Full Text of SB1291 95th General Assembly
SB1291 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB1291
Introduced 2/9/2007, by Sen. John J. Cullerton SYNOPSIS AS INTRODUCED: |
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30 ILCS 105/5.675 new |
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35 ILCS 505/2 |
from Ch. 120, par. 418 |
35 ILCS 505/8 |
from Ch. 120, par. 424 |
35 ILCS 505/8b new |
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605 ILCS 5/6-901 |
from Ch. 121, par. 6-901 |
625 ILCS 5/15-109.1 |
from Ch. 95 1/2, par. 15-109.1 |
625 ILCS 5/15-111 |
from Ch. 95 1/2, par. 15-111 |
625 ILCS 5/15-112 |
from Ch. 95 1/2, par. 15-112 |
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Amends the Motor Fuel Tax Law. Imposes an additional tax of $0.06 cents per gallon on all motor fuel used in motor vehicles operating on the public highways, recreational type watercraft operating upon the waters, special fuel, and diesel fuel sold in this State. Provides that the proceeds of this tax must be deposited into the 8,000# Road Improvement Fund and distributed to municipalities, counties, and township road districts in the State for the purpose of improving roads and streets and of repairing damage to roads and streets caused by increased weight limits under the Illinois Vehicle Code. Amends the State Finance Act to create the 8,000# Road Improvement Fund. Amends the Illinois Highway Code. Increases, from $15,000,000 to $30,000,000, the amount appropriated for counties for the use of road districts for the
construction of bridges 20 feet or more in length. Amends the Illinois Vehicle Code to increase various weight limits. Effective immediately.
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CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
FISCAL NOTE ACT MAY APPLY |
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A BILL FOR
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SB1291 |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 3. The State Finance Act is amended by adding | 5 |
| Section 5.675 as follows: | 6 |
| (30 ILCS 105/5.675 new) | 7 |
| Sec. 5.675. The 8,000# Road Improvement Fund. | 8 |
| Section 5. The Motor Fuel Tax Law is amended by changing | 9 |
| Sections 2 and 8 and by adding Section 8b as follows:
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| (35 ILCS 505/2) (from Ch. 120, par. 418)
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| Sec. 2. A tax is imposed on the privilege of operating | 12 |
| motor vehicles
upon the public highways and recreational-type | 13 |
| watercraft upon the waters
of this State.
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| (a) Prior to August 1, 1989, the tax is imposed at the rate | 15 |
| of 13 cents
per gallon on all motor fuel used in motor vehicles | 16 |
| operating on the public
highways and recreational type | 17 |
| watercraft operating upon the waters of this
State. Beginning | 18 |
| on August 1, 1989 and until January 1, 1990, the rate of the
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| tax imposed in this paragraph shall be 16 cents per gallon. | 20 |
| Beginning January
1, 1990, the rate of tax imposed in this | 21 |
| paragraph shall be 19 cents per
gallon.
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| (b) The tax on the privilege of operating motor vehicles | 2 |
| which use diesel
fuel shall be the rate according to paragraph | 3 |
| (a) plus an additional 2 1/2
cents per gallon. "Diesel fuel" is | 4 |
| defined as any product
intended
for use or offered for sale as | 5 |
| a fuel for engines in which the fuel is injected
into the | 6 |
| combustion chamber and ignited by pressure without electric | 7 |
| spark.
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| (c) A tax is imposed upon the privilege of engaging in the | 9 |
| business of
selling motor fuel as a retailer or reseller on all | 10 |
| motor fuel used in motor
vehicles operating on the public | 11 |
| highways and recreational type watercraft
operating upon the | 12 |
| waters of this State: (1) at the rate of 3 cents per gallon
on | 13 |
| motor fuel owned or possessed by such retailer or reseller at | 14 |
| 12:01 a.m. on
August 1, 1989; and (2) at the rate of 3 cents per | 15 |
| gallon on motor fuel owned
or possessed by such retailer or | 16 |
| reseller at 12:01 A.M. on January 1, 1990.
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| Retailers and resellers who are subject to this additional | 18 |
| tax shall be
required to inventory such motor fuel and pay this | 19 |
| additional tax in a
manner prescribed by the Department of | 20 |
| Revenue.
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| The tax imposed in this paragraph (c) shall be in addition | 22 |
| to all other
taxes imposed by the State of Illinois or any unit | 23 |
| of local government in this
State.
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| (d) Except as provided in Section 2a, the collection of a | 25 |
| tax based on
gallonage of gasoline used for the propulsion of | 26 |
| any aircraft is prohibited
on and after October 1, 1979.
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| (e) The collection of a tax, based on gallonage of all | 2 |
| products commonly or
commercially known or sold as 1-K | 3 |
| kerosene, regardless of its classification
or uses, is | 4 |
| prohibited (i) on and after July 1, 1992 until December 31, | 5 |
| 1999,
except when the 1-K kerosene is either: (1) delivered | 6 |
| into bulk storage
facilities of a bulk user, or (2) delivered | 7 |
| directly into the fuel supply tanks
of motor vehicles and (ii) | 8 |
| on and after January 1, 2000. Beginning on January
1, 2000, the | 9 |
| collection of a tax, based on gallonage of all products | 10 |
| commonly
or commercially known or sold as 1-K kerosene, | 11 |
| regardless of its classification
or uses, is prohibited except | 12 |
| when the 1-K kerosene is delivered directly into
a storage tank | 13 |
| that is located at a facility that has withdrawal facilities
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| that are readily accessible to and are capable of dispensing | 15 |
| 1-K kerosene into
the fuel supply tanks of motor vehicles.
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| Any person who sells or uses 1-K kerosene for use in motor | 17 |
| vehicles upon
which the tax imposed by this Law has not been | 18 |
| paid shall be liable for any
tax due on the sales or use of 1-K | 19 |
| kerosene.
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| (f) In addition to the taxes established in the foregoing | 21 |
| subsections, a tax is imposed on the privilege of operating | 22 |
| motor vehicles upon the public highways and operating | 23 |
| recreational type watercraft upon the waters of this State. | 24 |
| Beginning January 1, 2008 the tax imposed by this paragraph is | 25 |
| at the rate of $0.06 cents per gallon on all motor fuel used in | 26 |
| motor vehicles operating on the public highways, recreational |
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| type watercraft operating upon the waters, special fuel as | 2 |
| defined in Section 1.13, and diesel fuel sold in this State. | 3 |
| The purpose of this tax is to improve county, township, and | 4 |
| municipal roads and streets and repair damage to county, | 5 |
| township, and municipal roads and streets caused by increased | 6 |
| weight limits under Section 5-15 of the Illinois Vehicle Code. | 7 |
| (Source: P.A. 93-17, eff. 6-11-03.)
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| (35 ILCS 505/8) (from Ch. 120, par. 424)
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| Sec. 8. Except as provided in Section 8a, Section 8b, | 10 |
| subdivision
(h)(1) of Section 12a, Section 13a.6, and items
13, | 11 |
| 14, 15, and 16 of Section 15, all money received by the | 12 |
| Department under
this Act, including payments made to the | 13 |
| Department by
member jurisdictions participating in the | 14 |
| International Fuel Tax Agreement,
shall be deposited in a | 15 |
| special fund in the State treasury, to be known as the
"Motor | 16 |
| Fuel Tax Fund", and shall be used as follows:
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| (a) 2 1/2 cents per gallon of the tax collected on special | 18 |
| fuel under
paragraph (b) of Section 2 and Section 13a of this | 19 |
| Act shall be transferred
to the State Construction Account Fund | 20 |
| in the State Treasury;
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| (b) $420,000 shall be transferred each month to the State | 22 |
| Boating Act
Fund to be used by the Department of Natural | 23 |
| Resources for the purposes
specified in Article X of the Boat | 24 |
| Registration and Safety Act;
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| (c) $2,250,000 shall be transferred each month to the Grade |
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| Crossing
Protection Fund to be used as follows: not less than | 2 |
| $6,000,000 each fiscal
year shall be used for the construction | 3 |
| or reconstruction of rail highway grade
separation structures; | 4 |
| $2,250,000 in fiscal year 2004 and each fiscal
year
thereafter | 5 |
| shall be transferred to the Transportation
Regulatory Fund and | 6 |
| shall be accounted for as part of the rail carrier
portion of | 7 |
| such funds and shall be used to pay the cost of administration
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| of the Illinois Commerce Commission's railroad safety program | 9 |
| in connection
with its duties under subsection (3) of Section | 10 |
| 18c-7401 of the Illinois
Vehicle Code, with the remainder to be | 11 |
| used by the Department of Transportation
upon order of the | 12 |
| Illinois Commerce Commission, to pay that part of the
cost | 13 |
| apportioned by such Commission to the State to cover the | 14 |
| interest
of the public in the use of highways, roads, streets, | 15 |
| or
pedestrian walkways in the
county highway system, township | 16 |
| and district road system, or municipal
street system as defined | 17 |
| in the Illinois Highway Code, as the same may
from time to time | 18 |
| be amended, for separation of grades, for installation,
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| construction or reconstruction of crossing protection or | 20 |
| reconstruction,
alteration, relocation including construction | 21 |
| or improvement of any
existing highway necessary for access to | 22 |
| property or improvement of any
grade crossing including the | 23 |
| necessary highway approaches thereto of any
railroad across the | 24 |
| highway or public road, or for the installation,
construction, | 25 |
| reconstruction, or maintenance of a pedestrian walkway over or
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| under a railroad right-of-way, as provided for in and in
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| accordance with Section 18c-7401 of the Illinois Vehicle Code.
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| The Commission shall not order more than $2,000,000 per year in | 3 |
| Grade
Crossing Protection Fund moneys for pedestrian walkways.
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| In entering orders for projects for which payments from the | 5 |
| Grade Crossing
Protection Fund will be made, the Commission | 6 |
| shall account for expenditures
authorized by the orders on a | 7 |
| cash rather than an accrual basis. For purposes
of this | 8 |
| requirement an "accrual basis" assumes that the total cost of | 9 |
| the
project is expended in the fiscal year in which the order | 10 |
| is entered, while a
"cash basis" allocates the cost of the | 11 |
| project among fiscal years as
expenditures are actually made. | 12 |
| To meet the requirements of this subsection,
the Illinois | 13 |
| Commerce Commission shall develop annual and 5-year project | 14 |
| plans
of rail crossing capital improvements that will be paid | 15 |
| for with moneys from
the Grade Crossing Protection Fund. The | 16 |
| annual project plan shall identify
projects for the succeeding | 17 |
| fiscal year and the 5-year project plan shall
identify projects | 18 |
| for the 5 directly succeeding fiscal years. The Commission
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| shall submit the annual and 5-year project plans for this Fund | 20 |
| to the Governor,
the President of the Senate, the Senate | 21 |
| Minority Leader, the Speaker of the
House of Representatives, | 22 |
| and the Minority Leader of the House of
Representatives on
the | 23 |
| first Wednesday in April of each year;
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| (d) of the amount remaining after allocations provided for | 25 |
| in
subsections (a), (b) and (c), a sufficient amount shall be | 26 |
| reserved to
pay all of the following:
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| (1) the costs of the Department of Revenue in | 2 |
| administering this
Act;
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| (2) the costs of the Department of Transportation in | 4 |
| performing its
duties imposed by the Illinois Highway Code | 5 |
| for supervising the use of motor
fuel tax funds apportioned | 6 |
| to municipalities, counties and road districts;
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| (3) refunds provided for in Section 13 of this Act and | 8 |
| under the terms
of the International Fuel Tax Agreement | 9 |
| referenced in Section 14a;
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| (4) from October 1, 1985 until June 30, 1994, the | 11 |
| administration of the
Vehicle Emissions Inspection Law, | 12 |
| which amount shall be certified monthly by
the | 13 |
| Environmental Protection Agency to the State Comptroller | 14 |
| and shall promptly
be transferred by the State Comptroller | 15 |
| and Treasurer from the Motor Fuel Tax
Fund to the Vehicle | 16 |
| Inspection Fund, and for the period July 1, 1994 through
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| June 30, 2000, one-twelfth of $25,000,000 each month, for | 18 |
| the period July 1, 2000 through June 30, 2003,
one-twelfth | 19 |
| of
$30,000,000
each month,
and $15,000,000 on July 1, 2003, | 20 |
| and $15,000,000 on January 1, 2004, and $15,000,000
on
each
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| July
1 and October 1, or as soon thereafter as may be | 22 |
| practical, during the period July 1, 2004 through June 30, | 23 |
| 2008,
for the administration of the Vehicle Emissions | 24 |
| Inspection Law of
1995, to be transferred by the State | 25 |
| Comptroller and Treasurer from the Motor
Fuel Tax Fund into | 26 |
| the Vehicle Inspection Fund;
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| (5) amounts ordered paid by the Court of Claims; and
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| (6) payment of motor fuel use taxes due to member | 3 |
| jurisdictions under
the terms of the International Fuel Tax | 4 |
| Agreement. The Department shall
certify these amounts to | 5 |
| the Comptroller by the 15th day of each month; the
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| Comptroller shall cause orders to be drawn for such | 7 |
| amounts, and the Treasurer
shall administer those amounts | 8 |
| on or before the last day of each month;
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| (e) after allocations for the purposes set forth in | 10 |
| subsections
(a), (b), (c) and (d), the remaining amount shall | 11 |
| be apportioned as follows:
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| (1) Until January 1, 2000, 58.4%, and beginning January | 13 |
| 1, 2000, 45.6%
shall be deposited as follows:
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| (A) 37% into the State Construction Account Fund, | 15 |
| and
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| (B) 63% into the Road Fund, $1,250,000 of which | 17 |
| shall be reserved each
month for the Department of | 18 |
| Transportation to be used in accordance with
the | 19 |
| provisions of Sections 6-901 through 6-906 of the | 20 |
| Illinois Highway Code;
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| (2) Until January 1, 2000, 41.6%, and beginning January | 22 |
| 1, 2000, 54.4%
shall be transferred to the Department of | 23 |
| Transportation to be
distributed as follows:
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| (A) 49.10% to the municipalities of the State,
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| (B) 16.74% to the counties of the State having | 26 |
| 1,000,000 or more inhabitants,
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| (C) 18.27% to the counties of the State having less | 2 |
| than 1,000,000 inhabitants,
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| (D) 15.89% to the road districts of the State.
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| As soon as may be after the first day of each month the | 5 |
| Department of
Transportation shall allot to each municipality | 6 |
| its share of the amount
apportioned to the several | 7 |
| municipalities which shall be in proportion
to the population | 8 |
| of such municipalities as determined by the last
preceding | 9 |
| municipal census if conducted by the Federal Government or
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| Federal census. If territory is annexed to any municipality | 11 |
| subsequent
to the time of the last preceding census the | 12 |
| corporate authorities of
such municipality may cause a census | 13 |
| to be taken of such annexed
territory and the population so | 14 |
| ascertained for such territory shall be
added to the population | 15 |
| of the municipality as determined by the last
preceding census | 16 |
| for the purpose of determining the allotment for that
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| municipality. If the population of any municipality was not | 18 |
| determined
by the last Federal census preceding any | 19 |
| apportionment, the
apportionment to such municipality shall be | 20 |
| in accordance with any
census taken by such municipality. Any | 21 |
| municipal census used in
accordance with this Section shall be | 22 |
| certified to the Department of
Transportation by the clerk of | 23 |
| such municipality, and the accuracy
thereof shall be subject to | 24 |
| approval of the Department which may make
such corrections as | 25 |
| it ascertains to be necessary.
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| As soon as may be after the first day of each month the |
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| Department of
Transportation shall allot to each county its | 2 |
| share of the amount
apportioned to the several counties of the | 3 |
| State as herein provided.
Each allotment to the several | 4 |
| counties having less than 1,000,000
inhabitants shall be in | 5 |
| proportion to the amount of motor vehicle
license fees received | 6 |
| from the residents of such counties, respectively,
during the | 7 |
| preceding calendar year. The Secretary of State shall, on or
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| before April 15 of each year, transmit to the Department of
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| Transportation a full and complete report showing the amount of | 10 |
| motor
vehicle license fees received from the residents of each | 11 |
| county,
respectively, during the preceding calendar year. The | 12 |
| Department of
Transportation shall, each month, use for | 13 |
| allotment purposes the last
such report received from the | 14 |
| Secretary of State.
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| As soon as may be after the first day of each month, the | 16 |
| Department
of Transportation shall allot to the several | 17 |
| counties their share of the
amount apportioned for the use of | 18 |
| road districts. The allotment shall
be apportioned among the | 19 |
| several counties in the State in the proportion
which the total | 20 |
| mileage of township or district roads in the respective
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| counties bears to the total mileage of all township and | 22 |
| district roads
in the State. Funds allotted to the respective | 23 |
| counties for the use of
road districts therein shall be | 24 |
| allocated to the several road districts
in the county in the | 25 |
| proportion which the total mileage of such township
or district | 26 |
| roads in the respective road districts bears to the total
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| mileage of all such township or district roads in the county. | 2 |
| After
July 1 of any year, no allocation shall be made for any | 3 |
| road district
unless it levied a tax for road and bridge | 4 |
| purposes in an amount which
will require the extension of such | 5 |
| tax against the taxable property in
any such road district at a | 6 |
| rate of not less than either .08% of the value
thereof, based | 7 |
| upon the assessment for the year immediately prior to the year
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| in which such tax was levied and as equalized by the Department | 9 |
| of Revenue
or, in DuPage County, an amount equal to or greater | 10 |
| than $12,000 per mile of
road under the jurisdiction of the | 11 |
| road district, whichever is less. If any
road district has | 12 |
| levied a special tax for road purposes
pursuant to Sections | 13 |
| 6-601, 6-602 and 6-603 of the Illinois Highway Code, and
such | 14 |
| tax was levied in an amount which would require extension at a
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| rate of not less than .08% of the value of the taxable property | 16 |
| thereof,
as equalized or assessed by the Department of Revenue,
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| or, in DuPage County, an amount equal to or greater than | 18 |
| $12,000 per mile of
road under the jurisdiction of the road | 19 |
| district, whichever is less,
such levy shall, however, be | 20 |
| deemed a proper compliance with this
Section and shall qualify | 21 |
| such road district for an allotment under this
Section. If a | 22 |
| township has transferred to the road and bridge fund
money | 23 |
| which, when added to the amount of any tax levy of the road
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| district would be the equivalent of a tax levy requiring | 25 |
| extension at a
rate of at least .08%, or, in DuPage County, an | 26 |
| amount equal to or greater
than $12,000 per mile of road under |
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| the jurisdiction of the road district,
whichever is less, such | 2 |
| transfer, together with any such tax levy,
shall be deemed a | 3 |
| proper compliance with this Section and shall qualify
the road | 4 |
| district for an allotment under this Section.
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| In counties in which a property tax extension limitation is | 6 |
| imposed
under the Property Tax Extension Limitation Law, road | 7 |
| districts may retain
their entitlement to a motor fuel tax | 8 |
| allotment if, at the time the property
tax
extension limitation | 9 |
| was imposed, the road district was levying a road and
bridge | 10 |
| tax at a rate sufficient to entitle it to a motor fuel tax | 11 |
| allotment
and continues to levy the maximum allowable amount | 12 |
| after the imposition of the
property tax extension limitation. | 13 |
| Any road district may in all circumstances
retain its | 14 |
| entitlement to a motor fuel tax allotment if it levied a road | 15 |
| and
bridge tax in an amount that will require the extension of | 16 |
| the tax against the
taxable property in the road district at a | 17 |
| rate of not less than 0.08% of the
assessed value of the | 18 |
| property, based upon the assessment for the year
immediately | 19 |
| preceding the year in which the tax was levied and as equalized | 20 |
| by
the Department of Revenue or, in DuPage County, an amount | 21 |
| equal to or greater
than $12,000 per mile of road under the | 22 |
| jurisdiction of the road district,
whichever is less.
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| As used in this Section the term "road district" means any | 24 |
| road
district, including a county unit road district, provided | 25 |
| for by the
Illinois Highway Code; and the term "township or | 26 |
| district road"
means any road in the township and district road |
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| system as defined in the
Illinois Highway Code. For the | 2 |
| purposes of this Section, "road
district" also includes park | 3 |
| districts, forest preserve districts and
conservation | 4 |
| districts organized under Illinois law and "township or
| 5 |
| district road" also includes such roads as are maintained by | 6 |
| park
districts, forest preserve districts and conservation | 7 |
| districts. The
Department of Transportation shall determine | 8 |
| the mileage of all township
and district roads for the purposes | 9 |
| of making allotments and allocations of
motor fuel tax funds | 10 |
| for use in road districts.
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| Payment of motor fuel tax moneys to municipalities and | 12 |
| counties shall
be made as soon as possible after the allotment | 13 |
| is made. The treasurer
of the municipality or county may invest | 14 |
| these funds until their use is
required and the interest earned | 15 |
| by these investments shall be limited
to the same uses as the | 16 |
| principal funds.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-839, eff. 7-30-04; | 18 |
| 94-839, eff. 6-6-06.)
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| (35 ILCS 505/8b new)
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| Sec. 8b. Distribution of proceeds into the 8,000# Road | 21 |
| Improvement Fund. | 22 |
| (a) All money received by the Department under paragraph | 23 |
| (f) of Section 2 of this Act shall be deposited in a special | 24 |
| fund in the State treasury, to be known as the 80,000# Road | 25 |
| Improvement Fund, and must be apportioned and disbursed as |
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| follows: | 2 |
| (1) 33.3% to municipalities apportioned and | 3 |
| distributed to each municipality in the proportion that the | 4 |
| total population of the municipality bears to the total | 5 |
| population of all municipalities in the State; | 6 |
| (2) 33.3% to township road districts apportioned and | 7 |
| distributed to each road district in the proportion that | 8 |
| the total mileage of the township or district roads in the | 9 |
| respective road district bears to the total mileage of all | 10 |
| township or district roads in the State; and | 11 |
| (3) The remainder to counties apportioned and | 12 |
| distributed to each county in the State in the proportion | 13 |
| that the total mileage of the county highways in the county | 14 |
| bears to the total mileage of all county highways in all | 15 |
| counties in the State.
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| (b) Moneys disbursed to municipalities, townships, and | 17 |
| counties under this Section must be deposited in the respective | 18 |
| agency's 80,000# Road Improvement Fund and may only be used for | 19 |
| the purpose set forth under subsection (f) of Section 2 of this | 20 |
| Act. | 21 |
| Section 10. The Illinois Highway Code is amended by | 22 |
| changing Section 6-901 as follows:
| 23 |
| (605 ILCS 5/6-901) (from Ch. 121, par. 6-901)
| 24 |
| Sec. 6-901. Annually, the General Assembly shall |
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| appropriate to the
Department of Transportation from the road | 2 |
| fund, the general revenue
fund, any other State funds or a | 3 |
| combination of those funds, $30,000,000 $15,000,000
for | 4 |
| apportionment to counties for the use of road districts for the
| 5 |
| construction of bridges 20 feet or more in length, as provided | 6 |
| in
Sections 6-902 through 6-905.
| 7 |
| The Department of Transportation shall apportion among the | 8 |
| several
counties of this State for the use of road districts | 9 |
| the amounts
appropriated under this Section. The amount | 10 |
| apportioned to a county
shall be in the proportion which the | 11 |
| total mileage of township or
district roads in the county bears | 12 |
| to the total mileage of all township
and district roads in the | 13 |
| State. Each county shall allocate to the
several road districts | 14 |
| in the county the funds so apportioned to the
county. The | 15 |
| allocation to road districts shall be made in the same
manner | 16 |
| and be subject to the same conditions and qualifications as are
| 17 |
| provided by Section 8 of the "Motor Fuel Tax Law", approved | 18 |
| March 25,
1929, as amended, with respect to the allocation to | 19 |
| road districts of
the amount allotted from the Motor Fuel Tax | 20 |
| Fund for apportionment to
counties for the use of road | 21 |
| districts, but no allocation shall be made
to any road district | 22 |
| that has not levied taxes for road and bridge
purposes and for | 23 |
| bridge construction purposes at the maximum rates
permitted by | 24 |
| Sections 6-501, 6-508 and 6-512 of this Act, without
| 25 |
| referendum. "Road district" and "township or district road" | 26 |
| have the
meanings ascribed to those terms in this Act.
|
|
|
|
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|
| 1 |
| Road districts in counties in which a property tax | 2 |
| extension limitation is
imposed under the Property Tax | 3 |
| Extension Limitation Law that are made
ineligible for receipt | 4 |
| of this appropriation due to the imposition of a
property tax | 5 |
| extension limitation may become eligible if, at the time the
| 6 |
| property tax extension limitation was imposed, the road | 7 |
| district was levying at
the required rate and continues to levy | 8 |
| the maximum allowable amount
after the imposition of the | 9 |
| property tax extension limitation. The road
district
also | 10 |
| becomes
eligible if it levies at or above the rate required for | 11 |
| eligibility by Section
8 of the
Motor Fuel Tax Law.
| 12 |
| The amounts apportioned under this Section for allocation | 13 |
| to road
districts may be used only for bridge construction as | 14 |
| provided in this
Division. So much of those amounts as are not | 15 |
| obligated under Sections
6-902 through 6-904 and for which | 16 |
| local funds have not been committed
under Section 6-905 within | 17 |
| 24 months of the date
when such apportionment is
made lapses | 18 |
| and shall not be paid to the county treasurer for
distribution | 19 |
| to road districts.
| 20 |
| (Source: P.A. 90-110, eff. 7-14-97.)
| 21 |
| Section 15. The Illinois Vehicle Code is amended by | 22 |
| changing Sections 15-109.1, 15-111, and 15-112 as follows:
| 23 |
| (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
| 24 |
| Sec. 15-109.1. Covers or tarpaulins required for certain |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| loads.
| 2 |
| (a) No person shall operate or cause to be operated, on a | 3 |
| highway, any
second
division vehicle loaded with dirt, | 4 |
| aggregate, garbage, refuse, or other
similar material, when any | 5 |
| portion of the load is falling, sifting,
blowing, dropping or | 6 |
| in any way escaping from the vehicle.
| 7 |
| (b) No person shall operate or cause to be operated, on a | 8 |
| highway, any
second division vehicle having a gross vehicle | 9 |
| weight rating of 8,000 pounds or
more loaded with dirt, | 10 |
| aggregate, garbage, refuse, or other
similar material in or on | 11 |
| any part of the vehicle other than in the cargo
area. In | 12 |
| addition, no person shall operate on any highway, such vehicle
| 13 |
| unless the tailgate on the vehicle is in good repair and | 14 |
| operating condition
and closes securely so as to prevent any | 15 |
| load, residue, or other material from
escaping.
| 16 |
| (c) This Section shall not apply to the operation of | 17 |
| highway maintenance
vehicles engaged in removing snow and ice | 18 |
| from the roadway, nor to
implements of husbandry or other farm | 19 |
| vehicles while transporting
agricultural products to or from | 20 |
| the original place of production .
| 21 |
| (d) For the purpose of this Section "aggregate" shall | 22 |
| include all ores,
minerals, sand, gravel, shale, coal, clay, | 23 |
| limestone or any other ore or
mineral which may be mined.
| 24 |
| (e) Notwithstanding any other penalty, whenever a police | 25 |
| officer
determines
that the operator of a vehicle is in | 26 |
| violation of this Section, as evidenced
by the issuance of a |
|
|
|
SB1291 |
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|
| 1 |
| citation for a violation of Section 15-109.1 of this
Code, or | 2 |
| where a police officer determines that a dangerous condition | 3 |
| exists
whereby any portion of the load may fall, sift, blow, | 4 |
| drop, or in any way
escape
or fall from the vehicle,
the police | 5 |
| officer shall require the operator to stop the vehicle in
a | 6 |
| suitable place and keep such vehicle stationary until the load | 7 |
| has either
been reduced, secured, or covered with a cover or | 8 |
| tarpaulin of sufficient
size to prevent any further violation | 9 |
| of this Section.
| 10 |
| (f) Any violation of the provisions of this Section shall | 11 |
| be a petty
offense punishable by a fine not to exceed $250.
| 12 |
| (Source: P.A. 91-858, eff. 1-1-01.)
| 13 |
| (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| 14 |
| Sec. 15-111. Wheel and axle loads and gross weights.
| 15 |
| (a) On non-designated highways, no vehicle or combination | 16 |
| of vehicles
equipped
with pneumatic tires may be operated, | 17 |
| unladen or with load,
when the total weight transmitted to the | 18 |
| road surface
exceeds 20,000 18,000 pounds on a single axle or | 19 |
| 32,000 pounds on a tandem axle with
no axle within the tandem | 20 |
| exceeding 20,000 18,000 pounds except:
| 21 |
| (1) when a different limit is established and posted in | 22 |
| accordance with
Section 15-316 of this Code;
| 23 |
| (2) vehicles for which the Department of | 24 |
| Transportation and local
authorities issue overweight
| 25 |
| permits under authority of Section 15-301 of this Code;
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| (3) tow trucks subject to the conditions provided in | 2 |
| subsection (d)
may not exceed 24,000 pounds on a single | 3 |
| rear axle or 44,000 pounds on a tandem
rear axle;
| 4 |
| (4) any single axle of a 2-axle truck weighing 36,000 | 5 |
| pounds or
less and not a part of a combination of vehicles, | 6 |
| shall not exceed 20,000
pounds;
| 7 |
| (5) any single axle of a 2-axle truck equipped with a | 8 |
| personnel
lift or digger derrick, weighing 36,000 pounds or | 9 |
| less, owned and operated by a
public utility, shall not | 10 |
| exceed 20,000 pounds;
| 11 |
| (6) any single axle of a 2-axle truck specially | 12 |
| equipped with a front
loading compactor used exclusively | 13 |
| for garbage, refuse, or recycling may not
exceed 20,000 | 14 |
| pounds per axle, provided that the gross weight of the | 15 |
| vehicle
does not exceed 40,000 pounds;
| 16 |
| (7) a truck, not in combination and specially equipped | 17 |
| with a
selfcompactor or an industrial roll-off hoist and | 18 |
| roll-off container, used
exclusively for garbage or refuse | 19 |
| operations may, when laden, transmit upon the
road surface | 20 |
| the following maximum
weights: 22,000 pounds on a single | 21 |
| axle; 40,000 pounds on a tandem axle;
| 22 |
| (8) a truck, not in combination and used exclusively | 23 |
| for the collection of
rendering materials,
may, when laden, | 24 |
| transmit upon the road surface the
following maximum | 25 |
| weights:
22,000 pounds on a single axle; 40,000 pounds on a | 26 |
| tandem axle;
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| (9) tandem axles on a 3-axle truck registered as a | 2 |
| Special Hauling
Vehicle, manufactured prior to or in the | 3 |
| model year of 2014 and
first
registered in Illinois prior | 4 |
| to January 1, 2015, with a distance
greater than
72 inches | 5 |
| but not more than 96 inches between any series of 2 axles, | 6 |
| is
allowed a combined weight on the series not to exceed | 7 |
| 36,000 pounds and neither
axle of the series may exceed | 8 |
| 18,000 pounds. Any vehicle of this type
manufactured
after | 9 |
| the model year of 2014 or first registered in Illinois | 10 |
| after
December 31,
2014 may not exceed a combined weight of | 11 |
| 34,000 32,000 pounds through the
series of
2 axles and | 12 |
| neither axle of the series may exceed 20,000 18,000 pounds;
| 13 |
| (10) a 4-axle truck mixer
registered as a Special | 14 |
| Hauling Vehicle, used
exclusively for the mixing and | 15 |
| transportation of concrete in the plastic state and | 16 |
| manufactured
prior to or in the model year of 2014 and | 17 |
| first registered in
Illinois prior to
January 1, 2015, is | 18 |
| allowed the following maximum weights: 20,000 pounds on any | 19 |
| single axle; 36,000 pounds on any series of 2 axles greater | 20 |
| than 72 inches but not more than 96 inches; and 34,000 | 21 |
| pounds on any series of 2 axles greater than 40 inches but | 22 |
| not more than 72 inches;
| 23 |
| (11) 4-axle vehicles or a 5 or more axle combination of | 24 |
| vehicles: The
weight
transmitted upon the road surface | 25 |
| through any series of 3 axles whose centers
are
more than | 26 |
| 96 inches apart, measured between extreme axles in the |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| series, may
not exceed those allowed in the table contained | 2 |
| in subsection (f) of this
Section. No axle or tandem axle | 3 |
| of the series may exceed the maximum weight
permitted under | 4 |
| this Section for a single or tandem axle.
| 5 |
| No vehicle or combination of vehicles equipped with other | 6 |
| than pneumatic
tires may be operated, unladen or with load, | 7 |
| upon the highways of this State
when the gross weight on the | 8 |
| road surface through any wheel exceeds 800
pounds per inch | 9 |
| width of tire tread or when the gross weight on the road
| 10 |
| surface through any axle exceeds 16,000 pounds.
| 11 |
| (b) On non-designated highways, the gross weight of | 12 |
| vehicles and
combination of vehicles including
the weight of | 13 |
| the vehicle or combination and its maximum load shall be
| 14 |
| subject to the foregoing limitations and further shall not | 15 |
| exceed the
following gross weights dependent upon the number of | 16 |
| axles and distance
between extreme axles of the vehicle or | 17 |
| combination measured longitudinally
to the nearest foot.
| 18 |
| VEHICLES HAVING 2 AXLES ................ 40,000 36,000 pounds
| 19 |
| VEHICLES OR COMBINATIONS
| 20 |
| HAVING 3 AXLES
|
|
21 | | With Tandem |
|
With or |
|
|
22 | | Axles |
|
Without |
|
|
23 | | |
|
Tandem Axles |
|
|
24 | | Minimum |
|
Minimum |
|
|
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 | | distance to |
Maximum |
distance to |
Maximum |
|
2 | | nearest foot |
Gross |
nearest foot |
Gross |
|
3 | | between |
Weight |
between |
Weight |
|
4 | | extreme axles |
(pounds) |
extreme axles |
(pounds) |
|
5 | | 10 feet |
41,000 |
16 feet |
46,000 |
|
6 | | 11 |
42,000 |
17 |
47,000 |
|
7 | | 12 |
43,000 |
18 |
47,500 |
|
8 | | 13 |
44,000 |
19 |
48,000 |
|
9 | | 14 |
44,500 |
20 |
49,000 |
|
10 | | 15 |
45,000 |
21 feet or more |
50,000 |
|
|
11 | | VEHICLES OR COMBINATIONS
HAVING 4 AXLES |
|
12 | | Minimum |
|
Minimum |
|
|
13 | | distance to |
Maximum |
distance to |
Maximum |
|
14 | | nearest foot |
Gross |
nearest foot |
Gross |
|
15 | | between |
Weight |
between |
Weight |
|
16 | | extreme axles |
(pounds) |
extreme axles |
(pounds) |
|
17 | | 15 feet |
50,000 |
26 feet |
57,500 |
|
18 | | 16 |
50,500 |
27 |
58,000 |
|
19 | | 17 |
51,500 |
28 |
58,500 |
|
20 | | 18 |
52,000 |
29 |
59,500 |
|
21 | | 19 |
52,500 |
30 |
60,000 |
|
22 | | 20 |
53,500 |
31 |
60,500 |
|
23 | | 21 |
54,000 |
32 |
61,500 |
|
24 | | 22 |
54,500 |
33 |
62,000 |
|
25 | | 23 |
55,500 |
34 |
62,500 |
|
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 | | 24 |
56,000 |
35 |
63,500 |
|
2 | | 25 |
56,500 |
36 feet or more |
64,000 |
|
3 | | A vehicle not in a combination having more than 4 axles may | 4 | | not exceed
the weight in the table in this subsection (b) for 4 | 5 | | axles measured between the
extreme axles of
the vehicle. |
|
|
6 | | COMBINATIONS HAVING 5 OR MORE AXLES |
|
7 | | Minimum distance to |
Maximum |
|
8 | | nearest foot between |
Gross Weight |
|
9 | | extreme axles |
(pounds) |
|
10 | | 42 feet or less |
72,000 |
|
11 | | 43 |
73,000 |
|
12 | | 44 feet or more |
73,280 |
|
13 |
| VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
| 14 |
| TRUCKS EQUIPPED WITH SELFCOMPACTORS
| 15 |
| OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE,
| 16 |
| REFUSE, OR RECYCLING HAULS ONLY AND TRUCKS USED FOR
| 17 |
| THE COLLECTION OF RENDERING MATERIALS
| 18 |
| On Highway Not Part of National System
| 19 |
| of Interstate and Defense Highways
| 20 |
| with 2 axles 36,000 pounds
| 21 |
| with 3 axles 54,000 pounds
| 22 |
| TWO AXLE TRUCKS EQUIPPED WITH
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| A FRONT LOADING COMPACTOR USED EXCLUSIVELY
| 2 |
| FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
| 3 |
| with 2 axles 40,000 pounds
| 4 |
| A 4-axle truck mixer registered as a Special Hauling | 5 |
| Vehicle, used exclusively for mixing and transportation of | 6 |
| concrete in the plastic state, manufactured before or in the | 7 |
| model year of 2014, and first registered in Illinois before | 8 |
| January 1, 2015, is allowed a maximum gross weight listed in | 9 |
| the table of subsection (f) of this Section for 4 axles. This | 10 |
| vehicle, while loaded with concrete in the plastic state, is | 11 |
| not subject to the series of 3 axles requirement provided for | 12 |
| in subdivision (a)(11) of this Section, but no axle or tandem | 13 |
| axle of the series may exceed the maximum weight permitted | 14 |
| under subdivision (a)(10) of this Section.
| 15 |
| (b-1) As used in this Section, a "recycling haul" or | 16 |
| "recycling operation" means the hauling of segregated, | 17 |
| non-hazardous, non-special, homogeneous non-putrescible | 18 |
| materials, such as paper, glass, cans, or plastic, for | 19 |
| subsequent use in the secondary materials market.
| 20 |
| (c) Cities having a population of more than 50,000 may | 21 |
| permit by
ordinance axle loads on 2 axle motor vehicles 33 1/2% | 22 |
| above those
provided for herein, but the increase shall not | 23 |
| become effective until the
city has officially notified the | 24 |
| Department of the passage of the
ordinance and shall not apply | 25 |
| to those vehicles when outside of the limits
of the city, nor |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| shall the gross weight of any 2 axle motor vehicle
operating | 2 |
| over any street of the city exceed 40,000 pounds.
| 3 |
| (d) Weight limitations shall not apply to vehicles | 4 |
| (including loads)
operated by a public utility when | 5 |
| transporting equipment required for
emergency repair of public | 6 |
| utility facilities or properties or water wells.
| 7 |
| A combination of vehicles, including a tow truck and a | 8 |
| disabled vehicle
or disabled combination of vehicles, that | 9 |
| exceeds the weight restriction
imposed by this Code, may be | 10 |
| operated on a public highway in this State
provided that | 11 |
| neither the disabled vehicle nor any vehicle being towed nor
| 12 |
| the tow truck itself shall exceed the weight limitations | 13 |
| permitted
under this Chapter. During the towing operation, | 14 |
| neither the tow truck nor
the vehicle combination shall exceed
| 15 |
| 24,000 pounds on a single
rear axle and
44,000 pounds on a | 16 |
| tandem rear axle, provided the towing vehicle:
| 17 |
| (1) is specifically designed as a tow truck having a | 18 |
| gross vehicle
weight
rating of at least 18,000 pounds and | 19 |
| is equipped with air brakes, provided that
air
brakes are | 20 |
| required only if the towing vehicle is towing a vehicle,
| 21 |
| semitrailer, or tractor-trailer combination that is | 22 |
| equipped with air brakes;
| 23 |
| (2) is equipped with flashing, rotating, or | 24 |
| oscillating amber lights,
visible for at least 500 feet in | 25 |
| all directions;
| 26 |
| (3) is capable of utilizing the lighting and braking |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| systems of the
disabled vehicle or combination of vehicles; | 2 |
| and
| 3 |
| (4) does not engage in a tow exceeding 20 miles from | 4 |
| the initial point of
wreck or disablement. Any additional | 5 |
| movement of the vehicles may occur only
upon issuance of | 6 |
| authorization for that movement under the provisions of
| 7 |
| Sections 15-301 through 15-319 of this Code. The towing | 8 |
| vehicle, however,
may tow any disabled vehicle from the
| 9 |
| initial point of wreck or disablement to a point where | 10 |
| repairs are actually to
occur. This movement shall be valid | 11 |
| only on State routes.
The tower must abide by posted bridge | 12 |
| weight
limits.
| 13 |
| Gross weight limits shall not apply to the combination of | 14 |
| the tow truck
and vehicles being towed. The tow truck license | 15 |
| plate must cover the
operating empty weight of the tow truck | 16 |
| only. The weight
of each vehicle being towed shall be covered | 17 |
| by a valid license plate issued to
the owner or operator of the | 18 |
| vehicle being towed and displayed on that vehicle.
If no valid | 19 |
| plate issued to the owner or operator of that vehicle is | 20 |
| displayed
on that vehicle, or the plate displayed on that | 21 |
| vehicle does not cover the
weight of the vehicle, the weight of | 22 |
| the vehicle shall be covered by
the third tow truck plate | 23 |
| issued to the owner or operator of the tow truck and
| 24 |
| temporarily affixed to the vehicle being towed.
| 25 |
| The Department may by rule or regulation prescribe | 26 |
| additional requirements.
However, nothing in this Code shall |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| prohibit a tow truck under
instructions of a police officer | 2 |
| from legally clearing a disabled vehicle,
that may be in | 3 |
| violation of weight limitations of this Chapter, from the
| 4 |
| roadway to the berm or shoulder of the highway.
If in the | 5 |
| opinion of the police officer that location is unsafe, the | 6 |
| officer
is authorized to have the disabled vehicle towed to the | 7 |
| nearest place of
safety.
| 8 |
| For the purpose of this subsection, gross vehicle weight | 9 |
| rating, or
GVWR, shall mean the value specified by the | 10 |
| manufacturer as the loaded
weight of the tow truck.
| 11 |
| (e) No vehicle or combination of vehicles equipped with | 12 |
| pneumatic tires
shall be operated, unladen or with load, upon | 13 |
| the highways of this State in
violation of the provisions of | 14 |
| any permit issued under the provisions of
Sections 15-301 | 15 |
| through 15-319 of this Chapter.
| 16 |
| (f) On designated Class I, II, or III highways and the | 17 |
| National System of
Interstate and Defense Highways, no vehicle | 18 |
| or combination of vehicles with
pneumatic tires may be | 19 |
| operated, unladen or with load,
when the total weight on the | 20 |
| road surface
exceeds the following: 20,000 pounds on a single | 21 |
| axle; 34,000 pounds on a
tandem axle with no axle within the | 22 |
| tandem exceeding 20,000 pounds; 80,000
pounds gross weight for | 23 |
| vehicle combinations of 5 or more axles;
or a total weight on a | 24 |
| group of 2 or more consecutive axles in excess of that
weight | 25 |
| produced by the application of the following formula: W = 500 | 26 |
| times the
sum of (LN divided by N-1) + 12N + 36, where "W" |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| equals overall total weight on
any group of 2 or more | 2 |
| consecutive axles to the nearest 500 pounds, "L" equals
the
| 3 |
| distance measured to the nearest foot between extremes of any | 4 |
| group of 2 or
more consecutive axles, and "N" equals the number | 5 |
| of axles in the group under
consideration.
| 6 |
| The above formula when expressed in tabular form results in | 7 |
| allowable loads
as follows:
| 8 |
| Distance measured
| 9 |
| to the nearest
| 10 |
| foot between the
| 11 |
| extremes of any Maximum weight in pounds
| 12 |
| group of 2 or of any group of
| 13 |
| more consecutive 2 or more consecutive axles
| 14 |
| axles
|
|
15 | | feet |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
|
16 | | 4 |
34,000 |
| | | |
|
17 | | 5 |
34,000 |
| | | |
|
18 | | 6 |
34,000 |
| | | |
|
19 | | 7 |
34,000 |
| | | |
|
20 | | 8 |
38,000* |
42,000 |
| | |
|
21 | | 9 |
39,000 |
42,500 |
| | |
|
22 | | 10 |
40,000 |
43,500 |
| | |
|
23 | | 11 |
|
44,000 |
| | |
|
24 | | 12 |
|
45,000 |
50,000 |
| |
|
25 | | 13 |
|
45,500 |
50,500 |
| |
|
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 | | 14 |
|
46,500 |
51,500 |
| |
|
2 | | 15 |
|
47,000 |
52,000 |
| |
|
3 | | 16 |
|
48,000 |
52,500 |
58,000 |
|
|
4 | | 17 |
|
48,500 |
53,500 |
58,500 |
|
|
5 | | 18 |
|
49,500 |
54,000 |
59,000 |
|
|
6 | | 19 |
|
50,000 |
54,500 |
60,000 |
|
|
7 | | 20 |
|
51,000 |
55,500 |
60,500 |
66,000 |
|
8 | | 21 |
|
51,500 |
56,000 |
61,000 |
66,500 |
|
9 | | 22 |
|
52,500 |
56,500 |
61,500 |
67,000 |
|
10 | | 23 |
|
53,000 |
57,500 |
62,500 |
68,000 |
|
11 | | 24 |
|
54,000 |
58,000 |
63,000 |
68,500 |
|
12 | | 25 |
|
54,500 |
58,500 |
63,500 |
69,000 |
|
13 | | 26 |
|
55,500 |
59,500 |
64,000 |
69,500 |
|
14 | | 27 |
|
56,000 |
60,000 |
65,000 |
70,000 |
|
15 | | 28 |
|
57,000 |
60,500 |
65,500 |
71,000 |
|
16 | | 29 |
|
57,500 |
61,500 |
66,000 |
71,500 |
|
17 | | 30 |
|
58,500 |
62,000 |
66,500 |
72,000 |
|
18 | | 31 |
|
59,000 |
62,500 |
67,500 |
72,500 |
|
19 | | 32 |
|
60,000 |
63,500 |
68,000 |
73,000 |
|
20 | | 33 |
|
|
64,000 |
68,500 |
74,000 |
|
21 | | 34 |
|
|
64,500 |
69,000 |
74,500 |
|
22 | | 35 |
|
|
65,500 |
70,000 |
75,000 |
|
23 | | 36 |
|
|
66,000 |
70,500 |
75,500 |
|
24 | | 37 |
|
|
66,500 |
71,000 |
76,000 |
|
25 | | 38 |
|
|
67,500 |
72,000 |
77,000 |
|
26 | | 39 |
|
|
68,000 |
72,500 |
77,500 |
|
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 | | 40 |
|
|
68,500 |
73,000 |
78,000 |
|
2 | | 41 |
|
|
69,500 |
73,500 |
78,500 |
|
3 | | 42 |
|
|
70,000 |
74,000 |
79,000 |
|
4 | | 43 |
|
|
70,500 |
75,000 |
80,000 |
|
5 | | 44 |
|
|
71,500 |
75,500 |
|
|
6 | | 45 |
|
|
72,000 |
76,000 |
|
|
7 | | 46 |
|
|
72,500 |
76,500 |
|
|
8 | | 47 |
|
|
73,500 |
77,500 |
|
|
9 | | 48 |
|
|
74,000 |
78,000 |
|
|
10 | | 49 |
|
|
74,500 |
78,500 |
|
|
11 | | 50 |
|
|
75,500 |
79,000 |
|
|
12 | | 51 |
|
|
76,000 |
80,000 |
|
|
13 | | 52 |
|
|
76,500 |
| |
|
14 | | 53 |
|
|
77,500 |
| |
|
15 | | 54 |
|
|
78,000 |
| |
|
16 | | 55 |
|
|
78,500 |
| |
|
17 | | 56 |
|
|
79,500 |
| |
|
18 | | 57 |
|
|
80,000 |
| |
|
19 |
| *If the distance between 2 axles is 96 inches or less, the 2 | 20 |
| axles are
tandem axles and the maximum total weight may not | 21 |
| exceed 34,000 pounds,
notwithstanding the higher limit | 22 |
| resulting from the application of the formula.
| 23 |
| Vehicles not in a combination having more than 4 axles may | 24 |
| not exceed the
weight in the table in this subsection (f) for 4 | 25 |
| axles measured between the
extreme axles of the
vehicle.
| 26 |
| Vehicles in a combination having more than 6 axles may not |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| exceed the weight
in the table in this subsection (f) for 6 | 2 |
| axles measured between the extreme
axles of the
combination.
| 3 |
| Local authorities, with respect
to streets and highways | 4 |
| under their jurisdiction, without additional
fees, may also by | 5 |
| ordinance or resolution allow the weight limitations of this
| 6 |
| subsection, provided the maximum gross weight on any one axle | 7 |
| shall not exceed
20,000 pounds and the maximum total weight on | 8 |
| any tandem axle
shall not exceed
34,000 pounds, on designated | 9 |
| highways when appropriate regulatory signs giving
notice are | 10 |
| erected upon the street or highway or portion of any street or
| 11 |
| highway affected by the ordinance or resolution.
| 12 |
| The following are exceptions to the above formula:
| 13 |
| (1) 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 of | 16 |
| tandem axles is 36 feet or more.
| 17 |
| (2) Vehicles for which a different limit is established | 18 |
| and posted in
accordance with Section 15-316 of this Code.
| 19 |
| (3) Vehicles for which the Department of | 20 |
| Transportation and local
authorities issue overweight
| 21 |
| permits under authority of Section 15-301 of this Code. | 22 |
| These vehicles are
not subject
to the bridge formula.
| 23 |
| (4) Tow trucks subject to the conditions provided in | 24 |
| subsection (d)
may not exceed 24,000 pounds on a single | 25 |
| rear axle or 44,000 pounds on a tandem
rear axle.
| 26 |
| (5) A tandem axle on a 3-axle truck registered as a |
|
|
|
SB1291 |
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|
| 1 |
| Special Hauling
Vehicle, manufactured prior to or in the | 2 |
| model year of 2014, and
registered in Illinois prior to | 3 |
| January 1, 2015, with a distance
between 2
axles
in a | 4 |
| series greater than 72 inches but not more than 96 inches | 5 |
| may not exceed
a total weight of 36,000 pounds and neither | 6 |
| axle of the series may exceed
18,000 pounds.
| 7 |
| (6) A truck not in combination, equipped with a self | 8 |
| compactor or an
industrial roll-off hoist and roll-off | 9 |
| container, used exclusively for garbage,
refuse, or | 10 |
| recycling operations, may, when laden, transmit upon the | 11 |
| road surface,
except when on part of the National System of | 12 |
| Interstate and Defense
Highways, the following maximum | 13 |
| weights: 22,000 pounds on a
single axle; 40,000 pounds on a | 14 |
| tandem axle; 36,000 pounds gross weight on a
2-axle | 15 |
| vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| 16 |
| This vehicle is not subject to the bridge formula.
| 17 |
| (7) Combinations of vehicles, registered as Special | 18 |
| Hauling Vehicles that
include a semitrailer manufactured | 19 |
| prior to or in the model year of 2014, and
registered in | 20 |
| Illinois prior to January 1, 2015, having 5 axles
with a
| 21 |
| distance of 42 feet or less between extreme axles, may not | 22 |
| exceed the
following maximum weights: 18,000 pounds on a | 23 |
| single axle; 32,000 pounds on a
tandem axle; and 72,000 | 24 |
| pounds gross weight. This combination of vehicles is
not | 25 |
| subject
to the bridge formula. For all those combinations | 26 |
| of vehicles that include a
semitrailer manufactured after |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| the effective date of this amendatory Act of
the 92nd | 2 |
| General Assembly, the overall distance between the first | 3 |
| and last
axles of the 2 sets of
tandems must be 18 feet 6 | 4 |
| inches or
more. Any combination of vehicles that has had | 5 |
| its cargo
container replaced in its entirety after December | 6 |
| 31, 2014 may not
exceed
the weights allowed by the bridge | 7 |
| formula.
| 8 |
| (8) A 4-axle truck mixer registered as a Special | 9 |
| Hauling Vehicle, used exclusively for the mixing and | 10 |
| transportation of concrete in the plastic state, | 11 |
| manufactured before or in the model year of 2014, first | 12 |
| registered in Illinois before January 1, 2015, and not | 13 |
| operated on a highway that is part of the National System | 14 |
| of Interstate Highways, is allowed the following maximum | 15 |
| weights: 20,000 pounds on any single axle; 36,000 pounds on | 16 |
| a series of axles greater than 72 inches but not more than | 17 |
| 96 inches; and 34,000 pounds on any series of 2 axles | 18 |
| greater than 40 inches but not more than 72 inches. The | 19 |
| gross weight of this vehicle may not exceed the weights | 20 |
| allowed by the bridge formula for 4 axles. The bridge | 21 |
| formula does not apply to any series of 3 axles while the | 22 |
| vehicle is transporting concrete in the plastic state, but | 23 |
| no axle or tandem axle of the series may exceed the maximum | 24 |
| weight permitted under this subsection (f).
| 25 |
| No vehicle or combination of vehicles equipped with other | 26 |
| than pneumatic
tires may be operated, unladen or with load, |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| upon the highways of this State
when the gross weight on the | 2 |
| road surface through any wheel exceeds 800
pounds per inch | 3 |
| width of tire tread or when the gross weight on the road
| 4 |
| surface through any axle exceeds 16,000 pounds.
| 5 |
| (f-1) A vehicle and load
not exceeding 80,000 73,280 pounds | 6 |
| is allowed access
as follows:
| 7 |
| (1) From any State designated highway onto any county, | 8 |
| township, or
municipal highway for a distance of 5 highway | 9 |
| miles for the purpose of
loading and unloading, provided:
| 10 |
| (A) The vehicle and load does not exceed 8 feet 6 | 11 |
| inches in
width and 65 feet overall length.
| 12 |
| (B) There is no sign prohibiting that access.
| 13 |
| (C) The route is not being used as a thoroughfare | 14 |
| between State
designated highways.
| 15 |
| (2) From any State designated highway onto any county | 16 |
| or township
highway for a distance of 5 highway miles, or | 17 |
| any municipal highway for a
distance of one highway mile | 18 |
| for the purpose of food, fuel, repairs, and rest,
provided:
| 19 |
| (A) The vehicle and load does not exceed 8 feet 6 | 20 |
| inches in
width and 65 feet overall length.
| 21 |
| (B) There is no sign prohibiting that access.
| 22 |
| (C) The route is not being used as a thoroughfare | 23 |
| between State
designated highways.
| 24 |
| (f-2) A vehicle and load greater than 80,000 73,280 pounds | 25 |
| in weight but not
exceeding 80,000 pounds is allowed access as | 26 |
| follows:
|
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| (1) From a Class I highway onto any street or highway | 2 |
| for a distance of
one highway mile for the purpose of | 3 |
| loading, unloading, food, fuel, repairs,
and rest, | 4 |
| provided there is no sign prohibiting that access.
| 5 |
| (2) From a Class I, II, or III highway onto any State | 6 |
| highway or any
local designated highway for a distance of 5 | 7 |
| highway miles for the purpose of
loading, unloading, food, | 8 |
| fuel, repairs, and rest.
| 9 |
| Section 5-35 of the Illinois Administrative Procedure Act | 10 |
| relating
to procedures for rulemaking shall not apply to the | 11 |
| designation of highways
under this subsection.
| 12 |
| (g) No person shall operate a vehicle or combination of | 13 |
| vehicles over
a bridge or other elevated structure constituting | 14 |
| part of a highway with a
gross weight that is greater than the | 15 |
| maximum weight permitted by the
Department, when the structure | 16 |
| is sign posted as provided in this Section.
| 17 |
| (h) The Department upon request from any local authority | 18 |
| shall, or upon
its own initiative may, conduct an investigation | 19 |
| of any bridge or other
elevated structure constituting a part | 20 |
| of a highway, and if it finds that
the structure cannot with | 21 |
| safety to itself withstand the weight of vehicles
otherwise | 22 |
| permissible under this Code the Department shall determine and
| 23 |
| declare the maximum weight of vehicles that the structures can | 24 |
| withstand,
and shall cause or permit suitable signs stating | 25 |
| maximum weight to be
erected and maintained before each end of | 26 |
| the structure. No person shall
operate a vehicle or combination |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| of vehicles over any structure with a
gross weight that is | 2 |
| greater than the posted maximum weight.
| 3 |
| (i) Upon the trial of any person charged with a violation | 4 |
| of subsections
(g) or (h) of this Section, proof of the | 5 |
| determination of the maximum
allowable weight by the Department | 6 |
| and the existence of the signs,
constitutes conclusive evidence | 7 |
| of the maximum weight that can be
maintained with safety to the | 8 |
| bridge or structure.
| 9 |
| (j) Upon trial of any person charged with a violation of | 10 |
| this Section, a document or record, which may include a bill of | 11 |
| lading, freight bill, weight certification, or other similar | 12 |
| document, evidencing the receipt of goods issued by the person | 13 |
| engaged in the business of transporting or forwarding goods, | 14 |
| that states a gross weight of the vehicle and load or the | 15 |
| weight of the load when combined with the empty weight of the | 16 |
| vehicle that is in excess of the prescribed maximum weight | 17 |
| limitation permitted by this Section, is prima facie evidence | 18 |
| that the weight of the vehicle and load is unlawful and is a | 19 |
| violation of the provisions of this Section. | 20 |
| A person or entity who weighs goods before or after | 21 |
| unloading or a person or entity who loads or unloads goods on | 22 |
| the basis of liquid volume measure shall keep a written record | 23 |
| of the origin, weight and composition of each shipment, the | 24 |
| date of loading or receipt, the name and address of the | 25 |
| shipper, the total number of axles on the vehicle or | 26 |
| combination of vehicles, and the registration number of the |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| power unit or some other means of identification by which the | 2 |
| shipment was transported. The record shall be retained for 14 | 3 |
| days and shall be open to inspection and copying by law | 4 |
| enforcement officers, upon demand. No such warrant shall be | 5 |
| required for the inspection and copying of such records. | 6 |
| A person who fails to keep, maintain, or open for | 7 |
| inspection or copying, those documents as required in this | 8 |
| Section is guilty of a Class C misdemeanor and may be fined | 9 |
| $500. A person who does not accurately record the information | 10 |
| required to be contained in those documents required in this | 11 |
| section is guilty of a misdemeanor and may be fined $500. | 12 |
| (Source: P.A. 93-177, eff. 7-11-03; 93-186, eff. 1-1-04; | 13 |
| 93-1023, eff. 8-25-04; 94-464, eff. 1-1-06; 94-926, eff. | 14 |
| 1-1-07.)
| 15 |
| (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
| 16 |
| Sec. 15-112. Officers to weigh vehicles and require removal | 17 |
| of excess loads.
| 18 |
| (a) Any police officer having reason to believe that the | 19 |
| weight of a
vehicle and load is unlawful shall require the | 20 |
| driver to stop and submit
to a weighing of the same either by | 21 |
| means of a portable or stationary
scales that have been tested | 22 |
| and approved at a frequency prescribed by the
Illinois | 23 |
| Department of Agriculture, or for those scales operated by the | 24 |
| State,
when such tests are requested
by
the
Department of State | 25 |
| Police, whichever is more frequent.
If such scales are not |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| available at the
place where such vehicle
is stopped, the | 2 |
| police officer shall require that such vehicle be driven
to the | 3 |
| nearest available scale that has been tested and approved | 4 |
| pursuant to
this Section
by the
Illinois Department of | 5 |
| Agriculture. Notwithstanding any provisions of the
Weights and | 6 |
| Measures Act or the United States Department of Commerce NIST
| 7 |
| handbook 44, multi or single draft weighing is an acceptable | 8 |
| method of weighing
by law enforcement for determining a | 9 |
| violation of Chapter 3 or 15 of this Code.
Law enforcement is | 10 |
| exempt from the requirements of commercial weighing
| 11 |
| established in NIST handbook 44.
| 12 |
| Within 18 months after the effective date of this
| 13 |
| amendatory Act of the 91st General Assembly, all municipal and | 14 |
| county
officers,
technicians, and employees who set up and | 15 |
| operate portable scales for wheel
load or axle load or both and | 16 |
| issue citations based
on the use
of portable scales for wheel | 17 |
| load or axle load or both
and who have not successfully | 18 |
| completed initial classroom and field training
regarding the | 19 |
| set up and operation of portable scales, shall attend and
| 20 |
| successfully complete
initial classroom and field training | 21 |
| administered by the Illinois Law
Enforcement
Training | 22 |
| Standards Board.
| 23 |
| (b) Whenever an officer, upon weighing a vehicle and the | 24 |
| load,
determines that the weight is unlawful, such officer | 25 |
| shall require the
driver to stop the vehicle in a suitable | 26 |
| place and remain standing until
such portion of the load is |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| removed as may be necessary to reduce the
weight of the vehicle | 2 |
| to the limit permitted under this Chapter, or to
the limit | 3 |
| permitted under the terms of a permit issued pursuant to
| 4 |
| Sections 15-301 through 15-318 and shall forthwith
arrest the | 5 |
| driver or owner. All material so unloaded shall be cared for
by | 6 |
| the owner or operator of the vehicle at the risk of such owner | 7 |
| or operator;
however, whenever a 3 or 4 axle vehicle with a | 8 |
| tandem axle
dimension greater than 72 inches, but less than 96 | 9 |
| inches and registered as a
Special Hauling Vehicle is | 10 |
| transporting asphalt or concrete in the
plastic state that | 11 |
| exceeds axle weight or gross weight limits by less than
4,000 | 12 |
| pounds, the owner or operator of the vehicle shall accept the
| 13 |
| arrest ticket or tickets for the alleged violations under this | 14 |
| Section and
proceed without shifting or reducing the load being | 15 |
| transported or may shift or
reduce the load under the | 16 |
| provisions of subsection (d) or (e) of this Section,
when | 17 |
| applicable. Any fine imposed following an overweight violation | 18 |
| by a
vehicle registered as a Special Hauling Vehicle | 19 |
| transporting asphalt or
concrete in the plastic state shall be | 20 |
| paid as provided in subsection
4
of paragraph (a) of Section | 21 |
| 16-105 of this Code.
| 22 |
| (c) The Department of Transportation may, at the request of | 23 |
| the
Department of State Police, erect appropriate regulatory | 24 |
| signs on any
State highway directing second division vehicles | 25 |
| to a scale. The
Department of Transportation may also, at the | 26 |
| direction of any State Police
officer, erect portable |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| regulating signs on any highway directing second
division | 2 |
| vehicles to a portable scale. Every such
vehicle, pursuant to | 3 |
| such sign, shall stop and be weighed.
| 4 |
| (d) Whenever any axle load of a vehicle exceeds the axle or | 5 |
| tandem axle
weight limits permitted by paragraph (a) or (f) of | 6 |
| Section 15-111 by 2000
pounds or less, the owner or operator of | 7 |
| the vehicle must shift or
remove the excess so as to comply | 8 |
| with paragraph (a) or (f) of Section
15-111. No overweight | 9 |
| arrest ticket shall be issued to the owner or operator
of the | 10 |
| vehicle by any officer if the excess weight is shifted or
| 11 |
| removed as
required by this paragraph.
| 12 |
| (e) Whenever the gross weight of a vehicle with a | 13 |
| registered gross
weight of 80,000 73,280 pounds or less exceeds | 14 |
| the weight limits of paragraph
(b) or (f) of Section 15-111 of | 15 |
| this Chapter by 2000 pounds or less,
the owner or operator of | 16 |
| the vehicle must remove the excess. Whenever
the gross weight | 17 |
| of a vehicle with a registered gross weight of 80,000 73,281 | 18 |
| pounds
or more exceeds the weight limits of paragraph (b) or | 19 |
| (f) of Section 15-111
by 1,000 pounds or less or 2,000 pounds | 20 |
| or less if weighed on wheel load
weighers, the owner or | 21 |
| operator of the vehicle
must remove the excess. In either case | 22 |
| no arrest ticket for any
overweight violation of this Code | 23 |
| shall be issued to the owner or operator
of the vehicle by any | 24 |
| officer if the excess weight is removed as required
by this | 25 |
| paragraph.
A person who has been granted a special permit under | 26 |
| Section 15-301 of this
Code shall not be granted a tolerance on |
|
|
|
SB1291 |
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LRB095 08418 BDD 28592 b |
|
| 1 |
| wheel load weighers.
| 2 |
| (f) Whenever an axle load of a vehicle exceeds axle weight | 3 |
| limits
allowed by the provisions of a permit an arrest ticket | 4 |
| shall be issued,
but the owner or operator of the vehicle may | 5 |
| shift the load so as to
comply with the provisions of the | 6 |
| permit. Where such shifting of a load
to comply with the permit | 7 |
| is accomplished, the owner or operator of the
vehicle may then | 8 |
| proceed.
| 9 |
| (g) Any driver of a vehicle who refuses to stop and submit | 10 |
| his
vehicle and load to weighing after being directed to do so | 11 |
| by an officer
or removes or causes the removal of the load or | 12 |
| part of it prior to
weighing is guilty of a business offense | 13 |
| and shall be fined not less
than $500 nor more than $2,000.
| 14 |
| (Source: P.A. 91-129, eff. 7-16-99; 92-417, eff. 1-1-02.)
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
|
|