vehicles exceed the weight restrictions
23 imposed by this Chapter 15, or the weight limits imposed
24 under a permit issued by the Department prior to hookup;
25 (4) the tow-truck prior to hookup does not exceed
26 the weight restrictions imposed by this Chapter 15;
27 (5) during the tow operation the tow-truck does not
28 violate any weight restriction sign;
29 (6) the tow-truck is equipped with flashing,
30 rotating, or oscillating amber lights, visible for at
31 least 500 feet in all directions;
32 (7) the tow-truck is specifically designed and
33 licensed as a tow-truck;
34 (8) the tow-truck has a gross vehicle weight rating
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1 of sufficient capacity to safely handle the load;
2 (9) the tow-truck is equipped with air brakes;
3 (10) the tow-truck is capable of utilizing the
4 lighting and braking systems of the disabled vehicle or
5 combination of vehicles;
6 (11) the tow distance of the tow does not exceed 50
7 miles from the point of disablement to a place of repair
8 or safekeeping;
9 (12) the permit issued to the tow-truck is carried
10 in the tow-truck and exhibited on demand by a police
11 officer; and
12 (13) the movement shall be valid only on state
13 routes approved by the Department.
14 (o) The Department, with respect to highways under its
15 jurisdiction, and local authorities, with respect to highways
16 under their jurisdiction, in their discretion and upon
17 application in writing, may issue a special permit for
18 continuous limited operation, authorizing the applicant to
19 transport raw milk that exceeds the weight limits provided
20 for in subsections (b) and (f) subsection of Section 15-111
21 of this Code, provided:
22 (1) no single axle exceeds 20,000 pounds;
23 (2) no gross weight exceeds 80,000 pounds;
24 (3) permits issued by the state are only good for
25 federal and State highways and are not applicable to
26 interstate highways; and
27 (4) all road and bridge postings must be obeyed.
28 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
29 90-655, eff. 7-30-98; 90-676, eff. 7-31-98; 91-569, eff.
30 1-1-00.)
31 (625 ILCS 5/15-308.3 new)
32 Sec. 15-308.3 Fees for special permits to transport raw
33 milk. The fee for a special permit to transport raw milk is
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1 $12.50 quarterly and $50.00 annually.".