Full Text of HB3113 97th General Assembly
HB3113 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB3113 Introduced 2/23/2011, by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/15-316 | from Ch. 95 1/2, par. 15-316 |
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Amends the Illinois Vehicle Code. Removes language restricting the applicability of fines for exceeding vehicle weight limits. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 15-316 as follows:
| 6 | | (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
| 7 | | Sec. 15-316. When the Department or local authority may | 8 | | restrict right to use highways.
| 9 | | (a) Except as provided in subsection (g), local authorities | 10 | | with
respect to highways under their jurisdiction may by | 11 | | ordinance or resolution
prohibit the operation of vehicles upon | 12 | | any such highway or impose
restrictions as to the weight of | 13 | | vehicles to be operated upon any such
highway, for a total | 14 | | period of not to exceed 90 days in any one calendar
year, | 15 | | whenever any said highway by reason of deterioration, rain, | 16 | | snow, or
other climate conditions will be seriously damaged or | 17 | | destroyed unless the
use of vehicles thereon is prohibited or | 18 | | the permissible weights thereof
reduced.
| 19 | | (b) The local authority
enacting any such ordinance or | 20 | | resolution shall erect or cause to be erected
and maintained | 21 | | signs designating the provision of the ordinance or resolution
| 22 | | at each end of that portion of any highway affected thereby, | 23 | | and the ordinance
or resolution shall not be effective unless |
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| 1 | | and until such signs are erected
and maintained.
| 2 | | (c) Local authorities with
respect to highways under their | 3 | | jurisdiction may also, by ordinance or
resolution, prohibit the | 4 | | operation of trucks or other commercial vehicles,
or may impose | 5 | | limitations as the weight thereof, on designated highways, | 6 | | which
prohibitions and limitations shall be designated by | 7 | | appropriate signs placed on
such highways.
| 8 | | (c-1) (Blank).
| 9 | | (d) The Department shall likewise have authority as | 10 | | hereinbefore
granted to local authorities to
determine by | 11 | | resolution and to impose restrictions as to the weight of | 12 | | vehicles
operated upon any highway under the jurisdiction of | 13 | | said department, and such
restrictions shall be effective when | 14 | | signs giving notice thereof are erected
upon the highway or | 15 | | portion of any highway affected by such resolution.
| 16 | | (d-1) (Blank).
| 17 | | (d-2) (Blank).
| 18 | | (e) When any vehicle is operated in violation of this | 19 | | Section, the owner
or driver of the vehicle shall be deemed | 20 | | guilty of a violation and either the
owner or the driver of the | 21 | | vehicle may be prosecuted for the violation. Any
person, firm, | 22 | | or corporation convicted of violating this Section shall be | 23 | | fined
$50 for any weight exceeding the posted limit up to the | 24 | | axle or gross weight
limit allowed a vehicle as provided for in | 25 | | subsections (a) or (b) of Section
15-111 and $75 per every 500 | 26 | | pounds or fraction thereof for any weight
exceeding that which |
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| 1 | | is provided for in subsections (a) or
(b) of Section 15-111.
| 2 | | (f) A municipality is authorized to enforce a county weight | 3 | | limit
ordinance applying to county highways within its | 4 | | corporate limits and is
entitled to the proceeds of any fines | 5 | | collected from the enforcement.
| 6 | | (g) An ordinance or resolution enacted by a county or | 7 | | township pursuant to subsection (a) of this Section shall not | 8 | | apply to cargo tank vehicles with two or three permanent axles | 9 | | when delivering propane for emergency heating purposes if the | 10 | | cargo tank is loaded at no more than 50 percent capacity, the | 11 | | gross vehicle weight of the vehicle does not exceed 32,000 | 12 | | pounds, and the driver of the cargo tank vehicle notifies the | 13 | | appropriate agency or agencies with jurisdiction over the | 14 | | highway before driving the vehicle on the highway pursuant to | 15 | | this subsection. The cargo tank vehicle must have an operating | 16 | | gauge on the cargo tank which indicates the amount of propane | 17 | | as a percent of capacity of the cargo tank. The cargo tank must | 18 | | have the capacity displayed on the cargo tank, or documentation | 19 | | of the capacity of the cargo tank must be available in the | 20 | | vehicle. For the purposes of this subsection, propane weighs | 21 | | 4.2 pounds per gallon. This subsection does not apply to | 22 | | municipalities. Nothing in this subsection shall allow cargo | 23 | | tank
vehicles
to cross bridges with posted weight restrictions | 24 | | if the vehicle exceeds the posted weight limit. | 25 | | (Source: P.A. 96-1337, eff. 1-1-11.)
| 26 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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