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90_HB3743 SEE INDEX Amends the Illinois Vehicle Code. Repeals existing provisions regarding the size, weight, and load of vehicles. Inserts reorganized provisions which are similar to the existing provisions, but with numerous additions, deletions, and changes. Amends other provisions of the Illinois Vehicle Code and the Environmental Protection Act to change cross-references. LRB9008713WHdvB LRB9008713WHdvB 1 AN ACT to amend certain Acts in relation to the size and 2 weight of certain vehicles. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Environmental Protection Act is amended 6 by changing Section 10 as follows: 7 (415 ILCS 5/10) (from Ch. 111 1/2, par. 1010) 8 Sec. 10. Regulations. 9 (A) The Board, pursuant to procedures prescribed in 10 Title VII of this Act, may adopt regulations to promote the 11 purposes of this Title. Without limiting the generality of 12 this authority, such regulations may among other things 13 prescribe: 14 (a) Ambient air quality standards specifying the 15 maximum permissible short-term and long-term 16 concentrations of various contaminants in the atmosphere; 17 (b) Emission standards specifying the maximum 18 amounts or concentrations of various contaminants that 19 may be discharged into the atmosphere; 20 (c) Standards for the issuance of permits for 21 construction, installation, or operation of any 22 equipment, facility, vehicle, vessel, or aircraft capable 23 of causing or contributing to air pollution or designed 24 to prevent air pollution; 25 (d) Standards and conditions regarding the sale, 26 offer, or use of any fuel, vehicle, or other article 27 determined by the Board to constitute an air-pollution 28 hazard; 29 (e) Alert and abatement standards relative to 30 air-pollution episodes or emergencies constituting an 31 acute danger to health or to the environment; -2- LRB9008713WHdvB 1 (f) Requirements and procedures for the inspection 2 of any equipment, facility, vehicle, vessel, or aircraft 3 that may cause or contribute to air pollution; 4 (g) Requirements and standards for equipment and 5 procedures for monitoring contaminant discharges at their 6 sources, the collection of samples and the collection, 7 reporting and retention of data resulting from such 8 monitoring. 9 (B) The Board shall adopt sulfur dioxide regulations and 10 emission standards for existing fuel combustion stationary 11 emission sources located in all areas of the State of 12 Illinois, except the Chicago, St. Louis (Illinois) and Peoria 13 major metropolitan areas, in accordance with the following 14 requirements: 15 (1) Such regulations shall not be more restrictive 16 than necessary to attain and maintain the "Primary 17 National Ambient Air Quality Standards for Sulfur 18 Dioxide" and within a reasonable time attain and maintain 19 the "Secondary National Ambient Air Quality Standards for 20 Sulfur Dioxide." 21 (2) Such regulations shall be based upon ambient 22 air quality monitoring data insofar as possible, 23 consistent with regulations of the United States 24 Environmental Protection Agency. To the extent that air 25 quality modeling techniques are used for setting 26 standards, such techniques shall be fully described and 27 documented in the record of the Board's rulemaking 28 proceeding. 29 (3) Such regulations shall provide a mechanism for 30 the establishment of emission standards applicable to a 31 specific site as an alternative to a more restrictive 32 general emission standard. The Board shall delegate 33 authority to the Agency to determine such specific site 34 emission standards, pursuant to regulations adopted by -3- LRB9008713WHdvB 1 the Board. 2 (4) Such regulations and standards shall allow all 3 available alternative air quality control methods 4 consistent with federal law and regulations. 5 (C) The Board may not adopt any regulation banning the 6 burning of landscape waste throughout the State generally. 7 The Board may, by regulation, restrict or prohibit the 8 burning of landscape waste within any geographical area of 9 the State if it determines based on medical and biological 10 evidence generally accepted by the scientific community that 11 such burning will produce in the atmosphere of that 12 geographical area contaminants in sufficient quantities and 13 of such characteristics and duration as to be injurious to 14 humans, plant, or animal life, or health. 15 (D) The Board shall adopt regulations requiring the 16 owner or operator of a gasoline dispensing system that 17 dispenses more than 10,000 gallons of gasoline per month to 18 install and operate a system for the recovery of gasoline 19 vapor emissions arising from the fueling of motor vehicles 20 that meets the requirements of Section 182 of the federal 21 Clean Air Act (42 USC 7511a). These regulations shall apply 22 only in areas of the State that are classified as moderate, 23 serious, severe or extreme nonattainment areas for ozone 24 pursuant to Section 181 of the federal Clean Air Act (42 USC 25 7511), but shall not apply in such areas classified as 26 moderate nonattainment areas for ozone if the Administrator 27 of the U.S. Environmental Protection Agency promulgates 28 standards for vehicle-based (onboard) systems for the control 29 of vehicle refueling emissions pursuant to Section 202(a)(6) 30 of the federal Clean Air Act (42 USC 7521(a)(6)) by November 31 15, 1992. 32 (E) The Board shall not adopt or enforce any regulation 33 requiring the use of a tarpaulin or other covering on a 34 truck, trailer, or other vehicle that is stricter than the -4- LRB9008713WHdvB 1 requirements of Section 15-640015-109.1of the Illinois 2 Vehicle Code. To the extent that it is in conflict with this 3 subsection, the Board's rule codified as 35 Ill. Admin. Code, 4 Section 212.315 is hereby superseded. 5 (F) Any person who prior to June 8, 1988, has filed a 6 timely Notice of Intent to Petition for an Adjusted RACT 7 Emissions Limitation and who subsequently timely files a 8 completed petition for an adjusted RACT emissions limitation 9 pursuant to 35 Ill. Adm. Code, Part 215, Subpart I, shall be 10 subject to the procedures contained in Subpart I but shall be 11 excluded by operation of law from 35 Ill. Adm. Code, Part 12 215, Subparts PP, QQ and RR, including the applicable 13 definitions in 35 Ill. Adm. Code, Part 211. Such persons 14 shall instead be subject to a separate regulation which the 15 Board is hereby authorized to adopt pursuant to the adjusted 16 RACT emissions limitation procedure in 35 Ill. Adm. Code, 17 Part 215, Subpart I. In its final action on the petition, 18 the Board shall create a separate rule which establishes 19 Reasonably Available Control Technology (RACT) for such 20 person. The purpose of this procedure is to create separate 21 and independent regulations for purposes of SIP submittal, 22 review, and approval by USEPA. 23 (G) Subpart FF of Subtitle B, Title 35 Ill. Adm. Code, 24 Sections 218.720 through 218.730 and Sections 219.720 through 25 219.730, are hereby repealed by operation of law and are 26 rendered null and void and of no force and effect. 27 (Source: P.A. 88-381; 89-79, eff. 6-30-95.) 28 Section 10. The Illinois Vehicle Code is amended by 29 changing Sections 1-190.05, 1-204.3, 3-401, 3-815, 3-818, 30 6-306.4, 12-215, and 16-105, changing the Article headings of 31 Articles I, II, and III of Chapter 15, adding Sections 32 15-1000 through 15-3400, and adding Articles IV through X to 33 Chapter 15 as follows: -5- LRB9008713WHdvB 1 (625 ILCS 5/1-190.05) 2 Sec. 1-190.05. Special hauling vehicle. A vehicle or 3 combination of vehicles transporting asphalt or concrete in 4 the plastic state or a vehicle or combination of vehicles 5 that is subject to the weight limitations insubsections (a)6and (b) ofSection 15-740015-111for which the owner of the 7 vehicle or combination of vehicles has elected to pay, in 8 addition to the registration fees stated in subsection (a) or 9 (c) of Section 3-815 or Section 3-818, $100 to the Secretary 10 of State for each registration year. 11 (Source: P.A. 90-89, eff. 1-1-98.) 12 (625 ILCS 5/1-204.3) 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 15-7400 1715-111for special hauling vehicles. 18 (Source: P.A. 90-89, eff. 1-1-98.) 19 (625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401) 20 Sec. 3-401. Effect of provisions. 21 (a) It shall be unlawful for any person to violate any 22 provision of this Chapter or to drive or move or for an owner 23 knowingly to permit to be driven or moved upon any highway 24 any vehicle of a type required to be registered hereunder 25 which is not registered or for which the appropriate fee has 26 not been paid when and as required hereunder, except that 27 when application accompanied by proper fee has been made for 28 registration of a vehicle it may be operated temporarily 29 pending complete registration upon displaying a duplicate 30 application duly verified or other evidence of such 31 application or otherwise under rules and regulations 32 promulgated by the Secretary of State. -6- LRB9008713WHdvB 1 (b) The appropriate fees required to be paid under the 2 various provisions of this Act for registration of vehicles 3 shall mean the fee or fees which would have been paid 4 initially, if proper and timely application had been made to 5 the Secretary of State for the appropriate registration 6 required, whether such registration be a flat weight 7 registration, a single trip permit, a reciprocity permit or a 8 supplemental application to an original prorate application 9 together with payment of fees due under the supplemental 10 application for prorate decals. 11 (c) Effective October 1, 1984, no vehicle required to 12 pay a Federal Highway Users Tax shall be registered unless 13 proof of payment, in a form prescribed and approved by the 14 Secretary of State, is submitted with the appropriate 15 registration. Notwithstanding any other provision of this 16 Code, failure of the applicant to comply with this paragraph 17 shall be deemed grounds for the Secretary to refuse 18 registration. 19 (d) Second division vehicles. 20 (1) A vehicle of the second division moved or 21 operated within this State shall have had paid for it the 22 appropriate registration fees and flat weight tax, as 23 evidenced by the Illinois registration issued for that 24 vehicle, for the gross weight of the vehicle and load 25 being operated or moved within this State. Second 26 division vehicles of foreign jurisdictions operated 27 within this State under a single trip permit, fleet 28 reciprocity plan, prorate registration plan, or 29 apportional registration plan, instead of second division 30 vehicle registration under Article VIII of this Chapter, 31 must have had paid for it the appropriate registration 32 fees and flat weight tax in the base jurisdiction of that 33 vehicle, as evidenced by the maximum gross weight shown 34 on the foreign registration cards, plus any appropriate -7- LRB9008713WHdvB 1 fees required under this Code. 2 (2) If a vehicle and load are operated in this 3 State and the appropriate fees and taxes have not been 4 paid or the vehicle and load exceed the registered gross 5 weight for which the required fees and taxes have been 6 paid by 2001 pounds or more, the operator or owner shall 7 be fined as provided in Section 15-1010015-113of this 8 Code. However, an owner or operator shall not be subject 9 to arrest under this subsection for any weight in excess 10 of 80,000 pounds. Further, for any unregistered vehicle 11 or vehicle displaying expired registration, no fine shall 12 exceed the actual cost of what the appropriate 13 registration for that vehicle and load should have been 14 as established in subsection (a) of Section 3-815 of this 15 Chapter regardless of the route traveled. 16 (3) Any person operating a legal combination of 17 vehicles displaying valid registration shall not be 18 considered in violation of the registration provision of 19 this subsection unless the total gross weight of the 20 combination exceeds the total licensed weight of the 21 vehicles in the combination. The gross weight of a 22 vehicle exempt from the registration requirements of this 23 Chapter shall not be included when determining the total 24 gross weight of vehicles in combination. 25 (4) If the defendant claims that he or she had 26 previously paid the appropriate Illinois registration 27 fees and taxes for this vehicle before the alleged 28 violation, the defendant shall have the burden of proving 29 the existence of the payment by competent evidence. 30 Proof of proper Illinois registration issued by the 31 Secretary of State, or the appropriate registration 32 authority from the foreign state, shall be the only 33 competent evidence of payment. 34 (Source: P.A. 88-476; 89-245, eff. 1-1-96.) -8- LRB9008713WHdvB 1 (625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815) 2 Sec. 3-815. Flat weight tax; vehicles of the second 3 division. 4 (a) In addition to the registration fee specified in 5 Section 3-813, and except as provided in Section 3-806.3, 6 every owner of a vehicle of the second division registered 7 under Section 3-813, and not registered under the mileage 8 weight tax under Section 3-818, shall pay to the Secretary of 9 State, for each registration year, for the use of the public 10 highways, a flat weight tax at the rates set forth in the 11 following table, the rates including the $10 registration 12 fee: 13 SCHEDULE OF FLAT WEIGHT TAX 14 REQUIRED BY LAW 15 Gross Weight in Lbs. Total Fees 16 Including Vehicle each Fiscal 17 and Maximum year 18 Load Class 19 8,000 lbs. and less B $ 48 20 8,001 lbs. to 12,000 lbs. D 108 21 12,001 lbs. to 16,000 lbs. F 192 22 16,001 lbs. to 26,000 lbs. H 390 23 26,001 lbs. to 28,000 lbs. J 504 24 28,001 lbs. to 32,000 lbs. K 672 25 32,001 lbs. to 36,000 lbs. L 784 26 36,001 lbs. to 40,000 lbs. N 960 27 40,001 lbs. to 45,000 lbs. P 1110 28 45,001 lbs. to 50,000 lbs. Q 1228 29 50,001 lbs. to 54,999 lbs. R 1356 30 55,000 lbs. to 59,500 lbs. S 1464 31 59,501 lbs. to 64,000 lbs. T 1574 32 64,001 lbs. to 73,280 lbs. V 1834 33 73,281 lbs. to 77,000 lbs. X 2096 34 77,001 lbs. to 80,000 lbs. Z 2232 -9- LRB9008713WHdvB 1 (a-1) A Special Hauling Vehicle is a vehicle or 2 combination of vehicles of the second division registered 3 under Section 3-813 transporting asphalt or concrete in the 4 plastic state or a vehicle or combination of vehicles that 5 are subject to the gross weight limitations insubsection (b)6ofSection 15-740015-111for which the owner of the vehicle 7 or combination of vehicles has elected to pay, in addition to 8 the registration fee in subsection (a), $100 to the Secretary 9 of State for each registration year. The Secretary shall 10 designate this class of vehicle as a Special Hauling Vehicle. 11 (b) Except as provided in Section 3-806.3, every camping 12 trailer, motor home, mini motor home, travel trailer, truck 13 camper or van camper used primarily for recreational 14 purposes, and not used commercially, nor for hire, nor owned 15 by a commercial business, may be registered for each 16 registration year upon the filing of a proper application and 17 the payment of a registration fee and highway use tax, 18 according to the following table of fees: 19 MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER 20 Gross Weight in Lbs. Total Fees 21 Including Vehicle and Each 22 Maximum Load Calendar Year 23 8,000 lbs and less $48 24 8,001 Lbs. to 10,000 Lbs 60 25 10,001 Lbs. and Over 72 26 CAMPING TRAILER OR TRAVEL TRAILER 27 Gross Weight in Lbs. Total Fees 28 Including Vehicle and Each 29 Maximum Load Calendar Year 30 3,000 Lbs. and Less $12 31 3,001 Lbs. to 8,000 Lbs. 22 32 8,001 Lbs. to 10,000 Lbs. 30 33 10,001 Lbs. and Over 40 34 Every house trailer must be registered under Section -10- LRB9008713WHdvB 1 3-819. 2 (c) Farm Truck. Any truck used exclusively for the 3 owner's own agricultural, horticultural or livestock raising 4 operations and not-for-hire only, or any truck used only in 5 the transportation for-hire of seasonal, fresh, perishable 6 fruit or vegetables from farm to the point of first 7 processing, may be registered by the owner under this 8 paragraph in lieu of registration under paragraph (a), upon 9 filing of a proper application and the payment of the $10 10 registration fee and the highway use tax herein specified as 11 follows: 12 SCHEDULE OF FEES AND TAXES 13 Gross Weight in Lbs. Total Amount for 14 Including Truck and each 15 Maximum Load Class Fiscal Year 16 16,000 lbs. or less VF $120 17 16,001 to 20,000 lbs. VG 180 18 20,001 to 24,000 lbs. VH 230 19 24,001 to 28,000 lbs. VJ 302 20 28,001 to 32,000 lbs. VK 404 21 32,001 to 36,000 lbs. VL 486 22 36,001 to 45,000 lbs. VP 648 23 45,001 to 54,999 lbs. VR 820 24 55,000 to 64,000 lbs. VT 960 25 64,001 to 73,280 lbs. VV 1,032 26 73,281 to 77,000 lbs. VX 1,080 27 77,001 to 80,000 lbs. VZ 1,192 28 In the event the Secretary of State revokes a farm truck 29 registration as authorized by law, the owner shall pay the 30 flat weight tax due hereunder before operating such truck. 31 Any combination of vehicles having 5 axles, with a 32 distance of 42 feet or less between extreme axles, that are 33 subject to the weight limitations in subsection (a) and (b) 34 of Section 15-111 for which the owner of the combination of -11- LRB9008713WHdvB 1 vehicles has elected to pay, in addition to the registration 2 fee in subsection (c), $100 to the Secretary of State for 3 each registration year shall be designated by the Secretary 4 as a Special Hauling Vehicle. 5 (d) The number of axles necessary to carry the maximum 6 load provided shall be determined from Chapter 15 of this 7 Code. 8 (e) An owner may only apply for and receive 5 farm truck 9 registrations, and only 2 of those 5 vehicles shall exceed 10 59,500 gross weight in pounds per vehicle. 11 (f) Every person convicted of violating this Section by 12 failure to pay the appropriate flat weight tax to the 13 Secretary of State as set forth in the above tables shall be 14 punished as provided for in Section 3-401. 15 (Source: P.A. 88-403; 88-476; 88-617, eff. 9-9-94; 88-670, 16 eff. 12-2-94; 89-710, eff. 2-14-97.) 17 (625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818) 18 Sec. 3-818. Mileage weight tax option. Any owner of a 19 vehicle of the second division may elect to pay a mileage 20 weight tax for such vehicle in lieu of the flat weight tax 21 set out in Section 3-815. Such election shall be binding to 22 the end of the registration year. Renewal of this election 23 must be filed with the Secretary of State on or before July 1 24 of each registration period. In such event the owner shall, 25 at the time of making such election, pay the $10 registration 26 fee and the minimum guaranteed mileage weight tax, as 27 hereinafter provided, which payment shall permit the owner to 28 operate that vehicle the maximum mileage in this State 29 hereinafter set forth. Any vehicle being operated on mileage 30 plates cannot be operated outside of this State. In addition 31 thereto, the owner of that vehicle shall pay a mileage weight 32 tax at the following rates for each mile traveled in this 33 State in excess of the maximum mileage provided under the -12- LRB9008713WHdvB 1 minimum guaranteed basis: 2 BUS, TRUCK OR TRUCK TRACTOR 3 Maximum Mileage 4 Minimum Mileage Weight Tax 5 Guaranteed Permitted for Mileage 6 Gross Weight Mileage Under in excess of 7 Vehicle and Weight Guaranteed Guaranteed 8 Load Class Tax Tax Mileage 9 12,000 lbs. or less MD $58 5,000 21 Mills 10 12,001 to 16,000 lbs. MF 96 6,000 27 Mills 11 16,001 to 20,000 lbs. MG 144 6,000 37 Mills 12 20,001 to 24,000 lbs. MH 188 6,000 50 Mills 13 24,001 to 28,000 lbs. MJ 252 7,000 50 Mills 14 28,001 to 32,000 lbs. MK 308 7,000 66 Mills 15 32,001 to 36,000 lbs. ML 388 7,000 79 Mills 16 36,001 to 40,000 lbs. MN 492 7,000 102 Mills 17 40,001 to 45,000 lbs. MP 556 7,000 111 Mills 18 45,001 to 54,999 lbs. MR 682 7,000 125 Mills 19 55,000 to 59,500 lbs. MS 736 7,000 142 Mills 20 59,501 to 64,000 lbs. MT 788 7,000 156 Mills 21 64,001 to 73,280 lbs. MV 938 7,000 180 Mills 22 73,281 to 77,000 lbs. MX 1,062 7,000 206 Mills 23 77,001 to 80,000 lbs. MZ 1,132 7,000 220 Mills 24 TRAILER 25 Maximum Mileage 26 Minimum Mileage Weight Tax 27 Guaranteed Permitted for Mileage 28 Gross Weight Mileage Under in excess of 29 Vehicle and Weight Guaranteed Guaranteed 30 Load Class Tax Tax Mileage 31 14,000 lbs. or less ME $60 5,000 25 Mills 32 14,001 to 20,000 lbs. MF 108 6,000 29 Mills 33 20,001 to 36,000 lbs. ML 432 7,000 82 Mills 34 36,001 to 40,000 lbs. MM 600 7,000 120 Mills -13- LRB9008713WHdvB 1 (a-1) A Special Hauling Vehicle is a vehicle or 2 combination of vehicles of the second division registered 3 under Section 3-813 transporting asphalt or concrete in the 4 plastic state or a vehicle or combination of vehicles that 5 are subject to the gross weight limitations insubsection (b)6ofSection 15-740015-111for which the owner of the vehicle 7 or combination of vehicles has elected to pay, in addition to 8 the registration fee in subsection (a), $100 to the Secretary 9 of State for each registration year. The Secretary shall 10 designate this class of vehicle as a Special Hauling Vehicle. 11 In preparing rate schedules on registration applications, 12 the Secretary of State shall add to the above rates, the $10 13 registration fee. The Secretary may decline to accept any 14 renewal filed after July 1st. 15 The number of axles necessary to carry the maximum load 16 provided shall be determined from Chapter 15 of this Code. 17 Every owner of a second division motor vehicle for which 18 he has elected to pay a mileage weight tax shall keep a daily 19 record upon forms prescribed by the Secretary of State, 20 showing the mileage covered by that vehicle in this State. 21 Such record shall contain the license number of the vehicle 22 and the miles traveled by the vehicle in this State for each 23 day of the calendar month. Such owner shall also maintain 24 records of fuel consumed by each such motor vehicle and fuel 25 purchases therefor. On or before the 10th day of January and 26 July the owner shall certify to the Secretary of State upon 27 forms prescribed therefor, summaries of his daily records 28 which shall show the miles traveled by the vehicle in this 29 State during the preceding 6 months and such other 30 information as the Secretary of State may require. The daily 31 record and fuel records shall be filed, preserved and 32 available for audit for a period of 3 years. Any owner filing 33 a return hereunder shall certify that such return is a true, 34 correct and complete return. Any person who willfully makes a -14- LRB9008713WHdvB 1 false return hereunder is guilty of perjury and shall be 2 punished in the same manner and to the same extent as is 3 provided therefor. 4 At the time of filing his return, each owner shall pay to 5 the Secretary of State the proper amount of tax at the rate 6 herein imposed. 7 Every owner of a vehicle of the second division who 8 elects to pay on a mileage weight tax basis and who operates 9 the vehicle within this State, shall file with the Secretary 10 of State a bond in the amount of $500. The bond shall be in 11 a form approved by the Secretary of State and with a surety 12 company approved by the Illinois Department of Insurance to 13 transact business in this State as surety, and shall be 14 conditioned upon such applicant's paying to the State of 15 Illinois all money becoming due by reason of the operation of 16 the second division vehicle in this State, together with all 17 penalties and interest thereon. 18 (Source: P.A. 88-403; 89-571, eff. 7-26-96; 89-710, eff. 19 2-14-97.) 20 (625 ILCS 5/6-306.4) (from Ch. 95 1/2, par. 6-306.4) 21 Sec. 6-306.4. Procedures for residents of other states. 22 (a) Except as provided in paragraph (b) of this Section, any 23 resident of another state which is a member of the 24 Nonresident Violator Compact of 1977, who is cited by a 25 police officer for violating a traffic law or ordinance, 26 shall have the option of (1) being taken without unnecessary 27 delay before a court of jurisdiction or (2) executing a 28 written promise to comply with the terms of the citation by 29 signing at least one copy of a Uniform Traffic Ticket 30 prepared by the police officer. The police officer may 31 refuse to permit a nonresident violator to execute a written 32 promise to comply with the terms of the citation if the 33 nonresident violator cannot furnish satisfactory evidence of -15- LRB9008713WHdvB 1 identity or if the officer has probable cause to believe the 2 nonresident violator cited will disregard the written promise 3 to comply with the citation. 4 If the person cited is a resident of another State which 5 is not a member of the Nonresident Violator Compact of 1977, 6 then the rules established by the Supreme Court for bail bond 7 and appearance procedures apply. 8 (b) Any person cited for violating the following 9 provisions of this Code or a similar provision of local 10 ordinances shall be governed by the bail provisions of the 11 Illinois Supreme Court Rules when it is not practical or 12 feasible to take the person before a judge to have bail set 13 or to avoid undue delay because of the hour or circumstances: 14 Section 3-101, Section 3-702, Sections 3-707, 3-708 or 3-710, 15 Chapter 4, Chapter 5, Section 6-101, Section 6-104, Section 16 6-113, Section 6-301, Section 6-303, Section 8-115, Section 17 11-204, Section 11-310, Section 11-311, Section 11-312, 18 Section 11-401, Section 11-402, Section 11-403, Section 19 11-404, Section 11-409, Section 11-501, Section 11-503, 20 Section 11-504, Section 11-601, when more than 30 m.p.h. over 21 the posted limit, Section 11-1006, Section 11-1414, Articles 22 II, III, IV, V, VII, and VIII of Chapter 15, Sections 23 15-1300, 15-1500, 15-6000, 15-6500, 15-6600, 15-6700, 24 15-6800, and 15-6900Section 15-102, Section 15-103, Section2515-107, Section 15-111, paragraph (f) of Section 15-10000 2615-112or paragraph (c)(j)of Section 15-930015-301. 27 (c) If the person fails to comply with the executed 28 written promise to comply with the original terms of the 29 citation as indicated in paragraph (a) of this Section, the 30 court shall continue the case for a minimum of 30 days and 31 require that a notice of the continued court date be sent to 32 the last known address of such person. If the person does 33 not appear or otherwise satisfy the court on or before the 34 continued court date, the court shall enter an order of -16- LRB9008713WHdvB 1 failure to appear to answer such charge. The clerk of such 2 court shall notify the Secretary of State of the court's 3 order within 21 days. 4 (d) Upon receiving such notice, the Secretary of State 5 shall comply with the provisions of Section 6-803 of this 6 Code. 7 (Source: P.A. 86-149.) 8 (625 ILCS 5/12-215) (from Ch. 95 1/2, par. 12-215) 9 Sec. 12-215. Oscillating, rotating or flashing lights on 10 motor vehicles. Except as otherwise provided in this Code: 11 (a) The use of red or white oscillating, rotating or 12 flashing lights, whether lighted or unlighted, is prohibited 13 except on: 14 1. Law enforcement vehicles of State, Federal or 15 local authorities; 16 2. A vehicle operated by a police officer or county 17 coroner and designated or authorized by local 18 authorities, in writing, as a law enforcement vehicle; 19 however, such designation or authorization must be 20 carried in the vehicle; 21 3. Vehicles of local fire departments and State or 22 federal firefighting vehicles; 23 4. Vehicles which are designed and used exclusively 24 as ambulances or rescue vehicles; furthermore, such 25 lights shall not be lighted except when responding to an 26 emergency call for and while actually conveying the sick 27 or injured; and 28 5. Tow trucks licensed in a state that requires 29 such lights; furthermore, such lights shall not be 30 lighted on any such tow truck while the tow truck is 31 operating in the State of Illinois. 32 (b) The use of amber oscillating, rotating or flashing 33 lights, whether lighted or unlighted, is prohibited except -17- LRB9008713WHdvB 1 on: 2 1. Second division vehicles designed and used for 3 towing or hoisting vehicles; furthermore, such lights 4 shall not be lighted except as required in this paragraph 5 1; such lights shall be lighted when such vehicles are 6 actually being used at the scene of an accident or 7 disablement; if the towing vehicle is equipped with a 8 flat bed that supports all wheels of the vehicle being 9 transported, the lights shall not be lighted while the 10 vehicle is engaged in towing on a highway; if the towing 11 vehicle is not equipped with a flat bed that supports all 12 wheels of a vehicle being transported, the lights shall 13 be lighted while the towing vehicle is engaged in towing 14 on a highway during all times when the use of headlights 15 is required under Section 12-201 of this Code; 16 2. Motor vehicles or equipment of the State of 17 Illinois, local authorities and contractors; furthermore, 18 such lights shall not be lighted except while such 19 vehicles are engaged in maintenance or construction 20 operations within the limits of construction projects; 21 3. Vehicles or equipment used by engineering or 22 survey crews; furthermore, such lights shall not be 23 lighted except while such vehicles are actually engaged 24 in work on a highway; 25 4. Vehicles of public utilities, municipalities, or 26 other construction, maintenance or automotive service 27 vehicles except that such lights shall be lighted only as 28 a means for indicating the presence of a vehicular 29 traffic hazard requiring unusual care in approaching, 30 overtaking or passing while such vehicles are engaged in 31 maintenance, service or construction on a highway; 32 5. Oversized vehicle or load; however, such lights 33 shall only be lighted when moving under permit issued by 34 the Department under Article IX of Chapter 15Section-18- LRB9008713WHdvB 115-301of this Code; 2 6. The front and rear of motorized equipment owned 3 and operated by the State of Illinois or any political 4 subdivision thereof, which is designed and used for 5 removal of snow and ice from highways; 6 7. Fleet safety vehicles registered in another 7 state, furthermore, such lights shall not be lighted 8 except as provided for in Section 12-212 of this Code; 9 8. Such other vehicles as may be authorized by 10 local authorities; 11 9. Law enforcement vehicles of State or local 12 authorities when used in combination with red 13 oscillating, rotating or flashing lights; 14 10. Vehicles used for collecting or delivering mail 15 for the United States Postal Service provided that such 16 lights shall not be lighted except when such vehicles are 17 actually being used for such purposes; 18 11. Any vehicle displaying a slow-moving vehicle 19 emblem as provided in Section 12-205.1; 20 12. All trucks equipped with self-compactors or 21 roll-off hoists and roll-on containers for garbage or 22 refuse hauling. Such lights shall not be lighted except 23 when such vehicles are actually being used for such 24 purposes; 25 13. Vehicles used by a security company, alarm 26 responder, or control agency, if the security company, 27 alarm responder, or control agency is bound by a contract 28 with a federal, State, or local government entity to use 29 the lights; and 30 14. Security vehicles of the Department of Human 31 Services; however, the lights shall not be lighted except 32 when being used for security related purposes under the 33 direction of the superintendent of the facility where the 34 vehicle is located. -19- LRB9008713WHdvB 1 (c) The use of blue oscillating, rotating or flashing 2 lights, whether lighted or unlighted is prohibited except: 3 1. On vehicles owned or fully operated by a: 4 voluntary firefighter; 5 paid firefighter; 6 part-paid firefighter; 7 call firefighter; 8 member of the board of trustees of a fire 9 protection district; 10 paid or unpaid member of a rescue squad; 11 paid or unpaid member of a voluntary ambulance 12 unit; 13 rescue squad vehicles not owned by a fire 14 department. 15 However, such lights are not to be lighted except 16 when responding to a bona fide emergency. 17 2. Police department vehicles in cities having a 18 population of 500,000 or more inhabitants. 19 3. Law enforcement vehicles of State or local 20 authorities when used in combination with red 21 oscillating, rotating or flashing lights. 22 4. Vehicles of local fire departments and State or 23 federal firefighting vehicles when used in combination 24 with red oscillating, rotating or flashing lights. 25 5. Vehicles which are designed and used exclusively 26 as ambulances or rescue vehicles when used in combination 27 with red oscillating, rotating or flashing lights; 28 furthermore, such lights shall not be lighted except when 29 responding to an emergency call. 30 6. Vehicles that are equipped and used exclusively 31 as organ transport vehicles when used in combination with 32 red oscillating, rotating, or flashing lights; 33 furthermore, these lights shall only be lighted when the 34 transportation is declared an emergency by a member of -20- LRB9008713WHdvB 1 the transplant team or a representative of the organ 2 procurement organization. 3 (d) The use of a combination of amber and white 4 oscillating, rotating or flashing lights, whether lighted or 5 unlighted, is prohibited, except motor vehicles or equipment 6 of the State of Illinois, local authorities and contractors 7 may be so equipped; furthermore, such lights shall not be 8 lighted except while such vehicles are engaged in highway 9 maintenance or construction operations within the limits of 10 highway construction projects. 11 (e) All oscillating, rotating or flashing lights 12 referred to in this Section shall be of sufficient intensity, 13 when illuminated, to be visible at 500 feet in normal 14 sunlight. 15 (f) Nothing in this Section shall prohibit a 16 manufacturer of oscillating, rotating or flashing lights or 17 his representative from temporarily mounting such lights on a 18 vehicle for demonstration purposes only. 19 (g) Any person violating the provisions of subsections 20 (a), (b), (c) or (d) of this Section who without lawful 21 authority stops or detains or attempts to stop or detain 22 another person shall be guilty of a Class 4 felony. 23 (h) Except as provided in subsection (g) above, any 24 person violating the provisions of subsections (a) or (c) of 25 this Section shall be guilty of a Class A misdemeanor. 26 (Source: P.A. 89-433, eff. 12-15-95; 89-507, eff. 7-1-97; 27 90-330, eff. 8-8-97; 90-347, eff. 1-1-98; revised 10-27-97.) 28 (625 ILCS 5/Chap. 15, Art. I heading) 29 ARTICLE I. GENERAL PROVISIONSSIZE, WEIGHT AND LOAD30 (625 ILCS 5/15-1000 new) 31 Sec. 15-1000. Scope and Effect. It is unlawful for any 32 person to drive or move on, upon, or across or for the owner -21- LRB9008713WHdvB 1 to cause or knowingly permit to be driven or moved on, upon, 2 or across any highway any vehicle or vehicles of a size and 3 weight exceeding the limitations stated in this Chapter or 4 otherwise in violation of this Chapter, and the maximum size 5 and weight of vehicles specified in this Chapter are lawful 6 throughout this State, and local authorities shall have no 7 power or authority to alter those limitations except as 8 express authority is granted in this Chapter. 9 (625 ILCS 5/15-1100 new) 10 Sec. 15-1100. Highway Designations. 11 (a) Designated State Highways. 12 (1) The Department may designate streets or 13 highways in the system of State highways as Class I, 14 Class II or Class III highways. All designated highways 15 allow a maximum weight of 80,000 pounds on a standard 16 tractor-semitrailer, except as provided in Section 17 15-1200. Class I highways include interstates, 18 expressways, tollways and other roads deemed appropriate 19 by the Department. Class II highways include major 20 arterials not built to interstate standards that have at 21 least 11 feet lane widths. Class III highways include 22 those highways that have lane widths of less than 11 23 feet. 24 (2) Section 5-35 of the Illinois Administrative 25 Procedure Act relating to procedures for rulemaking shall 26 not apply to the designation of highways under this 27 Chapter. 28 (b) Non-designated State Highways. For purposes of this 29 Chapter, "non-designated State highways" means all highways 30 in the system of State highways not designated as Class I, II 31 or III. 32 (c) Local Highways. For purposes of this Chapter, 33 "local highways" means all roadways which are a part of any -22- LRB9008713WHdvB 1 county highway system, township and district road system or 2 municipal street system. Local authorities may also designate 3 Class II or Class III highways within their system of 4 highways. 5 (625 ILCS 5/15-1200 new) 6 Sec. 15-1200. When the Department, Local Authority, or 7 Road District Highway Commissioner May Restrict Right to Use 8 Highways. 9 (a) Local authorities and road district highway 10 commissioners with respect to highways under their 11 jurisdiction may by ordinance or resolution prohibit the 12 operation of vehicles upon any such highway or impose 13 restrictions as to the weight of vehicles to be operated upon 14 any such highway, for a total period of not to exceed 90 days 15 in any one calendar year, whenever the highway by reason of 16 deterioration, rain, snow, or other climate conditions will 17 be seriously damaged or destroyed unless the use of vehicles 18 on the highway is prohibited or the permissible weights of 19 vehicles is reduced. 20 (b) The local authority or road district highway 21 commissioner enacting any such ordinance or resolution shall 22 erect or cause to be erected and maintained signs designating 23 the provision of the ordinance or resolution at each end of 24 that portion of any highway affected thereby, and the 25 ordinance or resolution shall not be effective unless and 26 until the signs are erected and maintained. 27 (c) Local authorities and road district highway 28 commissioners with respect to highways under their 29 jurisdiction may also, by ordinance or resolution, prohibit 30 the operation of trucks or other commercial vehicles, or may 31 impose limitations as the weight of the vehicles on 32 designated highways, which prohibitions and limitations shall 33 be designated by appropriate signs placed on those highways. -23- LRB9008713WHdvB 1 (d) The Department shall likewise have authority as 2 granted to local authorities and road district highway 3 commissioners under this Section to determine by resolution 4 and to impose restrictions as to the weight of vehicles 5 operated upon any highway under the jurisdiction of the 6 Department, and the restrictions shall be effective when 7 signs giving notice of the restrictions are erected upon the 8 highway or portion of any highway affected by the resolution. 9 (e) Unless otherwise provided in subsection (a), (b), or 10 (c), motor vehicles and motor vehicles in combination with 11 gross weights not exceeding 73,280 pounds and up to 65 feet 12 in overall length and 102 inches in width operating on 13 highways under the control of a county or township road 14 district highway commissioner may have access for a distance 15 of 5 miles from a State designated highway for the purpose of 16 loading, unloading, services, and home base. No exemption 17 shall be granted authorizing travel on local roads as a 18 thoroughfare between State designated highways. 19 (f) Unless otherwise provided in subsection (a), (b), or 20 (c), motor vehicles and motor vehicles in combination with 21 gross weights not exceeding 73,280 pounds and up to 65 feet 22 in overall length and 102 inches in width operating on 23 highways under the control of municipal authorities may have 24 access for 5 miles from a State designated highway for the 25 purpose of loading and unloading and one mile for food, fuel, 26 repairs, and rest on those municipally controlled highways. 27 No exemption shall be granted authorizing travel on municipal 28 roads as a thoroughfare between State designated highways. 29 (625 ILCS 5/15-1300 new) 30 Sec. 15-1300. Restricting Weights on Certain Bridges and 31 Elevated Structures. 32 (a) No person shall operate a vehicle or combination of 33 vehicles over a bridge or other elevated structure -24- LRB9008713WHdvB 1 constituting a part of a highway with a gross weight which is 2 greater than the maximum weight permitted by the Department, 3 when the structure is sign posted as provided in this 4 Section. 5 (b) The Department upon request from any local authority 6 shall, or upon its own initiative may, conduct an 7 investigation of any bridge or other elevated structure 8 constituting a part of a highway, and if it finds that the 9 structure cannot with safety to itself withstand the weight 10 of vehicles otherwise permissible under this Chapter the 11 Department shall determine and declare the maximum weight of 12 vehicles which such structure can withstand, and shall cause 13 or permit suitable signs stating maximum weight to be erected 14 and maintained before each end of the structure. 15 (c) Upon the trial of any person charged with a 16 violation of this Section proof of the determination of the 17 maximum allowable weight by the Department and the existence 18 of the signs, constitutes conclusive evidence of the maximum 19 weight which can be maintained with safety to the bridge or 20 structure. 21 (625 ILCS 5/15-1400 new) 22 Sec. 15-1400. Liability if Highway or Structure Damaged. 23 (a) Any person driving any vehicle, object, or 24 contrivance upon any highway or highway structure is liable 25 for all damage which the highway or structure may sustain as 26 a result of any illegal operation, driving, or moving of that 27 vehicle, object, or contrivance, or as a result of operating, 28 driving, or moving any vehicle, object, or contrivance 29 exceeding the maximum dimensions or weighing in excess of the 30 maximum weight specified in this Chapter but authorized by a 31 special permit issued as provided in this Chapter. The 32 measure of liability is the cost of repairing a facility 33 partially damaged or the depreciated replacement cost of a -25- LRB9008713WHdvB 1 facility damaged beyond repair together with all other 2 expenses incurred by the authorities in control of the 3 highway or highway structure in providing a temporary detour, 4 including a temporary structure, to serve the needs of 5 traffic during the period of repair or replacement of the 6 damaged highway or highway structure. 7 (b) Whenever the driver is not the owner of a vehicle, 8 object, or contrivance, but is operating, driving, or moving 9 it with the express or implied permission of the owner, then 10 the owner and driver are jointly and severally liable to the 11 extent provided in subsection (a). 12 (c) Recovery may be had in a civil action brought by the 13 authorities in control of the highway or highway structure. 14 (625 ILCS 5/15-1500 new) 15 Sec. 15-1500. Special Permits for Excess Size and 16 Weight. 17 (a) The Department with respect to highways under its 18 jurisdiction and local authorities with respect to highways 19 under their jurisdiction may, in their discretion, upon 20 application and good cause being shown therefor, issue a 21 special permit authorizing the applicant to operate or move a 22 vehicle or combination of vehicles of a size or weight of 23 vehicle or load exceeding the maximum specified in this 24 Chapter or otherwise not in conformity with this Act upon any 25 highway under the jurisdiction of the party granting the 26 permit and for the maintenance of which the party is 27 responsible. The provisions of Article IX must be followed 28 in applying for an excess size and weight permit. 29 (b) No vehicle or combination of vehicles shall be 30 operated, unladen or with load, upon the highways of this 31 State in violation of the provisions of any permit issued 32 under the provisions of Article IX of this Chapter. -26- LRB9008713WHdvB 1 (625 ILCS 5/15-1600 new) 2 Sec. 15-1600. Pushing of Disabled Vehicles. It is 3 unlawful under any circumstances for any vehicle to push any 4 other vehicle on or along any highway outside an urban area 5 in this State, except in an extreme emergency and then the 6 vehicle shall not be pushed farther than is reasonably 7 necessary to remove it from the roadway or from the immediate 8 hazard that exists. 9 (625 ILCS 5/15-1700 new) 10 Sec. 15-1700. Public Highway Damage, Cost, and Fuel 11 Consumption Report. By July 1, 1985, and every 3 years 12 thereafter, the Department of Transportation shall publish 13 and deliver to the Governor and the General Assembly a report 14 which assesses the damage done to public highways in the 15 State of Illinois by virtue of the increased lengths, widths 16 and weight loads allowed under Public Act 83-12 and which 17 determines whether the proceeds of the taxes imposed by the 18 addition of Section 2(c) to the Motor Fuel Tax Law in Section 19 2 of Public Act 83-12 and the proceeds of the fees and taxes 20 paid by the owners of vehicles classified in the "X", "Z", 21 "MX" and "MZ" classifications under the amendments to 22 Sections 3-815(a) and 3-818 in Section 1 of Public Act 83-12 23 are sufficient to cover the costs of permitting the operation 24 of those larger vehicles. The report shall also assess the 25 consumption of diesel fuel by first and second division motor 26 vehicles. 27 (625 ILCS 5/Chap. 15, Art. II heading) 28 ARTICLE II. MAXIMUM HEIGHT OF VEHICLES 29VEHICLES EXCEEDING WEIGHT LIMITS30 (625 ILCS 5/15-2000 new) 31 Sec. 15-2000. General. No exceptions to the provisions -27- LRB9008713WHdvB 1 of this Article are permitted, except as otherwise provided 2 in Articles VI through IX of this Chapter. 3 (625 ILCS 5/15-2100 new) 4 Sec. 15-2100. Maximum Height of Vehicles. The height of 5 a vehicle from the under side of the tire to the top of the 6 vehicle, inclusive of load, shall not exceed 13 feet, 6 7 inches. 8 (625 ILCS 5/15-2200 new) 9 Sec. 15-2200. Violations. A person convicted of 10 violating the provisions of this Article is subject to the 11 penalty provided in subsection (b) of Section 15-10100. 12 (625 ILCS 5/Chap. 15, Art. III heading) 13 ARTICLE III. MAXIMUM WIDTH OF VEHICLESPERMITS14 (625 ILCS 5/15-3000 new) 15 Sec. 15-3000. General. No exceptions to the provisions 16 of this Article are permitted, except as otherwise provided 17 in Articles VI through IX of this Chapter. 18 (625 ILCS 5/15-3100 new) 19 Sec. 15-3100. Maximum Width of Vehicles Operating on 20 Local Highways, Non-designated State Highways and Class III 21 Highways. 22 (a) The total outside width of any vehicle or load on 23 the vehicle shall not exceed 8 feet. 24 (b) Local authorities and road district commissioners 25 with respect to streets and highways under their 26 jurisdiction, may also by ordinance or resolution allow the 27 width limitations of Section 15-3200. 28 (625 ILCS 5/15-3200 new) -28- LRB9008713WHdvB 1 Sec. 15-3200. Maximum Width of Vehicles Operating on 2 Class I or Class II Highways. 3 (a) A vehicle and load traveling upon a Class I or Class 4 II highway may have a total outside width of 8 feet 6 inches, 5 provided that certain safety devices that the Department 6 determines as necessary for the safe and efficient operation 7 of motor vehicles shall not be included in the calculation of 8 width. 9 (b) Vehicles operating under this Section shall have 10 access for a distance of one highway mile to or from a Class 11 I highway on any street or highway, unless there is a sign 12 prohibiting the access, or 5 highway miles to or from a Class 13 I or II highway on a street or highway included in the system 14 of State highways and upon any street or highway designated 15 by local authorities or road district commissioners, without 16 additional fees, to points of loading and unloading and to 17 facilities for food, fuel, repairs and rest. In addition, any 18 trailer or semitrailer not exceeding 28 feet 6 inches in 19 length, that was originally in combination with a truck 20 tractor, and all household goods carriers, when operating 21 under this Section, shall have access to points of loading 22 and unloading. 23 (625 ILCS 5/15-3300 new) 24 Sec. 15-3300. Mirrors and Safety Devices. Mirrors 25 required by Section 12-502 of this Code and other safety 26 devices identified by the Department may project up to 14 27 inches beyond each side of a bus and up to 6 inches beyond 28 each side of any other vehicle, and that projection shall not 29 be deemed a violation of the width restrictions of this 30 Article. 31 (625 ILCS 5/15-3400 new) 32 Sec. 15-3400. Violations. A person convicted of -29- LRB9008713WHdvB 1 violating the provisions of this Article is subject to the 2 penalty provided in subsection (b) of Section 15-10100. 3 (625 ILCS 5/Chap. 15, Art. IV heading new) 4 ARTICLE IV. MAXIMUM LENGTH OF VEHICLES 5 (625 ILCS 5/15-4000 new) 6 Sec. 15-4000. General. No exceptions to the provisions 7 of this Article are permitted, except as otherwise provided 8 in Articles VI through IX of this Chapter. 9 (625 ILCS 5/15-4100 new) 10 Sec. 15-4100. Maximum Length of a Single Vehicle. No 11 single vehicle, with or without load, shall exceed an overall 12 length of 42 feet when operating on any highway in this 13 State. 14 (625 ILCS 5/15-4200 new) 15 Sec. 15-4200. Maximum Length of a Tractor-Semitrailer 16 Combination. No truck tractor and semitrailer, unladen or 17 with load, shall exceed the following length limitations when 18 operating on the highways in this State. 19 (a) Local Highways. 20 (1) On local highways, the extreme overall 21 dimension shall not exceed 55 feet, except that the 22 combination when specially designed to transport motor 23 vehicles may have a length of 60 feet extreme overall 24 dimension, subject to those exceptions and special rules 25 otherwise stated in this Chapter. 26 (2) Local authorities and road district 27 commissioners with respect to streets and highways under 28 their jurisdiction, may also by ordinance or resolution 29 allow the length limitations of subsection (c). 30 (b) Class III and Non-Designated State Highways. On -30- LRB9008713WHdvB 1 Class III highways and non-designated State highways, the 2 wheelbase between the front axle and the rear axle in a truck 3 tractor-semitrailer combination shall not exceed 55 feet, or 4 no truck tractor and semitrailer, unladen or with load, shall 5 exceed a length of 65 feet between extreme overall 6 dimensions; the length of the semitrailer, unladen or with 7 load, shall not exceed 53 feet; and the distance between the 8 kingpin and the center of the rear axle of a semitrailer 9 longer than 48 feet shall not exceed 42 feet, 6 inches. 10 (c) Class I and Class II Highways. 11 (1) There is no overall length limitation on truck 12 tractor-semitrailer combinations operating upon Class I 13 or Class II highways; provided that the length of the 14 semitrailer unit, unladen or with load, shall not exceed 15 53 feet and the distance between the kingpin and the 16 center of the rear axle of a semitrailer longer than 48 17 feet shall not exceed 45 feet, 6 inches. 18 (2) The length limitations described in this 19 subsection (c) are exclusive of safety and energy 20 conservation devices, such as rear view mirrors, turn 21 signals, marker lamps, steps and handholds for entry and 22 egress, flexible fender extensions, bumpers, mudflaps and 23 splash and spray suppressant devices, load-induced tire 24 bulge, refrigeration units or air compressors and other 25 devices, that the Department may interpret as necessary 26 for safe and efficient operation; except that no device 27 excluded under this paragraph (2) shall have by its 28 design or use the capability to carry cargo. 29 (3) Vehicles operating under this subsection (c) 30 shall have access for a distance of one highway mile to 31 or from a Class I highway on any street or highway, 32 unless there is a sign prohibiting the access, or 5 33 highway miles to or from a Class I or II highway on a 34 street or highway included in the system of State -31- LRB9008713WHdvB 1 highways and upon any street or highway designated by 2 local authorities or road district commissioners, without 3 additional fees, to points of loading and unloading and 4 to facilities for food, fuel, repairs and rest. All 5 household goods carriers, when operating under this 6 subsection (c), shall have access to points of loading 7 and unloading. 8 (625 ILCS 5/15-4300 new) 9 Sec. 15-4300. Maximum Length of a 10 Tractor-Semitrailer-Trailer Combination. A truck 11 tractor-semitrailer may draw one trailer provided that no 12 truck tractor-semitrailer-trailer combination shall exceed 13 the following length limitations when operating on the 14 highways in this State. 15 (a) Local Highways, Class III Highways and 16 Non-Designated State Highways. 17 (1) On local highways, Class III highways and 18 non-designated State highways, no truck 19 tractor-semitrailer-trailer combination shall exceed a 20 length of 60 feet extreme overall dimension. 21 (2) Local authorities and road district 22 commissioners with respect to streets and highways under 23 their jurisdiction, may also by ordinance or resolution 24 allow the length limitations of subsection (b). 25 (b) Class I and Class II Highways. 26 (1) There is no overall length limitation on truck 27 tractor-semitrailer-trailer combinations operating upon 28 Class I or Class II highways; provided that the length of 29 any semitrailer or trailer, unladen or with load, shall 30 not exceed 28 feet 6 inches, and provided that on Class 31 II highways the wheelbase between the front axle and rear 32 axle shall not exceed 65 feet. 33 (2) The length limitations described in this -32- LRB9008713WHdvB 1 subsection (b) are exclusive of safety and energy 2 conservation devices, such as rear view mirrors, turn 3 signals, marker lamps, steps and handholds for entry and 4 egress, flexible fender extensions, bumpers, mudflaps and 5 splash and spray suppressant devices, load-induced tire 6 bulge, refrigeration units or air compressors and other 7 devices, that the Department may interpret as necessary 8 for safe and efficient operation; except that no device 9 excluded under this paragraph (2) shall have by its 10 design or use the capability to carry cargo. 11 (3) Vehicles operating under this subsection (b) 12 shall have access for a distance of one highway mile to 13 or from a Class I highway on any street or highway, 14 unless there is a sign prohibiting the access, or 5 15 highway miles to or from a Class I or II highway on a 16 street or highway included in the system of State 17 highways and upon any street or highway designated by 18 local authorities or road district commissioners, without 19 additional fees, to points of loading and unloading and 20 to facilities for food, fuel, repairs and rest. All 21 household goods carriers, when operating under this 22 subsection (b), shall have access to points of loading 23 and unloading. 24 (625 ILCS 5/15-4400 new) 25 Sec. 15-4400. Maximum length of all other combinations. 26 (a) A truck tractor-semitrailer may draw a converter 27 dolly or a vehicle that is special mobile equipment, provided 28 that the extreme overall dimension of the combination shall 29 not exceed 60 feet when operating on any highway in this 30 State. 31 (b) For the purposes of this Article, a tow-dolly that 32 merely serves as substitute wheels for another legally 33 licensed vehicle shall be considered part of the vehicle and -33- LRB9008713WHdvB 1 not as a separate vehicle. 2 (c) (1) A truck in transit may draw 3 trucks in transit 3 coupled together by the triple saddlemount method, 4 provided that the extreme overall length shall not exceed 5 75 feet on Class I highways, 65 feet on Class II highways 6 and 60 feet on all other highways in this State. 7 (2) The length limitations described in this 8 subsection (c) are exclusive of safety and energy 9 conservation devices, such as rear view mirrors, turn 10 signals, marker lamps, steps and handholds for entry and 11 egress, flexible fender extensions, bumpers, mudflaps and 12 splash and spray suppressant devices, load-induced tire 13 bulge, refrigeration units or air compressors and other 14 devices, that the Department may interpret as necessary 15 for safe and efficient operation; except that no device 16 excluded under this paragraph (2) shall have by its 17 design or use the capability to carry cargo. 18 (3) Vehicles operating under this subsection (c) 19 shall have access for a distance of one highway mile to 20 or from a Class I highway on any street or highway, 21 unless there is a sign prohibiting the access, or 5 22 highway miles to or from a Class I or II highway on a 23 street or highway included in the system of State 24 highways and upon any street or highway designated by 25 local authorities or road district commissioners, without 26 additional fees, to points of loading and unloading and 27 to facilities for food, fuel, repairs and rest. All 28 household goods carriers, when operating under this 29 subsection (c), shall have access to points of loading 30 and unloading. 31 (d) No other combinations of vehicles coupled together 32 operating on any highway in this State shall consist of more 33 than 2 vehicles, except as provided in Articles VI through IX 34 of this Chapter. -34- LRB9008713WHdvB 1 (625 ILCS 5/15-4500 new) 2 Sec. 15-4500. Violations. A person convicted of 3 violating the provisions of this Article is subject to the 4 penalty provided in subsection (b) of Section 15-10100. 5 (625 ILCS 5/Chap. 15, Art. V heading new) 6 ARTICLE V. MAXIMUM WEIGHT OF VEHICLES 7 (625 ILCS 5/15-5000 new) 8 Sec. 15-5000. General. No exceptions to the provisions 9 of this Article are permitted, except as otherwise provided 10 in Articles VI through IX of this Chapter. 11 (625 ILCS 5/15-5100 new) 12 Sec. 15-5100. Axle Gross Weights. 13 (a) Local highways and non-designated State highways. 14 (1) No vehicle or combination of vehicles shall be 15 operated, unladen or with load, upon local highways or 16 non-designated State highways when the gross weight on 17 the road surface through any single axle exceeds 18,000 18 pounds, except when a lower limit is established and 19 posted in accordance with Section 15-1200 and except for 20 2 axle vehicles weighing 36,000 pounds or less which are 21 not a part of a combination. These vehicles may transmit 22 20,000 pounds on any single axle. 23 (2) Cities having a population of more than 50,000 24 may permit by ordinance axle loads on 2-axle motor 25 vehicles 33 1/2% above those provided in this subsection, 26 but the increase shall not become effective until the 27 city has officially notified the Department of the 28 passage of the ordinance and shall not apply to those 29 vehicles when outside of the limits of the city, nor 30 shall the gross weight of any 2-axle motor vehicle 31 operating over any street of the city exceed 40,000 -35- LRB9008713WHdvB 1 pounds. 2 (b) Class I, Class II, and Class III highways. No 3 vehicle or combination of vehicles shall be operated, unladen 4 or with load, upon Class I, Class II, and Class III highways 5 when the gross weight on the road surface through any single 6 axle exceeds 20,000 pounds, except when a lower limit is 7 established and posted in accordance with Section 15-1200. 8 (625 ILCS 5/15-5200 new) 9 Sec. 15-5200. Tandem Axle Gross Weights. 10 (a) Local highways and non-designated State highways. 11 No vehicle or combination of vehicles shall be operated, 12 unladen or with load, upon local highways or non-designated 13 State highways when the gross weight on the road surface 14 through any tandem axle exceeds 32,000 pounds, except when a 15 lower limit is established and posted in accordance with 16 Section 15-1200. No axle in the tandem shall exceed the 17 maximum weight permitted under Section 15-5100 for a single 18 axle. 19 (b) Class I, Class II, and Class III highways. No 20 vehicle or combination of vehicles shall be operated, unladen 21 or with load, upon Class I, Class II, and Class III highways 22 when the gross weight on the road surface through any tandem 23 axle exceeds 34,000 pounds, except when a lower limit is 24 established and posted in accordance with Section 15-1200. 25 (625 ILCS 5/15-5300 new) 26 Sec. 15-5300. Vehicle Gross Weights. 27 (a) Local highways and non-designated State highways. 28 (1) The gross weight of vehicles and combinations 29 of vehicles, unladen or with load, operating on local 30 highways or non-designated State highways, shall be 31 subject to the limitations of Sections 15-5100 and 32 15-5200 and further shall not exceed the following gross -36- LRB9008713WHdvB 1 weights dependent upon the number of axles and distance 2 between extreme axles of the vehicle or combination 3 measured longitudinally to the nearest foot. Provided 4 that on a 4 axle vehicle or on a 5 or more axle 5 combination of vehicles the weight on a series of 3 axles 6 whose centers are more than 96 inches apart, measured 7 between extreme axles in the series, shall not exceed 8 those allowed on 3 axles in the table contained in 9 subsection (b) and no axle or tandem of the series shall 10 exceed the maximum weight permitted under Sections 11 15-5100 and 15-5200. 12 VEHICLES HAVING 2 AXLES ....................... 36,000 pounds 13 VEHICLES OR COMBINATIONS 14 HAVING 3 AXLES 15 With Tandem With or 16 Axles Without 17 Tandem Axles 18 Minimum Minimum 19 distance to Maximum distance to Maximum 20 nearest foot Gross nearest foot Gross 21 between Weight between Weight 22 extreme axles (pounds) extreme axles (pounds) 23 10 feet 41,000 16 feet 46,000 24 11 42,000 17 47,000 25 12 43,000 18 47,500 26 13 44,000 19 48,000 27 14 44,500 20 49,000 28 15 45,000 21 feet or more 50,000 29 VEHICLES OR COMBINATIONS 30 HAVING 4 AXLES 31 Minimum Minimum 32 distance to Maximum distance to Maximum 33 nearest foot Gross nearest foot Gross -37- LRB9008713WHdvB 1 between Weight between Weight 2 extreme axles (pounds) extreme axles (pounds) 3 15 feet 50,000 26 feet 57,500 4 16 50,500 27 58,000 5 17 51,500 28 58,500 6 18 52,000 29 59,500 7 19 52,500 30 60,000 8 20 53,500 31 60,500 9 21 54,000 32 61,500 10 22 54,500 33 62,000 11 23 55,500 34 62,500 12 24 56,000 35 63,500 13 25 56,500 36 feet or more 64,000 14 VEHICLES HAVING 4 OR MORE AXLES, NOT IN COMBINATION 15 In determining gross weight for a vehicle having more than 4 16 axles that is not in combination, only 4 axles shall be 17 considered and the above table for 4-axle vehicles shall be 18 used in determining the maximum gross weights. 19 COMBINATIONS HAVING 5 OR MORE AXLES 20 Minimum distance to Maximum 21 nearest foot between Gross Weight 22 extreme axles (pounds) 23 42 feet or less 72,000 24 43 73,000 25 44 feet or more 73,280 26 TRUCKS EQUIPPED WITH SELFCOMPACTORS OR ROLL-OFF 27 HOISTS AND ROLL-OFF CONTAINERS FOR 28 GARBAGE OR REFUSE HAULS ONLY AND 29 TRUCKS USED FOR THE COLLECTION 30 OF RENDERING MATERIALS 31 On Highway Not Part of National System of Interstate and 32 Defense Highways 33 with 2 axles................................... 36,000 pounds 34 with 3 axles................................... 54,000 pounds -38- LRB9008713WHdvB 1 TWO AXLE TRUCKS EQUIPPED WITH 2 A FRONT LOADING COMPACTOR USED EXCLUSIVELY 3 FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING 4 with 2 axles................................... 40,000 pounds 5 (2) Local authorities and road district highway 6 commissioners, with respect to streets and highways under 7 their jurisdiction, without additional fees, may also by 8 ordinance or resolution allow the weight limitations of 9 subsection (b) provided the maximum gross weight on any 10 one axle shall not exceed 20,000 pounds and the maximum 11 gross weight on any tandem axle shall not exceed 34,000 12 pounds on designated Class II and Class III highways when 13 appropriate regulatory signs giving notice are erected 14 upon the street or highway or portion of any street or 15 highway affected by the ordinance or resolution. 16 (b) Class I, Class II and Class III highways. 17 (1) The gross weight of vehicles and combinations 18 of vehicles, unladen or with load, operating on Class I, 19 Class II and Class III highways, shall not exceed 80,000 20 pounds for vehicle combinations of 5 axles or more, or a 21 gross weight on a group of 2 or more consecutive axles in 22 excess of that weight produced by the application of the 23 following formula, hereinafter referred to as the bridge 24 formula: W = 500 times the sum of (LN divided by N-1) + 25 12N + 36 where "W" equals overall gross weight on any 26 group of 2 or more consecutive axles to the nearest 500 27 pounds; "L" equals the distance measured to the nearest 28 foot between extremes of any group of 2 or more 29 consecutive axles; and "N" equals the number of axles in 30 the group under consideration, except that 2 consecutive 31 sets of tandem axles may carry a gross load of 34,000 32 pounds each, provided the overall distance between the 33 first and last axles of the consecutive sets of tandem 34 axles is 36 feet or more. -39- LRB9008713WHdvB 1 The above formula when expressed in tabular form results in 2 allowable loads as follows: 3 Distance measured 4 to the nearest 5 foot between the 6 extremes of any Maximum load in pounds 7 group of 2 or carried on any group of 8 more consecutive 2 or more consecutive axles 9 axles 10 feet 2 axles 3 axles 4 axles 5 axles 6 axles 11 4 34,000 12 5 34,000 13 6 34,000 14 7 34,000 15 8 38,000* 42,000 16 9 39,000 42,500 17 10 40,000 43,500 18 11 44,000 19 12 45,000 50,000 20 13 45,500 50,500 21 14 46,500 51,500 22 15 47,000 52,000 23 16 48,000 52,500 58,000 24 17 48,500 53,500 58,500 25 18 49,500 54,000 59,000 26 19 50,000 54,500 60,000 27 20 51,000 55,500 60,500 66,000 28 21 51,500 56,000 61,000 66,500 29 22 52,500 56,500 61,500 67,000 30 23 53,000 57,500 62,500 68,000 31 24 54,000 58,000 63,000 68,500 32 25 54,500 58,500 63,500 69,000 33 26 55,500 59,500 64,000 69,500 34 27 56,000 60,000 65,000 70,000 -40- LRB9008713WHdvB 1 28 57,000 60,500 65,500 71,000 2 29 57,500 61,500 66,000 71,500 3 30 58,500 62,000 66,500 72,000 4 31 59,000 62,500 67,500 72,500 5 32 60,000 63,500 68,000 73,000 6 33 64,000 68,500 74,000 7 34 64,500 69,000 74,500 8 35 65,500 70,000 75,000 9 36 66,000 70,500 75,500 10 37 66,500 71,000 76,000 11 38 67,500 72,000 77,000 12 39 68,000 72,500 77,500 13 40 68,500 73,000 78,000 14 41 69,500 73,500 78,500 15 42 70,000 74,000 79,000 16 43 70,500 75,000 80,000 17 44 71,500 75,500 18 45 72,000 76,000 19 46 72,500 76,500 20 47 73,500 77,500 21 48 74,000 78,000 22 49 74,500 78,500 23 50 75,500 79,000 24 51 76,000 80,000 25 52 76,500 26 53 77,500 27 54 78,000 28 55 78,500 29 56 79,500 30 57 80,000 31 *If the distance between 2 axles is 96 inches or less, the 2 32 axles are tandem axles and the maximum load permitted is 33 34,000 pounds, notwithstanding the higher limit resulting 34 from the application of the formula. -41- LRB9008713WHdvB 1 (2) In applying the above formula to a vehicle 2 having more than 4 axles that is not a combination, only 3 4 axles shall be considered in determining the maximum 4 gross weight, and for a combination of vehicles having 5 more than 6 axles, only 6 axles shall be considered in 6 determining the maximum gross weight. 7 (3) Vehicles operating under this subsection shall 8 have access for a distance of one highway mile to or from 9 a Class I highway on any street or highway, unless there 10 is a sign prohibiting the access, or 5 highway miles to 11 or from either a Class I, II, or III highway on a street 12 or highway included in the system of State highways and 13 upon any street or highway designated by local 14 authorities or road district commissioners to points of 15 loading and unloading and to facilities for food, fuel, 16 repairs and rest. 17 (625 ILCS 5/15-5400 new) 18 Sec. 15-5400. Violations. A person convicted of 19 violating the provisions of this Article is subject to the 20 penalty provided in subsection (a) of Section 15-10100. 21 (625 ILCS 5/Chap. 15, Art. VI heading new) 22 ARTICLE VI. SPECIFICATIONS AND 23 EXCEPTIONS FOR VEHICLE LOADS 24 (625 ILCS 5/15-6000 new) 25 Sec. 15-6000. Vehicle Loads. 26 (a) (1) The load upon any vehicle operated alone, or the 27 load upon the front vehicle of a combination of vehicles, 28 shall not extend more than 3 feet beyond the front wheels 29 of the vehicle or the front bumper of the vehicle if it 30 is equipped with a front bumper. 31 (2) The provisions of this subsection (a) shall not -42- LRB9008713WHdvB 1 apply to any vehicle or combination of vehicles 2 specifically designed for the collection and 3 transportation of waste, garbage, or recyclable materials 4 during the vehicle's operation in the course of 5 collecting garbage, waste, or recyclable materials if the 6 vehicle is traveling at a speed not in excess of 15 miles 7 per hour during the vehicle's operation and in the course 8 of collecting garbage, waste, or recyclable materials. 9 However, in no instance shall the load extend more than 7 10 feet beyond the front wheels of the vehicle or the front 11 bumper of the vehicle if it is equipped with a front 12 bumper. 13 (b) The load upon the front vehicle of a combination of 14 vehicles specifically designed to transport motor vehicles 15 shall not extend more than 3 feet beyond the foremost part of 16 the transporting vehicle and the load upon the rear 17 transporting vehicle shall not extend more than 4 feet beyond 18 the rear of the bed or body of the vehicle. This subsection 19 (b) applies only to vehicles operating on Class I and Class 20 II highways. 21 (625 ILCS 5/15-6100 new) 22 Sec. 15-6100. Projecting Loads on Passenger Vehicles. 23 No passenger-type vehicle shall be operated on any highway 24 with any load carried on the vehicle extending beyond the 25 line of the fenders on the left side of the vehicle nor 26 extending more than 6 inches beyond the line of the fenders 27 on the right side of the vehicle. 28 (625 ILCS 5/15-6200 new) 29 Sec. 15-6200. Protruding Components of Vehicles. No 30 vehicle with boom, arm, drill rig, or other protruding 31 component shall be operated upon the highway unless the 32 protruding component is fastened so as to prevent shifting, -43- LRB9008713WHdvB 1 bouncing or moving in any manner. 2 (625 ILCS 5/15-6300 new) 3 Sec. 15-6300. Spilling Loads on Highways Prohibited. 4 (a) No vehicle shall be driven or moved on any highway 5 unless the vehicle is so constructed or loaded as to prevent 6 any of its load from dropping, shifting, leaking or otherwise 7 escaping therefrom, except that sand may be dropped for the 8 purpose of securing traction, or water or other substance may 9 be sprinkled on a roadway in cleaning or maintaining the 10 roadway. 11 (b) No person shall operate on any highway any vehicle 12 with any load unless the load and any covering on the load is 13 securely fastened so as to prevent the covering or load from 14 becoming loose, detached, or in any manner a hazard to other 15 users of the highway. 16 (c) The Department shall adopt such rules as it deems 17 appropriate which require the securing of steel rolls and 18 other objects on flatbed trucks so as to prevent injury to 19 users of highways and damage to property. 20 (625 ILCS 5/15-6400 new) 21 Sec. 15-6400. Covers or Tarpaulins Required for Certain 22 Loads. 23 (a) No person shall operate or cause to be operated, on 24 a highway, any second division vehicle loaded with dirt, 25 aggregate, garbage, refuse, or other similar material, when 26 any portion of the load is falling, sifting, blowing, 27 dropping or in any way escaping from the vehicle. 28 (b) This Section shall not apply to the operation of 29 highway maintenance vehicles engaged in removing snow and ice 30 from the roadway, nor to implements of husbandry or other 31 farm vehicles while transporting agricultural products to or 32 from the original place of production. -44- LRB9008713WHdvB 1 (c) For the purposes of this Section "aggregate" shall 2 include all ores, minerals, sand, gravel, shale, coal, clay, 3 limestone or any other ore or mineral which may be mined. 4 (d) Notwithstanding any other penalty, whenever a police 5 officer determines that the operator of a vehicle is in 6 violation of this Section, as evidenced by the issuance of a 7 citation for a violation of Section 15-6400 of this Code, the 8 police officer shall require the operator to stop the vehicle 9 in a suitable place and keep the vehicle stationary until the 10 load has either been reduced, secured or covered with a cover 11 or tarpaulin of sufficient size to prevent any further 12 violation of this Section. 13 (625 ILCS 5/15-6500 new) 14 Sec. 15-6500. Vehicles Transporting Loads That Cannot Be 15 Dismantled. 16 (a) Length limitations included in Article IV of this 17 Chapter shall not apply to vehicles or combinations operated 18 on any highway in this State during the daytime, except on 19 Saturdays, Sundays or legal holidays, when transporting 20 poles, pipe, machinery or other objects of a structural 21 nature that cannot readily be dismantled, provided that the 22 overall length of vehicle and load shall not exceed 100 feet 23 and no object exceeding 80 feet in length shall be 24 transported, unless a permit has first been obtained as 25 authorized in Article IX of this Chapter. 26 (b) Legal holidays referred to in this Section shall be 27 specified as the day on which the following traditional 28 holidays are celebrated: 29 New Year's Day; 30 Memorial Day; 31 Independence Day; 32 Labor Day; 33 Thanksgiving Day; and -45- LRB9008713WHdvB 1 Christmas Day. 2 (625 ILCS 5/15-6600 new) 3 Sec. 15-6600. Loads of Hay, Straw, or Other Similar Farm 4 Products. Except during those times when, due to 5 insufficient light or unfavorable atmospheric conditions, 6 persons and vehicles on the highway are not clearly 7 discernible at a distance of 1,000 feet, loads of hay, straw 8 or other similar farm products may exceed the width 9 limitations prescribed in Article III of this Chapter during 10 the period from a half hour before sunrise to a half hour 11 after sunset provided that the load is not more than 12 feet 12 wide. 13 (625 ILCS 5/15-6700 new) 14 Sec. 15-6700. Implements of Husbandry Being Transported 15 on Another Vehicle. 16 (a) Except during those times when, due to insufficient 17 light or unfavorable atmospheric conditions, persons and 18 vehicles on the highway are not clearly discernible at a 19 distance of 1,000 feet, implements of husbandry being 20 transported on another vehicle and the transporting vehicle 21 while loaded may exceed the width limitations prescribed in 22 Article III of this Chapter during the period from a half 23 hour before sunrise to a half hour after sunset. 24 (b) The following requirements apply to the 25 transportation on another vehicle of an implement of 26 husbandry wider than 8 feet 6 inches on interstates or other 27 highways in the system of State highways. 28 (1) The driver of a vehicle transporting an 29 implement of husbandry that exceeds 8 feet 6 inches in 30 width shall obey all traffic laws and shall check the 31 roadways prior to making a movement in order to ensure 32 that adequate clearance is available for the movement. It -46- LRB9008713WHdvB 1 is prima facie evidence that the driver of a vehicle 2 transporting an implement of husbandry has failed to 3 check the roadway prior to making a movement if the 4 vehicle is involved in a collision with a bridge, 5 overpass, fixed structure, or properly placed traffic 6 control device or if the vehicle blocks traffic due to 7 its inability to proceed because of a bridge, overpass, 8 fixed structure, or properly placed traffic control 9 device. 10 (2) Flags shall be displayed so as to wave freely 11 at the extremities of overwidth objects and at the 12 extreme ends of all protrusions, projections, and 13 overhangs. All flags shall be clean, bright red flags 14 with no advertising, wording, emblem, or insignia 15 inscribed upon them and at least 18 inches square. 16 (3) "OVERSIZE LOAD" signs are mandatory on the 17 front and rear of all vehicles with loads over 10 feet 18 wide. These signs must have 12-inch high black letters 19 with a 2-inch stroke on a yellow sign that is 7 feet wide 20 by 18 inches high. 21 (4) One civilian escort vehicle is required for a 22 load that exceeds 14 feet 6 inches in width and 2 23 civilian escort vehicles are required for a load that 24 exceeds 16 feet in width on interstates or other highways 25 in the system of State highways. 26 (5) The requirements for a civilian escort vehicle 27 and driver are as follows: 28 (A) The civilian escort vehicle shall be a 29 passenger car or a second division vehicle not 30 exceeding a gross vehicle weight of 8,000 pounds 31 that is designed to afford clear and unobstructed 32 vision to both front and rear. 33 (B) The escort vehicle driver must be properly 34 licensed to operate the vehicle. -47- LRB9008713WHdvB 1 (C) While in use, the escort vehicle must be 2 equipped with illuminated rotating, oscillating, or 3 flashing amber lights or flashing amber strobe 4 lights mounted on top that are of sufficient 5 intensity to be visible at 500 feet in normal 6 sunlight. 7 (D) "OVERSIZE LOAD" signs are mandatory on all 8 escort vehicles. The sign on an escort vehicle shall 9 have 8-inch high black letters on a yellow sign that 10 is 5 feet wide by 12 inches high. 11 (E) When only one escort vehicle is required 12 and it is operating on a two-lane highway, the 13 escort vehicle shall travel approximately 300 feet 14 ahead of the load. The rotating, oscillating, or 15 flashing lights or flashing amber strobe lights and 16 an "OVERSIZE LOAD" sign shall be displayed on the 17 escort vehicle and shall be visible from the front. 18 When only one escort vehicle is required and it is 19 operating on a multilane divided highway, the escort 20 vehicle shall travel approximately 300 feet behind 21 the load and the sign and lights shall be visible 22 from the rear. 23 (F) When 2 escort vehicles are required, one 24 escort shall travel approximately 300 feet ahead of 25 the load and the second escort shall travel 26 approximately 300 feet behind the load. The 27 rotating, oscillating, or flashing lights or 28 flashing amber strobe lights and an "OVERSIZE LOAD" 29 sign shall be displayed on the escort vehicles and 30 shall be visible from the front on the lead escort 31 and from the rear on the trailing escort. 32 (G) When traveling within the corporate limits 33 of a municipality, the escort vehicle shall maintain 34 a reasonable and proper distance from the oversize -48- LRB9008713WHdvB 1 load, consistent with existing traffic conditions. 2 (H) A separate escort shall be provided for 3 each load hauled. 4 (I) The driver of an escort vehicle shall obey 5 all traffic laws. 6 (J) The escort vehicle must be in safe 7 operational condition. 8 (K) The driver of the escort vehicle must be 9 in radio contact with the driver of the vehicle 10 carrying the oversize load. 11 (6) A transport vehicle while under load of more 12 than 8 feet 6 inches in width must be equipped with 13 illuminated rotating, oscillating, or flashing amber 14 lights or flashing amber strobe lights mounted on the top 15 of the cab or on the load that are of sufficient 16 intensity to be visible at 500 feet in normal sunlight. 17 (7) When a flashing amber light is required on the 18 transport vehicle under load and it is operating on a 19 two-lane highway, the transport vehicle shall display to 20 the rear at least one rotating, oscillating, or flashing 21 light or a flashing amber strobe light and an "OVERSIZE 22 LOAD" sign. When a flashing amber light is required on 23 the transport vehicle under load and it is operating on a 24 multilane divided highway, the sign and light shall be 25 visible from the rear. 26 (8) Maximum speed shall be 45 miles per hour on all 27 such moves or 5 miles per hour above the posted minimum 28 speed limit, whichever is greater, but the vehicle shall 29 not at any time exceed the posted maximum speed limit. 30 (625 ILCS 5/15-6800 new) 31 Sec. 15-6800. Vehicles Specifically Designed to 32 Transport Motor Vehicles. 33 (a) A combination of vehicles specifically designed to -49- LRB9008713WHdvB 1 transport motor vehicles or boats is allowed 65 feet maximum 2 overall length on Class I and Class II highways. The maximum 3 overall length on all other highways is 60 feet. 4 (b) A stinger steered combination of vehicles 5 specifically designed to transport motor vehicles or boats 6 traveling on a Class I or Class II highway is allowed 75 feet 7 maximum overall length, with the length limitations inclusive 8 of front and rear bumpers but exclusive of the overhang of 9 the transported vehicles as provided for in subsection (b) of 10 Section 15-6000. The maximum overall length on all other 11 highways is 60 feet. 12 (c) The length limitations described in this Section 13 shall be exclusive of safety and energy conservation devices, 14 such as rear view mirrors, turn signals, marker lamps, steps 15 and handholds for entry and egress, flexible fender 16 extensions, bumpers, mudflaps and splash and spray 17 suppressant devices, load-induced tire bulge, refrigeration 18 units or air compressors and other devices, that the 19 Department may interpret as necessary for safe and efficient 20 operation; except that no device excluded under this 21 subsection (c) shall have by its design or use the capability 22 to carry cargo. 23 (d) Vehicles operating under this Section shall have 24 access for a distance of one highway mile to or from a Class 25 I highway on any street or highway, unless there is a sign 26 prohibiting the access, or 5 highway miles to or from a Class 27 I or II highway on a street or highway included in the system 28 of State highways and upon any street or highway designated 29 by local authorities or road district commissioners, without 30 additional fees, to points of loading and unloading and to 31 facilities for food, fuel, repairs and rest. 32 (625 ILCS 5/15-6900 new) 33 Sec. 15-6900. Vehicles Hauling Portable Buildings Used -50- LRB9008713WHdvB 1 for Agricultural Operations. 2 (a) Except during those times when, due to insufficient 3 light or unfavorable atmospheric conditions, persons and 4 vehicles on the highway are not clearly discernible at a 5 distance of 1,000 feet, portable buildings designed and used 6 for agricultural and livestock raising operations that are 7 not more than 14 feet wide and with not more than a 1 foot 8 overhang along the left side of the hauling vehicle, may 9 exceed the width limitations prescribed in Article III of 10 this Chapter during the period from a half hour before 11 sunrise to a half hour after sunset. However, the buildings 12 shall not be transported more than 10 miles and not on any 13 interstate highway. 14 (b) All buildings when being transported shall display 15 at least 2 red cloth flags, not less than 12 inches square, 16 mounted as high as practicable on the left and right side of 17 the building. 18 (c) A State Police escort shall be required if it is 19 necessary for this load to use part of the left lane when 20 crossing any 2 lane State highway bridge. 21 (625 ILCS 5/15-6950 new) 22 Sec. 15-6950. Other Restrictions. All vehicles and 23 combinations with loads operating under the provisions of 24 this Article shall meet all other size and weight 25 requirements prescribed in Articles II, III, IV, and V, 26 unless a permit is obtained otherwise pursuant to Article IX. 27 (625 ILCS 5/15-6990 new) 28 Sec. 15-6990. Violations. A person convicted of 29 violating the provisions of this Article is subject to the 30 penalty provided in Section 15-10100. 31 (625 ILCS 5/Chap. 15, Art. VII heading new) -51- LRB9008713WHdvB 1 ARTICLE VII. SPECIFICATIONS AND EXCEPTIONS 2 FOR CERTAIN VEHICLES 3 (625 ILCS 5/15-7000 new) 4 Sec. 15-7000. Fire Apparatus or Equipment for Snow and 5 Ice Removal. The provisions of this Chapter governing size, 6 weight and load do not apply to fire apparatus or equipment 7 for snow and ice removal operations owned or operated by any 8 governmental body. 9 (625 ILCS 5/15-7100 new) 10 Sec. 15-7100. Implements of Husbandry. The provisions 11 of this Chapter governing size, weight and load do not apply 12 to implements of husbandry, as defined in Chapter 1 of this 13 Code, temporarily operated or towed in a combination upon a 14 highway if the combination does not consist of more than 3 15 vehicles or, in the case of hauling fresh, perishable fruits 16 or vegetables from farm to the point of first processing, not 17 more than 3 wagons being towed by an implement of husbandry; 18 except single unit self propelled agricultural fertilizer 19 implements, designed for both on and off road use, equipped 20 with flotation tires and otherwise specially adapted for the 21 application of plant food materials or agricultural chemicals 22 shall be limited to a maximum width of 12 feet when operated 23 on the road unladen or with load. 24 (625 ILCS 5/15-7200 new) 25 Sec. 15-7200. Vehicles Operated by a Public Utility. 26 (a) Any single axle of a 2 axle motor vehicle weighing 27 36,000 pounds or less equipped with a personnel lift or 28 digger derrick owned and operated by a public utility, may 29 transmit upon the road surface of any highway a maximum of 30 20,000 pounds. 31 (b) Weight limitations included in Article V of this -52- LRB9008713WHdvB 1 Chapter shall not apply to vehicles (including loads) 2 operated by a public utility when transporting equipment 3 required for emergency repair of public utility facilities or 4 properties or water wells. 5 (c) Length limitations included in Article IV of this 6 Chapter shall not apply to vehicles or combinations operated 7 by a public utility transporting poles, pipe, machinery or 8 other objects of a structural nature that cannot readily be 9 dismantled for emergency repair of public service facilities 10 or properties, but in respect to nighttime operation every 11 vehicle and the load on the vehicle shall be equipped with a 12 sufficient number of clearance lamps on both sides and marker 13 lamps upon the extreme ends of any projecting load to clearly 14 mark the dimensions of the load. 15 (625 ILCS 5/15-7300 new) 16 Sec. 15-7300. Vehicles Designed for Carrying More Than 17 10 Persons. 18 (a) Exemptions from the width limitations included in 19 Article III of this Chapter are granted to vehicles designed 20 for the carrying of more than 10 persons under the following 21 conditions: 22 (1) when operated within any public transportation 23 service with the approval of local authorities or an 24 appropriate public body authorized by law to provide 25 public transportation. Any vehicle so operated may be 8 26 feet 6 inches in width; or 27 (2) when a county engineer or superintendent of 28 highways, after giving due consideration to the mass 29 transportation needs of the area and to the width and 30 condition of the road, has determined that the operation 31 of buses wider than 8 feet will not pose an undue safety 32 hazard on a particular county or township road segment, 33 he or she may authorize buses not to exceed 8 feet 6 -53- LRB9008713WHdvB 1 inches in width on any highway under that engineer's or 2 superintendent's jurisdiction. 3 (b) Articulated vehicles comprised of 2 sections, 4 neither of which exceeds a length of 42 feet, designed for 5 the carrying of more than 10 persons, may be up to 60 feet in 6 length, not including energy absorbing bumpers, provided that 7 the vehicles are: 8 (1) operated by or for any public body or motor 9 carrier authorized by law to provide public 10 transportation services; or 11 (2) operated in local public transportation service 12 by any other person and the municipality in which the 13 service is to be provided approved the operation of the 14 vehicle. 15 (c) Charter or regulated route buses may be up to 45 16 feet in length, not including energy absorbing bumpers. 17 (625 ILCS 5/15-7400 new) 18 Sec. 15-7400. Special Hauling Vehicles. 19 (a) A 3-axle vehicle registered as a Special Hauling 20 Vehicle manufactured prior to or in the model year of 2004 21 and first registered in Illinois prior to January 1, 2005, 22 with a distance greater than 72 inches but not more than 96 23 inches between any series of 2 axles may transmit to the road 24 surface of any highway in this State a maximum weight of 25 18,000 pounds on each of these axles with a gross weight on 26 these 2 axles not to exceed 36,000 pounds. Any such vehicle 27 manufactured in the model year of 2004 or thereafter or first 28 registered in Illinois after December 31, 2004 must comply 29 with the axle and tandem weight restrictions set forth in 30 Sections 15-5100 and 15-5200 of this Code. 31 (b) A 3-axle truck mixer registered as a Special Hauling 32 Vehicle, used exclusively for the mixing and transportation 33 of concrete, specially equipped with a road surface engaging -54- LRB9008713WHdvB 1 mixer trailing 4th axle, manufactured prior to or in the 2 model year of 2004 and first registered in Illinois prior to 3 January 1, 2005, with a distance greater than 72 inches but 4 not more than 96 inches between any series of 2 axles may 5 transmit to the road surface of a local highway or 6 non-designated State highway a maximum weight of 18,000 7 pounds on each of these axles with a gross weight on these 2 8 axles not to exceed 36,000 pounds. Any such vehicle 9 manufactured in the model year of 2004 or thereafter or first 10 registered in Illinois after December 31, 2004 must comply 11 with the axle and tandem weight restrictions set forth in 12 Sections 15-5100 and 15-5200 of this Code. 13 (c) Combinations of vehicles registered as Special 14 Hauling Vehicles that include a semitrailer manufactured 15 prior to or in the model year of 2004 and first registered in 16 Illinois prior to January 1, 2005, having 5 axles with a 17 distance of 42 feet or less between extreme axles may have a 18 gross weight of 72,000 pounds provided the weight shall not 19 exceed 18,000 pounds on a single axle or 32,000 pounds on a 20 tandem, and shall not be subject to the bridge formula on 21 Class I, Class II, and Class III highways if it meets these 22 weight restrictions. For all those combinations of vehicles 23 that include a semitrailer manufactured after September 9, 24 1986, the overall distance between the first and last axles 25 of the 2 sets of tandems must be 18 feet 6 inches or more. 26 All combinations of vehicles registered as Special Hauling 27 Vehicles that include a semitrailer manufactured in the model 28 year of 2004 or thereafter or first registered in Illinois 29 after December 31, 2004, or that has had its cargo container 30 replaced in its entirety after December 31, 2004, are limited 31 to the gross weight allowed by the bridge formula. 32 (625 ILCS 5/15-7500 new) 33 Sec. 15-7500. Garbage or Refuse Operations. -55- LRB9008713WHdvB 1 (a) A truck, not in combination and specially equipped 2 with a selfcompactor or an industrial roll-off hoist and 3 roll-off container, used exclusively for garbage or refuse 4 operations may, when laden, transmit upon the road surface of 5 any highway except an interstate highway, a gross weight upon 6 a single axle not more than 22,000 pounds and upon a tandem 7 axle not more than 40,000 pounds. When unladen, however, 8 those trucks shall comply with the axle limitations 9 applicable to all other trucks. These vehicles must comply 10 with the gross weight restrictions provided in subsection (a) 11 of Section 15-5300 and are not subject to the bridge formula, 12 provided they are not operated on an interstate highway. 13 (b) A 2-axle truck specially equipped with a front 14 loading compactor used exclusively for garbage, refuse, or 15 recycling may transmit upon the road surface of any highway 16 20,000 pounds per axle provided that the gross weight of the 17 vehicle does not exceed 40,000 pounds. 18 (625 ILCS 5/15-7600 new) 19 Sec. 15-7600. Rendering Operations. A truck used 20 exclusively for the collection of rendering materials may, 21 when laden, transmit upon the road surface of any highway 22 except an interstate highway, a gross weight upon a single 23 axle not more than 22,000 pounds and upon a tandem axle not 24 more than 40,000 pounds. When unladen, however, those trucks 25 shall comply with the axle limitations applicable to all 26 other trucks. These vehicles must comply with the gross 27 weight restrictions provided in subsection (a) of Section 28 15-5300. 29 (625 ILCS 5/15-7700 new) 30 Sec. 15-7700. Maxi-cube Vehicles. 31 (a) Maxi-cube combinations shall not exceed 65 feet 32 overall length on Class I and Class II highways, and neither -56- LRB9008713WHdvB 1 the semi-trailer nor the trailing unit in the combination 2 shall by itself exceed 34 feet in length. The maximum 3 overall length on all other highways is 60 feet. 4 (b) The length limitations described in this Section are 5 exclusive of safety and energy conservation devices, such as 6 rear view mirrors, turn signals, marker lamps, steps and 7 handholds for entry and egress, flexible fender extensions, 8 bumpers, mudflaps and splash and spray suppressant devices, 9 load-induced tire bulge, refrigeration units or air 10 compressors and other devices, that the Department may 11 interpret as necessary for safe and efficient operation; 12 except that no device excluded under this subsection (b) 13 shall have by its design or use the capability to carry 14 cargo. 15 (c) Vehicles operating under this Section shall have 16 access for a distance of one highway mile to or from a Class 17 I highway on any street or highway, unless there is a sign 18 prohibiting the access, or 5 highway miles to or from a Class 19 I or II highway on a street or highway included in the system 20 of State highways and upon any street or highway designated 21 by local authorities or road district commissioners, without 22 additional fees, to points of loading and unloading and to 23 facilities for food, fuel, repairs and rest. All household 24 goods carriers, when operating under this Section, shall have 25 access to points of loading and unloading. 26 (625 ILCS 5/15-7800 new) 27 Sec. 15-7800. Other Restrictions. All vehicles and 28 combinations operating under the provisions of this Article 29 shall meet all other size and weight requirements prescribed 30 in Articles II, III, IV, and V, unless a permit is obtained 31 otherwise pursuant to Article IX. 32 (625 ILCS 5/15-7900 new) -57- LRB9008713WHdvB 1 Sec. 15-7900. Violations. A person convicted of 2 violating the provisions of this Article is subject to the 3 penalty provided in Section 15-10100. 4 (625 ILCS 5/Chap. 15, Art. VIII heading new) 5 ARTICLE VIII. TOWING OPERATIONS 6 (625 ILCS 5/15-8000 new) 7 Sec. 15-8000. Towing Operations. 8 (a) When one vehicle is towing another, the drawbar or 9 other connection shall be of sufficient strength to pull all 10 the weight towed thereby and the drawbar or other connection 11 shall not exceed 15 feet from one vehicle to the other, 12 except for the connection between any 2 vehicles transporting 13 poles, pipes, machinery or other objects of structural nature 14 which cannot readily be dismembered. 15 (b) Outside a business, residential or suburban district 16 or on any controlled access highway, no vehicle other than a 17 pole trailer or a semitrailer which is being towed by a truck 18 tractor and is connected by the means of a fifth wheel shall 19 be towed on a roadway except by a drawbar and each such 20 vehicle so towed shall, in addition, be coupled with 2 safety 21 chains or cables to the towing vehicle. Such chains or cables 22 shall be of sufficient size and strength to prevent the towed 23 vehicle parting from the drawing vehicle in case the drawbar 24 should break or become disengaged. 25 (c) The provisions of this Section shall not apply to 26 any second division vehicle owned, operated or controlled by 27 any person who is registered with the Bureau of Motor Carrier 28 Safety of the Federal Highway Administration and has complied 29 with the federal safety provisions, rules and regulations of 30 the Bureau of Motor Carrier Safety of the Federal Highway 31 Administration. -58- LRB9008713WHdvB 1 (625 ILCS 5/15-8100 new) 2 Sec. 15-8100. Weight Restriction Provisions for Towing 3 Operations. 4 (a) A combination of vehicles, including a tow truck and 5 a disabled vehicle or disabled combination of vehicles, that 6 exceeds the weight restriction imposed by this Chapter, may 7 be operated on a public highway in this State provided that 8 neither the disabled vehicle nor any vehicle being towed nor 9 the tow truck itself shall exceed the weight limitations 10 permitted under Article V of this Chapter. During the towing 11 operation, neither the tow truck nor the vehicle combination 12 shall exceed the following axle weight limitations: 13 (1) 24,000 pounds - Single rear axle; 14 (2) 44,000 pounds - Tandem rear axle. 15 (b) Gross weight limits shall not apply to the 16 combination of the tow truck and vehicles being towed. The 17 tow truck license plate must cover the operating empty weight 18 of the tow truck only. The weight of each vehicle being towed 19 shall be covered by a valid license plate issued to the owner 20 or operator of the vehicle being towed and displayed on that 21 vehicle. If no valid plate issued to the owner or operator of 22 that vehicle is displayed on that vehicle, or the plate 23 displayed on that vehicle does not cover the weight of the 24 vehicle, the weight of the vehicle shall be covered by the 25 third tow truck plate issued to the owner or operator of the 26 tow truck and temporarily affixed to the vehicle being towed. 27 In addition, the following conditions must be met. 28 (1) The towing vehicle must be: 29 (A) specifically designed as a tow truck 30 having a gross vehicle weight rating of at least 31 18,000 pounds and equipped with air brakes provided 32 that air brakes shall be required only if the towing 33 vehicle is towing a vehicle, semitrailer, or 34 tractor-trailer combination that is equipped with -59- LRB9008713WHdvB 1 airbrakes; 2 (B) equipped with flashing, rotating or 3 oscillating amber lights, visible for at least 500 4 feet in all directions; and 5 (C) capable of utilizing the lighting and 6 braking systems of the disabled vehicle or 7 combination of vehicles. 8 (2) The towing of the vehicles on the highways of 9 this State shall not exceed 20 miles from the initial 10 point of wreck or disablement. Any additional movement of 11 the vehicles shall only occur upon issuance of 12 authorization for that movement under the provisions of 13 Article IX of this Chapter. 14 (c) The Department may by rule prescribe additional 15 requirements. However, nothing in this Code shall prohibit a 16 tow truck under instructions of a police officer from legally 17 clearing a disabled vehicle, that may be in violation of 18 weight limitations of this Chapter, from the roadway to the 19 berm or shoulder of the highway. 20 (d) For the purpose of this Section, gross vehicle 21 weight rating, or GVWR, means the value specified by the 22 manufacturer as the loaded weight of the tow truck. 23 (625 ILCS 5/15-8200 new) 24 Sec. 15-8200. Length Restriction Provisions for Towing 25 Operations. 26 (a) A combination of vehicles, including a tow truck and 27 a disabled vehicle or disabled combination of vehicles, that 28 exceeds the length restriction imposed by this Chapter, may 29 be operated on any public highway in this State under the 30 conditions set forth in this subsection (a). 31 (1) The towing vehicle must be: 32 (A) specifically designed as a tow truck 33 having a gross vehicle weight rating of at least -60- LRB9008713WHdvB 1 18,000 pounds and equipped with air brakes; 2 (B) equipped with flashing, rotating or 3 oscillating amber lights, visible for a least 500 4 feet in all directions; and 5 (C) capable of utilizing the lighting and 6 braking systems of the disabled vehicle or 7 combination of vehicles. 8 (2) The towing of vehicles on the highways of this 9 State shall not exceed 50 miles from the initial point of 10 wreck or disablement. Any additional movement of the 11 vehicles shall only occur upon issuance of authorization 12 for that movement under the provisions of Article IX of 13 this Chapter. 14 (b) The Department may by rule prescribe additional 15 requirements regarding length limitations for a tow truck 16 towing another vehicle. 17 (c) For the purposes of this Section, gross vehicle 18 weight rating, or GVWR, means the value specified by the 19 manufacturer as the loaded weight of the tow truck. 20 (625 ILCS 5/15-8300 new) 21 Sec. 15-8300. Vehicles Towing 2 Recreational Vehicles. 22 A combination of 3 vehicles not to exceed 60 feet overall 23 length may be operated on any highway in this State, provided 24 that the vehicles meet the following requirements. 25 (1) The towing vehicle is a properly registered vehicle 26 capable of towing another vehicle using a fifth-wheel type 27 assembly. 28 (2) The second vehicle in the combination of vehicles 29 shall be a recreational vehicle that is towed by a 30 fifth-wheel assembly. This vehicle shall be properly 31 registered and be equipped with brakes regardless of weight. 32 (3) The third vehicle shall be the lightest of the 3 33 vehicles and be a trailer or semi-trailer designed and used -61- LRB9008713WHdvB 1 for transporting a boat, all-terrain vehicle, personal 2 watercraft, or motorcycle. 3 (4) The towed vehicles may only be for the use of the 4 operator of the towing vehicle. 5 (5) All vehicles shall be properly equipped with 6 operating brakes and safety equipment required by this Code, 7 except the additional brake requirement in paragraph (2) of 8 this Section. 9 (625 ILCS 5/15-8400 new) 10 Sec. 15-8400. Violations. A person convicted of 11 violating the provisions of this Article is subject to the 12 penalty provided in Section 15-10100. 13 (625 ILCS 5/Chap. 15, Art. IX heading new) 14 ARTICLE IX. PERMITS 15 (625 ILCS 5/15-9000 new) 16 Sec. 15-9000. Permits for Excess Size and Weight. 17 (a) The Department with respect to highways under its 18 jurisdiction and local authorities with respect to highways 19 under their jurisdiction may, in their discretion, upon 20 application and good cause being shown therefor, issue a 21 special permit authorizing the applicant to operate or move a 22 vehicle or combination of vehicles of a size or weight of 23 vehicle or load exceeding the maximum specified in this 24 Chapter or otherwise not in conformity with this Act upon any 25 highway under the jurisdiction of the party granting the 26 permit and for the maintenance of which the party is 27 responsible. Applications and permits other than those in 28 written or printed form may only be accepted from and issued 29 to the company or individual making the movement. Except for 30 an application to move directly across a highway, it is the 31 duty of the applicant to establish in the application that -62- LRB9008713WHdvB 1 the load to be moved by the vehicle or combination is 2 composed of a single nondivisible object that cannot 3 reasonably be dismantled or disassembled. More than one 4 object may be carried under permit as long as the carriage of 5 the additional object or objects does not cause the size or 6 weight of the vehicle or load to exceed beyond that required 7 for carriage of the single, nondivisible object itself. For 8 the purpose of over length movements, more than one object 9 may be carried side by side as long as the height, width, and 10 weight laws are not exceeded and the cause for the over 11 length is not due to multiple objects. For the purpose of 12 over height movements, more than one object may be carried as 13 long as the cause for the over height is not due to multiple 14 objects and the length, width, and weight laws are not 15 exceeded. For the purpose of an over width movement, more 16 than one object may be carried as long as the cause for the 17 over width is not due to multiple objects and length, height, 18 and weight laws are not exceeded. No State or local agency 19 shall authorize the issuance of excess size or weight permits 20 for vehicles and loads that are divisible and that can be 21 carried, when divided, within the existing size or weight 22 maximums specified in this Chapter. Any excess size or weight 23 permit issued in violation of the provisions of this Article 24 shall be void at issue and any movement made thereunder shall 25 not be authorized under the terms of the void permit. In any 26 prosecution for a violation of this Chapter when the 27 authorization of an excess size or weight permit is at issue, 28 it is the burden of the defendant to establish that the 29 permit was valid because the load to be moved could not 30 reasonably be dismantled or disassembled, or was otherwise 31 nondivisible. 32 (b) The application for any such permit shall: (1) state 33 whether such permit is requested for a single trip or for 34 limited continuous operation; (2) state if the applicant is -63- LRB9008713WHdvB 1 an authorized carrier under the Illinois Motor Carrier of 2 Property Law, if so, his certificate, registration or permit 3 number issued by the Illinois Commerce Commission; (3) 4 specifically describe and identify the vehicle or vehicles 5 and load to be operated or moved except that for vehicles or 6 vehicle combinations registered by the Department as provided 7 in Section 15-9100, only the Illinois Department of 8 Transportation's (IDT) registration number or classification 9 need be given; (4) state the routing requested including the 10 points of origin and destination, and may identify and 11 include a request for routing to the nearest certified scale 12 in accordance with the Department's rules, provided the 13 applicant has approval to travel on local roads; and (5) 14 state if the vehicles or loads are being transported for 15 hire. No permits for the movement of a vehicle or load for 16 hire shall be issued to any applicant who is required under 17 the Illinois Motor Carrier of Property Law to have a 18 certificate, registration, or permit and does not have such 19 certificate, registration, or permit. 20 (c) The Department or local authority when not 21 inconsistent with traffic safety is authorized to issue or 22 withhold the permit at its discretion; or, if the permit is 23 issued at its discretion to prescribe the route or routes to 24 be traveled, to limit the number of trips, to establish 25 seasonal or other time limitations within which the vehicles 26 described may be operated on the highways indicated, or 27 otherwise to limit or prescribe conditions of operations of 28 the vehicle or vehicles, when necessary to assure against 29 undue damage to the road foundations, surfaces, or 30 structures, and may require any undertaking or other security 31 as may be deemed necessary to compensate for any injury to 32 any roadway or road structure. The Department shall maintain 33 a daily record of each permit issued along with the fee and 34 the stipulated dimensions, weights, conditions and -64- LRB9008713WHdvB 1 restrictions authorized and this record shall be presumed 2 correct in any case of questions or dispute. The Department 3 shall install an automatic device for recording applications 4 received and permits issued by telephone. In making 5 application by telephone, the Department and applicant waive 6 all objections to the recording of the conversation. 7 (d) The form and content of the permit shall be 8 determined by the Department with respect to highways under 9 its jurisdiction and by local authorities with respect to 10 highways under their jurisdiction. Every permit shall be in 11 written form and carried in the vehicle or combination of 12 vehicles to which it refers and shall be open to inspection 13 by any police officer or authorized agent of any authority 14 granting the permit and no person shall violate any of the 15 terms or conditions of the special permit. Violation of the 16 terms and conditions of the permit shall not be deemed a 17 revocation of the permit; however, any vehicle and load found 18 to be off the route prescribed in the permit shall be held to 19 be operating without a permit. Any off route vehicle and load 20 shall be required to obtain a new permit or permits, as 21 necessary, to authorize the movement back onto the original 22 permit routing. No rule or regulation, nor anything herein 23 shall be construed to authorize any police officer, court, or 24 authorized agent of any authority granting the permit to 25 remove the permit from the possession of the permittee unless 26 the permittee is charged with a fraudulent permit violation 27 as provided in subsection (b) of Section 15-9300. However, 28 upon arrest for an offense of violation of permit, operating 29 without a permit when the vehicle is off route, or any size 30 or weight offense under this Chapter when the permittee plans 31 to raise the issuance of the permit as a defense, the 32 permittee, or his agent, must produce the permit at any court 33 hearing concerning the alleged offense. If the permit 34 designates and includes a routing to a certified scale, the -65- LRB9008713WHdvB 1 permittee, while enroute to the designated scale, shall be 2 deemed in compliance with the weight provisions of the permit 3 provided the axle or gross weights do not exceed any of the 4 permitted limits by more than the following amounts: 5 Single axle ................................ 2,000 pounds 6 Tandem axle ................................ 3,000 pounds 7 Gross ..................................... 5,000 pounds. 8 (e) The Department is authorized to adopt, amend, and to 9 make available to interested persons a policy concerning 10 reasonable rules, limitations and conditions or provisions of 11 operation upon highways under its jurisdiction in addition to 12 those contained in this Section for the movement by special 13 permit of vehicles, combinations, or loads which cannot 14 reasonably be dismantled or disassembled, including 15 manufactured and modular home sections and portions thereof. 16 All rules, limitations and conditions or provisions adopted 17 in the policy shall have due regard for the safety of the 18 traveling public and the protection of the highway system and 19 shall have been promulgated in conformity with the provisions 20 of the Illinois Administrative Procedure Act. The 21 requirements of the policy for flagmen and escort vehicles 22 shall be the same for all moves of comparable size and 23 weight. When escort vehicles are required, they shall meet 24 the following requirements: 25 (1) all operators shall be 18 years of age or over 26 and properly licensed to operate the vehicle; and 27 (2) vehicles escorting oversized loads more than 28 12-feet wide must be equipped with a rotating or flashing 29 amber light mounted on top as specified under Section 30 12-215. 31 (f) The Department shall establish reasonable rules 32 regarding liability insurance or self insurance for vehicles 33 with oversized loads promulgated under the Illinois 34 Administrative Procedure Act. Police vehicles may be -66- LRB9008713WHdvB 1 required for escort under circumstances as required by rules 2 of the Department. 3 (g) (1) Notwithstanding any other provision of this 4 Section, the Department with respect to highways under 5 its jurisdiction, and local authorities with respect to 6 highways under their jurisdiction, may at their 7 discretion authorize the movement of a vehicle in 8 violation of any size or weight requirement, or both, 9 that would not ordinarily be eligible for a permit, when 10 there is a showing of extreme necessity that the vehicle 11 and load should be moved without unnecessary delay. 12 (2) For the purpose of this subsection, showing of 13 extreme necessity shall be limited to the following: 14 shipments of livestock, hazardous materials, liquid 15 concrete being hauled in a mobile cement mixer, or hot 16 asphalt. 17 (625 ILCS 5/15-9050 new) 18 Sec. 15-9050. Service Charge for Special Transmission of 19 Permit. When special transmission of permits is requested by 20 an applicant, a service charge in an amount sufficient to 21 defray the cost shall be charged. 22 (625 ILCS 5/15-9100 new) 23 Sec. 15-9100. Special Registration of Vehicles by 24 Department. 25 (a) Applicants for special permits authorized in Section 26 15-9000 may apply to the Department for an Illinois 27 Department of Transportation (IDT) registration number and 28 classification identification label issued for the purpose of 29 identifying and classifying vehicles or combinations of 30 vehicles that may be operated or moved by special permit. 31 Applications shall be made on a form provided by the 32 Department and certified to be true. -67- LRB9008713WHdvB 1 (b) For a fee of $5 and following an analysis of data 2 submitted by the applicant, the Department may, at its 3 discretion, issue an Illinois Department of Transportation 4 (IDT) registration number and classification identification 5 label. The label shall be issued for a period not to exceed 2 6 years or for a lesser period of time in conformance with 7 rules to be established by the Department, and to be valid 8 must be displayed in a conspicuous place on the outside of a 9 vehicle as designated by the Department. The label, all 10 forms, records, rules, procedures, methods of analysis, and 11 classification shall be in the form or as prescribed in rules 12 promulgated by the Department. 13 (c) All moneys received by the Department under this 14 Section shall be deposited into the Road Fund. Vehicle 15 classification shall be for identification purposes and shall 16 not alter or in any manner affect either the provisions of 17 Section 15-9000 or the policy adopted by the Department for 18 its administration. 19 (625 ILCS 5/15-9150 new) 20 Sec. 15-9150. Local Authorities; Application for 21 Oversize Permit. The Department shall, upon application in 22 writing from any local authority, issue an annual permit 23 authorizing the local authority to move oversize highway 24 construction, transportation, utility and maintenance 25 equipment over roads under the jurisdiction of the 26 Department. The permit shall apply only to equipment and 27 vehicles owned by or registered in the name of the local 28 authority, and no fee shall be charged for the issuance of 29 the permit. 30 (625 ILCS 5/15-9200 new) 31 Sec. 15-9200. Exception for Certain Vehicle Loads during 32 Harvest Season. -68- LRB9008713WHdvB 1 (a) As an exception to Section 15-9000(a), the 2 Department and local authorities, with respect to highways 3 under their respective jurisdictions, in their discretion and 4 upon application in writing may issue a special permit for 5 limited continuous operation, authorizing the applicant to 6 move loads of sweet corn, soybeans, corn, wheat, milo, other 7 small grains and ensilage during the harvest season only on a 8 2 axle single vehicle registered by the Secretary of State 9 with axle loads not to exceed 35% above those provided in 10 Article V of this Chapter. Permits may be issued for a period 11 not to exceed 40 days and moves may be made of a distance not 12 to exceed 25 miles from a field to a specified processing 13 plant over any highway except any interstate. All such 14 vehicles shall be operated in the daytime except when weather 15 or crop conditions require emergency operation at night, but 16 with respect to such night operation, every such vehicle with 17 load shall be equipped with flashing amber lights as 18 specified under Section 12-215. 19 (b) Upon a declaration by the Governor that an emergency 20 harvest situation exists, a special permit issued by the 21 Department under this Article shall not be required from 22 September 1 through December 31 during harvest season 23 emergencies, provided that the weight does not exceed 20% 24 above the limits provided in Article V of this Chapter. All 25 other restrictions that apply to permits issued under this 26 Article shall apply during the declared time period. With 27 respect to highways under the jurisdiction of local 28 authorities, the local authorities may, at their discretion, 29 waive special permit requirements during harvest season 30 emergencies. This permit exemption shall apply to all 31 vehicles eligible to obtain permits under Section 15-9000, 32 including commercial vehicles in use during the declared time 33 period. -69- LRB9008713WHdvB 1 (625 ILCS 5/15-9250 new) 2 Sec. 15-9250. Vehicles Operating Under a Local Permit; 3 Crossing State Highway. Whenever any vehicle is operated on 4 local roads under permits for excess width or length issued 5 by local authorities, the vehicle may be moved upon a State 6 highway for a distance not to exceed one-half mile without a 7 permit for the purpose of crossing the State highway. 8 (625 ILCS 5/15-9300 new) 9 Sec. 15-9300. Violations of Permits. 10 (a) Violation of any rule, limitation or condition or 11 provision of any permit issued in accordance with the 12 provisions of this Article shall not render the entire permit 13 null and void but the violator shall be deemed guilty of 14 violation of permit and guilty of exceeding any size, weight 15 or load limitations in excess of those authorized by the 16 permit. The prescribed route or routes on the permit are not 17 mere rules, limitations, conditions, or provisions of the 18 permit, but are also the sole extent of the authorization 19 granted by the permit. If a vehicle and load are found to be 20 off the route or routes prescribed by any permit authorizing 21 movement, the vehicle and load are operating without a 22 permit. Any off route movement shall be subject to the size 23 and weight maximums, under the applicable provisions of this 24 Chapter, as determined by the type or class highway upon 25 which the vehicle and load are being operated. 26 (b) Whenever any vehicle is operated or movement made 27 under a fraudulent permit the permit shall be void, and the 28 person, firm, or corporation to whom the permit was granted, 29 the driver of the vehicle in addition to the person who 30 issued the permit and any accessory, shall be guilty of fraud 31 and either one or all persons may be prosecuted for the 32 violation. Any person, firm, or corporation committing the 33 violation shall be guilty of a Class 4 felony and the -70- LRB9008713WHdvB 1 Department shall not issue permits to the person, firm, or 2 corporation convicted of the violation for a period of one 3 year after the date of conviction. 4 (c) Whenever any vehicle is operated or movement made in 5 violation of a permit issued in accordance with this Article, 6 the person to whom the permit was granted, or the driver of 7 the vehicle, is guilty of the violation and either, but not 8 both, persons may be prosecuted for the violation as stated 9 in this subsection (c). Any person, firm, or corporation 10 convicted of such violation shall be guilty of a petty 11 offense and shall be fined, for the first offense, not less 12 than $50 nor more than $200 and, for the second offense by 13 the same person, firm, or corporation within a period of one 14 year, not less than $200 nor more than $300 and, for the 15 third offense by the same person, firm, or corporation within 16 a period of one year after the date of the first offense, not 17 less than $300 nor more than $500 and the Department shall 18 not issue permits to the person, firm, or corporation 19 convicted of a third offense during a period of one year 20 after the date of conviction for the third offense. 21 (d) Penalties for violations of this Article shall be in 22 addition to any penalties imposed for violating any other 23 Section of this Code. 24 (625 ILCS 5/15-9350 new) 25 Sec. 15-9350. Fees for Special Permits. 26 (a) The Department with respect to highways under its 27 jurisdiction shall collect a fee from the applicant for the 28 issuance of a permit to operate or move a vehicle or 29 combination of vehicles or load as authorized in Section 30 15-9000. The charge for each permit shall consist of: 31 (1) A service charge for special handling of a 32 permit when requested by an applicant; 33 (2) Fees for any dimension, axle weight or gross -71- LRB9008713WHdvB 1 weight in excess of the maximum size or weight specified 2 in this Chapter; and 3 (3) additional fees for special investigations as 4 in Section 15-9750 and special police escort as in 5 Section 15-9800 when required. 6 (b) With respect to overweight fees, the charge shall be 7 sufficient to compensate in part for the cost of the extra 8 wear and tear on the mileage of highways over which the load 9 is to be moved. With respect to over-dimension permits, the 10 fee shall be sufficient to compensate in part for the special 11 privilege of transporting oversize vehicle or vehicle 12 combination and load and to compensate in part for the 13 economic loss of operators of vehicles in regular operation 14 due to inconvenience occasioned by the oversize movements. 15 (c) Fees to be paid by the applicant are to be at the 16 rates specified in this Article. In determining the fees in 17 Section 15-9500 and Section 15-9550, all weights shall be to 18 the next highest 1,000 pounds and all distances shall be 19 determined from the Illinois Official Highway Map. 20 (d) For repeated moves of like objects which cannot be 21 dismantled or disassembled and which are monolithically 22 structured for permanent use in the transported form, the 23 fees specified in Sections 15-9450, 15-9500, and 15-9550 for 24 other than the first move shall be reduced by $4 provided the 25 objects are to be moved from the same origin to the same 26 destination, the number of trips will not be less than 5, the 27 trips will be completed within 30 days, and all applications 28 are submitted at one time. Round trip permits shall be the 29 same as a single trip permit except the fee shall be computed 30 based upon the total distance traveled, and shall be for the 31 same vehicle, vehicle combination or like load traveling both 32 directions over the same route, provided a description 33 including make and model of the equipment being transported 34 is furnished to the Department, except that a vehicle -72- LRB9008713WHdvB 1 combination registered by the Department as provided in 2 Section 15-9100 may be one of the same class. Limited 3 continuous operation permits are to be valid for a period of 4 90 days or one year, and shall be for the same vehicle, 5 vehicle combination, or like load. 6 (625 ILCS 5/15-9400 new) 7 Sec. 15-9400. Fees for Manufactured Home Combinations, 8 or a Unit Carrying Roof or Floor Trusses. Fees for special 9 permits to move a manufactured home, oversize storage 10 building, modular home section, or a unit carrying roof or 11 floor trusses in combination with a towing vehicle shall be 12 paid by the applicant to the Department at the following 13 rates: 14 90 Day Annual 15 Limited Limited 16 Single Continuous Continuous 17 Trip Operation Operation 18 (a) Maximum overall 19 width of 10 feet or 20 less; maximum overall 21 height of 14 feet 6 22 inches or less; or 23 maximum overall 24 length, including the 25 towing vehicle, of 70 26 feet or less $100 $400 27 For the first 90 miles $12 28 From 90 miles to 180 miles $15 29 From 180 miles to 270 30 miles $18 31 For more than 270 miles $21 32 (b) Maximum overall 33 width of 12 feet or -73- LRB9008713WHdvB 1 less, plus an 2 additional 2 inch 3 overhang on each side 4 to allow for eaves, 5 drip edges or 6 guttering that is at 7 least 9 feet above the 8 surface of the 9 pavement; maximum 10 overall height of 14 11 feet 6 inches or less; 12 or maximum overall 13 length, including the 14 towing vehicle, of 115 15 feet or less $150 $600 16 For the first 90 miles $15 17 From 90 miles to 180 miles $20 18 From 180 miles to 270 19 miles $25 20 For more than 270 miles $30 21 (c) Maximum overall 22 width of 14 feet or 23 less; maximum overall 24 height of 15 feet or 25 less; maximum overall 26 length, including the 27 towing vehicle, of 115 28 feet or less $250 $1000 29 For the first 90 miles $25 30 From 90 miles to 180 miles $30 31 From 180 miles to 270 32 miles $35 33 For more than 270 miles $40 34 (d) Maximum overall -74- LRB9008713WHdvB 1 width of 14 feet 4 2 inches or less, 3 maximum overall height 4 of 15 feet or less; or 5 maximum overall 6 length, including the 7 towing vehicle, of 115 8 feet or less $250 $1000 9 For the first 90 miles $30 10 From 90 miles to 180 miles $40 11 From 180 miles to 270 12 miles $50 13 For 270 miles or more $60 14 (e) Maximum overall 15 width of 16 feet or 16 less provided that a 17 tolerance in width of 18 up to 3 inches shall 19 be allowed for house 20 trailer combinations; 21 or maximum overall 22 height of 15 feet or 23 less; or maximum 24 overall length, 25 including the towing 26 vehicle of 115 feet or 27 less $250 $1000 28 For the first 90 miles $30 29 From 90 miles to 180 miles $40 30 From 180 miles to 270 31 miles $50 32 For 270 miles or more $60 33 (625 ILCS 5/15-9450 new) -75- LRB9008713WHdvB 1 Sec. 15-9450. Fees for Legal Weight but Overdimension 2 Vehicles, Combinations, and Loads, other than Manufactured 3 Home Combinations. 4 (a) Fees for special permits to move overdimension 5 vehicles, combinations, and loads, other than manufactured 6 home combinations, shall be paid by the applicant to the 7 Department at the following rates: 8 90 Day Annual 9 Limited Limited 10 Single Continuous Continuous 11 Trip Operation Operation 12 (1) Overall width of 10 13 feet or less, overall 14 height of 14 feet 6 15 inches or less, and 16 overall length of 70 17 feet or less $100 $400 18 For the first 90 miles $12 19 From 90 miles to 180 miles $15 20 From 180 miles to 270 21 miles $18 22 For more than 270 miles $21 23 (2) Overall width of 12 24 feet or less, overall 25 height of 14 feet 6 26 inches or less, and 27 overall length of 85 28 feet or less $150 $600 29 For the first 90 miles $15 30 From 90 miles to 180 miles $20 31 From 180 miles to 270 32 miles $25 33 For more than 270 miles $30 34 (3) Overall width of 14 -76- LRB9008713WHdvB 1 feet or less, overall 2 height of 15 feet or 3 less, and overall 4 length of 100 feet or 5 less Single Trip Only 6 For the first 90 miles $25 7 From 90 miles to 180 miles $30 8 From 180 miles to 270 9 miles $35 10 For more than 270 miles $40 11 (4) Overall width of 18 12 feet or less, overall 13 height of 16 feet or 14 less, and overall 15 length of 120 feet or 16 less Single Trip Only 17 For the first 90 miles $30 18 From 90 miles to 180 miles $40 19 From 180 miles to 270 20 miles $50 21 For more than 270 miles $60 22 (5) Overall width of more 23 than 18 feet, overall 24 height more than 16 25 feet, and overall 26 length more than 120 27 feet Single Trip Only 28 For the first 90 miles $50 29 From 90 miles to 180 miles $75 30 From 180 miles to 270 31 miles $100 32 For more than 270 miles $125 33 (b) Permits issued under this Section shall be for a 34 vehicle, or vehicle combination and load not exceeding legal -77- LRB9008713WHdvB 1 weights; and, in the case of the limited continuous 2 operation, shall be for the same vehicle, vehicle 3 combination, or like load. 4 (c) Escort requirements shall be as prescribed in the 5 Department's rules. Fees for the State Police vehicle 6 escort, when required, shall be in addition to the permit 7 fees. 8 (625 ILCS 5/15-9500 new) 9 Sec. 15-9500. Fees for Overweight; Axle Loads. Fees for 10 special permits to move legal gross weight vehicles, 11 combinations of vehicles and loads with overweight-axle loads 12 shall be paid by the applicant to the Department as follows: 13 For each overweight single axle or tandem axle group, the 14 flat rate fees herein scheduled for increments of 45 miles or 15 fraction thereof including issuance fee predicated upon an 16 18,000 pound single axle equivalency. Single trip permits 17 only shall be issued. 18 18,000 Pound Single Axle Equivalency Fees 19 Axle weight 2-Axle 3-Axle 20 in excess Single Axle Tandem Tandem 21 of legal 22 1-6,000 lbs. $5 $5 $5 23 6,001-11,000 lbs. 8 7 6 24 11,001-17,000 lbs. not permitted 8 7 25 17,001-22,000 lbs. not permitted not permitted 9 26 22,001-29,000 lbs. not permitted not permitted 11 27 (625 ILCS 5/15-9550 new) 28 Sec. 15-9550. Fees for Overweight; Gross Loads. 29 (a) Fees for special permits to move vehicles, 30 combinations of vehicles and loads with overweight-gross 31 loads shall be paid at the flat rate fees established in this 32 Section for weights in excess of legal gross weights, by the -78- LRB9008713WHdvB 1 applicant to the Department. Single trip permits only shall 2 be issued. 3 (b) With respect to fees for overweight-gross loads 4 listed in this Section and for overweight-axle loads listed 5 in Section 15-9500, one fee only shall be charged, whichever 6 is the greater, but not both. 7 (c) In lieu of the fees stated in this Section and 8 Section 15-9500, with respect to combinations of vehicles 9 consisting of a 3-axle truck tractor with a tandem axle 10 composed of 2 consecutive axles drawing a semitrailer, or 11 other vehicle approved by the Department, equipped with a 12 tandem axle composed of 3 consecutive axles, weighing over 13 73,280 pounds but not more than 88,000 pounds gross weight, 14 the fees shall be at the following rates: 15 Distance Rate 16 For the first 45 miles $10.00 17 From 45 miles to 90 miles 12.50 18 From 90 miles to 135 miles 15.00 19 From 135 miles to 180 miles 17.50 20 From 180 miles to 225 miles 20.00 21 For each additional 45 miles or part 22 thereof in excess of 23 225 miles, an additional 2.50 24 For such combinations weighing over 88,000 pounds but not 25 more than 100,000 pounds gross weight, the fees shall be at 26 the following rates: 27 Distance Rate 28 For the first 45 miles $15.00 29 From 45 miles to 90 miles 25.00 30 From 90 miles to 135 miles 35.00 31 From 135 miles to 180 miles 45.00 32 From 180 miles to 225 miles 55.00 33 For each additional 45 miles or part 34 thereof in excess of -79- LRB9008713WHdvB 1 225 miles, an additional 10.00 2 For such combination weighing over 100,000 pounds but not 3 more than 110,000 pounds gross weight, the fees shall be at 4 the following rates: 5 Distance Rate 6 For the first 45 miles $20.00 7 From 45 miles to 90 miles 32.50 8 From 90 miles to 135 miles 45.00 9 From 135 miles to 180 miles 57.50 10 From 180 miles to 225 miles 70.00 11 For each additional 45 miles or part 12 thereof in excess of 13 225 miles an additional 12.50 14 For such combinations weighing over 110,000 pounds but 15 not more than 120,000 pounds gross weight, the fees shall be 16 at the following rates: 17 Distance Rate 18 For the first 45 miles $30.00 19 From 46 miles to 90 miles 55.00 20 From 90 miles to 135 miles 80.00 21 From 135 miles to 180 miles 105.00 22 From 180 miles to 225 miles 130.00 23 For each additional 45 miles or part 24 thereof in excess of 25 225 miles an additional 25.00 26 Payment of overweight fees for the above combinations also 27 shall include fees for overwidth dimensions of 4 feet or 28 less, overheight and overlength. Any overwidth in excess of 4 29 feet shall be charged an additional fee of $15. 30 (d) In lieu of the fees stated in this Section and 31 Section 15-9500, with respect to combinations of vehicles 32 consisting of a 3-axle truck tractor with a tandem axle 33 composed of 2 consecutive axles drawing a semitrailer, or -80- LRB9008713WHdvB 1 other vehicle approved by the Department, equipped with a 2 tandem axle composed of 2 consecutive axles, weighing over 3 73,280 pounds but not more than 88,000 pounds gross weight, 4 the fees shall be at the following rates: 5 Distance Rate 6 For the first 45 miles $20.00 7 From 46 miles to 90 miles 32.50 8 From 90 miles to 135 miles 45.00 9 From 135 miles to 180 miles 57.50 10 From 180 miles to 225 miles 70.00 11 For each additional 45 miles or part 12 thereof in excess of 13 225 miles an additional 12.50 14 For such combinations weighing over 88,000 pounds but not 15 more than 100,000 pounds gross weight, the fees shall be at 16 the following rates: 17 Distance Rate 18 For the first 45 miles $30.00 19 From 46 miles to 90 miles 55.00 20 From 90 miles to 135 miles 80.00 21 From 135 miles to 180 miles 105.00 22 From 180 miles to 225 miles 130.00 23 For each additional 45 miles or part 24 thereof in excess of 25 225 miles an additional 25.00 26 Payment of overweight fees for the above combinations also 27 shall include fees for overwidth dimension of 4 feet or less, 28 overheight and overlength. Any overwidth in excess of 4 feet 29 shall be charged an additional overwidth fee of $15. 30 (e) In lieu of the fees stated in this Section and in 31 Section 15-9500, with respect to a 3 (or more) axle mobile 32 crane or water well-drilling vehicle consisting of a single 33 axle and a tandem axle or 2 tandem axle groups composed of 2 34 consecutive axles each, with a distance of extreme axles not -81- LRB9008713WHdvB 1 less than 18 feet, weighing not more than 60,000 pounds gross 2 with no single axle weighing more than 21,000 pounds, or any 3 tandem axle group to exceed 40,000 pounds, the fees shall be 4 at the following rates: 5 Distance Rate 6 For the first 45 miles $12.50 7 For each additional 45 miles 8 or portion thereof 9.00 9 For such vehicles weighing over 60,000 pounds but not more 10 than 68,000 pounds with no single axle weighing more than 11 21,000 pounds and no tandem axle group exceeding 48,000 12 pounds, the fees shall be at the following rates: 13 Distance Rate 14 For the first 45 miles $20.00 15 For each additional 45 miles 16 or portion thereof 12.50 17 Payment of overweight fees for the above vehicle shall 18 include overwidth dimension of 4 feet or less, overheight and 19 overlength. Any overwidth in excess of 4 feet shall be 20 charged an additional overwidth fee of $15. 21 (f) In lieu of the fees stated in this Section and in 22 Section 15-9500, with respect to a 4 (or more) axle mobile 23 crane or water well drilling vehicle consisting of 2 sets of 24 tandem axles composed of 2 or more consecutive axles each 25 with a distance between extreme axles of not less than 23 26 feet weighing not more than 72,000 pounds with axle weights 27 on one set of tandem axles not more than 34,000 pounds, and 28 weight in the other set of tandem axles not to exceed 40,000 29 pounds, the fees shall be at the following rates: 30 Distance Rate 31 For the first 45 miles $15.00 32 For each additional 45 miles 33 or portion thereof 10.00 34 For such vehicles weighing over 72,000 pounds but not more -82- LRB9008713WHdvB 1 than 76,000 pounds with axle weights on either set of tandem 2 axles not more than 44,000 pounds, the fees shall be at the 3 following rates: 4 Distance Rate 5 For the first 45 miles $20.00 6 For each additional 45 miles 7 or portion thereof 12.50 8 Payment of overweight fees for the above vehicle shall 9 include overwidth dimension of 4 feet or less, overheight and 10 overlength. Any overwidth in excess of 4 feet shall be 11 charged an additional fee of $15. 12 (g) In lieu of fees stated in this Section and in 13 Section 15-9500, with respect to a two axle mobile crane or 14 water well-drilling vehicle consisting of 2 single axles 15 weighing not more than 48,000 pounds with no single axle 16 weighing more than 25,000 pounds, the fees shall be at the 17 following rates: 18 Distance Rate 19 For the first 45 miles $15.00 20 For each additional 45 miles 21 or portion thereof 10.00 22 For such vehicles weighing over 48,000 pounds but not more 23 than 54,000 pounds with no single axle weighing more than 24 28,000 pounds, the fees shall be at the following rates: 25 Distance Rate 26 For the first 45 miles $20.00 27 For each additional 45 miles 28 or portion thereof 12.50 29 Payment of overweight fees for the above vehicle shall 30 include overwidth dimension of 4 feet or less, overheight and 31 overlength. Any overwidth in excess of 4 feet shall be 32 charged an additional overwidth fee of $15. 33 (h) Fees for special permits to move vehicles, 34 combinations of vehicles, and loads with overweight gross -83- LRB9008713WHdvB 1 loads not included in the fee categories shall be paid by the 2 applicant to the Department at the rate of $50 plus 3.5 cents 3 per ton-mile in excess of legal weight. 4 (i) With respect to fees for overweight gross loads not 5 included in the schedules specified in subsections (a) 6 through (e) of this Section and for overweight axle loads 7 listed in Section 15-9500, one fee only shall be charged, 8 whichever is the greater, but not both. An additional fee in 9 accordance with the schedule set forth in Section 15-9450 10 shall be charged for each overdimension. 11 (625 ILCS 5/15-9600 new) 12 Sec. 15-9600. Permits and Fees for Moves Directly across 13 Highway. The fee for 6 month special limited continuous 14 operation permits for vehicles or vehicle combinations 15 exceeding the legal sizes and weights specified in this 16 Chapter either empty or hauling material directly across a 17 highway making repeated moves in the course of industrial 18 operations, shall be $15. 19 (625 ILCS 5/15-9650 new) 20 Sec. 15-9650. Permits and Fees for Overweight Trucks 21 Hauling Sweet Corn. The fee for a 40 day special limited 22 continuous operation permit for a 2-axle truck used for 23 hauling sweet corn and ensilage with a gross axle load not to 24 exceed 35 percent in excess of the legal axle load, shall be 25 $10. A permit shall be issued only during harvest season. 26 (625 ILCS 5/15-9700 new) 27 Sec. 15-9700. Permits and Fees for Moving Buildings or 28 Large Machines. 29 (a) Special permits for moving buildings or large 30 machines shall be issued for single trips only. 31 (b) When moved on house moving equipment or on own -84- LRB9008713WHdvB 1 trucks or tracks, the fees shall be based on maximum overall 2 dimensions, plus engineering investigation and police escort 3 fees when required. 4 (c) When moved on a vehicle or vehicle combination, 5 applicable overdimension and overweight fees shall apply. 6 (625 ILCS 5/15-9750 new) 7 Sec. 15-9750. Fees for Engineering Inspections or Field 8 Investigations. Engineering inspections or field 9 investigations shall be made by the Department and the 10 applicant shall pay a fee of $40 per hour. 11 (625 ILCS 5/15-9800 new) 12 Sec. 15-9800. Fees for Police Escort. When State Police 13 escorts are required by the Department for the safety of the 14 motoring public, the applicant shall pay to the Department 15 $40 per hour per vehicle based upon the pre-estimated time of 16 movement to be agreed upon between the Department and the 17 applicant. A minimum fee of $80 per vehicle shall be charged. 18 (625 ILCS 5/15-9850 new) 19 Sec. 15-9850. Permits and Fees for Moving Oversize or 20 Overweight Equipment to the Site of Train Derailments. 21 Permits to move oversize or overweight equipment to the sites 22 of train derailments shall include all equipment otherwise 23 eligible to obtain single trip permits under normal 24 situations. The permit shall be valid for a period of one 25 year and can be used at any time for movement to the site of 26 a train derailment during an emergency. The amount of the 27 fee shall be $500. 28 (625 ILCS 5/15-9900 new) 29 Sec. 15-9900. Supplemental Permit Fee. The Department 30 shall collect a fee of $5 and other applicable fees to cover -85- LRB9008713WHdvB 1 the cost of processing an application for supplemental 2 special permits. This fee shall be charged for each 3 supplemental special permit issued. In addition, if the 4 supplemental permit provides for an increase in size or 5 weight or both over that specified in the original special 6 permit, additional fees shall be charged as provided in this 7 Article as applicable, to correct for the increase. 8 (625 ILCS 5/15-9950 new) 9 Sec. 15-9950. Payment of Fees. 10 (a) The Department shall prescribe the time and method 11 of payment of all appropriate fees authorized by this 12 Article. 13 (b) The Department may, at its discretion, establish 14 credit accounts with billing to be made at intervals not 15 exceeding one month. 16 (c) Failure to pay invoices in full within a period of 17 30 days after the billing date shall be sufficient cause for 18 the Department to withhold issuance of any further permits or 19 credit to the individual, company, or subsidiary firm. 20 (d) The Department is authorized to charge a service fee 21 of $3 for a check returned for any reason. 22 (e) All money received by the Department under the 23 provisions of this Section shall be deposited into the Road 24 Fund. 25 (f) No refund shall be made to the applicant following 26 issuance of a permit if the move is not completed. 27 (625 ILCS 5/15-9990 new) 28 Sec. 15-9990. Exemptions to Requirement of Fees. 29 (a) The requirements as to fees authorized by this 30 Article shall not apply to the owner of the vehicle or 31 vehicle combination if owned by the United States, this 32 State, or any political subdivision of this State, or any -86- LRB9008713WHdvB 1 municipality in this State. 2 (b) The provisions of Sections 15-9050 through 15-9900 3 requiring fees for a permit shall not modify, alter or in any 4 manner affect either the provisions of Section 15-9000 or the 5 policy of the Department adopted for the administration of 6 this Chapter. 7 (625 ILCS 5/Chap. 15, Art. X heading new) 8 ARTICLE X. VIOLATIONS AND PENALTIES 9 (625 ILCS 5/15-10000 new) 10 Sec. 15-10000. Officers to Weigh Vehicles and Require 11 Removal of Excess Loads. 12 (a) Any police officer having reason to believe that the 13 weight of a vehicle and load is unlawful shall require the 14 driver to stop and submit to a weighing of the vehicle and 15 load either by means of a portable or stationary scale. If a 16 scale is not available at the place where the vehicle is 17 stopped, the police officer shall require that the vehicle be 18 driven to the nearest available scale that has been tested 19 and approved by the Illinois Department of Agriculture. 20 Notwithstanding any provisions of the Weights and Measures 21 Act or the United States Department of Commerce NIST handbook 22 44, multi or single draft weighing is an acceptable method of 23 weighing by law enforcement for determining a violation of 24 Chapter 3 or 15 of this Code. Law enforcement is exempt from 25 the requirements of commercial weighing established in NIST 26 handbook 44. 27 (b) Whenever an officer, upon weighing a vehicle and the 28 load, determines that the weight is unlawful, the officer 29 shall require the driver to stop the vehicle in a suitable 30 place and remain standing until such portion of the load is 31 removed as may be necessary to reduce the weight of the 32 vehicle to the limit permitted under this Chapter, or to the -87- LRB9008713WHdvB 1 limit permitted under the terms of a permit issued pursuant 2 to Article IX of this Chapter and shall forthwith arrest the 3 driver or owner. All material so unloaded shall be cared for 4 by the owner or operator of the vehicle at the risk of the 5 owner or operator; however, whenever a 3-axle or 4-axle 6 vehicle registered as a Special Hauling Vehicle with a tandem 7 axle dimension greater than 72 inches, but less than 96 8 inches, is transporting asphalt or concrete in the plastic 9 state that exceeds axle weight or gross weight limits by less 10 than 4,000 pounds, the owner or operator of the vehicle shall 11 accept the arrest ticket or tickets for the alleged 12 violations under this Section and proceed without shifting or 13 reducing the load being transported or may shift or reduce 14 the load under the provisions of subsection (d) or (e), when 15 applicable. Any fine imposed following an overweight 16 violation by a vehicle registered as a Special Hauling 17 Vehicle transporting asphalt or concrete in the plastic state 18 shall be paid as provided in paragraph 4 of subsection (a) of 19 Section 16-105 of this Code. 20 (c) The Department of Transportation may, at the request 21 of the Department of State Police, erect appropriate 22 regulatory signs on any State highway directing second 23 division vehicles to a scale. The Department of 24 Transportation may also, at the direction of any State Police 25 officer, erect portable regulating signs on any highway 26 directing second division vehicles to a portable scale. Every 27 such vehicle, pursuant to the sign, shall stop and be 28 weighed. 29 (d) Whenever any axle load of a vehicle exceeds the axle 30 or tandem axle weight limits permitted by Sections 15-5100 31 and 15-5200 or weight limits provided in Articles VI, VII, 32 and VIII by 2,000 pounds or less, the owner or operator of 33 the vehicle must shift or remove the excess so as to comply 34 with Sections 15-5100 and 15-5200 or weight limits provided -88- LRB9008713WHdvB 1 in Articles VI, VII, and VIII. No overweight arrest ticket 2 shall be issued to the owner or operator of the vehicle by 3 any officer if the gross weight is shifted or removed as 4 required by this subsection (d). 5 (e) Whenever the gross weight of a vehicle with a 6 registered gross weight of 73,280 pounds or less exceeds the 7 weight limits of Section 15-5300, or weight limits provided 8 in Articles VI, VII, and VIII, by 2,000 pounds or less, the 9 owner or operator of the vehicle must remove the excess. 10 Whenever the gross weight of a vehicle with a registered 11 gross weight of 73,281 pounds or more exceeds the weight 12 limits of Section 15-5300, or weight limits provided in 13 Articles VI, VII, and VIII, by 1,000 pounds or less, the 14 owner or operator of the vehicle must remove the excess. In 15 either case no arrest ticket for any overweight violation of 16 this Code shall be issued to the owner or operator of the 17 vehicle by any officer if the excess weight is removed as 18 required by this subsection (e). 19 (f) Whenever an axle load of a vehicle exceeds axle 20 weight limits allowed by the provisions of a permit an arrest 21 ticket shall be issued, but the owner or operator of the 22 vehicle may shift the load so as to comply with the 23 provisions of the permit. Where such shifting of a load to 24 comply with the permit is accomplished, the owner or operator 25 of the vehicle may then proceed. 26 (g) Any driver of a vehicle who refuses to stop and 27 submit his or her vehicle and load to weighing after being 28 directed to do so by an officer or removes or causes the 29 removal of the load or part of it prior to weighing is guilty 30 of a business offense and shall be fined not less than $500 31 nor more than $2,000. 32 (625 ILCS 5/15-10100 new) 33 Sec. 15-10100. Violations; Penalties. -89- LRB9008713WHdvB 1 (a) (1) Whenever any vehicle is operated in violation of 2 the weight limits provided in Articles V through VIII of this 3 Chapter or subsection (d) of Section 3-401, the owner or 4 driver of the vehicle shall be deemed guilty of such 5 violation and either the owner or the driver of the vehicle 6 may be prosecuted for the violation. Any person charged with 7 a violation of any of these provisions who pleads not guilty 8 shall be present in court for the trial on the charge. Any 9 person, firm, or corporation convicted of any violation of 10 the weight limits provided in Articles V through VIII of this 11 Chapter or a maximum axle weight or gross weight limit 12 specified on a regulatory sign posted in accordance with 13 Section 15-1300, shall be fined according to the following 14 schedule: 15 Up to and including 2,000 pounds overweight, the fine is 16 $50. 17 From 2,001 through 2,500 pounds overweight, the fine is 18 $135. 19 From 2,501 through 3,000 pounds overweight, the fine is 20 $165. 21 From 3,001 through 3,500 pounds overweight, the fine is 22 $260. 23 From 3,501 through 4,000 pounds overweight, the fine is 24 $300. 25 From 4,001 through 4,500 pounds overweight, the fine is 26 $425. 27 From 4,501 through 5,000 pounds overweight, the fine is 28 $475. 29 For 5,001 or more pounds overweight, the fine shall be 30 computed by assessing $750 for the first 5,000 pounds 31 overweight and $75 for each additional increment of 500 32 pounds overweight or fraction thereof. 33 (2) In addition, any person, firm, or corporation 34 convicted of 4 or more violations of the weight limits -90- LRB9008713WHdvB 1 provided in Articles V through VIII of this Chapter within 2 any 12 month period shall be fined an additional amount of 3 $2,500 for the fourth and each subsequent conviction within 4 the 12 month period. Provided, however, that with regard to a 5 firm or corporation, a fourth or subsequent conviction shall 6 mean a fourth or subsequent conviction attributable to any 7 one employee-driver. 8 (b) Whenever any vehicle is operated in violation of the 9 provisions of Article II, III, or IV of this Chapter, or 10 length and width requirements provided in Articles VI, VII, 11 and VIII, the owner or driver of the vehicle shall be deemed 12 guilty of the violation and either may be prosecuted for the 13 violation. Any person, firm, or corporation convicted of any 14 violation of Article II, III, or IV of this Chapter, or 15 length and width requirements provided in Articles VI, VII, 16 and VIII, shall be fined for the first or second conviction 17 an amount not less than $50 nor more than $500, and for the 18 third and subsequent convictions by the same person, firm, or 19 corporation within a period of one year after the date of the 20 first offense, not less than $500 nor more than $1,000. 21 (625 ILCS 5/15-10200 new) 22 Sec. 15-10200. Violations; Permit Moves. 23 (a) Whenever any vehicle is operated in violation of the 24 provisions of a permit issued under Article IX of this 25 Chapter, by operating under a fraudulent permit or under a 26 permit not specifically covering the move, the owner or 27 driver of the vehicle shall be deemed guilty of a business 28 offense and either the owner or the driver of such vehicle 29 may be prosecuted for the violation. When any person, firm, 30 or corporation is convicted of the violation, the permit 31 shall be null and void and the person, firm, or corporation 32 shall be fined in an amount not less than 10 cents per pound 33 for each pound the gross weight of the vehicle exceeds the -91- LRB9008713WHdvB 1 gross weight of such vehicles allowable under Section 2 15-5300. 3 (b) Penalties for violations of this Section shall be in 4 addition to any penalties imposed for violation of Section 5 15-9300(c). 6 (625 ILCS 5/15-10300 new) 7 Sec. 15-10300. Violations; Permit Moves Exceeding Axle 8 Weights. 9 (a) Whenever any vehicle is operated in violation of the 10 provisions of a permit issued under Article IX of this 11 Chapter by operating with axle weights in excess of those 12 authorized in the permit, the owner or driver of the vehicle 13 shall be deemed guilty of a business offense and either the 14 owner or the driver of the vehicle may be prosecuted for the 15 violation. Any person, firm, or corporation convicted of the 16 violation shall be fined in an amount not less than 2 cents 17 nor more than 5 cents per pound for each pound of excess 18 weight on the axle or tandem axle in excess of the weight 19 authorized in the permit when the excess is 1,000 pounds or 20 less; not less than 5 cents nor more than 10 cents per pound 21 for each pound of excess weight when the excess exceeds 1,000 22 pounds and is 2,000 pounds or less; not less than 10 cents 23 nor more than 15 cents per pound for each pound of excess 24 weight when the excess exceeds 2,000 pounds and is 3,000 25 pounds or less; and not less than 15 cents nor more than 20 26 cents per pound for each pound of excess weight when the 27 excess exceeds 3,000 pounds. 28 (b) Penalties for violations of this Section shall be in 29 addition to any penalties imposed for violation of subsection 30 (c) of Section 15-9300. 31 (625 ILCS 5/15-10400 new) 32 Sec. 15-10400. Violations; Permit Moves Exceeding Gross -92- LRB9008713WHdvB 1 Weight. 2 (a) Whenever any vehicle is operated in violation of the 3 provisions of a permit issued under Article IX of this 4 Chapter by operating with a gross weight in excess of that 5 authorized in the permit, the owner or driver of the vehicle 6 shall be deemed guilty of a business offense and either the 7 owner or the driver of the vehicle may be prosecuted for the 8 violation. Any person, firm, or corporation convicted of the 9 violation shall be fined in an amount not less than 2 cents 10 nor more than 5 cents per pound for each pound of excess 11 weight in excess of the gross weight authorized in the permit 12 when the excess is 1,000 pounds or less; not less than 4 13 cents nor more than 7 cents per pound for each pound of 14 excess weight when the excess exceeds 1,000 pounds and is 15 2,000 pounds or less; not less than 7 cents nor more than 10 16 cents per pound for each pound of excess weight when the 17 excess exceeds 2,000 pounds and is 3,000 pounds or less; not 18 less than 10 cents nor more than 15 cents per pound for each 19 pound of excess weight when the excess exceeds 3,000 pounds 20 and is 4,000 pounds or less; not less than 15 cents nor more 21 than 20 cents per pound for each pound of excess weight when 22 the excess exceeds 4,000 pounds and is 5,000 pounds or less; 23 and not less than 17 cents nor more than 25 cents per pound 24 for each pound of excess weight when the excess exceeds 5,000 25 pounds. 26 (b) Penalties for violations of this Section shall be in 27 addition to any penalties imposed for violation of subsection 28 (c) of Section 15-9300. 29 (625 ILCS 5/15-10500 new) 30 Sec. 15-10500. Violations; Restricted Use of Highway. 31 (a) When any vehicle is operated in violation of Section 32 15-1200, the owner or driver of the vehicle shall be deemed 33 guilty of a violation and either the owner or the driver of -93- LRB9008713WHdvB 1 the vehicle may be prosecuted for the violation. Any person, 2 firm, or corporation convicted of violating Section 15-1200 3 shall be fined $50 for any weight exceeding the posted limit 4 up to the weight limits allowed a vehicle as provided for in 5 subsection (a) of Sections 15-5100, 15-5200 and 15-5300 and 6 $75 per every 500 pounds or fraction thereof for any weight 7 exceeding that which is provided for in subsection (a) of 8 Sections 15-5100, 15-5200 and 15-5300. 9 (b) A municipality is authorized to enforce a county 10 weight limit ordinance applying to county highways within its 11 corporate limits and is entitled to the proceeds of any fines 12 collected from the enforcement. 13 (625 ILCS 5/15-10600 new) 14 Sec. 15-10600. Violations; Spilling Loads on Highways. 15 (a) Any person who operates a flatbed truck on any 16 highway in violation of the rules promulgated by the 17 Department under Section 15-6300 shall be guilty of a Class A 18 misdemeanor. 19 (b) Any violation of the provisions of Section 15-6400 20 shall be a petty offense punishable by a fine not to exceed 21 $250. 22 (625 ILCS 5/15-10700 new) 23 Sec. 15-10700. Vehicles Exceeding Prescribed Weight 24 Limits; Preventing Use of Highway. 25 (a) The Department of State Police is directed to 26 institute and maintain a program designed to prevent the use 27 of public highways by vehicles which exceed the maximum 28 weights allowed by this Chapter or which exceed the maximum 29 weights allowed as evidenced by the license plates attached 30 to the vehicle and which license is required by this Act. 31 (b) The program shall make provision for an intensive 32 campaign by the State Police to apprehend any violators of -94- LRB9008713WHdvB 1 the acts set forth in subsection (a), and at all times to 2 maintain a vigilant watch for possible violators of those 3 acts. 4 (c) The Department of State Police shall maintain 5 records of the number of violators of those acts apprehended 6 and the number of convictions obtained. A resume of the 7 records shall be included in the Department's annual report 8 to the Governor, and the Department shall also present the 9 resume to each regular session of the General Assembly. 10 (d) The requirement for reporting to the General 11 Assembly shall be satisfied by filing copies of the report 12 with the Speaker, the Minority Leader, and the Clerk of the 13 House of Representatives; the President, the Minority Leader, 14 and the Secretary of the Senate; the Legislative Research 15 Unit, as required by Section 3.1 of the General Assembly 16 Organization Act; and filing additional copies with the State 17 Government Report Distribution Center for the General 18 Assembly as required under paragraph (t) of Section 7 of the 19 State Library Act. 20 (625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105) 21 Sec. 16-105. Disposition of fines and forfeitures. 22 (a) Except as provided in Section 16-104a of this Act 23 and except for those amounts required to be paid into the 24 Traffic and Criminal Conviction Surcharge Fund in the State 25 Treasury pursuant to Section 9.1 of the Illinois Police 26 Training Act and Section 5-9-1 of the Unified Code of 27 Corrections and except those amounts subject to disbursement 28 by the circuit clerk under Section 27.5 of the Clerks of 29 Courts Act, fines and penalties recovered under the 30 provisions of Chapters 11 through 16 inclusive of this Code 31 shall be paid and used as follows: 32 1. For offenses committed upon a highway within the 33 limits of a city, village, or incorporated town or under -95- LRB9008713WHdvB 1 the jurisdiction of any park district, to the treasurer 2 of the particular city, village, incorporated town or 3 park district, if the violator was arrested by the 4 authorities of the city, village, incorporated town or 5 park district, provided the police officers and officials 6 of cities, villages, incorporated towns and park 7 districts shall seasonably prosecute for all fines and 8 penalties under this Code. If the violation is prosecuted 9 by the authorities of the county, any fines or penalties 10 recovered shall be paid to the county treasurer. Provided 11 further that if the violator was arrested by the State 12 Police, fines and penalties recovered under the 13 provisions of paragraph (a) of Section 15-1010015-113of 14 this Code orparagraph (e) ofSection 15-1050015-316of 15 this Code shall be paid over to the Department of State 16 Police which shall thereupon remit the amount of the 17 fines and penalties so received to the State Treasurer 18 who shall deposit the amount so remitted in the special 19 fund in the State treasury known as the Road Fund except 20 that if the violation is prosecuted by the State's 21 Attorney, 10% of the fine or penalty recovered shall be 22 paid to the State's Attorney as a fee of his office and 23 the balance shall be paid over to the Department of State 24 Police for remittance to and deposit by the State 25 Treasurer as hereinabove provided. 26 2. Except as provided in paragraph 4, for offenses 27 committed upon any highway outside the limits of a city, 28 village, incorporated town or park district, to the 29 county treasurer of the county where the offense was 30 committed except if such offense was committed on a 31 highway maintained by or under the supervision of a 32 township, township district, or a road district to the 33 Treasurer thereof for deposit in the road and bridge fund 34 of such township or other district; Provided, that fines -96- LRB9008713WHdvB 1 and penalties recovered under the provisions of paragraph 2 (a) of Section 15-1010015-113, paragraph (d) of Section 3 3-401, orparagraph (e) ofSection 15-1050015-316of 4 this Code shall be paid over to the Department of State 5 Police which shall thereupon remit the amount of the 6 fines and penalties so received to the State Treasurer 7 who shall deposit the amount so remitted in the special 8 fund in the State treasury known as the Road Fund except 9 that if the violation is prosecuted by the State's 10 Attorney, 10% of the fine or penalty recovered shall be 11 paid to the State's Attorney as a fee of his office and 12 the balance shall be paid over to the Department of State 13 Police for remittance to and deposit by the State 14 Treasurer as hereinabove provided. 15 3. Notwithstanding subsections 1 and 2 of this 16 paragraph, for violations of overweight and overload 17 limits found in Chapter 15Sections 15-101 through 15-20318 of this Code, which are committed upon the highways 19 belonging to the Illinois State Toll Highway Authority, 20 fines and penalties shall be paid over to the Illinois 21 State Toll Highway Authority for deposit with the State 22 Treasurer into that special fund known as the Illinois 23 State Toll Highway Authority Fund, except that if the 24 violation is prosecuted by the State's Attorney, 10% of 25 the fine or penalty recovered shall be paid to the 26 State's Attorney as a fee of his office and the balance 27 shall be paid over to the Illinois State Toll Highway 28 Authority for remittance to and deposit by the State 29 Treasurer as hereinabove provided. 30 4. With regard to violations of overweight and 31 overload limits found in Chapter 15Sections 15-10132through 15-203of this Code committed by operators of 33 vehicles registered as Special Hauling Vehicles, for 34 offenses committed upon a highway within the limits of a -97- LRB9008713WHdvB 1 city, village, or incorporated town or under the 2 jurisdiction of any park district, all fines and 3 penalties shall be paid over or retained as required in 4 paragraph 1. However, with regard to the above offenses 5 committed by operators of vehicles registered as Special 6 Hauling Vehicles upon any highway outside the limits of a 7 city, village, incorporated town or park district, fines 8 and penalties shall be paid over or retained by the 9 entity having jurisdiction over the road or highway upon 10 which the offense occurred, except that if the violation 11 is prosecuted by the State's Attorney, 10% of the fine or 12 penalty recovered shall be paid to the State's Attorney 13 as a fee of his office. 14 (b) Failure, refusal or neglect on the part of any 15 judicial or other officer or employee receiving or having 16 custody of any such fine or forfeiture either before or after 17 a deposit with the proper official as defined in paragraph 18 (a) of this Section, shall constitute misconduct in office 19 and shall be grounds for removal therefrom. 20 (Source: P.A. 88-403; 88-476; 88-535; 89-117, eff. 7-7-95.) 21 (625 ILCS 5/15-101 rep.) 22 (625 ILCS 5/15-102 rep.) 23 (625 ILCS 5/15-103 rep.) 24 (625 ILCS 5/15-105 rep.) 25 (625 ILCS 5/15-106 rep.) 26 (625 ILCS 5/15-107 rep.) 27 (625 ILCS 5/15-108 rep.) 28 (625 ILCS 5/15-109 rep.) 29 (625 ILCS 5/15-109.1 rep.) 30 (625 ILCS 5/15-110 rep.) 31 (625 ILCS 5/15-111 rep.) 32 (625 ILCS 5/15-112 rep.) 33 (625 ILCS 5/15-113 rep.) -98- LRB9008713WHdvB 1 (625 ILCS 5/15-113.1 rep.) 2 (625 ILCS 5/15-113.2 rep.) 3 (625 ILCS 5/15-113.3 rep.) 4 (625 ILCS 5/15-114 rep.) 5 (625 ILCS 5/15-115 rep.) 6 (625 ILCS 5/15-201 rep.) 7 (625 ILCS 5/15-202 rep.) 8 (625 ILCS 5/15-203 rep.) 9 (625 ILCS 5/15-301 rep.) 10 (625 ILCS 5/15-302 rep.) 11 (625 ILCS 5/15-303 rep.) 12 (625 ILCS 5/15-304 rep.) 13 (625 ILCS 5/15-305 rep.) 14 (625 ILCS 5/15-306 rep.) 15 (625 ILCS 5/15-307 rep.) 16 (625 ILCS 5/15-308 rep.) 17 (625 ILCS 5/15-308.1 rep.) 18 (625 ILCS 5/15-309 rep.) 19 (625 ILCS 5/15-310 rep.) 20 (625 ILCS 5/15-311 rep.) 21 (625 ILCS 5/15-312 rep.) 22 (625 ILCS 5/15-313 rep.) 23 (625 ILCS 5/15-314 rep.) 24 (625 ILCS 5/15-315 rep.) 25 (625 ILCS 5/15-316 rep.) 26 (625 ILCS 5/15-317 rep.) 27 (625 ILCS 5/15-318 rep.) 28 (625 ILCS 5/15-319 rep.) 29 Section 15. The Illinois Vehicle Code is amended by 30 repealing Sections 15-101 through 15-319. -99- LRB9008713WHdvB 1 INDEX 2 Statutes amended in order of appearance 3 415 ILCS 5/10 from Ch. 111 1/2, par. 1010 4 625 ILCS 5/1-190.05 5 625 ILCS 5/1-204.3 6 625 ILCS 5/3-401 from Ch. 95 1/2, par. 3-401 7 625 ILCS 5/3-815 from Ch. 95 1/2, par. 3-815 8 625 ILCS 5/3-818 from Ch. 95 1/2, par. 3-818 9 625 ILCS 5/6-306.4 from Ch. 95 1/2, par. 6-306.4 10 625 ILCS 5/12-215 from Ch. 95 1/2, par. 12-215 11 625 ILCS 5/Chap. 15, Art. I heading 12 625 ILCS 5/15-1000 new 13 625 ILCS 5/15-1100 new 14 625 ILCS 5/15-1200 new 15 625 ILCS 5/15-1300 new 16 625 ILCS 5/15-1400 new 17 625 ILCS 5/15-1500 new 18 625 ILCS 5/15-1600 new 19 625 ILCS 5/15-1700 new 20 625 ILCS 5/Chap. 15, Art. II heading 21 625 ILCS 5/15-2000 new 22 625 ILCS 5/15-2100 new 23 625 ILCS 5/15-2200 new 24 625 ILCS 5/Chap. 15, Art. III heading 25 625 ILCS 5/15-3000 new 26 625 ILCS 5/15-3100 new 27 625 ILCS 5/15-3200 new 28 625 ILCS 5/15-3300 new 29 625 ILCS 5/15-3400 new 30 625 ILCS 5/Chap. 15, Art. IV heading new 31 625 ILCS 5/15-4000 new 32 625 ILCS 5/15-4100 new 33 625 ILCS 5/15-4200 new 34 625 ILCS 5/15-4300 new -100- LRB9008713WHdvB 1 625 ILCS 5/15-4400 new 2 625 ILCS 5/15-4500 new 3 625 ILCS 5/Chap. 15, Art. V heading new 4 625 ILCS 5/15-5000 new 5 625 ILCS 5/15-5100 new 6 625 ILCS 5/15-5200 new 7 625 ILCS 5/15-5300 new 8 625 ILCS 5/15-5400 new 9 625 ILCS 5/Chap. 15, Art. VI heading new 10 625 ILCS 5/15-6000 new 11 625 ILCS 5/15-6100 new 12 625 ILCS 5/15-6200 new 13 625 ILCS 5/15-6300 new 14 625 ILCS 5/15-6400 new 15 625 ILCS 5/15-6500 new 16 625 ILCS 5/15-6600 new 17 625 ILCS 5/15-6700 new 18 625 ILCS 5/15-6800 new 19 625 ILCS 5/15-6900 new 20 625 ILCS 5/15-6950 new 21 625 ILCS 5/15-6990 new 22 625 ILCS 5/Chap. 15, Art. VII heading new 23 625 ILCS 5/15-7000 new 24 625 ILCS 5/15-7100 new 25 625 ILCS 5/15-7200 new 26 625 ILCS 5/15-7300 new 27 625 ILCS 5/15-7400 new 28 625 ILCS 5/15-7500 new 29 625 ILCS 5/15-7600 new 30 625 ILCS 5/15-7700 new 31 625 ILCS 5/15-7800 new 32 625 ILCS 5/15-7900 new 33 625 ILCS 5/Chap. 15, Art. VIII heading new 34 625 ILCS 5/15-8000 new -101- LRB9008713WHdvB 1 625 ILCS 5/15-8100 new 2 625 ILCS 5/15-8200 new 3 625 ILCS 5/15-8300 new 4 625 ILCS 5/15-8400 new 5 625 ILCS 5/Chap. 15, Art. IX heading new 6 625 ILCS 5/15-9000 new 7 625 ILCS 5/15-9050 new 8 625 ILCS 5/15-9100 new 9 625 ILCS 5/15-9150 new 10 625 ILCS 5/15-9200 new 11 625 ILCS 5/15-9250 new 12 625 ILCS 5/15-9300 new 13 625 ILCS 5/15-9350 new 14 625 ILCS 5/15-9400 new 15 625 ILCS 5/15-9450 new 16 625 ILCS 5/15-9500 new 17 625 ILCS 5/15-9550 new 18 625 ILCS 5/15-9600 new 19 625 ILCS 5/15-9650 new 20 625 ILCS 5/15-9700 new 21 625 ILCS 5/15-9750 new 22 625 ILCS 5/15-9800 new 23 625 ILCS 5/15-9850 new 24 625 ILCS 5/15-9900 new 25 625 ILCS 5/15-9950 new 26 625 ILCS 5/15-9990 new 27 625 ILCS 5/Chap. 15, Art. X heading new 28 625 ILCS 5/15-10000 new 29 625 ILCS 5/15-10100 new 30 625 ILCS 5/15-10200 new 31 625 ILCS 5/15-10300 new 32 625 ILCS 5/15-10400 new 33 625 ILCS 5/15-10500 new 34 625 ILCS 5/15-10600 new -102- LRB9008713WHdvB 1 625 ILCS 5/15-10700 new 2 625 ILCS 5/16-105 from Ch. 95 1/2, par. 16-105 3 625 ILCS 5/15-101 rep. 4 625 ILCS 5/15-102 rep. 5 625 ILCS 5/15-103 rep. 6 625 ILCS 5/15-105 rep. 7 625 ILCS 5/15-106 rep. 8 625 ILCS 5/15-107 rep. 9 625 ILCS 5/15-108 rep. 10 625 ILCS 5/15-109 rep. 11 625 ILCS 5/15-109.1 rep. 12 625 ILCS 5/15-110 rep. 13 625 ILCS 5/15-111 rep. 14 625 ILCS 5/15-112 rep. 15 625 ILCS 5/15-113 rep. 16 625 ILCS 5/15-113.1 rep. 17 625 ILCS 5/15-113.2 rep. 18 625 ILCS 5/15-113.3 rep. 19 625 ILCS 5/15-114 rep. 20 625 ILCS 5/15-115 rep. 21 625 ILCS 5/15-201 rep. 22 625 ILCS 5/15-202 rep. 23 625 ILCS 5/15-203 rep. 24 625 ILCS 5/15-301 rep. 25 625 ILCS 5/15-302 rep. 26 625 ILCS 5/15-303 rep. 27 625 ILCS 5/15-304 rep. 28 625 ILCS 5/15-305 rep. 29 625 ILCS 5/15-306 rep. 30 625 ILCS 5/15-307 rep. 31 625 ILCS 5/15-308 rep. 32 625 ILCS 5/15-308.1 rep. 33 625 ILCS 5/15-309 rep. 34 625 ILCS 5/15-310 rep. -103- LRB9008713WHdvB 1 625 ILCS 5/15-311 rep. 2 625 ILCS 5/15-312 rep. 3 625 ILCS 5/15-313 rep. 4 625 ILCS 5/15-314 rep. 5 625 ILCS 5/15-315 rep. 6 625 ILCS 5/15-316 rep. 7 625 ILCS 5/15-317 rep. 8 625 ILCS 5/15-318 rep. 9 625 ILCS 5/15-319 rep.