Rep. Daniel V. Beiser

Filed: 5/30/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 42

2    AMENDMENT NO. ______. Amend Senate Bill 42 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Section 15-301 as follows:
 
6    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)
7    Sec. 15-301. Permits 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

 

 

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1for the maintenance of which the party is responsible.
2Applications and permits other than those in written or printed
3form may only be accepted from and issued to the company or
4individual making the movement. Except for an application to
5move directly across a highway, it shall be the duty of the
6applicant to establish in the application that the load to be
7moved by such vehicle or combination is composed of a single
8nondivisible object that cannot reasonably be dismantled or
9disassembled, the reasonableness of which shall be determined
10by the Secretary of the Department. For the purpose of over
11length movements, more than one object may be carried side by
12side as long as the height, width, and weight laws are not
13exceeded and the cause for the over length is not due to
14multiple objects. For the purpose of over height movements,
15more than one object may be carried as long as the cause for
16the over height is not due to multiple objects and the length,
17width, and weight laws are not exceeded. For the purpose of an
18over width movement, more than one object may be carried as
19long as the cause for the over width is not due to multiple
20objects and length, height, and weight laws are not exceeded.
21No state or local agency shall authorize the issuance of excess
22size or weight permits for vehicles and loads that are
23divisible and that can be carried, when divided, within the
24existing size or weight maximums specified in this Chapter. Any
25excess size or weight permit issued in violation of the
26provisions of this Section shall be void at issue and any

 

 

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1movement made thereunder shall not be authorized under the
2terms of the void permit. In any prosecution for a violation of
3this Chapter when the authorization of an excess size or weight
4permit is at issue, it is the burden of the defendant to
5establish that the permit was valid because the load to be
6moved could not reasonably be dismantled or disassembled, or
7was otherwise nondivisible.
8    (b) The application for any such permit shall: (1) state
9whether such permit is requested for a single trip or for
10limited continuous operation; (2) state if the applicant is an
11authorized carrier under the Illinois Motor Carrier of Property
12Law, if so, his certificate, registration or permit number
13issued by the Illinois Commerce Commission; (3) specifically
14describe and identify the vehicle or vehicles and load to be
15operated or moved except that for vehicles or vehicle
16combinations registered by the Department as provided in
17Section 15-319 of this Chapter, only the Illinois Department of
18Transportation's (IDT) registration number or classification
19need be given; (4) state the routing requested including the
20points of origin and destination, and may identify and include
21a request for routing to the nearest certified scale in
22accordance with the Department's rules and regulations,
23provided the applicant has approval to travel on local roads;
24and (5) state if the vehicles or loads are being transported
25for hire. No permits for the movement of a vehicle or load for
26hire shall be issued to any applicant who is required under the

 

 

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1Illinois Motor Carrier of Property Law to have a certificate,
2registration or permit and does not have such certificate,
3registration or permit.
4    (c) The Department or local authority when not inconsistent
5with traffic safety is authorized to issue or withhold such
6permit at its discretion; or, if such permit is issued at its
7discretion to prescribe the route or routes to be traveled, to
8limit the number of trips, to establish seasonal or other time
9limitations within which the vehicles described may be operated
10on the highways indicated, or otherwise to limit or prescribe
11conditions of operations of such vehicle or vehicles, when
12necessary to assure against undue damage to the road
13foundations, surfaces or structures, and may require such
14undertaking or other security as may be deemed necessary to
15compensate for any injury to any roadway or road structure. The
16Department shall maintain a daily record of each permit issued
17along with the fee and the stipulated dimensions, weights,
18conditions and restrictions authorized and this record shall be
19presumed correct in any case of questions or dispute. The
20Department shall install an automatic device for recording
21applications received and permits issued by telephone. In
22making application by telephone, the Department and applicant
23waive all objections to the recording of the conversation.
24    (d) The Department shall, upon application in writing from
25any local authority, issue an annual permit authorizing the
26local authority to move oversize highway construction,

 

 

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1transportation, utility and maintenance equipment over roads
2under the jurisdiction of the Department. The permit shall be
3applicable only to equipment and vehicles owned by or
4registered in the name of the local authority, and no fee shall
5be charged for the issuance of such permits.
6    (e) As an exception to paragraph (a) of this Section, the
7Department and local authorities, with respect to highways
8under their respective jurisdictions, in their discretion and
9upon application in writing may issue a special permit for
10limited continuous operation, authorizing the applicant to
11move loads of agricultural commodities on a 2 axle single
12vehicle registered by the Secretary of State with axle loads
13not to exceed 35%, on a 3 or 4 axle vehicle registered by the
14Secretary of State with axle loads not to exceed 20%, and on a
155 axle vehicle registered by the Secretary of State not to
16exceed 10% above those provided in Section 15-111. The total
17gross weight of the vehicle, however, may not exceed the
18maximum gross weight of the registration class of the vehicle
19allowed under Section 3-815 or 3-818 of this Code.
20    As used in this Section, "agricultural commodities" means:
21        (1) cultivated plants or agricultural produce grown
22    including, but is not limited to, corn, soybeans, wheat,
23    oats, grain sorghum, canola, and rice;
24        (2) livestock, including but not limited to hogs,
25    equine, sheep, and poultry;
26        (3) ensilage; and

 

 

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1        (4) fruits and vegetables.
2    Permits may be issued for a period not to exceed 40 days
3and moves may be made of a distance not to exceed 50 miles from
4a field, an on-farm grain storage facility, a warehouse as
5defined in the Illinois Grain Code, or a livestock management
6facility as defined in the Livestock Management Facilities Act
7over any highway except the National System of Interstate and
8Defense Highways. The operator of the vehicle, however, must
9abide by posted bridge and posted highway weight limits. All
10implements of husbandry operating under this Section between
11sunset and sunrise shall be equipped as prescribed in Section
1212-205.1.
13    (e-1) Upon a declaration by the Governor that an emergency
14harvest situation exists, a special permit issued by the
15Department under this Section shall not be required from
16September 1 through December 31 during harvest season
17emergencies, provided that the weight does not exceed 20% above
18the limits provided in Section 15-111. All other restrictions
19that apply to permits issued under this Section shall apply
20during the declared time period. With respect to highways under
21the jurisdiction of local authorities, the local authorities
22may, at their discretion, waive special permit requirements
23during harvest season emergencies. This permit exemption shall
24apply to all vehicles eligible to obtain permits under this
25Section, including commercial vehicles in use during the
26declared time period.

 

 

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1    (f) The form and content of the permit shall be determined
2by the Department with respect to highways under its
3jurisdiction and by local authorities with respect to highways
4under their jurisdiction. Every permit shall be in written form
5and carried in the vehicle or combination of vehicles to which
6it refers and shall be open to inspection by any police officer
7or authorized agent of any authority granting the permit and no
8person shall violate any of the terms or conditions of such
9special permit. Violation of the terms and conditions of the
10permit shall not be deemed a revocation of the permit; however,
11any vehicle and load found to be off the route prescribed in
12the permit shall be held to be operating without a permit. Any
13off route vehicle and load shall be required to obtain a new
14permit or permits, as necessary, to authorize the movement back
15onto the original permit routing. No rule or regulation, nor
16anything herein shall be construed to authorize any police
17officer, court, or authorized agent of any authority granting
18the permit to remove the permit from the possession of the
19permittee unless the permittee is charged with a fraudulent
20permit violation as provided in paragraph (i). However, upon
21arrest for an offense of violation of permit, operating without
22a permit when the vehicle is off route, or any size or weight
23offense under this Chapter when the permittee plans to raise
24the issuance of the permit as a defense, the permittee, or his
25agent, must produce the permit at any court hearing concerning
26the alleged offense.

 

 

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1    If the permit designates and includes a routing to a
2certified scale, the permitee, while enroute to the designated
3scale, shall be deemed in compliance with the weight provisions
4of the permit provided the axle or gross weights do not exceed
5any of the permitted limits by more than the following amounts:
6        Single axle               2000 pounds
7        Tandem axle               3000 pounds
8        Gross                     5000 pounds
9    (g) The Department is authorized to adopt, amend, and to
10make available to interested persons a policy concerning
11reasonable rules, limitations and conditions or provisions of
12operation upon highways under its jurisdiction in addition to
13those contained in this Section for the movement by special
14permit of vehicles, combinations, or loads which cannot
15reasonably be dismantled or disassembled, including
16manufactured and modular home sections and portions thereof.
17All rules, limitations and conditions or provisions adopted in
18the policy shall have due regard for the safety of the
19traveling public and the protection of the highway system and
20shall have been promulgated in conformity with the provisions
21of the Illinois Administrative Procedure Act. The requirements
22of the policy for flagmen and escort vehicles shall be the same
23for all moves of comparable size and weight. When escort
24vehicles are required, they shall meet the following
25requirements:
26        (1) All operators shall be 18 years of age or over and

 

 

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1    properly licensed to operate the vehicle.
2        (2) Vehicles escorting oversized loads more than
3    12-feet wide must be equipped with a rotating or flashing
4    amber light mounted on top as specified under Section
5    12-215.
6    The Department shall establish reasonable rules and
7regulations regarding liability insurance or self insurance
8for vehicles with oversized loads promulgated under The
9Illinois Administrative Procedure Act. Police vehicles may be
10required for escort under circumstances as required by rules
11and regulations of the Department.
12    (h) Violation of any rule, limitation or condition or
13provision of any permit issued in accordance with the
14provisions of this Section shall not render the entire permit
15null and void but the violator shall be deemed guilty of
16violation of permit and guilty of exceeding any size, weight or
17load limitations in excess of those authorized by the permit.
18The prescribed route or routes on the permit are not mere
19rules, limitations, conditions, or provisions of the permit,
20but are also the sole extent of the authorization granted by
21the permit. If a vehicle and load are found to be off the route
22or routes prescribed by any permit authorizing movement, the
23vehicle and load are operating without a permit. Any off route
24movement shall be subject to the size and weight maximums,
25under the applicable provisions of this Chapter, as determined
26by the type or class highway upon which the vehicle and load

 

 

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1are being operated.
2    (i) Whenever any vehicle is operated or movement made under
3a fraudulent permit the permit shall be void, and the person,
4firm, or corporation to whom such permit was granted, the
5driver of such vehicle in addition to the person who issued
6such permit and any accessory, shall be guilty of fraud and
7either one or all persons may be prosecuted for such violation.
8Any person, firm, or corporation committing such violation
9shall be guilty of a Class 4 felony and the Department shall
10not issue permits to the person, firm or corporation convicted
11of such violation for a period of one year after the date of
12conviction. Penalties for violations of this Section shall be
13in addition to any penalties imposed for violation of other
14Sections of this Act.
15    (j) Whenever any vehicle is operated or movement made in
16violation of a permit issued in accordance with this Section,
17the person to whom such permit was granted, or the driver of
18such vehicle, is guilty of such violation and either, but not
19both, persons may be prosecuted for such violation as stated in
20this subsection (j). Any person, firm or corporation convicted
21of such violation shall be guilty of a petty offense and shall
22be fined for the first offense, not less than $50 nor more than
23$200 and, for the second offense by the same person, firm or
24corporation within a period of one year, not less than $200 nor
25more than $300 and, for the third offense by the same person,
26firm or corporation within a period of one year after the date

 

 

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1of the first offense, not less than $300 nor more than $500 and
2the Department shall not issue permits to the person, firm or
3corporation convicted of a third offense during a period of one
4year after the date of conviction for such third offense.
5    (k) Whenever any vehicle is operated on local roads under
6permits for excess width or length issued by local authorities,
7such vehicle may be moved upon a State highway for a distance
8not to exceed one-half mile without a permit for the purpose of
9crossing the State highway.
10    (l) Notwithstanding any other provision of this Section,
11the Department, with respect to highways under its
12jurisdiction, and local authorities, with respect to highways
13under their jurisdiction, may at their discretion authorize the
14movement of a vehicle in violation of any size or weight
15requirement, or both, that would not ordinarily be eligible for
16a permit, when there is a showing of extreme necessity that the
17vehicle and load should be moved without unnecessary delay.
18    For the purpose of this subsection, showing of extreme
19necessity shall be limited to the following: shipments of
20livestock, hazardous materials, liquid concrete being hauled
21in a mobile cement mixer, or hot asphalt.
22    (m) Penalties for violations of this Section shall be in
23addition to any penalties imposed for violating any other
24Section of this Code.
25    (n) The Department with respect to highways under its
26jurisdiction and local authorities with respect to highways

 

 

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1under their jurisdiction, in their discretion and upon
2application in writing, may issue a special permit for
3continuous limited operation, authorizing the applicant to
4operate a tow-truck that exceeds the weight limits provided for
5in subsection (d) of Section 15-111, provided:
6        (1) no rear single axle of the tow-truck exceeds 26,000
7    pounds;
8        (2) no rear tandem axle of the tow-truck exceeds 50,000
9    pounds;
10        (2.1) no triple rear axle on a manufactured recovery
11    unit exceeds 60,000 pounds;
12        (3) neither the disabled vehicle nor the disabled
13    combination of vehicles exceed the weight restrictions
14    imposed by this Chapter 15, or the weight limits imposed
15    under a permit issued by the Department prior to hookup;
16        (4) the tow-truck prior to hookup does not exceed the
17    weight restrictions imposed by this Chapter 15;
18        (5) during the tow operation the tow-truck does not
19    violate any weight restriction sign;
20        (6) the tow-truck is equipped with flashing, rotating,
21    or oscillating amber lights, visible for at least 500 feet
22    in all directions;
23        (7) the tow-truck is specifically designed and
24    licensed as a tow-truck;
25        (8) the tow-truck has a gross vehicle weight rating of
26    sufficient capacity to safely handle the load;

 

 

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1        (9) the tow-truck is equipped with air brakes;
2        (10) the tow-truck is capable of utilizing the lighting
3    and braking systems of the disabled vehicle or combination
4    of vehicles;
5        (11) the tow commences at the initial point of wreck or
6    disablement and terminates at a point where the repairs are
7    actually to occur;
8        (12) the permit issued to the tow-truck is carried in
9    the tow-truck and exhibited on demand by a police officer;
10    and
11        (13) the movement shall be valid only on state routes
12    approved by the Department.
13    (o) The Department, with respect to highways under its
14jurisdiction, and local authorities, with respect to highways
15under their jurisdiction, in their discretion and upon
16application in writing, may issue a special permit for
17continuous limited operation, authorizing the applicant to
18transport raw milk that exceeds the weight limits provided for
19in subsections (b) and (f) of Section 15-111 of this Code,
20provided:
21        (1) no single axle exceeds 20,000 pounds;
22        (2) no gross weight exceeds 80,000 pounds;
23        (3) permits issued by the State are good only for
24    federal and State highways and are not applicable to
25    interstate highways; and
26        (4) all road and bridge postings must be obeyed.

 

 

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1    (p) In determining whether a load may be reasonably
2dismantled or disassembled for the purpose of paragraph (a),
3the Department shall consider whether there is a significant
4negative impact on the condition of the pavement and structures
5along the proposed route, whether the load or vehicle as
6proposed causes a safety hazard to the traveling public,
7whether dismantling or disassembling the load promotes or
8stifles economic development and whether the proposed route
9travels less than 5 miles. A load is not required to be
10dismantled or disassembled for the purposes of paragraph (a) if
11the Secretary of the Department determines there will be no
12significant negative impact to pavement or structures along the
13proposed route, the proposed load or vehicle causes no safety
14hazard to the traveling public, dismantling or disassembling
15the load does not promote economic development and the proposed
16route travels less than 5 miles. The Department may promulgate
17rules for the purpose of establishing the divisibility of a
18load pursuant to paragraph (a). Any load determined by the
19Secretary to be nondivisible shall otherwise comply with the
20existing size or weight maximums specified in this Chapter.
21(Source: P.A. 95-331, eff. 8-21-07; 95-666, eff. 10-11-07.)
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.".