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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
| 5 | Section 15-316 as follows:
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| 6 | (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
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| 7 | Sec. 15-316. When the Department or local authority may | ||||||
| 8 | restrict right to use highways.
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| 9 | (a) Except as provided in subsection (g), local Local | ||||||
| 10 | authorities with
respect to highways under their jurisdiction | ||||||
| 11 | may by ordinance or resolution
prohibit the operation of | ||||||
| 12 | vehicles upon any such highway or impose
restrictions as to the | ||||||
| 13 | weight of vehicles to be operated upon any such
highway, for a | ||||||
| 14 | total period of not to exceed 90 days in any one calendar
year, | ||||||
| 15 | whenever any said highway by reason of deterioration, rain, | ||||||
| 16 | snow, or
other climate conditions will be seriously damaged or | ||||||
| 17 | destroyed unless the
use of vehicles thereon is prohibited or | ||||||
| 18 | the permissible weights thereof
reduced.
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| 19 | (b) The local authority
enacting any such ordinance or | ||||||
| 20 | resolution shall erect or cause to be erected
and maintained | ||||||
| 21 | signs designating the provision of the ordinance or resolution
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| 22 | at each end of that portion of any highway affected thereby, | ||||||
| 23 | and the ordinance
or resolution shall not be effective unless | ||||||
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| 1 | and until such signs are erected
and maintained.
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| 2 | (c) Local authorities with
respect to highways under their | ||||||
| 3 | jurisdiction may also, by ordinance or
resolution, prohibit the | ||||||
| 4 | operation of trucks or other commercial vehicles,
or may impose | ||||||
| 5 | limitations as the weight thereof, on designated highways, | ||||||
| 6 | which
prohibitions and limitations shall be designated by | ||||||
| 7 | appropriate signs placed on
such highways.
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| 8 | (c-1) (Blank).
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| 9 | (d) The Department shall likewise have authority as | ||||||
| 10 | hereinbefore
granted to local authorities to
determine by | ||||||
| 11 | resolution and to impose restrictions as to the weight of | ||||||
| 12 | vehicles
operated upon any highway under the jurisdiction of | ||||||
| 13 | said department, and such
restrictions shall be effective when | ||||||
| 14 | signs giving notice thereof are erected
upon the highway or | ||||||
| 15 | portion of any highway affected by such resolution.
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| 16 | (d-1) (Blank).
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| 17 | (d-2) (Blank).
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| 18 | (e) When any vehicle is operated in violation of this | ||||||
| 19 | Section, the owner
or driver of the vehicle shall be deemed | ||||||
| 20 | guilty of a violation and either the
owner or the driver of the | ||||||
| 21 | vehicle may be prosecuted for the violation. Any
person, firm, | ||||||
| 22 | or corporation convicted of violating this Section shall be | ||||||
| 23 | fined
$50 for any weight exceeding the posted limit up to the | ||||||
| 24 | axle or gross weight
limit allowed a vehicle as provided for in | ||||||
| 25 | subsections (a) or (b) of Section
15-111 and $75 per every 500 | ||||||
| 26 | pounds or fraction thereof for any weight
exceeding that which | ||||||
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| 1 | is provided for in subsections (a) or
(b) of Section 15-111.
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| 2 | (f) A municipality is authorized to enforce a county weight | ||||||
| 3 | limit
ordinance applying to county highways within its | ||||||
| 4 | corporate limits and is
entitled to the proceeds of any fines | ||||||
| 5 | collected from the enforcement.
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| 6 | (g) An ordinance or resolution enacted by a county or | ||||||
| 7 | township pursuant to subsection (a) of this Section shall not | ||||||
| 8 | apply to cargo tank vehicles with two or three permanent axles | ||||||
| 9 | when delivering propane for emergency heating purposes if the | ||||||
| 10 | cargo tank is loaded at no more than 50 percent capacity, the | ||||||
| 11 | gross vehicle weight of the vehicle does not exceed 32,000 | ||||||
| 12 | pounds, and the driver of the cargo tank vehicle notifies the | ||||||
| 13 | appropriate agency or agencies with jurisdiction over the | ||||||
| 14 | highway before driving the vehicle on the highway pursuant to | ||||||
| 15 | this subsection. The cargo tank vehicle must have an operating | ||||||
| 16 | gauge on the cargo tank which indicates the amount of propane | ||||||
| 17 | as a percent of capacity of the cargo tank. The cargo tank must | ||||||
| 18 | have the capacity displayed on the cargo tank, or documentation | ||||||
| 19 | of the capacity of the cargo tank must be available in the | ||||||
| 20 | vehicle. For the purposes of this subsection, propane weighs | ||||||
| 21 | 4.2 pounds per gallon. This subsection does not apply to | ||||||
| 22 | municipalities. Nothing in this subsection shall allow cargo | ||||||
| 23 | tank
vehicles
to cross bridges with posted weight restrictions | ||||||
| 24 | if the vehicle exceeds the posted weight limit. | ||||||
| 25 | (Source: P.A. 92-417, eff. 1-1-02; 93-177, eff. 7-11-03.)
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