Full Text of HB2192 102nd General Assembly
HB2192 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB2192 Introduced 2/17/2021, by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/15-301 | from Ch. 95 1/2, par. 15-301 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning permits for excess size and weight.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 as follows:
| 6 | | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| 7 | | Sec. 15-301. Permits for for excess size and weight.
| 8 | | (a) The Department with respect to highways under its | 9 | | jurisdiction
and local authorities with respect to highways | 10 | | under their jurisdiction
may, in their discretion, upon | 11 | | application and good cause being shown
therefor, issue a | 12 | | special permit authorizing the applicant to operate or
move a | 13 | | vehicle or combination of vehicles of a size or weight of | 14 | | vehicle or
load exceeding the maximum specified in this Code | 15 | | or otherwise not in
conformity with this Code upon any highway | 16 | | under the jurisdiction of the
party granting such permit and | 17 | | for the maintenance of which the party is
responsible. | 18 | | Applications and permits other than those in written or
| 19 | | printed form may only be accepted from and issued to the | 20 | | company or
individual making the movement. Except for an | 21 | | application to move directly
across a highway, it shall be the | 22 | | duty of the applicant to establish in the
application that the | 23 | | load to be moved by such vehicle or combination cannot |
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| 1 | | reasonably be
dismantled or
disassembled, the reasonableness | 2 | | of which shall be determined by the Secretary of the | 3 | | Department. For the purpose of
over length movements,
more | 4 | | than one object may be carried side by side as long as the | 5 | | height, width,
and weight laws are not exceeded and the cause | 6 | | for the over length is not due
to multiple objects. For the | 7 | | purpose of over height movements, more than one
object may be | 8 | | carried as long as the cause for the over height is not due to
| 9 | | multiple objects and the length, width, and weight laws are | 10 | | not exceeded. For
the purpose of an over width movement, more | 11 | | than one object may be carried as
long as the cause for the | 12 | | over width is not due to multiple objects and length,
height, | 13 | | and weight laws are not exceeded. Except for transporting | 14 | | fluid milk products, no State or local agency shall
authorize | 15 | | the issuance of excess size or weight permits for vehicles and | 16 | | loads
that are divisible and that can be carried, when | 17 | | divided, within the existing
size or weight maximums specified | 18 | | in this Chapter. Any excess size or weight
permit issued in | 19 | | violation of the provisions of this Section shall be void at
| 20 | | issue and any movement made thereunder shall not be authorized | 21 | | under the terms
of the void permit. In any prosecution for a | 22 | | violation of this Chapter when
the authorization of an excess | 23 | | size or weight permit is at issue, it is the
burden of the | 24 | | defendant to establish that the permit was valid because the | 25 | | load
to be moved could not reasonably be dismantled or | 26 | | disassembled, or was
otherwise nondivisible.
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| 1 | | (a-1) As used in this Section, "extreme heavy duty tow and | 2 | | recovery vehicle" means a tow truck manufactured as a unit | 3 | | having a lifting capacity of not less than 50 tons, and having | 4 | | either 4 axles and an unladen weight of not more than 80,000 | 5 | | pounds or 5 axles and an unladen weight not more than 90,000 | 6 | | pounds. Notwithstanding otherwise applicable gross and axle | 7 | | weight limits, an extreme heavy duty tow and recovery vehicle | 8 | | may lawfully travel to and from the scene of a disablement and | 9 | | clear a disabled vehicle if the towing service has obtained an | 10 | | extreme heavy duty tow and recovery permit for the vehicle. | 11 | | The form and content of the permit shall be determined by the | 12 | | Department with respect to highways under its jurisdiction and | 13 | | by local authorities with respect to highways under their | 14 | | jurisdiction. | 15 | | (b) The application for any such permit shall: (1) state | 16 | | whether
such permit is requested for a single trip or for | 17 | | limited continuous
operation; (2) state if the applicant is an | 18 | | authorized carrier under the
Illinois Motor Carrier of | 19 | | Property Law, if so, his certificate,
registration, or permit | 20 | | number issued by the Illinois Commerce
Commission; (3) | 21 | | specifically describe and identify the vehicle or
vehicles and | 22 | | load to be operated or moved; (4) state the
routing requested, | 23 | | including the points of origin and destination, and may
| 24 | | identify and include a request for routing to the nearest | 25 | | certified scale
in accordance with the Department's rules and | 26 | | regulations, provided the
applicant has approval to travel on |
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| 1 | | local roads; and (5) state if the
vehicles or loads are being | 2 | | transported for hire. No permits for the
movement of a vehicle | 3 | | or load for hire shall be issued to any applicant who
is | 4 | | required under the Illinois Motor Carrier of Property Law to | 5 | | have a
certificate, registration, or permit and does not have | 6 | | such certificate,
registration, or permit.
| 7 | | (c) The Department or local authority when not | 8 | | inconsistent with
traffic safety is authorized to issue or | 9 | | withhold such permit at its
discretion; or, if such permit is | 10 | | issued at its discretion to prescribe
the route or routes to be | 11 | | traveled, to limit the number of trips, to
establish seasonal | 12 | | or other time limitations within which the vehicles
described | 13 | | may be operated on the highways indicated, or otherwise to
| 14 | | limit or prescribe conditions of operations of such vehicle or | 15 | | vehicles,
when necessary to assure against undue damage to the | 16 | | road foundations,
surfaces or structures, and may require such | 17 | | undertaking or other
security as may be deemed necessary to | 18 | | compensate for any injury to any
roadway or road structure. | 19 | | The Department shall maintain a daily record of
each permit | 20 | | issued along with the fee and the stipulated dimensions,
| 21 | | weights, conditions, and restrictions authorized and this | 22 | | record shall be
presumed correct in any case of questions or | 23 | | dispute. The Department shall
install an automatic device for | 24 | | recording applications received and permits
issued by | 25 | | telephone. In making application by telephone, the Department | 26 | | and
applicant waive all objections to the recording of the |
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| 1 | | conversation.
| 2 | | (d) The Department shall, upon application in writing from | 3 | | any local
authority, issue an annual permit authorizing the | 4 | | local authority to
move oversize highway construction, | 5 | | transportation, utility, and maintenance
equipment over roads | 6 | | under the jurisdiction of the Department. The permit
shall be | 7 | | applicable only to equipment and vehicles owned by or | 8 | | registered
in the name of the local authority, and no fee shall | 9 | | be charged for the
issuance of such permits.
| 10 | | (e) As an exception to subsection (a) of this Section, the | 11 | | Department
and local authorities, with respect to highways | 12 | | under their respective
jurisdictions, in their discretion and | 13 | | upon application in writing, may
issue a special permit for | 14 | | limited continuous operation, authorizing the
applicant to | 15 | | move loads of agricultural commodities on a 2-axle single
| 16 | | vehicle registered by the Secretary of State with axle loads | 17 | | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by | 18 | | the Secretary of State with axle loads
not to exceed 20%, and | 19 | | on a 5-axle vehicle registered by the
Secretary of State not to | 20 | | exceed 10% above those provided in Section 15-111. The total | 21 | | gross weight of the vehicle, however,
may not exceed the | 22 | | maximum gross weight of the registration class of the vehicle | 23 | | allowed under Section 3-815 or 3-818 of this Code. | 24 | | As used in this Section, "agricultural commodities"
means: | 25 | | (1) cultivated plants or agricultural produce grown,
| 26 | | including, but not limited to, corn, soybeans, wheat, |
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| 1 | | oats, grain sorghum, canola, and rice; | 2 | | (2) livestock, including, but not limited to, hogs, | 3 | | equine, sheep, and poultry; | 4 | | (3) ensilage; and | 5 | | (4) fruits and vegetables.
| 6 | | Permits may be issued for a
period not to exceed 40 days | 7 | | and moves may be made of a distance not to
exceed 50 miles from | 8 | | a field, an on-farm grain storage facility, a warehouse as | 9 | | defined in the Grain Code, or a livestock management facility | 10 | | as defined in the Livestock Management Facilities Act over any
| 11 | | highway except the National System of Interstate and Defense | 12 | | Highways. The operator of the vehicle,
however, must abide by | 13 | | posted bridge and posted highway weight limits. All implements | 14 | | of husbandry operating under this Section between sunset and | 15 | | sunrise shall be equipped as prescribed in Section 12-205.1.
| 16 | | (e-1) A special permit shall be issued by the Department | 17 | | under this Section and shall
be required from September 1 | 18 | | through December 31 for a vehicle that exceeds the maximum | 19 | | axle weight and gross weight limits under Section 15-111 of | 20 | | this Code or exceeds the vehicle's registered gross weight, | 21 | | provided that the vehicle's axle weight and gross weight do | 22 | | not exceed 10% above the maximum limits under Section 15-111 | 23 | | of this Code and does not exceed the vehicle's registered | 24 | | gross weight by 10%. All other restrictions that apply to | 25 | | permits issued under this Section shall apply during the | 26 | | declared time period and no fee shall be charged for the |
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| 1 | | issuance of those permits. Permits issued by the Department | 2 | | under this subsection (e-1) are only valid on federal and | 3 | | State highways under the jurisdiction of the Department, | 4 | | except interstate highways. With
respect to highways under the | 5 | | jurisdiction of local authorities, the local
authorities may, | 6 | | at their discretion, waive special permit requirements and set | 7 | | a divisible load weight limit not to exceed 10% above a | 8 | | vehicle's registered gross weight, provided that the vehicle's | 9 | | axle weight and gross weight do not exceed 10% above the | 10 | | maximum limits specified in Section 15-111. Permits issued | 11 | | under this subsection (e-1) shall apply to all registered | 12 | | vehicles
eligible to obtain permits under this Section, | 13 | | including vehicles used in private or for-hire movement of | 14 | | divisible load agricultural commodities during the declared | 15 | | time period.
| 16 | | (f) The form and content of the permit shall be determined | 17 | | by the
Department with respect to highways under its | 18 | | jurisdiction and by local
authorities with respect to highways | 19 | | under their jurisdiction. Every permit
shall be in written | 20 | | form and carried in the vehicle or combination of
vehicles to | 21 | | which it refers and shall be open to inspection by any
police | 22 | | officer or authorized agent of any authority granting the | 23 | | permit
and no person shall violate any of the terms or | 24 | | conditions of such
special permit. Violation of the terms and | 25 | | conditions of the permit
shall not be deemed a revocation of | 26 | | the permit; however, any vehicle and load
found to be off the |
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| 1 | | route prescribed in the permit shall be held to be
operating | 2 | | without a permit. Any off-route vehicle and load shall be | 3 | | required
to obtain a new permit or permits, as necessary, to | 4 | | authorize the movement back
onto the original permit routing. | 5 | | No rule or regulation, nor anything herein,
shall be construed | 6 | | to authorize any police officer, court, or authorized agent
of | 7 | | any authority granting the permit to remove the permit from | 8 | | the possession
of the permittee unless the permittee is | 9 | | charged with a fraudulent permit
violation as provided in | 10 | | subsection (i). However, upon arrest for an offense of
| 11 | | violation of permit, operating without a permit when the | 12 | | vehicle is off route,
or any size or weight offense under this | 13 | | Chapter when the permittee plans to
raise the issuance of the | 14 | | permit as a defense, the permittee, or his agent,
must produce | 15 | | the permit at any court hearing concerning the alleged | 16 | | offense.
| 17 | | If the permit designates and includes a routing to a | 18 | | certified scale, the permittee, while en route to the | 19 | | designated scale, shall be deemed in compliance
with the | 20 | | weight provisions of the permit provided the axle or gross | 21 | | weights
do not exceed any of the permitted limits by more than | 22 | | the following amounts:
| 23 | | Single axle 2000 pounds
| 24 | | Tandem axle 3000 pounds
| 25 | | Gross 5000 pounds
| 26 | | (g) The Department is authorized to adopt, amend, and make
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| 1 | | available to interested persons a policy concerning reasonable | 2 | | rules,
limitations and conditions or provisions of operation | 3 | | upon highways
under its jurisdiction in addition to those | 4 | | contained in this Section
for the movement by special permit | 5 | | of vehicles, combinations, or loads
which cannot reasonably be | 6 | | dismantled or disassembled, including
manufactured and modular | 7 | | home sections and portions thereof. All rules,
limitations and | 8 | | conditions or provisions adopted in the policy shall
have due | 9 | | regard for the safety of the traveling public and the | 10 | | protection
of the highway system and shall have been | 11 | | promulgated in conformity with
the provisions of the Illinois | 12 | | Administrative Procedure Act. The
requirements of the policy | 13 | | for flagmen and escort vehicles shall be the
same for all moves | 14 | | of comparable size and weight. When escort vehicles are
| 15 | | required, they shall meet the following requirements:
| 16 | | (1) All operators shall be 18 years of age or over and | 17 | | properly
licensed to operate the vehicle.
| 18 | | (2) Vehicles escorting oversized loads more than 12 | 19 | | feet wide must
be equipped with a rotating or flashing | 20 | | amber light mounted on top as specified
under Section | 21 | | 12-215.
| 22 | | The Department shall establish reasonable rules and | 23 | | regulations
regarding liability insurance or self insurance | 24 | | for vehicles with
oversized loads promulgated under the | 25 | | Illinois Administrative Procedure
Act. Police vehicles may be | 26 | | required for escort under circumstances as
required by rules |
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| 1 | | and regulations of the Department.
| 2 | | (h) Violation of any rule, limitation or condition or | 3 | | provision of
any permit issued in accordance with the | 4 | | provisions of this Section
shall not render the entire permit | 5 | | null and void but the violator shall
be deemed guilty of | 6 | | violation of permit and guilty of exceeding any size,
weight, | 7 | | or load limitations in excess of those authorized by the | 8 | | permit.
The prescribed route or routes on the permit are not | 9 | | mere rules, limitations,
conditions, or provisions of the | 10 | | permit, but are also the sole extent of the
authorization | 11 | | granted by the permit. If a vehicle and load are found to be
| 12 | | off the route or routes prescribed by any permit authorizing | 13 | | movement,
the vehicle and load are operating without a permit. | 14 | | Any off-route movement
shall be subject to the size and weight | 15 | | maximums, under the applicable
provisions of this Chapter, as | 16 | | determined by the type or class highway upon
which the vehicle | 17 | | and load are being operated.
| 18 | | (i) Whenever any vehicle is operated or movement made | 19 | | under a
fraudulent permit, the permit shall be void, and the | 20 | | person, firm, or
corporation to whom such permit was granted, | 21 | | the driver of such vehicle
in addition to the person who issued | 22 | | such permit and any accessory,
shall be guilty of fraud and | 23 | | either one or all persons may be prosecuted
for such | 24 | | violation. Any person, firm, or corporation committing such
| 25 | | violation shall be guilty of a Class 4 felony and the | 26 | | Department shall
not issue permits to the person, firm, or |
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| 1 | | corporation convicted of such
violation for a period of one | 2 | | year after the date of conviction.
Penalties for violations of | 3 | | this Section shall be in addition to any
penalties imposed for | 4 | | violation of other Sections of this Code.
| 5 | | (j) Whenever any vehicle is operated or movement made in | 6 | | violation
of a permit issued in accordance with this Section, | 7 | | the person to whom
such permit was granted, or the driver of | 8 | | such vehicle, is guilty of
such violation and either, but not | 9 | | both, persons may be prosecuted for
such violation as stated | 10 | | in this subsection (j). Any person, firm, or
corporation | 11 | | convicted of such violation shall be guilty of a petty
offense | 12 | | and shall be fined, for the first offense, not less than $50 | 13 | | nor
more than $200 and, for the second offense by the same | 14 | | person, firm, or
corporation within a period of one year, not | 15 | | less than $200 nor more
than $300 and, for the third offense by | 16 | | the same person, firm, or
corporation within a period of one | 17 | | year after the date of the first
offense, not less than $300 | 18 | | nor more than $500 and the Department may, in its discretion, | 19 | | not issue permits to the person, firm, or corporation | 20 | | convicted of a
third offense during a period of one year after | 21 | | the date of conviction or supervision
for such third offense. | 22 | | If any violation is the cause or contributing cause in a motor | 23 | | vehicle accident causing damage to property, injury, or death | 24 | | to a person, the Department may, in its discretion, not issue a | 25 | | permit to the person, firm, or corporation for a period of one | 26 | | year after the date of conviction or supervision for the |
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| 1 | | offense.
| 2 | | (k) Whenever any vehicle is operated on local roads under | 3 | | permits
for excess width or length issued by local | 4 | | authorities, such vehicle may
be moved upon a State highway | 5 | | for a distance not to exceed one-half mile
without a permit for | 6 | | the purpose of crossing the State highway.
| 7 | | (l) Notwithstanding any other provision of this Section, | 8 | | the Department,
with respect to highways under its | 9 | | jurisdiction, and local authorities, with
respect to highways | 10 | | under their jurisdiction, may at their discretion authorize
| 11 | | the movement of a vehicle in violation of any size or weight | 12 | | requirement, or
both, that would not ordinarily be eligible | 13 | | for a permit, when there is a
showing of extreme necessity that | 14 | | the vehicle and load should be moved without
unnecessary | 15 | | delay.
| 16 | | For the purpose of this subsection, showing of extreme | 17 | | necessity shall be
limited to the following: shipments of | 18 | | livestock, hazardous materials, liquid
concrete being hauled | 19 | | in a mobile cement mixer, or hot asphalt.
| 20 | | (m) Penalties for violations of this Section shall be in | 21 | | addition to any
penalties imposed for violating any other | 22 | | Section of this Code.
| 23 | | (n) The Department with respect to highways under its | 24 | | jurisdiction and
local
authorities with respect to highways | 25 | | under their jurisdiction, in their
discretion and upon
| 26 | | application in writing, may issue a special permit for |
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| 1 | | continuous limited
operation,
authorizing the applicant to | 2 | | operate a tow truck that exceeds the weight limits
provided
| 3 | | for in subsection (a) 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 | | (2.1) no triple rear axle on a manufactured recovery | 9 | | unit exceeds 60,000
pounds; | 10 | | (3) neither the disabled vehicle nor the disabled | 11 | | combination of vehicles
exceed the
weight restrictions | 12 | | imposed by this Chapter 15, or the weight limits imposed
| 13 | | under a
permit issued by the Department prior to hookup;
| 14 | | (4) the tow truck prior to hookup does not exceed the | 15 | | weight restrictions
imposed
by this Chapter 15;
| 16 | | (5) during the tow operation the tow truck does not | 17 | | violate any weight
restriction
sign;
| 18 | | (6) the tow truck is equipped with flashing, rotating, | 19 | | or oscillating
amber
lights,
visible for at least 500 feet | 20 | | in all directions;
| 21 | | (7) the tow truck is specifically designed and | 22 | | licensed as a tow truck;
| 23 | | (8) the tow truck has a gross vehicle weight rating of | 24 | | sufficient
capacity to safely
handle the load;
| 25 | | (9) the tow truck is equipped with air brakes;
| 26 | | (10) the tow truck is capable of utilizing the |
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| 1 | | lighting and braking
systems of the
disabled vehicle or | 2 | | combination of vehicles;
| 3 | | (11) the tow commences at the initial point of wreck | 4 | | or disablement and terminates at a point where the repairs | 5 | | are actually to occur;
| 6 | | (12) the permit issued to the tow truck is carried in | 7 | | the tow truck
and
exhibited on demand by a police officer; | 8 | | and
| 9 | | (13) the movement shall be valid only on State routes | 10 | | approved by the
Department.
| 11 | | (o) (Blank).
| 12 | | (p) In determining whether a load may be reasonably | 13 | | dismantled or disassembled for the purpose of subsection (a), | 14 | | the Department shall consider whether there is a significant | 15 | | negative impact on the condition of the pavement and | 16 | | structures along the proposed route, whether the load or | 17 | | vehicle as proposed causes a safety hazard to the traveling | 18 | | public, whether dismantling or disassembling the load promotes | 19 | | or stifles economic development, and whether the proposed | 20 | | route travels less than 5 miles. A load is not required to be | 21 | | dismantled or disassembled for the purposes of subsection (a) | 22 | | if the Secretary of the Department determines there will be no | 23 | | significant negative impact to pavement or structures along | 24 | | the proposed route, the proposed load or vehicle causes no | 25 | | safety hazard to the traveling public, dismantling or | 26 | | disassembling the load does not promote economic development, |
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| 1 | | and the proposed route travels less than 5 miles.
The | 2 | | Department may promulgate rules for the purpose of | 3 | | establishing the divisibility of a load pursuant to subsection | 4 | | (a). Any load determined by the Secretary to be nondivisible | 5 | | shall otherwise comply with the existing size or weight | 6 | | maximums specified in this Chapter. | 7 | | (Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19; | 8 | | 100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff. | 9 | | 1-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20 .)
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