Full Text of HB5455 98th General Assembly
HB5455 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB5455 Introduced , by Rep. Brandon W. Phelps SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-819 | from Ch. 95 1/2, par. 3-819 | 625 ILCS 5/18b-101 | from Ch. 95 1/2, par. 18b-101 |
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Amends the Illinois Vehicle Code. Defines "covered farm vehicles" under the Illinois Motor Carrier Safety Law. Provides that when trailers registered as farm trailers are hauled by a motor vehicle of the second division that is 12,000 pounds or less that is not registered as a farm truck, that truck is subject to privileges and limitations on use as though it were registered as a farm truck. 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 | | Sections 3-819 and 18b-101 as follows:
| 6 | | (625 ILCS 5/3-819) (from Ch. 95 1/2, par. 3-819)
| 7 | | Sec. 3-819. Trailer; Flat weight tax.
| 8 | | (a) Farm Trailer. Any farm trailer drawn by a motor vehicle | 9 | | of the
second division registered under paragraph (a) or (c) of | 10 | | Section 3-815 and
used exclusively by the owner for his own | 11 | | agricultural, horticultural or
livestock raising operations | 12 | | and not used for hire, or any farm trailer
utilized only in the | 13 | | transportation for-hire of seasonal, fresh, perishable
fruit | 14 | | or vegetables from farm to the point of first processing, and | 15 | | any
trailer used with a farm tractor that is not an implement | 16 | | of husbandry may
be registered under this paragraph in lieu of | 17 | | registration under paragraph
(b) of this Section upon the | 18 | | filing of a proper application and the payment
of the $10 | 19 | | registration fee and the highway use tax herein for use of the
| 20 | | public highways of this State, at the following rates which | 21 | | include the $10
registration fee:
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22 | | SCHEDULE OF FEES AND TAXES |
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23 | | Gross Weight in Lbs. |
Class |
Total Amount |
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| 1 | | Including Vehicle |
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each |
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2 | | and Maximum Load |
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Fiscal Year |
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3 | | 10,000 lbs. or less |
VDD |
$60 |
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4 | | 10,001 to 14,000 lbs. |
VDE |
106 |
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5 | | 14,001 to 20,000 lbs. |
VDG |
166 |
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6 | | 20,001 to 28,000 lbs. |
VDJ |
378 |
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7 | | 28,001 to 36,000 lbs. |
VDL |
650 |
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8 | | When any trailer registered under this subsection is drawn | 9 | | by a motor vehicle of the second division registered for 12,000 | 10 | | pounds or less under subsection (a) of Section 3-815 of this | 11 | | Code or under subsection (a) of Section 3-818 of this Code, | 12 | | that motor vehicle shall comply with the limitations on use and | 13 | | shall be eligible for any privilege as though the motor vehicle | 14 | | was registered under subsection (c) of Section 3-815 of this | 15 | | Code, except that vehicles registered under Section 3-818 of | 16 | | this Code shall also comply with all restrictions and | 17 | | requirements provided in that Section. | 18 | | An owner may only apply for and receive two farm trailer
| 19 | | registrations.
| 20 | | (b) All other owners of trailers, other than apportionable | 21 | | trailers
registered under Section 3-402.1 of this Code, used | 22 | | with a motor vehicle on
the public highways, shall pay to the | 23 | | Secretary of State for each
registration year a flat weight | 24 | | tax, for the use of the public highways
of this State, at the | 25 | | following rates (which includes the registration
fee of $10 | 26 | | required by Section 3-813):
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| 1 | | SCHEDULE OF TRAILER FLAT |
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2 | | WEIGHT TAX REQUIRED |
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3 | | BY LAW |
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4 | | Gross Weight in Lbs. |
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Total Fees |
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5 | | Including Vehicle and |
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each |
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6 | | Maximum Load |
Class |
Fiscal Year |
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7 | | 3,000 lbs. and less |
TA |
$18 |
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8 | | 5,000 lbs. and more than 3,000 |
TB |
54 |
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9 | | 8,000 lbs. and more than 5,000 |
TC |
58 |
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10 | | 10,000 lbs. and more than 8,000 |
TD |
106 |
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11 | | 14,000 lbs. and more than 10,000 |
TE |
170 |
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12 | | 20,000 lbs. and more than 14,000 |
TG |
258 |
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13 | | 32,000 lbs. and more than 20,000 |
TK |
722 |
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14 | | 36,000 lbs. and more than 32,000 |
TL |
1,082 |
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15 | | 40,000 lbs. and more than 36,000 |
TN |
1,502 |
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16 | | (c) The number of axles necessary to carry the maximum load | 17 | | provided
shall be determined from Chapter 15 of this Code.
| 18 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 19 | | (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
| 20 | | Sec. 18b-101. Definitions. Unless the context otherwise | 21 | | clearly
requires, as used in this Chapter: | 22 | | "Agricultural commodities" means any agricultural | 23 | | commodity, non-processed food, feed, fiber, or livestock, | 24 | | including insects. | 25 | | "Agricultural operations" means the operation of a motor |
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| 1 | | vehicle or combination of vehicles transporting agricultural | 2 | | commodities or farm supplies for agricultural purposes.
| 3 | | "Air mile" means a nautical mile, which is equivalent to | 4 | | 6,076 feet or 1,852 meters. Accordingly, 100 air miles are | 5 | | equivalent to 115.08 statute miles or 185.2 kilometers.
| 6 | | "Commercial motor vehicle" means any self propelled or | 7 | | towed
vehicle used on public highways in interstate and | 8 | | intrastate commerce to
transport passengers or property when | 9 | | the vehicle has a gross vehicle
weight, a gross vehicle
weight | 10 | | rating, a gross combination weight, or a gross combination
| 11 | | weight rating of 10,001 or more pounds;
or the vehicle is used | 12 | | or designed to transport more than 15 passengers, including
the | 13 | | driver; or the vehicle is designed to carry 15 or fewer | 14 | | passengers and is
operated by a contract carrier transporting | 15 | | employees in the course of their
employment
on a highway of | 16 | | this State; or the vehicle is used or designed to transport | 17 | | between 9 and 15 passengers, including the driver, for direct | 18 | | compensation; or the vehicle is used in the
transportation of | 19 | | hazardous
materials in a quantity requiring placarding under | 20 | | the Illinois Hazardous
Materials Transportation Act. This | 21 | | definition shall not include farm
machinery, fertilizer | 22 | | spreaders, and other special agricultural movement
equipment | 23 | | described in Section 3-809 nor implements of husbandry as | 24 | | defined
in Section 1-130;
| 25 | | "Covered farm vehicle", for purposes of this Chapter and | 26 | | rule making under this Chapter, means a straight truck or |
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| 1 | | articulated vehicle, excluding vehicles transporting hazardous | 2 | | materials of a type or quantity that requires the vehicle to be | 3 | | placarded in accordance with the Illinois Hazardous Materials | 4 | | Transportation Act, registered in this State or another state | 5 | | and equipped with a special license plate or other designation | 6 | | by the state in which the vehicle is registered identifying the | 7 | | vehicle as a farm vehicle for law enforcement personnel and: | 8 | | (1) is operated by a farm or ranch owner or operator, | 9 | | or an employee or family member of the farm or ranch owner | 10 | | or operator; and | 11 | | (2) is being used to transport the following to or from | 12 | | a farm or ranch: | 13 | | (A) agricultural commodities; | 14 | | (B) livestock; or | 15 | | (C) machinery or supplies; and | 16 | | (3) if registered in this State, is: | 17 | | (A) registered as a farm truck under subsection (c) | 18 | | of Section 3-815 of this Code; or | 19 | | (B) operated in combination as an articulated | 20 | | vehicle where the truck in the combination is | 21 | | registered for 12,000 pounds or less under paragraph | 22 | | (a) of Section 3-815 of this Code or paragraph (a) of | 23 | | Section 3-818 of this Code and the trailer in the | 24 | | combination is registered as a farm trailer under | 25 | | paragraph (a) of Section 3-819 of this Code and | 26 | | displays a farm registration license plate; or |
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| 1 | | (C) a truck registered for 12,000 pounds or less | 2 | | under subsection (a) of Section 3-815 of this Code or | 3 | | subsection (a) of Section 3-818 of this Code towing an | 4 | | implement of husbandry as part of a farming operation; | 5 | | and | 6 | | (4) is not used in for-hire motor carrier operations, | 7 | | except for the transport of a landlord's portion of crops | 8 | | by a tenant under a crop share farm lease agreement; and | 9 | | (5) has a gross vehicle weight rating (GVWR), a gross | 10 | | combination weight rating (GCWR), or a gross vehicle weight | 11 | | or gross vehicle combination weight, whichever is greater, | 12 | | that is: | 13 | | (A) 26,001 pounds or less, for vehicles operating | 14 | | in interstate commerce; or | 15 | | (B) greater than 26,001 pounds, traveling in | 16 | | interstate commerce and registered in this State; or | 17 | | (C) greater than 26,001 pounds and traveling in | 18 | | interstate commerce within 150 miles of the farm or | 19 | | ranch for which the vehicle is being operated, | 20 | | regardless of whether it is registered in this State; | 21 | | or | 22 | | (D) greater than 10,000 pounds and traveling | 23 | | intrastate. | 24 | | "Direct compensation" means payment made to the motor | 25 | | carrier by the passengers or a person acting on behalf of the | 26 | | passengers for the transportation services provided, and not |
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| 1 | | included in a total package charge or other assessment for | 2 | | highway transportation services; | 3 | | "Farm supplies for agricultural purposes" means products | 4 | | directly related to the growing or harvesting of agricultural | 5 | | commodities and livestock feed at any time of the year; | 6 | | "Livestock" means cattle, sheep, goats, swine, poultry | 7 | | (including egg-producing poultry), fish used for food, and | 8 | | other animals designated by the Secretary of the United States | 9 | | Department of Transportation (at his or her sole discretion) | 10 | | that are part of a foundation herd (including producing dairy | 11 | | cattle) or offspring;
| 12 | | "Officer" means Illinois State Police Officer;
| 13 | | "Person" means any natural person or individual, | 14 | | governmental body,
firm, association, partnership, | 15 | | copartnership, joint venture, company,
corporation, joint | 16 | | stock company, trust, estate or any other legal entity
or their | 17 | | legal representative, agent or assigns.
| 18 | | (Source: P.A. 97-795, eff. 1-1-13.)
| 19 | | Section 99. Effective date. This Act takes effect upon | 20 | | becoming law.
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