102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0397

 

Introduced 2/8/2021, by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/15-111  from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-301  from Ch. 95 1/2, par. 15-301

    Amends the Illinois Vehicle Code. Provides that the Department of Transportation may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon any State or local highway. Deletes language providing that local authorities may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon local highways under their jurisdiction. Makes conforming changes. Effective January 1, 2026.


LRB102 03971 HEP 13987 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB0397LRB102 03971 HEP 13987 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
5changing Sections 15-111 and 15-301 as follows:
 
6    (625 ILCS 5/15-111)  (from Ch. 95 1/2, par. 15-111)
7    Sec. 15-111. Wheel and axle loads and gross weights.
8    (a) No vehicle or combination of vehicles with pneumatic
9tires may be operated, unladen or with load, when the total
10weight on the road surface exceeds the following: 20,000
11pounds on a single axle; 34,000 pounds on a tandem axle with no
12axle within the tandem exceeding 20,000 pounds; 80,000 pounds
13gross weight for vehicle combinations of 5 or more axles; or a
14total weight on a group of 2 or more consecutive axles in
15excess of that weight produced by the application of the
16following formula: W = 500 times the sum of (LN divided by N-1)
17+ 12N + 36, where "W" equals overall total weight on any group
18of 2 or more consecutive axles to the nearest 500 pounds, "L"
19equals the distance measured to the nearest foot between
20extremes of any group of 2 or more consecutive axles, and "N"
21equals the number of axles in the group under consideration.
22    The above formula when expressed in tabular form results
23in allowable loads as follows:
 

 

 

HB0397- 2 -LRB102 03971 HEP 13987 b

1Distance measured
2to the nearest
3foot between the
4extremes of any         Maximum weight in pounds
5group of 2 or           of any group of
6more consecutive        2 or more consecutive axles
7axles
8feet2 axles3 axles4 axles5 axles6 axles
9434,000
10534,000
11634,000
12734,000
13838,000*42,000
14939,00042,500
151040,00043,500
161144,000
171245,00050,000
181345,50050,500
191446,50051,500
201547,00052,000
211648,00052,50058,000
221748,50053,50058,500
231849,50054,00059,000
241950,00054,50060,000
252051,00055,50060,50066,000

 

 

HB0397- 3 -LRB102 03971 HEP 13987 b

12151,50056,00061,00066,500
22252,50056,50061,50067,000
32353,00057,50062,50068,000
42454,00058,00063,00068,500
52554,50058,50063,50069,000
62655,50059,50064,00069,500
72756,00060,00065,00070,000
82857,00060,50065,50071,000
92957,50061,50066,00071,500
103058,50062,00066,50072,000
113159,00062,50067,50072,500
123260,00063,50068,00073,000
133364,00068,50074,000
143464,50069,00074,500
153565,50070,00075,000
163666,00070,50075,500
173766,50071,00076,000
183867,50072,00077,000
193968,00072,50077,500
204068,50073,00078,000
214169,50073,50078,500
224270,00074,00079,000
234370,50075,00080,000
244471,50075,500
254572,00076,000
264672,50076,500

 

 

HB0397- 4 -LRB102 03971 HEP 13987 b

14773,50077,500
24874,00078,000
34974,50078,500
45075,50079,000
55176,00080,000
65276,500
75377,500
85478,000
95578,500
105679,500
115780,000
12*If the distance between 2 axles is 96 inches or less, the 2
13axles are tandem axles and the maximum total weight may not
14exceed 34,000 pounds, notwithstanding the higher limit
15resulting from the application of the formula.
16    Vehicles not in a combination having more than 4 axles may
17not exceed the weight in the table in this subsection (a) for 4
18axles measured between the extreme axles of the vehicle.
19    Vehicles in a combination having more than 6 axles may not
20exceed the weight in the table in this subsection (a) for 6
21axles measured between the extreme axles of the combination.
22    Local authorities, with respect to streets and highways
23under their jurisdiction, without additional fees, may also by
24ordinance or resolution allow the weight limitations of this
25subsection, provided the maximum gross weight on any one axle
26shall not exceed 20,000 pounds and the maximum total weight on

 

 

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1any tandem axle shall not exceed 34,000 pounds, on designated
2highways when appropriate regulatory signs giving notice are
3erected upon the street or highway or portion of any street or
4highway affected by the ordinance or resolution.
5    The following are exceptions to the above formula:
6        (1) Vehicles for which a different limit is
7    established and posted in accordance with Section 15-316
8    of this Code.
9        (2) Vehicles for which the Department of
10    Transportation issues and local authorities issue
11    overweight permits under authority of Section 15-301 of
12    this Code. These vehicles are not subject to the bridge
13    formula.
14        (3) Cities having a population of more than 50,000 may
15    permit by ordinance axle loads on 2-axle motor vehicles 33
16    1/2% above those provided for herein, but the increase
17    shall not become effective until the city has officially
18    notified the Department of the passage of the ordinance
19    and shall not apply to those vehicles when outside of the
20    limits of the city, nor shall the gross weight of any
21    2-axle motor vehicle operating over any street of the city
22    exceed 40,000 pounds.
23        (4) Weight limitations shall not apply to vehicles
24    (including loads) operated by a public utility when
25    transporting equipment required for emergency repair of
26    public utility facilities or properties or water wells.

 

 

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1        (4.5) A 3-axle or 4-axle vehicle (including when
2    laden) operated or hired by a municipality within Cook,
3    Lake, McHenry, Kane, DuPage, or Will county being operated
4    for the purpose of performing emergency sewer repair that
5    would be subject to a weight limitation less than 66,000
6    pounds under the formula in this subsection (a) shall have
7    a weight limitation of 66,000 pounds or the vehicle's
8    gross vehicle weight rating, whichever is less. This
9    paragraph (4.5) does not apply to vehicles being operated
10    on the National System of Interstate and Defense Highways,
11    or to vehicles being operated on bridges or other elevated
12    structures constituting a part of a highway.
13        (5) Two consecutive sets of tandem axles may carry a
14    total weight of 34,000 pounds each if the overall distance
15    between the first and last axles of the consecutive sets
16    of tandem axles is 36 feet or more, notwithstanding the
17    lower limit resulting from the application of the above
18    formula.
19        (6) A truck, not in combination and used exclusively
20    for the collection of rendering materials, may, when
21    laden, transmit upon the road surface, except when on part
22    of the National System of Interstate and Defense Highways,
23    the following maximum weights: 22,000 pounds on a single
24    axle; 40,000 pounds on a tandem axle.
25        (7) A truck not in combination, equipped with a self
26    compactor or an industrial roll-off hoist and roll-off

 

 

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1    container, used exclusively for garbage, refuse, or
2    recycling operations, may, when laden, transmit upon the
3    road surface, except when on part of the National System
4    of Interstate and Defense Highways, the following maximum
5    weights: 22,000 pounds on a single axle; 40,000 pounds on
6    a tandem axle; 40,000 pounds gross weight on a 2-axle
7    vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
8    This vehicle is not subject to the bridge formula.
9        (7.5) A 3-axle rear discharge truck mixer registered
10    as a Special Hauling Vehicle, used exclusively for the
11    mixing and transportation of concrete in the plastic
12    state, may, when laden, transmit upon the road surface,
13    except when on part of the National System of Interstate
14    and Defense Highways, the following maximum weights:
15    22,000 pounds on single axle; 40,000 pounds on a tandem
16    axle; 54,000 pounds gross weight on a 3-axle vehicle. This
17    vehicle is not subject to the bridge formula.
18        (8) Except as provided in paragraph (7.5) of this
19    subsection (a), tandem axles on a 3-axle truck registered
20    as a Special Hauling Vehicle, manufactured prior to or in
21    the model year of 2024 and first registered in Illinois
22    prior to January 1, 2025, with a distance greater than 72
23    inches but not more than 96 inches between any series of 2
24    axles, is allowed a combined weight on the series not to
25    exceed 36,000 pounds and neither axle of the series may
26    exceed 20,000 pounds. Any vehicle of this type

 

 

HB0397- 8 -LRB102 03971 HEP 13987 b

1    manufactured after the model year of 2024 or first
2    registered in Illinois after December 31, 2024 may not
3    exceed a combined weight of 34,000 pounds through the
4    series of 2 axles and neither axle of the series may exceed
5    20,000 pounds.
6        A 3-axle combination sewer cleaning jetting vacuum
7    truck registered as a Special Hauling Vehicle, used
8    exclusively for the transportation of non-hazardous solid
9    waste, manufactured before or in the model year of 2014,
10    first registered in Illinois before January 1, 2015, may,
11    when laden, transmit upon the road surface, except when on
12    part of the National System of Interstate and Defense
13    Highways, the following maximum weights: 22,000 pounds on
14    a single axle; 40,000 pounds on a tandem axle; 54,000
15    pounds gross weight on a 3-axle vehicle. This vehicle is
16    not subject to the bridge formula.
17        (9) A 4-axle truck mixer registered as a Special
18    Hauling Vehicle, used exclusively for the mixing and
19    transportation of concrete in the plastic state, and not
20    operated on a highway that is part of the National System
21    of Interstate Highways, is allowed the following maximum
22    weights: 20,000 pounds on any single axle; 36,000 pounds
23    on a series of axles greater than 72 inches but not more
24    than 96 inches; and 34,000 pounds on any series of 2 axles
25    greater than 40 inches but not more than 72 inches. The
26    gross weight of this vehicle may not exceed the weights

 

 

HB0397- 9 -LRB102 03971 HEP 13987 b

1    allowed by the bridge formula for 4 axles. The bridge
2    formula does not apply to any series of 3 axles while the
3    vehicle is transporting concrete in the plastic state, but
4    no axle or tandem axle of the series may exceed the maximum
5    weight permitted under this paragraph (9) of subsection
6    (a).
7        (10) Combinations of vehicles, registered as Special
8    Hauling Vehicles that include a semitrailer manufactured
9    prior to or in the model year of 2024, and registered in
10    Illinois prior to January 1, 2025, having 5 axles with a
11    distance of 42 feet or less between extreme axles, may not
12    exceed the following maximum weights: 20,000 pounds on a
13    single axle; 34,000 pounds on a tandem axle; and 72,000
14    pounds gross weight. This combination of vehicles is not
15    subject to the bridge formula. For all those combinations
16    of vehicles that include a semitrailer manufactured after
17    the effective date of P.A. 92-0417, the overall distance
18    between the first and last axles of the 2 sets of tandems
19    must be 18 feet 6 inches or more. Any combination of
20    vehicles that has had its cargo container replaced in its
21    entirety after December 31, 2024 may not exceed the
22    weights allowed by the bridge formula.
23        (11) The maximum weight allowed on a vehicle with
24    crawler type tracks is 40,000 pounds.
25        (12) A combination of vehicles, including a tow truck
26    and a disabled vehicle or disabled combination of

 

 

HB0397- 10 -LRB102 03971 HEP 13987 b

1    vehicles, that exceeds the weight restriction imposed by
2    this Code, may be operated on a public highway in this
3    State provided that neither the disabled vehicle nor any
4    vehicle being towed nor the tow truck itself shall exceed
5    the weight limitations permitted under this Chapter.
6    During the towing operation, neither the tow truck nor the
7    vehicle combination shall exceed 24,000 pounds on a single
8    rear axle and 44,000 pounds on a tandem rear axle,
9    provided the towing vehicle:
10            (i) is specifically designed as a tow truck having
11        a gross vehicle weight rating of at least 18,000
12        pounds and is equipped with air brakes, provided that
13        air brakes are required only if the towing vehicle is
14        towing a vehicle, semitrailer, or tractor-trailer
15        combination that is equipped with air brakes;
16            (ii) is equipped with flashing, rotating, or
17        oscillating amber lights, visible for at least 500
18        feet in all directions;
19            (iii) is capable of utilizing the lighting and
20        braking systems of the disabled vehicle or combination
21        of vehicles; and
22            (iv) does not engage in a tow exceeding 20 miles
23        from the initial point of wreck or disablement. Any
24        additional movement of the vehicles may occur only
25        upon issuance of authorization for that movement under
26        the provisions of Sections 15-301 through 15-318 of

 

 

HB0397- 11 -LRB102 03971 HEP 13987 b

1        this Code. The towing vehicle, however, may tow any
2        disabled vehicle to a point where repairs are actually
3        to occur. This movement shall be valid only on State
4        routes. The tower must abide by posted bridge weight
5        limits.
6        (12.5) The vehicle weight limitations in this Section
7    do not apply to a covered heavy duty tow and recovery
8    vehicle. The covered heavy duty tow and recovery vehicle
9    license plate must cover the operating empty weight of the
10    covered heavy duty tow and recovery vehicle only.
11        (13) Upon and during a declaration of an emergency
12    propane supply disaster by the Governor under Section 7 of
13    the Illinois Emergency Management Agency Act:
14            (i) a truck not in combination, equipped with a
15        cargo tank, used exclusively for the transportation of
16        propane or liquefied petroleum gas may, when laden,
17        transmit upon the road surface, except when on part of
18        the National System of Interstate and Defense
19        Highways, the following maximum weights: 22,000 pounds
20        on a single axle; 40,000 pounds on a tandem axle;
21        40,000 pounds gross weight on a 2-axle vehicle; 54,000
22        pounds gross weight on a 3-axle vehicle; and
23            (ii) a truck when in combination with a trailer
24        equipped with a cargo tank used exclusively for the
25        transportation of propane or liquefied petroleum gas
26        may, when laden, transmit upon the road surface,

 

 

HB0397- 12 -LRB102 03971 HEP 13987 b

1        except when on part of the National System of
2        Interstate and Defense Highways, the following maximum
3        weights: 22,000 pounds on a single axle; 40,000 pounds
4        on a tandem axle; 90,000 pounds gross weight on a
5        5-axle or 6-axle vehicle.
6        Vehicles operating under this paragraph (13) are not
7    subject to the bridge formula.
8        (14) A vehicle or combination of vehicles that uses
9    natural gas or propane gas as a motor fuel may exceed the
10    above weight limitations by up to 2,000 pounds, the total
11    allowance is calculated by an amount that is equal to the
12    difference between the weight of the vehicle attributable
13    to the natural gas or propane gas tank and fueling system
14    carried by the vehicle, and the weight of a comparable
15    diesel tank and fueling system. This paragraph (14) shall
16    not allow a vehicle to exceed any posted weight limit on a
17    highway or structure.
18        (15) An emergency vehicle or fire apparatus that is a
19    vehicle designed to be used under emergency conditions to
20    transport personnel and equipment, and used to support the
21    suppression of fires and mitigation of other hazardous
22    situations on a Class I highway, may not exceed 86,000
23    pounds gross weight, or any of the following weight
24    allowances:
25            (i) 24,000 pounds on a single steering axle;
26            (ii) 33,500 pounds on a single drive axle;

 

 

HB0397- 13 -LRB102 03971 HEP 13987 b

1            (iii) 62,000 pounds on a tandem axle; or
2            (iv) 52,000 pounds on a tandem rear drive steer
3        axle.
4        (16) A bus, motor coach, or recreational vehicle may
5    carry a total weight of 24,000 pounds on a single axle, but
6    may not exceed other weight provisions of this Section.
7    Gross weight limits shall not apply to the combination of
8the tow truck and vehicles being towed. The tow truck license
9plate must cover the operating empty weight of the tow truck
10only. The weight of each vehicle being towed shall be covered
11by a valid license plate issued to the owner or operator of the
12vehicle being towed and displayed on that vehicle. If no valid
13plate issued to the owner or operator of that vehicle is
14displayed on that vehicle, or the plate displayed on that
15vehicle does not cover the weight of the vehicle, the weight of
16the vehicle shall be covered by the third tow truck plate
17issued to the owner or operator of the tow truck and
18temporarily affixed to the vehicle being towed. If a roll-back
19carrier is registered and being used as a tow truck, however,
20the license plate or plates for the tow truck must cover the
21gross vehicle weight, including any load carried on the bed of
22the roll-back carrier.
23    The Department may by rule or regulation prescribe
24additional requirements. However, nothing in this Code shall
25prohibit a tow truck under instructions of a police officer
26from legally clearing a disabled vehicle, that may be in

 

 

HB0397- 14 -LRB102 03971 HEP 13987 b

1violation of weight limitations of this Chapter, from the
2roadway to the berm or shoulder of the highway. If in the
3opinion of the police officer that location is unsafe, the
4officer is authorized to have the disabled vehicle towed to
5the nearest place of safety.
6    For the purpose of this subsection, gross vehicle weight
7rating, or GVWR, means the value specified by the manufacturer
8as the loaded weight of the tow truck.
9    (b) As used in this Section, "recycling haul" or
10"recycling operation" means the hauling of non-hazardous,
11non-special, non-putrescible materials, such as paper, glass,
12cans, or plastic, for subsequent use in the secondary
13materials market.
14    (c) No vehicle or combination of vehicles equipped with
15pneumatic tires shall be operated, unladen or with load, upon
16the highways of this State in violation of the provisions of
17any permit issued under the provisions of Sections 15-301
18through 15-318 of this Chapter.
19    (d) No vehicle or combination of vehicles equipped with
20other than pneumatic tires may be operated, unladen or with
21load, upon the highways of this State when the gross weight on
22the road surface through any wheel exceeds 800 pounds per inch
23width of tire tread or when the gross weight on the road
24surface through any axle exceeds 16,000 pounds.
25    (e) No person shall operate a vehicle or combination of
26vehicles over a bridge or other elevated structure

 

 

HB0397- 15 -LRB102 03971 HEP 13987 b

1constituting part of a highway with a gross weight that is
2greater than the maximum weight permitted by the Department,
3when the structure is sign posted as provided in this Section.
4    (f) The Department upon request from any local authority
5shall, or upon its own initiative may, conduct an
6investigation of any bridge or other elevated structure
7constituting a part of a highway, and if it finds that the
8structure cannot with safety to itself withstand the weight of
9vehicles otherwise permissible under this Code the Department
10shall determine and declare the maximum weight of vehicles
11that the structures can withstand, and shall cause or permit
12suitable signs stating maximum weight to be erected and
13maintained before each end of the structure. No person shall
14operate a vehicle or combination of vehicles over any
15structure with a gross weight that is greater than the posted
16maximum weight.
17    (g) Upon the trial of any person charged with a violation
18of subsection (e) or (f) of this Section, proof of the
19determination of the maximum allowable weight by the
20Department and the existence of the signs, constitutes
21conclusive evidence of the maximum weight that can be
22maintained with safety to the bridge or structure.
23(Source: P.A. 99-78, eff. 7-20-15; 99-717, eff. 8-5-16;
24100-366, eff. 1-1-18; 100-728, eff. 1-1-19.)
 
25    (625 ILCS 5/15-301)  (from Ch. 95 1/2, par. 15-301)

 

 

HB0397- 16 -LRB102 03971 HEP 13987 b

1    Sec. 15-301. Permits for excess size and weight.
2    (a) The Department, with respect to State and local
3highways, under its jurisdiction and local authorities with
4respect to highways under their jurisdiction may, in its their
5discretion, upon application and good cause being shown
6therefor, issue a special permit authorizing the applicant to
7operate or move a vehicle or combination of vehicles of a size
8or weight of vehicle or load exceeding the maximum specified
9in this Code or otherwise not in conformity with this Code upon
10any State or local highway under the jurisdiction of the party
11granting such permit and for the maintenance of which the
12party is responsible. Applications and permits other than
13those in written or printed form may only be accepted from and
14issued to the company or individual making the movement.
15Except for an application to move directly across a highway,
16it shall be the duty of the applicant to establish in the
17application that the load to be moved by such vehicle or
18combination cannot reasonably be dismantled or disassembled,
19the reasonableness of which shall be determined by the
20Secretary of the Department. For the purpose of over length
21movements, more than one object may be carried side by side as
22long as the height, width, and weight laws are not exceeded and
23the cause for the over length is not due to multiple objects.
24For the purpose of over height movements, more than one object
25may be carried as long as the cause for the over height is not
26due to multiple objects and the length, width, and weight laws

 

 

HB0397- 17 -LRB102 03971 HEP 13987 b

1are not exceeded. For the purpose of an over width movement,
2more than one object may be carried as long as the cause for
3the over width is not due to multiple objects and length,
4height, and weight laws are not exceeded. Except for
5transporting fluid milk products, the Department no State or
6local agency shall not authorize the issuance of excess size
7or weight permits for vehicles and loads that are divisible
8and that can be carried, when divided, within the existing
9size or weight maximums specified in this Chapter. Any excess
10size or weight permit issued in violation of the provisions of
11this Section shall be void at issue and any movement made
12thereunder shall not be authorized under the terms of the void
13permit. In any prosecution for a violation of this Chapter
14when the authorization of an excess size or weight permit is at
15issue, it is the burden of the defendant to establish that the
16permit was valid because the load to be moved could not
17reasonably be dismantled or disassembled, or was otherwise
18nondivisible.
19    (a-1) As used in this Section, "extreme heavy duty tow and
20recovery vehicle" means a tow truck manufactured as a unit
21having a lifting capacity of not less than 50 tons, and having
22either 4 axles and an unladen weight of not more than 80,000
23pounds or 5 axles and an unladen weight not more than 90,000
24pounds. Notwithstanding otherwise applicable gross and axle
25weight limits, an extreme heavy duty tow and recovery vehicle
26may lawfully travel to and from the scene of a disablement and

 

 

HB0397- 18 -LRB102 03971 HEP 13987 b

1clear a disabled vehicle if the towing service has obtained an
2extreme heavy duty tow and recovery permit for the vehicle.
3The form and content of the permit shall be determined by the
4Department with respect to highways under its jurisdiction and
5by local authorities with respect to highways under their
6jurisdiction.
7    (b) The application for any such permit shall: (1) state
8whether such permit is requested for a single trip or for
9limited continuous operation; (2) state if the applicant is an
10authorized carrier under the Illinois Motor Carrier of
11Property Law, if so, his certificate, registration, or permit
12number issued by the Illinois Commerce Commission; (3)
13specifically describe and identify the vehicle or vehicles and
14load to be operated or moved; (4) state the routing requested,
15including the points of origin and destination, and may
16identify and include a request for routing to the nearest
17certified scale in accordance with the Department's rules and
18regulations, provided the applicant has approval to travel on
19local roads; and (5) state if the vehicles or loads are being
20transported for hire. No permits for the movement of a vehicle
21or load for hire shall be issued to any applicant who is
22required under the Illinois Motor Carrier of Property Law to
23have a certificate, registration, or permit and does not have
24such certificate, registration, or permit.
25    (c) The Department, or local authority when not
26inconsistent with traffic safety, is authorized to issue or

 

 

HB0397- 19 -LRB102 03971 HEP 13987 b

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

 

 

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1be charged for the issuance of such permits.
2    (e) As an exception to subsection (a) of this Section, the
3Department and local authorities, with respect to State and
4local highways under their respective jurisdictions, in its
5their discretion and upon application in writing, may issue a
6special permit for limited continuous operation, authorizing
7the applicant to move loads of agricultural commodities on a
82-axle single vehicle registered by the Secretary of State
9with axle loads not to exceed 35%, on a 3-axle or 4-axle
10vehicle registered by the Secretary of State with axle loads
11not to exceed 20%, and on a 5-axle vehicle registered by the
12Secretary of State not to exceed 10% above those provided in
13Section 15-111. The total gross weight of the vehicle,
14however, may not exceed the maximum gross weight of the
15registration class of the vehicle allowed under Section 3-815
16or 3-818 of this Code.
17    As used in this Section, "agricultural commodities" means:
18        (1) cultivated plants or agricultural produce grown,
19    including, but not limited to, corn, soybeans, wheat,
20    oats, grain sorghum, canola, and rice;
21        (2) livestock, including, but not limited to, hogs,
22    equine, sheep, and poultry;
23        (3) ensilage; and
24        (4) fruits and vegetables.
25    Permits may be issued for a period not to exceed 40 days
26and moves may be made of a distance not to exceed 50 miles from

 

 

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1a field, an on-farm grain storage facility, a warehouse as
2defined in the Grain Code, or a livestock management facility
3as defined in the Livestock Management Facilities Act over any
4highway except the National System of Interstate and Defense
5Highways. The operator of the vehicle, however, must abide by
6posted bridge and posted highway weight limits. All implements
7of husbandry operating under this Section between sunset and
8sunrise shall be equipped as prescribed in Section 12-205.1.
9    (e-1) A special permit shall be issued by the Department
10under this Section and shall be required from September 1
11through December 31 for a vehicle that exceeds the maximum
12axle weight and gross weight limits under Section 15-111 of
13this Code or exceeds the vehicle's registered gross weight,
14provided that the vehicle's axle weight and gross weight do
15not exceed 10% above the maximum limits under Section 15-111
16of this Code and does not exceed the vehicle's registered
17gross weight by 10%. All other restrictions that apply to
18permits issued under this Section shall apply during the
19declared time period and no fee shall be charged for the
20issuance of those permits. Permits issued by the Department
21under this subsection (e-1) are only valid on federal, and
22State, and local highways under the jurisdiction of the
23Department, except interstate highways. With respect to
24highways under the jurisdiction of local authorities, the
25local authorities may, at their discretion, waive special
26permit requirements and set a divisible load weight limit not

 

 

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1to exceed 10% above a vehicle's registered gross weight,
2provided that the vehicle's axle weight and gross weight do
3not exceed 10% above the maximum limits specified in Section
415-111. Permits issued under this subsection (e-1) shall apply
5to all registered vehicles eligible to obtain permits under
6this Section, including vehicles used in private or for-hire
7movement of divisible load agricultural commodities during the
8declared time period.
9    (f) The form and content of the permit shall be determined
10by the Department with respect to State and local highways
11under its jurisdiction and by local authorities with respect
12to highways under their jurisdiction. Every permit shall be in
13written form and carried in the vehicle or combination of
14vehicles to which it refers and shall be open to inspection by
15any police officer or authorized agent of any authority
16granting the permit and no person shall violate any of the
17terms or conditions of such special permit. Violation of the
18terms and conditions of the permit shall not be deemed a
19revocation of the permit; however, any vehicle and load found
20to be off the route prescribed in the permit shall be held to
21be operating without a permit. Any off-route vehicle and load
22shall be required to obtain a new permit or permits, as
23necessary, to authorize the movement back onto the original
24permit routing. No rule or regulation, nor anything herein,
25shall be construed to authorize any police officer, court, or
26authorized agent of any authority granting the permit to

 

 

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1remove the permit from the possession of the permittee unless
2the permittee is charged with a fraudulent permit violation as
3provided in subsection (i). However, upon arrest for an
4offense of violation of permit, operating without a permit
5when the vehicle is off route, or any size or weight offense
6under this Chapter when the permittee plans to raise the
7issuance of the permit as a defense, the permittee, or his
8agent, must produce the permit at any court hearing concerning
9the alleged offense.
10    If the permit designates and includes a routing to a
11certified scale, the permittee, while en route to the
12designated scale, shall be deemed in compliance with the
13weight provisions of the permit provided the axle or gross
14weights do not exceed any of the permitted limits by more than
15the following amounts:
16        Single axle               2000 pounds
17        Tandem axle               3000 pounds
18        Gross                     5000 pounds
19    (g) The Department is authorized to adopt, amend, and make
20available to interested persons a policy concerning reasonable
21rules, limitations and conditions or provisions of operation
22upon highways under its jurisdiction in addition to those
23contained in this Section for the movement by special permit
24of vehicles, combinations, or loads which cannot reasonably be
25dismantled or disassembled, including manufactured and modular
26home sections and portions thereof. All rules, limitations and

 

 

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

 

 

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

 

 

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1such vehicle, is guilty of such violation and either, but not
2both, persons may be prosecuted for such violation as stated
3in this subsection (j). Any person, firm, or corporation
4convicted of such violation shall be guilty of a petty offense
5and shall be fined, for the first offense, not less than $50
6nor more than $200 and, for the second offense by the same
7person, firm, or corporation within a period of one year, not
8less than $200 nor more than $300 and, for the third offense by
9the same person, firm, or corporation within a period of one
10year after the date of the first offense, not less than $300
11nor more than $500 and the Department may, in its discretion,
12not issue permits to the person, firm, or corporation
13convicted of a third offense during a period of one year after
14the date of conviction or supervision for such third offense.
15If any violation is the cause or contributing cause in a motor
16vehicle accident causing damage to property, injury, or death
17to a person, the Department may, in its discretion, not issue a
18permit to the person, firm, or corporation for a period of one
19year after the date of conviction or supervision for the
20offense.
21    (k) Whenever any vehicle is operated on local roads under
22permits for excess width or length issued by local
23authorities, such vehicle may be moved upon a State highway
24for a distance not to exceed one-half mile without a permit for
25the purpose of crossing the State highway.
26    (l) Notwithstanding any other provision of this Section,

 

 

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1the Department, with respect to State and local highways under
2its jurisdiction, and local authorities, with respect to
3highways under their jurisdiction, may at its their discretion
4authorize the movement of a vehicle in violation of any size or
5weight requirement, or both, that would not ordinarily be
6eligible for a permit, when there is a showing of extreme
7necessity that the vehicle and load should be moved without
8unnecessary delay.
9    For the purpose of this subsection, showing of extreme
10necessity shall be limited to the following: shipments of
11livestock, hazardous materials, liquid concrete being hauled
12in a mobile cement mixer, or hot asphalt.
13    (m) Penalties for violations of this Section shall be in
14addition to any penalties imposed for violating any other
15Section of this Code.
16    (n) The Department with respect to State and local
17highways under its jurisdiction and local authorities with
18respect to highways under their jurisdiction, in its their
19discretion and upon application in writing, may issue a
20special permit for continuous limited operation, authorizing
21the applicant to operate a tow truck that exceeds the weight
22limits provided for in subsection (a) of Section 15-111,
23provided:
24        (1) no rear single axle of the tow truck exceeds
25    26,000 pounds;
26        (2) no rear tandem axle of the tow truck exceeds

 

 

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1    50,000 pounds;
2        (2.1) no triple rear axle on a manufactured recovery
3    unit exceeds 60,000 pounds;
4        (3) neither the disabled vehicle nor the disabled
5    combination of vehicles exceed the weight restrictions
6    imposed by this Chapter 15, or the weight limits imposed
7    under a permit issued by the Department prior to hookup;
8        (4) the tow truck prior to hookup does not exceed the
9    weight restrictions imposed by this Chapter 15;
10        (5) during the tow operation the tow truck does not
11    violate any weight restriction sign;
12        (6) the tow truck is equipped with flashing, rotating,
13    or oscillating amber lights, visible for at least 500 feet
14    in all directions;
15        (7) the tow truck is specifically designed and
16    licensed as a tow truck;
17        (8) the tow truck has a gross vehicle weight rating of
18    sufficient capacity to safely handle the load;
19        (9) the tow truck is equipped with air brakes;
20        (10) the tow truck is capable of utilizing the
21    lighting and braking systems of the disabled vehicle or
22    combination of vehicles;
23        (11) the tow commences at the initial point of wreck
24    or disablement and terminates at a point where the repairs
25    are actually to occur;
26        (12) the permit issued to the tow truck is carried in

 

 

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1    the tow truck and exhibited on demand by a police officer;
2    and
3        (13) the movement shall be valid only on State routes
4    approved by the Department.
5    (o) (Blank).
6    (p) In determining whether a load may be reasonably
7dismantled or disassembled for the purpose of subsection (a),
8the Department shall consider whether there is a significant
9negative impact on the condition of the pavement and
10structures along the proposed route, whether the load or
11vehicle as proposed causes a safety hazard to the traveling
12public, whether dismantling or disassembling the load promotes
13or stifles economic development, and whether the proposed
14route travels less than 5 miles. A load is not required to be
15dismantled or disassembled for the purposes of subsection (a)
16if the Secretary of the Department determines there will be no
17significant negative impact to pavement or structures along
18the proposed route, the proposed load or vehicle causes no
19safety hazard to the traveling public, dismantling or
20disassembling the load does not promote economic development,
21and the proposed route travels less than 5 miles. The
22Department may promulgate rules for the purpose of
23establishing the divisibility of a load pursuant to subsection
24(a). Any load determined by the Secretary to be nondivisible
25shall otherwise comply with the existing size or weight
26maximums specified in this Chapter.

 

 

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1(Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19;
2100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff.
31-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20.)
 
4    Section 99. Effective date. This Act takes effect January
51, 2026.