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90_HB1218ham001
LRB9004545NTsbam01
1 AMENDMENT TO HOUSE BILL 1218
2 AMENDMENT NO. . Amend House Bill 1218 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 15-316."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 15-316 as follows:
10 (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
11 (Text of Section before amendment by P.A. 89-687)
12 Sec. 15-316. When the Department, local authority or road
13 district highway commissioner may restrict right to use
14 highways.
15 (a) Local authorities and road district highway
16 commissioners with respect to highways under their
17 jurisdiction may by ordinance or resolution prohibit the
18 operation of vehicles upon any such highway or impose
19 restrictions as to the weight of vehicles to be operated upon
20 any such highway, for a total period of not to exceed 90 days
21 in any one calendar year, whenever any said highway by reason
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1 of deterioration, rain, snow, or other climate conditions
2 will be seriously damaged or destroyed unless the use of
3 vehicles thereon is prohibited or the permissible weights
4 thereof reduced.
5 (b) The local authority or road district highway
6 commissioner enacting any such ordinance or resolution shall
7 erect or cause to be erected and maintained signs designating
8 the provision of the ordinance or resolution at each end of
9 that portion of any highway affected thereby, and the
10 ordinance or resolution shall not be effective unless and
11 until such signs are erected and maintained.
12 (c) Local authorities and road district highway
13 commissioners with respect to highways under their
14 jurisdiction may also, by ordinance or resolution, prohibit
15 the operation of trucks or other commercial vehicles, or may
16 impose limitations as the weight thereof, on designated
17 highways, which prohibitions and limitations shall be
18 designated by appropriate signs placed on such highways.
19 (c-1) The weight provisions of subsections (a) and (b)
20 take precedence over the provisions of subsections (d-1) and
21 (d-2).
22 (d) The Department shall likewise have authority as
23 hereinbefore granted to local authorities and road district
24 highway commissioners to determine by resolution and to
25 impose restrictions as to the weight of vehicles operated
26 upon any highway under the jurisdiction of said department,
27 and such restrictions shall be effective when signs giving
28 notice thereof are erected upon the highway or portion of any
29 highway affected by such resolution.
30 (d-1) Motor vehicles and motor vehicles in combination
31 with gross weights not exceeding 73,280 pounds and up to 65
32 feet in overall length and 102 inches in width operating on
33 highways under the control of a county or township road
34 district highway commissioner may have access for a distance
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1 of 5 miles from a State designated highway for the purpose of
2 loading, unloading, services, and home base. No exemption
3 shall be granted authorizing travel on local roads as a
4 thoroughfare between State designated highways.
5 (d-2) Motor vehicles and motor vehicles in combination
6 with gross weights not exceeding 73,280 pounds and up to 65
7 feet in overall length and 102 inches in width operating on
8 highways under the control of municipal authorities may have
9 access for 5 miles from a State designated highway for the
10 purpose of loading and unloading and one mile for food, fuel,
11 repairs, and rest on those municipally controlled highways.
12 No exemption shall be granted authorizing travel on municipal
13 roads as a thoroughfare between State designated highways.
14 (e) When any vehicle is operated in violation of this
15 Section, the owner or driver of the vehicle shall be deemed
16 guilty of a violation and either the owner or the driver of
17 the vehicle may be prosecuted for the violation. Any person,
18 firm, or corporation convicted of violating this Section
19 shall be fined $50 for any weight exceeding the posted limit
20 up to the axle or gross weight limit allowed a vehicle as
21 provided for in subsections (a) or (b) of Section 15-111 and
22 $75 per every 500 pounds or fraction thereof for any weight
23 exceeding that which is provided for in subsections (a) or
24 (b) of Section 15-111.
25 (Source: P.A. 88-384; 89-117, eff. 7-7-95.)
26 (Text of Section after amendment by P.A. 89-687)
27 Sec. 15-316. When the Department, local authority or road
28 district highway commissioner may restrict right to use
29 highways.
30 (a) Local authorities and road district highway
31 commissioners with respect to highways under their
32 jurisdiction may by ordinance or resolution prohibit the
33 operation of vehicles upon any such highway or impose
34 restrictions as to the weight of vehicles to be operated upon
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1 any such highway, for a total period of not to exceed 90 days
2 in any one calendar year, whenever any said highway by reason
3 of deterioration, rain, snow, or other climate conditions
4 will be seriously damaged or destroyed unless the use of
5 vehicles thereon is prohibited or the permissible weights
6 thereof reduced.
7 (b) The local authority or road district highway
8 commissioner enacting any such ordinance or resolution shall
9 erect or cause to be erected and maintained signs designating
10 the provision of the ordinance or resolution at each end of
11 that portion of any highway affected thereby, and the
12 ordinance or resolution shall not be effective unless and
13 until such signs are erected and maintained.
14 (c) Local authorities and road district highway
15 commissioners with respect to highways under their
16 jurisdiction may also, by ordinance or resolution, prohibit
17 the operation of trucks or other commercial vehicles, or may
18 impose limitations as the weight thereof, on designated
19 highways, which prohibitions and limitations shall be
20 designated by appropriate signs placed on such highways.
21 (c-1) The weight provisions of subsections (a), (b), and
22 (c) take precedence over the provisions of subsections (d-1)
23 and (d-2).
24 (d) The Department shall likewise have authority as
25 hereinbefore granted to local authorities and road district
26 highway commissioners to determine by resolution and to
27 impose restrictions as to the weight of vehicles operated
28 upon any highway under the jurisdiction of said department,
29 and such restrictions shall be effective when signs giving
30 notice thereof are erected upon the highway or portion of any
31 highway affected by such resolution.
32 (d-1) Motor vehicles and motor vehicles in combination
33 with gross weights not exceeding 73,280 pounds and up to 65
34 feet in overall length and 102 inches in width operating on
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1 highways under the control of a county or township road
2 district highway commissioner may have access for a distance
3 of 5 miles from a State designated highway for the purpose of
4 loading, unloading, services, and home base. No exemption
5 shall be granted authorizing travel on local roads as a
6 thoroughfare between State designated highways.
7 (d-2) Motor vehicles and motor vehicles in combination
8 with gross weights not exceeding 73,280 pounds and up to 65
9 feet in overall length and 102 inches in width operating on
10 highways under the control of municipal authorities may have
11 access for 5 miles from a State designated highway for the
12 purpose of loading and unloading and one mile for food, fuel,
13 repairs, and rest on those municipally controlled highways.
14 No exemption shall be granted authorizing travel on municipal
15 roads as a thoroughfare between State designated highways.
16 (e) When any vehicle is operated in violation of this
17 Section, the owner or driver of the vehicle shall be deemed
18 guilty of a violation and either the owner or the driver of
19 the vehicle may be prosecuted for the violation. Any person,
20 firm, or corporation convicted of violating this Section
21 shall be fined $50 for any weight exceeding the posted limit
22 up to the axle or gross weight limit allowed a vehicle as
23 provided for in subsections (a) or (b) of Section 15-111 and
24 $75 per every 500 pounds or fraction thereof for any weight
25 exceeding that which is provided for in subsections (a) or
26 (b) of Section 15-111.
27 (f) A municipality is authorized to enforce a county
28 weight limit ordinance applying to county highways within its
29 corporate limits and is entitled to the proceeds of any fines
30 collected from the enforcement.
31 (Source: P.A. 88-384; 89-117, eff. 7-7-95; 89-687, eff.
32 6-1-97.)
33 Section 95. No acceleration or delay. Where this Act
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1 makes changes in a statute that is represented in this Act by
2 text that is not yet or no longer in effect (for example, a
3 Section represented by multiple versions), the use of that
4 text does not accelerate or delay the taking effect of (i)
5 the changes made by this Act or (ii) provisions derived from
6 any other Public Act.".