State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Engrossed ]

90_SB0818enr

      625 ILCS 5/15-301         from Ch. 95 1/2, par. 15-301
      625 ILCS 5/15-307         from Ch. 95 1/2, par. 15-307
      625 ILCS 5/18b-105        from Ch. 95 1/2, par. 18b-105
          Amends the Illinois  Vehicle  Code.   Provides  that  the
      Department  of  Transportation shall issue an annual (instead
      of semi-annual) permit authorizing a local authority to  move
      oversize  highway  construction, transportation, utility, and
      maintenance equipment over roads under  the  jurisdiction  of
      the  Department.  Removes a provision that provides that only
      single trip permits shall  be  issued  for  moving  vehicles,
      combinations  of  vehicles,  and  loads with overweight-gross
      loads not included in the fee categories.  Removes  reference
      to   certain  parts  of  the  Federal  Motor  Carrier  Safety
      Regulations  that  shall  not  apply  to  certain  intrastate
      carriers, drivers, and vehicles.  Effective immediately.
                                                     LRB9001363NTsb
SB818 Enrolled                                 LRB9001363NTsb
 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Sections 15-301, 15-307, and 18b-105.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Sections 15-301, 15-307, and 18b-105 as follows:
 7        (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
 8        Sec. 15-301.  Permits for excess size and weight.
 9        (a)  The  Department  with  respect to highways under its
10    jurisdiction and local authorities with respect  to  highways
11    under  their  jurisdiction  may,  in  their  discretion, upon
12    application and good cause  being  shown  therefor,  issue  a
13    special permit authorizing the applicant to operate or move a
14    vehicle  or  combination  of  vehicles of a size or weight of
15    vehicle or load exceeding the maximum specified in  this  Act
16    or otherwise not in conformity with this Act upon any highway
17    under  the jurisdiction of the party granting such permit and
18    for the  maintenance  of  which  the  party  is  responsible.
19    Applications  and  permits  other  than  those  in written or
20    printed form may only be accepted  from  and  issued  to  the
21    company  or  individual  making  the  movement. Except for an
22    application to move directly across a highway,  it  shall  be
23    the  duty  of  the  applicant to establish in the application
24    that the load to be moved by such vehicle or  combination  is
25    composed  of  a  single  object  that  cannot  reasonably  be
26    dismantled  or  disassembled.  More  than  one  object may be
27    carried  under  permit  as  long  as  the  carriage  of   the
28    additional  object  or  objects  does  not  cause the size or
29    weight of the vehicle or load to exceed beyond that  required
30    for  carriage  of the single, indivisible object itself.  For
31    the purpose of over length movements, more  than  one  object
SB818 Enrolled              -2-                LRB9001363NTsb
 1    may be carried side by side as long as the height, width, and
 2    weight  laws  are  not  exceeded  and  the cause for the over
 3    length is not due to multiple objects.  For  the  purpose  of
 4    over height movements, more than one object may be carried as
 5    long  as the cause for the over height is not due to multiple
 6    objects and the  length,  width,  and  weight  laws  are  not
 7    exceeded.   For  the  purpose of an over width movement, more
 8    than one object may be carried as long as the cause  for  the
 9    over width is not due to multiple objects and length, height,
10    and  weight  laws are not exceeded.  No state or local agency
11    shall authorize the issuance of excess size or weight permits
12    for vehicles and loads that are divisible  and  that  can  be
13    carried,  when  divided,  within  the existing size or weight
14    maximums specified in  this  Chapter.   Any  excess  size  or
15    weight  permit  issued in violation of the provisions of this
16    Section  shall  be  void  at  issue  and  any  movement  made
17    thereunder shall not be authorized under  the  terms  of  the
18    void  permit.   In  any  prosecution  for a violation of this
19    Chapter when the authorization of an excess  size  or  weight
20    permit  is  at  issue,  it  is the burden of the defendant to
21    establish that the permit was valid because the  load  to  be
22    moved  could not reasonably be dismantled or disassembled, or
23    was otherwise indivisible.
24        (b)  The application for any such permit shall: (1) state
25    whether such permit is requested for a  single  trip  or  for
26    limited  continuous  operation; (2) state if the applicant is
27    an authorized carrier under the  Illinois  Motor  Carrier  of
28    Property  Law, if so, his certificate, registration or permit
29    number  issued  by  the  Illinois  Commerce  Commission;  (3)
30    specifically describe and identify the  vehicle  or  vehicles
31    and  load to be operated or moved except that for vehicles or
32    vehicle combinations registered by the Department as provided
33    in  Section  15-319  of  this  Chapter,  only  the   Illinois
34    Department  of  Transportation's (IDT) registration number or
SB818 Enrolled              -3-                LRB9001363NTsb
 1    classification need be given; (4) state the routing requested
 2    including the points  of  origin  and  destination,  and  may
 3    identify  and  include  a  request for routing to the nearest
 4    certified scale in accordance with the Department's rules and
 5    regulations, provided the applicant has approval to travel on
 6    local roads; and (5) state if the vehicles or loads are being
 7    transported for hire.  No  permits  for  the  movement  of  a
 8    vehicle or load for hire shall be issued to any applicant who
 9    is  required under the Illinois Motor Carrier of Property Law
10    to have a certificate, registration or permit  and  does  not
11    have such certificate, registration or permit.
12        (c)  The   Department   or   local   authority  when  not
13    inconsistent with traffic safety is authorized  to  issue  or
14    withhold such permit at its discretion; or, if such permit is
15    issued  at its discretion to prescribe the route or routes to
16    be traveled, to limit  the  number  of  trips,  to  establish
17    seasonal  or other time limitations within which the vehicles
18    described may be  operated  on  the  highways  indicated,  or
19    otherwise  to  limit or prescribe conditions of operations of
20    such vehicle or vehicles, when necessary  to  assure  against
21    undue damage to the road foundations, surfaces or structures,
22    and  may require such undertaking or other security as may be
23    deemed necessary to compensate for any injury to any  roadway
24    or  road  structure.  The  Department  shall maintain a daily
25    record of each permit issued  along  with  the  fee  and  the
26    stipulated  dimensions,  weights, conditions and restrictions
27    authorized and this record shall be presumed correct  in  any
28    case of questions or dispute. The Department shall install an
29    automatic  device  for  recording  applications  received and
30    permits  issued  by  telephone.  In  making  application   by
31    telephone,  the Department and applicant waive all objections
32    to the recording of the conversation.
33        (d)  The Department shall, upon  application  in  writing
34    from  any  local  authority,  issue  an  annual a semi-annual
SB818 Enrolled              -4-                LRB9001363NTsb
 1    permit authorizing  the  local  authority  to  move  oversize
 2    highway construction, transportation, utility and maintenance
 3    equipment   over   roads   under   the  jurisdiction  of  the
 4    Department. The permit shall be applicable only to  equipment
 5    and  vehicles owned by or registered in the name of the local
 6    authority, and no fee shall be charged for  the  issuance  of
 7    such permits.
 8        (e)  As  an  exception  to paragraph (a) of this Section,
 9    the  Department  and  local  authorities,  with  respect   to
10    highways  under  their  respective  jurisdictions,  in  their
11    discretion  and  upon  application  in  writing  may  issue a
12    special permit for limited continuous operation,  authorizing
13    the  applicant  to  move loads of sweet corn, soybeans, corn,
14    wheat, milo, other  small  grains  and  ensilage  during  the
15    harvest  season only on a 2 axle single vehicle registered by
16    the Secretary of State with axle  loads  not  to  exceed  35%
17    above those provided in Section 15-111. Permits may be issued
18    for a period not to exceed 40 days and moves may be made of a
19    distance  not  to exceed 25 miles from a field to a specified
20    processing plant over any highway except the National  System
21    of  Interstate  and Defense Highways. All such vehicles shall
22    be operated in  the  daytime  except  when  weather  or  crop
23    conditions  require  emergency  operation  at night, but with
24    respect to such night operation, every such vehicle with load
25    shall be equipped with flashing  amber  lights  as  specified
26    under Section 12-215. Upon a declaration by the Governor that
27    an  emergency  harvest  situation  exists,  a  special permit
28    issued by the Department under  this  Section  shall  not  be
29    required  from September 1 through December 31 during harvest
30    season emergencies, provided that the weight does not  exceed
31    20%  above  the limits provided in Section 15-111.  All other
32    restrictions that apply to permits issued under this  Section
33    shall apply during the declared time period.  With respect to
34    highways  under  the  jurisdiction  of local authorities, the
SB818 Enrolled              -5-                LRB9001363NTsb
 1    local authorities may, at  their  discretion,  waive  special
 2    permit  requirements during harvest season emergencies.  This
 3    permit exemption shall apply  to  all  vehicles  eligible  to
 4    obtain  permits  under  this  Section,  including  commercial
 5    vehicles in use during the declared time period.
 6        (f)  The   form  and  content  of  the  permit  shall  be
 7    determined by the Department with respect to  highways  under
 8    its  jurisdiction  and  by  local authorities with respect to
 9    highways under their jurisdiction. Every permit shall  be  in
10    written  form  and  carried  in the vehicle or combination of
11    vehicles to which it refers and shall be open  to  inspection
12    by  any  police  officer or authorized agent of any authority
13    granting the permit and no person shall violate  any  of  the
14    terms  or conditions of such special permit. Violation of the
15    terms and conditions of the permit  shall  not  be  deemed  a
16    revocation of the permit; however, any vehicle and load found
17    to be off the route prescribed in the permit shall be held to
18    be  operating  without  a  permit.  Any off route vehicle and
19    load shall be required to obtain a new permit or permits,  as
20    necessary,  to  authorize the movement back onto the original
21    permit routing. No rule or regulation,  nor  anything  herein
22    shall be construed to authorize any police officer, court, or
23    authorized  agent  of  any  authority  granting the permit to
24    remove the permit from the possession of the permittee unless
25    the permittee is charged with a fraudulent  permit  violation
26    as  provided  in  paragraph  (i). However, upon arrest for an
27    offense of violation of permit, operating  without  a  permit
28    when  the vehicle is off route, or any size or weight offense
29    under this Chapter when the  permittee  plans  to  raise  the
30    issuance  of  the  permit as a defense, the permittee, or his
31    agent,  must  produce  the  permit  at  any   court   hearing
32    concerning the alleged offense.
33        If  the  permit  designates  and  includes a routing to a
34    certified  scale,  the  permitee,  while   enroute   to   the
SB818 Enrolled              -6-                LRB9001363NTsb
 1    designated  scale,  shall  be  deemed  in compliance with the
 2    weight provisions of the permit provided the  axle  or  gross
 3    weights  do  not  exceed  any of the permitted limits by more
 4    than the following amounts:
 5             Single axle               2000 pounds
 6             Tandem axle               3000 pounds
 7             Gross                     5000 pounds
 8        (g)  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.
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        The  Department  shall  establish  reasonable  rules  and
32    regulations regarding liability insurance or  self  insurance
33    for  vehicles  with  oversized  loads  promulgated  under The
34    Illinois Administrative Procedure Act. Police vehicles may be
SB818 Enrolled              -7-                LRB9001363NTsb
 1    required for escort under circumstances as required by  rules
 2    and regulations of the Department.
 3        (h)  Violation  of  any  rule, limitation or condition or
 4    provision  of  any  permit  issued  in  accordance  with  the
 5    provisions of this Section shall not render the entire permit
 6    null and void but the violator  shall  be  deemed  guilty  of
 7    violation  of permit and guilty of exceeding any size, weight
 8    or load limitations in excess  of  those  authorized  by  the
 9    permit.  The prescribed route or routes on the permit are not
10    mere rules, limitations, conditions,  or  provisions  of  the
11    permit,  but  are  also  the sole extent of the authorization
12    granted by the permit.  If a vehicle and load are found to be
13    off the route or routes prescribed by any permit  authorizing
14    movement,  the  vehicle  and  load  are  operating  without a
15    permit.  Any off route movement shall be subject to the  size
16    and  weight maximums, under the applicable provisions of this
17    Chapter, as determined by the  type  or  class  highway  upon
18    which the vehicle and load are being operated.
19        (i)  Whenever  any  vehicle  is operated or movement made
20    under a fraudulent permit the permit shall be void,  and  the
21    person, firm, or corporation to whom such permit was granted,
22    the  driver  of  such  vehicle  in addition to the person who
23    issued such permit and any  accessory,  shall  be  guilty  of
24    fraud  and  either  one  or all persons may be prosecuted for
25    such violation. Any person, firm, or  corporation  committing
26    such  violation  shall  be guilty of a Class 4 felony and the
27    Department shall not issue permits to  the  person,  firm  or
28    corporation  convicted  of such violation for a period of one
29    year after the date of conviction. Penalties  for  violations
30    of this Section shall be in addition to any penalties imposed
31    for violation of other Sections of this Act.
32        (j)  Whenever any vehicle is operated or movement made in
33    violation of a permit issued in accordance with this Section,
34    the  person to whom such permit was granted, or the driver of
SB818 Enrolled              -8-                LRB9001363NTsb
 1    such vehicle, is guilty of such violation and either, but not
 2    both, persons may be prosecuted for such violation as  stated
 3    in  this  subsection  (j).  Any  person,  firm or corporation
 4    convicted of such  violation  shall  be  guilty  of  a  petty
 5    offense  and  shall  be fined for the first offense, not less
 6    than $50 nor more than $200 and, for the  second  offense  by
 7    the  same  person, firm or corporation within a period of one
 8    year, not less than $200 nor more  than  $300  and,  for  the
 9    third  offense by the same person, firm or corporation within
10    a period of one year after the date of the first offense, not
11    less than $300 nor more than $500 and  the  Department  shall
12    not   issue  permits  to  the  person,  firm  or  corporation
13    convicted of a third offense during  a  period  of  one  year
14    after the date of conviction for such third offense.
15        (k)  Whenever  any  vehicle  is  operated  on local roads
16    under permits for excess width  or  length  issued  by  local
17    authorities,  such  vehicle may be moved upon a State highway
18    for a distance not to exceed one-half mile without  a  permit
19    for the purpose of crossing the State highway.
20        (l)  Notwithstanding any other provision of this Section,
21    the   Department,   with   respect   to  highways  under  its
22    jurisdiction, and local authorities, with respect to highways
23    under their jurisdiction, may at their  discretion  authorize
24    the  movement of a vehicle in violation of any size or weight
25    requirement, or both, that would not ordinarily  be  eligible
26    for  a  permit,  when there is a showing of extreme necessity
27    that the vehicle and load should be moved without unnecessary
28    delay.
29        For the purpose of this subsection,  showing  of  extreme
30    necessity  shall  be  limited to the following:  shipments of
31    livestock, hazardous materials, liquid concrete being  hauled
32    in a mobile cement mixer, or hot asphalt.
33        (m)  Penalties for violations of this Section shall be in
34    addition  to  any  penalties  imposed for violating any other
SB818 Enrolled              -9-                LRB9001363NTsb
 1    Section of this Code.
 2    (Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.)
 3        (625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
 4        Sec. 15-307. Fees for Overweight-Gross  Loads.  Fees  for
 5    special  permits  to  move vehicles, combinations of vehicles
 6    and loads with overweight-gross loads shall be  paid  at  the
 7    flat  rate  fees  established  in this Section for weights in
 8    excess of legal  gross  weights,  by  the  applicant  to  the
 9    Department. Single trip permits only shall be issued.
10        (a)  With  respect  to  fees  for  overweight-gross loads
11    listed in this Section and for overweight-axle  loads  listed
12    in  Section  15-306, one fee only shall be charged, whichever
13    is the greater, but not for both.
14        (b)  In lieu of the  fees  stated  in  this  Section  and
15    Section  15-306,  with  respect  to  combinations of vehicles
16    consisting of a 3-axle  truck  tractor  with  a  tandem  axle
17    composed  of  2  consecutive  axles drawing a semitrailer, or
18    other vehicle approved by the  Department,  equipped  with  a
19    tandem  axle  composed  of 3 consecutive axles, weighing over
20    73,280 pounds but not more than 88,000 pounds  gross  weight,
21    the fees shall be at the following rates:
22    Distance                                                 Rate
23    For the first
24    45 miles                                                  $10
25    From 45 miles
26    to 90 miles                                             12.50
27    From 90 miles
28    to 135 miles                                            15.00
29    From 135 miles
30    to 180 miles                                            17.50
31    From 180 miles
32    to 225 miles                                            20.00
33    For each additional 45 miles
SB818 Enrolled              -10-               LRB9001363NTsb
 1    or part thereof in excess of the rate
 2    for 225 miles, an additional                             2.50
 3        For such combinations weighing over 88,000 pounds but not
 4    more  than  100,000 pounds gross weight, the fees shall be at
 5    the following rates:
 6             Distance                                        Rate
 7    For the first
 8    45 miles                                                   15
 9    From 45 miles
10    to 90 miles                                                25
11    From 90 miles
12    to 135 miles                                               35
13    From 135 miles
14    to 180 miles                                               45
15    From 180 miles
16    to 225 miles                                               55
17    For each additional
18    45 miles or part
19    thereof in excess of
20    the rate for 225 miles,
21    an additional                                              10
22        For such combination weighing over 100,000 pounds but not
23    more than 110,000 pounds gross weight, the fees shall  be  at
24    the following rates:
25             Distance                                        Rate
26    For the first
27    45 miles                                                  $20
28    From 45 miles
29    to 90 miles                                             32.50
30    From 90 miles
31    to 135 miles                                               45
32    From 135 miles
33    to 180 miles                                            57.50
34    From 180 miles
SB818 Enrolled              -11-               LRB9001363NTsb
 1    to 225 miles                                               70
 2    For each additional
 3    45 miles or part
 4    thereof in excess of the
 5    rate for 225 miles
 6    an additional                                           12.50
 7        For  such  combinations  weighing over 110,000 pounds but
 8    not more than 120,000 pounds gross weight, the fees shall  be
 9    at the following rates:
10             Distance                                        Rate
11    For the first
12    45 miles                                                  $30
13    From 46 miles to
14    90 miles                                                   55
15    From 90 miles to
16    135 miles                                                  80
17    From 135 miles to
18    180 miles                                                 105
19    From 180 miles to
20    225 miles                                                 130
21    For each additional
22    45 miles or part
23    thereof in excess of
24    the rate for 225
25    miles an additional                                        25
26        Payment  of  overweight  fees  for the above combinations
27    also 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        (c)  In lieu of the  fees  stated  in  this  Section  and
31    Section  15-306 of this Chapter, with respect to combinations
32    of vehicles consisting of  a  3-axle  truck  tractor  with  a
33    tandem  axle  composed  of  2  consecutive  axles  drawing  a
34    semitrailer,  or  other  vehicle  approved by the Department,
SB818 Enrolled              -12-               LRB9001363NTsb
 1    equipped with a tandem axle composed of 2 consecutive  axles,
 2    weighing  over  73,280 pounds but not more than 88,000 pounds
 3    gross weight, the fees shall be at the following rates:
 4    Distance                                                 Rate
 5    For the first
 6    45 miles                                                  $20
 7    From 45 miles
 8    to 90 miles                                             32.50
 9    From 90 miles
10    to 135 miles                                               45
11    From 135 miles
12    to 180 miles                                            57.50
13    From 180 miles
14    to 225 miles                                               70
15    For each additional
16    60 miles or part
17    thereof in excess of
18    the rate for 225 miles
19    an additional                                           12.50
20        For such combination weighing over 88,000 pounds but  not
21    more  than  100,000 pounds gross weight, the fees shall be at
22    the following rates:
23             Distance                                        Rate
24    For the first
25    45 miles                                                  $30
26    From 46 miles
27    to 90 miles                                                55
28    From 90 miles
29    to 135 miles                                               80
30    From 135 miles
31    to 180 miles                                              105
32    From 180 miles
33    to 225 miles                                              130
34    For each additional
SB818 Enrolled              -13-               LRB9001363NTsb
 1    45 miles or part
 2    thereof in excess of
 3    the rate for 225 miles
 4    an additional                                              25
 5        Payment of overweight fees  for  the  above  combinations
 6    also  shall include fees for overwidth dimension of 4 feet or
 7    less, overheight and overlength. Any overwidth in excess of 4
 8    feet shall be charged an additional overwidth fee of $15.
 9        (d)  In lieu of the fees stated in this  Section  and  in
10    Section 15-306 of this Chapter, with respect to a 3 (or more)
11    axle  mobile  crane or water well-drilling vehicle consisting
12    of a single axle and a tandem axle or 2  tandem  axle  groups
13    composed  of  2  consecutive  axles  each, with a distance of
14    extreme axles not less than 18 feet, weighing not  more  than
15    60,000  pounds  gross  with no single axle weighing more than
16    21,000 pounds, or any tandem  axle  group  to  exceed  40,000
17    pounds, the fees shall be at the following rates:
18             Distance                                        Rate
19    For the first
20    45 miles                                               $12.50
21    For each additional
22    45 miles or
23    portion thereof                                          9.00
24        For  such  vehicles  weighing  over 60,000 pounds but not
25    more than 68,000 pounds with no  single  axle  weighing  more
26    than  21,000 pounds and no tandem axle group exceeding 48,000
27    pounds, the fees shall be at the following rates:
28             Distance                                        Rate
29    For the first 45 miles                                    $20
30    For each additional 45 miles or portion thereof         12.50
31        Payment of overweight fees for the  above  vehicle  shall
32    include overwidth dimension of 4 feet or less, overheight and
33    overlength.  Any  overwidth  in  excess  of  4  feet shall be
34    charged an additional overwidth fee of $15.
SB818 Enrolled              -14-               LRB9001363NTsb
 1        (e)  In lieu of the fees stated in this  Section  and  in
 2    Section 15-306 of this Chapter, with respect to a 4 (or more)
 3    axle  mobile  crane or water well drilling vehicle consisting
 4    of 2 sets of tandem axles composed of 2 or  more  consecutive
 5    axles  each with a distance between extreme axles of not less
 6    than 23 feet weighing not more than 72,000 pounds  with  axle
 7    weights  on  one  set  of  tandem  axles not more than 34,000
 8    pounds, and weight in the other set of tandem  axles  not  to
 9    exceed  40,000  pounds,  the  fees  shall be at the following
10    rates:
11             Distance                                        Rate
12    For the first
13    45 miles                                                  $15
14    For each additional
15    45 miles or
16    portion thereof                                            10
17        For such vehicles weighing over  72,000  pounds  but  not
18    more  than  76,000  pounds with axle weights on either set of
19    tandem axles not more than 44,000 pounds, the fees  shall  be
20    at the following rates:
21             Distance                                        Rate
22    For the first 45 miles                                    $20
23    For each additional 45 miles or portion thereof         12.50
24        Payment  of  overweight  fees for the above vehicle shall
25    include overwidth dimension of 4 feet or less, overheight and
26    overlength. Any overwidth  in  excess  of  4  feet  shall  be
27    charged an additional fee of $15.
28        (f)  In  lieu  of  fees  stated  in  this  Section and in
29    Section 15-306 of this Chapter, with respect to  a  two  axle
30    mobile  crane  or water well-drilling vehicle consisting of 2
31    single axles weighing not more than  48,000  pounds  with  no
32    single  axle weighing more than 25,000 pounds, the fees shall
33    be at the following rates:
34             Distance                                        Rate
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 1    For the first 45 miles                                    $15
 2    For each additional 45 miles or portion thereof            10
 3        For such vehicles weighing over  48,000  pounds  but  not
 4    more  than  54,000  pounds  with no single axle weighing more
 5    than 28,000 pounds, the fees shall be at the following rates:
 6             Distance                                        Rate
 7    For the first 45 miles                                    $20
 8    For each additional 45 miles or portion thereof         12.50
 9        Payment of overweight fees for the  above  vehicle  shall
10    include overwidth dimension of 4 feet or less, overheight and
11    overlength.  Any  overwidth  in  excess  of  4  feet shall be
12    charged an additional overwidth fee of $15.
13        (g)  Fees  for  special   permits   to   move   vehicles,
14    combinations  of  vehicles,  and  loads with overweight gross
15    loads not included in the fee categories shall be paid by the
16    applicant to the Department at the rate of $50 plus 3.5 cents
17    per ton-mile in excess of legal weight. Single  trip  permits
18    only shall be issued for such movements.
19        With  respect  to  fees  for  overweight  gross loads not
20    included in the schedules specified in paragraphs (a) through
21    (e) of Section 15-307 and for overweight axle loads listed in
22    Section 15-306, one fee only shall be charged,  whichever  is
23    the  greater,  but not both.  An additional fee in accordance
24    with the schedule  set  forth  in  Section  15-305  shall  be
25    charged for each overdimension.
26    (Source: P.A. 84-566.)
27        (625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
28        Sec. 18b-105.  Rules and Regulations.
29        (a)  The  Department  is  authorized  to  make  and adopt
30    reasonable rules and regulations and orders  consistent  with
31    law necessary to carry out the provisions of this Chapter.
32        (b)  The  following  parts  of  Title  49  of the Code of
33    Federal Regulations, as now in effect, are hereby adopted  by
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 1    reference as though they were set out in full:
 2        Part   390-Federal   Motor  Carrier  Safety  Regulations:
 3    General;
 4        Part 391-Qualifications of Drivers;
 5        Part 392-Driving of Motor Vehicles;
 6        Part  393-Parts  and  Accessories  Necessary   for   Safe
 7    Operation;
 8        Part 395-Hours of Service of Drivers; and
 9        Part 396-Inspection, Repair and Maintenance.
10        (c)  The  following  parts  and  Sections  of the Federal
11    Motor Carrier Safety Regulations shall  not  apply  to  those
12    intrastate   carriers,   drivers   or   vehicles  subject  to
13    subsection (b).
14             (1)  Section 393.93 of Part 393 for  those  vehicles
15        manufactured before June 30, 1972.
16             (2)  Section  393.86  of Part 393 for those vehicles
17        which are registered as farm trucks under subsection  (c)
18        of Section 3-815 of The Illinois Vehicle Code.
19             (3)  (Blank). Section 396.11 of Part 396.
20             (4)  (Blank).  Paragraphs  (b)  and  (c)  of Section
21        396.13 of Part 396.
22             (5)  Paragraph (b)(1) of Section 391.11 of Part 391.
23             (6)  All of Part 395 for all agricultural  movements
24        as  defined  in  this  Chapter,  between  the  period  of
25        February  15  through  June 30 each year, and all farm to
26        market agricultural transportation  as  defined  in  this
27        Chapter  and for grain hauling operations within a radius
28        of 200 air miles of the normal work reporting location.
29             (7)  Paragraphs (b)(3) (insulin dependent  diabetic)
30        and  (b)(10) (minimum visual acuity) of Section 391.41 of
31        part 391, but only for any driver who  immediately  prior
32        to  July  29, 1986 was eligible and licensed to operate a
33        motor vehicle subject to this Section and was engaged  in
34        operating such vehicles, and who was disqualified on July
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 1        29,  1986  by  the  adoption of Part 391 by reason of the
 2        application of paragraphs (b)(3) and (b)(10)  of  Section
 3        391.41  with  respect to a physical condition existing at
 4        that time unless such driver has a  record  of  accidents
 5        which would indicate a lack of ability to operate a motor
 6        vehicle in a safe manner.
 7        (d)  Intrastate   carriers   subject   to  the  recording
 8    provisions of Section 395.8 of Part 395 of the Federal  Motor
 9    Carrier  Safety  Regulations  shall  be exempt as established
10    under paragraph (1) of Section 395.8; provided, however,  for
11    the  purpose of this Code, drivers shall operate within a 150
12    air-mile radius of the  normal  work  reporting  location  to
13    qualify for exempt status.
14        (e)  Regulations  adopted by the Department subsequent to
15    those adopted under subsection (b) hereof shall be  identical
16    in  substance to the Federal Motor Carrier Safety Regulations
17    of the United States Department of Transportation and adopted
18    in accordance with the procedures for rulemaking  in  Section
19    5-35 of the Illinois Administrative Procedure Act.
20    (Source: P.A. 87-829; 88-45; 88-476.)
21        Section  99.  Effective date.  This Act takes effect upon
22    becoming law.

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