Full Text of HB0031 95th General Assembly
HB0031eng 95TH GENERAL ASSEMBLY
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| AN ACT concerning transportation.
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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 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 3-812, 3-815, 3-818, 15-102, 15-111, 15-112, and | 6 |
| 15-301 as follows:
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| (625 ILCS 5/3-812) (from Ch. 95 1/2, par. 3-812)
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| Sec. 3-812. Vehicles with Permanently Mounted Equipment - | 9 |
| Registration
Fees. Vehicles having permanently mounted | 10 |
| equipment thereon used exclusively
by the owner for the | 11 |
| transporting of such permanently mounted equipment and
tools | 12 |
| and equipment to be used incidentally in the work to be | 13 |
| performed with
the permanently mounted equipment and provided | 14 |
| such vehicle is not used for
hire shall be registered upon the | 15 |
| filing of a proper application and the
payment of a | 16 |
| registration fee based upon a rate of $45
per year (or fraction | 17 |
| of a year) for each 10,000 pounds (or portion thereof)
of the | 18 |
| gross weight of such motor vehicle and equipment, according to
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| the following table of fees:
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| SCHEDULE OF FEES REQUIRED BY LAW
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21 | | Gross Weight in Lbs. |
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22 | | Including Vehicle and |
Total |
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23 | | Equipment |
Annual Fees |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 | | 10,000 lbs. and less |
$45 |
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2 | | 10,001 lbs. to 20,000 lbs. |
90 |
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3 | | 20,001 lbs. to 30,000 lbs. |
135 |
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4 | | 30,001 lbs. to 40,000 lbs. |
180 |
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5 | | 40,001 lbs. to 50,000 lbs. |
225 |
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6 | | 50,001 lbs. to 60,000 lbs. |
270 |
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7 | | 60,001 lbs. to 70,000 lbs. |
315 |
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8 | | 70,001 lbs. to 73,280 lbs. |
340 |
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9 | | 73,281 lbs. to 80,400
80,000 lbs. |
385 |
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10 |
| (Source: P.A. 91-37, eff. 7-1-99 .)
| 11 |
| (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
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| Sec. 3-815. Flat weight tax; vehicles of the second | 13 |
| division.
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| (a) Except
as provided in Section 3-806.3, every owner
of a | 15 |
| vehicle of the second division registered under Section 3-813, | 16 |
| and
not registered under the mileage weight tax under Section | 17 |
| 3-818, shall
pay to the Secretary of State, for each | 18 |
| registration year, for the use
of the public highways, a flat | 19 |
| weight tax at the rates set forth in the
following table, the | 20 |
| rates including the $10 registration fee:
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| SCHEDULE OF FLAT WEIGHT TAX
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| REQUIRED BY LAW
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23 | | Gross Weight in Lbs. |
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Total Fees |
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24 | | Including Vehicle |
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each Fiscal |
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25 | | and Maximum |
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year |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 | | Load |
Class |
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2 | | 8,000 lbs. and less |
B |
$78 |
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3 | | 8,001 lbs. to 12,000 lbs. |
D |
138 |
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4 | | 12,001 lbs. to 16,000 lbs. |
F |
242 |
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5 | | 16,001 lbs. to 26,000 lbs. |
H |
490 |
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6 | | 26,001 lbs. to 28,000 lbs. |
J |
630 |
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7 | | 28,001 lbs. to 32,000 lbs. |
K |
842 |
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8 | | 32,001 lbs. to 36,000 lbs. |
L |
982 |
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9 | | 36,001 lbs. to 40,000 lbs. |
N |
1,202 |
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10 | | 40,001 lbs. to 45,000 lbs. |
P |
1,390 |
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11 | | 45,001 lbs. to 50,000 lbs. |
Q |
1,538 |
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12 | | 50,001 lbs. to 54,999 lbs. |
R |
1,698 |
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13 | | 55,000 lbs. to 59,500 lbs. |
S |
1,830 |
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14 | | 59,501 lbs. to 64,000 lbs. |
T |
1,970 |
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15 | | 64,001 lbs. to 73,280 lbs. |
V |
2,294 |
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16 | | 73,281 lbs. to 77,000 lbs. |
X |
2,622 |
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17 | | 77,001 lbs. to 80,400
80,000 lbs. |
Z |
2,790 |
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| (a-1) A Special Hauling Vehicle is a vehicle or combination | 19 |
| of vehicles of
the second
division registered under Section | 20 |
| 3-813 transporting asphalt or concrete in the
plastic state or | 21 |
| a vehicle or combination of vehicles that are subject to the
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| gross weight limitations in subsection (b) of Section 15-111 | 23 |
| for which the
owner of the
vehicle or combination of vehicles | 24 |
| has elected to pay, in addition to the
registration fee in | 25 |
| subsection (a), $125 to the Secretary of State
for each
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| registration year. The Secretary shall designate this class of |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| vehicle as
a Special Hauling Vehicle.
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| (b) Except as provided in Section 3-806.3, every camping | 3 |
| trailer,
motor home, mini motor home, travel trailer, truck | 4 |
| camper or van camper
used primarily for recreational purposes, | 5 |
| and not used commercially, nor
for hire, nor owned by a | 6 |
| commercial business, may be registered for each
registration | 7 |
| year upon the filing of a proper application and the payment
of | 8 |
| a registration fee and highway use tax, according to the | 9 |
| following table of
fees:
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| MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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11 | | Gross Weight in Lbs. |
Total Fees |
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12 | | Including Vehicle and |
Each |
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13 | | Maximum Load |
Calendar Year |
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14 | | 8,000 lbs and less |
$78 |
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15 | | 8,001 Lbs. to 10,000 Lbs |
90 |
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16 | | 10,001 Lbs. and Over |
102 |
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17 |
| CAMPING TRAILER OR TRAVEL TRAILER
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18 | | Gross Weight in Lbs. |
Total Fees |
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19 | | Including Vehicle and |
Each |
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20 | | Maximum Load |
Calendar Year |
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21 | | 3,000 Lbs. and Less |
$18 |
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22 | | 3,001 Lbs. to 8,000 Lbs. |
30 |
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23 | | 8,001 Lbs. to 10,000 Lbs. |
38 |
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24 | | 10,001 Lbs. and Over |
50 |
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25 |
| Every house trailer must be registered under Section 3-819.
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| (c) Farm Truck. Any truck used exclusively for the owner's |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| own
agricultural, horticultural or livestock raising | 2 |
| operations and
not-for-hire only, or any truck used only in the | 3 |
| transportation for-hire
of seasonal, fresh, perishable fruit | 4 |
| or vegetables from farm to the
point of first processing,
may | 5 |
| be registered by the owner under this paragraph in lieu of
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| registration under paragraph (a), upon filing of a proper | 7 |
| application
and the payment of the $10 registration fee and the | 8 |
| highway use tax
herein specified as follows:
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| SCHEDULE OF FEES AND TAXES
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10 | | Gross Weight in Lbs. |
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Total Amount for |
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11 | | Including Truck and |
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each |
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12 | | Maximum Load |
Class |
Fiscal Year |
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13 | | 16,000 lbs. or less |
VF |
$150 |
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14 | | 16,001 to 20,000 lbs. |
VG |
226 |
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15 | | 20,001 to 24,000 lbs. |
VH |
290 |
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16 | | 24,001 to 28,000 lbs. |
VJ |
378 |
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17 | | 28,001 to 32,000 lbs. |
VK |
506 |
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18 | | 32,001 to 36,000 lbs. |
VL |
610 |
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19 | | 36,001 to 45,000 lbs. |
VP |
810 |
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20 | | 45,001 to 54,999 lbs. |
VR |
1,026 |
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21 | | 55,000 to 64,000 lbs. |
VT |
1,202 |
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22 | | 64,001 to 73,280 lbs. |
VV |
1,290 |
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23 | | 73,281 to 77,000 lbs. |
VX |
1,350 |
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24 | | 77,001 to 80,400
80,000 lbs. |
VZ |
1,490 |
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25 |
| In the event the Secretary of State revokes a farm truck | 26 |
| registration
as authorized by law, the owner shall pay the flat |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| weight tax due
hereunder before operating such truck.
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| Any combination of vehicles having 5 axles, with a distance | 3 |
| of 42 feet or
less between extreme axles, that are subject to | 4 |
| the weight limitations in
subsection (a) and (b) of Section | 5 |
| 15-111 for which the owner of the combination
of
vehicles has | 6 |
| elected to pay, in addition to the registration fee in | 7 |
| subsection
(c), $125 to the Secretary of State for each | 8 |
| registration year
shall be designated by the Secretary as a | 9 |
| Special Hauling Vehicle.
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| (d) The number of axles necessary to carry the maximum load | 11 |
| provided
shall be determined from Chapter 15 of this Code.
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| (e) An owner may only apply for and receive 5 farm truck
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| registrations, and only 2 of those 5 vehicles shall exceed | 14 |
| 59,500 gross
weight in pounds per vehicle.
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| (f) Every person convicted of violating this Section by | 16 |
| failure to pay
the appropriate flat weight tax to the Secretary | 17 |
| of State as set forth in
the above tables shall be punished as | 18 |
| provided for in Section 3-401.
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| (Source: P.A. 91-37, eff. 7-1-99 .)
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| (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
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| Sec. 3-818. (a) Mileage weight tax option. Any owner of a | 22 |
| vehicle of
the second division may elect to pay a mileage | 23 |
| weight tax for such vehicle
in lieu of the flat weight tax set | 24 |
| out in Section 3-815. Such election
shall be binding to the end | 25 |
| of the registration year. Renewal of this
election must be |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| filed with the Secretary of State on or before July 1
of each | 2 |
| registration period. In such event the owner shall, at the time
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| of making such election, pay the $10 registration fee and the | 4 |
| minimum
guaranteed mileage weight tax, as hereinafter | 5 |
| provided, which payment
shall permit the owner to operate that | 6 |
| vehicle the maximum mileage in
this State hereinafter set | 7 |
| forth. Any vehicle being operated on
mileage plates cannot be | 8 |
| operated outside of this State. In addition
thereto, the owner | 9 |
| of that vehicle shall pay a mileage weight tax at the
following | 10 |
| rates for each mile traveled in this State in excess of the
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| maximum mileage provided under the minimum guaranteed basis:
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| BUS, TRUCK OR TRUCK TRACTOR
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13 | | |
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Maximum |
Mileage |
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14 | | |
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Minimum |
Mileage |
Weight Tax |
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15 | | |
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Guaranteed |
Permitted |
for Mileage |
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16 | | Gross Weight |
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Mileage |
Under |
in excess of |
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17 | | Vehicle and |
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Weight |
Guaranteed |
Guaranteed |
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18 | | Load |
Class |
Tax |
Tax |
Mileage |
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19 | | 12,000 lbs. or less |
MD |
$73 |
5,000 |
26 Mills |
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20 | | 12,001 to 16,000 lbs. |
MF |
120 |
6,000 |
34 Mills |
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21 | | 16,001 to 20,000 lbs. |
MG |
180 |
6,000 |
46 Mills |
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22 | | 20,001 to 24,000 lbs. |
MH |
235 |
6,000 |
63 Mills |
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23 | | 24,001 to 28,000 lbs. |
MJ |
315 |
7,000 |
63 Mills |
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24 | | 28,001 to 32,000 lbs. |
MK |
385 |
7,000 |
83 Mills |
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25 | | 32,001 to 36,000 lbs. |
ML |
485 |
7,000 |
99 Mills |
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26 | | 36,001 to 40,000 lbs. |
MN |
615 |
7,000 |
128 Mills |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 | | 40,001 to 45,000 lbs. |
MP |
695 |
7,000 |
139 Mills |
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2 | | 45,001 to 54,999 lbs. |
MR |
853 |
7,000 |
156 Mills |
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3 | | 55,000 to 59,500 lbs. |
MS |
920 |
7,000 |
178 Mills |
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4 | | 59,501 to 64,000 lbs. |
MT |
985 |
7,000 |
195 Mills |
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5 | | 64,001 to 73,280 lbs. |
MV |
1,173 |
7,000 |
225 Mills |
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6 | | 73,281 to 77,000 lbs. |
MX |
1,328 |
7,000 |
258 Mills |
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7 | | 77,001 to 80,400
80,000
| 8 | | lbs. |
MZ |
1,415 |
7,000 |
275 Mills |
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9 |
| TRAILER
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10 | | |
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Maximum |
Mileage |
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11 | | |
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Minimum |
Mileage |
Weight Tax |
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12 | | |
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Guaranteed |
Permitted |
for Mileage |
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13 | | Gross Weight |
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Mileage |
Under |
in excess of |
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14 | | Vehicle and |
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Weight |
Guaranteed |
Guaranteed |
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15 | | Load |
Class |
Tax |
Tax |
Mileage |
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16 | | 14,000 lbs. or less |
ME |
$75 |
5,000 |
31 Mills |
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17 | | 14,001 to 20,000 lbs. |
MF |
135 |
6,000 |
36 Mills |
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18 | | 20,001 to 36,000 lbs. |
ML |
540 |
7,000 |
103 Mills |
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19 | | 36,001 to 40,000 lbs. |
MM |
750 |
7,000 |
150 Mills |
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20 |
| (a-1) A Special Hauling Vehicle is a vehicle or combination | 21 |
| of vehicles of
the second
division registered under Section | 22 |
| 3-813 transporting asphalt or concrete in the
plastic state or | 23 |
| a vehicle or combination of vehicles that are subject to the
| 24 |
| gross weight limitations in subsection (b) of Section 15-111 | 25 |
| for which the
owner of the
vehicle or combination of vehicles | 26 |
| has elected to pay, in addition to the
registration fee in |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 |
| subsection (a), $125 to the Secretary of State
for each
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| registration year. The Secretary shall designate this class of | 3 |
| vehicle as
a Special Hauling Vehicle.
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| In preparing rate schedules on registration applications, | 5 |
| the Secretary
of State shall add to the above rates, the $10 | 6 |
| registration fee. The
Secretary may decline to accept any | 7 |
| renewal filed after July 1st.
| 8 |
| The number of axles necessary to carry the maximum load | 9 |
| provided
shall be determined from Chapter 15 of this Code.
| 10 |
| Every owner of a second division motor vehicle for which he | 11 |
| has
elected to pay a mileage weight tax shall keep a daily | 12 |
| record upon forms
prescribed by the Secretary of State, showing | 13 |
| the mileage covered by
that vehicle in this State. Such record | 14 |
| shall contain the license number
of the vehicle and the miles | 15 |
| traveled by the vehicle in this State for
each day of the | 16 |
| calendar month. Such owner shall also maintain records
of fuel | 17 |
| consumed by each such motor vehicle and fuel purchases | 18 |
| therefor.
On or before the 10th day of July the owner
shall | 19 |
| certify to the Secretary of State upon forms prescribed | 20 |
| therefor,
summaries of his daily records which shall show the | 21 |
| miles traveled by
the vehicle in this State during the | 22 |
| preceding 12 months and such other
information as the Secretary | 23 |
| of State may require. The daily record and
fuel records shall | 24 |
| be filed, preserved and available for audit for a
period of 3 | 25 |
| years. Any owner filing a return hereunder shall certify
that | 26 |
| such return is a true, correct and complete return. Any person |
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 |
| who
willfully makes a false return hereunder is guilty of | 2 |
| perjury and shall
be punished in the same manner and to the | 3 |
| same extent as is provided
therefor.
| 4 |
| At the time of filing his return, each owner shall pay to | 5 |
| the
Secretary of State the proper amount of tax at the rate | 6 |
| herein imposed.
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| Every owner of a vehicle of the second division who elects | 8 |
| to pay on
a mileage weight tax basis and who operates the | 9 |
| vehicle within this
State, shall file with the Secretary of | 10 |
| State a bond in the amount of
$500. The bond shall be in a form | 11 |
| approved by the Secretary of State and with
a surety company
| 12 |
| approved by the Illinois Department of Insurance to transact
| 13 |
| business in this State as surety, and shall be conditioned upon | 14 |
| such
applicant's paying to the State of Illinois all money | 15 |
| becoming
due by
reason of the operation of the second division | 16 |
| vehicle in this State,
together with all penalties and interest | 17 |
| thereon.
| 18 |
| Upon notice from the Secretary that the registrant has | 19 |
| failed to pay the
excess mileage fees, the surety shall | 20 |
| immediately pay the fees together with
any penalties and | 21 |
| interest thereon in an amount not to exceed the limits of the
| 22 |
| bond.
| 23 |
| (Source: P.A. 94-239, eff. 1-1-06.)
| 24 |
| (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
| 25 |
| Sec. 15-102. Width of Vehicles.
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 |
| (a) On Class III and non-designated State and local | 2 |
| highways, the total
outside width of any vehicle or load | 3 |
| thereon shall not exceed 8 feet.
| 4 |
| (b) Except during those times when, due to insufficient | 5 |
| light or unfavorable
atmospheric conditions, persons and | 6 |
| vehicles on the highway are not clearly
discernible at a | 7 |
| distance of 1000 feet, the following vehicles may exceed
the 8 | 8 |
| feet limitation during the period from a half hour before
| 9 |
| sunrise to a half hour after sunset:
| 10 |
| (1) Loads of hay, straw or other similar farm products | 11 |
| provided that the
load is not more than 12 feet wide.
| 12 |
| (2) Implements of husbandry being transported on | 13 |
| another vehicle and the
transporting vehicle while loaded.
| 14 |
| The following requirements apply to the transportation | 15 |
| on another vehicle
of an implement of husbandry wider than | 16 |
| 8 feet 6 inches on the National System
of Interstate and | 17 |
| Defense Highways or other highways in the system of State
| 18 |
| highways:
| 19 |
| (A) The driver of a vehicle transporting an | 20 |
| implement of husbandry
that exceeds 8 feet 6 inches in | 21 |
| width shall obey all traffic laws and shall
check the | 22 |
| roadways prior to making a movement in order to ensure | 23 |
| that adequate
clearance is available for the movement. | 24 |
| It is prima facie evidence that the
driver of a vehicle | 25 |
| transporting an implement of husbandry has failed to | 26 |
| check
the roadway prior to making a movement if the |
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|
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 |
| vehicle is involved in a
collision with a bridge, | 2 |
| overpass, fixed structure, or properly placed traffic
| 3 |
| control device or if the vehicle blocks traffic due
to | 4 |
| its inability to proceed because of a bridge, overpass, | 5 |
| fixed structure, or
properly placed traffic control | 6 |
| device.
| 7 |
| (B) Flags shall be displayed so as to wave freely | 8 |
| at the extremities of
overwidth objects and at the | 9 |
| extreme ends of all protrusions, projections, and
| 10 |
| overhangs. All flags shall be clean, bright red flags | 11 |
| with no advertising,
wording, emblem, or insignia | 12 |
| inscribed upon them and at least 18 inches square.
| 13 |
| (C) "OVERSIZE LOAD" signs are mandatory on the | 14 |
| front and rear of all
vehicles with loads over 10 feet | 15 |
| wide. These signs must have 12-inch high
black letters | 16 |
| with a 2-inch stroke on a yellow sign that is 7 feet | 17 |
| wide by 18
inches high.
| 18 |
| (D) One civilian escort vehicle is required for a | 19 |
| load that exceeds 14
feet 6 inches in width and 2 | 20 |
| civilian escort vehicles are required for a
load that | 21 |
| exceeds 16 feet in width on the National System of | 22 |
| Interstate and
Defense Highways or other highways in | 23 |
| the system of State highways.
| 24 |
| (E) The requirements for a civilian escort vehicle | 25 |
| and driver are as
follows:
| 26 |
| (1) The civilian escort vehicle shall be a |
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|
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HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
|
| 1 |
| passenger car or a second
division vehicle not | 2 |
| exceeding a gross vehicle weight of 8,000 pounds | 3 |
| that is
designed to afford clear and unobstructed | 4 |
| vision to both front and rear.
| 5 |
| (2) The escort vehicle driver must be properly | 6 |
| licensed to operate
the vehicle.
| 7 |
| (3) While in use, the escort vehicle must be | 8 |
| equipped with illuminated
rotating, oscillating, | 9 |
| or flashing amber lights or flashing amber strobe | 10 |
| lights
mounted on top that are of sufficient | 11 |
| intensity to be visible at 500 feet in
normal | 12 |
| sunlight.
| 13 |
| (4) "OVERSIZE LOAD" signs are mandatory on all | 14 |
| escort vehicles. The
sign on an escort vehicle | 15 |
| shall have 8-inch high black letters on a yellow
| 16 |
| sign that is 5 feet wide by 12 inches high.
| 17 |
| (5) When only one escort vehicle is required | 18 |
| and it is operating on a
two-lane highway, the | 19 |
| escort vehicle shall travel approximately 300 feet | 20 |
| ahead
of the load. The rotating, oscillating, or | 21 |
| flashing lights or flashing amber
strobe lights | 22 |
| and an "OVERSIZE LOAD" sign shall be displayed on | 23 |
| the escort
vehicle and shall be visible from the | 24 |
| front. When only one escort vehicle is
required and | 25 |
| it is operating on a multilane divided highway, the | 26 |
| escort vehicle
shall travel approximately 300 feet |
|
|
|
HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
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| 1 |
| behind the load and the sign and lights
shall be | 2 |
| visible from the rear.
| 3 |
| (6) When 2 escort vehicles are required, one | 4 |
| escort shall travel
approximately 300 feet ahead | 5 |
| of the load and the second escort shall travel
| 6 |
| approximately 300 feet behind the load. The | 7 |
| rotating, oscillating, or flashing
lights or | 8 |
| flashing amber strobe lights and an "OVERSIZE | 9 |
| LOAD" sign shall be
displayed on the escort | 10 |
| vehicles and shall be visible from the front on the
| 11 |
| lead escort and from the rear on the trailing | 12 |
| escort.
| 13 |
| (7) When traveling within the corporate limits | 14 |
| of a municipality, the
escort vehicle shall | 15 |
| maintain a reasonable and proper distance from the
| 16 |
| oversize load, consistent with existing traffic | 17 |
| conditions.
| 18 |
| (8) A separate escort shall be provided for | 19 |
| each load hauled.
| 20 |
| (9) The driver of an escort vehicle shall obey | 21 |
| all traffic laws.
| 22 |
| (10) The escort vehicle must be in safe | 23 |
| operational condition.
| 24 |
| (11) The driver of the escort vehicle must be | 25 |
| in radio contact with
the driver of the vehicle | 26 |
| carrying the oversize load.
|
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HB0031 Engrossed |
- 15 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| (F) A transport vehicle while under load of more | 2 |
| than 8 feet 6 inches
in width must be equipped with an | 3 |
| illuminated rotating, oscillating, or
flashing amber | 4 |
| light or lights or a flashing amber strobe light or | 5 |
| lights
mounted on the top of the cab that are of | 6 |
| sufficient intensity to be visible at
500 feet in | 7 |
| normal sunlight. If the load on the transport vehicle | 8 |
| blocks the
visibility of the amber lighting from the | 9 |
| rear of the vehicle, the vehicle must
also be equipped | 10 |
| with an illuminated rotating, oscillating, or flashing | 11 |
| amber
light or lights or a flashing amber strobe light | 12 |
| or lights mounted on the rear
of the load that are of | 13 |
| sufficient intensity to be visible at 500 feet in
| 14 |
| normal sunlight.
| 15 |
| (G) When a flashing amber light is required on the | 16 |
| transport vehicle
under load and it is operating on a | 17 |
| two-lane highway, the transport vehicle
shall display | 18 |
| to the rear at least one rotating, oscillating, or | 19 |
| flashing light
or a flashing amber strobe light and an | 20 |
| "OVERSIZE LOAD" sign. When a flashing
amber light is | 21 |
| required on the transport vehicle under load and it is | 22 |
| operating
on a multilane divided highway, the sign and | 23 |
| light shall be visible from the
rear.
| 24 |
| (H) Maximum speed shall be 45 miles per hour on all | 25 |
| such moves or 5
miles per hour above the posted minimum | 26 |
| speed limit, whichever is greater, but
the vehicle |
|
|
|
HB0031 Engrossed |
- 16 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| shall not at any time exceed the posted maximum speed | 2 |
| limit.
| 3 |
| (3) Portable buildings designed and used for | 4 |
| agricultural and livestock
raising operations that are not | 5 |
| more than 14 feet wide and with not more
than a 1 foot | 6 |
| overhang along the left side of the hauling vehicle. | 7 |
| However,
the buildings shall not be transported more than | 8 |
| 10 miles and not on any
route that is part of the National | 9 |
| System of Interstate and Defense Highways.
| 10 |
| All buildings when being transported shall display at least | 11 |
| 2 red
cloth flags, not less than 12 inches square, mounted as | 12 |
| high as practicable
on the left and right side of the building.
| 13 |
| A State Police escort shall be required if it is necessary | 14 |
| for this load
to use part of the left lane when crossing any 2 | 15 |
| laned State highway bridge.
| 16 |
| (c) Vehicles propelled by electric power obtained from | 17 |
| overhead trolley
wires operated wholly within the corporate | 18 |
| limits of a municipality are
also exempt from the width | 19 |
| limitation.
| 20 |
| (d) Exemptions are also granted to vehicles designed for | 21 |
| the carrying
of more than 10 persons under the following | 22 |
| conditions:
| 23 |
| (1) (Blank);
| 24 |
| (2) When operated within any public transportation | 25 |
| service with the
approval of local authorities or an | 26 |
| appropriate public body authorized by
law to provide public |
|
|
|
HB0031 Engrossed |
- 17 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| transportation. Any vehicle so operated may be
8 feet 6 | 2 |
| inches in width; or
| 3 |
| (3) When a county engineer or superintendent of | 4 |
| highways, after giving due
consideration to the mass | 5 |
| transportation needs of the area and to the width and
| 6 |
| condition of the road, has determined that the operation of | 7 |
| buses wider than 8
feet will not pose an undue safety | 8 |
| hazard on a particular county or township
road segment, he | 9 |
| or she may authorize buses not to exceed 8 feet 6 inches in
| 10 |
| width on any highway under that engineer's or | 11 |
| superintendent's jurisdiction. | 12 |
| (d-1) A recreational vehicle, as defined in Section 1-169, | 13 |
| may exceed 8 feet 6 inches in width if:
| 14 |
| (1) the excess width is attributable to appurtenances | 15 |
| that extend 6 inches or less beyond either side of the body | 16 |
| of the vehicle; and
| 17 |
| (2) the roadway on which the vehicle is traveling has | 18 |
| marked lanes for vehicular traffic that are at least 11 | 19 |
| feet in width. | 20 |
| As used in this subsection (d-1) and in subsection (d-2), | 21 |
| the term appurtenance includes (i) a retracted awning and its | 22 |
| support hardware and (ii) any appendage that is intended to be | 23 |
| an integral part of a recreation vehicle. | 24 |
| (d-2) A recreational vehicle that exceeds 8 feet 6 inches | 25 |
| in width as provided in subsection (d-1) may travel any roadway | 26 |
| of the State if the vehicle is being operated between a roadway |
|
|
|
HB0031 Engrossed |
- 18 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| permitted under subsection (d-1) and: | 2 |
| (1) the location where the recreation vehicle is | 3 |
| garaged; | 4 |
| (2) the destination of the recreation vehicle; or | 5 |
| (3) a facility for food, fuel, repair, services, or | 6 |
| rest.
| 7 |
| (e) A vehicle and load traveling upon the National System | 8 |
| of Interstate
and Defense Highways or any other highway in the | 9 |
| system of State highways
that has been designated as a Class I | 10 |
| or Class II highway by the
Department, or any street or highway | 11 |
| designated by local authorities, may have a total outside width | 12 |
| of 8 feet 6
inches, provided that certain safety devices that | 13 |
| the Department
determines as necessary for the safe and | 14 |
| efficient operation of motor
vehicles shall not be included in | 15 |
| the calculation of width.
| 16 |
| (e-1) A vehicle and load more than 8 feet wide but not | 17 |
| exceeding 8 feet 6
inches in width is
allowed
access according | 18 |
| to the following:
| 19 |
| (1) A vehicle and load not exceeding 73,280 pounds in | 20 |
| weight is
allowed access from any State designated highway | 21 |
| onto any county,
township, or municipal highway for a | 22 |
| distance of 5 highway miles for the
purpose of loading and | 23 |
| unloading, provided:
| 24 |
| (A) The vehicle and load does not exceed 65 feet | 25 |
| overall length.
| 26 |
| (B) There is no sign prohibiting that access.
|
|
|
|
HB0031 Engrossed |
- 19 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| (C) The route is not being used as a thoroughfare | 2 |
| between State
designated highways.
| 3 |
| (2) A vehicle and load not exceeding 73,280 pounds in | 4 |
| weight is allowed
access from any State designated highway | 5 |
| onto any county or township
highway for a distance of 5 | 6 |
| highway miles or onto any municipal
highway for a distance | 7 |
| of one highway mile for the purpose of food, fuel,
repairs, | 8 |
| and rest, provided:
| 9 |
| (A) The vehicle and load does not exceed 65 feet | 10 |
| overall length.
| 11 |
| (B) There is no sign prohibiting that access.
| 12 |
| (C) The route is not being used as a thoroughfare | 13 |
| between State
designated highways.
| 14 |
| (3) A vehicle and load not exceeding 80,000 pounds in | 15 |
| weight is allowed
access from a Class I highway onto any | 16 |
| street or highway for a distance
of one highway mile for | 17 |
| the purpose of loading, unloading, food, fuel,
repairs, and | 18 |
| rest, provided there is no sign prohibiting that access.
| 19 |
| (4) A vehicle and load not exceeding 80,000 pounds in | 20 |
| weight is allowed
access from a Class I or Class II highway | 21 |
| onto any State highway or any
locally designated highway | 22 |
| for a distance of 5 highway miles for the
purpose of | 23 |
| loading, unloading, food, fuel, repairs, and rest.
| 24 |
| (5) A trailer or semi-trailer not exceeding 28 feet 6 | 25 |
| inches in length,
that was
originally in combination with a | 26 |
| truck tractor, shall have unlimited access
to points of |
|
|
|
HB0031 Engrossed |
- 20 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| loading and unloading.
| 2 |
| (6) All household goods carriers shall have unlimited | 3 |
| access to points of
loading and unloading.
| 4 |
| (7) Any vehicle utilizing an auxiliary power or idle | 5 |
| reduction technology unit in order to promote reduction of | 6 |
| fuel use and emissions because of engine idling shall be | 7 |
| allowed an additional 400 pounds total to the gross, axle, | 8 |
| tandem, or bridge formula weight limits defined in Section | 9 |
| 15-111 of this Code, and to registered weights found in | 10 |
| Chapter 3 of this Code. To be eligible for this exception, | 11 |
| the operator of the vehicle must be able to prove, by | 12 |
| written certification, the weight of the auxiliary power | 13 |
| unit (APU) and to demonstrate or certify the idle reduction | 14 |
| technology is fully functional at all times. | 15 |
| Certification of the weight of the APU must be | 16 |
| available to law enforcement officers if the vehicle is | 17 |
| found in violation of applicable weight laws. The weight | 18 |
| allowed cannot exceed 400 pounds or the weight certified, | 19 |
| whichever is less. APU weights shall not be considered in | 20 |
| the calculation of any tolerances allowed by Section 15-112 | 21 |
| of this Code. | 22 |
| Section 5-35 of the Illinois Administrative Procedure Act | 23 |
| relating to
procedures for rulemaking shall not apply to the | 24 |
| designation of highways under
this paragraph (e).
| 25 |
| (f) Mirrors required by Section 12-502 of this Code and | 26 |
| other safety devices
identified by the Department may project |
|
|
|
HB0031 Engrossed |
- 21 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| up to 14 inches beyond each side of
a bus and up to 6 inches | 2 |
| beyond each
side
of any other vehicle, and that projection | 3 |
| shall not be deemed a
violation of the width restrictions of | 4 |
| this Section.
| 5 |
| (g) Any person who is convicted of violating this Section | 6 |
| is subject to
the penalty as provided in paragraph (b) of | 7 |
| Section 15-113.
| 8 |
| (Source: P.A. 93-177, eff. 7-11-03; 94-949, eff. 1-1-07.)
| 9 |
| (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| 10 |
| Sec. 15-111. Wheel and axle loads and gross weights.
| 11 |
| (a) On non-designated highways, no vehicle or combination | 12 |
| of vehicles
equipped
with pneumatic tires may be operated, | 13 |
| unladen or with load,
when the total weight transmitted to the | 14 |
| road surface
exceeds 18,000 pounds on a single axle or 32,000 | 15 |
| pounds on a tandem axle with
no axle within the tandem | 16 |
| exceeding 18,000 pounds except:
| 17 |
| (1) when a different limit is established and posted in | 18 |
| accordance with
Section 15-316 of this Code;
| 19 |
| (2) 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 |
| (3) tow trucks subject to the conditions provided in | 23 |
| subsection (d)
may not exceed 24,000 pounds on a single | 24 |
| rear axle or 44,000 pounds on a tandem
rear axle;
| 25 |
| (4) any single axle of a 2-axle truck weighing 36,000 |
|
|
|
HB0031 Engrossed |
- 22 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| pounds or
less and not a part of a combination of vehicles, | 2 |
| shall not exceed 20,000
pounds;
| 3 |
| (5) any single axle of a 2-axle truck equipped with a | 4 |
| personnel
lift or digger derrick, weighing 36,000 pounds or | 5 |
| less, owned and operated by a
public utility, shall not | 6 |
| exceed 20,000 pounds;
| 7 |
| (6) any single axle of a 2-axle truck specially | 8 |
| equipped with a front
loading compactor used exclusively | 9 |
| for garbage, refuse, or recycling may not
exceed 20,000 | 10 |
| pounds per axle, provided that the gross weight of the | 11 |
| vehicle
does not exceed 40,000 pounds;
| 12 |
| (7) a truck, not in combination and specially equipped | 13 |
| with a
selfcompactor or an industrial roll-off hoist and | 14 |
| roll-off container, used
exclusively for garbage or refuse | 15 |
| operations may, when laden, transmit upon the
road surface | 16 |
| the following maximum
weights: 22,000 pounds on a single | 17 |
| axle; 40,000 pounds on a tandem axle;
| 18 |
| (8) a truck, not in combination and used exclusively | 19 |
| for the collection of
rendering materials,
may, when laden, | 20 |
| transmit upon the road surface the
following maximum | 21 |
| weights:
22,000 pounds on a single axle; 40,000 pounds on a | 22 |
| tandem axle;
| 23 |
| (9) tandem axles on a 3-axle truck registered as a | 24 |
| Special Hauling
Vehicle, manufactured prior to or in the | 25 |
| model year of 2014 and
first
registered in Illinois prior | 26 |
| to January 1, 2015, with a distance
greater than
72 inches |
|
|
|
HB0031 Engrossed |
- 23 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| but not more than 96 inches between any series of 2 axles, | 2 |
| is
allowed a combined weight on the series not to exceed | 3 |
| 36,000 pounds and neither
axle of the series may exceed | 4 |
| 18,000 pounds. Any vehicle of this type
manufactured
after | 5 |
| the model year of 2014 or first registered in Illinois | 6 |
| after
December 31,
2014 may not exceed a combined weight of | 7 |
| 32,000 pounds through the
series of
2 axles and neither | 8 |
| axle of the series may exceed 18,000 pounds;
| 9 |
| (10) a 4-axle truck mixer
registered as a Special | 10 |
| Hauling Vehicle, used
exclusively for the mixing and | 11 |
| transportation of concrete in the plastic state and | 12 |
| manufactured
prior to or in the model year of 2014 and | 13 |
| first registered in
Illinois prior to
January 1, 2015, is | 14 |
| allowed the following maximum weights: 20,000 pounds on any | 15 |
| single axle; 36,000 pounds on any series of 2 axles greater | 16 |
| than 72 inches but not more than 96 inches; and 34,000 | 17 |
| pounds on any series of 2 axles greater than 40 inches but | 18 |
| not more than 72 inches;
| 19 |
| (11) 4-axle vehicles or a 5 or more axle combination of | 20 |
| vehicles: The
weight
transmitted upon the road surface | 21 |
| through any series of 3 axles whose centers
are
more than | 22 |
| 96 inches apart, measured between extreme axles in the | 23 |
| series, may
not exceed those allowed in the table contained | 24 |
| in subsection (f) of this
Section. No axle or tandem axle | 25 |
| of the series may exceed the maximum weight
permitted under | 26 |
| this Section for a single or tandem axle.
|
|
|
|
HB0031 Engrossed |
- 24 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| No vehicle or combination of vehicles equipped with other | 2 |
| than pneumatic
tires may be operated, unladen or with load, | 3 |
| upon the highways of this State
when the gross weight on the | 4 |
| road surface through any wheel exceeds 800
pounds per inch | 5 |
| width of tire tread or when the gross weight on the road
| 6 |
| surface through any axle exceeds 16,000 pounds.
| 7 |
| (b) On non-designated highways, the gross weight of | 8 |
| vehicles and
combination of vehicles including
the weight of | 9 |
| the vehicle or combination and its maximum load shall be
| 10 |
| subject to the foregoing limitations and further shall not | 11 |
| exceed the
following gross weights dependent upon the number of | 12 |
| axles and distance
between extreme axles of the vehicle or | 13 |
| combination measured longitudinally
to the nearest foot.
| 14 |
| VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
| 15 |
| VEHICLES OR COMBINATIONS
| 16 |
| HAVING 3 AXLES
|
|
17 | | With Tandem |
|
With or |
|
|
18 | | Axles |
|
Without |
|
|
19 | | |
|
Tandem Axles |
|
|
20 | | Minimum |
|
Minimum |
|
|
21 | | distance to |
Maximum |
distance to |
Maximum |
|
22 | | nearest foot |
Gross |
nearest foot |
Gross |
|
23 | | between |
Weight |
between |
Weight |
|
24 | | extreme axles |
(pounds) |
extreme axles |
(pounds) |
|
|
|
|
|
HB0031 Engrossed |
- 25 - |
LRB095 03321 DRH 23323 b |
|
| 1 | | 10 feet |
41,000 |
16 feet |
46,000 |
|
2 | | 11 |
42,000 |
17 |
47,000 |
|
3 | | 12 |
43,000 |
18 |
47,500 |
|
4 | | 13 |
44,000 |
19 |
48,000 |
|
5 | | 14 |
44,500 |
20 |
49,000 |
|
6 | | 15 |
45,000 |
21 feet or more |
50,000 |
|
|
7 | | VEHICLES OR COMBINATIONS
HAVING 4 AXLES |
|
8 | | Minimum |
|
Minimum |
|
|
9 | | distance to |
Maximum |
distance to |
Maximum |
|
10 | | nearest foot |
Gross |
nearest foot |
Gross |
|
11 | | between |
Weight |
between |
Weight |
|
12 | | extreme axles |
(pounds) |
extreme axles |
(pounds) |
|
13 | | 15 feet |
50,000 |
26 feet |
57,500 |
|
14 | | 16 |
50,500 |
27 |
58,000 |
|
15 | | 17 |
51,500 |
28 |
58,500 |
|
16 | | 18 |
52,000 |
29 |
59,500 |
|
17 | | 19 |
52,500 |
30 |
60,000 |
|
18 | | 20 |
53,500 |
31 |
60,500 |
|
19 | | 21 |
54,000 |
32 |
61,500 |
|
20 | | 22 |
54,500 |
33 |
62,000 |
|
21 | | 23 |
55,500 |
34 |
62,500 |
|
22 | | 24 |
56,000 |
35 |
63,500 |
|
23 | | 25 |
56,500 |
36 feet or more |
64,000 |
|
|
|
|
|
HB0031 Engrossed |
- 26 - |
LRB095 03321 DRH 23323 b |
|
| 1 | | A vehicle not in a combination having more than 4 axles may | 2 | | not exceed
the weight in the table in this subsection (b) for 4 | 3 | | axles measured between the
extreme axles of
the vehicle. |
|
|
4 | | COMBINATIONS HAVING 5 OR MORE AXLES |
|
5 | | Minimum distance to |
Maximum |
|
6 | | nearest foot between |
Gross Weight |
|
7 | | extreme axles |
(pounds) |
|
8 | | 42 feet or less |
72,000 |
|
9 | | 43 |
73,000 |
|
10 | | 44 feet or more |
73,280 |
|
11 |
| VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
| 12 |
| TRUCKS EQUIPPED WITH SELFCOMPACTORS
| 13 |
| OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE,
| 14 |
| REFUSE, OR RECYCLING HAULS ONLY AND TRUCKS USED FOR
| 15 |
| THE COLLECTION OF RENDERING MATERIALS
| 16 |
| On Highway Not Part of National System
| 17 |
| of Interstate and Defense Highways
| 18 |
| with 2 axles 36,000 pounds
| 19 |
| with 3 axles 54,000 pounds
| 20 |
| TWO AXLE TRUCKS EQUIPPED WITH
| 21 |
| A FRONT LOADING COMPACTOR USED EXCLUSIVELY
| 22 |
| FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
|
|
|
|
HB0031 Engrossed |
- 27 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| with 2 axles 40,000 pounds
| 2 |
| A 4-axle truck mixer registered as a Special Hauling | 3 |
| Vehicle, used exclusively for mixing and transportation of | 4 |
| concrete in the plastic state, manufactured before or in the | 5 |
| model year of 2014, and first registered in Illinois before | 6 |
| January 1, 2015, is allowed a maximum gross weight listed in | 7 |
| the table of subsection (f) of this Section for 4 axles. This | 8 |
| vehicle, while loaded with concrete in the plastic state, is | 9 |
| not subject to the series of 3 axles requirement provided for | 10 |
| in subdivision (a)(11) of this Section, but no axle or tandem | 11 |
| axle of the series may exceed the maximum weight permitted | 12 |
| under subdivision (a)(10) of this Section.
| 13 |
| (b-1) As used in this Section, a "recycling haul" or | 14 |
| "recycling operation" means the hauling of segregated, | 15 |
| non-hazardous, non-special, homogeneous non-putrescible | 16 |
| materials, such as paper, glass, cans, or plastic, for | 17 |
| subsequent use in the secondary materials market.
| 18 |
| (c) Cities having a population of more than 50,000 may | 19 |
| permit by
ordinance axle loads on 2 axle motor vehicles 33 1/2% | 20 |
| above those
provided for herein, but the increase shall not | 21 |
| become effective until the
city has officially notified the | 22 |
| Department of the passage of the
ordinance and shall not apply | 23 |
| to those vehicles when outside of the limits
of the city, nor | 24 |
| shall the gross weight of any 2 axle motor vehicle
operating | 25 |
| over any street of the city exceed 40,000 pounds.
|
|
|
|
HB0031 Engrossed |
- 28 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| (d) Weight limitations shall not apply to vehicles | 2 |
| (including loads)
operated by a public utility when | 3 |
| transporting equipment required for
emergency repair of public | 4 |
| utility facilities or properties or water wells.
| 5 |
| A combination of vehicles, including a tow truck and a | 6 |
| disabled vehicle
or disabled combination of vehicles, that | 7 |
| exceeds the weight restriction
imposed by this Code, may be | 8 |
| operated on a public highway in this State
provided that | 9 |
| neither the disabled vehicle nor any vehicle being towed nor
| 10 |
| the tow truck itself shall exceed the weight limitations | 11 |
| permitted
under this Chapter. During the towing operation, | 12 |
| neither the tow truck nor
the vehicle combination shall exceed
| 13 |
| 24,000 pounds on a single
rear axle and
44,000 pounds on a | 14 |
| tandem rear axle, provided the towing vehicle:
| 15 |
| (1) is specifically designed as a tow truck having a | 16 |
| gross vehicle
weight
rating of at least 18,000 pounds and | 17 |
| is equipped with air brakes, provided that
air
brakes are | 18 |
| required only if the towing vehicle is towing a vehicle,
| 19 |
| semitrailer, or tractor-trailer combination that is | 20 |
| equipped with air brakes;
| 21 |
| (2) is equipped with flashing, rotating, or | 22 |
| oscillating amber lights,
visible for at least 500 feet in | 23 |
| all directions;
| 24 |
| (3) is capable of utilizing the lighting and braking | 25 |
| systems of the
disabled vehicle or combination of vehicles; | 26 |
| and
|
|
|
|
HB0031 Engrossed |
- 29 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| (4) does not engage in a tow exceeding 20 miles from | 2 |
| the initial point of
wreck or disablement. Any additional | 3 |
| movement of the vehicles may occur only
upon issuance of | 4 |
| authorization for that movement under the provisions of
| 5 |
| Sections 15-301 through 15-319 of this Code. The towing | 6 |
| vehicle, however,
may tow any disabled vehicle from the
| 7 |
| initial point of wreck or disablement to a point where | 8 |
| repairs are actually to
occur. This movement shall be valid | 9 |
| only on State routes.
The tower must abide by posted bridge | 10 |
| weight
limits.
| 11 |
| Gross weight limits shall not apply to the combination of | 12 |
| the tow truck
and vehicles being towed. The tow truck license | 13 |
| plate must cover the
operating empty weight of the tow truck | 14 |
| only. The weight
of each vehicle being towed shall be covered | 15 |
| by a valid license plate issued to
the owner or operator of the | 16 |
| vehicle being towed and displayed on that vehicle.
If no valid | 17 |
| plate issued to the owner or operator of that vehicle is | 18 |
| displayed
on that vehicle, or the plate displayed on that | 19 |
| vehicle does not cover the
weight of the vehicle, the weight of | 20 |
| the vehicle shall be covered by
the third tow truck plate | 21 |
| issued to the owner or operator of the tow truck and
| 22 |
| temporarily affixed to the vehicle being towed.
| 23 |
| The Department may by rule or regulation prescribe | 24 |
| additional requirements.
However, nothing in this Code shall | 25 |
| prohibit a tow truck under
instructions of a police officer | 26 |
| from legally clearing a disabled vehicle,
that may be in |
|
|
|
HB0031 Engrossed |
- 30 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| violation of weight limitations of this Chapter, from the
| 2 |
| roadway to the berm or shoulder of the highway.
If in the | 3 |
| opinion of the police officer that location is unsafe, the | 4 |
| officer
is authorized to have the disabled vehicle towed to the | 5 |
| nearest place of
safety.
| 6 |
| For the purpose of this subsection, gross vehicle weight | 7 |
| rating, or
GVWR, shall mean the value specified by the | 8 |
| manufacturer as the loaded
weight of the tow truck.
| 9 |
| (e) No vehicle or combination of vehicles equipped with | 10 |
| pneumatic tires
shall be operated, unladen or with load, upon | 11 |
| the highways of this State in
violation of the provisions of | 12 |
| any permit issued under the provisions of
Sections 15-301 | 13 |
| through 15-319 of this Chapter.
| 14 |
| (f) On designated Class I, II, or III highways and the | 15 |
| National System of
Interstate and Defense Highways, no vehicle | 16 |
| or combination of vehicles with
pneumatic tires may be | 17 |
| operated, unladen or with load,
when the total weight on the | 18 |
| road surface
exceeds the following: 20,000 pounds on a single | 19 |
| axle; 34,000 pounds on a
tandem axle with no axle within the | 20 |
| tandem exceeding 20,000 pounds; 80,000
pounds gross weight for | 21 |
| vehicle combinations of 5 or more axles;
or a total weight on a | 22 |
| group of 2 or more consecutive axles in excess of that
weight | 23 |
| produced by the application of the following formula: W = 500 | 24 |
| times the
sum of (LN divided by N-1) + 12N + 36, where "W" | 25 |
| equals overall total weight on
any group of 2 or more | 26 |
| consecutive axles to the nearest 500 pounds, "L" equals
the
|
|
|
|
HB0031 Engrossed |
- 31 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| distance measured to the nearest foot between extremes of any | 2 |
| group of 2 or
more consecutive axles, and "N" equals the number | 3 |
| of axles in the group under
consideration.
| 4 |
| The above formula when expressed in tabular form results in | 5 |
| allowable loads
as follows:
| 6 |
| Distance measured
| 7 |
| to the nearest
| 8 |
| foot between the
| 9 |
| extremes of any Maximum weight in pounds
| 10 |
| group of 2 or of any group of
| 11 |
| more consecutive 2 or more consecutive axles
| 12 |
| axles
|
|
13 | | feet |
2 axles |
3 axles |
4 axles |
5 axles |
6 axles |
|
14 | | 4 |
34,000 |
| | | |
|
15 | | 5 |
34,000 |
| | | |
|
16 | | 6 |
34,000 |
| | | |
|
17 | | 7 |
34,000 |
| | | |
|
18 | | 8 |
38,000* |
42,000 |
| | |
|
19 | | 9 |
39,000 |
42,500 |
| | |
|
20 | | 10 |
40,000 |
43,500 |
| | |
|
21 | | 11 |
|
44,000 |
| | |
|
22 | | 12 |
|
45,000 |
50,000 |
| |
|
23 | | 13 |
|
45,500 |
50,500 |
| |
|
24 | | 14 |
|
46,500 |
51,500 |
| |
|
25 | | 15 |
|
47,000 |
52,000 |
| |
|
|
|
|
|
HB0031 Engrossed |
- 32 - |
LRB095 03321 DRH 23323 b |
|
| 1 | | 16 |
|
48,000 |
52,500 |
58,000 |
|
|
2 | | 17 |
|
48,500 |
53,500 |
58,500 |
|
|
3 | | 18 |
|
49,500 |
54,000 |
59,000 |
|
|
4 | | 19 |
|
50,000 |
54,500 |
60,000 |
|
|
5 | | 20 |
|
51,000 |
55,500 |
60,500 |
66,000 |
|
6 | | 21 |
|
51,500 |
56,000 |
61,000 |
66,500 |
|
7 | | 22 |
|
52,500 |
56,500 |
61,500 |
67,000 |
|
8 | | 23 |
|
53,000 |
57,500 |
62,500 |
68,000 |
|
9 | | 24 |
|
54,000 |
58,000 |
63,000 |
68,500 |
|
10 | | 25 |
|
54,500 |
58,500 |
63,500 |
69,000 |
|
11 | | 26 |
|
55,500 |
59,500 |
64,000 |
69,500 |
|
12 | | 27 |
|
56,000 |
60,000 |
65,000 |
70,000 |
|
13 | | 28 |
|
57,000 |
60,500 |
65,500 |
71,000 |
|
14 | | 29 |
|
57,500 |
61,500 |
66,000 |
71,500 |
|
15 | | 30 |
|
58,500 |
62,000 |
66,500 |
72,000 |
|
16 | | 31 |
|
59,000 |
62,500 |
67,500 |
72,500 |
|
17 | | 32 |
|
60,000 |
63,500 |
68,000 |
73,000 |
|
18 | | 33 |
|
|
64,000 |
68,500 |
74,000 |
|
19 | | 34 |
|
|
64,500 |
69,000 |
74,500 |
|
20 | | 35 |
|
|
65,500 |
70,000 |
75,000 |
|
21 | | 36 |
|
|
66,000 |
70,500 |
75,500 |
|
22 | | 37 |
|
|
66,500 |
71,000 |
76,000 |
|
23 | | 38 |
|
|
67,500 |
72,000 |
77,000 |
|
24 | | 39 |
|
|
68,000 |
72,500 |
77,500 |
|
25 | | 40 |
|
|
68,500 |
73,000 |
78,000 |
|
26 | | 41 |
|
|
69,500 |
73,500 |
78,500 |
|
|
|
|
|
HB0031 Engrossed |
- 33 - |
LRB095 03321 DRH 23323 b |
|
| 1 | | 42 |
|
|
70,000 |
74,000 |
79,000 |
|
2 | | 43 |
|
|
70,500 |
75,000 |
80,000 |
|
3 | | 44 |
|
|
71,500 |
75,500 |
|
|
4 | | 45 |
|
|
72,000 |
76,000 |
|
|
5 | | 46 |
|
|
72,500 |
76,500 |
|
|
6 | | 47 |
|
|
73,500 |
77,500 |
|
|
7 | | 48 |
|
|
74,000 |
78,000 |
|
|
8 | | 49 |
|
|
74,500 |
78,500 |
|
|
9 | | 50 |
|
|
75,500 |
79,000 |
|
|
10 | | 51 |
|
|
76,000 |
80,000 |
|
|
11 | | 52 |
|
|
76,500 |
| |
|
12 | | 53 |
|
|
77,500 |
| |
|
13 | | 54 |
|
|
78,000 |
| |
|
14 | | 55 |
|
|
78,500 |
| |
|
15 | | 56 |
|
|
79,500 |
| |
|
16 | | 57 |
|
|
80,000 |
| |
|
17 |
| *If the distance between 2 axles is 96 inches or less, the 2 | 18 |
| axles are
tandem axles and the maximum total weight may not | 19 |
| exceed 34,000 pounds,
notwithstanding the higher limit | 20 |
| resulting from the application of the formula.
| 21 |
| Vehicles not in a combination having more than 4 axles may | 22 |
| not exceed the
weight in the table in this subsection (f) for 4 | 23 |
| axles measured between the
extreme axles of the
vehicle.
| 24 |
| Vehicles in a combination having more than 6 axles may not | 25 |
| exceed the weight
in the table in this subsection (f) for 6 | 26 |
| axles measured between the extreme
axles of the
combination.
|
|
|
|
HB0031 Engrossed |
- 34 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| Local authorities, with respect
to streets and highways | 2 |
| under their jurisdiction, without additional
fees, may also by | 3 |
| ordinance or resolution allow the weight limitations of this
| 4 |
| subsection, provided the maximum gross weight on any one axle | 5 |
| shall not exceed
20,000 pounds and the maximum total weight on | 6 |
| any tandem axle
shall not exceed
34,000 pounds, on designated | 7 |
| highways when appropriate regulatory signs giving
notice are | 8 |
| erected upon the street or highway or portion of any street or
| 9 |
| highway affected by the ordinance or resolution.
| 10 |
| The following are exceptions to the above formula:
| 11 |
| (1) Two consecutive sets of tandem axles may carry a | 12 |
| total weight of
34,000
pounds each if the overall distance | 13 |
| between the first and last axles of the
consecutive sets of | 14 |
| tandem axles is 36 feet or more.
| 15 |
| (2) Vehicles for which a different limit is established | 16 |
| and posted in
accordance with Section 15-316 of this Code.
| 17 |
| (3) Vehicles for which the Department of | 18 |
| Transportation and local
authorities issue overweight
| 19 |
| permits under authority of Section 15-301 of this Code. | 20 |
| These vehicles are
not subject
to the bridge formula.
| 21 |
| (4) Tow trucks subject to the conditions provided in | 22 |
| subsection (d)
may not exceed 24,000 pounds on a single | 23 |
| rear axle or 44,000 pounds on a tandem
rear axle.
| 24 |
| (5) A tandem axle on a 3-axle truck registered as a | 25 |
| Special Hauling
Vehicle, manufactured prior to or in the | 26 |
| model year of 2014, and
registered in Illinois prior to |
|
|
|
HB0031 Engrossed |
- 35 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| January 1, 2015, with a distance
between 2
axles
in a | 2 |
| series greater than 72 inches but not more than 96 inches | 3 |
| may not exceed
a total weight of 36,000 pounds and neither | 4 |
| axle of the series may exceed
18,000 pounds.
| 5 |
| (6) A truck not in combination, equipped with a self | 6 |
| compactor or an
industrial roll-off hoist and roll-off | 7 |
| container, used exclusively for garbage,
refuse, or | 8 |
| recycling operations, may, when laden, transmit upon the | 9 |
| road surface,
except when on part of the National System of | 10 |
| Interstate and Defense
Highways, the following maximum | 11 |
| weights: 22,000 pounds on a
single axle; 40,000 pounds on a | 12 |
| tandem axle; 36,000 pounds gross weight on a
2-axle | 13 |
| vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| 14 |
| This vehicle is not subject to the bridge formula.
| 15 |
| (7) Combinations of vehicles, registered as Special | 16 |
| Hauling Vehicles that
include a semitrailer manufactured | 17 |
| prior to or in the model year of 2014, and
registered in | 18 |
| Illinois prior to January 1, 2015, having 5 axles
with a
| 19 |
| distance of 42 feet or less between extreme axles, may not | 20 |
| exceed the
following maximum weights: 18,000 pounds on a | 21 |
| single axle; 32,000 pounds on a
tandem axle; and 72,000 | 22 |
| pounds gross weight. This combination of vehicles is
not | 23 |
| subject
to the bridge formula. For all those combinations | 24 |
| of vehicles that include a
semitrailer manufactured after | 25 |
| the effective date of this amendatory Act of
the 92nd | 26 |
| General Assembly, the overall distance between the first |
|
|
|
HB0031 Engrossed |
- 36 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| and last
axles of the 2 sets of
tandems must be 18 feet 6 | 2 |
| inches or
more. Any combination of vehicles that has had | 3 |
| its cargo
container replaced in its entirety after December | 4 |
| 31, 2014 may not
exceed
the weights allowed by the bridge | 5 |
| formula.
| 6 |
| (8) A 4-axle truck mixer registered as a Special | 7 |
| Hauling Vehicle, used exclusively for the mixing and | 8 |
| transportation of concrete in the plastic state, | 9 |
| manufactured before or in the model year of 2014, first | 10 |
| registered in Illinois before January 1, 2015, and not | 11 |
| operated on a highway that is part of the National System | 12 |
| of Interstate Highways, is allowed the following maximum | 13 |
| weights: 20,000 pounds on any single axle; 36,000 pounds on | 14 |
| a series of axles greater than 72 inches but not more than | 15 |
| 96 inches; and 34,000 pounds on any series of 2 axles | 16 |
| greater than 40 inches but not more than 72 inches. The | 17 |
| gross weight of this vehicle may not exceed the weights | 18 |
| allowed by the bridge formula for 4 axles. The bridge | 19 |
| formula does not apply to any series of 3 axles while the | 20 |
| vehicle is transporting concrete in the plastic state, but | 21 |
| no axle or tandem axle of the series may exceed the maximum | 22 |
| weight permitted under this subsection (f).
| 23 |
| No vehicle or combination of vehicles equipped with other | 24 |
| than pneumatic
tires may be operated, unladen or with load, | 25 |
| upon the highways of this State
when the gross weight on the | 26 |
| road surface through any wheel exceeds 800
pounds per inch |
|
|
|
HB0031 Engrossed |
- 37 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| width of tire tread or when the gross weight on the road
| 2 |
| surface through any axle exceeds 16,000 pounds.
| 3 |
| (f-1) A vehicle and load
not exceeding 73,280 pounds is | 4 |
| allowed access
as follows:
| 5 |
| (1) From any State designated highway onto any county, | 6 |
| township, or
municipal highway for a distance of 5 highway | 7 |
| miles for the purpose of
loading and unloading, provided:
| 8 |
| (A) The vehicle and load does not exceed 8 feet 6 | 9 |
| inches in
width and 65 feet overall length.
| 10 |
| (B) There is no sign prohibiting that access.
| 11 |
| (C) The route is not being used as a thoroughfare | 12 |
| between State
designated highways.
| 13 |
| (2) From any State designated highway onto any county | 14 |
| or township
highway for a distance of 5 highway miles, or | 15 |
| any municipal highway for a
distance of one highway mile | 16 |
| for the purpose of food, fuel, repairs, and rest,
provided:
| 17 |
| (A) The vehicle and load does not exceed 8 feet 6 | 18 |
| inches in
width and 65 feet overall length.
| 19 |
| (B) There is no sign prohibiting that access.
| 20 |
| (C) The route is not being used as a thoroughfare | 21 |
| between State
designated highways.
| 22 |
| (f-2) A vehicle and load greater than 73,280 pounds in | 23 |
| weight but not
exceeding 80,000 pounds is allowed access as | 24 |
| follows:
| 25 |
| (1) From a Class I highway onto any street or highway | 26 |
| for a distance of
one highway mile for the purpose of |
|
|
|
HB0031 Engrossed |
- 38 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| loading, unloading, food, fuel, repairs,
and rest, | 2 |
| provided there is no sign prohibiting that access.
| 3 |
| (2) From a Class I, II, or III highway onto any State | 4 |
| highway or any
local designated highway for a distance of 5 | 5 |
| highway miles for the purpose of
loading, unloading, food, | 6 |
| fuel, repairs, and rest.
| 7 |
| Section 5-35 of the Illinois Administrative Procedure Act | 8 |
| relating
to procedures for rulemaking shall not apply to the | 9 |
| designation of highways
under this subsection.
| 10 |
| (g) No person shall operate a vehicle or combination of | 11 |
| vehicles over
a bridge or other elevated structure constituting | 12 |
| part of a highway with a
gross weight that is greater than the | 13 |
| maximum weight permitted by the
Department, when the structure | 14 |
| is sign posted as provided in this Section.
| 15 |
| (g-1) Any vehicle utilizing an auxiliary power or idle | 16 |
| reduction technology unit in order to promote reduction of fuel | 17 |
| use and emissions because of engine idling shall be allowed an | 18 |
| additional 400 pounds total to the gross, axle, tandem, or | 19 |
| bridge formula weight limits defined in this Section, and to | 20 |
| registered weights found in Chapter 3 of this Code. To be | 21 |
| eligible for this exception, the operator of the vehicle must | 22 |
| be able to prove, by written certification, the weight of the | 23 |
| auxiliary power unit (APU) and to demonstrate or certify the | 24 |
| idle reduction technology is fully functional at all times. | 25 |
| Certification of the weight of the APU must be available to | 26 |
| law enforcement officers if the vehicle is found in violation |
|
|
|
HB0031 Engrossed |
- 39 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| of applicable weight laws. The weight allowed cannot exceed 400 | 2 |
| pounds or the weight certified, whichever is less. APU weights | 3 |
| shall not be considered in the calculation of any tolerances | 4 |
| allowed by Section 15-112 of this Code. | 5 |
| (h) The Department upon request from any local authority | 6 |
| shall, or upon
its own initiative may, conduct an investigation | 7 |
| of any bridge or other
elevated structure constituting a part | 8 |
| of a highway, and if it finds that
the structure cannot with | 9 |
| safety to itself withstand the weight of vehicles
otherwise | 10 |
| permissible under this Code the Department shall determine and
| 11 |
| declare the maximum weight of vehicles that the structures can | 12 |
| withstand,
and shall cause or permit suitable signs stating | 13 |
| maximum weight to be
erected and maintained before each end of | 14 |
| the structure. No person shall
operate a vehicle or combination | 15 |
| of vehicles over any structure with a
gross weight that is | 16 |
| greater than the posted maximum weight.
| 17 |
| (i) Upon the trial of any person charged with a violation | 18 |
| of subsections
(g) or (h) of this Section, proof of the | 19 |
| determination of the maximum
allowable weight by the Department | 20 |
| and the existence of the signs,
constitutes conclusive evidence | 21 |
| of the maximum weight that can be
maintained with safety to the | 22 |
| bridge or structure.
| 23 |
| (Source: P.A. 93-177, eff. 7-11-03; 93-186, eff. 1-1-04; | 24 |
| 93-1023, eff. 8-25-04; 94-464, eff. 1-1-06; 94-926, eff. | 25 |
| 1-1-07.)
|
|
|
|
HB0031 Engrossed |
- 40 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
| 2 |
| Sec. 15-112. Officers to weigh vehicles and require removal | 3 |
| of excess loads.
| 4 |
| (a) Any police officer having reason to believe that the | 5 |
| weight of a
vehicle and load is unlawful shall require the | 6 |
| driver to stop and submit
to a weighing of the same either by | 7 |
| means of a portable or stationary
scales that have been tested | 8 |
| and approved at a frequency prescribed by the
Illinois | 9 |
| Department of Agriculture, or for those scales operated by the | 10 |
| State,
when such tests are requested
by
the
Department of State | 11 |
| Police, whichever is more frequent.
If such scales are not | 12 |
| available at the
place where such vehicle
is stopped, the | 13 |
| police officer shall require that such vehicle be driven
to the | 14 |
| nearest available scale that has been tested and approved | 15 |
| pursuant to
this Section
by the
Illinois Department of | 16 |
| Agriculture. Notwithstanding any provisions of the
Weights and | 17 |
| Measures Act or the United States Department of Commerce NIST
| 18 |
| handbook 44, multi or single draft weighing is an acceptable | 19 |
| method of weighing
by law enforcement for determining a | 20 |
| violation of Chapter 3 or 15 of this Code.
Law enforcement is | 21 |
| exempt from the requirements of commercial weighing
| 22 |
| established in NIST handbook 44.
| 23 |
| Within 18 months after the effective date of this
| 24 |
| amendatory Act of the 91st General Assembly, all municipal and | 25 |
| county
officers,
technicians, and employees who set up and | 26 |
| operate portable scales for wheel
load or axle load or both and |
|
|
|
HB0031 Engrossed |
- 41 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| issue citations based
on the use
of portable scales for wheel | 2 |
| load or axle load or both
and who have not successfully | 3 |
| completed initial classroom and field training
regarding the | 4 |
| set up and operation of portable scales, shall attend and
| 5 |
| successfully complete
initial classroom and field training | 6 |
| administered by the Illinois Law
Enforcement
Training | 7 |
| Standards Board.
| 8 |
| (b) Whenever an officer, upon weighing a vehicle and the | 9 |
| load,
determines that the weight is unlawful, such officer | 10 |
| shall require the
driver to stop the vehicle in a suitable | 11 |
| place and remain standing until
such portion of the load is | 12 |
| removed as may be necessary to reduce the
weight of the vehicle | 13 |
| to the limit permitted under this Chapter, or to
the limit | 14 |
| permitted under the terms of a permit issued pursuant to
| 15 |
| Sections 15-301 through 15-318 and shall forthwith
arrest the | 16 |
| driver or owner. All material so unloaded shall be cared for
by | 17 |
| the owner or operator of the vehicle at the risk of such owner | 18 |
| or operator;
however, whenever a 3 or 4 axle vehicle with a | 19 |
| tandem axle
dimension greater than 72 inches, but less than 96 | 20 |
| inches and registered as a
Special Hauling Vehicle is | 21 |
| transporting asphalt or concrete in the
plastic state that | 22 |
| exceeds axle weight or gross weight limits by less than
4,000 | 23 |
| pounds, the owner or operator of the vehicle shall accept the
| 24 |
| arrest ticket or tickets for the alleged violations under this | 25 |
| Section and
proceed without shifting or reducing the load being | 26 |
| transported or may shift or
reduce the load under the |
|
|
|
HB0031 Engrossed |
- 42 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| provisions of subsection (d) or (e) of this Section,
when | 2 |
| applicable. Any fine imposed following an overweight violation | 3 |
| by a
vehicle registered as a Special Hauling Vehicle | 4 |
| transporting asphalt or
concrete in the plastic state shall be | 5 |
| paid as provided in subsection
4
of paragraph (a) of Section | 6 |
| 16-105 of this Code.
| 7 |
| (c) The Department of Transportation may, at the request of | 8 |
| the
Department of State Police, erect appropriate regulatory | 9 |
| signs on any
State highway directing second division vehicles | 10 |
| to a scale. The
Department of Transportation may also, at the | 11 |
| direction of any State Police
officer, erect portable | 12 |
| regulating signs on any highway directing second
division | 13 |
| vehicles to a portable scale. Every such
vehicle, pursuant to | 14 |
| such sign, shall stop and be weighed.
| 15 |
| (d) Whenever any axle load of a vehicle exceeds the axle or | 16 |
| tandem axle
weight limits permitted by paragraph (a) or (f) of | 17 |
| Section 15-111 by 2000
pounds or less, the owner or operator of | 18 |
| the vehicle must shift or
remove the excess so as to comply | 19 |
| with paragraph (a) or (f) of Section
15-111. No overweight | 20 |
| arrest ticket shall be issued to the owner or operator
of the | 21 |
| vehicle by any officer if the excess weight is shifted or
| 22 |
| removed as
required by this paragraph.
| 23 |
| (e) Whenever the gross weight of a vehicle with a | 24 |
| registered gross
weight of 73,280 pounds or less exceeds the | 25 |
| weight limits of paragraph
(b) or (f) of Section 15-111 of this | 26 |
| Chapter by 2000 pounds or less,
the owner or operator of the |
|
|
|
HB0031 Engrossed |
- 43 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| vehicle must remove the excess. Whenever
the gross weight of a | 2 |
| vehicle with a registered gross weight of 73,281 pounds
or more | 3 |
| exceeds the weight limits of paragraph (b) or (f) of Section | 4 |
| 15-111
by 1,000 pounds or less or 2,000 pounds or less if | 5 |
| weighed on wheel load
weighers, the owner or operator of the | 6 |
| vehicle
must remove the excess. In either case no arrest ticket | 7 |
| for any
overweight violation of this Code shall be issued to | 8 |
| the owner or operator
of the vehicle by any officer if the | 9 |
| excess weight is removed as required
by this paragraph.
A | 10 |
| person who has been granted a special permit under Section | 11 |
| 15-301 of this
Code shall not be granted a tolerance on wheel | 12 |
| load weighers.
| 13 |
| (f) Whenever an axle load of a vehicle exceeds axle weight | 14 |
| limits
allowed by the provisions of a permit an arrest ticket | 15 |
| shall be issued,
but the owner or operator of the vehicle may | 16 |
| shift the load so as to
comply with the provisions of the | 17 |
| permit. Where such shifting of a load
to comply with the permit | 18 |
| is accomplished, the owner or operator of the
vehicle may then | 19 |
| proceed. | 20 |
| (f-1) Any vehicle utilizing an auxiliary power or idle | 21 |
| reduction technology unit in order to promote reduction of fuel | 22 |
| use and emissions because of engine idling shall be allowed an | 23 |
| additional 400 pounds total to the gross, axle, tandem, or | 24 |
| bridge formula weight limits defined in this Section, and to | 25 |
| registered weights found in Chapter 3 of this Code. To be | 26 |
| eligible for this exception, the operator of the vehicle must |
|
|
|
HB0031 Engrossed |
- 44 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| be able to prove, by written certification, the weight of the | 2 |
| auxiliary power unit (APU); and demonstrate or certify the idle | 3 |
| reduction technology is fully functional at all times. | 4 |
| Certification of the weight of the APU must be available to | 5 |
| law enforcement officers if the vehicle is found in violation | 6 |
| of applicable weight laws. The weight allowed cannot exceed 400 | 7 |
| pounds or the weight certified, whichever is less. APU weights | 8 |
| shall not be considered in the calculation of any tolerances | 9 |
| allowed by this Section.
| 10 |
| (g) Any driver of a vehicle who refuses to stop and submit | 11 |
| his
vehicle and load to weighing after being directed to do so | 12 |
| by an officer
or removes or causes the removal of the load or | 13 |
| part of it prior to
weighing is guilty of a business offense | 14 |
| and shall be fined not less
than $500 nor more than $2,000.
| 15 |
| (Source: P.A. 91-129, eff. 7-16-99; 92-417, eff. 1-1-02.)
| 16 |
| (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| 17 |
| Sec. 15-301. Permits for excess size and weight.
| 18 |
| (a) The Department with respect to highways under its | 19 |
| jurisdiction
and local authorities with respect to highways | 20 |
| under their jurisdiction
may, in their discretion, upon | 21 |
| application and good cause being shown
therefor, issue a | 22 |
| special permit authorizing the applicant to operate or
move a | 23 |
| vehicle or combination of vehicles of a size or weight of | 24 |
| vehicle or
load exceeding the maximum specified in this Act or | 25 |
| otherwise not in
conformity with this Act upon any highway |
|
|
|
HB0031 Engrossed |
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|
| 1 |
| under the jurisdiction of the
party granting such permit and | 2 |
| for the maintenance of which the party is
responsible. | 3 |
| Applications and permits other than those in written or
printed | 4 |
| form may only be accepted from and issued to the company or
| 5 |
| individual making the movement. Except for an application to | 6 |
| move directly
across a highway, it shall be the duty of the | 7 |
| applicant to establish in the
application that the load to be | 8 |
| moved by such vehicle or combination is
composed of a single | 9 |
| nondivisible object that cannot reasonably be
dismantled or
| 10 |
| disassembled. For the purpose of
over length movements,
more | 11 |
| than one object may be carried side by side as long as the | 12 |
| height, width,
and weight laws are not exceeded and the cause | 13 |
| for the over length is not due
to multiple objects. For the | 14 |
| purpose of over height movements, more than one
object may be | 15 |
| carried as long as the cause for the over height is not due to
| 16 |
| multiple objects and the length, width, and weight laws are not | 17 |
| exceeded. For
the purpose of an over width movement, more than | 18 |
| one object may be carried as
long as the cause for the over | 19 |
| width is not due to multiple objects and length,
height, and | 20 |
| weight laws are not exceeded. No state or local agency shall
| 21 |
| authorize the issuance of excess size or weight permits for | 22 |
| vehicles and loads
that are divisible and that can be carried, | 23 |
| when divided, within the existing
size or weight maximums | 24 |
| specified in this Chapter. Any excess size or weight
permit | 25 |
| issued in violation of the provisions of this Section shall be | 26 |
| void at
issue and any movement made thereunder shall not be |
|
|
|
HB0031 Engrossed |
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|
| 1 |
| authorized under the terms
of the void permit. In any | 2 |
| prosecution for a violation of this Chapter when
the | 3 |
| authorization of an excess size or weight permit is at issue, | 4 |
| it is the
burden of the defendant to establish that the permit | 5 |
| was valid because the load
to be moved could not reasonably be | 6 |
| dismantled or disassembled, or was
otherwise nondivisible.
| 7 |
| (b) The application for any such permit shall: (1) state | 8 |
| whether
such permit is requested for a single trip or for | 9 |
| limited continuous
operation; (2) state if the applicant is an | 10 |
| authorized carrier under the
Illinois Motor Carrier of Property | 11 |
| Law, if so, his certificate,
registration or permit number | 12 |
| issued by the Illinois Commerce
Commission; (3) specifically | 13 |
| describe and identify the vehicle or
vehicles and load to be | 14 |
| operated or moved except that for vehicles or
vehicle | 15 |
| combinations registered by the Department as provided in | 16 |
| Section
15-319 of this Chapter, only the Illinois Department of | 17 |
| Transportation's
(IDT) registration number or classification | 18 |
| need be given; (4) state the
routing requested including the | 19 |
| points of origin and destination, and may
identify and include | 20 |
| a request for routing to the nearest certified scale
in | 21 |
| accordance with the Department's rules and regulations, | 22 |
| provided the
applicant has approval to travel on local roads; | 23 |
| and (5) state if the
vehicles or loads are being transported | 24 |
| for hire. No permits for the
movement of a vehicle or load for | 25 |
| hire shall be issued to any applicant who
is required under the | 26 |
| Illinois Motor Carrier of Property Law to have a
certificate, |
|
|
|
HB0031 Engrossed |
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|
| 1 |
| registration or permit and does not have such certificate,
| 2 |
| registration or permit.
| 3 |
| (c) The Department or local authority when not inconsistent | 4 |
| with
traffic safety is authorized to issue or withhold such | 5 |
| permit at its
discretion; or, if such permit is issued at its | 6 |
| discretion to prescribe
the route or routes to be traveled, to | 7 |
| limit the number of trips, to
establish seasonal or other time | 8 |
| limitations within which the vehicles
described may be operated | 9 |
| on the highways indicated, or otherwise to
limit or prescribe | 10 |
| conditions of operations of such vehicle or vehicles,
when | 11 |
| necessary to assure against undue damage to the road | 12 |
| foundations,
surfaces or structures, and may require such | 13 |
| undertaking or other
security as may be deemed necessary to | 14 |
| compensate for any injury to any
roadway or road structure. The | 15 |
| Department shall maintain a daily record of
each permit issued | 16 |
| along with the fee and the stipulated dimensions,
weights, | 17 |
| conditions and restrictions authorized and this record shall be
| 18 |
| presumed correct in any case of questions or dispute. The | 19 |
| Department shall
install an automatic device for recording | 20 |
| applications received and permits
issued by telephone. In | 21 |
| making application by telephone, the Department and
applicant | 22 |
| waive all objections to the recording of the conversation.
| 23 |
| (d) The Department shall, upon application in writing from | 24 |
| any local
authority, issue an annual permit authorizing the | 25 |
| local authority to
move oversize highway construction, | 26 |
| transportation, utility and maintenance
equipment over roads |
|
|
|
HB0031 Engrossed |
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|
| 1 |
| under the jurisdiction of the Department. The permit
shall be | 2 |
| applicable only to equipment and vehicles owned by or | 3 |
| registered
in the name of the local authority, and no fee shall | 4 |
| be charged for the
issuance of such permits.
| 5 |
| (e) As an exception to paragraph (a) of this Section, the | 6 |
| Department
and local authorities, with respect to highways | 7 |
| under their respective
jurisdictions, in their discretion and | 8 |
| upon application in writing may
issue a special permit for | 9 |
| limited continuous operation, authorizing the
applicant to | 10 |
| move loads of agricultural commodities on a 2 axle single
| 11 |
| vehicle registered by the Secretary of State with axle loads | 12 |
| not to exceed
35%, on a 3 or 4 axle
vehicle registered by the | 13 |
| Secretary of State with axle loads
not to exceed 20%, and on a | 14 |
| 5 axle vehicle registered by the
Secretary of State not to | 15 |
| exceed 10% above those provided in Section 15-111. The total | 16 |
| gross weight of the vehicle, however,
may not exceed the | 17 |
| maximum gross weight of the registration class of the vehicle | 18 |
| allowed under Section 3-815 or 3-818 of this Code. | 19 |
| As used in this Section, "agricultural commodities"
means: | 20 |
| (1) cultivated plants or agricultural produce grown
| 21 |
| including, but is not limited to, corn, soybeans, wheat, | 22 |
| oats, grain sorghum, canola, and rice; | 23 |
| (2) livestock, including but not limited to hogs, | 24 |
| equine, sheep, and poultry; | 25 |
| (3) ensilage; and | 26 |
| (4) fruits and vegetables.
|
|
|
|
HB0031 Engrossed |
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|
| 1 |
| Permits may be issued for a
period not to exceed 40 days | 2 |
| and moves may be made of a distance not to
exceed 50 miles from | 3 |
| a field, an on-farm grain storage facility, a warehouse as | 4 |
| defined in the Illinois Grain Code, or a livestock management | 5 |
| facility as defined in the Livestock Management Facilities Act | 6 |
| over any
highway except the National System of Interstate and | 7 |
| Defense Highways. The operator of the vehicle,
however, must | 8 |
| abide by posted bridge and posted highway weight limits. All | 9 |
| implements of husbandry operating under this Section between | 10 |
| sunset and sunrise shall be equipped as prescribed in Section | 11 |
| 12-205.1.
| 12 |
| (e-1) Upon a declaration by the Governor that an emergency | 13 |
| harvest situation
exists, a special permit issued by the | 14 |
| Department under this Section shall not
be required from | 15 |
| September 1 through December 31 during harvest season
| 16 |
| emergencies, provided that the weight does not exceed 20% above | 17 |
| the limits
provided in Section 15-111. All other restrictions | 18 |
| that apply to permits
issued under this Section shall apply | 19 |
| during the declared time period. With
respect to highways under | 20 |
| the jurisdiction of local authorities, the local
authorities | 21 |
| may, at their discretion, waive special permit requirements | 22 |
| during
harvest season emergencies. This permit exemption shall | 23 |
| apply to all vehicles
eligible to obtain permits under this | 24 |
| Section, including commercial vehicles in
use during the | 25 |
| declared time period.
| 26 |
| (f) The form and content of the permit shall be determined |
|
|
|
HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
|
| 1 |
| by the
Department with respect to highways under its | 2 |
| jurisdiction and by local
authorities with respect to highways | 3 |
| under their jurisdiction. Every permit
shall be in written form | 4 |
| and carried in the vehicle or combination of
vehicles to which | 5 |
| it refers and shall be open to inspection by any
police officer | 6 |
| or authorized agent of any authority granting the permit
and no | 7 |
| person shall violate any of the terms or conditions of such
| 8 |
| special permit. Violation of the terms and conditions of the | 9 |
| permit
shall not be deemed a revocation of the permit; however, | 10 |
| any vehicle and load
found to be off the route prescribed in | 11 |
| the permit shall be held to be
operating without a permit. Any | 12 |
| off route vehicle and load shall be required
to obtain a new | 13 |
| permit or permits, as necessary, to authorize the movement back
| 14 |
| onto the original permit routing. No rule or regulation, nor | 15 |
| anything herein
shall be construed to authorize any police | 16 |
| officer, court, or authorized agent
of any authority granting | 17 |
| the permit to remove the permit from the possession
of the | 18 |
| permittee unless the permittee is charged with a fraudulent | 19 |
| permit
violation as provided in paragraph (i). However, upon | 20 |
| arrest for an offense of
violation of permit, operating without | 21 |
| a permit when the vehicle is off route,
or any size or weight | 22 |
| offense under this Chapter when the permittee plans to
raise | 23 |
| the issuance of the permit as a defense, the permittee, or his | 24 |
| agent,
must produce the permit at any court hearing concerning | 25 |
| the alleged offense.
| 26 |
| If the permit designates and includes a routing to a |
|
|
|
HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
|
| 1 |
| certified scale, the
permitee, while enroute to the designated | 2 |
| scale, shall be deemed in compliance
with the weight provisions | 3 |
| of the permit provided the axle or gross weights
do not exceed | 4 |
| any of the permitted limits by more than the following amounts:
| 5 |
| Single axle 2000 pounds
| 6 |
| Tandem axle 3000 pounds
| 7 |
| Gross 5000 pounds
| 8 |
| (g) The Department is authorized to adopt, amend, and to | 9 |
| make
available to interested persons a policy concerning | 10 |
| reasonable rules,
limitations and conditions or provisions of | 11 |
| operation upon highways
under its jurisdiction in addition to | 12 |
| those contained in this Section
for the movement by special | 13 |
| permit of vehicles, combinations, or loads
which cannot | 14 |
| reasonably be dismantled or disassembled, including
| 15 |
| manufactured and modular home sections and portions thereof. | 16 |
| All rules,
limitations and conditions or provisions adopted in | 17 |
| the policy shall
have due regard for the safety of the | 18 |
| traveling public and the protection
of the highway system and | 19 |
| shall have been promulgated in conformity with
the provisions | 20 |
| of the Illinois Administrative Procedure Act. The
requirements | 21 |
| of the policy for flagmen and escort vehicles shall be the
same | 22 |
| for all moves of comparable size and weight. When escort | 23 |
| vehicles are
required, they shall meet the following | 24 |
| requirements:
| 25 |
| (1) All operators shall be 18 years of age or over and | 26 |
| properly
licensed to operate the vehicle.
|
|
|
|
HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
|
| 1 |
| (2) Vehicles escorting oversized loads more than | 2 |
| 12-feet wide must
be equipped with a rotating or flashing | 3 |
| amber light mounted on top as specified
under Section | 4 |
| 12-215.
| 5 |
| The Department shall establish reasonable rules and | 6 |
| regulations
regarding liability insurance or self insurance | 7 |
| for vehicles with
oversized loads promulgated under The | 8 |
| Illinois Administrative Procedure
Act. Police vehicles may be | 9 |
| required for escort under circumstances as
required by rules | 10 |
| and regulations of the Department.
| 11 |
| (h) Violation of any rule, limitation or condition or | 12 |
| provision of
any permit issued in accordance with the | 13 |
| provisions of this Section
shall not render the entire permit | 14 |
| null and void but the violator shall
be deemed guilty of | 15 |
| violation of permit and guilty of exceeding any size,
weight or | 16 |
| load limitations in excess of those authorized by the permit.
| 17 |
| The prescribed route or routes on the permit are not mere | 18 |
| rules, limitations,
conditions, or provisions of the permit, | 19 |
| but are also the sole extent of the
authorization granted by | 20 |
| the permit. If a vehicle and load are found to be
off the route | 21 |
| or routes prescribed by any permit authorizing movement,
the | 22 |
| vehicle and load are operating without a permit. Any off route | 23 |
| movement
shall be subject to the size and weight maximums, | 24 |
| under the applicable
provisions of this Chapter, as determined | 25 |
| by the type or class highway upon
which the vehicle and load | 26 |
| are being operated.
|
|
|
|
HB0031 Engrossed |
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|
| 1 |
| (i) Whenever any vehicle is operated or movement made under | 2 |
| a
fraudulent permit the permit shall be void, and the person, | 3 |
| firm, or
corporation to whom such permit was granted, the | 4 |
| driver of such vehicle
in addition to the person who issued | 5 |
| such permit and any accessory,
shall be guilty of fraud and | 6 |
| either one or all persons may be prosecuted
for such violation. | 7 |
| Any person, firm, or corporation committing such
violation | 8 |
| shall be guilty of a Class 4 felony and the Department shall
| 9 |
| not issue permits to the person, firm or corporation convicted | 10 |
| of such
violation for a period of one year after the date of | 11 |
| conviction.
Penalties for violations of this Section shall be | 12 |
| in addition to any
penalties imposed for violation of other | 13 |
| Sections of this Act.
| 14 |
| (j) Whenever any vehicle is operated or movement made in | 15 |
| violation
of a permit issued in accordance with this Section, | 16 |
| the person to whom
such permit was granted, or the driver of | 17 |
| such vehicle, is guilty of
such violation and either, but not | 18 |
| both, persons may be prosecuted for
such violation as stated in | 19 |
| this subsection (j). Any person, firm or
corporation convicted | 20 |
| of such violation shall be guilty of a petty
offense and shall | 21 |
| be fined for the first offense, not less than $50 nor
more than | 22 |
| $200 and, for the second offense by the same person, firm or
| 23 |
| corporation within a period of one year, not less than $200 nor | 24 |
| more
than $300 and, for the third offense by the same person, | 25 |
| firm or
corporation within a period of one year after the date | 26 |
| of the first
offense, not less than $300 nor more than $500 and |
|
|
|
HB0031 Engrossed |
- 54 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| the Department shall
not issue permits to the person, firm or | 2 |
| corporation convicted of a
third offense during a period of one | 3 |
| year after the date of conviction
for such third offense.
| 4 |
| (k) Whenever any vehicle is operated on local roads under | 5 |
| permits
for excess width or length issued by local authorities, | 6 |
| such vehicle may
be moved upon a State highway for a distance | 7 |
| not to exceed one-half mile
without a permit for the purpose of | 8 |
| crossing the State highway.
| 9 |
| (l) Notwithstanding any other provision of this Section, | 10 |
| the Department,
with respect to highways under its | 11 |
| jurisdiction, and local authorities, with
respect to highways | 12 |
| under their jurisdiction, may at their discretion authorize
the | 13 |
| movement of a vehicle in violation of any size or weight | 14 |
| requirement, or
both, that would not ordinarily be eligible for | 15 |
| a permit, when there is a
showing of extreme necessity that the | 16 |
| vehicle and load should be moved without
unnecessary delay.
| 17 |
| For the purpose of this subsection, showing of extreme | 18 |
| necessity shall be
limited to the following: shipments of | 19 |
| livestock, hazardous materials, liquid
concrete being hauled | 20 |
| in a mobile cement mixer, or hot asphalt.
| 21 |
| (m) Penalties for violations of this Section shall be in | 22 |
| addition to any
penalties imposed for violating any other | 23 |
| Section of this Code.
| 24 |
| (n) The Department with respect to highways under its | 25 |
| jurisdiction and
local
authorities with respect to highways | 26 |
| under their jurisdiction, in their
discretion and upon
|
|
|
|
HB0031 Engrossed |
- 55 - |
LRB095 03321 DRH 23323 b |
|
| 1 |
| application in writing, may issue a special permit for | 2 |
| continuous limited
operation,
authorizing the applicant to | 3 |
| operate a tow-truck that exceeds the weight limits
provided
for | 4 |
| in subsection (d) of Section 15-111, provided:
| 5 |
| (1) no rear single axle of the tow-truck exceeds 26,000 | 6 |
| pounds;
| 7 |
| (2) no rear tandem axle of the tow-truck exceeds 50,000 | 8 |
| pounds;
| 9 |
| (2.1) no triple rear axle on a manufactured recovery | 10 |
| unit exceeds 56,000 pounds;
| 11 |
| (3) neither the disabled vehicle nor the disabled | 12 |
| combination of vehicles
exceed the
weight restrictions | 13 |
| imposed by this Chapter 15, or the weight limits imposed
| 14 |
| under a
permit issued by the Department prior to hookup;
| 15 |
| (4) the tow-truck prior to hookup does not exceed the | 16 |
| weight restrictions
imposed
by this Chapter 15;
| 17 |
| (5) during the tow operation the tow-truck does not | 18 |
| violate any weight
restriction
sign;
| 19 |
| (6) the tow-truck is equipped with flashing, rotating, | 20 |
| or oscillating
amber
lights,
visible for at least 500 feet | 21 |
| in all directions;
| 22 |
| (7) the tow-truck is specifically designed and | 23 |
| licensed as a tow-truck;
| 24 |
| (8) the tow-truck has a gross vehicle weight rating of | 25 |
| sufficient
capacity to safely
handle the load;
| 26 |
| (9) the tow-truck is equipped with air brakes;
|
|
|
|
HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
|
| 1 |
| (10) the tow-truck is capable of utilizing the lighting | 2 |
| and braking
systems of the
disabled vehicle or combination | 3 |
| of vehicles;
| 4 |
| (11) the tow commences at the initial point of wreck or | 5 |
| disablement and terminates at a point where the repairs are | 6 |
| actually to occur;
| 7 |
| (12) the permit issued to the tow-truck is carried in | 8 |
| the tow-truck
and
exhibited on demand by a police officer; | 9 |
| and
| 10 |
| (13) the movement shall be valid only on state routes | 11 |
| approved by the
Department.
| 12 |
| (o) The Department, with respect to highways under its
| 13 |
| jurisdiction, and local authorities, with respect to highways | 14 |
| under
their jurisdiction, in their discretion and upon | 15 |
| application in
writing, may issue a special permit for | 16 |
| continuous limited
operation, authorizing the applicant to | 17 |
| transport raw milk that exceeds
the weight limits provided for | 18 |
| in subsections (b) and (f) of Section 15-111 of this Code, | 19 |
| provided:
| 20 |
| (1) no single axle exceeds 20,000 pounds;
| 21 |
| (2) no gross weight exceeds 80,000 pounds;
| 22 |
| (3) permits issued by the State are good only for | 23 |
| federal
and State highways and are not applicable to | 24 |
| interstate highways;
and
| 25 |
| (4) all road and bridge postings must be obeyed.
| 26 |
| (p) Any vehicle utilizing an auxiliary power or idle |
|
|
|
HB0031 Engrossed |
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LRB095 03321 DRH 23323 b |
|
| 1 |
| reduction technology unit in order to promote reduction of fuel | 2 |
| use and emissions because of engine idling shall be allowed an | 3 |
| additional 400 pounds total to the gross, axle, tandem, or | 4 |
| bridge formula weight limits defined in Section 15-111 of this | 5 |
| Code, and to registered weights found in Chapter 3 of this | 6 |
| Code. To be eligible for this exception, the operator of the | 7 |
| vehicle must be able to prove, by written certification, the | 8 |
| weight of the auxiliary power unit (APU) and to demonstrate or | 9 |
| certify the idle reduction technology is fully functional at | 10 |
| all times. | 11 |
| Certification of the weight of the APU must be available to | 12 |
| law enforcement officers if the vehicle is found in violation | 13 |
| of applicable weight laws. The weight allowed cannot exceed 400 | 14 |
| pounds or the weight certified, whichever is less. APU weights | 15 |
| shall not be considered in the calculation of any tolerances | 16 |
| allowed by 15-112 of this Code. | 17 |
| (Source: P.A. 93-718, eff. 1-1-05; 93-971, eff. 8-20-04; | 18 |
| 93-1023, eff. 8-25-04; revised 10-14-04.)
|
|