093_SB2118

                                     LRB093 14233 DRH 19758 b

 1        AN ACT concerning vehicles.

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

 4        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 5    changing  Section  15-301  and  by adding Section 15-308.3 as
 6    follows:

 7        (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
 8        Sec. 15-301.  Permits for excess size and weight.
 9        (a)  The Department with respect to  highways  under  its
10    jurisdiction  and  local authorities with respect to highways
11    under their  jurisdiction  may,  in  their  discretion,  upon
12    application  and  good  cause  being  shown therefor, issue a
13    special permit authorizing the applicant to operate or move a
14    vehicle or combination of vehicles of a  size  or  weight  of
15    vehicle  or  load exceeding the maximum specified in this Act
16    or otherwise not in conformity with this Act upon any highway
17    under the jurisdiction of the party granting such permit  and
18    for  the  maintenance  of  which  the  party  is responsible.
19    Applications and permits  other  than  those  in  written  or
20    printed  form  may  only  be  accepted from and issued to the
21    company or individual making  the  movement.  Except  for  an
22    application  to  move  directly across a highway, it shall be
23    the duty of the applicant to  establish  in  the  application
24    that  the  load to be moved by such vehicle or combination is
25    composed  of  a  single  nondivisible  object   that   cannot
26    reasonably be dismantled or disassembled.  For the purpose of
27    over  length  movements,  more than one object may be carried
28    side by side as long as the height, width,  and  weight  laws
29    are not exceeded and the cause for the over length is not due
30    to   multiple   objects.  For  the  purpose  of  over  height
31    movements, more than one object may be carried as long as the
 
                            -2-      LRB093 14233 DRH 19758 b
 1    cause for the over height is not due to multiple objects  and
 2    the length, width, and weight laws are not exceeded.  For the
 3    purpose  of  an over width movement, more than one object may
 4    be carried as long as the cause for the over width is not due
 5    to multiple objects and length, height, and weight  laws  are
 6    not  exceeded.   No state or local agency shall authorize the
 7    issuance of excess size or weight permits  for  vehicles  and
 8    loads  that  are  divisible  and  that  can  be carried, when
 9    divided,  within  the  existing  size  or   weight   maximums
10    specified  in this Chapter.  Any excess size or weight permit
11    issued in violation of the provisions of this  Section  shall
12    be  void  at issue and any movement made thereunder shall not
13    be authorized under the terms of the  void  permit.   In  any
14    prosecution   for  a  violation  of  this  Chapter  when  the
15    authorization of an excess size or weight permit is at issue,
16    it is the burden of  the  defendant  to  establish  that  the
17    permit  was  valid  because  the  load  to be moved could not
18    reasonably be dismantled or disassembled,  or  was  otherwise
19    nondivisible.
20        (b)  The application for any such permit shall: (1) state
21    whether  such  permit  is  requested for a single trip or for
22    limited continuous operation; (2) state if the  applicant  is
23    an  authorized  carrier  under  the Illinois Motor Carrier of
24    Property Law, if so, his certificate, registration or  permit
25    number  issued  by  the  Illinois  Commerce  Commission;  (3)
26    specifically  describe  and  identify the vehicle or vehicles
27    and load to be operated or moved except that for vehicles  or
28    vehicle combinations registered by the Department as provided
29    in   Section  15-319  of  this  Chapter,  only  the  Illinois
30    Department of Transportation's (IDT) registration  number  or
31    classification need be given; (4) state the routing requested
32    including  the  points  of  origin  and  destination, and may
33    identify and include a request for  routing  to  the  nearest
34    certified scale in accordance with the Department's rules and
 
                            -3-      LRB093 14233 DRH 19758 b
 1    regulations, provided the applicant has approval to travel on
 2    local roads; and (5) state if the vehicles or loads are being
 3    transported  for  hire.  No  permits  for  the  movement of a
 4    vehicle or load for hire shall be issued to any applicant who
 5    is required under the Illinois Motor Carrier of Property  Law
 6    to  have  a  certificate, registration or permit and does not
 7    have such certificate, registration or permit.
 8        (c)  The  Department  or   local   authority   when   not
 9    inconsistent  with  traffic  safety is authorized to issue or
10    withhold such permit at its discretion; or, if such permit is
11    issued at its discretion to prescribe the route or routes  to
12    be  traveled,  to  limit  the  number  of trips, to establish
13    seasonal or other time limitations within which the  vehicles
14    described  may  be  operated  on  the  highways indicated, or
15    otherwise to limit or prescribe conditions of  operations  of
16    such  vehicle  or  vehicles, when necessary to assure against
17    undue damage to the road foundations, surfaces or structures,
18    and may require such undertaking or other security as may  be
19    deemed  necessary to compensate for any injury to any roadway
20    or road structure. The  Department  shall  maintain  a  daily
21    record  of  each  permit  issued  along  with the fee and the
22    stipulated dimensions, weights, conditions  and  restrictions
23    authorized  and  this record shall be presumed correct in any
24    case of questions or dispute. The Department shall install an
25    automatic device  for  recording  applications  received  and
26    permits   issued  by  telephone.  In  making  application  by
27    telephone, the Department and applicant waive all  objections
28    to the recording of the conversation.
29        (d)  The  Department  shall,  upon application in writing
30    from any local authority, issue an annual permit  authorizing
31    the  local  authority  to move oversize highway construction,
32    transportation, utility and maintenance equipment over  roads
33    under the jurisdiction of the Department. The permit shall be
34    applicable  only  to  equipment  and  vehicles  owned  by  or
 
                            -4-      LRB093 14233 DRH 19758 b
 1    registered  in  the  name  of the local authority, and no fee
 2    shall be charged for the issuance of such permits.
 3        (e)  As an exception to paragraph (a)  of  this  Section,
 4    the   Department  and  local  authorities,  with  respect  to
 5    highways  under  their  respective  jurisdictions,  in  their
 6    discretion and  upon  application  in  writing  may  issue  a
 7    special  permit for limited continuous operation, authorizing
 8    the applicant to move loads of sweet  corn,  soybeans,  corn,
 9    wheat,  milo,  other  small  grains  and  ensilage during the
10    harvest season only on a 2 axle single vehicle registered  by
11    the  Secretary  of  State  with  axle loads not to exceed 35%
12    above those provided in Section 15-111. Permits may be issued
13    for a period not to exceed 40 days and moves may be made of a
14    distance not to exceed 25 miles from a field to  a  specified
15    processing  plant over any highway except the National System
16    of Interstate and Defense Highways. All such  vehicles  shall
17    be  operated  in  the  daytime  except  when  weather or crop
18    conditions require emergency operation  at  night,  but  with
19    respect to such night operation, every such vehicle with load
20    shall  be  equipped  with  flashing amber lights as specified
21    under Section 12-215. Upon a declaration by the Governor that
22    an emergency  harvest  situation  exists,  a  special  permit
23    issued  by  the  Department  under  this Section shall not be
24    required from September 1 through December 31 during  harvest
25    season  emergencies, provided that the weight does not exceed
26    20% above the limits provided in Section 15-111.   All  other
27    restrictions  that apply to permits issued under this Section
28    shall apply during the declared time period.  With respect to
29    highways under the jurisdiction  of  local  authorities,  the
30    local  authorities  may,  at  their discretion, waive special
31    permit requirements during harvest season emergencies.   This
32    permit  exemption  shall  apply  to  all vehicles eligible to
33    obtain  permits  under  this  Section,  including  commercial
34    vehicles in use during the declared time period.
 
                            -5-      LRB093 14233 DRH 19758 b
 1        (f)  The  form  and  content  of  the  permit  shall   be
 2    determined  by  the Department with respect to highways under
 3    its jurisdiction and by local  authorities  with  respect  to
 4    highways  under  their jurisdiction. Every permit shall be in
 5    written form and carried in the  vehicle  or  combination  of
 6    vehicles  to  which it refers and shall be open to inspection
 7    by any police officer or authorized agent  of  any  authority
 8    granting  the  permit  and no person shall violate any of the
 9    terms or conditions of such special permit. Violation of  the
10    terms  and  conditions  of  the  permit shall not be deemed a
11    revocation of the permit; however, any vehicle and load found
12    to be off the route prescribed in the permit shall be held to
13    be operating without a permit.  Any  off  route  vehicle  and
14    load  shall be required to obtain a new permit or permits, as
15    necessary, to authorize the movement back onto  the  original
16    permit  routing.  No  rule or regulation, nor anything herein
17    shall be construed to authorize any police officer, court, or
18    authorized agent of any  authority  granting  the  permit  to
19    remove the permit from the possession of the permittee unless
20    the  permittee  is charged with a fraudulent permit violation
21    as provided in paragraph (i). However,  upon  arrest  for  an
22    offense  of  violation  of permit, operating without a permit
23    when the vehicle is off route, or any size or weight  offense
24    under  this  Chapter  when  the  permittee plans to raise the
25    issuance of the permit as a defense, the  permittee,  or  his
26    agent,   must   produce  the  permit  at  any  court  hearing
27    concerning the alleged offense.
28        If the permit designates and  includes  a  routing  to  a
29    certified   scale,   the   permitee,  while  enroute  to  the
30    designated scale, shall be  deemed  in  compliance  with  the
31    weight  provisions  of  the permit provided the axle or gross
32    weights do not exceed any of the  permitted  limits  by  more
33    than the following amounts:
34             Single axle               2000 pounds
 
                            -6-      LRB093 14233 DRH 19758 b
 1             Tandem axle               3000 pounds
 2             Gross                     5000 pounds
 3        (g)  The Department is authorized to adopt, amend, and to
 4    make  available  to  interested  persons  a policy concerning
 5    reasonable rules, limitations and conditions or provisions of
 6    operation upon highways under its jurisdiction in addition to
 7    those contained in this Section for the movement  by  special
 8    permit  of  vehicles,  combinations,  or  loads  which cannot
 9    reasonably   be   dismantled   or   disassembled,   including
10    manufactured and modular home sections and portions  thereof.
11    All  rules,  limitations and conditions or provisions adopted
12    in the policy shall have due regard for  the  safety  of  the
13    traveling public and the protection of the highway system and
14    shall have been promulgated in conformity with the provisions
15    of   the   Illinois   Administrative   Procedure   Act.   The
16    requirements  of  the  policy for flagmen and escort vehicles
17    shall be the same  for  all  moves  of  comparable  size  and
18    weight.  When  escort  vehicles are required, they shall meet
19    the following requirements:
20             (1)  All operators shall be 18 years of age or  over
21        and properly licensed to operate the vehicle.
22             (2)  Vehicles  escorting  oversized  loads more than
23        12-feet wide must be equipped with a rotating or flashing
24        amber light mounted on top  as  specified  under  Section
25        12-215.
26        The  Department  shall  establish  reasonable  rules  and
27    regulations  regarding  liability insurance or self insurance
28    for vehicles  with  oversized  loads  promulgated  under  The
29    Illinois Administrative Procedure Act. Police vehicles may be
30    required  for escort under circumstances as required by rules
31    and regulations of the Department.
32        (h)  Violation of any rule, limitation  or  condition  or
33    provision  of  any  permit  issued  in  accordance  with  the
34    provisions of this Section shall not render the entire permit
 
                            -7-      LRB093 14233 DRH 19758 b
 1    null  and  void  but  the  violator shall be deemed guilty of
 2    violation of permit and guilty of exceeding any size,  weight
 3    or  load  limitations  in  excess  of those authorized by the
 4    permit. The prescribed route or routes on the permit are  not
 5    mere  rules,  limitations,  conditions,  or provisions of the
 6    permit, but are also the sole  extent  of  the  authorization
 7    granted by the permit.  If a vehicle and load are found to be
 8    off  the route or routes prescribed by any permit authorizing
 9    movement, the  vehicle  and  load  are  operating  without  a
10    permit.   Any off route movement shall be subject to the size
11    and weight maximums, under the applicable provisions of  this
12    Chapter,  as  determined  by  the  type or class highway upon
13    which the vehicle and load are being operated.
14        (i)  Whenever any vehicle is operated  or  movement  made
15    under  a  fraudulent permit the permit shall be void, and the
16    person, firm, or corporation to whom such permit was granted,
17    the driver of such vehicle in  addition  to  the  person  who
18    issued  such  permit  and  any  accessory, shall be guilty of
19    fraud and either one or all persons  may  be  prosecuted  for
20    such  violation.  Any person, firm, or corporation committing
21    such violation shall be guilty of a Class 4  felony  and  the
22    Department  shall  not  issue  permits to the person, firm or
23    corporation convicted of such violation for a period  of  one
24    year  after  the date of conviction. Penalties for violations
25    of this Section shall be in addition to any penalties imposed
26    for violation of other Sections of this Act.
27        (j)  Whenever any vehicle is operated or movement made in
28    violation of a permit issued in accordance with this Section,
29    the person to whom such permit was granted, or the driver  of
30    such vehicle, is guilty of such violation and either, but not
31    both,  persons may be prosecuted for such violation as stated
32    in this subsection  (j).  Any  person,  firm  or  corporation
33    convicted  of  such  violation  shall  be  guilty  of a petty
34    offense and shall be fined for the first  offense,  not  less
 
                            -8-      LRB093 14233 DRH 19758 b
 1    than  $50  nor  more than $200 and, for the second offense by
 2    the same person, firm or corporation within a period  of  one
 3    year,  not  less  than  $200  nor more than $300 and, for the
 4    third offense by the same person, firm or corporation  within
 5    a period of one year after the date of the first offense, not
 6    less  than  $300  nor more than $500 and the Department shall
 7    not  issue  permits  to  the  person,  firm  or   corporation
 8    convicted  of  a  third  offense  during a period of one year
 9    after the date of conviction for such third offense.
10        (k)  Whenever any vehicle  is  operated  on  local  roads
11    under  permits  for  excess  width  or length issued by local
12    authorities, such vehicle may be moved upon a  State  highway
13    for  a  distance not to exceed one-half mile without a permit
14    for the purpose of crossing the State highway.
15        (l)  Notwithstanding any other provision of this Section,
16    the  Department,  with  respect   to   highways   under   its
17    jurisdiction, and local authorities, with respect to highways
18    under  their  jurisdiction, may at their discretion authorize
19    the movement of a vehicle in violation of any size or  weight
20    requirement,  or  both, that would not ordinarily be eligible
21    for a permit, when there is a showing  of  extreme  necessity
22    that the vehicle and load should be moved without unnecessary
23    delay.
24        For  the  purpose  of this subsection, showing of extreme
25    necessity shall be limited to the  following:   shipments  of
26    livestock,  hazardous materials, liquid concrete being hauled
27    in a mobile cement mixer, or hot asphalt.
28        (m)  Penalties for violations of this Section shall be in
29    addition to any penalties imposed  for  violating  any  other
30    Section of this Code.
31        (n)  The  Department  with  respect to highways under its
32    jurisdiction and local authorities with respect  to  highways
33    under  their  jurisdiction,  in  their  discretion  and  upon
34    application  in  writing,  may  issue  a  special  permit for
 
                            -9-      LRB093 14233 DRH 19758 b
 1    continuous limited operation, authorizing  the  applicant  to
 2    operate  a  tow-truck that exceeds the weight limits provided
 3    for in subsection (d) of Section 15-111, provided:
 4             (1)  no rear single axle of  the  tow-truck  exceeds
 5        26,000 pounds;
 6             (2)  no  rear  tandem  axle of the tow-truck exceeds
 7        50,000 pounds;
 8             (3)  neither the disabled vehicle nor  the  disabled
 9        combination  of  vehicles  exceed the weight restrictions
10        imposed by this Chapter 15, or the weight limits  imposed
11        under a permit issued by the Department prior to hookup;
12             (4)  the  tow-truck  prior to hookup does not exceed
13        the weight restrictions imposed by this Chapter 15;
14             (5)  during the tow operation the tow-truck does not
15        violate any weight restriction sign;
16             (6)  the  tow-truck  is  equipped   with   flashing,
17        rotating,  or  oscillating  amber  lights, visible for at
18        least 500 feet in all directions;
19             (7)  the  tow-truck  is  specifically  designed  and
20        licensed as a tow-truck;
21             (8)  the tow-truck has a gross vehicle weight rating
22        of  sufficient capacity to safely handle the load;
23             (9)  the tow-truck is equipped with air brakes;
24             (10)  the tow-truck  is  capable  of  utilizing  the
25        lighting  and  braking systems of the disabled vehicle or
26        combination of vehicles;
27             (11)  the tow distance of the tow does not exceed 50
28        miles from the point of disablement to a place of  repair
29        or safekeeping;
30             (12)  the  permit issued to the tow-truck is carried
31        in the tow-truck and exhibited  on  demand  by  a  police
32        officer; and
33             (13)  the  movement  shall  be  valid  only on state
34        routes approved by the Department.
 
                            -10-     LRB093 14233 DRH 19758 b
 1        (o)  The Department, with respect to highways  under  its
 2    jurisdiction, and local authorities, with respect to highways
 3    under  their  jurisdiction,  in  their  discretion  and  upon
 4    application  in  writing,  may  issue  a  special  permit for
 5    continuous limited operation, authorizing  the  applicant  to
 6    transport  raw  milk  that exceeds the weight limits provided
 7    for in subsections (b) and (f) subsection of  Section  15-111
 8    of this Code, provided:
 9             (1)  no single axle exceeds 20,000 pounds;
10             (2)  no gross weight exceeds 80,000 pounds;
11             (3)  permits  issued  by the state are only good for
12        federal and State highways  and  are  not  applicable  to
13        interstate highways; and
14             (4)  all road and bridge postings must be obeyed.
15    (Source:  P.A.  90-89,  eff.  1-1-98;  90-228,  eff. 7-25-97;
16    90-655, eff. 7-30-98;  90-676,  eff.  7-31-98;  91-569,  eff.
17    1-1-00.)

18        (625 ILCS 5/15-308.3 new)
19        Sec.  15-308.3  Fees for special permits to transport raw
20    milk. The fee for a special permit to transport raw  milk  is
21    $12.50 quarterly and $50.00 annually.

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