99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5531

 

Introduced , by Rep. Donald L. Moffitt

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Provides that upon declaration by the Governor that a disaster resulting from a storm exists, all vehicles are exempt from requiring a special permit for excess vehicle size and weight, provided that the weight does not exceed 20% above the permissible limit. All other restrictions to the special permits shall apply.


LRB099 19234 AXK 43626 b

 

 

A BILL FOR

 

HB5531LRB099 19234 AXK 43626 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or printed
19form may only be accepted from and issued to the company or
20individual making the movement. Except for an application to
21move directly across a highway, it shall be the duty of the
22applicant to establish in the application that the load to be
23moved by such vehicle or combination cannot reasonably be

 

 

HB5531- 2 -LRB099 19234 AXK 43626 b

1dismantled or disassembled, the reasonableness of which shall
2be determined by the Secretary of the Department. For the
3purpose of over length movements, more than one object may be
4carried side by side as long as the height, width, and weight
5laws are not exceeded and the cause for the over length is not
6due to multiple objects. For the purpose of over height
7movements, more than one object may be carried as long as the
8cause for the over height is not due to multiple objects and
9the length, width, and weight laws are not exceeded. For the
10purpose of an over width movement, more than one object may be
11carried as long as the cause for the over width is not due to
12multiple objects and length, height, and weight laws are not
13exceeded. No state or local agency shall authorize the issuance
14of excess size or weight permits for vehicles and loads that
15are divisible and that can be carried, when divided, within the
16existing size or weight maximums specified in this Chapter. Any
17excess size or weight permit issued in violation of the
18provisions of this Section shall be void at issue and any
19movement made thereunder shall not be authorized under the
20terms of the void permit. In any prosecution for a violation of
21this Chapter when the authorization of an excess size or weight
22permit is at issue, it is the burden of the defendant to
23establish that the permit was valid because the load to be
24moved could not reasonably be dismantled or disassembled, or
25was otherwise nondivisible.
26    (b) The application for any such permit shall: (1) state

 

 

HB5531- 3 -LRB099 19234 AXK 43626 b

1whether such permit is requested for a single trip or for
2limited continuous operation; (2) state if the applicant is an
3authorized carrier under the Illinois Motor Carrier of Property
4Law, if so, his certificate, registration or permit number
5issued by the Illinois Commerce Commission; (3) specifically
6describe and identify the vehicle or vehicles and load to be
7operated or moved except that for vehicles or vehicle
8combinations registered by the Department as provided in
9Section 15-319 of this Chapter, only the Illinois Department of
10Transportation's (IDT) registration number or classification
11need be given; (4) state the routing requested including the
12points of origin and destination, and may identify and include
13a request for routing to the nearest certified scale in
14accordance with the Department's rules and regulations,
15provided the applicant has approval to travel on local roads;
16and (5) state if the vehicles or loads are being transported
17for hire. No permits for the movement of a vehicle or load for
18hire shall be issued to any applicant who is required under the
19Illinois Motor Carrier of Property Law to have a certificate,
20registration or permit and does not have such certificate,
21registration or permit.
22    (c) The Department or local authority when not inconsistent
23with traffic safety is authorized to issue or withhold such
24permit at its discretion; or, if such permit is issued at its
25discretion to prescribe the route or routes to be traveled, to
26limit the number of trips, to establish seasonal or other time

 

 

HB5531- 4 -LRB099 19234 AXK 43626 b

1limitations within which the vehicles described may be operated
2on the highways indicated, or otherwise to limit or prescribe
3conditions of operations of such vehicle or vehicles, when
4necessary to assure against undue damage to the road
5foundations, surfaces or structures, and may require such
6undertaking or other security as may be deemed necessary to
7compensate for any injury to any roadway or road structure. The
8Department shall maintain a daily record of each permit issued
9along with the fee and the stipulated dimensions, weights,
10conditions and restrictions authorized and this record shall be
11presumed correct in any case of questions or dispute. The
12Department shall install an automatic device for recording
13applications received and permits issued by telephone. In
14making application by telephone, the Department and applicant
15waive all objections to the recording of the conversation.
16    (d) The Department shall, upon application in writing from
17any local authority, issue an annual permit authorizing the
18local authority to move oversize highway construction,
19transportation, utility and maintenance equipment over roads
20under the jurisdiction of the Department. The permit shall be
21applicable only to equipment and vehicles owned by or
22registered in the name of the local authority, and no fee shall
23be charged for the issuance of such permits.
24    (e) As an exception to paragraph (a) of this Section, the
25Department and local authorities, with respect to highways
26under their respective jurisdictions, in their discretion and

 

 

HB5531- 5 -LRB099 19234 AXK 43626 b

1upon application in writing may issue a special permit for
2limited continuous operation, authorizing the applicant to
3move loads of agricultural commodities on a 2 axle single
4vehicle registered by the Secretary of State with axle loads
5not to exceed 35%, on a 3 or 4 axle vehicle registered by the
6Secretary of State with axle loads not to exceed 20%, and on a
75 axle vehicle registered by the Secretary of State not to
8exceed 10% above those provided in Section 15-111. The total
9gross weight of the vehicle, however, may not exceed the
10maximum gross weight of the registration class of the vehicle
11allowed under Section 3-815 or 3-818 of this Code.
12    As used in this Section, "agricultural commodities" means:
13        (1) cultivated plants or agricultural produce grown
14    including, but is not limited to, corn, soybeans, wheat,
15    oats, grain sorghum, canola, and rice;
16        (2) livestock, including but not limited to hogs,
17    equine, sheep, and poultry;
18        (3) ensilage; and
19        (4) fruits and vegetables.
20    Permits may be issued for a period not to exceed 40 days
21and moves may be made of a distance not to exceed 50 miles from
22a field, an on-farm grain storage facility, a warehouse as
23defined in the Illinois Grain Code, or a livestock management
24facility as defined in the Livestock Management Facilities Act
25over any highway except the National System of Interstate and
26Defense Highways. The operator of the vehicle, however, must

 

 

HB5531- 6 -LRB099 19234 AXK 43626 b

1abide by posted bridge and posted highway weight limits. All
2implements of husbandry operating under this Section between
3sunset and sunrise shall be equipped as prescribed in Section
412-205.1.
5    (e-1) Upon a declaration by the Governor that an emergency
6harvest situation exists, a special permit issued by the
7Department under this Section shall not be required from
8September 1 through December 31 during harvest season
9emergencies, provided that the weight does not exceed 20% above
10the limits provided in Section 15-111. All other restrictions
11that apply to permits issued under this Section shall apply
12during the declared time period. With respect to highways under
13the jurisdiction of local authorities, the local authorities
14may, at their discretion, waive special permit requirements
15during harvest season emergencies. This permit exemption shall
16apply to all vehicles eligible to obtain permits under this
17Section, including commercial vehicles in use during the
18declared time period.
19    (e-5) Upon a declaration by the Governor under Section 7 of
20the Illinois Emergency Management Agency Act that a disaster
21resulting from a storm exists, a special permit issued by the
22Department under this Section shall not be required for the
23duration of the declared time period of the disaster, provided
24that the weight does not exceed 20% above the limits under
25Section 15-111. All other restrictions that apply to permits
26issued under this Section shall apply during the declared time

 

 

HB5531- 7 -LRB099 19234 AXK 43626 b

1period. With respect to highways under the jurisdiction of
2local authorities, the local authorities may, at their
3discretion, waive special permit requirements during emergency
4storm situations. This permit exemption shall apply to all
5vehicles eligible to obtain permits under this Section,
6including commercial vehicles in use during the declared time
7period.
8    (f) The form and content of the permit shall be determined
9by the Department with respect to highways under its
10jurisdiction and by local authorities with respect to highways
11under their jurisdiction. Every permit shall be in written form
12and carried in the vehicle or combination of vehicles to which
13it refers and shall be open to inspection by any police officer
14or authorized agent of any authority granting the permit and no
15person shall violate any of the terms or conditions of such
16special permit. Violation of the terms and conditions of the
17permit shall not be deemed a revocation of the permit; however,
18any vehicle and load found to be off the route prescribed in
19the permit shall be held to be operating without a permit. Any
20off route vehicle and load shall be required to obtain a new
21permit or permits, as necessary, to authorize the movement back
22onto the original permit routing. No rule or regulation, nor
23anything herein shall be construed to authorize any police
24officer, court, or authorized agent of any authority granting
25the permit to remove the permit from the possession of the
26permittee unless the permittee is charged with a fraudulent

 

 

HB5531- 8 -LRB099 19234 AXK 43626 b

1permit violation as provided in paragraph (i). However, upon
2arrest for an offense of violation of permit, operating without
3a permit when the vehicle is off route, or any size or weight
4offense under this Chapter when the permittee plans to raise
5the issuance of the permit as a defense, the permittee, or his
6agent, must produce the permit at any court hearing concerning
7the alleged offense.
8    If the permit designates and includes a routing to a
9certified scale, the permittee, while enroute to the designated
10scale, shall be deemed in compliance with the weight provisions
11of the permit provided the axle or gross weights do not exceed
12any of the permitted limits by more 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
17make available to interested persons a policy concerning
18reasonable rules, limitations and conditions or provisions of
19operation upon highways under its jurisdiction in addition to
20those contained in this Section for the movement by special
21permit of vehicles, combinations, or loads which cannot
22reasonably be dismantled or disassembled, including
23manufactured and modular home sections and portions thereof.
24All rules, limitations and conditions or provisions adopted in
25the policy shall have due regard for the safety of the
26traveling public and the protection of the highway system and

 

 

HB5531- 9 -LRB099 19234 AXK 43626 b

1shall have been promulgated in conformity with the provisions
2of the Illinois Administrative Procedure Act. The requirements
3of the policy for flagmen and escort vehicles shall be the same
4for all moves of comparable size and weight. When escort
5vehicles are required, they shall meet the following
6requirements:
7        (1) All operators shall be 18 years of age or over and
8    properly licensed to operate the vehicle.
9        (2) Vehicles escorting oversized loads more than
10    12-feet wide must be equipped with a rotating or flashing
11    amber light mounted on top as specified under Section
12    12-215.
13    The Department shall establish reasonable rules and
14regulations regarding liability insurance or self insurance
15for vehicles with oversized loads promulgated under The
16Illinois Administrative Procedure Act. Police vehicles may be
17required for escort under circumstances as required by rules
18and regulations of the Department.
19    (h) Violation of any rule, limitation or condition or
20provision of any permit issued in accordance with the
21provisions of this Section shall not render the entire permit
22null and void but the violator shall be deemed guilty of
23violation of permit and guilty of exceeding any size, weight or
24load limitations in excess of those authorized by the permit.
25The prescribed route or routes on the permit are not mere
26rules, limitations, conditions, or provisions of the permit,

 

 

HB5531- 10 -LRB099 19234 AXK 43626 b

1but are also the sole extent of the authorization granted by
2the permit. If a vehicle and load are found to be off the route
3or routes prescribed by any permit authorizing movement, the
4vehicle and load are operating without a permit. Any off route
5movement shall be subject to the size and weight maximums,
6under the applicable provisions of this Chapter, as determined
7by the type or class highway upon which the vehicle and load
8are being operated.
9    (i) Whenever any vehicle is operated or movement made under
10a fraudulent permit the permit shall be void, and the person,
11firm, or corporation to whom such permit was granted, the
12driver of such vehicle in addition to the person who issued
13such permit and any accessory, shall be guilty of fraud and
14either one or all persons may be prosecuted for such violation.
15Any person, firm, or corporation committing such violation
16shall be guilty of a Class 4 felony and the Department shall
17not issue permits to the person, firm or corporation convicted
18of such violation for a period of one year after the date of
19conviction. Penalties for violations of this Section shall be
20in addition to any penalties imposed for violation of other
21Sections of this Act.
22    (j) Whenever any vehicle is operated or movement made in
23violation of a permit issued in accordance with this Section,
24the person to whom such permit was granted, or the driver of
25such vehicle, is guilty of such violation and either, but not
26both, persons may be prosecuted for such violation as stated in

 

 

HB5531- 11 -LRB099 19234 AXK 43626 b

1this subsection (j). Any person, firm or corporation convicted
2of such violation shall be guilty of a petty offense and shall
3be fined for the first offense, not less than $50 nor more than
4$200 and, for the second offense by the same person, firm or
5corporation within a period of one year, not less than $200 nor
6more than $300 and, for the third offense by the same person,
7firm or corporation within a period of one year after the date
8of the first offense, not less than $300 nor more than $500 and
9the Department shall not issue permits to the person, firm or
10corporation convicted of a third offense during a period of one
11year after the date of conviction for such third offense.
12    (k) Whenever any vehicle is operated on local roads under
13permits for excess width or length issued by local authorities,
14such vehicle may be moved upon a State highway for a distance
15not to exceed one-half mile without a permit for the purpose of
16crossing the State highway.
17    (l) Notwithstanding any other provision of this Section,
18the Department, with respect to highways under its
19jurisdiction, and local authorities, with respect to highways
20under their jurisdiction, may at their discretion authorize the
21movement of a vehicle in violation of any size or weight
22requirement, or both, that would not ordinarily be eligible for
23a permit, when there is a showing of extreme necessity that the
24vehicle and load should be moved without unnecessary delay.
25    For the purpose of this subsection, showing of extreme
26necessity shall be limited to the following: shipments of

 

 

HB5531- 12 -LRB099 19234 AXK 43626 b

1livestock, hazardous materials, liquid concrete being hauled
2in a mobile cement mixer, or hot asphalt.
3    (m) Penalties for violations of this Section shall be in
4addition to any penalties imposed for violating any other
5Section of this Code.
6    (n) The Department with respect to highways under its
7jurisdiction and local authorities with respect to highways
8under their jurisdiction, in their discretion and upon
9application in writing, may issue a special permit for
10continuous limited operation, authorizing the applicant to
11operate a tow-truck that exceeds the weight limits provided for
12in subsection (a) of Section 15-111, provided:
13        (1) no rear single axle of the tow-truck exceeds 26,000
14    pounds;
15        (2) no rear tandem axle of the tow-truck exceeds 50,000
16    pounds;
17        (2.1) no triple rear axle on a manufactured recovery
18    unit exceeds 60,000 pounds;
19        (3) neither the disabled vehicle nor the disabled
20    combination of vehicles exceed the weight restrictions
21    imposed by this Chapter 15, or the weight limits imposed
22    under a permit issued by the Department prior to hookup;
23        (4) the tow-truck prior to hookup does not exceed the
24    weight restrictions imposed by this Chapter 15;
25        (5) during the tow operation the tow-truck does not
26    violate any weight restriction sign;

 

 

HB5531- 13 -LRB099 19234 AXK 43626 b

1        (6) the tow-truck is equipped with flashing, rotating,
2    or oscillating amber lights, visible for at least 500 feet
3    in all directions;
4        (7) the tow-truck is specifically designed and
5    licensed as a tow-truck;
6        (8) the tow-truck has a gross vehicle weight rating of
7    sufficient capacity to safely handle the load;
8        (9) the tow-truck is equipped with air brakes;
9        (10) the tow-truck is capable of utilizing the lighting
10    and braking systems of the disabled vehicle or combination
11    of vehicles;
12        (11) the tow commences at the initial point of wreck or
13    disablement and terminates at a point where the repairs are
14    actually to occur;
15        (12) the permit issued to the tow-truck is carried in
16    the tow-truck and exhibited on demand by a police officer;
17    and
18        (13) the movement shall be valid only on state routes
19    approved by the Department.
20    (o) The Department, with respect to highways under its
21jurisdiction, and local authorities, with respect to highways
22under their jurisdiction, in their discretion and upon
23application in writing, may issue a special permit for
24continuous limited operation, authorizing the applicant to
25transport raw milk that exceeds the weight limits provided for
26in subsection (a) of Section 15-111 of this Code, provided:

 

 

HB5531- 14 -LRB099 19234 AXK 43626 b

1        (1) no single axle exceeds 20,000 pounds;
2        (2) no gross weight exceeds 80,000 pounds;
3        (3) permits issued by the State are good only for
4    federal and State highways and are not applicable to
5    interstate highways; and
6        (4) all road and bridge postings must be obeyed.
7    (p) In determining whether a load may be reasonably
8dismantled or disassembled for the purpose of paragraph (a),
9the Department shall consider whether there is a significant
10negative impact on the condition of the pavement and structures
11along the proposed route, whether the load or vehicle as
12proposed causes a safety hazard to the traveling public,
13whether dismantling or disassembling the load promotes or
14stifles economic development and whether the proposed route
15travels less than 5 miles. A load is not required to be
16dismantled or disassembled for the purposes of paragraph (a) if
17the Secretary of the Department determines there will be no
18significant negative impact to pavement or structures along the
19proposed route, the proposed load or vehicle causes no safety
20hazard to the traveling public, dismantling or disassembling
21the load does not promote economic development and the proposed
22route travels less than 5 miles. The Department may promulgate
23rules for the purpose of establishing the divisibility of a
24load pursuant to paragraph (a). Any load determined by the
25Secretary to be nondivisible shall otherwise comply with the
26existing size or weight maximums specified in this Chapter.

 

 

HB5531- 15 -LRB099 19234 AXK 43626 b

1(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
297-813, eff. 7-13-12.)