HB5455 98TH GENERAL ASSEMBLY

LRB098 17324 MLW 52420 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5455

Introduced , by Rep. Brandon W. Phelps

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-819	from Ch. 95 1/2, par. 3-819
625 ILCS 5/18b-101	from Ch. 95 1/2, par. 18b-101

Amends the Illinois Vehicle Code. Defines "covered farm vehicles" under the Illinois Motor Carrier Safety Law. Provides that when trailers registered as farm trailers are hauled by a motor vehicle of the second division that is 12,000 pounds or less that is not registered as a farm truck, that truck is subject to privileges and limitations on use as though it were registered as a farm truck. Effective immediately.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by changing Sections 3-819 and 18b-101 as follows:

(625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)

Sec. 3-819. Trailer; Flat weight tax.

(a) Farm Trailer. Any farm trailer drawn by a motor vehicle of the second division registered under paragraph (a) or (c) of Section 3-815 and used exclusively by the owner for his own agricultural, horticultural or livestock raising operations and not used for hire, or any farm trailer utilized only in the transportation for-hire of seasonal, fresh, perishable fruit or vegetables from farm to the point of first processing, and any trailer used with a farm tractor that is not an implement of husbandry may be registered under this paragraph in lieu of registration under paragraph (b) of this Section upon the filing of a proper application and the payment of the $10 registration fee and the highway use tax herein for use of the public highways of this State, at the following rates which include the $10 registration fee:

When any trailer registered under this subsection is drawn by a motor vehicle of the second division registered for 12,000 pounds or less under subsection (a) of Section 3-815 of this Code or under subsection (a) of Section 3-818 of this Code, that motor vehicle shall comply with the limitations on use and shall be eligible for any privilege as though the motor vehicle was registered under subsection (c) of Section 3-815 of this Code, except that vehicles registered under Section 3-818 of this Code shall also comply with all restrictions and requirements provided in that Section.

An owner may only apply for and receive two farm trailer registrations.

(b) All other owners of trailers, other than apportionable trailers registered under Section 3-402.1 of this Code, used with a motor vehicle on the public highways, shall pay to the Secretary of State for each registration year a flat weight tax, for the use of the public highways of this State, at the following rates (which includes the registration fee of $10 required by Section 3-813):

(c) The number of axles necessary to carry the maximum load provided shall be determined from Chapter 15 of this Code.

(Source: P.A. 96-328, eff. 8-11-09.)

(625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)

Sec. 18b-101. Definitions. Unless the context otherwise clearly requires, as used in this Chapter:

"Agricultural commodities" means any agricultural commodity, non-processed food, feed, fiber, or livestock, including insects.

"Agricultural operations" means the operation of a motor vehicle or combination of vehicles transporting agricultural commodities or farm supplies for agricultural purposes.

"Air mile" means a nautical mile, which is equivalent to 6,076 feet or 1,852 meters. Accordingly, 100 air miles are equivalent to 115.08 statute miles or 185.2 kilometers.

"Commercial motor vehicle" means any self propelled or towed vehicle used on public highways in interstate and intrastate commerce to transport passengers or property when the vehicle has a gross vehicle weight, a gross vehicle weight rating, a gross combination weight, or a gross combination weight rating of 10,001 or more pounds; or the vehicle is used or designed to transport more than 15 passengers, including the driver; or the vehicle is designed to carry 15 or fewer passengers and is operated by a contract carrier transporting employees in the course of their employment on a highway of this State; or the vehicle is used or designed to transport between 9 and 15 passengers, including the driver, for direct compensation; or the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under the Illinois Hazardous Materials Transportation Act. This definition shall not include farm machinery, fertilizer spreaders, and other special agricultural movement equipment described in Section 3-809 nor implements of husbandry as defined in Section 1-130;

"Covered farm vehicle", for purposes of this Chapter and rule making under this Chapter, means a straight truck or articulated vehicle, excluding vehicles transporting hazardous materials of a type or quantity that requires the vehicle to be placarded in accordance with the Illinois Hazardous Materials Transportation Act, registered in this State or another state and equipped with a special license plate or other designation by the state in which the vehicle is registered identifying the vehicle as a farm vehicle for law enforcement personnel and:

(1) is operated by a farm or ranch owner or operator, or an employee or family member of the farm or ranch owner or operator; and

(2) is being used to transport the following to or from a farm or ranch:

(A) agricultural commodities;

(B) livestock; or

(C) machinery or supplies; and

(3) if registered in this State, is:

(A) registered as a farm truck under subsection (c) of Section 3-815 of this Code; or

(B) operated in combination as an articulated vehicle where the truck in the combination is registered for 12,000 pounds or less under paragraph (a) of Section 3-815 of this Code or paragraph (a) of Section 3-818 of this Code and the trailer in the combination is registered as a farm trailer under paragraph (a) of Section 3-819 of this Code and displays a farm registration license plate; or

(C) a truck registered for 12,000 pounds or less under subsection (a) of Section 3-815 of this Code or subsection (a) of Section 3-818 of this Code towing an implement of husbandry as part of a farming operation; and

(4) is not used in for-hire motor carrier operations, except for the transport of a landlord's portion of crops by a tenant under a crop share farm lease agreement; and

(5) has a gross vehicle weight rating (GVWR), a gross combination weight rating (GCWR), or a gross vehicle weight or gross vehicle combination weight, whichever is greater, that is:

(A) 26,001 pounds or less, for vehicles operating in interstate commerce; or

(B) greater than 26,001 pounds, traveling in interstate commerce and registered in this State; or

(C) greater than 26,001 pounds and traveling in interstate commerce within 150 miles of the farm or ranch for which the vehicle is being operated, regardless of whether it is registered in this State; or

(D) greater than 10,000 pounds and traveling intrastate.

"Direct compensation" means payment made to the motor carrier by the passengers or a person acting on behalf of the passengers for the transportation services provided, and not included in a total package charge or other assessment for highway transportation services;

"Farm supplies for agricultural purposes" means products directly related to the growing or harvesting of agricultural commodities and livestock feed at any time of the year;

"Livestock" means cattle, sheep, goats, swine, poultry (including egg-producing poultry), fish used for food, and other animals designated by the Secretary of the United States Department of Transportation (at his or her sole discretion) that are part of a foundation herd (including producing dairy cattle) or offspring;

"Officer" means Illinois State Police Officer;

"Person" means any natural person or individual, governmental body, firm, association, partnership, copartnership, joint venture, company, corporation, joint stock company, trust, estate or any other legal entity or their legal representative, agent or assigns.

(Source: P.A. 97-795, eff. 1-1-13.)

Section 99. Effective date. This Act takes effect upon becoming law.