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90_HB0288enr
SEE INDEX
Amends the Illinois Vehicle Code, the Park District Code,
and the Litter Control Act. Amends the Vehicle Code to add,
change, move, renumber, and remove certain definitions.
Replaces certain references to "driver's license examination
station" with "driver services facility". Changes certain
provisions of the Vehicle Code, Park District Code, and
Litter Control Act to reflect the changes made to the
definition provisions in the Vehicle Code. Makes other
changes.
LRB9000475NTsbB
HB0288 Enrolled LRB9000475NTsbB
1 AN ACT concerning vehicles, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Park District Code is amended by changing
5 Section 3-9 as follows:
6 (70 ILCS 1205/3-9) (from Ch. 105, par. 3-9)
7 Sec. 3-9. Whenever any territory, containing 80 acres or
8 less, not incorporated within a park district is wholly
9 bounded by one or more park districts, or is wholly bounded
10 by one or more park districts and a river, lake, railroad or
11 arterial street, as defined in Section 1-104 of the Illinois
12 Vehicle Code, such territory may be annexed by any park
13 district by which it is bounded in whole or in part, by the
14 passage of an ordinance to that effect after notice is given
15 as provided in this Section The corporate authorities shall
16 cause notice, stating that annexation of the territory
17 described in the notice is contemplated under this Section,
18 to be published once, in a newspaper published in the
19 annexing park district, or, if no newspaper is published in
20 the annexing park district, then in a newspaper with a
21 general circulation within the annexing park district not
22 more than 45 nor less than 30 days before the passage of the
23 annexation ordinance. The ordinance shall describe the
24 territory annexed and a certified copy thereof together with
25 an accurate map of the annexed territory shall be filed in
26 the offices of the County Clerk and Recorder of each county
27 in which said annexation takes place.
28 As used in this Section, "arterial street" means any U.S.
29 or State numbered route, controlled access highway, or other
30 major radial or circumferential street or highway designated
31 by local authorities within their respective jurisdictions as
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1 part of a major arterial system of streets or highways.
2 (Source: P.A. 87-368.)
3 Section 10. The Litter Control Act is amended by
4 changing Section 3 as follows:
5 (415 ILCS 105/3) (from Ch. 38, par. 86-3)
6 Sec. 3. As used in this Act, unless the context
7 otherwise requires:
8 (a) "Litter" means any discarded, used or unconsumed
9 substance or waste. "Litter" may include, but is not limited
10 to, any garbage, trash, refuse, debris, rubbish, grass
11 clippings or other lawn or garden waste, newspaper,
12 magazines, glass, metal, plastic or paper containers or other
13 packaging construction material, abandoned vehicle (as
14 defined in Section 4-100 of the Illinois Vehicle Code), motor
15 vehicle parts, furniture, oil, carcass of a dead animal, any
16 nauseous or offensive matter of any kind, any object likely
17 to injure any person or create a traffic hazard, potentially
18 infectious medical waste as defined in Section 3.84 of the
19 Environmental Protection Act, or anything else of an
20 unsightly or unsanitary nature, which has been discarded,
21 abandoned or otherwise disposed of improperly.
22 (b) "Motor vehicle" has the meaning ascribed to that
23 term in Section 1-146 of the Illinois Vehicle Code.
24 (c) "Person" means any individual, partnership,
25 copartnership, firm, company, corporation, association, joint
26 stock company, trust, estate, or any other legal entity, or
27 their legal representative, agent or assigns.
28 (Source: P.A. 88-415; 88-670, eff. 12-2-94.)
29 Section 15. The Illinois Vehicle Code is amended by
30 adding Sections 1-101.05, 1-101.1a, 1-101.5, 1-101.6,
31 1-105.3, 1-105.6, 1-106.5, 1-111.4, 1-111.5, 1-111.6,
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1 1-111.7, 1-112.7, 1-115.05, 1-115.07, 1-115.3, 1-115.5,
2 1-115.6, 1-115.8, 1-117.5, 1-119.3, 1-119.6, 1-120.5,
3 1-122.7, 1-123.3, 1-123.4, 1-123.5, 1-123.7, 1-124.5,
4 1-125.7, 1-133.05, 1-136.5, 1-140.5, 1-142.05, 1-142.1a,
5 1-142.1b, 1-144.05, 1-148.3a, 1-148.8, 1-154.5, 1-154.7,
6 1-155.5, 1-156.5, 1-164.5, 1-164.7, 1-168.05, 1-168.5,
7 1-169.5, 1-171.01a, 1-171.01b, 1-171.01c, 1-171.3, 1-179.5,
8 1-180.5, 1-182.3, 1-182.6, 1-182.8, 1-186.5, 1-190.05,
9 1-202.5, 1-204.05, 1-204.3, 1-204.4, 1-209.5, 1-213.4,
10 1-213.5, and 1-218.5, renumbering Sections 1-102.02, 1-110.1,
11 1-110a, 1-114, 1-114.1, 1-114.2, 1-124, 1-148, 1-151, 1-164,
12 1-171.01, 1-203.1, 1-211.1, 1-214.1, 1-222, 1-224, and 1-300,
13 changing Sections 1-112.2, 1-162, 1-176.1, 1-183, 1-205.01,
14 1-205.1, 2-105, 3-400, 3-402, 3-402.1, 3-618, 3-804.02,
15 3-808, 3-1001, 4-103, 5-100, 5-401.3, 6-301.2, 6-500, 6-901,
16 7-100, 7-102, 7-305, 7-501, 11-100, 11-416, 11-1403.3,
17 11-1424, 12-603, 12-605.1, 12-605.2, 12-607.1, 12-714,
18 12-715, 12-902, 13B-5, 15-107, 15-111, 15-301, 18b-101,
19 18b-102, 18b-105, 18b-111, and 18c-5204, and changing and
20 renumbering Section 1-148.1 as follows:
21 (625 ILCS 5/1-101.05 new)
22 Sec. 1-101.05. Abandoned vehicle. For the purposes of
23 Chapter 4, "abandoned vehicle" means any vehicle in a state
24 of disrepair rendering the vehicle incapable of being driven
25 in its condition or any vehicle that has not been moved or
26 used for 7 consecutive days or more and is apparently
27 deserted.
28 (625 ILCS 5/1-101.1a new)
29 Sec. 1-101.1a. Administrative decision. The term
30 "administrative decision" is defined as in Section 3-101 of
31 the Code of Civil Procedure.
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1 (625 ILCS 5/1-101.5 new)
2 Sec. 1-101.5. Agency. For the purposes of Chapter 13B,
3 "Agency" means the Illinois Environmental Protection Agency.
4 (625 ILCS 5/1-101.6 new)
5 Sec. 1-101.6. Agricultural movements. The operation of
6 a motor vehicle or combination of vehicles controlled and
7 operated by a private motor carrier of property that is using
8 the vehicle to transport nonhazardous or hazardous
9 agricultural crop production fertilizers or agricultural
10 chemicals from a local source of supply to farm or field,
11 from one farm or field to another, or from farm or field back
12 to the local source of supply.
13 (625 ILCS 5/1-101.8, formerly 5/1-102.02) (from Ch. 95
14 1/2, par. 1-102.02)
15 Sec. 1-101.8. 1-102.02. All-terrain vehicle. Any
16 motorized off-highway device 50 inches or less in width,
17 having a manufacturer's dry weight of 600 pounds or less,
18 traveling on 3 or more low-pressure tires, designed with a
19 seat or saddle for operator use, and handlebars or steering
20 wheel for steering control.
21 (Source: P.A. 85-830.)
22 (625 ILCS 5/1-105.3 new)
23 Sec. 1-105.3. Automotive parts recycler. A person who
24 is in the business of acquiring previously owned vehicles and
25 vehicle parts for the primary purpose of disposing of parts
26 of vehicles in a manner other than that described in the
27 definition of a "scrap processor" in this Code.
28 (625 ILCS 5/1-105.6 new)
29 Sec. 1-105.6. Axle load. The total load transmitted to
30 the road by all wheels whose centers may be included between
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1 2 parallel transverse vertical planes 40 inches apart
2 extending across the full width of the vehicle.
3 (625 ILCS 5/1-106.5 new)
4 Sec. 1-106.5. Bumper. Every device or system of devices
5 protruding from and attached to the front and rear of a motor
6 vehicle that has been designed to be used to absorb the
7 impact of a collision.
8 (625 ILCS 5/1-111.1a, formerly 5/1-171.01) (from Ch. 95
9 1/2, par. 1-171.01)
10 Sec. 1-111.1a. 1-171.01. Charitable vehicle.
11 (a) Any vehicle that is exclusively owned and operated
12 by a religious or charitable not-for-profit organization and
13 is used primarily in conducting the official activities of
14 such organization.
15 (b) This definition does not include:
16 (1) a bus operated by a public utility, municipal
17 corporation or common carrier authorized to conduct local
18 or interurban transportation of passengers when such bus
19 is on a regularly scheduled route for the transportation
20 of other fare paying passengers or furnishing charter
21 service for the transportation of groups on special trips
22 or in connection with special events and not over a
23 regular or customary religious organization bus route;
24 (2) a school bus as defined in Section 1-182 of
25 this Code; or
26 (3) a First Division vehicle as defined in Section
27 1-217 of this Code; except that for purposes of
28 determining the number of persons a vehicle is designed
29 to carry, in any vehicle equipped with one or more
30 wheelchair tiedowns, each wheelchair tiedown shall be
31 counted as 4 persons.
32 (Source: P.A. 87-1025.)
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1 (625 ILCS 5/1-111.1b, formerly 5/1-110.1) (from Ch. 95
2 1/2, par. 1-110.1)
3 Sec. 1-111.1b. 1-110.1. Chassis. Every frame or
4 supportive element of a vehicle whether or not a
5 manufacturer's identification number, serial number, or other
6 identifying numbers are present on said part.
7 (Source: P.A. 83-831.)
8 (625 ILCS 5/1-111.1c, formerly 5/1-110a) (from Ch. 95
9 1/2, par. 1-110a)
10 Sec. 1-111.1c. 1-110a. Chassis manufacturer. A person
11 who manufactures and produces the frame upon which is mounted
12 the body of a motor vehicle.
13 (Source: P.A. 86-971.)
14 (625 ILCS 5/1-111.4 new)
15 Sec. 1-111.4. Commerce. Trade, commerce, or
16 transportation.
17 (625 ILCS 5/1-111.5 new)
18 Sec. 1-111.5. Commercial driver instruction permit. A
19 permit issued pursuant to Section 6-508 of this Code.
20 (625 ILCS 5/1-111.6 new)
21 Sec. 1-111.6. Commercial driver's license (CDL). A
22 driver's license issued by a state to a person that
23 authorizes that person to drive a certain class of commercial
24 motor vehicle or vehicles.
25 (625 ILCS 5/1-111.7 new)
26 Sec. 1-111.7. Commercial driver license information
27 system (CDLIS). The information system established, pursuant
28 to the Commercial Motor Vehicle Safety Act of 1986 (CMVSA)
29 (49 U.S.C. 2701 et seq.), to serve as a clearinghouse for
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1 locating information related to the licensing and
2 identification of commercial motor vehicle drivers.
3 (625 ILCS 5/1-111.8, formerly 5/1-114) (from Ch. 95 1/2,
4 par. 1-114)
5 Sec. 1-111.8. 1-114. Commercial vehicle. Any vehicle
6 operated for the transportation of persons or property in the
7 furtherance of any commercial or industrial enterprise,
8 For-Hire or Not-For-Hire, but not including a commuter van, a
9 vehicle used in a ridesharing arrangement when being used for
10 that purpose, or a recreational vehicle not being used
11 commercially.
12 (Source: P.A. 83-1091.)
13 (625 ILCS 5/1-111.9, formerly 5/1-114.1) (from Ch. 95
14 1/2, par. 1-114.1)
15 Sec. 1-111.9. 1-114.1. Commuter van. A motor vehicle
16 designed for the transportation of not less than 7 nor more
17 than 16 passengers, which is: (1) used in a ridesharing
18 arrangement; or (2) owned or leased by or on behalf of a
19 company or an employee organization and operated on a
20 non-profit basis with the primary purpose of transporting
21 employees of the company between the employees' homes and the
22 company's place of business or a public transportation
23 station and in which the operating, administrative,
24 maintenance and reasonable depreciation costs are paid
25 principally by the persons utilizing the commuter van.
26 (Source: P.A. 84-603.)
27 (625 ILCS 5/1-112.2) (from Ch. 95 1/2, par. 1-112.2)
28 Sec. 1-112.2. Converter or second stage manufacturer. A
29 person who prior to the retail sale of a motor vehicle,
30 assembles, installs or affixes a body, cab, or special
31 equipment to a chassis, or who adds, subtracts from, or
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1 modifies a previously assembled or manufactured motor
2 vehicle, commonly known as a second stage manufacturer.
3 (Source: P.A. 86-971.)
4 (625 ILCS 5/1-112.5, formerly 5/1-114.2) (from Ch. 95
5 1/2, par. 1-114.2)
6 Sec. 1-112.5. 1-114.2. Counterfeit. To copy or imitate,
7 without legal authority, with the intent of deceiving or
8 defrauding.
9 (Source: P.A. 83-1473.)
10 (625 ILCS 5/1-112.7 new)
11 Sec. 1-112.7. Court. A court of law, traffic tribunal,
12 or circuit court of Illinois, including a judge of a court of
13 law, traffic tribunal, or circuit court of Illinois.
14 (625 ILCS 5/1-115.05 new)
15 Sec. 1-115.05. Department. The Department of
16 Transportation of the State of Illinois, acting directly or
17 through its duly authorized officers and agents, except that
18 in Chapter 5 and Articles X and XI of Chapter 3 of this Code,
19 "Department" means the Department of Revenue of the State of
20 Illinois.
21 (625 ILCS 5/1-115.07 new)
22 Sec. 1-115.07. Derelict vehicle. Any inoperable,
23 unregistered, discarded motor vehicle, regardless of title,
24 having lost its character as a substantial property and left
25 unattended without justification on the owner's land contrary
26 to the public policy expressed in Section 4-301 of this Code.
27 (625 ILCS 5/1-115.3 new)
28 Sec. 1-115.3. Disqualification. A withdrawal of the
29 privilege to drive a commercial motor vehicle.
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1 (625 ILCS 5/1-115.5 new)
2 Sec. 1-115.5. Domicile. A true, fixed, and permanent
3 legal home of a person or the place to which the person
4 intends to return even though the person may reside
5 elsewhere. As a further explanation, "A person may have more
6 than one residence but only one domicile".
7 (625 ILCS 5/1-115.6 new)
8 Sec. 1-115.6. Domiciliary. A person who is domiciled.
9 (625 ILCS 5/1-115.8 new)
10 Sec. 1-115.8. Drive. To drive, operate, or be in
11 physical control of a motor vehicle.
12 (625 ILCS 5/1-117.5 new)
13 Sec. 1-117.5. Driver's license or permit making
14 implement. Any implement specially designed or primarily
15 used in the manufacture, assembly, or authentication of an
16 official driver's license or permit issued by the Secretary
17 of State or other official driver's license agency in another
18 jurisdiction. These implements include, but are not limited
19 to, cameras used for creating driver's license captured
20 images, camera cards, or driver's license or permit
21 laminates.
22 (625 ILCS 5/1-119.3 new)
23 Sec. 1-119.3. Expressway. A freeway with full control
24 access and with grade separations at intersections.
25 (625 ILCS 5/1-119.6 new)
26 Sec. 1-119.6. Farm to market agricultural
27 transportation. The operation of a motor vehicle controlled
28 and operated by a farmer who is a private motor carrier of
29 property, who is using the vehicle to transport agricultural
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1 products to or from a farm operated by the farmer or to
2 transport farm machinery or farm supplies to or from a farm
3 operated by the farmer, and who is not using the commercial
4 vehicle to transport hazardous materials of a type or
5 quantity that requires the vehicle to be placarded in
6 accordance with the Illinois Hazardous Materials
7 Transportation Act.
8 (625 ILCS 5/1-120.5 new)
9 Sec. 1-120.5. Fifth wheel assembly. A coupling device
10 connecting 2 or more vehicles operating in combination. The
11 lower half of a fifth wheel assembly mounted on a truck
12 tractor or converter dolly must be secured to the frame of
13 that vehicle with properly designed brackets, mounting
14 plates, or angles and properly tightened bolts of adequate
15 size and grade or devices that provide equivalent security.
16 The installation shall not cause cracking, warping, or
17 deformation of the frame. The installation shall include a
18 device for positively preventing the lower half of the fifth
19 wheel assembly from shifting on the frame to which it is
20 attached.
21 The upper half of a fifth wheel assembly must be fastened
22 to the motor vehicle with at least the same security required
23 for the installation of the lower half on a truck tractor or
24 converter dolly.
25 Every fifth wheel assembly shall have a locking
26 mechanism. The locking mechanism and any adapter used in
27 conjunction with it must prevent separation of the upper and
28 lower halves of the fifth wheel assembly unless a positive
29 manual release is activated. The release may be located so
30 that the driver can operate it from the cab. If a motor
31 vehicle has a fifth wheel assembly designed and constructed
32 to be readily separable, the fifth wheel assembly locking
33 devices shall apply automatically on coupling.
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1 The lower half of a fifth wheel assembly shall be located
2 so that, regardless of the condition of loading, the
3 relationship between the kingpin and the rear axle or axles
4 of the towing motor vehicle will properly distribute the
5 gross weight of both the towed and towing vehicles on the
6 axles of those vehicles, will not unduly interfere with the
7 steering, braking, and other maneuvering of the towing
8 vehicle, and will not otherwise contribute to unsafe
9 operation of the vehicles comprising the combination. The
10 upper half of a fifth wheel assembly shall be located so that
11 the weight of the vehicles is properly distributed on their
12 axles and the combination of vehicles will operate safely
13 during normal operation.
14 (625 ILCS 5/1-122.5, formerly 5/1-124) (from Ch. 95 1/2,
15 par. 1-124)
16 Sec. 1-122.5. 1-124. For-hire. The operation of a vehicle
17 for compensation and subject to federal regulation by the
18 Interstate Commerce Commission or to state regulation by the
19 Illinois Commerce Commission and those vehicles governed by
20 Chapters 8 and 9 under this Code and regulated by the
21 Secretary of State.
22 (Source: P.A. 86-880.)
23 (625 ILCS 5/1-122.7 new)
24 Sec. 1-122.7. For-profit ridesharing arrangement. The
25 transportation by motor vehicle of not more than 16 persons,
26 including the driver, for which a fee is charged in
27 accordance with Section 6 of the Ridesharing Arrangements
28 Act.
29 (625 ILCS 5/1-123.3 new)
30 Sec. 1-123.3. Frame. The main longitudinal structural
31 members of the chassis of the vehicle or, for vehicles with
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1 unitized body construction, the lowest main longitudinal
2 structural members of the body of the vehicle.
3 (625 ILCS 5/1-123.4 new)
4 Sec. 1-123.4. Fraudulent driver's license or permit.
5 Any license or permit that purports to be an official
6 driver's license or permit for which a computerized number
7 and file have not been created by the Secretary of State or
8 other official driver's license agency in another
9 jurisdiction.
10 (625 ILCS 5/1-123.5 new)
11 Sec. 1-123.5. Freeway. A highway or street especially
12 designed for through traffic and to, from, or over which
13 owners of or persons having an interest in abutting land or
14 other persons have no right or easement or only a limited
15 right or easement of access, crossing, light, air, or view by
16 reason of the fact that the property abuts upon the highway
17 or street or for any other reason.
18 (625 ILCS 5/1-123.7 new)
19 Sec. 1-123.7. Garbage. Any material or load consisting
20 of waste from the facilities of the generator of the waste
21 when transported for disposal or to a permitted recycling or
22 waste processing facility when the generator receives no
23 direct or indirect compensation from anyone for the material
24 or load and when transported by a truck specially equipped
25 with a selfcompactor or an industrial roll-off hoist and
26 roll-off container.
27 (625 ILCS 5/1-124.5 new)
28 Sec. 1-124.5. Gross Vehicle Weight Rating (GVWR). The
29 value specified by the manufacturer or manufacturers as the
30 maximum loaded weight of a single vehicle. The GVWR of a
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1 combination of vehicles (commonly referred to as the "Gross
2 Combination Weight Rating" or GCWR) is the GVWR of the power
3 unit plus the GVWR of the towed unit or units. In the
4 absence of a value specified by the manufacturer, GCWR is
5 determined by adding the GVWR of the power unit and the total
6 weight of the towed unit and any load on the unit.
7 (625 ILCS 5/1-125.7 new)
8 Sec. 1-125.7. Headset receiver. Any device, other than
9 a hearing aid, designed to be worn on a person's head that
10 enables the wearer to hear or receive electronic
11 communications.
12 (625 ILCS 5/1-133.05 new)
13 Sec. 1-133.05. Interstate carrier of property. Any
14 person who is engaged in the transportation of property only
15 by motor vehicle in whole or in part in interstate or foreign
16 commerce in this State either with or without authority
17 issued from the Interstate Commerce Commission.
18 (625 ILCS 5/1-136.5 new)
19 Sec. 1-136.5. Law enforcement agency. Every
20 governmental enforcement agency or officer having authority
21 to enforce the provisions of this Act or applicable local
22 vehicle ordinances.
23 (625 ILCS 5/1-140.5 new)
24 Sec. 1-140.5. Local mass transit system. An organized
25 system providing passenger transportation over regular routes
26 within a designated municipality or area.
27 (625 ILCS 1-142.05 new)
28 Sec. 1-142.05. Maxi-cube vehicle. A combination of
29 vehicles consisting of a truck-tractor, upon which is mounted
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1 a separable cargo carrying semi-trailer, and a trailing unit
2 that is attached by a pintle hook or similar connection, with
3 the separable cargo carrying semi-trailer designed so as to
4 be loaded and unloaded through the trailing unit, except that
5 the entire combination shall not exceed 65 feet in length and
6 that neither the semi-trailer nor the trailing unit in the
7 combination shall by itself exceed 34 feet in length.
8 (625 ILCS 5/1-142.1a new)
9 Sec. 1-142.1a. Medical examiner or medical practitioner.
10 Any person licensed to practice medicine in all its branches
11 in the State of Illinois.
12 (625 ILCS 5/1-142.1b new)
13 Sec. 1-142.1b. Medical limitation or condition. A
14 scientifically recognized condition that may medically impair
15 a person's physical or mental health to the extent the person
16 is unable to safely operate a motor vehicle.
17 (625 ILCS 5/1-144.05 new)
18 Sec. 1-144.05. Model year. The year of manufacture of a
19 vehicle based upon the annual production period of the
20 vehicle as designated by the manufacturer and indicated on
21 the title and registration of the vehicle. If the
22 manufacturer does not designate a production period for the
23 vehicle, then "model year" means the calendar year of
24 manufacture.
25 (625 ILCS 1-145.001, formerly 5/1-148) (from Ch. 95 1/2,
26 par. 1-148)
27 Sec. 1-145.001. 1-148. Motor driven cycle. Every
28 motorcycle and every motor scooter with less than 150 cubic
29 centimeter piston displacement including motorized
30 pedalcycles.
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1 (Source: P.A. 80-262.)
2 (625 ILCS 5/1-148.3a new)
3 Sec. 1-148.3a. Muffler. A device consisting of a series
4 of chambers or baffle plates or other mechanical design for
5 the purpose of receiving exhaust gas from an internal
6 combustion engine or turbine wheels for the purpose of
7 receiving exhaust gas from a diesel engine, all of which are
8 effective in reducing noise.
9 (625 ILCS 5/1-148.3b, formerly 5/1-148.1) (from Ch. 95
10 1/2, par. 1-148.1)
11 Sec. 1-148.3b. 1-148.1. Multipurpose passenger vehicle. A
12 motor passenger carrying vehicle with motive power, except a
13 trailer, designed to carry 10 persons or less that which is
14 constructed either on a truck chassis or with special
15 features for occasional off-road operation.
16 (Source: P.A. 78-343.)
17 (625 ILCS 5/148.6, formerly 5/1-151) (from Ch. 95 1/2,
18 par. 1-151)
19 Sec. 1-148.6. 1-151. Noncommercial vehicle. Any vehicle
20 that is not a commercial vehicle.
21 (Source: P.A. 76-1586.)
22 (625 ILCS 5/1-148.8 new)
23 Sec. 1-148.8. Nondivisible load or vehicle. A load or
24 vehicle that when separated into smaller loads or vehicles
25 further dismantling would:
26 (1) Compromise the intended use of the load or vehicle
27 or make it unable to perform the function for which it was
28 intended.
29 (2) Destroy the value of the load or vehicle or make it
30 unusable for its intended purpose.
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1 (3) Require more than 8 work hours to dismantle using
2 appropriate equipment. The applicant for a nondivisible load
3 has the burden of proof as to the number of work hours
4 required to dismantle the load.
5 (625 ILCS 5/1-154.5 new)
6 Sec. 1-154.5. Out-of-service order. A temporary
7 prohibition against driving a commercial motor vehicle.
8 (625 ILCS 5/1-154.7 new)
9 Sec. 1-154.7. Out-of-state salvage vehicle buyer. A
10 person who is licensed in another state for the primary
11 purpose of acquiring salvage vehicles and who is issued an
12 out-of-state salvage vehicle buyer's identification card in
13 this State for the sole purpose of acquiring salvage vehicles
14 and taking them out of state.
15 (625 ILCS 5/1-155.5 new)
16 Sec. 1-155.5. Owner-operator. A commercial motor
17 vehicle lessor who leases the commercial motor vehicle, with
18 driver, to a lessee.
19 (625 ILCS 5/1-156.5 new)
20 Sec. 1-156.5. Park district. Any park district formed
21 under the Park District Code or any Submerged Land Park
22 District as that term is defined in subsection (c) of Section
23 1-3 of the Park District Code.
24 (625 ILCS 5/1-158.5, formerly 5/1-300) (from Ch. 95 1/2,
25 par. 1-300)
26 Sec. 1-158.5. 1-300. Penalties and offenses-definitions.
27 The following words and phrases when used in this Act, shall
28 for the purposes of this Act, have the meanings ascribed to
29 them in Article V of the "Unified Code of Corrections", as
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1 now or hereafter amended:
2 Business Offense;
3 Conviction;
4 Court;
5 Felony;
6 Class 1 Felony;
7 Class 2 Felony;
8 Class 3 Felony;
9 Class 4 Felony;
10 Imprisonment;
11 Judgment;
12 Misdemeanor;
13 Class A Misdemeanor;
14 Class B Misdemeanor;
15 Class C Misdemeanor;
16 Offense;
17 Petty Offense;
18 Sentence.
19 (Source: P.A. 78-142.)
20 (625 ILCS 5/1-162) (from Ch. 95 1/2, par. 1-162)
21 Sec. 1-162. Police officer. Every officer authorized to
22 direct or regulate traffic or to make arrests and issue
23 citations for violations of traffic regulations.
24 (Source: P.A. 76-1586.)
25 (625 ILCS 5/1-162.5, formerly 5/1-164) (from Ch. 95 1/2,
26 par. 1-164)
27 Sec. 1-162.5. 1-164. Principal place of business. The
28 place where any person transacts his principal business, or
29 where he makes up and approves his payroll, maintains a
30 central file of records and maintains his principal executive
31 offices. In the event that not all of these functions are
32 performed in one place, then that place where a majority of
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1 such functions are performed or the place where such person
2 does in fact principally transact and control his business
3 affairs.
4 (Source: P.A. 76-1586.)
5 (625 ILCS 5/1-164.5 new)
6 Sec. 1-164.5. Proof of financial responsibility. Proof
7 of ability to respond in damages for any liability thereafter
8 incurred resulting from the ownership, maintenance, use or
9 operation of a motor vehicle for bodily injury to or death of
10 any person in the amount of $20,000, and subject to this
11 limit for any one person injured or killed, in the amount of
12 $40,000 for bodily injury to or death of 2 or more persons in
13 any one accident, and for damage to property in the amount of
14 $15,000 resulting from any one accident. This proof in these
15 amounts shall be furnished for each motor vehicle registered
16 by every person required to furnish this proof.
17 (625 ILCS 5/1-164.7 new)
18 Sec. 1-164.7. Public utility. Each firm lawfully
19 licensed and engaged in any of the following: the
20 transmission of telegraphic or telephonic messages; the
21 production, storage, transmission, distribution, sale,
22 delivery, or furnishing of heat, cold, light, power,
23 electricity, gas, or water; the disposal of sewage; the
24 conveyance of oil or gas by pipeline; the drilling of water
25 wells; or the installation or repair of facilities for any of
26 these foregoing activities.
27 (625 ILCS 5/1-168.05 new)
28 Sec. 1-168.05. Rebuilder. A person who is in the
29 business of returning a vehicle for which a salvage
30 certificate has been previously issued back to its original
31 or operating condition.
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1 (625 ILCS 5/1-168.5 new)
2 Sec. 1-168.5. Recognized repair technician. A person
3 professionally engaged in vehicle repair, employed by a going
4 concern whose purpose is vehicle repair, or possessing
5 nationally recognized certification for emission-related
6 diagnosis and repair.
7 (625 ILCS 5/1-169.5 new)
8 Sec. 1-169.5. Refuse. Any material or load consisting
9 of waste from the facilities of the generator of the waste
10 when transported for disposal or to a permitted recycling or
11 waste processing facility when the generator receives no
12 direct or indirect compensation from anyone for the material
13 or load and when transported by a truck specially equipped
14 with a selfcompactor or an industrial roll-off hoist and
15 roll-off container.
16 (625 ILCS 5/1-171.01a new)
17 Sec. 1-171.01a. Remittance agent. For the purposes of
18 Article IX of Chapter 3, the term "remittance agent" means
19 any person who holds himself or herself out to the public as
20 being engaged in or who engages in accepting money for
21 remittance to the State of Illinois or any of its
22 instrumentalities or political subdivisions, or to any of
23 their officials, for the payment of vehicle taxes or vehicle
24 license or registration fees regardless of when the money is
25 accepted from the public or remitted to the State, whether or
26 not the person renders any other service in connection with
27 the making of any such remittance or is engaged in any other
28 endeavor. The term "remittance agent" does not include any
29 licensed dealer in motor vehicles who accepts money for
30 remittance to the State of Illinois for the payment of
31 vehicle taxes or vehicle licenses or registration fees as an
32 incident to his or her business as a motor vehicle dealer.
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1 (625 ILCS 5/1-171.01b new)
2 Sec. 1-171.01b. Remittee. The State of Illinois
3 location where the remittance agent brings the money and
4 application he or she receives from the general public
5 (remitter) to be processed by the State of Illinois.
6 (625 ILCS 5/1-171.01c new)
7 Sec. 1-171.01c. Remitter. Any person who gives money to
8 a remittance agent to submit to the State of Illinois and its
9 licensing and taxing agencies for the payment of vehicle
10 taxes or vehicle license and registration fees.
11 (625 ILCS 5/1-171.3 new)
12 Sec. 1-171.3. Repairer. A person who is in the business
13 of returning a vehicle other than a vehicle for which a
14 salvage certificate has been issued back to its original or
15 operating condition by restoring, mending, straightening,
16 replacing, altering, or painting its essential parts.
17 (625 ILCS 5/1-171.6, formerly 5/1-222) (from Ch. 95 1/2,
18 par. 1-222)
19 Sec. 1-171.6. 1-222. Rescue squad. A voluntary
20 association of individuals or a fire department dedicated to
21 saving lives through the rescue of persons entrapped in
22 wrecked vehicles or other hazardous circumstances and
23 associated with some unit of government.
24 (Source: P.A. 79-537.)
25 (625 ILCS 5/1-171.8, formerly 5/1-224) (from Ch. 95 1/2,
26 par. 1-224)
27 Sec. 1-171.8. 1-224. Rescue vehicle. Any publicly or
28 privately owned vehicle which is specifically designed,
29 configured, and equipped for the performance of access and
30 extrication of persons from hazardous or life-endangering
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1 situations, as well as for the emergency transportation of
2 persons who are sick, injured, wounded or otherwise
3 incapacitated or helpless.
4 (Source: P.A. 82-433.)
5 (625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
6 Sec. 1-176.1. Ridesharing arrangement. The transportation
7 by motor vehicle of not more than 16 persons, including the
8 driver, (1) for purposes incidental to another purpose of the
9 driver, for which no fee is charged or paid except to
10 reimburse the driver or owner of the vehicle for his or her
11 operating expenses on a nonprofit basis or (2) when these
12 persons are traveling between their homes and their places of
13 employment, or places reasonably convenient thereto, for
14 which (i) no fee is charged or paid except to reimburse the
15 driver or owner of the vehicle for his or her operating
16 expenses on a nonprofit basis or (ii) a fee is charged in
17 accordance with the provisions of Section 6 of "Ridesharing
18 arrangement" and "for-profit ridesharing arrangement" shall
19 have the meanings ascribed to them in the Ridesharing
20 Arrangements Act.
21 (Source: P.A. 83-1091.)
22 (625 ILCS 5/1-179.5 new)
23 Sec. 1-179.5. Rooftop. The major uppermost portion of a
24 bus body that is flat in a fore and aft direction.
25 (625 ILCS 5/1-180.5 new)
26 Sec. 1-180.5. Safety glazing material. Any glazing
27 material so constructed, treated, or combined with other
28 materials as to reduce substantially, in comparison with
29 ordinary sheet glass or plate glass, the likelihood of injury
30 to persons by objects from exterior sources or by these
31 safety glazing materials when they may be cracked or broken.
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1 (625 ILCS 5/1-182.3 new)
2 Sec. 1-182.3. Scrap processor. A person who purchases a
3 vehicle, junk vehicle, or vehicle cowl for processing into a
4 form other than a vehicle, junk vehicle, or vehicle cowl for
5 remelting purposes only, who from a fixed location utilizes
6 machinery and equipment for processing or manufacturing
7 ferrous or nonferrous metallic scrap into prepared grades,
8 and whose principal product is metallic scrap and who records
9 the purchases on a weight ticket.
10 (625 ILCS 5/1-182.6 new)
11 Sec. 1-182.6. Seat safety belts. A set of belts or a
12 harness meeting the specifications established by the
13 Department of Transportation and installed in such manner as
14 to prevent or materially reduce the movement of the person
15 using the belts or harness in the event of collision or upset
16 of the vehicle.
17 (625 ILCS 5/1-182.8 new)
18 Sec. 1-182.8. Second stage manufacturer or converter. A
19 person who prior to the retail sale of a motor vehicle,
20 assembles, installs or affixes a body, cab, or special
21 equipment to a chassis, or who adds, subtracts from, or
22 modifies a previously assembled or manufactured motor
23 vehicle.
24 (625 ILCS 5/1-183) (from Ch. 95 1/2, par. 1-183)
25 Sec. 1-183. Secretary. The Illinois Secretary of State or
26 his or her designee of Illinois.
27 (Source: P.A. 76-1586.)
28 (625 ILCS 5/1-186.5 new)
29 Sec. 1-186.5. Selling price. The consideration received
30 for a motor vehicle subject to the tax imposed by Section
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1 3-1001 valued in money, whether received in money or
2 otherwise, including cash, credits, service, or property. In
3 the case of gifts or transfers without reasonable
4 consideration, "selling price" shall be deemed to be the fair
5 market value as determined by the Department of Revenue.
6 (625 ILCS 5/1-190.05 new)
7 Sec. 1-190.05. Special hauling vehicle. A vehicle or
8 combination of vehicles transporting asphalt or concrete in
9 the plastic state or a vehicle or combination of vehicles
10 that is subject to the weight limitations in subsections (a)
11 and (b) of Section 15-111 for which the owner of the vehicle
12 or combination of vehicles has elected to pay, in addition
13 to the registration fees stated in subsection (a) or (c) of
14 Section 3-815 or Section 3-818, $100 to the Secretary of
15 State for each registration year.
16 (625 ILCS 5/1-197.5, formerly 5/1-203.1) (from Ch. 95
17 1/2, par. 1-203.1)
18 Sec. 1-197.5. 1-203.1. Statutory summary alcohol or
19 other drug related suspension of driver's privileges. The
20 withdrawal by the circuit court of a person's license or
21 privilege to operate a motor vehicle on the public highways
22 for the periods provided in Section 6-208.1. Reinstatement
23 after the suspension period shall occur after all appropriate
24 fees have been paid, unless the court notifies the Secretary
25 of State that the person should be disqualified. The bases
26 for this withdrawal of driving privileges shall be the
27 individual's refusal to submit to or failure to complete a
28 chemical test or tests following an arrest for the offense of
29 driving under the influence of alcohol or other drugs, or
30 both, or submission to such a test or tests indicating an
31 alcohol concentration of 0.10 or more as provided in Section
32 11-501.1 of this Code.
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1 (Source: P.A. 84-1394.)
2 (625 ILCS 5/1-202.5 new)
3 Sec. 1-202.5. Strobe lamp. A vehicular signaling device
4 that generates flashes of light by inducing intermittent
5 flows of electricity through a gas.
6 (625 ILCS 5/1-204.05 new)
7 Sec. 1-204.05. Suspension system. The system of devices
8 consisting of but not limited to springs, spring shackles,
9 shock absorbers, torsion bars, a frame, or any other
10 supporting members used to attach the body of a motor vehicle
11 to its axles.
12 (625 ILCS 5/1-204.3 new)
13 Sec. 1-204.3. Tandem axles. Any 2 or more single axles
14 whose centers are more than 40 inches and not more than 96
15 inches apart, measured to the nearest inch between extreme
16 axles in the series, except as provided in Section 15-111 for
17 special hauling vehicles.
18 (625 ILCS 5/1-204.4 new)
19 Sec. 1-204.4. Tank vehicle. Any commercial motor
20 vehicle that is designed to transport any liquid or gaseous
21 material within a tank that is either permanently or
22 temporarily attached to the vehicle or the chassis. Those
23 vehicles include, but are not limited to, cargo tanks and
24 portable tanks, as defined in 49 C.F.R. Part 171. However,
25 for the purposes of Article V of Chapter 6 of this Code, this
26 definition does not include portable tanks having a rated
27 capacity of less than 1,000 gallons.
28 (625 ILCS 5/1-205.01) (from Ch. 95 1/2, par. 1-205.01)
29 Sec. 1-205.01. Tollroad or toll highway. All highways
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1 under the jurisdiction of the Illinois State Toll Highway
2 Authority.
3 (Source: P.A. 85-830.)
4 (625 ILCS 5/1-205.1) (from Ch. 95 1/2, par. 1-205.1)
5 Sec. 1-205.1. Tow-Truck. Every truck designed or altered
6 and equipped for and used to push, tow, carry upon, or draw
7 vehicles by means of a crane, hoist, towbar, towline or
8 auxiliary axle, or carried upon to render assistance to
9 disabled vehicles, except for any truck tractor temporarily
10 converted to a tow truck by means of a portable wrecker unit
11 attached to the fifth wheel of the truck tractor and used
12 only by the owner to tow a disabled vehicle also owned by him
13 or her and never used for hire.
14 (Source: P.A. 89-245, eff. 1-1-96.)
15 (625 ILCS 5/1-209.5 new)
16 Sec. 1-209.5. Transportation. The actual movement of
17 property or passengers by motor vehicle, together with
18 loading, unloading, and any other accessorial or ancillary
19 service provided by the carrier in connection with movement
20 by motor vehicle.
21 (625 ILCS 5/1-212.5, formerly 5/1-211.1) (from Ch. 95
22 1/2, par. 1-211.1)
23 Sec. 1-212.5. 1-211.1. Truckster. Every motor vehicle or
24 motorcycle with 3 wheels designed, used or maintained
25 primarily for the transportation of property.
26 (Source: P.A. 77-1633.)
27 (625 ILCS 5/1-213.4 new)
28 Sec. 1-213.4. Type I school bus. A school bus with a
29 Gross Vehicle Weight Rating more than 10,000 pounds.
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1 (625 ILCS 5/1-213.5 new)
2 Sec. 1-213.5. Type II school bus. A school bus with a
3 Gross Vehicle Weight Rating of 10,000 pounds or less.
4 (625 ILCS 5/1-214.8, formerly 5/1-214.1) (from Ch. 95
5 1/2, par. 1-214.1)
6 Sec. 1-214.8. 1-214.1. Urban area. An urban area is any
7 incorporated or unincorporated area developed primarily for
8 residential and/or business purposes.
9 (Source: P.A. 77-58.)
10 (625 ILCS 5/1-218.5 new)
11 Sec. 1-218.5. Verified evidence. A document that is
12 confirmed or substantiated by a sworn report or any public
13 record received from a court of competent jurisdiction.
14 (625 ILCS 5/2-105) (from Ch. 95 1/2, par. 2-105)
15 Sec. 2-105. Offices of Secretary of State. The Secretary
16 of State shall maintain offices in the State capital and in
17 such other places in the State as he may deem necessary to
18 properly carry out the powers and duties vested in him.
19 The Secretary of State may construct and equip one or
20 more buildings in the State of Illinois outside of the County
21 of Sangamon as he deems necessary to properly carry out the
22 powers and duties vested in him. The Secretary of State may,
23 on behalf of the State of Illinois, acquire public or private
24 property needed therefor by lease, purchase or eminent
25 domain. The care, custody and control of such sites and
26 buildings constructed thereon shall be vested in the
27 Secretary of State. Expenditures for the construction and
28 equipping of any of such buildings upon premises owned by
29 another public entity shall not be subject to the provisions
30 of any State law requiring that the State be vested with
31 absolute fee title to the premises. The exercise of the
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1 authority vested in the Secretary of State by this Section is
2 subject to the appropriation of the necessary funds.
3 Pursuant to Sections 4-6.2, 5-16.2, and 6-50.2 of The
4 Election Code, the Secretary of State shall make driver
5 services facilities drivers license exam stations available
6 for use as temporary places of registration. Registration
7 within the offices shall be in the most public, orderly and
8 convenient portions thereof, and Section 4-3, 5-3, and 11-4
9 of The Election Code relative to the attendance of police
10 officers during the conduct of registration shall apply.
11 Registration under this Section shall be made in the manner
12 provided by Sections 4-8, 4-10, 5-7, 5-9, 6-34, 6-35, and
13 6-37 of The Election Code.
14 Within 30 days after the effective date of this
15 amendatory Act of 1990, and no later than November 1 of each
16 even-numbered year thereafter, the Secretary of State, to the
17 extent practicable, shall designate to each election
18 authority in the State a reasonable number of employees at
19 each driver services facility driver's license examination
20 station registered to vote within the jurisdiction of such
21 election authority and within adjacent election jurisdictions
22 for appointment as deputy registrars by the election
23 authority located within the election jurisdiction where the
24 employees maintain their residences. Such designation shall
25 be in writing and certified by the Secretary of State.
26 Each person applying at a driver services facility
27 driver's license examination station for a driver's license
28 or permit, a corrected driver's license or permit, an
29 Illinois identification card or a corrected Illinois
30 identification card shall be notified that the person may
31 register at such station to vote in the election jurisdiction
32 in which the station is located or in an election
33 jurisdiction adjacent to the location of the station and may
34 also transfer his voter registration at such station to an
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1 address in the election jurisdiction within which the station
2 is located or to an address in an adjacent election
3 jurisdiction. Such notification may be made in writing or
4 verbally issued by an employee or the Secretary of State.
5 The Secretary of State shall promulgate such rules as may
6 be necessary for the efficient execution of his duties and
7 the duties of his employees under this amendatory Act of
8 1990.
9 (Source: P.A. 86-1435.)
10 (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
11 Sec. 3-400. Definition. Notwithstanding the definition
12 set forth in Chapter 1 of this Act, for the purposes of this
13 Article, the following words shall have the meaning ascribed
14 to them as follows:
15 "Apportionable Fee" means any periodic recurring fee
16 required for licensing or registering vehicles, such as, but
17 not limited to, registration fees, license or weight fees.
18 "Apportionable Vehicle" means any vehicle, except
19 recreational vehicles, vehicles displaying restricted plates,
20 city pickup and delivery vehicles, buses used in
21 transportation of chartered parties, and government owned
22 vehicles that are used or intended for use in 2 or more
23 member jurisdictions that allocate or proportionally register
24 vehicles, in a fleet which is used for the transportation of
25 persons for hire or the transportation of property and which
26 has a gross vehicle weight in excess of 26,000 pounds; or has
27 three or more axles regardless of weight; or is used in
28 combination when the weight of such combination exceeds
29 26,000 pounds gross vehicle weight. Vehicles, or
30 combinations having a gross vehicle weight of 26,000 pounds
31 or less and two-axle vehicles may be proportionally
32 registered at the option of such owner.
33 "Base Jurisdiction" means, for purposes of fleet
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1 registration, the jurisdiction where the registrant has an
2 established place of business, where operational records of
3 the fleet are maintained and where mileage is accrued by the
4 fleet. In case a registrant operates more than one fleet,
5 and maintains records for each fleet in different places, the
6 "base jurisdiction" for a fleet shall be the jurisdiction
7 where an established place of business is maintained, where
8 records of the operation of that fleet are maintained and
9 where mileage is accrued by that fleet.
10 "Operational Records" means documents supporting miles
11 traveled in each jurisdiction and total miles traveled, such
12 as fuel reports, trip leases, and logs.
13 Owner. A person who holds legal title of a motor
14 vehicle, or in the event a motor vehicle is the subject of an
15 agreement for the conditional sale or lease thereof with the
16 right of purchase upon performance of the conditions stated
17 in the agreement and with an immediate right of possession
18 vested in the conditional vendee or lessee with right of
19 purchase, or in the event a mortgagor of such motor vehicle
20 is entitled to possession, or in the event a lessee of such
21 motor vehicle is entitled to possession or control, then such
22 conditional vendee or lessee with right of purchase or
23 mortgagor or lessee is considered to be the owner for the
24 purpose of this Act.
25 "Preceding Year" means the period of 12 consecutive
26 months immediately prior to July 1st of the year immediately
27 preceding the registration or license year for which
28 proportional registration is sought.
29 "Rental Owner" means an owner principally engaged, with
30 respect to one or more rental fleets, in renting to others or
31 offering for rental the vehicles of such fleets, without
32 drivers.
33 "Restricted Plates" shall include but are not limited to
34 dealer, manufacturer, transporter, farm, repossessor, and
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1 permanently mounted type plates. Vehicles displaying any of
2 these type plates from a foreign jurisdiction that is a
3 member of the International Registration Plan shall be
4 granted reciprocity but shall be subject to the same
5 limitations as similar plated Illinois registered vehicles.
6 (Source: P.A. 89-571, eff. 7-26-96.)
7 (625 ILCS 5/3-402) (from Ch. 95 1/2, par. 3-402)
8 Sec. 3-402. Vehicles subject to registration;
9 exceptions.
10 A. Exemptions and Policy. Every motor vehicle, trailer,
11 semitrailer and pole trailer when driven or moved upon a
12 highway shall be subject to the registration and certificate
13 of title provisions of this Chapter except:
14 (1) Any such vehicle driven or moved upon a highway
15 in conformance with the provisions of this Chapter
16 relating to manufacturers, transporters, dealers,
17 lienholders or nonresidents or under a temporary
18 registration permit issued by the Secretary of State;
19 (2) Any implement of husbandry whether of a type
20 otherwise subject to registration hereunder or not which
21 is only incidentally operated or moved upon a highway,
22 which shall include a not-for-hire movement for the
23 purpose of delivering farm commodities to a place of
24 first processing or sale, or to a place of storage;
25 (3) Any special mobile equipment as herein defined;
26 (4) Any vehicle which is propelled exclusively by
27 electric power obtained from overhead trolley wires
28 though not operated upon rails;
29 (5) Any vehicle which is equipped and used
30 exclusively as a pumper, ladder truck, rescue vehicle,
31 searchlight truck, or other fire apparatus, but not a
32 vehicle of a type which would otherwise be subject to
33 registration as a vehicle of the first division;
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1 (6) Any vehicle which is owned and operated by the
2 federal government and externally displays evidence of
3 federal ownership. It is the policy of the State of
4 Illinois to promote and encourage the fullest use of its
5 highways and to enhance the flow of commerce thus
6 contributing to the economic, agricultural, industrial
7 and social growth and development of this State, by
8 authorizing the Secretary of State to negotiate and enter
9 into reciprocal or proportional agreements or
10 arrangements with other States, or to issue declarations
11 setting forth reciprocal exemptions, benefits and
12 privileges with respect to vehicles operated interstate
13 which are properly registered in this and other States,
14 assuring nevertheless proper registration of vehicles in
15 Illinois as may be required by this Code;
16 (7) Any converter dolly or tow dolly which merely
17 serves as substitute wheels for another legally licensed
18 vehicle. A title may be issued on a voluntary basis to a
19 tow dolly upon receipt of the manufacturer's certificate
20 of origin or the bill of sale;
21 (8) Any house trailer found to be an abandoned
22 mobile home under the Abandoned Mobile Home Act;
23 (9) Any vehicle that is not properly registered or
24 does not have registration plates issued to the owner or
25 operator affixed thereto, or that does have registration
26 plates issued to the owner or operator affixed thereto
27 but the plates are not appropriate for the weight of the
28 vehicle, provided that this exemption shall apply only
29 while the vehicle is being transported or operated by a
30 towing service and has a third tow plate affixed to it.
31 "Intrastate" or "intrastate commerce" means
32 transportation originating at any point or place within this
33 State and destined to any other point or place within this
34 State, irrespective of the route, highway or highways
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1 traversed, and including transportation which passes into or
2 through another State before delivery is made within this
3 State, and including any act of transportation which includes
4 or completes a pickup within Illinois for delivery within
5 Illinois.
6 "Interstate" or "interstate commerce" means
7 transportation between 2 or more States or transportation
8 originating in one State and passing into or through other
9 States for delivery in another State, and which is not
10 "intrastate".
11 B. Reciprocity. Any motor vehicle, trailer, semitrailer
12 or pole trailer need not be registered under this Code
13 provided the same is operated interstate and in accordance
14 with the following provisions and any rules and regulations
15 promulgated pursuant thereto:
16 (1) A nonresident owner, except as otherwise
17 provided in this Section, owning any foreign registered
18 vehicle of a type otherwise subject to registration
19 hereunder, may operate or permit the operation of such
20 vehicle within this State in interstate commerce without
21 registering such vehicle in, or paying any fees to, this
22 State subject to the condition that such vehicle at all
23 times when operated in this State is operated pursuant to
24 a reciprocity agreement, arrangement or declaration by
25 this State, and further subject to the condition that
26 such vehicle at all times when operated in this State is
27 duly registered in, and displays upon it, a valid
28 registration card and registration plate or plates issued
29 for such vehicle in the place of residence of such owner
30 and is issued and maintains in such vehicle a valid
31 Illinois reciprocity permit as required by the Secretary
32 of State, and provided like privileges are afforded to
33 residents of this State by the State of residence of such
34 owner.
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1 Every nonresident including any foreign corporation
2 carrying on business within this State and owning and
3 regularly operating in such business any motor vehicle,
4 trailer or semitrailer within this State in intrastate
5 commerce, shall be required to register each such vehicle
6 and pay the same fees therefor as is required with
7 reference to like vehicles owned by residents of this
8 State.
9 (2) Any motor vehicle, trailer, semitrailer and
10 pole trailer operated interstate need not be registered
11 in this State, provided:
12 (a) same is properly registered in another
13 State pursuant to law or to a reciprocity agreement,
14 arrangement or declaration; or
15 (b) that such vehicle is part of a fleet of
16 vehicles owned or operated by the same person who
17 registers such fleet of vehicles pro rata among the
18 various States in which such fleet operates; or
19 (c) that such vehicle is part of a fleet of
20 vehicles, a portion of which are registered with the
21 Secretary of State of Illinois in accordance with an
22 agreement or arrangement concurred in by the
23 Secretary of State of Illinois based on one or more
24 of the following factors: ratio of miles in Illinois
25 as against total miles in all jurisdictions; situs
26 or base of a vehicle, or where it is principally
27 garaged, or from whence it is principally dispatched
28 or where the movements of such vehicle usually
29 originate; situs of the residence of the owner or
30 operator thereof, or of his principal office or
31 offices, or of his places of business; the routes
32 traversed and whether regular or irregular routes
33 are traversed, and the jurisdictions traversed and
34 served; and such other factors as may be deemed
HB0288 Enrolled -34- LRB9000475NTsbB
1 material by the Secretary and the motor vehicle
2 administrators of the other jurisdictions involved
3 in such apportionment; and
4 (d) that such vehicles shall maintain therein
5 any reciprocity permit which may be required by the
6 Secretary of State pursuant to rules and regulations
7 which the Secretary of State may promulgate in the
8 administration of this Code, in the public interest.
9 (3) (a) In order to effectuate the purposes of this
10 Code, the Secretary of State of Illinois is
11 empowered to negotiate and execute written
12 reciprocal agreements or arrangements with the duly
13 authorized representatives of other jurisdictions,
14 including States, districts, territories and
15 possessions of the United States, and foreign
16 states, provinces, or countries, granting to owners
17 or operators of vehicles duly registered or licensed
18 in such other jurisdictions and for which evidence
19 of compliance is supplied, benefits, privileges and
20 exemption from the payment, wholly or partially, of
21 any taxes, fees or other charges imposed with
22 respect to the ownership or operation of such
23 vehicles by the laws of this State except the tax
24 imposed by the Motor Fuel Tax Law, approved March
25 25, 1929, as amended, and the tax imposed by the Use
26 Tax Act, approved July 14, 1955, as amended.
27 The Secretary of State may negotiate agreements
28 or arrangements as are in the best interests of this
29 State and the residents of this State pursuant to
30 the policies expressed in this Section taking into
31 consideration the reciprocal exemptions, benefits
32 and privileges available and accruing to residents
33 of this State and vehicles registered in this State.
34 (b) Such reciprocal agreements or arrangements
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1 shall provide that vehicles duly registered or
2 licensed in this State when operated upon the
3 highways of such other jurisdictions, shall receive
4 exemptions, benefits and privileges of a similar
5 kind or to a similar degree as extended to vehicles
6 from such jurisdictions in this State.
7 (c) Such agreements or arrangements may also
8 authorize the apportionment of registration or
9 licensing of fleets of vehicles operated interstate,
10 based on any or all of the following factors: ratio
11 of miles in Illinois as against total miles in all
12 jurisdictions; situs or base of a vehicle, or where
13 it is principally garaged or from whence it is
14 principally dispatched or where the movements of
15 such vehicle usually originate; situs of the
16 residence of the owner or operator thereof, or of
17 his principal office or offices, or of his places of
18 business; the routes traversed and whether regular
19 or irregular routes are traversed, and the
20 jurisdictions traversed and served; and such other
21 factors as may be deemed material by the Secretary
22 and the motor vehicle administrators of the other
23 jurisdictions involved in such apportionment, and
24 such vehicles shall likewise be entitled to
25 reciprocal exemptions, benefits and privileges.
26 (d) Such agreements or arrangements shall also
27 provide that vehicles being operated in intrastate
28 commerce in Illinois shall comply with the
29 registration and licensing laws of this State,
30 except that vehicles which are part of an
31 apportioned fleet may conduct an intrastate
32 operation incidental to their interstate operations.
33 Any motor vehicle properly registered and qualified
34 under any reciprocal agreement or arrangement under
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1 this Code and not having a situs or base within
2 Illinois may complete the inbound movement of a
3 trailer or semitrailer to an Illinois destination
4 that was brought into Illinois by a motor vehicle
5 also properly registered and qualified under this
6 Code and not having a situs or base within Illinois,
7 or may complete an outbound movement of a trailer or
8 semitrailer to an out-of-state destination that was
9 originated in Illinois by a motor vehicle also
10 properly registered and qualified under this Code
11 and not having a situs or base in Illinois, only if
12 the operator thereof did not break bulk of the cargo
13 laden in such inbound or outbound trailer or
14 semitrailer. Adding or unloading intrastate cargo on
15 such inbound or outbound trailer or semitrailer
16 shall be deemed as breaking bulk.
17 (e) Such agreements or arrangements may also
18 provide for the determination of the proper State in
19 which leased vehicles shall be registered based on
20 the factors set out in subsection (c) above and for
21 apportionment of registration of fleets of leased
22 vehicles by the lessee or by the lessor who leases
23 such vehicles to persons who are not fleet
24 operators.
25 (f) Such agreements or arrangements may also
26 include reciprocal exemptions, benefits or
27 privileges accruing under The Illinois Driver
28 Licensing Law or The Driver License Compact.
29 (4) The Secretary of State is further authorized to
30 examine the laws and requirements of other jurisdictions,
31 and, in the absence of a written agreement or
32 arrangement, to issue a written declaration of the extent
33 and nature of the exemptions, benefits and privileges
34 accorded to vehicles of this State by such other
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1 jurisdictions, and the extent and nature of reciprocal
2 exemptions, benefits and privileges thereby accorded by
3 this State to the vehicles of such other jurisdictions.
4 A declaration by the Secretary of State may include any,
5 part or all reciprocal exemptions, benefits and
6 privileges or provisions as may be included within an
7 agreement or arrangement.
8 (5) All agreements, arrangements, declarations and
9 amendments thereto, shall be in writing and become
10 effective when signed by the Secretary of State, and
11 copies of all such documents shall be available to the
12 public upon request.
13 (6) The Secretary of State is further authorized to
14 require the display by foreign registered trucks,
15 truck-tractors and buses, entitled to reciprocal
16 benefits, exemptions or privileges hereunder, a
17 reciprocity permit for external display before any such
18 reciprocal benefits, exemptions or privileges are
19 granted. The Secretary of State shall provide suitable
20 application forms for such permit and shall promulgate
21 and publish reasonable rules and regulations for the
22 administration and enforcement of the provisions of this
23 Code including a provision for revocation of such permit
24 as to any vehicle operated wilfully in violation of the
25 terms of any reciprocal agreement, arrangement or
26 declaration or in violation of the Illinois Motor Carrier
27 of Property Law, as amended.
28 (7) (a) Upon the suspension, revocation or denial
29 of one or more of all reciprocal benefits,
30 privileges and exemptions existing pursuant to the
31 terms and provisions of this Code or by virtue of a
32 reciprocal agreement or arrangement or declaration
33 thereunder; or, upon the suspension, revocation or
34 denial of a reciprocity permit; or, upon any action
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1 or inaction of the Secretary in the administration
2 and enforcement of the provisions of this Code, any
3 person, resident or nonresident, so aggrieved, may
4 serve upon the Secretary, a petition in writing and
5 under oath, setting forth the grievance of the
6 petitioner, the grounds and basis for the relief
7 sought, and all necessary facts and particulars, and
8 request an administrative hearing thereon. Within
9 20 days, the Secretary shall set a hearing date as
10 early as practical. The Secretary may, in his
11 discretion, supply forms for such a petition.
12 (b) The Secretary may likewise, in his
13 discretion and upon his own petition, order a
14 hearing, when in his best judgment, any person is
15 not entitled to the reciprocal benefits, privileges
16 and exemptions existing pursuant to the terms and
17 provisions of this Code or under a reciprocal
18 agreement or arrangement or declaration thereunder
19 or that a vehicle owned or operated by such person
20 is improperly registered or licensed, or that an
21 Illinois resident has improperly registered or
22 licensed a vehicle in another jurisdiction for the
23 purposes of violating or avoiding the registration
24 laws of this State.
25 (c) The Secretary shall notify a petitioner or
26 any other person involved of such a hearing, by
27 giving at least 10 days notice, in writing, by U.S.
28 Mail, Registered or Certified, or by personal
29 service, at the last known address of such
30 petitioner or person, specifying the time and place
31 of such hearing. Such hearing shall be held before
32 the Secretary, or any person as he may designate,
33 and unless the parties mutually agree to some other
34 county in Illinois, the hearing shall be held in the
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1 County of Sangamon or the County of Cook.
2 Appropriate records of the hearing shall be kept,
3 and the Secretary shall issue or cause to be issued,
4 his decision on the case, within 30 days after the
5 close of such hearing or within 30 days after
6 receipt of the transcript thereof, and a copy shall
7 likewise be served or mailed to the petitioner or
8 person involved.
9 (d) The actions or inactions or
10 determinations, or findings and decisions upon an
11 administrative hearing, of the Secretary, shall be
12 subject to judicial review in the Circuit Court of
13 the County of Sangamon or the County of Cook, and
14 the provisions of the Administrative Review Law, and
15 all amendments and modifications thereof and rules
16 adopted pursuant thereto, apply to and govern all
17 such reviewable matters.
18 Any reciprocal agreements or arrangements
19 entered into by the Secretary of State or any
20 declarations issued by the Secretary of State
21 pursuant to any law in effect prior to the effective
22 date of this Code are not hereby abrogated, and such
23 shall continue in force and effect until amended
24 pursuant to the provisions of this Code or expire
25 pursuant to the terms or provisions thereof.
26 (Source: P.A. 88-516; 89-433, eff. 12-15-95.)
27 (625 ILCS 5/3-402.1) (from Ch. 95 1/2, par. 3-402.1)
28 Sec. 3-402.1. Proportional Registration. Any owner or
29 rental owner engaged in operating a fleet of apportionable
30 vehicles in this state and one or more other states may, in
31 lieu of registration of such vehicles under the general
32 provisions of sections 3-402, 3-815 and 3-819, register and
33 license such fleet for operations in this state by filing an
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1 application statement, signed under penalties of perjury,
2 with the Secretary of State which shall be in such form and
3 contain such information as the Secretary of State shall
4 require, declaring the total mileage operated in all states
5 by such fleet, the total mileage operated in this state by
6 such fleet during the preceding year, and describing and
7 identifying each apportionable vehicle to be operated in this
8 state during the ensuing year. If mileage data is not
9 available for the preceding year, the Secretary of State may
10 accept the latest 12-month period available. "Preceding year"
11 means the period of 12 consecutive months immediately prior
12 to July 1st of the year immediately preceding the
13 registration or license year for which proportional
14 registration is sought.
15 Such owner shall determine the proportion of in-state
16 miles to total fleet miles. Such percentage figure shall be
17 such owner's apportionment factor. In determining the total
18 fee payment, such owner shall first compute the license fee
19 for each vehicle within the fleet which would otherwise be
20 required, and then multiply the said amount by the Illinois
21 apportionment factor adding the fees for each vehicle to
22 arrive at a total amount for the fleet. Apportionable
23 trailers and semitrailers will be registered in accordance
24 with the provisions of Section 3-813 of this Code.
25 Upon receipt of the appropriate fees from such owner as
26 computed under the provisions of this section, the Secretary
27 of State shall, when this state is the base jurisdiction,
28 issue to such owner number plates or other distinctive tags
29 or such evidence of registration as the Secretary of State
30 shall deem appropriate to identify each vehicle in the fleet
31 as a part of a proportionally registered interstate fleet.
32 Vehicles registered under the provision of this section
33 shall be considered fully licensed and properly registered in
34 Illinois for any type of movement or operation. The
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1 proportional registration and licensing provisions of this
2 section shall apply to vehicles added to fleets and operated
3 in this state during the registration year, applying the same
4 apportionment factor to such fees as would be payable for the
5 remainder of the registration year.
6 Apportionment factors for apportionable vehicles not
7 operated in this state during the preceding year shall be
8 determined by the Secretary of State on the basis of a full
9 statement of the proposed methods of operation and in
10 conformity with an estimated mileage chart as calculated by
11 the Secretary of State. An established fleet adding states
12 at the time of renewal shall estimate mileage for the added
13 states in conformity with a mileage chart developed by the
14 Secretary of State.
15 (Source: P.A. 87-206; 87-1041.)
16 (625 ILCS 5/3-618) (from Ch. 95 1/2, par. 3-618)
17 Sec. 3-618. Charitable vehicle plates. Charitable
18 vehicle plates shall be of such color and design as
19 prescribed by the Secretary. The fee for such plates shall be
20 as prescribed in Section 3-808 of this Code. Such plates may
21 be obtained by owners of charitable vehicles, as defined in
22 Section 1-171.01 of this Code.
23 (Source: P.A. 82-1011.)
24 (625 ILCS 5/3-804.02) (from Ch. 95 1/2, par. 3-804.02)
25 Sec. 3-804.02. Commuter Vans. The owner of a commuter
26 van, as defined in Section 1-114.1 of this Act, may register
27 such van for an annual fee not to exceed $50. The Secretary
28 may prescribe that commuter van plates be issued for an
29 indefinite term, such term to correspond to the term of
30 registration plates issued generally. In no event may the
31 registration fee for commuter vans exceed $50 per
32 registration year.
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1 (Source: P.A. 81-492.)
2 (625 ILCS 5/3-808) (from Ch. 95 1/2, par. 3-808)
3 Sec. 3-808. Governmental and charitable vehicles -
4 Registration fees.
5 (a) A registration fee of $8 per 2 year registration
6 period shall be paid by the owner in the following cases:
7 1. Vehicles operated exclusively as a school bus
8 for school purposes by any school district or any
9 religious or denominational institution, except that such
10 a school bus may be used by such a religious or
11 denominational institution for the transportation of
12 persons to or from any of its official activities.
13 2. Vehicles operated exclusively in a high school
14 driver training program by any school district or school
15 operated by a religious institution.
16 3. Rescue squad vehicles as defined in Section
17 1-223 of this Code which are owned and operated by a
18 corporation or association organized and operated not for
19 profit for the purpose of conducting such rescue
20 operations.
21 4. Vehicles, used exclusively as school buses for
22 any school district, which are neither owned nor operated
23 by such district.
24 5. Charitable vehicles, as defined in Section
25 1-171.01 of this Code.
26 (b) Annual vehicle registration plates shall be issued,
27 at no charge, to the following:
28 1. Medical transport vehicles owned and operated by
29 the State of Illinois or by any State agency financed by
30 funds appropriated by the General Assembly.
31 2. Medical transport vehicles operated by or for
32 any county, township or municipal corporation.
33 (c) Ceremonial plates. Upon payment of a registration
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1 fee of $48 per 2-year registration period, the Secretary of
2 State shall issue registration plates to vehicles operated
3 exclusively for ceremonial purposes by any not-for-profit
4 veterans', fraternal, or civic organization. The Secretary
5 of State may prescribe that ceremonial vehicle registration
6 plates be issued for an indefinite term, that term to
7 correspond to the term of registration plates issued
8 generally, as provided in Section 3-414.1.
9 (d) In any event, any vehicle registered under this
10 Section used or operated for purposes other than those herein
11 prescribed shall be subject to revocation, and in that event,
12 the owner may be required to properly register such vehicle
13 under the provisions of this Code.
14 (e) As a prerequisite to registration under this
15 Section, the Secretary of State may require the vehicle
16 owners listed in subsection (a) of this Section who are
17 exempt from federal income taxation under subsection (c) of
18 Section 501 of the Internal Revenue Code of 1986, as now or
19 hereafter amended, to submit to him a determination letter,
20 ruling or other written evidence of tax exempt status issued
21 by the Internal Revenue Service. The Secretary may accept a
22 certified copy of the document issued by the Internal Revenue
23 Service as evidence of the exemption. The Secretary may
24 require documentation of eligibility under this Section to
25 accompany an application for registration.
26 (f) Special event plates. The Secretary of State may
27 issue registration plates in recognition or commemoration of
28 special events which promote the interests of Illinois
29 citizens. These plates shall be valid for no more than 60
30 days prior to the date of expiration. The Secretary shall
31 require the applicant for such plates to pay for the costs of
32 furnishing the plates.
33 Beginning July 1, 1991, all special event plates shall be
34 recorded in the Secretary of State's files for immediate
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1 identification.
2 The Secretary of State, upon issuing a new series of
3 special event plates, shall notify all law enforcement
4 officials of the design and other special features of the
5 special plate series.
6 All special event plates shall indicate, in the lower
7 right corner, the date of expiration in characters no less
8 than 1/2 inch high.
9 (Source: P.A. 88-470; 89-245, eff. 1-1-96; 89-564, eff.
10 7-26-96; 89-626, eff. 8-9-96.)
11 (625 ILCS 5/3-1001) (from Ch. 95 1/2, par. 3-1001)
12 Sec. 3-1001. A tax is hereby imposed on the privilege of
13 using, in this State, any motor vehicle as defined in Section
14 1-146 of this Code acquired by gift, transfer, or purchase,
15 and having a year model designation preceding the year of
16 application for title by 5 or fewer years prior to October 1,
17 1985 and 10 or fewer years on and after October 1, 1985 and
18 prior to January 1, 1988. On and after January 1, 1988, the
19 tax shall apply to all motor vehicles without regard to model
20 year. Except that the tax shall not apply
21 (i) if the use of the motor vehicle is otherwise
22 taxed under the Use Tax Act;
23 (ii) if the motor vehicle is bought and used by a
24 governmental agency or a society, association, foundation
25 or institution organized and operated exclusively for
26 charitable, religious or educational purposes;
27 (iii) if the use of the motor vehicle is not
28 subject to the Use Tax Act by reason of subsection (a),
29 (b), (c), (d), (e) or (f) of Section 3-55 of that Act
30 dealing with the prevention of actual or likely
31 multistate taxation;
32 (iv) to implements of husbandry;
33 (v) when a junking certificate is issued pursuant
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1 to Section 3-117(a) of this Code;
2 (vi) when a vehicle is subject to the replacement
3 vehicle tax imposed by Section 3-2001 of this Act;
4 (vii) when the transfer is a gift to a beneficiary
5 in the administration of an estate and the beneficiary is
6 a surviving spouse.
7 Prior to January 1, 1988, the rate of tax shall be 5% of
8 the selling price for each purchase of a motor vehicle
9 covered by Section 3-1001 of this Code. Except as
10 hereinafter provided, beginning January 1, 1988, the rate of
11 tax shall be as follows for transactions in which the selling
12 price of the motor vehicle is less than $15,000:
13 Number of Years Transpired After Applicable Tax
14 Model Year of Motor Vehicle
15 1 or less $390
16 2 290
17 3 215
18 4 165
19 5 115
20 6 90
21 7 80
22 8 65
23 9 50
24 10 40
25 over 10 25
26 Except as hereinafter provided, beginning January 1, 1988,
27 the rate of tax shall be as follows for transactions in which
28 the selling price of the motor vehicle is $15,000 or more:
29 Selling Price Applicable Tax
30 $15,000 - $19,999 $ 750
31 $20,000 - $24,999 $1,000
32 $25,000 - $29,999 $1,250
33 $30,000 and over $1,500
34 For the following transactions, the tax rate shall be $15 for
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1 each motor vehicle acquired in such transaction:
2 (i) when the transferee or purchaser is the spouse,
3 mother, father, brother, sister or child of the
4 transferor;
5 (ii) when the transfer is a gift to a beneficiary
6 in the administration of an estate and the beneficiary is
7 not a surviving spouse;
8 (iii) when a motor vehicle which has once been
9 subjected to the Illinois retailers' occupation tax or
10 use tax is transferred in connection with the
11 organization, reorganization, dissolution or partial
12 liquidation of an incorporated or unincorporated business
13 wherein the beneficial ownership is not changed.
14 A claim that the transaction is taxable under
15 subparagraph (i) shall be supported by such proof of family
16 relationship as provided by rules of the Department.
17 For a transaction in which a motorcycle, motor driven
18 cycle or motorized pedalcycle is acquired the tax rate shall
19 be $25.
20 On and after October 1, 1985, 1/12 of $5,000,000 of the
21 moneys received by the Department of Revenue pursuant to this
22 Section shall be paid each month into the Build Illinois Fund
23 and the remainder into the General Revenue Fund.
24 For purposes of this Section, "selling price" means the
25 consideration received for a motor vehicle subject to the tax
26 imposed by this Section valued in money, whether received in
27 money or otherwise, including cash, credits, service or
28 property. In the case of gifts or transfers without
29 reasonable consideration, "selling price" shall be deemed to
30 be the fair market value as determined by the Department.
31 At the end of any fiscal year in which the moneys
32 received by the Department of Revenue pursuant to this
33 Section exceeds the Annual Specified Amount, as defined in
34 Section 3 of the Retailers' Occupation Tax Act, the State
HB0288 Enrolled -47- LRB9000475NTsbB
1 Comptroller shall direct the State Treasurer to transfer such
2 excess amount from the General Revenue Fund to the Build
3 Illinois Purposes Fund.
4 The tax imposed by this Section shall be abated and no
5 longer imposed when the amount deposited to secure the bonds
6 issued pursuant to the Build Illinois Bond Act is sufficient
7 to provide for the payment of the principal of, and interest
8 and premium, if any, on the bonds, as certified to the State
9 Comptroller and the Director of Revenue by the Director of
10 the Bureau of the Budget.
11 (Source: P.A. 88-194.)
12 (625 ILCS 5/4-103) (from Ch. 95 1/2, par. 4-103)
13 Sec. 4-103. Offenses relating to motor vehicles and other
14 vehicles - Felonies.
15 (a) It is a violation of this Chapter for:
16 (1) A person not entitled to the possession of a
17 vehicle or essential part of a vehicle to receive,
18 possess, conceal, sell, dispose, or transfer it, knowing
19 it to have been stolen or converted; additionally the
20 General Assembly finds that the acquisition and
21 disposition of vehicles and their essential parts are
22 strictly controlled by law and that such acquisitions and
23 dispositions are reflected by documents of title, uniform
24 invoices, rental contracts, leasing agreements and bills
25 of sale. It may be inferred, therefore that a person
26 exercising exclusive unexplained possession over a stolen
27 or converted vehicle or an essential part of a stolen or
28 converted vehicle has knowledge that such vehicle or
29 essential part is stolen or converted, regardless of
30 whether the date on which such vehicle or essential part
31 was stolen is recent or remote;
32 (2) A person to knowingly remove, alter, deface,
33 destroy, or falsify, or forge a manufacturer's
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1 identification number of a vehicle or an engine number of
2 a motor vehicle or any essential part thereof having an
3 identification number;
4 (3) A person to knowingly conceal or misrepresent
5 the identity of a vehicle or any essential part thereof;
6 (4) A person to buy, receive, possess, sell or
7 dispose of a vehicle, or any essential part thereof, with
8 knowledge that the identification number of the vehicle
9 or any essential part thereof having an identification
10 number has been removed or falsified;
11 (5) A person to knowingly possess, buy, sell,
12 exchange, give away, or offer to buy, sell, exchange or
13 give away, any manufacturer's identification number
14 plate, mylar sticker, federal certificate label, State
15 police reassignment plate, Secretary of State assigned
16 plate, rosette rivet, or facsimile of such which has not
17 yet been attached to or has been removed from the
18 original or assigned vehicle. It is an affirmative
19 defense to subsection (a) of this Section that the person
20 possessing, buying, selling or exchanging a plate mylar
21 sticker or label described in this paragraph is a police
22 officer doing so as part of his official duties, or is a
23 manufacturer's authorized representative who is replacing
24 any manufacturer's identification number plate, mylar
25 sticker or Federal certificate label originally placed on
26 the vehicle by the manufacturer of the vehicle or any
27 essential part thereof;
28 (6) A person to knowingly make a false report of
29 the theft or conversion of a vehicle to any police
30 officer of this State.
31 (b) Sentence. A person convicted of a violation of this
32 Section shall be guilty of a Class 2 felony.
33 (c) The offenses set forth in subsection (a) of this
34 Section shall not include the offense set forth in Section
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1 4-103.2 of this Code.
2 (Source: P.A. 85-572; 86-1209.)
3 (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
4 Sec. 5-100. Definitions. For the purposes of this
5 Chapter, the following words shall have the meanings ascribed
6 to them as follows:
7 "Additional place of business" means a place owned or
8 leased and occupied by the dealer in addition to its
9 established place of business, at which the dealer conducts
10 or intends to conduct business on a permanent or long term
11 basis. The term does not include an area where an off site
12 sale or exhibition is conducted. The Secretary of State
13 shall adopt guidelines for the administration and enforcement
14 of this definition by rule.
15 "Display exhibition" means a temporary display of
16 vehicles by a dealer licensed under Section 5-101 or 5-102,
17 at a location at which no vehicles are offered for sale, that
18 is conducted at a place other than the dealer's established
19 and additional places of business.
20 "Established place of business" means the place owned or
21 leased and occupied by any person duly licensed or required
22 to be licensed as a dealer for the purpose of engaging in
23 selling, buying, bartering, displaying, exchanging or dealing
24 in, on consignment or otherwise, vehicles and their essential
25 parts and for such other ancillary purposes as may be
26 permitted by the Secretary by rule. It shall include an
27 office in which the dealer's records shall be separate and
28 distinct from any other business or tenant which may occupy
29 space in the same building. This office shall not be located
30 in a house trailer, residence, tent, temporary stand,
31 temporary address, room or rooms in a hotel or rooming house,
32 nor the premises occupied by a single or multiple unit
33 residence. The established place of business of a scrap
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1 processor shall be the fixed location where the scrap
2 processor maintains its principal place of business. The
3 Secretary of State shall, by rule and regulation, adopt
4 guidelines for the administration and enforcement of this
5 definition, such as, but not limited to issues concerning the
6 required hours of operation, describing where vehicles are
7 displayed and offered for sale, where books and records are
8 maintained and requirements for the fulfillment of
9 warranties. A dealer may have an additional place of
10 business as defined under this Section.
11 "Rebuilder" means a person who is in the business of
12 returning a vehicle for which a salvage certificate has been
13 previously issued back to its original or operating
14 condition.
15 "Repairer" means a person who is in the business of
16 returning a vehicle other than a vehicle for which a salvage
17 certificate has been issued back to its original or operating
18 condition by restoring, mending, straightening, replacing,
19 altering, or painting its essential parts.
20 "Automotive parts recycler" means a person who is in the
21 business of acquiring previously owned vehicles and vehicle
22 parts for the primary purpose of disposing of parts of
23 vehicles in a manner other than that described in the
24 definition of a "scrap processor" in this Section.
25 "Scrap processor" means a person who purchases a vehicle,
26 junk vehicle or vehicle cowl for processing into a form other
27 than a vehicle, junk vehicle or vehicle cowl for remelting
28 purposes only, who from a fixed location utilizes machinery
29 and equipment for processing or manufacturing ferrous or
30 nonferrous metallic scrap into prepared grades, and whose
31 principal product is metallic scrap and who records such
32 purchases on a weight ticket. No scrap metal processor shall
33 sell a vehicle or essential part, as such, except for
34 engines, transmissions and powertrains, unless licensed to do
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1 so under another provision of this Act. A scrap processor,
2 who is additionally licensed as an automotive parts recycler,
3 shall not be subject to the record keeping requirements for a
4 scrap processor when acting as an automotive parts recycler.
5 "Out-of-state salvage vehicle buyer" means a person who
6 is licensed in another state for the primary purpose of
7 acquiring salvage vehicles and who is issued an out-of-state
8 salvage vehicle buyers identification card in this State for
9 the sole purpose of acquiring salvage vehicles and taking
10 them out of state.
11 "Additional place of business" means a place owned or
12 leased and occupied by the dealer in addition to its
13 established place of business, at which the dealer conducts
14 or intends to conduct business on a permanent or long term
15 basis. "Additional place of business" does not include an
16 area where an off site sale or exhibition is conducted. The
17 Secretary of State shall adopt guidelines for the
18 administration and enforcement of this definition by rule and
19 regulation.
20 "Off site sale" means the temporary display and sale of
21 vehicles, for a period of not more than 7 calendar days
22 (excluding Sundays), by a dealer licensed under Section 5-101
23 or 5-102 at a place other than the dealer's established and
24 additional places of business.
25 "Display exhibition" means a temporary display of
26 vehicles by a dealer licensed under Section 5-101 or 5-102,
27 at a location at which no vehicles are offered for sale, that
28 is conducted at a place other than the dealer's established
29 and additional places of business.
30 "Relevant market area", for a new vehicle dealer licensed
31 under Section 5-101 and for a used vehicle dealer licensed
32 under Section 5-102, means the area within 10 miles of the
33 established or additional place of business of the dealer
34 located in a county with a population of 300,000 or more, or
HB0288 Enrolled -52- LRB9000475NTsbB
1 within 15 miles if the established place of business is
2 located in a county with a population of less than 300,000.
3 "Trade show exhibition" means a temporary display of
4 vehicles, by dealers licensed under Section 5-101 or 5-102,
5 or any other person as defined in subsection (c) of Section
6 5-102.1, at a location at which no vehicles are offered for
7 sale that is conducted at a place other than the dealer's
8 established and additional places of business. In order for
9 a display exhibition to be considered a trade show
10 exhibition, it must be participated in by at least 3 dealers,
11 2 of which must be licensed under Section 5-101 or 5-102; and
12 a trade show exhibition of new vehicles shall only be
13 participated in by licensed new vehicle dealers at least 2 of
14 which must be licensed under Section 5-101.
15 "Relevant market area", for a new vehicle dealer licensed
16 under Section 5-101 and for a used vehicle dealer licensed
17 under Section 5-102, means the area within 10 miles of the
18 established or additional place of business of the dealer
19 located in a county with a population of 300,000 or more, or
20 within 15 miles if the established place of business is
21 located in a county with a population of less than 300,000.
22 (Source: P.A. 88-470; 88-588, eff. 1-1-95; 88-685, eff.
23 1-24-95; 89-235, eff. 8-4-95.)
24 (625 ILCS 5/5-401.3) (from Ch. 95 1/2, par. 5-401.3)
25 Sec. 5-401.3. Scrap processors required to keep records.
26 (a) Every person licensed or required to be licensed as a
27 scrap processor pursuant to Section 5-301 of this Chapter
28 shall maintain for 3 years, at his established place of
29 business, the following records relating to the acquisition
30 of a vehicle, junk vehicle, or vehicle cowl which has been
31 acquired for the purpose of processing into a form other than
32 a vehicle, junk vehicle or vehicle cowl which is possessed in
33 the State or brought into this State from another state,
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1 territory or country. No scrap metal processor shall sell a
2 vehicle or essential part, as such, except for engines,
3 transmissions, and powertrains, unless licensed to do so
4 under another provision of this Code. A scrap processor who
5 is additionally licensed as an automotive parts recycler
6 shall not be subject to the record keeping requirements for a
7 scrap processor when acting as an automotive parts recycler.
8 (1) For a vehicle, junk vehicle, or vehicle cowl
9 acquired from a person who is licensed under this Chapter,
10 the scrap processor shall record the name and address of the
11 person, and the Illinois or out-of-state dealer license
12 number of such person on the scrap processor's weight ticket
13 at the time of the acquisition. The person disposing of the
14 vehicle, junk vehicle, or vehicle cowl shall furnish the
15 scrap processor with documentary proof of ownership of the
16 vehicle, junk vehicle, or vehicle cowl in one of the
17 following forms: a Certificate of Title, a Salvage
18 Certificate, a Junking Certificate, a Secretary of State
19 Junking Manifest, a Uniform Invoice, a Certificate of
20 Purchase, or other similar documentary proof of ownership.
21 The scrap processor shall not acquire a vehicle, junk vehicle
22 or vehicle cowl without obtaining one of the aforementioned
23 documentary proofs of ownership.
24 (2) For a vehicle, junk vehicle or vehicle cowl acquired
25 from a person who is not licensed under this Chapter, the
26 scrap processor shall verify and record that person's
27 identity by recording the identification of such person from
28 at least 2 sources of identification, one of which shall be a
29 driver's license or State Identification Card, on the scrap
30 processor's weight ticket at the time of the acquisition.
31 The person disposing of the vehicle, junk vehicle, or vehicle
32 cowl shall furnish the scrap processor with documentary proof
33 of ownership of the vehicle, junk vehicle, or vehicle cowl in
34 one of the following forms: a Certificate of Title, a
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1 Salvage Certificate, a Junking Certificate, a Secretary of
2 State Junking Manifest, a Certificate of Purchase, or other
3 similar documentary proof of ownership. The scrap processor
4 shall not acquire a vehicle, junk vehicle or vehicle cowl
5 without obtaining one of the aforementioned documentary
6 proofs of ownership.
7 (3) In addition to the other information required on the
8 scrap processor's weight ticket, a scrap processor who at
9 the time of acquisition of a vehicle, junk vehicle, or
10 vehicle cowl is furnished a Certificate of Title, Salvage
11 Certificate or Certificate of Purchase shall record the
12 vehicle Identification Number on the weight ticket or affix a
13 copy of the Certificate of Title, Salvage Certificate or
14 Certificate of Purchase to the weight ticket and the
15 identification of the person acquiring the information on the
16 behalf of the scrap processor.
17 (4) The scrap processor shall maintain a copy of a Junk
18 Vehicle Notification relating to any Certificate of Title,
19 Salvage Certificate, Certificate of Purchase or similarly
20 acceptable out-of-state document surrendered to the Secretary
21 of State pursuant to the provisions of Section 3-117.2 of
22 this Code.
23 (b) Any licensee who knowingly fails to record any of the
24 specific information required to be recorded on the weight
25 ticket or who knowingly fails to acquire and maintain for 3
26 years documentary proof of ownership in one of the prescribed
27 forms shall be guilty of a Class A misdemeanor and subject to
28 a fine not to exceed $1,000. Each violation shall constitute
29 a separate and distinct offense and a separate count may be
30 brought in the same complaint for each violation. Any
31 licensee who commits a second violation of this Section
32 within two years of a previous conviction of a violation of
33 this Section shall be guilty of a Class 4 felony.
34 (c) It shall be an affirmative defense to an offense
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1 brought under paragraph (b) of this Section that the licensee
2 or person required to be licensed both reasonably and in good
3 faith relied on information appearing on a Certificate of
4 Title, a Salvage Certificate, a Junking Certificate, a
5 Secretary of State Manifest, a Secretary of State's Uniform
6 Invoice, a Certificate of Purchase, or other documentary
7 proof of ownership prepared under Section 3-117.1 (a) of this
8 Code, relating to the transaction for which the required
9 record was not kept which was supplied to the licensee by
10 another licensee or out-of-state dealer.
11 (d) No later than 15 days prior to going out of
12 business, selling the business, or transferring the ownership
13 of the business, the scrap processor shall notify the
14 Secretary of that fact. Failure to so notify the Secretary
15 of State shall constitute a failure to keep records under
16 this Section.
17 (e) Evidence derived directly or indirectly from the
18 keeping of records required to be kept under this Section
19 shall not be admissible in a prosecution of the licensee for
20 an alleged violation of Section 4-102 (a)(3) of this Code.
21 (Source: P.A. 86-444.)
22 (625 ILCS 5/6-301.2) (from Ch. 95 1/2, par. 6-301.2)
23 Sec. 6-301.2. Fraudulent driver's license or permit.
24 (a) (Blank). As used in this Section:
25 1. "A fraudulent driver's license or permit" means
26 any license or permit which purports to be an official
27 driver's license or permit for which a computerized
28 number and file have not been created by the Secretary of
29 State or other official driver's license agency in
30 another jurisdiction;
31 2. "A driver's license-making implement" means any
32 implement specially designed or primarily used in the
33 manufacture, assembly or authentication of an official
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1 driver's license issued by the Secretary of State or
2 other official driver's license agency in another
3 jurisdiction. Such implements include, but are not
4 limited to, cameras used for creating driver's license
5 photographs, camera cards, or driver's license laminates.
6 (b) It is a violation of this Section for any person:
7 1. To knowingly possess any fraudulent driver's
8 license or permit;
9 2. To knowingly possess, display or cause to be
10 displayed any fraudulent driver's license or permit for
11 the purpose of obtaining any account, credit, credit card
12 or debit card from a bank, financial institution or
13 retail mercantile establishment;
14 3. To knowingly possess any fraudulent driver's
15 license or permit with the intent to commit a theft,
16 deception or credit or debit card fraud in violation of
17 any law of this State or any law of any other
18 jurisdiction;
19 4. To knowingly possess any fraudulent driver's
20 license or permit with the intent to commit any other
21 violation of any laws of this State or any law of any
22 other jurisdiction for which a sentence to a term of
23 imprisonment in a penitentiary for one year or more is
24 provided;
25 5. To knowingly possess any fraudulent driver's
26 license or permit while in unauthorized possession of any
27 document, instrument or device capable of defrauding
28 another;
29 6. To knowingly possess any fraudulent driver's
30 license or permit with the intent to use the license or
31 permit to acquire any other identification document;
32 7. To knowingly possess without authority any
33 driver's license-making implement;
34 8. To knowingly possess any stolen driver's license
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1 making implement;
2 9. To knowingly duplicate, manufacture, sell or
3 transfer any fraudulent driver's license or permit;
4 10. To advertise or distribute any information or
5 materials that promote the selling, giving, or furnishing
6 of a fraudulent driver's license or permit.
7 (c) Sentence.
8 1. Any person convicted of a violation of paragraph
9 1 of subsection (b) of this Section shall be guilty of a
10 Class 4 felony and shall be sentenced to a minimum fine
11 of $500 or 50 hours of community service, preferably at
12 an alcohol abuse prevention program, if available.
13 2. Any person convicted of a violation of any of
14 paragraphs 2 through 9 of subsection (b) of this Section
15 shall be guilty of a Class 4 felony. A person convicted
16 of a second or subsequent violation shall be guilty of a
17 Class 3 felony.
18 3. Any person convicted of a violation of paragraph
19 10 of subsection (b) of this Section shall be guilty of a
20 Class B misdemeanor.
21 (d) This Section does not prohibit any lawfully
22 authorized investigative, protective, law enforcement or
23 other activity of any agency of the United States, State of
24 Illinois or any other state or political subdivision thereof.
25 (e) The Secretary may request the Attorney General to
26 seek a restraining order in the circuit court against any
27 person who violates this Section by advertising fraudulent
28 driver's licenses or permits.
29 (Source: P.A. 88-210; 89-283, eff. 1-1-96.)
30 (625 ILCS 5/6-500) (from Ch. 95 1/2, par. 6-500)
31 Sec. 6-500. Definitions of words and phrases.
32 Notwithstanding the definitions set forth elsewhere in this
33 Code, for purposes of the Uniform Commercial Driver's License
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1 Act (UCDLA), the words and phrases listed below shall have
2 the meanings ascribed to them as follows:
3 1. Alcohol. "Alcohol" means any substance containing any
4 form of alcohol, including but not limited to: ethanol;
5 methanol; propanol and isopropanol.
6 2. Alcohol concentration. "Alcohol concentration" means:
7 (a) the number of grams of alcohol per 210 liters
8 of breath; or
9 (b) the number of grams of alcohol per 100
10 milliliters of blood; or
11 (c) the number of grams of alcohol per 67
12 milliliters of urine.
13 Alcohol tests administered within 2 hours of the driver
14 being "stopped or detained" shall be considered that driver's
15 "alcohol concentration" for the purposes of enforcing this
16 UCDLA.
17 3. Commercial Driver's License. "Commercial driver's
18 license" or "CDL" means a driver's license issued by a State
19 to a person which authorizes that person to drive a certain
20 class of commercial motor vehicle or vehicles.
21 4. Commercial Driver License Information System.
22 "Commercial Driver License Information System" (CDLIS) means
23 the information system established, pursuant to the
24 Commercial Motor Vehicle Safety Act of 1986 (CMVSA), to serve
25 as a clearinghouse for locating information related to the
26 licensing and identification of commercial motor vehicle
27 drivers.
28 5. Commercial Driver Instruction Permit. "Commercial
29 driver instruction permit" means a permit issued pursuant to
30 Section 6-508 of this UCDLA.
31 6. Commercial Motor Vehicle. "Commercial motor vehicle"
32 means a motor vehicle, except those referred to in paragraph
33 (d), designed to transport passengers or property if:
34 (a) the vehicle has a GVWR of 26,001 pounds or more
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1 or such a lesser GVWR as subsequently determined by
2 federal regulations or the Secretary of State; or any
3 combination of vehicles with a GCWR of 26,001 pounds or
4 more, provided the GVWR of any vehicle or vehicles being
5 towed is 10,001 pounds or more; or
6 (b) the vehicle is designed to transport 16 or more
7 persons; or
8 (c) the vehicle is transporting hazardous materials
9 and is required to be placarded in accordance with 49
10 C.F.R. Part 172, subpart F.
11 (d) Pursuant to the interpretation of the
12 Commercial Motor Vehicle Safety Act of 1986 by the
13 Federal Highway Administration, the definition of
14 "commercial vehicle" does not include:
15 (i) Recreational vehicles, when operated
16 primarily for personal use;
17 (ii) United States Department of Defense
18 vehicles being operated by non-civilian personnel.
19 This includes any operator on active military duty;
20 members of the Reserves; National Guard; personnel
21 on part-time training; and National Guard military
22 technicians (civilians who are required to wear
23 military uniforms and are subject to the Code of
24 Military Justice); or
25 (iii) Firefighting and other emergency
26 equipment with audible and visual signals, owned or
27 operated by or for a governmental entity, which is
28 necessary to the preservation of life or property or
29 the execution of emergency governmental functions
30 which are normally not subject to general traffic
31 rules and regulations.
32 7. Controlled Substance. "Controlled substance" shall
33 have the same meaning as defined in Section 102 of the
34 Illinois Controlled Substances Act, and shall also include
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1 cannabis as defined in Section 3 of the Cannabis Control Act.
2 8. Conviction. "Conviction" means an unvacated
3 adjudication of guilt or a determination that a person has
4 violated or failed to comply with the law in a court of
5 original jurisdiction or an authorized administrative
6 tribunal; an unvacated forfeiture of bail or collateral
7 deposited to secure the person's appearance in court; the
8 payment of a fine or court cost regardless of whether the
9 imposition of sentence is deferred and ultimately a judgment
10 dismissing the underlying charge is entered; or a violation
11 of a condition of release without bail, regardless of whether
12 or not the penalty is rebated, suspended or probated.
13 9. Disqualification. "Disqualification" means a
14 withdrawal of the privilege to drive a commercial motor
15 vehicle.
16 10. Domicile. "Domicile" means a true, fixed and
17 permanent legal home of a person or the place to which such
18 person intends to return even though the person may reside
19 elsewhere. As a further explanation, "A person may have more
20 than one residence but only one domicile".
21 11. Domiciliary. "Domiciliary" means a "person" who is
22 domiciled.
23 12. Drive. "Drive" means to drive, operate or be in
24 physical control of a motor vehicle.
25 13. Driver. "Driver" means any person who drives,
26 operates, or is in physical control of a commercial motor
27 vehicle, or who is required to hold a CDL.
28 14. Employee. "Employee" means a person who is employed
29 as a commercial motor vehicle driver. A person who is
30 self-employed as a commercial motor vehicle driver must
31 comply with the requirements of this UCDLA pertaining to
32 employees. An owner-operator on a long-term lease shall be
33 considered an employee.
34 15. Employer. "Employer" means a person (including the
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1 United States, a State or a local authority) who owns or
2 leases a commercial motor vehicle or assigns employees to
3 operate such a vehicle. A person who is self-employed as a
4 commercial motor vehicle driver must comply with the
5 requirements of this UCDLA.
6 16. Felony. "Felony" means an offense under State or
7 Federal law that is punishable by death or imprisonment for a
8 term of one year or more.
9 17. Foreign jurisdiction. "Foreign jurisdiction" means
10 a sovereign jurisdiction that does not fall within the
11 definition of "State".
12 18. Full information. "Full information" means, for the
13 purpose of this UCDLA, all records of traffic law
14 convictions, as contained in the records then on file in the
15 office of the Secretary of State, whether the person has a
16 current driver's license then on file, the driver's license
17 number, and the address and personal description of said
18 person as reflected on the person's driver's license
19 application.
20 19. Gross Vehicle Weight Rating. "Gross Vehicle Weight
21 Rating" (GVWR) means the value specified by the
22 manufacturer(s) as the maximum loaded weight of a single or
23 combination of vehicles; or the registered gross weight;
24 whichever is greater. The GVWR of a combination of vehicles
25 (commonly referred to as the "Gross Combination Weight
26 Rating" or GCWR) is the GVWR of the power unit plus the GVWR
27 of the towed unit or units; or the combined registered weight
28 of the power unit plus the towed unit, whichever is greater.
29 20. Hazardous Material. Upon a finding by the United
30 States Secretary of Transportation, in his or her discretion,
31 under 49 App. U.S.C. 5103(a), that the transportation of a
32 particular quantity and form of material in commerce may pose
33 an unreasonable risk to health and safety or property, he or
34 she shall designate the quantity and form of material or
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1 group or class of the materials as a hazardous material. The
2 materials so designated may include but are not limited to
3 explosives, radioactive materials, etiologic agents,
4 flammable liquids or solids, combustible liquids or solids,
5 poisons, oxidizing or corrosive materials, and compressed
6 gases. "Hazardous material" has the meaning such term has
7 under Section 103 of the Hazardous Materials Transportation
8 Act (49 App. U.S.C. 1801 et seq).
9 21. Long-term-lease. "Long-term-lease" means a lease of
10 a commercial motor vehicle by the owner-lessor to a lessee,
11 for a period of more than 29 days.
12 22. Motor Vehicle. "Motor vehicle" means every vehicle
13 which is self-propelled, and every vehicle which is propelled
14 by electric power obtained from over head trolley wires but
15 not operated upon rails, except vehicles moved solely by
16 human power and motorized wheel chairs.
17 23. Non-resident CDL. "Non-resident CDL" means a
18 commercial driver's license issued by a State to an
19 individual who is domiciled in a foreign jurisdiction.
20 24. -Out-of-service order. "Out-of-service order" means
21 a temporary prohibition against driving a commercial motor
22 vehicle.
23 25. Owner-operator. "Owner-operator" means commercial
24 motor vehicle lessor who leases such commercial motor
25 vehicle, with driver, to a lessee.
26 26. Serious Traffic Violation. "Serious traffic
27 violation" means:
28 (a) A conviction when operating a commercial motor
29 vehicle of:
30 (i) a violation relating to excessive
31 speeding, involving a single speeding charge of 15
32 miles per hour or more above the legal speed limit;
33 or
34 (ii) a violation relating to reckless driving;
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1 or
2 (iii) a violation of any State Law or local
3 ordinance relating to motor vehicle traffic control
4 (other than parking violations) arising in
5 connection with a fatal traffic accident; or
6 (iv) a violation of Section 6-501, relating to
7 having multiple driver's licenses; or
8 (v) a violation of paragraph (a), of Section
9 6-507, relating to the requirement to have a valid
10 CDL; or
11 (vi) a violation relating to improper or
12 erratic traffic lane changes; or
13 (vii) a violation relating to following
14 another vehicle too closely; or
15 (b) any other similar violation of a law or local
16 ordinance of any state relating to motor vehicle traffic
17 control, other than a parking violation, which the
18 Secretary of State determines by Administrative Rule to
19 be serious.
20 27. State. "State" means a State of the United States,
21 the District of Columbia and any Province or Territory of
22 Canada.
23 28. Tank vehicle. "Tank vehicle" shall mean any
24 commercial motor vehicle that is designed to transport any
25 liquid or gaseous material within a tank that is either
26 permanently or temporarily attached to the vehicle or the
27 chassis. Those vehicles include, but are not limited to,
28 cargo tanks and portable tanks, as defined in 49 C.F.R. Part
29 171. However, this definition does not include portable
30 tanks having a rated capacity of less than 1,000 gallons.
31 29. Third party tester. "Third party tester" means an
32 entity that has been approved by the Secretary.
33 30. United States. "United States" means the 50 states
34 and the District of Columbia.
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1 31. Verified evidence. "Verified evidence" means a
2 document that is confirmed or substantiated by a sworn
3 report; or any public record received from a court of
4 competent jurisdiction.
5 (Source: P.A. 89-179, eff. 1-1-96; 89-571, eff. 7-26-96.)
6 (625 ILCS 5/6-901) (from Ch. 95 1/2, par. 6-901)
7 Sec. 6-901. Definition. Definitions. For the purposes of
8 this Article:
9 "Board" means the Driver's License Medical Advisory
10 Board.
11 "Medical examiner" or "medical practitioner" means any
12 person licensed to practice medicine in all its branches in
13 the State of Illinois.
14 "Medical limitation or condition" means a scientifically
15 recognized condition that may medically impair a person's
16 physical or mental health to the extent the person is unable
17 to safely operate a motor vehicle.
18 "Secretary" means the Illinois Secretary of State or his
19 or her designee.
20 (Source: P.A. 87-1249.)
21 (625 ILCS 5/7-100) (from Ch. 95 1/2, par. 7-100)
22 Sec. 7-100. Definition of words and phrases.
23 Notwithstanding the definitions set forth in Chapter 1, for
24 the purposes of this Chapter, the following words shall have
25 the following meanings ascribed to them:
26 Administrator. The Department of Transportation.
27 Arrearage. The total amount of unpaid support
28 obligations.
29 Authenticated document. A document from a court which
30 contains a court stamp, showing it is filed with the court,
31 or notarized, or is certified by the custodian of the
32 original.
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1 Compliance with a court order of support. The support
2 obligor is no more than an amount equal to 90 days obligation
3 in arrears in making payments in full for current support, or
4 in making periodic payments on a support arrearage as
5 determined by a court.
6 Court order of support. A judgment order for the support
7 of dependent children issued by a court of this State,
8 including a judgment of dissolution of marriage.
9 Department. The Department of Transportation.
10 Driver's license. A license or permit to operate a motor
11 vehicle in the State, including the privilege of a person to
12 drive a motor vehicle whether or not the person holds a valid
13 license or permit.
14 Family financial responsibility driving permit. A permit
15 granting limited driving privileges for employment or medical
16 purposes following a suspension of driving privileges under
17 the Family Financial Responsibility Law. This permit is
18 valid only after the entry of a court order granting the
19 permit and issuance of the permit by the Secretary of State's
20 Office. An individual's driving privileges must be valid
21 except for the family financial responsibility suspension in
22 order for this permit to be issued. In order to be valid,
23 the permit must be in the immediate possession of the driver
24 to whom it is issued.
25 Judgment. A final judgment of any court of competent
26 jurisdiction of any State, against a person as defendant for
27 damages on account of bodily injury to or death of any person
28 or damages to property resulting from the operation of any
29 motor vehicle.
30 Obligor. The individual who owes a duty to make payments
31 under a court order of support.
32 Obligee. The individual or other legal entity to whom a
33 duty of support is owed through a court order of support or
34 the individual's legal representatives.
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1 (Source: P.A. 89-92, eff. 7-1-96.)
2 (625 ILCS 5/7-102) (from Ch. 95 1/2, par. 7-102)
3 Sec. 7-102. Court Review. The provisions of the
4 Administrative Review Law, and all amendments and
5 modifications thereof, and the rules adopted pursuant
6 thereto, shall apply to and govern all proceedings for the
7 judicial review of final administrative decisions of the
8 Administrator or the Secretary of State hereunder. The term
9 "administrative decision" is defined as in Section 3-101 of
10 the Code of Civil Procedure.
11 (Source: P.A. 82-783.)
12 (625 ILCS 5/7-305) (from Ch. 95 1/2, par. 7-305)
13 Sec. 7-305. Suspension until proof furnished. The
14 suspension of such certificates of registration, license
15 plates and registration stickers of such person as provided
16 for in Section 7-304 shall remain in effect and the Secretary
17 of State shall not issue to any such person any new or
18 renewal of driver's license and shall not register or
19 re-register in the name of such person any motor vehicle
20 until permitted under this Article and not then unless and
21 until said person gives proof of his financial responsibility
22 in the future, as defined in this Code provided in Section
23 7-302, such proof to be maintained by said person in a manner
24 satisfactory to the Secretary of State for a period of 3
25 years after the date such proof is first filed.
26 (Source: P.A. 84-112.)
27 (625 ILCS 5/7-501) (from Ch. 95 1/2, par. 7-501)
28 Sec. 7-501. Assigned Risk Plans. If, on or before
29 January 1, 1946, every insurance carrier authorized to write
30 automobile bodily injury liability insurance in this State
31 shall not subscribe to an assigned risk plan approved by the
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1 Director of Insurance, providing that no carrier may withdraw
2 therefrom after approval of the Director, the Director of
3 Insurance shall, when he finds that an application for
4 bodily injury or property damage insurance by a risk, which
5 may become subject to this Act or is a local public entity
6 subject to the Local Governmental and Governmental Tort
7 Immunity Act, and in good faith is entitled to such
8 insurance, has been rejected by 3 insurance carriers,
9 designate an insurance carrier which shall be obligated to
10 issue forthwith its usual form of policy providing such
11 insurance for such risk. The Director shall make equitable
12 distribution of such assignments among insurance carriers
13 proportionate, so far as practicable, by premiums to the
14 respective net direct automobile bodily injury premium
15 writings of the carriers authorized to do business in this
16 State. The Director of Insurance shall establish rules and
17 regulations for the administration of the provisions of this
18 Section.
19 If any carrier refuses or neglects to comply with the
20 provisions of this Section or with any lawful order or ruling
21 made by the Director of Insurance pursuant to this Section,
22 the Director may, after notice and hearing, suspend the
23 license of such carrier to transact any insurance business in
24 this State until such carrier shall have complied with such
25 order. The provisions of the Administrative Review Law, and
26 all amendments and modifications thereof, and the rules
27 adopted pursuant thereto, shall apply to and govern all
28 proceedings for the judicial review of final administrative
29 decisions of the Director of Insurance hereunder. The term
30 "administrative decision" is defined as in Section 3-101 of
31 the Code of Civil Procedure.
32 (Source: P.A. 82-783.)
33 (625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
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1 Sec. 11-100. Definition of Administrator words and
2 phrases. Notwithstanding the definitions set forth in Chapter
3 1 of this Code, For the purposes of this Chapter, the
4 following words shall have the meanings ascribed to them as
5 follows: Department. The Department of Transportation acting
6 directly or through its duly authorized officers and agents.
7 "Administrator". means the Administrator of the Illinois
8 Safety and Family Financial Responsibility Law in Chapter 7
9 of this Code.
10 (Source: P.A. 89-92, eff. 7-1-96.)
11 (625 ILCS 5/11-416) (from Ch. 95 1/2, par. 11-416)
12 Sec. 11-416. Furnishing copies - Fees. The Department
13 of State Police may furnish copies of an Illinois State
14 Police Traffic Accident Report that has been investigated by
15 the State Police and shall be paid a fee of $5 for each such
16 copy, or in the case of an accident which was investigated by
17 an accident reconstruction officer or accident reconstruction
18 team, a fee of $20 shall be paid.
19 Other State law enforcement agencies or law enforcement
20 agencies of local authorities, as defined under Section
21 11-100 of this Code, may furnish copies of traffic accident
22 reports prepared by such agencies and may receive a fee not
23 to exceed $5 for each copy or in the case of an accident
24 which was investigated by an accident reconstruction officer
25 or accident reconstruction team, the State or local law
26 enforcement agency may receive a fee not to exceed $20.
27 Any written accident report required or requested to be
28 furnished the Administrator shall be provided without cost or
29 fee charges authorized under this Section or any other
30 provision of law.
31 (Source: P.A. 84-1308.)
32 (625 ILCS 5/11-1403.3) (from Ch. 95 1/2, par. 11-1403.3)
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1 Sec. 11-1403.3. Intercom helmets. Any driver of a
2 vehicle defined in Section 1-145.001, 1-147, 1-148 or 1-148.2
3 of this Code may use a helmet equipped with an electronic
4 intercom system permitting 2-way vocal communication with
5 drivers of any such vehicles or passengers on such vehicles.
6 (Source: P.A. 85-273.)
7 (625 ILCS 5/11-1424) (from Ch. 95 1/2, par. 11-1424)
8 Sec. 11-1424. Operation of a religious organization bus.
9 (a) No religious organization bus may be operated on any
10 street or highway unless all passengers, except for
11 supervisory personnel, are seated in seats permanently
12 mounted to the vehicle, and the aisle of the bus is kept
13 clean and open.
14 (b) No religious organization bus may be operated on any
15 street or highway while carrying more than the manufacturer's
16 rated passenger capacity for such bus, or at a gross weight
17 in excess of the chassis manufacturer's gross vehicle weight
18 rating (GVWR) or gross axle weight rating (GAWR), or in
19 excess of the weight load ratings of the tires on such bus.
20 For Buses or tires on which the manufacturer has not shown
21 such ratings, by a label, embossment, molding or equivalent
22 means, the Department shall provide, or assist in obtaining,
23 the necessary ratings and may publish such ratings.
24 (c) In loading or unloading passengers, the religious
25 organization bus driver shall stop the bus out of the lane of
26 moving traffic at any bus stop, officially designated as such
27 by government authorities or in a parking lane on the
28 pavement of the highway or on the shoulder off of the
29 highway, if wide enough to permit the safe loading or
30 unloading of passengers. If, however, there is no such bus
31 stop, parking lane or shoulder within 50 feet of the
32 residence or temporary residence of the passenger transported
33 or to be transported by the bus or within 50 feet of the
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1 religious facility, the driver may stop the bus on the
2 pavement of the highway after activating unison amber
3 warning lights for not less than 200 feet before the bus is
4 brought to a stop and while passengers are being loaded or
5 unloaded, or if the bus is equipped as a school bus and meets
6 the requirements of Article VIII of this Act, by complying
7 with the subsections (b), (c) and (d) of Section 11-1414.
8 (d) At all pickup points where it is necessary for a
9 religious organization bus passenger under the age of 12
10 years to cross the roadway to board the bus, a responsible
11 supervisor on the bus shall personally escort the awaiting
12 passenger when it is safe to cross the roadway ahead of the
13 bus.
14 (e) At all discharge points where it is necessary for a
15 religious organization bus passenger under the age of 12 to
16 cross the roadway, a responsible supervisor on the bus shall
17 personally escort the passenger to a point approximately 10
18 feet in front of the bus on the shoulder and then, when it is
19 safe to cross the roadway, across the roadway to a place of
20 safety.
21 (f) If a school bus is used by a religious organization
22 bus for the purposes specified in subsection (a) of Section
23 1-111.1a 1-171.01 and activates the visual signals as
24 required by subsections (b), (c) and (d) of Section 11-1414
25 when picking up or discharging passengers, compliance with
26 subsections (d) and (e) of this Section is optional.
27 (Source: P.A. 80-506.)
28 (625 ILCS 5/12-603) (from Ch. 95 1/2, par. 12-603)
29 Sec. 12-603. Seat safety belts.
30 (a) No person shall sell any 1965 or later model motor
31 vehicle of the first division unless the front seat of such
32 motor vehicle is equipped with 2 sets of seat safety belts.
33 Motorcycles are exempted from the provisions of this Section.
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1 (b) No person shall operate any 1965 or later model
2 motor vehicle of the first division that is titled or
3 licensed by the Secretary of State unless the front seat of
4 such motor vehicle is equipped with 2 sets of seat safety
5 belts.
6 (c) (Blank). As used in this Section, "seat safety
7 belts" means a set of belts or a harness meeting the
8 specifications established by the Department and installed in
9 such manner as to prevent or materially reduce the movement
10 of the person using the same in the event of collision or
11 upset of the vehicle.
12 (d) The Department shall establish performance
13 specifications for seat safety belts and for the attachment
14 and installation thereof.
15 (Source: P.A. 89-120, eff. 7-7-95.)
16 (625 ILCS 5/12-605.1) (from Ch. 95 1/2, par. 12-605.1)
17 Sec. 12-605.1. (a) On or after two years from the
18 effective date of this Act, no bus which was first placed in
19 service after July 1, 1969, or which has undergone complete
20 renovation and restoration since July 1, 1969 shall be
21 operated as a part of any local mass transit system in this
22 State unless the vehicle is equipped with radio facilities
23 permitting two-way vocal communications between the bus and a
24 local transit control office. As used in this Section "local
25 mass transit system" means an organized system providing
26 passenger transportation over regular routes within a
27 designated municipality or area. This Section does not apply
28 to buses used for charter service, school buses, intrastate
29 carriers while not providing transportation services pursuant
30 to contracts with any local mass transit system, private
31 non-profit carriers receiving assistance under Section 16(b)2
32 of the Urban Mass Transportation Act of 1964 as amended,
33 carriers receiving assistance pursuant to Article III of the
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1 Downstate Public Transportation Act, or interstate carriers
2 and buses owned by a private local mass transit system;
3 (b) A local mass transit system operating a bus not in
4 compliance with the requirements of subsection (a) shall not
5 be in violation of that subsection, provided that the bus is
6 brought into compliance within a reasonable time (in no event
7 to exceed 1 week) following written notification to the mass
8 transit system of the fact that the bus is not in compliance.
9 (Source: P.A. 81-1184.)
10 (625 ILCS 5/12-605.2) (from Ch. 95 1/2, par. 12-605.2)
11 Sec. 12-605.2. Beginning 30 days after the effective
12 date of this amendatory Act of 1988, no person shall consume
13 any food or drink, excluding any medicine, upon any bus
14 operated as a part of any local mass transit system in this
15 State. As used in this Section "local mass transit system"
16 means an organized system providing passenger transportation
17 over regular routes within a designated municipality or area.
18 This Section does not apply to buses used for charter
19 service, school buses, intrastate carriers while not
20 providing transportation services pursuant to contracts with
21 any local mass transit system, and private non-profit
22 carriers.
23 Persons found guilty of violating this Section shall be
24 fined $100.
25 (Source: P.A. 85-1364.)
26 (625 ILCS 5/12-607.1) (from Ch. 95 1/2, par. 12-607.1)
27 Sec. 12-607.1. Frame and floor height. (a) No person
28 shall operate upon a highway a first division vehicle which
29 has a clearance between the frame and ground in excess of 22
30 inches. The lowest portion of the body floor shall not be
31 more than 4 inches above the top of the frame. No such
32 vehicle shall be modified to cause the vehicle body or
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1 chassis to come in contact with the ground, expose the fuel
2 tank to damage from collision or cause the wheels to come in
3 contact with the body under normal operation.
4 (b) No person shall operate upon a highway a second
5 division vehicle which has a clearance between the frame and
6 ground which is in excess of the limits specified within this
7 subsection for its gross vehicle weight rating (GVWR)
8 category. For the purpose of this section, GVWR means the
9 manufacturer's gross vehicle weight rating whether or not the
10 vehicle is modified by the use of parts not originally
11 installed by the manufacturer. The stacking or attaching of
12 vehicle frames (one frame on top of or beneath another frame)
13 is prohibited. No portion of the body floor shall be raised
14 above the frame.
15 (1) The frame height of second division vehicles, whose
16 GVWR is under 4,500 pounds, shall be no more than 24 inches.
17 (2) The frame height of second division vehicles, whose
18 GVWR is more than 4,500 pounds and less than 7,500 pounds,
19 shall be no more than 26 inches.
20 (3) The frame height of second division vehicles, whose
21 GVWR is more than 7,500 pounds and less than 10,000 pounds,
22 shall be no more than 28 inches.
23 (c) Under subsections (a) or (b) of this Section,
24 measurements shall be made when a vehicle is unladen on a
25 level surface at the lowest point from the bottom of the
26 original vehicle manufacturer's longitudinal frame rail
27 between the front axle and second axle on the vehicle.
28 (d) This Section does not apply to specially designed or
29 modified motor vehicles when operated off the highways. Such
30 motor vehicles may be transported upon the highway only by
31 use of a trailer or semitrailer. The specially designed or
32 modified motor vehicle may also be transported upon another
33 vehicle, providing that the entire weight of the specifically
34 designed or modified vehicle is resting upon the transporting
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1 vehicle.
2 (e) Any violation of this Section is a Class C
3 misdemeanor. A second conviction under this Section shall be
4 punished with a fine of not less than $500. An officer making
5 an arrest under this Section shall order the vehicle driver
6 to remove the vehicle from the highway. A person convicted
7 under this Section shall be ordered to bring his vehicle into
8 compliance with this Section.
9 (Source: P.A. 86-498.)
10 (625 ILCS 5/12-714)
11 Sec. 12-714. Possession and use of radar detection
12 devices prohibited.
13 (a) No person shall operate or be in actual physical
14 control of a commercial motor vehicle as defined in Section
15 6-500(6) of this Code while the motor vehicle is equipped
16 with any instrument designed to detect the presence of police
17 radar for the purpose of monitoring vehicular speed. For
18 purposes of this Section, the term "equipped" means and
19 includes possession or use within a commercial motor vehicle.
20 (b) Notwithstanding subsection (a) of this Section, a
21 person operating a commercial motor vehicle as defined in
22 Section 6-500(6) of this Code, who possesses within the
23 vehicle a radar detecting device that is contained in a
24 locked opaque box or similar container, or that is not in the
25 passenger compartment of the vehicle, and that is not in
26 operation, shall not be in violation of subsection (a) of
27 this Section.
28 Any person found guilty of violating this Section shall
29 be guilty of a petty offense. A minimum fine of $50 shall be
30 imposed for a first offense and a minimum fine of $100 for a
31 second or subsequent offense.
32 (c) The radar detection device or mechanism shall be
33 seized by the law enforcement officer at the time of the
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1 violation if the offender has previously been convicted of
2 violating this Section. This Section shall not be construed
3 to authorize the permanent forfeiture to the State of any
4 radar detection device or mechanism. Any such device or
5 mechanism shall be taken and held for the period when needed
6 as evidence. When no longer needed for evidence, the
7 defendant may petition the court for the return of the device
8 or mechanism; provided the defendant shall prove to the court
9 by a preponderance of the evidence that the device or
10 mechanism will be used only for a legitimate and lawful
11 purpose.
12 (d) No commercial motor vehicle, or driver of such
13 vehicle, shall be stopped or searched by any law enforcement
14 officer solely on the basis of a violation or suspected
15 violation of this Section.
16 (Source: P.A. 87-1202; 88-45.)
17 (625 ILCS 5/12-715)
18 Sec. 12-715.. Possession and use of radar jamming
19 devices prohibited.
20 (a) No person shall operate or be in actual physical
21 control of a commercial motor vehicle as defined in Section
22 6-500(6) of this Code while the motor vehicle is equipped
23 with any instrument designed to interfere with microwaves at
24 frequencies used by police radar for the purpose of
25 monitoring vehicular speed. For purposes of this Section,
26 the term "equipped" means and includes possession or use
27 within a commercial motor vehicle.
28 (b) Notwithstanding subsection (a) of this Section, a
29 person operating a commercial motor vehicle as defined in
30 Section 6-500(6) of this Code, who possesses within the
31 vehicle a radar jamming device that is contained in a locked
32 opaque box or similar container, or that is not in the
33 passenger compartment of the vehicle, and that is not in
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1 operation, shall not be in violation of subsection (a) of
2 this Section.
3 Any person found guilty of violating this Section shall
4 be guilty of a petty offense. A minimum fine of $50 shall be
5 imposed for a first offense and a minimum fine of $100 for a
6 second or subsequent offense.
7 (c) The radar jamming device or mechanism shall be
8 seized by the law enforcement officer at the time of the
9 violation. This Section shall not be construed to authorize
10 the permanent forfeiture to the State of any radar jamming
11 device or mechanism. Any such device or mechanism shall be
12 taken and held for the period when needed as evidence. When
13 no longer needed for evidence, the defendant may petition the
14 court for the return of the device or mechanism; provided the
15 defendant shall prove to the court by a preponderance of the
16 evidence that the device or mechanism will be used only for a
17 legitimate and lawful purpose.
18 (d) No commercial motor vehicle, or driver of such
19 vehicle, shall be stopped or searched by any law enforcement
20 officer solely on the basis of a violation or suspected
21 violation of this Section.
22 (Source: P.A. 87-1202; 88-45.)
23 (625 ILCS 5/12-902) (from Ch. 95 1/2, par. 12-902)
24 Sec. 12-902. Rules and regulations. The Department of
25 Transportation may promulgate rules and regulations to more
26 completely specify the equipment requirements for every motor
27 vehicle defined as a religious organization bus under Section
28 1-111.1a 1-171.01.
29 (Source: P.A. 79-798.)
30 (625 ILCS 5/13B-5)
31 Sec. 13B-5. Definitions. For the purposes of this
32 Chapter:
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1 "Affected counties" means Cook County; DuPage County;
2 Lake County; those parts of Kane County that are not included
3 within any of the following ZIP code areas, as designated by
4 the U.S. Postal Service on the effective date of this
5 amendatory Act of 1994: 60109, 60119, 60135, 60140, 60142,
6 60144, 60147, 60151, 60152, 60178, 60182, 60511, 60520,
7 60545, and 60554; those parts of Kendall County that are not
8 included within any of the following ZIP code areas, as
9 designated by the U.S. Postal Service on the effective date
10 of this amendatory Act of 1994: 60447, 60512, 60536, 60537,
11 60541, those parts of 60543 that are not within the census
12 defined urbanized area, 60545, and 60560; those parts of
13 McHenry County that are not included within any of the
14 following ZIP code areas, as designated by the U.S. Postal
15 Service on the effective date of this amendatory Act of 1994:
16 60001, 60033, 60034, 60071, 60072, 60097, 60098, 60142,
17 60152, and 60180; those parts of Will County that are not
18 included within any of the following ZIP code areas, as
19 designated by the U.S. Postal Service on the effective date
20 of this amendatory Act of 1994: 60401, 60407, 60408, 60410,
21 60416, 60418, 60421, 60442, 60447, 60468, 60481, 60935 and
22 60950; those parts of Madison County that are not included
23 within any of the following ZIP code areas, as designated by
24 the U.S. Postal Service on the effective date of this
25 amendatory Act of 1994: 62001, 62012, 62021, 62026, 62046,
26 62058, 62061, 62067, 62074, 62088, 62097, 62249, 62275, and
27 62281; those parts of Monroe County that are not included
28 within any of the following ZIP code areas, as designated by
29 the U.S. Postal Service on the effective date of this
30 amendatory Act of 1994: 62244, 62248, 62256, 62261, 62276,
31 62278, 62279, 62295, and 62298; and those parts of St. Clair
32 County that are not included within any of the following ZIP
33 code areas, as designated by the U.S. Postal Service on the
34 effective date of this amendatory Act of 1994: 62224, 62243,
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1 62248, 62254, 62255, 62257, 62258, 62260, 62264, 62265,
2 62269, 62278, 62282, 62285, 62289, and 62298.
3 "Agency" means the Illinois Environmental Protection
4 Agency.
5 "Board" means the Illinois Pollution Control Board.
6 "Inspection area" means Cook County, DuPage County, Lake
7 County and those portions of Kane, Kendall, Madison, McHenry,
8 Monroe, Will, and St. Clair Counties included in the
9 definition of "affected counties".
10 "Model year" means the year of manufacture of a vehicle
11 based upon the annual production period of the vehicle as
12 designated by the manufacturer and indicated on the title and
13 registration of the vehicle. If the manufacturer does not
14 designate a production period for the vehicle, then "model
15 year" means the calendar year of manufacture.
16 "Owner" means the registered owner of the vehicle, as
17 indicated on the vehicle's registration. In the case of an
18 unregistered vehicle, "owner" has the meaning set forth in
19 Section 1-155 of this Code.
20 "Program" means the vehicle emission inspection program
21 established under this Chapter.
22 "Resident" includes natural persons, foreign and domestic
23 corporations, partnerships, associations, and all other
24 commercial and governmental entities. For the purpose of
25 determining residence, the owner of a vehicle shall be
26 presumed to reside at the address indicated on the vehicle's
27 registration. A governmental entity, including the federal
28 government and its agencies, and any unit of local government
29 or school district, any part of which is located within an
30 affected county, shall be deemed a resident of an affected
31 county for the purpose of any vehicle that is owned by the
32 governmental entity and regularly operated in an affected
33 county.
34 "Registration" of a vehicle means its registration under
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1 Article IV of Chapter 3 of this Code.
2 "Recognized repair technician" means a person
3 professionally engaged in vehicle repair, employed by a going
4 concern whose purpose is vehicle repair, or possessing
5 nationally recognized certification for emission-related
6 diagnosis and repair.
7 (Source: P.A. 88-533.)
8 (625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107)
9 Sec. 15-107. Length of vehicles.
10 (a) Unless otherwise provided for in this Code, no
11 single vehicle, with or without load, other than a
12 semitrailer that is not a housetrailer, shall exceed an
13 overall length of 42 feet.
14 (b) Subject to the provisions of paragraph (f) and
15 unless otherwise provided in this Code, no truck tractor and
16 semitrailer, unladen or with load, except a semitrailer other
17 than a house trailer, shall exceed a length of 55 feet
18 extreme overall dimension, except that the combination when
19 specially designed to transport motor vehicles may have a
20 length of 60 feet extreme overall dimension, subject to those
21 exceptions and special rules otherwise stated in this Code.
22 No other combination of vehicles, unladen or with load, shall
23 exceed a length of 60 feet extreme overall dimension.
24 (c) A truck tractor semitrailer may draw one trailer, or
25 a converter dolly, or a vehicle that is special mobile
26 equipment if the extreme length of the combination does not
27 exceed 60 feet, and a truck in transit may draw 3 trucks in
28 transit coupled together by the triple saddlemount method.
29 Except as otherwise provided, no other combinations of
30 vehicles coupled together shall consist of more than 2
31 vehicles. For the purposes of this paragraph, a tow-dolly
32 that merely serves as substitute wheels for another legally
33 licensed vehicle will be considered part of the vehicle and
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1 not as a separate vehicle.
2 Vehicles in combination, whether being operated
3 intrastate or interstate, shall be operated and towed in
4 compliance with all requirements of Federal Highway
5 Administration, Title 49, C. F. R., Motor Carrier Safety
6 Regulations, pertaining to coupling devices and towing
7 methods and all other equipment safety requirements set forth
8 in the regulations.
9 (d) Notwithstanding any other provisions of this Code,
10 there is no overall length limitation on motor vehicles
11 operating in truck tractor-semitrailer or truck
12 tractor-semitrailer-trailer combinations, except that
13 maxi-cube combinations as defined in this Section, and a
14 combination of vehicles specifically designed to transport
15 motor vehicles or boats, shall not exceed 65 feet overall
16 length, and provided that a stinger steered combination of
17 vehicles specifically designed to transport motor vehicles or
18 boats and a truck in transit transporting 3 trucks coupled
19 together by the triple saddlemount method shall not exceed 75
20 feet overall length, with the length limitations inclusive of
21 front and rear bumpers but exclusive of the overhang of the
22 transported vehicles as provided for in paragraph (i) of this
23 Section, upon the National System of Interstate and Defense
24 Highways or any other highways in the system of State
25 highways that have been designated Class I highways by the
26 Department or any street or highway designated by local
27 authorities or road district commissioners; provided that the
28 length of the semitrailer unit, unladen or with load,
29 operated in a truck tractor-semitrailer combination shall not
30 exceed 53 feet and the distance between the kingpin and the
31 center of the rear axle of a semitrailer longer than 48 feet
32 shall not exceed 45 feet, 6 inches; and provided that the
33 length of any semitrailer or trailer, unladen or with load,
34 operated in a truck tractor-semitrailer-trailer combination
HB0288 Enrolled -81- LRB9000475NTsbB
1 shall not exceed 28 feet 6 inches.
2 The length limitations described in this paragraph (d)
3 shall be exclusive of safety and energy conservation devices,
4 such as rear view mirrors, turn signals, marker lamps, steps
5 and handholds for entry and egress, flexible fender
6 extensions, bumpers, mudflaps and splash and spray
7 suppressant devices, load-induced tire bulge, refrigeration
8 units or air compressors and other devices, that the
9 Department may interpret as necessary for safe and efficient
10 operation; except that no device excluded under this
11 paragraph shall have by its design or use the capability to
12 carry cargo.
13 Vehicles operating under this paragraph (d) shall have
14 access for a distance of one highway mile to or from a Class
15 I highway on any street or highway, unless there is a sign
16 prohibiting the access, or 5 highway miles on a street or
17 highway in the system of State highways, and upon any street
18 or highway designated, without additional fees, by local
19 authorities or road district commissioners, to points of
20 loading and unloading and facilities for food, fuel, repairs
21 and rest. Household goods carriers shall have access to
22 points of loading and unloading.
23 For purposes of this Section, a maxi-cube vehicle shall
24 be defined as a combination of vehicles consisting of a
25 truck-tractor, upon which is mounted a separable cargo
26 carrying semi-trailer, and a trailing unit that is attached
27 by a pintle hook or similar connection, with the separable
28 cargo carrying semi-trailer designed so as to be loaded and
29 unloaded through the trailing unit, except that the entire
30 combination shall not exceed 65 feet in length and that
31 neither the semi-trailer nor the trailing unit in the
32 combination shall by itself exceed 34 feet in length.
33 Section 5-35 of the Illinois Administrative Procedure Act
34 relating to procedures for rulemaking shall not apply to the
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1 designation of highways under this paragraph (d).
2 (e) In addition to the designation of highways under
3 paragraph (d) the Department may designate other streets or
4 highways in the system of State highways as Class II
5 highways. Notwithstanding any other provisions of this Code,
6 effective June 1, 1996 there is no overall length limitation
7 on motor vehicles operating in truck tractor-semitrailer
8 combinations operating upon designated Class II highways,
9 provided the length of the semitrailer unit, unladen or with
10 load, operated in a truck tractor-semitrailer combination
11 shall not exceed 53 feet and the distance between the kingpin
12 and the center of the rear axle of a semitrailer longer than
13 48 feet shall not exceed 45 feet, 6 inches. A truck
14 tractor-semitrailer-trailer combination may be operated
15 provided that the wheelbase between the front axle and rear
16 axle shall not exceed 65 feet and the length of any
17 semitrailer or trailer, unladen or with load, in a
18 combination shall not exceed 28 feet 6 inches. Local
19 authorities and road district commissioners with respect to
20 streets and highways under their jurisdiction, may also by
21 ordinance or resolution allow the length limitations of this
22 paragraph (e).
23 A maxi-cube combination, a truck in transit transporting
24 3 trucks coupled together by the triple saddlemount method,
25 and a combination of vehicles specifically designed to
26 transport motor vehicles or boats may operate on the
27 designated streets or highways provided the overall length
28 shall not exceed 65 feet, and provided that a stinger steered
29 combination of vehicles specifically designed to transport
30 motor vehicles or boats shall not exceed 75 feet overall
31 length, with the length limitations inclusive of front and
32 rear bumpers but exclusive of the overhang of the transported
33 vehicles as provided for in paragraph (i) of this Section.
34 The length limitations described in this paragraph (e)
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1 shall be exclusive of safety and energy conservation devices,
2 such as rear view mirrors, turn signals, marker lamps, steps
3 and handholds for entry and egress, flexible fender
4 extensions, bumpers, mudflaps and splash and spray
5 suppressant devices, load-induced tire bulge, refrigeration
6 units or air compressors and other devices, that the
7 Department may interpret as necessary for safe and efficient
8 operation; except that no device excluded under this
9 paragraph shall have by its design or use the capability to
10 carry cargo.
11 Vehicles operating under this paragraph (e) shall have
12 access for a distance of 5 highway miles on a street or
13 highway in the system of State highways, and upon any street
14 or highway designated by local authorities or road district
15 commissioners, to points of loading and unloading and to
16 facilities for food, fuel, repairs and rest. Household goods
17 carriers shall have access to points of loading and
18 unloading.
19 Section 5-35 of the Illinois Administrative Procedure Act
20 relating to procedures for rulemaking shall not apply to the
21 designation of highways under this paragraph (e).
22 (f) On any street or highway in the system of State
23 highways that has not been designated by the Department under
24 paragraph (d) or (e), the wheelbase between the front axle
25 and the rear axle in a truck tractor-semitrailer combination
26 shall not exceed 55 feet or, effective June 1, 1996, no truck
27 tractor and semitrailer, unladen or with load, except a
28 semitrailer other than a house trailer, shall exceed a length
29 of 65 feet between extreme overall dimensions, the length of
30 the semitrailer, unladen or with load, shall not exceed 53
31 feet and the distance between the kingpin and the center of
32 the rear axle of a semitrailer longer than 48 feet shall not
33 exceed 42 feet, 6 inches. On any street or highway in the
34 State system of highways that has not been designated by the
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1 Department under paragraph (d) or (e), no truck
2 tractor-semitrailer-trailer combination shall exceed a length
3 of 60 feet extreme overall dimension.
4 (g) Length limitations in the preceding subsections of
5 this Section 15-107 shall not apply to vehicles operated in
6 the daytime, except on Saturdays, Sundays or legal holidays,
7 when transporting poles, pipe, machinery or other objects of
8 a structural nature that cannot readily be dismembered, nor
9 to vehicles transporting those objects operated on Saturdays,
10 Sundays or legal holidays or at nighttime by a public utility
11 when required for emergency repair of public service
12 facilities or properties, but in respect to the night
13 operation every vehicle and the load thereon shall be
14 equipped with a sufficient number of clearance lamps on both
15 sides and marker lamps upon the extreme ends of any
16 projecting load to clearly mark the dimensions of the load,
17 provided that the overall length of vehicle and load shall
18 not exceed 100 feet and no object exceeding 80 feet in length
19 shall be transported, except by a public utility when
20 required for emergency repairs, unless a permit has first
21 been obtained as authorized in Section 15-301. A combination
22 of vehicles, including a tow truck and a disabled vehicle or
23 disabled combination of vehicles, that exceeds the length
24 restriction imposed by this Code, may be operated on a public
25 highway in this State upon the following conditions:
26 (1) The towing vehicle must be:
27 a. specifically designed as a tow truck having
28 a gross vehicle weight rating of at least 18,000
29 lbs. and equipped with air brakes;
30 b. equipped with flashing, rotating or
31 oscillating amber lights, visible for a least 500
32 feet in all directions; and
33 c. capable of utilizing the lighting and
34 braking systems of the disabled vehicle or
HB0288 Enrolled -85- LRB9000475NTsbB
1 combination of vehicles.
2 (2) The towing of vehicles on the highways of this
3 State shall not exceed 50 miles from the initial point of
4 wreck or disablement. Any additional movement of the
5 vehicles shall only occur upon issuance of authorization
6 for that movement under the provisions of Section 15-301
7 through 15-319 of this Chapter.
8 The Department may by rule or regulation prescribe
9 additional requirements regarding length limitations for a
10 tow truck towing another vehicle.
11 For the purpose of this subsection, gross vehicle weight
12 rating, or GVWR, shall mean the value specified by the
13 manufacturer as the loaded weight of the tow truck. Legal
14 holidays referred to in this Section shall be specified as
15 the day on which the following traditional holidays are
16 celebrated:
17 New Year's Day;
18 Memorial Day;
19 Independence Day;
20 Labor Day;
21 Thanksgiving Day; and
22 Christmas Day.
23 (h) The load upon any vehicle operated alone, or the
24 load upon the front vehicle of a combination of vehicles,
25 shall not extend more than 3 feet beyond the front wheels of
26 the vehicle or the front bumper of the vehicle if it is
27 equipped with a front bumper.
28 (i) The load upon the front vehicle of a combination of
29 vehicles specifically designed to transport motor vehicles
30 shall not extend more than 3 feet beyond the foremost part of
31 the transporting vehicle and the load upon the rear
32 transporting vehicle shall not extend more than 4 feet beyond
33 the rear of the bed or body of the vehicle. This paragraph
34 shall only be applicable upon highways designated in
HB0288 Enrolled -86- LRB9000475NTsbB
1 paragraphs (d) and (e) of this Section.
2 (j) Articulated vehicles comprised of 2 sections,
3 neither of which exceeds a length of 42 feet, designed for
4 the carrying of more than 10 persons, may be up to 60 feet in
5 length, not including energy absorbing bumpers, provided that
6 the vehicles are:
7 1. operated by or for any public body or motor
8 carrier authorized by law to provide public
9 transportation services; or
10 2. operated in local public transportation service
11 by any other person and the municipality in which the
12 service is to be provided approved the operation of the
13 vehicle.
14 (j-1) Charter or regulated route buses may be up to 45
15 feet in length, not including energy absorbing bumpers.
16 (k) Any person who is convicted of violating this
17 Section is subject to the penalty as provided in paragraph
18 (b) of Section 15-113.
19 (l) A combination of 3 vehicles not to exceed 60 feet
20 overall length may be operated on the highways of the State,
21 provided that the vehicles meet the following requirements:
22 (1) The towing vehicle is a properly registered
23 vehicle capable of towing another vehicle using a
24 fifth-wheel type assembly.
25 (2) The second vehicle in the combination of
26 vehicles shall be a recreational vehicle that is towed by
27 a fifth-wheel assembly. This vehicle shall be properly
28 registered and be equipped with brakes regardless of
29 weight.
30 (3) The third vehicle shall be the lightest of the
31 3 vehicles and be a trailer or semi-trailer designed or
32 used for transporting a boat, all-terrain vehicle,
33 personal watercraft, or motorcycle.
34 (4) The towed vehicles may only be for the use of
HB0288 Enrolled -87- LRB9000475NTsbB
1 the operator of the towing vehicle.
2 (5) All vehicles shall be properly equipped with
3 operating brakes and safety equipment required by this
4 Code, except the additional brake requirement in
5 paragraph (2) above.
6 (Source: P.A. 88-45; 88-384; 88-670, eff. 12-2-94; 89-219,
7 eff. 1-1-96; 89-434, eff. 6-1-96; 89-626, eff. 8-9-96.)
8 (625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
9 Sec. 15-111. Wheel and axle loads and gross weights.
10 (a) No vehicle or combination of vehicles equipped with
11 pneumatic tires shall be operated, unladen or with load, upon
12 the highways of this State when the gross weight on the road
13 surface through any single axle thereof exceeds 18,000
14 pounds, except when a different limit is established and
15 posted in accordance with Section 15-316 and except any
16 single axle of a 2 axle motor vehicle weighing 36,000 pounds
17 or less and not a part of a combination of vehicles, shall
18 not exceed 20,000 pounds. Provided, however, that any single
19 axle of a 2 axle motor vehicle equipped with a personnel lift
20 or digger derrick, weighing 36,000 pounds or less, owned and
21 operated by a public utility, shall not exceed 20,000 pounds.
22 No vehicle or combination of vehicles equipped with other
23 than pneumatic tires shall be operated, unladen or with load,
24 upon the highways of this State when the gross weight on the
25 road surface through any wheel thereof exceeds 800 pounds per
26 inch width of tire tread or when the gross weight on the road
27 surface through any axle thereof exceeds 16,000 pounds. An
28 axle load shall be defined as the total load transmitted to
29 the road by all wheels whose centers may be included between
30 2 parallel transverse vertical planes 40 inches apart
31 extending across the full width of the vehicle.
32 Any 2 or more single axles whose centers are more than 40
33 inches and not more than 96 inches apart, measured to the
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1 nearest inch between extreme axles in the series, shall be
2 defined as tandem axles, and The gross weight transmitted to
3 the road surface through tandem axles the series shall not
4 exceed 32,000 pounds and no axle of the series shall exceed
5 the maximum weight permitted under this Section for a single
6 axle. Provided that on a 4 axle vehicle or on a 5 or more
7 axle combination of vehicles the weight on a series of 3
8 axles whose centers are more than 96 inches apart, measured
9 between extreme axles in the series, shall not exceed those
10 allowed on 3 axles in the table contained in subsection (f)
11 of this Section and no axle or tandem axle of the series
12 shall exceed the maximum weight permitted under this Section
13 for a single or tandem axle. Provided also that a 3 axle
14 vehicle or 3 axle truck mixer registered as a Special Hauling
15 Vehicle, used exclusively for the mixing and transportation
16 of concrete, specially equipped with a road surface engaging
17 mixer trailing 4th axle, manufactured prior to or in the
18 model year of 2004 and first registered in Illinois prior to
19 January 1, 2005, with a distance greater than 72 inches but
20 not more than 96 inches between any series of 2 axles may
21 transmit to the road surface a maximum weight of 18,000
22 pounds on each of these axles with a gross weight on these 2
23 axles not to exceed 36,000 pounds. Any such vehicle
24 manufactured in the model year of 2004 or thereafter or first
25 registered in Illinois after December 31, 2004 may transmit
26 to the road surface a maximum of 32,000 pounds through these
27 2 axles and none of the axles shall exceed 18,000 pounds.
28 A truck, not in combination and specially equipped with a
29 selfcompactor, or an industrial roll-off hoist and roll-off
30 container, used exclusively for garbage or refuse operations,
31 and a truck used exclusively for the collection of rendering
32 materials may, however, when laden, transmit upon the road
33 surface of any highway except when part of the National
34 System of Interstate and Defense Highways, a gross weight
HB0288 Enrolled -89- LRB9000475NTsbB
1 upon a single axle not more than 22,000 pounds, and upon a
2 tandem axle not more than 40,000 pounds. When unladen,
3 however, those trucks shall comply with the axle limitations
4 applicable to all other trucks.
5 A 2 axle truck specially equipped with a front loading
6 compactor used exclusively for garbage, refuse, or recycling
7 may transmit 20,000 pounds per axle provided that the gross
8 weight of the vehicle does not exceed 40,000 pounds.
9 (b) The gross weight of vehicles and combination of
10 vehicles including the weight of the vehicle or combination
11 and its maximum load shall be subject to the foregoing
12 limitations and further shall not exceed the following gross
13 weights dependent upon the number of axles and distance
14 between extreme axles of the vehicle or combination measured
15 longitudinally to the nearest foot.
16 VEHICLES HAVING 2 AXLES ....................... 36,000 pounds
17 VEHICLES OR COMBINATIONS
18 HAVING 3 AXLES
19 With Tandem With or
20 Axles Without
21 Tandem Axles
22 Minimum Minimum
23 distance to Maximum distance to Maximum
24 nearest foot Gross nearest foot Gross
25 between Weight between Weight
26 extreme axles (pounds) extreme axles (pounds)
27 10 feet 41,000 16 feet 46,000
28 11 42,000 17 47,000
29 12 43,000 18 47,500
30 13 44,000 19 48,000
31 14 44,500 20 49,000
32 15 45,000 21 feet or more 50,000
33 VEHICLES OR COMBINATIONS
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1 HAVING 4 AXLES
2 Minimum Minimum
3 distance to Maximum distance to Maximum
4 nearest foot Gross nearest foot Gross
5 between Weight between Weight
6 extreme axles (pounds) extreme axles (pounds)
7 15 feet 50,000 26 feet 57,500
8 16 50,500 27 58,000
9 17 51,500 28 58,500
10 18 52,000 29 59,500
11 19 52,500 30 60,000
12 20 53,500 31 60,500
13 21 54,000 32 61,500
14 22 54,500 33 62,000
15 23 55,500 34 62,500
16 24 56,000 35 63,500
17 25 56,500 36 feet or more 64,000
18 In applying the above table to a vehicle having more than
19 4 axles that is not in combination, only 4 axles shall be
20 considered in determining the maximum gross weights.
21 COMBINATIONS HAVING 5 OR MORE AXLES
22 Minimum distance to Maximum
23 nearest foot between Gross Weight
24 extreme axles (pounds)
25 42 feet or less 72,000
26 43 73,000
27 44 feet or more 73,280
28 VEHICLES OPERATING ON CRAWLER TYPE TRACKS ..... 40,000 pounds
29 TRUCKS EQUIPPED WITH SELFCOMPACTORS
30 OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE
31 OR REFUSE HAULS ONLY AND TRUCKS USED FOR
32 THE COLLECTION OF RENDERING MATERIALS
33 On Highway Not Part of National System
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1 of Interstate and Defense Highways
2 with 2 axles 36,000 pounds
3 with 3 axles 54,000 pounds
4 TWO AXLE TRUCKS EQUIPPED WITH
5 A FRONT LOADING COMPACTOR USED EXCLUSIVELY
6 FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
7 with 2 axles 40,000 pounds
8 (c) Cities having a population of more than 50,000 may
9 permit by ordinance axle loads on 2 axle motor vehicles 33
10 1/2% above those provided for herein, but the increase shall
11 not become effective until the city has officially notified
12 the Department of the passage of the ordinance and shall not
13 apply to those vehicles when outside of the limits of the
14 city, nor shall the gross weight of any 2 axle motor vehicle
15 operating over any street of the city exceed 40,000 pounds.
16 (d) Weight limitations shall not apply to vehicles
17 (including loads) operated by a public utility when
18 transporting equipment required for emergency repair of
19 public utility facilities or properties or water wells.
20 A combination of vehicles, including a tow truck and a
21 disabled vehicle or disabled combination of vehicles, that
22 exceeds the weight restriction imposed by this Code, may be
23 operated on a public highway in this State provided that
24 neither the disabled vehicle nor any vehicle being towed nor
25 the tow truck itself shall exceed the weight limitations
26 permitted under this Chapter. During the towing operation,
27 neither the tow truck nor the vehicle combination shall
28 exceed the following axle weight limitations:
29 A. 24,000 pounds - Single rear axle;
30 B. 44,000 pounds - Tandem rear axle;
31 Gross weight limits shall not apply to the combination of
32 the tow truck and vehicles being towed. The tow truck
33 license plate must cover the operating empty weight of the
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1 tow truck only. The weight of each vehicle being towed shall
2 be covered by a valid license plate issued to the owner or
3 operator of the vehicle being towed and displayed on that
4 vehicle. If no valid plate issued to the owner or operator of
5 that vehicle is displayed on that vehicle, or the plate
6 displayed on that vehicle does not cover the weight of the
7 vehicle, the weight of the vehicle shall be covered by the
8 third tow truck plate issued to the owner or operator of the
9 tow truck and temporarily affixed to the vehicle being towed.
10 In addition, the following conditions must be met:
11 (1) the towing vehicle must be:
12 a. specifically designed as a tow truck having
13 a gross vehicle weight rating of at least 18,000
14 lbs. and equipped with air brakes provided that air
15 brakes shall be required only if the towing vehicle
16 is towing a vehicle, semitrailer, or tractor-trailer
17 combination that is equipped with airbrakes;
18 b. equipped with flashing, rotating or
19 oscillating amber lights, visible for at least 500
20 feet in all directions; and
21 c. capable of utilizing the lighting and
22 braking systems of the disabled vehicle or
23 combination of vehicles.
24 (2) The towing of the vehicles on the highways of
25 this State shall not exceed 15 miles from the initial
26 point of wreck or disablement. Any additional movement of
27 the vehicles shall only occur upon issuance of
28 authorization for that movement under the provisions of
29 Sections 15-301 through 15-319 of this Chapter.
30 The Department may by rule or regulation prescribe
31 additional requirements. However, nothing in this Code shall
32 prohibit a tow truck under instructions of a police officer
33 from legally clearing a disabled vehicle, that may be in
34 violation of weight limitations of this Chapter, from the
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1 roadway to the berm or shoulder of the highway.
2 For the purpose of this subsection, gross vehicle weight
3 rating, or GVWR, shall mean the value specified by the
4 manufacturer as the loaded weight of the tow truck.
5 (e) No vehicle or combination of vehicles equipped with
6 pneumatic tires shall be operated, unladen or with load, upon
7 the highways of this State in violation of the provisions of
8 any permit issued under the provisions of Sections 15-301
9 through 15-319 of this Chapter.
10 (f) Notwithstanding any other provision in this Code,
11 except for those provisions of subsection (d) of this Section
12 relating to emergency operations of public utilities and tow
13 trucks while actually engaged in the towing of a disabled
14 vehicle, and those vehicles for which the Department issues
15 overweight permits under authority of Section 15-301 of this
16 Code, the weight limitations contained in this subsection
17 shall apply to the National System of Interstate and Defense
18 Highways and other highways in the system of State highways
19 that have been designated by the Department as Class I, II,
20 or III. No vehicle shall be operated on the highways with a
21 weight in excess of 20,000 pounds carried on any one axle or
22 with a tandem axle weight in excess of 34,000 pounds, or a
23 gross weight in excess of 80,000 pounds for vehicle
24 combinations of 5 axles or more, or a gross weight on a group
25 of 2 or more consecutive axles in excess of that weight
26 produced by the application of the following formula:
27 W = 500 times the sum of (LN divided by N-1) + 12N + 36
28 Where "W" equals overall gross weight on any group of 2 or
29 more consecutive axles to the nearest 500 pounds; "L" equals
30 the distance measured to the nearest foot between extremes of
31 any group of 2 or more consecutive axles; and "N" equals the
32 number of axles in the group under consideration, except that
33 2 consecutive sets of tandem axles may carry a gross load of
34 34,000 pounds each, provided the overall distance between the
HB0288 Enrolled -94- LRB9000475NTsbB
1 first and last axles of the consecutive sets of tandem axles
2 is 36 feet or more. Provided also that a 3-axle vehicle
3 registered as a Special Hauling Vehicle manufactured prior to
4 or in the model year of 2004, and first registered in
5 Illinois prior to January 1, 2005, with a distance greater
6 than 72 inches but not more than 96 inches between the 2 rear
7 axles may transmit to the road surface a maximum weight of
8 18,000 pounds on each of the 2 rear axles with a gross weight
9 on these 2 axles not to exceed 36,000 pounds. Any vehicle
10 registered as a Special Hauling Vehicle manufactured prior to
11 or in the model year of 2004 or thereafter or first
12 registered in Illinois after December 31, 2004, may transmit
13 to the road surface a maximum of 34,000 pounds through the 2
14 rear axles and neither of the rear axles shall exceed 20,000
15 pounds. For purposes of this subsection, tandem axles shall
16 be defined as any 2 or more single axles whose centers are
17 more than 40 inches and not more than 96 inches apart,
18 measured to the nearest inch between extreme axles in the
19 series.
20 The above formula when expressed in tabular form results
21 in allowable loads as follows:
22 Distance measured
23 to the nearest
24 foot between the
25 extremes of any Maximum load in pounds
26 group of 2 or carried on any group of
27 more consecutive 2 or more consecutive axles
28 axles
29 feet 2 axles 3 axles 4 axles 5 axles 6 axles
30 4 34,000
31 5 34,000
32 6 34,000
33 7 34,000
34 8 38,000* 42,000
HB0288 Enrolled -95- LRB9000475NTsbB
1 9 39,000 42,500
2 10 40,000 43,500
3 11 44,000
4 12 45,000 50,000
5 13 45,500 50,500
6 14 46,500 51,500
7 15 47,000 52,000
8 16 48,000 52,500 58,000
9 17 48,500 53,500 58,500
10 18 49,500 54,000 59,000
11 19 50,000 54,500 60,000
12 20 51,000 55,500 60,500 66,000
13 21 51,500 56,000 61,000 66,500
14 22 52,500 56,500 61,500 67,000
15 23 53,000 57,500 62,500 68,000
16 24 54,000 58,000 63,000 68,500
17 25 54,500 58,500 63,500 69,000
18 26 55,500 59,500 64,000 69,500
19 27 56,000 60,000 65,000 70,000
20 28 57,000 60,500 65,500 71,000
21 29 57,500 61,500 66,000 71,500
22 30 58,500 62,000 66,500 72,000
23 31 59,000 62,500 67,500 72,500
24 32 60,000 63,500 68,000 73,000
25 33 64,000 68,500 74,000
26 34 64,500 69,000 74,500
27 35 65,500 70,000 75,000
28 36 66,000 70,500 75,500
29 37 66,500 71,000 76,000
30 38 67,500 72,000 77,000
31 39 68,000 72,500 77,500
32 40 68,500 73,000 78,000
33 41 69,500 73,500 78,500
34 42 70,000 74,000 79,000
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1 43 70,500 75,000 80,000
2 44 71,500 75,500
3 45 72,000 76,000
4 46 72,500 76,500
5 47 73,500 77,500
6 48 74,000 78,000
7 49 74,500 78,500
8 50 75,500 79,000
9 51 76,000 80,000
10 52 76,500
11 53 77,500
12 54 78,000
13 55 78,500
14 56 79,500
15 57 80,000
16 *If the distance between 2 axles is 96 inches or less, the 2
17 axles are tandem axles and the maximum load permitted is
18 34,000 pounds, notwithstanding the higher limit resulting
19 from the application of the formula.
20 In applying the above formula to a vehicle having more
21 than 4 axles that is not a combination, only 4 axles shall be
22 considered in determining the maximum gross weight, and for a
23 combination of vehicles having more than 6 axles, only 6
24 axles shall be considered in determining the maximum gross
25 weight.
26 Notwithstanding the above table, 2 consecutive sets of
27 tandem axles may carry a gross weight of 34,000 pounds each
28 if the overall distance between the first and last axles of
29 the consecutive sets of tandem axles is 36 feet or more.
30 Local authorities and road district highway
31 commissioners, with respect to streets and highways under
32 their jurisdiction, without additional fees, may also by
33 ordinance or resolution allow the weight limitations of this
34 subsection, provided the maximum gross weight on any one axle
HB0288 Enrolled -97- LRB9000475NTsbB
1 shall not exceed 20,000 pounds and the maximum gross weight
2 on any tandem axle shall not exceed 34,000 pounds, on
3 designated highways when appropriate regulatory signs giving
4 notice are erected upon the street or highway or portion of
5 any street or highway affected by the ordinance or
6 resolution.
7 Combinations of vehicles, registered as Special Hauling
8 Vehicles that include a semitrailer manufactured prior to or
9 in the model year of 2004, and first registered in Illinois
10 prior to January 1, 2005, having 5 axles with a distance of
11 42 feet or less between extreme axles shall be limited to the
12 weights prescribed in subsections (a) and (b) of this Section
13 and not subject to the bridge formula on the National System
14 of Interstate and Defense Highways and other highways in the
15 system of State highways designated by the Department. For
16 all those combinations of vehicles, that include a
17 semitrailer manufactured after the effective date of this
18 amendatory Act of 1986, the overall distance between the
19 first and last axles of the 2 sets of tandems must be 18 feet
20 6 inches or more. All combinations of vehicles registered as
21 Special Hauling Vehicles that include a semitrailer
22 manufactured prior to or in the model year of 2004 or
23 thereafter or first registered in Illinois after December 31,
24 2004, or that has had its cargo container replaced in its
25 entirety after December 31, 2004, are limited to the gross
26 weight allowed by the above formula.
27 A truck not in combination, equipped with a self
28 compactor or an industrial roll-off hoist and roll-off
29 container, used exclusively for garbage or refuse operations,
30 shall be allowed the weights as prescribed in subsections (a)
31 and (b) of this Section and not subject to the bridge
32 formula, provided they are not operated on a highway that is
33 part of the Interstate and Defense Highway System.
34 Vehicles operating under this subsection shall have
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1 access for a distance of one highway mile to or from a Class
2 I highway on any street or highway, unless there is a sign
3 prohibiting the access, or 5 highway miles to or from either
4 a Class I, II, or III highway on a street or highway included
5 in the system of State highways and upon any street or
6 highway designated by local authorities or road district
7 commissioners to points of loading and unloading and to
8 facilities for food, fuel, repairs and rest.
9 Section 5-35 of the Illinois Administrative Procedure Act
10 relating to procedures for rulemaking shall not apply to the
11 designation of highways under this subsection.
12 (g) No person shall operate a vehicle or combination of
13 vehicles over a bridge or other elevated structure
14 constituting part of a highway with a gross weight that is
15 greater than the maximum weight permitted by the Department,
16 when the structure is sign posted as provided in this
17 Section.
18 (h) The Department upon request from any local authority
19 shall, or upon its own initiative may, conduct an
20 investigation of any bridge or other elevated structure
21 constituting a part of a highway, and if it finds that the
22 structure cannot with safety to itself withstand the weight
23 of vehicles otherwise permissible under this Code the
24 Department shall determine and declare the maximum weight of
25 vehicles that the structures can withstand, and shall cause
26 or permit suitable signs stating maximum weight to be erected
27 and maintained before each end of the structure. No person
28 shall operate a vehicle or combination of vehicles over any
29 structure with a gross weight that is greater than the posted
30 maximum weight.
31 (i) Upon the trial of any person charged with a
32 violation of subsections (g) or (h) of this Section, proof of
33 the determination of the maximum allowable weight by the
34 Department and the existence of the signs, constitutes
HB0288 Enrolled -99- LRB9000475NTsbB
1 conclusive evidence of the maximum weight that can be
2 maintained with safety to the bridge or structure.
3 (Source: P.A. 88-45; 88-385; 88-403; 88-476; 88-670, eff.
4 12-2-94; 89-117, eff. 7-7-95; 89-433, eff. 12-15-95.)
5 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
6 Sec. 15-301. Permits for excess size and weight.
7 (a) The Department with respect to highways under its
8 jurisdiction and local authorities with respect to highways
9 under their jurisdiction may, in their discretion, upon
10 application and good cause being shown therefor, issue a
11 special permit authorizing the applicant to operate or move a
12 vehicle or combination of vehicles of a size or weight of
13 vehicle or load exceeding the maximum specified in this Act
14 or otherwise not in conformity with this Act upon any highway
15 under the jurisdiction of the party granting such permit and
16 for the maintenance of which the party is responsible.
17 Applications and permits other than those in written or
18 printed form may only be accepted from and issued to the
19 company or individual making the movement. Except for an
20 application to move directly across a highway, it shall be
21 the duty of the applicant to establish in the application
22 that the load to be moved by such vehicle or combination is
23 composed of a single nondivisible object that cannot
24 reasonably be dismantled or disassembled. More than one
25 object may be carried under permit as long as the carriage of
26 the additional object or objects does not cause the size or
27 weight of the vehicle or load to exceed beyond that required
28 for carriage of the single, nondivisible indivisible object
29 itself. For the purpose of over length movements, more than
30 one object may be carried side by side as long as the height,
31 width, and weight laws are not exceeded and the cause for the
32 over length is not due to multiple objects. For the purpose
33 of over height movements, more than one object may be carried
HB0288 Enrolled -100- LRB9000475NTsbB
1 as long as the cause for the over height is not due to
2 multiple objects and the length, width, and weight laws are
3 not exceeded. For the purpose of an over width movement,
4 more than one object may be carried as long as the cause for
5 the over width is not due to multiple objects and length,
6 height, and weight laws are not exceeded. No state or local
7 agency shall authorize the issuance of excess size or weight
8 permits for vehicles and loads that are divisible and that
9 can be carried, when divided, within the existing size or
10 weight maximums specified in this Chapter. Any excess size
11 or weight permit issued in violation of the provisions of
12 this Section shall be void at issue and any movement made
13 thereunder shall not be authorized under the terms of the
14 void permit. In any prosecution for a violation of this
15 Chapter when the authorization of an excess size or weight
16 permit is at issue, it is the burden of the defendant to
17 establish that the permit was valid because the load to be
18 moved could not reasonably be dismantled or disassembled, or
19 was otherwise nondivisible indivisible.
20 (b) The application for any such permit shall: (1) state
21 whether such permit is requested for a single trip or for
22 limited continuous operation; (2) state if the applicant is
23 an authorized carrier under the Illinois Motor Carrier of
24 Property Law, if so, his certificate, registration or permit
25 number issued by the Illinois Commerce Commission; (3)
26 specifically describe and identify the vehicle or vehicles
27 and load to be operated or moved except that for vehicles or
28 vehicle combinations registered by the Department as provided
29 in Section 15-319 of this Chapter, only the Illinois
30 Department of Transportation's (IDT) registration number or
31 classification need be given; (4) state the routing requested
32 including the points of origin and destination, and may
33 identify and include a request for routing to the nearest
34 certified scale in accordance with the Department's rules and
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1 regulations, provided the applicant has approval to travel on
2 local roads; and (5) state if the vehicles or loads are being
3 transported for hire. No permits for the movement of a
4 vehicle or load for hire shall be issued to any applicant who
5 is required under the Illinois Motor Carrier of Property Law
6 to have a certificate, registration or permit and does not
7 have such certificate, registration or permit.
8 (c) The Department or local authority when not
9 inconsistent with traffic safety is authorized to issue or
10 withhold such permit at its discretion; or, if such permit is
11 issued at its discretion to prescribe the route or routes to
12 be traveled, to limit the number of trips, to establish
13 seasonal or other time limitations within which the vehicles
14 described may be operated on the highways indicated, or
15 otherwise to limit or prescribe conditions of operations of
16 such vehicle or vehicles, when necessary to assure against
17 undue damage to the road foundations, surfaces or structures,
18 and may require such undertaking or other security as may be
19 deemed necessary to compensate for any injury to any roadway
20 or road structure. The Department shall maintain a daily
21 record of each permit issued along with the fee and the
22 stipulated dimensions, weights, conditions and restrictions
23 authorized and this record shall be presumed correct in any
24 case of questions or dispute. The Department shall install an
25 automatic device for recording applications received and
26 permits issued by telephone. In making application by
27 telephone, the Department and applicant waive all objections
28 to the recording of the conversation.
29 (d) The Department shall, upon application in writing
30 from any local authority, issue a semi-annual permit
31 authorizing the local authority to move oversize highway
32 construction, transportation, utility and maintenance
33 equipment over roads under the jurisdiction of the
34 Department. The permit shall be applicable only to equipment
HB0288 Enrolled -102- LRB9000475NTsbB
1 and vehicles owned by or registered in the name of the local
2 authority, and no fee shall be charged for the issuance of
3 such permits.
4 (e) As an exception to paragraph (a) of this Section,
5 the Department and local authorities, with respect to
6 highways under their respective jurisdictions, in their
7 discretion and upon application in writing may issue a
8 special permit for limited continuous operation, authorizing
9 the applicant to move loads of sweet corn, soybeans, corn,
10 wheat, milo, other small grains and ensilage during the
11 harvest season only on a 2 axle single vehicle registered by
12 the Secretary of State with axle loads not to exceed 35%
13 above those provided in Section 15-111. Permits may be issued
14 for a period not to exceed 40 days and moves may be made of a
15 distance not to exceed 25 miles from a field to a specified
16 processing plant over any highway except the National System
17 of Interstate and Defense Highways. All such vehicles shall
18 be operated in the daytime except when weather or crop
19 conditions require emergency operation at night, but with
20 respect to such night operation, every such vehicle with load
21 shall be equipped with flashing amber lights as specified
22 under Section 12-215. Upon a declaration by the Governor that
23 an emergency harvest situation exists, a special permit
24 issued by the Department under this Section shall not be
25 required from September 1 through December 31 during harvest
26 season emergencies, provided that the weight does not exceed
27 20% above the limits provided in Section 15-111. All other
28 restrictions that apply to permits issued under this Section
29 shall apply during the declared time period. With respect to
30 highways under the jurisdiction of local authorities, the
31 local authorities may, at their discretion, waive special
32 permit requirements during harvest season emergencies. This
33 permit exemption shall apply to all vehicles eligible to
34 obtain permits under this Section, including commercial
HB0288 Enrolled -103- LRB9000475NTsbB
1 vehicles in use during the declared time period.
2 (f) The form and content of the permit shall be
3 determined by the Department with respect to highways under
4 its jurisdiction and by local authorities with respect to
5 highways under their jurisdiction. Every permit shall be in
6 written form and carried in the vehicle or combination of
7 vehicles to which it refers and shall be open to inspection
8 by any police officer or authorized agent of any authority
9 granting the permit and no person shall violate any of the
10 terms or conditions of such special permit. Violation of the
11 terms and conditions of the permit shall not be deemed a
12 revocation of the permit; however, any vehicle and load found
13 to be off the route prescribed in the permit shall be held to
14 be operating without a permit. Any off route vehicle and
15 load shall be required to obtain a new permit or permits, as
16 necessary, to authorize the movement back onto the original
17 permit routing. No rule or regulation, nor anything herein
18 shall be construed to authorize any police officer, court, or
19 authorized agent of any authority granting the permit to
20 remove the permit from the possession of the permittee unless
21 the permittee is charged with a fraudulent permit violation
22 as provided in paragraph (i). However, upon arrest for an
23 offense of violation of permit, operating without a permit
24 when the vehicle is off route, or any size or weight offense
25 under this Chapter when the permittee plans to raise the
26 issuance of the permit as a defense, the permittee, or his
27 agent, must produce the permit at any court hearing
28 concerning the alleged offense.
29 If the permit designates and includes a routing to a
30 certified scale, the permitee, while enroute to the
31 designated scale, shall be deemed in compliance with the
32 weight provisions of the permit provided the axle or gross
33 weights do not exceed any of the permitted limits by more
34 than the following amounts:
HB0288 Enrolled -104- LRB9000475NTsbB
1 Single axle 2000 pounds
2 Tandem axle 3000 pounds
3 Gross 5000 pounds
4 (g) The Department is authorized to adopt, amend, and to
5 make available to interested persons a policy concerning
6 reasonable rules, limitations and conditions or provisions of
7 operation upon highways under its jurisdiction in addition to
8 those contained in this Section for the movement by special
9 permit of vehicles, combinations, or loads which cannot
10 reasonably be dismantled or disassembled, including
11 manufactured and modular home sections and portions thereof.
12 All rules, limitations and conditions or provisions adopted
13 in the policy shall have due regard for the safety of the
14 traveling public and the protection of the highway system and
15 shall have been promulgated in conformity with the provisions
16 of the Illinois Administrative Procedure Act. The
17 requirements of the policy for flagmen and escort vehicles
18 shall be the same for all moves of comparable size and
19 weight. When escort vehicles are required, they shall meet
20 the following requirements:
21 (1) All operators shall be 18 years of age or over
22 and properly licensed to operate the vehicle.
23 (2) Vehicles escorting oversized loads more than
24 12-feet wide must be equipped with a rotating or flashing
25 amber light mounted on top as specified under Section
26 12-215.
27 The Department shall establish reasonable rules and
28 regulations regarding liability insurance or self insurance
29 for vehicles with oversized loads promulgated under The
30 Illinois Administrative Procedure Act. Police vehicles may be
31 required for escort under circumstances as required by rules
32 and regulations of the Department.
33 (h) Violation of any rule, limitation or condition or
34 provision of any permit issued in accordance with the
HB0288 Enrolled -105- LRB9000475NTsbB
1 provisions of this Section shall not render the entire permit
2 null and void but the violator shall be deemed guilty of
3 violation of permit and guilty of exceeding any size, weight
4 or load limitations in excess of those authorized by the
5 permit. The prescribed route or routes on the permit are not
6 mere rules, limitations, conditions, or provisions of the
7 permit, but are also the sole extent of the authorization
8 granted by the permit. If a vehicle and load are found to be
9 off the route or routes prescribed by any permit authorizing
10 movement, the vehicle and load are operating without a
11 permit. Any off route movement shall be subject to the size
12 and weight maximums, under the applicable provisions of this
13 Chapter, as determined by the type or class highway upon
14 which the vehicle and load are being operated.
15 (i) Whenever any vehicle is operated or movement made
16 under a fraudulent permit the permit shall be void, and the
17 person, firm, or corporation to whom such permit was granted,
18 the driver of such vehicle in addition to the person who
19 issued such permit and any accessory, shall be guilty of
20 fraud and either one or all persons may be prosecuted for
21 such violation. Any person, firm, or corporation committing
22 such violation shall be guilty of a Class 4 felony and the
23 Department shall not issue permits to the person, firm or
24 corporation convicted of such violation for a period of one
25 year after the date of conviction. Penalties for violations
26 of this Section shall be in addition to any penalties imposed
27 for violation of other Sections of this Act.
28 (j) Whenever any vehicle is operated or movement made in
29 violation of a permit issued in accordance with this Section,
30 the person to whom such permit was granted, or the driver of
31 such vehicle, is guilty of such violation and either, but not
32 both, persons may be prosecuted for such violation as stated
33 in this subsection (j). Any person, firm or corporation
34 convicted of such violation shall be guilty of a petty
HB0288 Enrolled -106- LRB9000475NTsbB
1 offense and shall be fined for the first offense, not less
2 than $50 nor more than $200 and, for the second offense by
3 the same person, firm or corporation within a period of one
4 year, not less than $200 nor more than $300 and, for the
5 third offense by the same person, firm or corporation within
6 a period of one year after the date of the first offense, not
7 less than $300 nor more than $500 and the Department shall
8 not issue permits to the person, firm or corporation
9 convicted of a third offense during a period of one year
10 after the date of conviction for such third offense.
11 (k) Whenever any vehicle is operated on local roads
12 under permits for excess width or length issued by local
13 authorities, such vehicle may be moved upon a State highway
14 for a distance not to exceed one-half mile without a permit
15 for the purpose of crossing the State highway.
16 (l) Notwithstanding any other provision of this Section,
17 the Department, with respect to highways under its
18 jurisdiction, and local authorities, with respect to highways
19 under their jurisdiction, may at their discretion authorize
20 the movement of a vehicle in violation of any size or weight
21 requirement, or both, that would not ordinarily be eligible
22 for a permit, when there is a showing of extreme necessity
23 that the vehicle and load should be moved without unnecessary
24 delay.
25 For the purpose of this subsection, showing of extreme
26 necessity shall be limited to the following: shipments of
27 livestock, hazardous materials, liquid concrete being hauled
28 in a mobile cement mixer, or hot asphalt.
29 (m) Penalties for violations of this Section shall be in
30 addition to any penalties imposed for violating any other
31 Section of this Code.
32 (Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.)
33 (625 ILCS 5/18b-101) (from Ch. 95 1/2, par. 18b-101)
HB0288 Enrolled -107- LRB9000475NTsbB
1 Sec. 18b-101. Definitions. Unless the context otherwise
2 clearly requires, as used in this Chapter:
3 (1) "Commerce" means trade, commerce or transportation
4 within the State;
5 (2) "Commercial motor vehicle" means any self propelled
6 or towed vehicle used on public highways in interstate and
7 intrastate commerce to transport passengers or property when
8 the vehicle has a gross vehicle weight rating or gross
9 combination weight rating of 10,001 or more pounds; or the
10 vehicle is designed to transport more than 15 passengers,
11 including the driver; or the vehicle is used in the
12 transportation of hazardous materials in a quantity requiring
13 placarding under the Illinois Hazardous Materials
14 Transportation Act. This definition shall not include farm
15 machinery, fertilizer spreaders, and other special
16 agricultural movement equipment described in Section 3-809
17 nor implements of husbandry as defined in Section 1-130;
18 (3) "Department" means the Illinois Department of
19 Transportation;
20 (4) "Employee" means Illinois Department of
21 Transportation employee;
22 (5) "Farm to market agricultural transportation" means
23 the operation of a motor vehicle controlled and operated by a
24 farmer who is a private motor carrier of property; who is
25 using the vehicle to transport agricultural products to or
26 from a farm operated by the farmer, or to transport farm
27 machinery or farm supplies to or from a farm operated by the
28 farmer; and who is not using the commercial vehicle to
29 transport hazardous materials of a type or quantity that
30 requires the vehicle to be placarded in accordance with the
31 Illinois Hazardous Materials Transportation Act;
32 (6) "Officer" means Illinois State Police Officer;
33 (7) "Person" means any natural person or individual,
34 governmental body, firm, association, partnership,
HB0288 Enrolled -108- LRB9000475NTsbB
1 copartnership, joint venture, company, corporation, joint
2 stock company, trust, estate or any other legal entity or
3 their legal representative, agent or assigns.;
4 (8) "Transportation" means the actual movement of
5 property or passengers by motor vehicle, together with
6 loading, unloading, and any other accessorial or ancillary
7 service provided by the carrier in connection with movement
8 by motor vehicle;
9 (9) "Agricultural movements" means the operation of a
10 motor vehicle or combination of vehicles controlled and
11 operated by a private motor carrier of property that is using
12 the vehicle to transport nonhazardous or hazardous
13 agricultural crop production fertilizers or agricultural
14 chemicals from a local source of supply to farm or field, or
15 from one farm or field to another, or from farm or field back
16 to the local source of supply.
17 (Source: P.A. 86-611; 87-829.)
18 (625 ILCS 5/18b-102) (from Ch. 95 1/2, par. 18b-102)
19 Sec. 18b-102. Authority of Department. To the extent
20 necessary to administer this Chapter, the Department is
21 authorized to:
22 (a) Adopt by reference all or any portion of the Federal
23 Motor Carrier Safety Regulations of the United States
24 Department of Transportation, as they are now or hereafter
25 amended.
26 (b) Conduct investigations; make reports; issue
27 subpoenas; conduct hearings; require the production of
28 relevant documents, records and property; take depositions;
29 and, in conjunction with the Illinois State Police, conduct
30 directly or indirectly research, development, demonstrations
31 and training activities.
32 (c) Authorize any officer or Department employee to
33 enter upon, inspect and examine at reasonable times and in a
HB0288 Enrolled -109- LRB9000475NTsbB
1 reasonable manner, the records and properties of persons to
2 the extent such records and properties relate to the
3 transportation by motor vehicle of persons or property.
4 (d) Conduct a continuing review of all aspects of the
5 transportation of persons and property by motor vehicle in
6 order to determine and recommend appropriate steps to assure
7 safe transportation by motor vehicle in Illinois.
8 (e) Administer and enforce the provisions of this
9 Chapter and any rules and regulations issued under this
10 Chapter. Only the Illinois State Police shall be authorized
11 to stop and inspect any commercial motor vehicle or driver at
12 any time for the purpose of determining compliance with the
13 provisions of this Chapter or rules and regulations issued
14 under this Chapter.
15 (Source: P.A. 86-611; 87-829.)
16 (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
17 Sec. 18b-105. Rules and Regulations.
18 (a) The Department is authorized to make and adopt
19 reasonable rules and regulations and orders consistent with
20 law necessary to carry out the provisions of this Chapter.
21 (b) The following parts of Title 49 of the Code of
22 Federal Regulations, as now in effect, are hereby adopted by
23 reference as though they were set out in full:
24 Part 390-Federal Motor Carrier Safety Regulations:
25 General;
26 Part 391-Qualifications of Drivers;
27 Part 392-Driving of Motor Vehicles;
28 Part 393-Parts and Accessories Necessary for Safe
29 Operation;
30 Part 395-Hours of Service of Drivers; and
31 Part 396-Inspection, Repair and Maintenance.
32 (c) The following parts and Sections of the Federal
33 Motor Carrier Safety Regulations shall not apply to those
HB0288 Enrolled -110- LRB9000475NTsbB
1 intrastate carriers, drivers or vehicles subject to
2 subsection (b).
3 (1) Section 393.93 of Part 393 for those vehicles
4 manufactured before June 30, 1972.
5 (2) Section 393.86 of Part 393 for those vehicles
6 which are registered as farm trucks under subsection (c)
7 of Section 3-815 of The Illinois Vehicle Code.
8 (3) Section 396.11 of Part 396.
9 (4) Paragraphs (b) and (c) of Section 396.13 of
10 Part 396.
11 (5) Paragraph (b)(1) of Section 391.11 of Part 391.
12 (6) All of Part 395 for all agricultural movements
13 as defined in this Chapter 1, between the period of
14 February 15 through June 30 each year, and all farm to
15 market agricultural transportation as defined in this
16 Chapter 1 and for grain hauling operations within a
17 radius of 200 air miles of the normal work reporting
18 location.
19 (7) Paragraphs (b)(3) (insulin dependent diabetic)
20 and (b)(10) (minimum visual acuity) of Section 391.41 of
21 part 391, but only for any driver who immediately prior
22 to July 29, 1986 was eligible and licensed to operate a
23 motor vehicle subject to this Section and was engaged in
24 operating such vehicles, and who was disqualified on July
25 29, 1986 by the adoption of Part 391 by reason of the
26 application of paragraphs (b)(3) and (b)(10) of Section
27 391.41 with respect to a physical condition existing at
28 that time unless such driver has a record of accidents
29 which would indicate a lack of ability to operate a motor
30 vehicle in a safe manner.
31 (d) Intrastate carriers subject to the recording
32 provisions of Section 395.8 of Part 395 of the Federal Motor
33 Carrier Safety Regulations shall be exempt as established
34 under paragraph (1) of Section 395.8; provided, however, for
HB0288 Enrolled -111- LRB9000475NTsbB
1 the purpose of this Code, drivers shall operate within a 150
2 air-mile radius of the normal work reporting location to
3 qualify for exempt status.
4 (e) Regulations adopted by the Department subsequent to
5 those adopted under subsection (b) hereof shall be identical
6 in substance to the Federal Motor Carrier Safety Regulations
7 of the United States Department of Transportation and adopted
8 in accordance with the procedures for rulemaking in Section
9 5-35 of the Illinois Administrative Procedure Act.
10 (Source: P.A. 87-829; 88-45; 88-476.)
11 (625 ILCS 5/18b-111) (from Ch. 95 1/2, par. 18b-111)
12 Sec. 18b-111. Review Under Administrative Review Law.
13 All administrative decisions of the Department under this
14 Chapter shall be subject to judicial review under the
15 Administrative Review Law, as now or hereafter amended. The
16 term "administrative decision" is defined as in Section 3-101
17 of the Code of Civil Procedure.
18 (Source: P.A. 86-611.)
19 (625 ILCS 5/18c-5204) (from Ch. 95 1/2, par. 18c-5204)
20 Sec. 18c-5204. Investigation of Practices of Household
21 Goods Carriers. The Commission may, on its own motion or on
22 complaint, conduct an investigation to determine whether a
23 household goods carrier has, with or without the license
24 required under Sub-chapter 4 of this Chapter, engaged in a
25 pattern or practice of underestimating freight charges for
26 household goods shipments, or has otherwise violated
27 provisions of this Chapter, Commission regulations or orders,
28 and may invoke any or all sanctions provided for in Article
29 VII 7 of Sub-chapter 1 Chapter I of this Chapter against the
30 carrier if such a pattern or practice, or any other
31 violation, is found to have occurred.
32 (Source: P.A. 84-796.)
HB0288 Enrolled -112- LRB9000475NTsbB
1 (625 ILCS 5/1-101.3 rep.)
2 (625 ILCS 5/1-104 rep.)
3 (625 ILCS 5/1-111 rep.)
4 (625 ILCS 5/1-123.1 rep.)
5 (625 ILCS 5/1-143 rep.)
6 (625 ILCS 5/1-144 rep.)
7 (625 ILCS 5/1-175 rep.)
8 (625 ILCS 5/1-213 rep.)
9 (625 ILCS 5/1-218 rep.)
10 (625 ILCS 5/1-219 rep.)
11 (625 ILCS 5/1-221 rep.)
12 (625 ILCS 5/1-223 rep.)
13 (625 ILCS 5/3-900 rep.)
14 (625 ILCS 5/4-100 rep.)
15 (625 ILCS 5/7-302 rep.)
16 (625 ILCS 5/12-100 rep.)
17 (625 ILCS 5/12-500 rep.)
18 (625 ILCS 5/12-600 rep.)
19 (625 ILCS 5/12-800 rep.)
20 (625 ILCS 5/13-100 rep.)
21 (625 ILCS 5/15-100 rep.)
22 Section 20. The Illinois Vehicle Code is amended by
23 repealing Sections 1-101.3, 1-104, 1-111, 1-123.1, 1-143,
24 1-144, 1-175, 1-213, 1-218, 1-219, 1-221, 1-223, 3-900,
25 4-100, 7-302, 12-100, 12-500, 12-600, 12-800, 13-100, and
26 15-100.
HB0288 Enrolled -113- LRB9000475NTsbB
1 INDEX
2 Statutes amended in order of appearance
3 70 ILCS 1205/3-9 from Ch. 105, par. 3-9
4 415 ILCS 105/3 from Ch. 38, par. 86-3
5 625 ILCS 5/1-101.05 new
6 625 ILCS 5/1-101.1a new
7 625 ILCS 5/1-101.5 new
8 625 ILCS 5/1-101.6 new
9 625 ILCS 5/1-101.8, formerly 5/1-102.02
10 from Ch. 95 1/2, par. 1-102.02
11 625 ILCS 5/1-105.3 new
12 625 ILCS 5/1-105.6 new
13 625 ILCS 5/1-106.5 new
14 625 ILCS 5/1-111.1a, formerly 5/1-171.01
15 from Ch. 95 1/2, par. 1-171.01
16 625 ILCS 5/1-111.1b, formerly 5/1-110.1
17 from Ch. 95 1/2, par. 1-110.1
18 625 ILCS 5/1-111.1c, formerly 5/1-110a
19 from Ch. 95 1/2, par. 1-110a
20 625 ILCS 5/1-111.1d new
21 625 ILCS 5/1-111.2a new
22 625 ILCS 5/1-111.4 new
23 625 ILCS 5/1-111.5 new
24 625 ILCS 5/1-111.6 new
25 625 ILCS 5/1-111.7 new
26 625 ILCS 5/1-111.8, formerly 5/1-114
27 from Ch. 95 1/2, par. 1-114
28 625 ILCS 5/1-111.9, formerly 5/1-114.1
29 from Ch. 95 1/2, par. 1-114.1
30 625 ILCS 5/1-112.2 from Ch. 95 1/2, par. 1-112.2
31 625 ILCS 5/1-112.5, formerly 5/1-114.2
32 from Ch. 95 1/2, par. 1-114.2
33 625 ILCS 5/1-112.7 new
34 625 ILCS 5/1-115.05 new
HB0288 Enrolled -114- LRB9000475NTsbB
1 625 ILCS 5/1-115.07 new
2 625 ILCS 5/1-115.3 new
3 625 ILCS 5/1-115.5 new
4 625 ILCS 5/1-115.6 new
5 625 ILCS 5/1-115.8 new
6 625 ILCS 5/1-117.5 new
7 625 ILCS 5/1-119.3 new
8 625 ILCS 5/1-119.6 new
9 625 ILCS 5/1-120.5 new
10 625 ILCS 5/1-122.5, formerly 5/1-124
11 from Ch. 95 1/2, par. 1-124
12 625 ILCS 5/1-122.7 new
13 625 ILCS 5/1-123.3 new
14 625 ILCS 5/1-123.4 new
15 625 ILCS 5/1-123.5 new
16 625 ILCS 5/1-123.7 new
17 625 ILCS 5/1-124.5 new
18 625 ILCS 5/1-125.5 new
19 625 ILCS 5/1-125.7 new
20 625 ILCS 5/1-126.5 new
21 625 ILCS 5/1-133.05 new
22 625 ILCS 5/1-134.05 new
23 625 ILCS 5/1-136.5 new
24 625 ILCS 5/1-140.5 new
25 625 ILCS 1-142.05 new
26 625 ILCS 5/1-142.1a new
27 625 ILCS 5/1-142.1b new
28 625 ILCS 5/1-144.05 new
29 625 ILCS 1-145.001, formerly 5/1-148
30 from Ch. 95 1/2, par. 1-148
31 625 ILCS 5/1-148.3a new
32 625 ILCS 5/1-148.3b, formerly 5/1-148.1
33 from Ch. 95 1/2, par. 1-148.1
34 625 ILCS 5/148.6, formerly 5/1-151
HB0288 Enrolled -115- LRB9000475NTsbB
1 from Ch. 95 1/2, par. 1-151
2 625 ILCS 5/1-148.8 new
3 625 ILCS 5/1-154.5 new
4 625 ILCS 5/1-154.7 new
5 625 ILCS 5/1-155.5 new
6 625 ILCS 5/1-156.5 new
7 625 ILCS 5/1-158.5, formerly 5/1-300
8 from Ch. 95 1/2, par. 1-300
9 625 ILCS 5/1-159.5 new
10 625 ILCS 5/1-159.7 new
11 625 ILCS 5/1-162 from Ch. 95 1/2, par. 1-162
12 625 ILCS 5/1-162.5, formerly 5/1-164
13 from Ch. 95 1/2, par. 1-164
14 625 ILCS 5/1-164.5 new
15 625 ILCS 5/1-164.7 new
16 625 ILCS 5/1-168.05 new
17 625 ILCS 5/1-168.5 new
18 625 ILCS 5/1-169.5 new
19 625 ILCS 5/1-171.01a new
20 625 ILCS 5/1-171.01b new
21 625 ILCS 5/1-171.01c new
22 625 ILCS 5/1-171.3 new
23 625 ILCS 5/1-171.6, formerly 5/1-222
24 from Ch. 95 1/2, par. 1-222
25 625 ILCS 5/1-171.8, formerly 5/1-224
26 from Ch. 95 1/2, par. 1-224
27 625 ILCS 5/1-176.1 from Ch. 95 1/2, par. 1-176.1
28 625 ILCS 5/1-179.5 new
29 625 ILCS 5/1-180.5 new
30 625 ILCS 5/1-182.3 new
31 625 ILCS 5/1-182.6 new
32 625 ILCS 5/1-182.8 new
33 625 ILCS 5/1-183 from Ch. 95 1/2, par. 1-183
34 625 ILCS 5/1-186.5 new
HB0288 Enrolled -116- LRB9000475NTsbB
1 625 ILCS 5/1-187.001 new
2 625 ILCS 5/1-190.05 new
3 625 ILCS 5/1-197.5, formerly 5/1-203.1
4 from Ch. 95 1/2, par. 1-203.1
5 625 ILCS 5/1-202.5 new
6 625 ILCS 5/1-204.05 new
7 625 ILCS 5/1-204.3 new
8 625 ILCS 5/1-204.4 new
9 625 ILCS 5/1-204.6 new
10 625 ILCS 5/1-205.01 from Ch. 95 1/2, par. 1-205.01
11 625 ILCS 5/1-205.1 from Ch. 95 1/2, par. 1-205.1
12 625 ILCS 5/1-209.5 new
13 625 ILCS 5/1-212.5, formerly 5/1-211.1
14 from Ch. 95 1/2, par. 1-211.1
15 625 ILCS 5/1-213.4 new
16 625 ILCS 5/1-213.5 new
17 625 ILCS 5/1-214.8, formerly 5/1-214.1
18 from Ch. 95 1/2, par. 1
19 625 ILCS 5/1-218.5 new
20 625 ILCS 5/2-105 from Ch. 95 1/2, par. 2-105
21 625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
22 625 ILCS 5/3-402 from Ch. 95 1/2, par. 3-402
23 625 ILCS 5/3-402.1 from Ch. 95 1/2, par. 3-402.1
24 625 ILCS 5/3-618 from Ch. 95 1/2, par. 3-618
25 625 ILCS 5/3-804.02 from Ch. 95 1/2, par. 3-804.02
26 625 ILCS 5/3-808 from Ch. 95 1/2, par. 3-808
27 625 ILCS 5/3-1001 from Ch. 95 1/2, par. 3-1001
28 625 ILCS 5/4-103 from Ch. 95 1/2, par. 4-103
29 625 ILCS 5/5-100 from Ch. 95 1/2, par. 5-100
30 625 ILCS 5/5-401.3 from Ch. 95 1/2, par. 5-401.3
31 625 ILCS 5/6-301.2 from Ch. 95 1/2, par. 6-301.2
32 625 ILCS 5/6-500 from Ch. 95 1/2, par. 6-500
33 625 ILCS 5/6-514 from Ch. 95 1/2, par. 6-514
34 625 ILCS 5/6-802 from Ch. 95 1/2, par. 6-802
HB0288 Enrolled -117- LRB9000475NTsbB
1 625 ILCS 5/6-901 from Ch. 95 1/2, par. 6-901
2 625 ILCS 5/7-100 from Ch. 95 1/2, par. 7-100
3 625 ILCS 5/7-102 from Ch. 95 1/2, par. 7-102
4 625 ILCS 5/7-305 from Ch. 95 1/2, par. 7-305
5 625 ILCS 5/7-501 from Ch. 95 1/2, par. 7-501
6 625 ILCS 5/11-100 from Ch. 95 1/2, par. 11-100
7 625 ILCS 5/11-401 from Ch. 95 1/2, par. 11-401
8 625 ILCS 5/11-416 from Ch. 95 1/2, par. 11-416
9 625 ILCS 5/11-1403.3 from Ch. 95 1/2, par. 11-1403.3
10 625 ILCS 5/11-1424 from Ch. 95 1/2, par. 11-1424
11 625 ILCS 5/12-603 from Ch. 95 1/2, par. 12-603
12 625 ILCS 5/12-605.1 from Ch. 95 1/2, par. 12-605.1
13 625 ILCS 5/12-605.2 from Ch. 95 1/2, par. 12-605.2
14 625 ILCS 5/12-607.1 from Ch. 95 1/2, par. 12-607.1
15 625 ILCS 5/12-714
16 625 ILCS 5/12-715
17 625 ILCS 5/12-902 from Ch. 95 1/2, par. 12-902
18 625 ILCS 5/13B-5
19 625 ILCS 5/15-107 from Ch. 95 1/2, par. 15-107
20 625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
21 625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
22 625 ILCS 5/18b-101 from Ch. 95 1/2, par. 18b-101
23 625 ILCS 5/18b-102 from Ch. 95 1/2, par. 18b-102
24 625 ILCS 5/18b-105 from Ch. 95 1/2, par. 18b-105
25 625 ILCS 5/18b-111 from Ch. 95 1/2, par. 18b-111
26 625 ILCS 5/18c-5204 from Ch. 95 1/2, par. 18c-5204
27 625 ILCS 5/1-101.3 rep.
28 625 ILCS 5/1-104 rep.
29 625 ILCS 5/1-111 rep.
30 625 ILCS 5/1-123.1 rep.
31 625 ILCS 5/1-143 rep.
32 625 ILCS 5/1-144 rep.
33 625 ILCS 5/1-175 rep.
34 625 ILCS 5/1-213 rep.
HB0288 Enrolled -118- LRB9000475NTsbB
1 625 ILCS 5/1-218 rep.
2 625 ILCS 5/1-219 rep.
3 625 ILCS 5/1-221 rep.
4 625 ILCS 5/1-223 rep.
5 625 ILCS 5/3-900 rep.
6 625 ILCS 5/4-100 rep.
7 625 ILCS 5/7-302 rep.
8 625 ILCS 5/12-100 rep.
9 625 ILCS 5/12-500 rep.
10 625 ILCS 5/12-600 rep.
11 625 ILCS 5/12-800 rep.
12 625 ILCS 5/13-100 rep.
13 625 ILCS 5/15-100 rep.