Full Text of HB5057 100th General Assembly
HB5057enr 100TH GENERAL ASSEMBLY |
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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 State Police Act is amended by changing | 5 | | Section 18 as follows:
| 6 | | (20 ILCS 2610/18) (from Ch. 121, par. 307.18)
| 7 | | Sec. 18.
The Director may also authorize any
civilian | 8 | | employee of the Department who is not a State policeman to be
a | 9 | | truck weighing inspector with the power of enforcing the | 10 | | provisions of
Sections 15-102, 15-103, 15-107, 15-111 , and | 11 | | 15-301 and subsection (d) of
Section 3-401 of the Illinois | 12 | | Vehicle Code.
| 13 | | (Source: P.A. 88-476; 89-117, eff. 7-7-95.)
| 14 | | Section 10. The Illinois Vehicle Code is amended by | 15 | | changing Sections 15-102 and 15-301 as follows:
| 16 | | (625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
| 17 | | Sec. 15-102. Width of Vehicles.
| 18 | | (a) On Class III and non-designated State and local | 19 | | highways, the total
outside width of any vehicle or load | 20 | | thereon shall not exceed 8 feet 6 inches.
| 21 | | (b) Except during those times when, due to insufficient |
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| 1 | | light or unfavorable
atmospheric conditions, persons and | 2 | | vehicles on the highway are not clearly
discernible at a | 3 | | distance of 1000 feet, the following vehicles may exceed
the 8 | 4 | | feet 6 inch limitation during the period from a half hour | 5 | | before
sunrise to a half hour after sunset:
| 6 | | (1) Loads of hay, straw or other similar farm products | 7 | | provided that the
load is not more than 12 feet wide.
| 8 | | (2) Implements of husbandry being transported on | 9 | | another vehicle and the
transporting vehicle while loaded.
| 10 | | The following requirements apply to the transportation | 11 | | on another vehicle
of an implement of husbandry wider than | 12 | | 8 feet 6 inches on the National System
of Interstate and | 13 | | Defense Highways or other highways in the system of State
| 14 | | highways:
| 15 | | (A) The driver of a vehicle transporting an | 16 | | implement of husbandry
that exceeds 8 feet 6 inches in | 17 | | width shall obey all traffic laws and shall
check the | 18 | | roadways prior to making a movement in order to ensure | 19 | | that adequate
clearance is available for the movement. | 20 | | It is prima facie evidence that the
driver of a vehicle | 21 | | transporting an implement of husbandry has failed to | 22 | | check
the roadway prior to making a movement if the | 23 | | vehicle is involved in a
collision with a bridge, | 24 | | overpass, fixed structure, or properly placed traffic
| 25 | | control device or if the vehicle blocks traffic due
to | 26 | | its inability to proceed because of a bridge, overpass, |
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| 1 | | fixed structure, or
properly placed traffic control | 2 | | device.
| 3 | | (B) Flags shall be displayed so as to wave freely | 4 | | at the extremities of
overwidth objects and at the | 5 | | extreme ends of all protrusions, projections, and
| 6 | | overhangs. All flags shall be clean, bright red flags | 7 | | with no advertising,
wording, emblem, or insignia | 8 | | inscribed upon them and at least 18 inches square.
| 9 | | (C) "OVERSIZE LOAD" signs are mandatory on the | 10 | | front and rear of all
vehicles with loads over 10 feet | 11 | | wide. These signs must have 12-inch high
black letters | 12 | | with a 2-inch stroke on a yellow sign that is 7 feet | 13 | | wide by 18
inches high.
| 14 | | (D) One civilian escort vehicle is required for a | 15 | | load that exceeds 14
feet 6 inches in width and 2 | 16 | | civilian escort vehicles are required for a
load that | 17 | | exceeds 16 feet in width on the National System of | 18 | | Interstate and
Defense Highways or other highways in | 19 | | the system of State highways.
| 20 | | (E) The requirements for a civilian escort vehicle | 21 | | and driver are as
follows:
| 22 | | (1) The civilian escort vehicle shall be a | 23 | | passenger car or a second
division vehicle not | 24 | | exceeding a gross vehicle weight rating of 26,000 | 25 | | 8,000 pounds that is
designed to afford clear and | 26 | | unobstructed vision to both front and rear.
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| 1 | | (2) The escort vehicle driver must be properly | 2 | | licensed to operate
the vehicle.
| 3 | | (3) While in use, the escort vehicle must be | 4 | | equipped with illuminated
rotating, oscillating, | 5 | | or flashing amber lights or flashing amber strobe | 6 | | lights
mounted on top that are of sufficient | 7 | | intensity to be visible at 500 feet in
normal | 8 | | sunlight.
| 9 | | (4) "OVERSIZE LOAD" signs are mandatory on all | 10 | | escort vehicles. The
sign on an escort vehicle | 11 | | shall have 8-inch high black letters on a yellow
| 12 | | sign that is 5 feet wide by 12 inches high.
| 13 | | (5) When only one escort vehicle is required | 14 | | and it is operating on a
two-lane highway, the | 15 | | escort vehicle shall travel approximately 300 feet | 16 | | ahead
of the load. The rotating, oscillating, or | 17 | | flashing lights or flashing amber
strobe lights | 18 | | and an "OVERSIZE LOAD" sign shall be displayed on | 19 | | the escort
vehicle and shall be visible from the | 20 | | front. When only one escort vehicle is
required and | 21 | | it is operating on a multilane divided highway, the | 22 | | escort vehicle
shall travel approximately 300 feet | 23 | | behind the load and the sign and lights
shall be | 24 | | visible from the rear.
| 25 | | (6) When 2 escort vehicles are required, one | 26 | | escort shall travel
approximately 300 feet ahead |
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| 1 | | of the load and the second escort shall travel
| 2 | | approximately 300 feet behind the load. The | 3 | | rotating, oscillating, or flashing
lights or | 4 | | flashing amber strobe lights and an "OVERSIZE | 5 | | LOAD" sign shall be
displayed on the escort | 6 | | vehicles and shall be visible from the front on the
| 7 | | lead escort and from the rear on the trailing | 8 | | escort.
| 9 | | (7) When traveling within the corporate limits | 10 | | of a municipality, the
escort vehicle shall | 11 | | maintain a reasonable and proper distance from the
| 12 | | oversize load, consistent with existing traffic | 13 | | conditions.
| 14 | | (8) A separate escort shall be provided for | 15 | | each load hauled.
| 16 | | (9) The driver of an escort vehicle shall obey | 17 | | all traffic laws.
| 18 | | (10) The escort vehicle must be in safe | 19 | | operational condition.
| 20 | | (11) The driver of the escort vehicle must be | 21 | | in radio contact with
the driver of the vehicle | 22 | | carrying the oversize load.
| 23 | | (F) A transport vehicle while under load of more | 24 | | than 8 feet 6 inches
in width must be equipped with an | 25 | | illuminated rotating, oscillating, or
flashing amber | 26 | | light or lights or a flashing amber strobe light or |
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| 1 | | lights
mounted on the top of the cab that are of | 2 | | sufficient intensity to be visible at
500 feet in | 3 | | normal sunlight. If the load on the transport vehicle | 4 | | blocks the
visibility of the amber lighting from the | 5 | | rear of the vehicle, the vehicle must
also be equipped | 6 | | with an illuminated rotating, oscillating, or flashing | 7 | | amber
light or lights or a flashing amber strobe light | 8 | | or lights mounted on the rear
of the load that are of | 9 | | sufficient intensity to be visible at 500 feet in
| 10 | | normal sunlight.
| 11 | | (G) When a flashing amber light is required on the | 12 | | transport vehicle
under load and it is operating on a | 13 | | two-lane highway, the transport vehicle
shall display | 14 | | to the rear at least one rotating, oscillating, or | 15 | | flashing light
or a flashing amber strobe light and an | 16 | | "OVERSIZE LOAD" sign. When a flashing
amber light is | 17 | | required on the transport vehicle under load and it is | 18 | | operating
on a multilane divided highway, the sign and | 19 | | light shall be visible from the
rear.
| 20 | | (H) Maximum speed shall be 45 miles per hour on all | 21 | | such moves or 5
miles per hour above the posted minimum | 22 | | speed limit, whichever is greater, but
the vehicle | 23 | | shall not at any time exceed the posted maximum speed | 24 | | limit.
| 25 | | (3) Portable buildings designed and used for | 26 | | agricultural and livestock
raising operations that are not |
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| 1 | | more than 14 feet wide and with not more
than a 1 foot | 2 | | overhang along the left side of the hauling vehicle. | 3 | | However,
the buildings shall not be transported more than | 4 | | 10 miles and not on any
route that is part of the National | 5 | | System of Interstate and Defense Highways.
| 6 | | All buildings when being transported shall display at least | 7 | | 2 red
cloth flags, not less than 12 inches square, mounted as | 8 | | high as practicable
on the left and right side of the building.
| 9 | | A State Police escort shall be required if it is necessary | 10 | | for this load
to use part of the left lane when crossing any 2 | 11 | | laned State highway bridge.
| 12 | | (c) Vehicles propelled by electric power obtained from | 13 | | overhead trolley
wires operated wholly within the corporate | 14 | | limits of a municipality are
also exempt from the width | 15 | | limitation.
| 16 | | (d) (Blank).
| 17 | | (d-1) A recreational vehicle, as defined in Section 1-169, | 18 | | may exceed 8 feet 6 inches in width if:
| 19 | | (1) the excess width is attributable to appurtenances | 20 | | that extend 6 inches or less beyond either side of the body | 21 | | of the vehicle; and
| 22 | | (2) the roadway on which the vehicle is traveling has | 23 | | marked lanes for vehicular traffic that are at least 11 | 24 | | feet in width. | 25 | | As used in this subsection (d-1) and in subsection (d-2), | 26 | | the term appurtenance includes (i) a retracted awning and its |
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| 1 | | support hardware and (ii) any appendage that is intended to be | 2 | | an integral part of a recreation vehicle. | 3 | | (d-2) A recreational vehicle that exceeds 8 feet 6 inches | 4 | | in width as provided in subsection (d-1) may travel any roadway | 5 | | of the State if the vehicle is being operated between a roadway | 6 | | permitted under subsection (d-1) and: | 7 | | (1) the location where the recreation vehicle is | 8 | | garaged; | 9 | | (2) the destination of the recreation vehicle; or | 10 | | (3) a facility for food, fuel, repair, services, or | 11 | | rest.
| 12 | | (e) A vehicle and load traveling upon the National System | 13 | | of Interstate
and Defense Highways or any other highway in the | 14 | | system of State highways
that has been designated as a Class I | 15 | | or Class II highway by the
Department, or any street or highway | 16 | | designated by local authorities, may have a total outside width | 17 | | of 8 feet 6
inches, provided that certain safety devices that | 18 | | the Department
determines as necessary for the safe and | 19 | | efficient operation of motor
vehicles shall not be included in | 20 | | the calculation of width.
| 21 | | Section 5-35 of the Illinois Administrative Procedure Act | 22 | | relating to
procedures for rulemaking shall not apply to the | 23 | | designation of highways under
this paragraph (e).
| 24 | | (f) Mirrors required by Section 12-502 of this Code and | 25 | | other safety devices
identified by the Department may project | 26 | | up to 14 inches beyond each side of
a bus and up to 6 inches |
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| 1 | | beyond each
side
of any other vehicle, and that projection | 2 | | shall not be deemed a
violation of the width restrictions of | 3 | | this Section.
| 4 | | (g) Any person who is convicted of violating this Section | 5 | | is subject to
the penalty as provided in paragraph (b) of | 6 | | Section 15-113.
| 7 | | (Source: P.A. 96-34, eff. 1-1-10; 96-37, eff. 7-13-09; 96-220, | 8 | | eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 9 | | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| 10 | | Sec. 15-301. Permits for excess size and weight.
| 11 | | (a) The Department with respect to highways under its | 12 | | jurisdiction
and local authorities with respect to highways | 13 | | under their jurisdiction
may, in their discretion, upon | 14 | | application and good cause being shown
therefor, issue a | 15 | | special permit authorizing the applicant to operate or
move a | 16 | | vehicle or combination of vehicles of a size or weight of | 17 | | vehicle or
load exceeding the maximum specified in this Act or | 18 | | otherwise not in
conformity with this Act upon any highway | 19 | | under the jurisdiction of the
party granting such permit and | 20 | | for the maintenance of which the party is
responsible. | 21 | | Applications and permits other than those in written or
printed | 22 | | form may only be accepted from and issued to the company or
| 23 | | individual making the movement. Except for an application to | 24 | | move directly
across a highway, it shall be the duty of the | 25 | | applicant to establish in the
application that the load to be |
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| 1 | | moved by such vehicle or combination cannot reasonably be
| 2 | | dismantled or
disassembled, the reasonableness of which shall | 3 | | be determined by the Secretary of the Department. For the | 4 | | purpose of
over length movements,
more than one object may be | 5 | | carried side by side as long as the height, width,
and weight | 6 | | laws are not exceeded and the cause for the over length is not | 7 | | due
to multiple objects. For the purpose of over height | 8 | | movements, more than one
object may be carried as long as the | 9 | | cause for the over height is not due to
multiple objects and | 10 | | the length, width, and weight laws are not exceeded. For
the | 11 | | purpose of an over width movement, more than one object may be | 12 | | carried as
long as the cause for the over width is not due to | 13 | | multiple objects and length,
height, and weight laws are not | 14 | | exceeded. Except for transporting fluid milk products, no State | 15 | | or local agency shall
authorize the issuance of excess size or | 16 | | weight permits for vehicles and loads
that are divisible and | 17 | | that can be carried, when divided, within the existing
size or | 18 | | weight maximums specified in this Chapter. Any excess size or | 19 | | weight
permit issued in violation of the provisions of this | 20 | | Section shall be void at
issue and any movement made thereunder | 21 | | shall not be authorized under the terms
of the void permit. In | 22 | | any prosecution for a violation of this Chapter when
the | 23 | | authorization of an excess size or weight permit is at issue, | 24 | | it is the
burden of the defendant to establish that the permit | 25 | | was valid because the load
to be moved could not reasonably be | 26 | | dismantled or disassembled, or was
otherwise nondivisible.
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| 1 | | (b) The application for any such permit shall: (1) state | 2 | | whether
such permit is requested for a single trip or for | 3 | | limited continuous
operation; (2) state if the applicant is an | 4 | | authorized carrier under the
Illinois Motor Carrier of Property | 5 | | Law, if so, his certificate,
registration or permit number | 6 | | issued by the Illinois Commerce
Commission; (3) specifically | 7 | | describe and identify the vehicle or
vehicles and load to be | 8 | | operated or moved except that for vehicles or
vehicle | 9 | | combinations registered by the Department as provided in | 10 | | Section
15-319 of this Chapter, only the Illinois Department of | 11 | | Transportation's
(IDT) registration number or classification | 12 | | need be given; (4) state the
routing requested including the | 13 | | points of origin and destination, and may
identify and include | 14 | | a request for routing to the nearest certified scale
in | 15 | | accordance with the Department's rules and regulations, | 16 | | provided the
applicant has approval to travel on local roads; | 17 | | and (5) state if the
vehicles or loads are being transported | 18 | | for hire. No permits for the
movement of a vehicle or load for | 19 | | hire shall be issued to any applicant who
is required under the | 20 | | Illinois Motor Carrier of Property Law to have a
certificate, | 21 | | registration or permit and does not have such certificate,
| 22 | | registration or permit.
| 23 | | (c) The Department or local authority when not inconsistent | 24 | | with
traffic safety is authorized to issue or withhold such | 25 | | permit at its
discretion; or, if such permit is issued at its | 26 | | discretion to prescribe
the route or routes to be traveled, to |
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| 1 | | limit the number of trips, to
establish seasonal or other time | 2 | | limitations within which the vehicles
described may be operated | 3 | | on the highways indicated, or otherwise to
limit or prescribe | 4 | | conditions of operations of such vehicle or vehicles,
when | 5 | | necessary to assure against undue damage to the road | 6 | | foundations,
surfaces or structures, and may require such | 7 | | undertaking or other
security as may be deemed necessary to | 8 | | compensate for any injury to any
roadway or road structure. The | 9 | | Department shall maintain a daily record of
each permit issued | 10 | | along with the fee and the stipulated dimensions,
weights, | 11 | | conditions and restrictions authorized and this record shall be
| 12 | | presumed correct in any case of questions or dispute. The | 13 | | Department shall
install an automatic device for recording | 14 | | applications received and permits
issued by telephone. In | 15 | | making application by telephone, the Department and
applicant | 16 | | waive all objections to the recording of the conversation.
| 17 | | (d) The Department shall, upon application in writing from | 18 | | any local
authority, issue an annual permit authorizing the | 19 | | local authority to
move oversize highway construction, | 20 | | transportation, utility and maintenance
equipment over roads | 21 | | under the jurisdiction of the Department. The permit
shall be | 22 | | applicable only to equipment and vehicles owned by or | 23 | | registered
in the name of the local authority, and no fee shall | 24 | | be charged for the
issuance of such permits.
| 25 | | (e) As an exception to subsection paragraph (a) of this | 26 | | Section, the Department
and local authorities, with respect to |
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| 1 | | highways under their respective
jurisdictions, in their | 2 | | discretion and upon application in writing may
issue a special | 3 | | permit for limited continuous operation, authorizing the
| 4 | | applicant to move loads of agricultural commodities on a 2-axle | 5 | | 2 axle single
vehicle registered by the Secretary of State with | 6 | | axle loads not to exceed
35%, on a 3-axle or 4-axle 3 or 4 axle
| 7 | | vehicle registered by the Secretary of State with axle loads
| 8 | | not to exceed 20%, and on a 5-axle 5 axle vehicle registered by | 9 | | the
Secretary of State not to exceed 10% above those provided | 10 | | in Section 15-111. The total gross weight of the vehicle, | 11 | | however,
may not exceed the maximum gross weight of the | 12 | | registration class of the vehicle allowed under Section 3-815 | 13 | | or 3-818 of this Code. | 14 | | As used in this Section, "agricultural commodities"
means: | 15 | | (1) cultivated plants or agricultural produce grown
| 16 | | including, but is not limited to, corn, soybeans, wheat, | 17 | | oats, grain sorghum, canola, and rice; | 18 | | (2) livestock, including , but not limited to , hogs, | 19 | | equine, sheep, and poultry; | 20 | | (3) ensilage; and | 21 | | (4) fruits and vegetables.
| 22 | | Permits may be issued for a
period not to exceed 40 days | 23 | | and moves may be made of a distance not to
exceed 50 miles from | 24 | | a field, an on-farm grain storage facility, a warehouse as | 25 | | defined in the Illinois Grain Code, or a livestock management | 26 | | facility as defined in the Livestock Management Facilities Act |
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| 1 | | over any
highway except the National System of Interstate and | 2 | | Defense Highways. The operator of the vehicle,
however, must | 3 | | abide by posted bridge and posted highway weight limits. All | 4 | | implements of husbandry operating under this Section between | 5 | | sunset and sunrise shall be equipped as prescribed in Section | 6 | | 12-205.1.
| 7 | | (e-1) Upon a declaration by the Governor that an emergency | 8 | | harvest situation
exists, a special permit issued by the | 9 | | Department under this Section shall
be required from September | 10 | | 1 through December 31 during harvest season
emergencies for a | 11 | | vehicle that exceeds the maximum axle weight and gross weight | 12 | | limits under Section 15-111 of this Code or exceeds the | 13 | | vehicle's registered gross weight, provided that the vehicle's | 14 | | axle weight and gross weight do not exceed 10% above the | 15 | | maximum limits under Section 15-111 of this Code and does not | 16 | | exceed the vehicle's registered gross weight by 10%. All other | 17 | | restrictions that apply to permits issued under this Section | 18 | | shall apply during the declared time period and no fee shall be | 19 | | charged for the issuance of those permits. Permits issued by | 20 | | the Department under this subsection (e-1) are only valid on | 21 | | federal and State highways under the jurisdiction of the | 22 | | Department, except interstate highways. With
respect to | 23 | | highways under the jurisdiction of local authorities, the local
| 24 | | authorities may, at their discretion, waive special permit | 25 | | requirements during
harvest season emergencies, and set a | 26 | | divisible load weight limit not to exceed 10% above a vehicle's |
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| 1 | | registered gross weight, provided that the vehicle's axle | 2 | | weight and gross weight do not exceed 10% above the maximum | 3 | | limits specified in Section 15-111. Permits issued under this | 4 | | subsection (e-1) shall apply to all registered vehicles
| 5 | | eligible to obtain permits under this Section, including | 6 | | vehicles used in private or for-hire movement of divisible load | 7 | | agricultural commodities during the declared time period.
| 8 | | (f) The form and content of the permit shall be determined | 9 | | by the
Department with respect to highways under its | 10 | | jurisdiction and by local
authorities with respect to highways | 11 | | under their jurisdiction. Every permit
shall be in written form | 12 | | and carried in the vehicle or combination of
vehicles to which | 13 | | it refers and shall be open to inspection by any
police officer | 14 | | or authorized agent of any authority granting the permit
and no | 15 | | person shall violate any of the terms or conditions of such
| 16 | | special permit. Violation of the terms and conditions of the | 17 | | permit
shall not be deemed a revocation of the permit; however, | 18 | | any vehicle and load
found to be off the route prescribed in | 19 | | the permit shall be held to be
operating without a permit. Any | 20 | | off route vehicle and load shall be required
to obtain a new | 21 | | permit or permits, as necessary, to authorize the movement back
| 22 | | onto the original permit routing. No rule or regulation, nor | 23 | | anything herein
shall be construed to authorize any police | 24 | | officer, court, or authorized agent
of any authority granting | 25 | | the permit to remove the permit from the possession
of the | 26 | | permittee unless the permittee is charged with a fraudulent |
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| 1 | | permit
violation as provided in subsection paragraph (i). | 2 | | However, upon arrest for an offense of
violation of permit, | 3 | | operating without a permit when the vehicle is off route,
or | 4 | | any size or weight offense under this Chapter when the | 5 | | permittee plans to
raise the issuance of the permit as a | 6 | | defense, the permittee, or his agent,
must produce the permit | 7 | | at any court hearing concerning the alleged offense.
| 8 | | If the permit designates and includes a routing to a | 9 | | certified scale, the permittee, while enroute to the designated | 10 | | scale, shall be deemed in compliance
with the weight provisions | 11 | | of the permit provided the axle or gross weights
do not exceed | 12 | | any of the permitted limits by more than the following amounts:
| 13 | | Single axle 2000 pounds
| 14 | | Tandem axle 3000 pounds
| 15 | | Gross 5000 pounds
| 16 | | (g) The Department is authorized to adopt, amend, and to | 17 | | make
available to interested persons a policy concerning | 18 | | reasonable rules,
limitations and conditions or provisions of | 19 | | operation upon highways
under its jurisdiction in addition to | 20 | | those contained in this Section
for the movement by special | 21 | | permit of vehicles, combinations, or loads
which cannot | 22 | | reasonably be dismantled or disassembled, including
| 23 | | manufactured and modular home sections and portions thereof. | 24 | | All rules,
limitations and conditions or provisions adopted in | 25 | | the policy shall
have due regard for the safety of the | 26 | | traveling public and the protection
of the highway system and |
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| 1 | | shall have been promulgated in conformity with
the provisions | 2 | | of the Illinois Administrative Procedure Act. The
requirements | 3 | | of the policy for flagmen and escort vehicles shall be the
same | 4 | | for all moves of comparable size and weight. When escort | 5 | | vehicles are
required, they shall meet the following | 6 | | requirements:
| 7 | | (1) All operators shall be 18 years of age or over and | 8 | | properly
licensed to operate the vehicle.
| 9 | | (2) Vehicles escorting oversized loads more than | 10 | | 12-feet wide must
be equipped with a rotating or flashing | 11 | | amber light mounted on top as specified
under Section | 12 | | 12-215.
| 13 | | The Department shall establish reasonable rules and | 14 | | regulations
regarding liability insurance or self insurance | 15 | | for vehicles with
oversized loads promulgated under the | 16 | | Illinois Administrative Procedure
Act. Police vehicles may be | 17 | | required for escort under circumstances as
required by rules | 18 | | and regulations of the Department.
| 19 | | (h) Violation of any rule, limitation or condition or | 20 | | provision of
any permit issued in accordance with the | 21 | | provisions of this Section
shall not render the entire permit | 22 | | null and void but the violator shall
be deemed guilty of | 23 | | violation of permit and guilty of exceeding any size,
weight or | 24 | | load limitations in excess of those authorized by the permit.
| 25 | | The prescribed route or routes on the permit are not mere | 26 | | rules, limitations,
conditions, or provisions of the permit, |
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| 1 | | but are also the sole extent of the
authorization granted by | 2 | | the permit. If a vehicle and load are found to be
off the route | 3 | | or routes prescribed by any permit authorizing movement,
the | 4 | | vehicle and load are operating without a permit. Any off-route | 5 | | off route movement
shall be subject to the size and weight | 6 | | maximums, under the applicable
provisions of this Chapter, as | 7 | | determined by the type or class highway upon
which the vehicle | 8 | | and load are being operated.
| 9 | | (i) Whenever any vehicle is operated or movement made under | 10 | | a
fraudulent permit the permit shall be void, and the person, | 11 | | firm, or
corporation to whom such permit was granted, the | 12 | | driver of such vehicle
in addition to the person who issued | 13 | | such permit and any accessory,
shall be guilty of fraud and | 14 | | either one or all persons may be prosecuted
for such violation. | 15 | | Any person, firm, or corporation committing such
violation | 16 | | shall be guilty of a Class 4 felony and the Department shall
| 17 | | not issue permits to the person, firm or corporation convicted | 18 | | of such
violation for a period of one year after the date of | 19 | | conviction.
Penalties for violations of this Section shall be | 20 | | in addition to any
penalties imposed for violation of other | 21 | | Sections of this Code Act .
| 22 | | (j) Whenever any vehicle is operated or movement made in | 23 | | violation
of a permit issued in accordance with this Section, | 24 | | the person to whom
such permit was granted, or the driver of | 25 | | such vehicle, is guilty of
such violation and either, but not | 26 | | both, persons may be prosecuted for
such violation as stated in |
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| 1 | | this subsection (j). Any person, firm , or
corporation convicted | 2 | | of such violation shall be guilty of a petty
offense and shall | 3 | | be fined for the first offense, not less than $50 nor
more than | 4 | | $200 and, for the second offense by the same person, firm , or
| 5 | | corporation within a period of one year, not less than $200 nor | 6 | | more
than $300 and, for the third offense by the same person, | 7 | | firm , or
corporation within a period of one year after the date | 8 | | of the first
offense, not less than $300 nor more than $500 and | 9 | | the Department may, in its descretion, shall
not issue permits | 10 | | to the person, firm , or corporation convicted of a
third | 11 | | offense during a period of one year after the date of | 12 | | conviction
or supervision for such third offense . If any | 13 | | violation is the cause or contributing cause in a motor vehicle | 14 | | accident causing damage to property, injury, or death to a | 15 | | person, the Department may, in its discretion, not issue a | 16 | | permit to the person, firm, or corporation for a period of one | 17 | | year after the date of conviction or supervision for the | 18 | | offense .
| 19 | | (k) Whenever any vehicle is operated on local roads under | 20 | | permits
for excess width or length issued by local authorities, | 21 | | such vehicle may
be moved upon a State highway for a distance | 22 | | not to exceed one-half mile
without a permit for the purpose of | 23 | | crossing the State highway.
| 24 | | (l) Notwithstanding any other provision of this Section, | 25 | | the Department,
with respect to highways under its | 26 | | jurisdiction, and local authorities, with
respect to highways |
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| 1 | | under their jurisdiction, may at their discretion authorize
the | 2 | | movement of a vehicle in violation of any size or weight | 3 | | requirement, or
both, that would not ordinarily be eligible for | 4 | | a permit, when there is a
showing of extreme necessity that the | 5 | | vehicle and load should be moved without
unnecessary delay.
| 6 | | For the purpose of this subsection, showing of extreme | 7 | | necessity shall be
limited to the following: shipments of | 8 | | livestock, hazardous materials, liquid
concrete being hauled | 9 | | in a mobile cement mixer, or hot asphalt.
| 10 | | (m) Penalties for violations of this Section shall be in | 11 | | addition to any
penalties imposed for violating any other | 12 | | Section of this Code.
| 13 | | (n) The Department with respect to highways under its | 14 | | jurisdiction and
local
authorities with respect to highways | 15 | | under their jurisdiction, in their
discretion and upon
| 16 | | application in writing, may issue a special permit for | 17 | | continuous limited
operation,
authorizing the applicant to | 18 | | operate a tow truck tow-truck that exceeds the weight limits
| 19 | | provided
for in subsection (a) of Section 15-111, provided:
| 20 | | (1) no rear single axle of the tow truck tow-truck | 21 | | exceeds 26,000 pounds;
| 22 | | (2) no rear tandem axle of the tow truck tow-truck | 23 | | exceeds 50,000 pounds;
| 24 | | (2.1) no triple rear axle on a manufactured recovery | 25 | | unit exceeds 60,000
pounds; | 26 | | (3) neither the disabled vehicle nor the disabled |
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| 1 | | combination of vehicles
exceed the
weight restrictions | 2 | | imposed by this Chapter 15, or the weight limits imposed
| 3 | | under a
permit issued by the Department prior to hookup;
| 4 | | (4) the tow truck tow-truck prior to hookup does not | 5 | | exceed the weight restrictions
imposed
by this Chapter 15;
| 6 | | (5) during the tow operation the tow truck tow-truck | 7 | | does not violate any weight
restriction
sign;
| 8 | | (6) the tow truck tow-truck is equipped with flashing, | 9 | | rotating, or oscillating
amber
lights,
visible for at least | 10 | | 500 feet in all directions;
| 11 | | (7) the tow truck tow-truck is specifically designed | 12 | | and licensed as a tow truck tow-truck ;
| 13 | | (8) the tow truck tow-truck has a gross vehicle weight | 14 | | rating of sufficient
capacity to safely
handle the load;
| 15 | | (9) the tow truck tow-truck is equipped with air | 16 | | brakes;
| 17 | | (10) the tow truck tow-truck is capable of utilizing | 18 | | the lighting and braking
systems of the
disabled vehicle or | 19 | | combination of vehicles;
| 20 | | (11) the tow commences at the initial point of wreck or | 21 | | disablement and terminates at a point where the repairs are | 22 | | actually to occur;
| 23 | | (12) the permit issued to the tow truck tow-truck is | 24 | | carried in the tow truck tow-truck
and
exhibited on demand | 25 | | by a police officer; and
| 26 | | (13) the movement shall be valid only on State state |
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| 1 | | routes approved by the
Department.
| 2 | | (o) (Blank).
| 3 | | (p) In determining whether a load may be reasonably | 4 | | dismantled or disassembled for the purpose of subsection | 5 | | paragraph (a), the Department shall consider whether there is a | 6 | | significant negative impact on the condition of the pavement | 7 | | and structures along the proposed route, whether the load or | 8 | | vehicle as proposed causes a safety hazard to the traveling | 9 | | public, whether dismantling or disassembling the load promotes | 10 | | or stifles economic development and whether the proposed route | 11 | | travels less than 5 miles. A load is not required to be | 12 | | dismantled or disassembled for the purposes of subsection | 13 | | paragraph (a) if the Secretary of the Department determines | 14 | | there will be no significant negative impact to pavement or | 15 | | structures along the proposed route, the proposed load or | 16 | | vehicle causes no safety hazard to the traveling public, | 17 | | dismantling or disassembling the load does not promote economic | 18 | | development and the proposed route travels less than 5 miles.
| 19 | | The Department may promulgate rules for the purpose of | 20 | | establishing the divisibility of a load pursuant to subsection | 21 | | paragraph (a). Any load determined by the Secretary to be | 22 | | nondivisible shall otherwise comply with the existing size or | 23 | | weight maximums specified in this Chapter. | 24 | | (Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17; | 25 | | revised 10-12-17.)
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