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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
| [ Senate Amendment 001 ] |
91_HB2355enr HB2355 Enrolled LRB9102413KSsb 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 15-301 and adding Section 15-308.2. 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 Section 15-301 and adding Section 15-308.2 as 7 follows: 8 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301) `tf 9 Sec. 15-301. Permits for excess size and weight. 10 (a) The Department with respect to highways under its 11 jurisdiction and local authorities with respect to highways 12 under their jurisdiction may, in their discretion, upon 13 application and good cause being shown therefor, issue a 14 special permit authorizing the applicant to operate or move a 15 vehicle or combination of vehicles of a size or weight of 16 vehicle or load exceeding the maximum specified in this Act 17 or otherwise not in conformity with this Act upon any highway 18 under the jurisdiction of the party granting such permit and 19 for the maintenance of which the party is responsible. 20 Applications and permits other than those in written or 21 printed form may only be accepted from and issued to the 22 company or individual making the movement. Except for an 23 application to move directly across a highway, it shall be 24 the duty of the applicant to establish in the application 25 that the load to be moved by such vehicle or combination is 26 composed of a single nondivisible object that cannot 27 reasonably be dismantled or disassembled. For the purpose of 28 over length movements, more than one object may be carried 29 side by side as long as the height, width, and weight laws 30 are not exceeded and the cause for the over length is not due 31 to multiple objects. For the purpose of over height HB2355 Enrolled -2- LRB9102413KSsb 1 movements, more than one object may be carried as long as the 2 cause for the over height is not due to multiple objects and 3 the length, width, and weight laws are not exceeded. For the 4 purpose of an over width movement, more than one object may 5 be carried as long as the cause for the over width is not due 6 to multiple objects and length, height, and weight laws are 7 not exceeded. No state or local agency shall authorize the 8 issuance of excess size or weight permits for vehicles and 9 loads that are divisible and that can be carried, when 10 divided, within the existing size or weight maximums 11 specified in this Chapter. Any excess size or weight permit 12 issued in violation of the provisions of this Section shall 13 be void at issue and any movement made thereunder shall not 14 be authorized under the terms of the void permit. In any 15 prosecution for a violation of this Chapter when the 16 authorization of an excess size or weight permit is at issue, 17 it is the burden of the defendant to establish that the 18 permit was valid because the load to be moved could not 19 reasonably be dismantled or disassembled, or was otherwise 20 nondivisible. 21 (b) The application for any such permit shall: (1) state 22 whether such permit is requested for a single trip or for 23 limited continuous operation; (2) state if the applicant is 24 an authorized carrier under the Illinois Motor Carrier of 25 Property Law, if so, his certificate, registration or permit 26 number issued by the Illinois Commerce Commission; (3) 27 specifically describe and identify the vehicle or vehicles 28 and load to be operated or moved except that for vehicles or 29 vehicle combinations registered by the Department as provided 30 in Section 15-319 of this Chapter, only the Illinois 31 Department of Transportation's (IDT) registration number or 32 classification need be given; (4) state the routing requested 33 including the points of origin and destination, and may 34 identify and include a request for routing to the nearest HB2355 Enrolled -3- LRB9102413KSsb 1 certified scale in accordance with the Department's rules and 2 regulations, provided the applicant has approval to travel on 3 local roads; and (5) state if the vehicles or loads are being 4 transported for hire. No permits for the movement of a 5 vehicle or load for hire shall be issued to any applicant who 6 is required under the Illinois Motor Carrier of Property Law 7 to have a certificate, registration or permit and does not 8 have such certificate, registration or permit. 9 (c) The Department or local authority when not 10 inconsistent with traffic safety is authorized to issue or 11 withhold such permit at its discretion; or, if such permit is 12 issued at its discretion to prescribe the route or routes to 13 be traveled, to limit the number of trips, to establish 14 seasonal or other time limitations within which the vehicles 15 described may be operated on the highways indicated, or 16 otherwise to limit or prescribe conditions of operations of 17 such vehicle or vehicles, when necessary to assure against 18 undue damage to the road foundations, surfaces or structures, 19 and may require such undertaking or other security as may be 20 deemed necessary to compensate for any injury to any roadway 21 or road structure. The Department shall maintain a daily 22 record of each permit issued along with the fee and the 23 stipulated dimensions, weights, conditions and restrictions 24 authorized and this record shall be presumed correct in any 25 case of questions or dispute. The Department shall install an 26 automatic device for recording applications received and 27 permits issued by telephone. In making application by 28 telephone, the Department and applicant waive all objections 29 to the recording of the conversation. 30 (d) The Department shall, upon application in writing 31 from any local authority, issue an annual permit authorizing 32 the local authority to move oversize highway construction, 33 transportation, utility and maintenance equipment over roads 34 under the jurisdiction of the Department. The permit shall be HB2355 Enrolled -4- LRB9102413KSsb 1 applicable only to equipment and vehicles owned by or 2 registered in the name of the local authority, and no fee 3 shall be charged for the issuance of such permits. 4 (e) As an exception to paragraph (a) of this Section, 5 the Department and local authorities, with respect to 6 highways under their respective jurisdictions, in their 7 discretion and upon application in writing may issue a 8 special permit for limited continuous operation, authorizing 9 the applicant to move loads of sweet corn, soybeans, corn, 10 wheat, milo, other small grains and ensilage during the 11 harvest season only on a 2 axle single vehicle registered by 12 the Secretary of State with axle loads not to exceed 35% 13 above those provided in Section 15-111. Permits may be issued 14 for a period not to exceed 40 days and moves may be made of a 15 distance not to exceed 25 miles from a field to a specified 16 processing plant over any highway except the National System 17 of Interstate and Defense Highways. All such vehicles shall 18 be operated in the daytime except when weather or crop 19 conditions require emergency operation at night, but with 20 respect to such night operation, every such vehicle with load 21 shall be equipped with flashing amber lights as specified 22 under Section 12-215. Upon a declaration by the Governor that 23 an emergency harvest situation exists, a special permit 24 issued by the Department under this Section shall not be 25 required from September 1 through December 31 during harvest 26 season emergencies, provided that the weight does not exceed 27 20% above the limits provided in Section 15-111. All other 28 restrictions that apply to permits issued under this Section 29 shall apply during the declared time period. With respect to 30 highways under the jurisdiction of local authorities, the 31 local authorities may, at their discretion, waive special 32 permit requirements during harvest season emergencies. This 33 permit exemption shall apply to all vehicles eligible to 34 obtain permits under this Section, including commercial HB2355 Enrolled -5- LRB9102413KSsb 1 vehicles in use during the declared time period. 2 (f) The form and content of the permit shall be 3 determined by the Department with respect to highways under 4 its jurisdiction and by local authorities with respect to 5 highways under their jurisdiction. Every permit shall be in 6 written form and carried in the vehicle or combination of 7 vehicles to which it refers and shall be open to inspection 8 by any police officer or authorized agent of any authority 9 granting the permit and no person shall violate any of the 10 terms or conditions of such special permit. Violation of the 11 terms and conditions of the permit shall not be deemed a 12 revocation of the permit; however, any vehicle and load found 13 to be off the route prescribed in the permit shall be held to 14 be operating without a permit. Any off route vehicle and 15 load shall be required to obtain a new permit or permits, as 16 necessary, to authorize the movement back onto the original 17 permit routing. No rule or regulation, nor anything herein 18 shall be construed to authorize any police officer, court, or 19 authorized agent of any authority granting the permit to 20 remove the permit from the possession of the permittee unless 21 the permittee is charged with a fraudulent permit violation 22 as provided in paragraph (i). However, upon arrest for an 23 offense of violation of permit, operating without a permit 24 when the vehicle is off route, or any size or weight offense 25 under this Chapter when the permittee plans to raise the 26 issuance of the permit as a defense, the permittee, or his 27 agent, must produce the permit at any court hearing 28 concerning the alleged offense. 29 If the permit designates and includes a routing to a 30 certified scale, the permitee, while enroute to the 31 designated scale, shall be deemed in compliance with the 32 weight provisions of the permit provided the axle or gross 33 weights do not exceed any of the permitted limits by more 34 than the following amounts: HB2355 Enrolled -6- LRB9102413KSsb 1 Single axle 2000 pounds 2 Tandem axle 3000 pounds 3 Gross 5000 pounds 4 (g) The Department is authorized to adopt, amend, and to 5 make available to interested persons a policy concerning 6 reasonable rules, limitations and conditions or provisions of 7 operation upon highways under its jurisdiction in addition to 8 those contained in this Section for the movement by special 9 permit of vehicles, combinations, or loads which cannot 10 reasonably be dismantled or disassembled, including 11 manufactured and modular home sections and portions thereof. 12 All rules, limitations and conditions or provisions adopted 13 in the policy shall have due regard for the safety of the 14 traveling public and the protection of the highway system and 15 shall have been promulgated in conformity with the provisions 16 of the Illinois Administrative Procedure Act. The 17 requirements of the policy for flagmen and escort vehicles 18 shall be the same for all moves of comparable size and 19 weight. When escort vehicles are required, they shall meet 20 the following requirements: 21 (1) All operators shall be 18 years of age or over 22 and properly licensed to operate the vehicle. 23 (2) Vehicles escorting oversized loads more than 24 12-feet wide must be equipped with a rotating or flashing 25 amber light mounted on top as specified under Section 26 12-215. 27 The Department shall establish reasonable rules and 28 regulations regarding liability insurance or self insurance 29 for vehicles with oversized loads promulgated under The 30 Illinois Administrative Procedure Act. Police vehicles may be 31 required for escort under circumstances as required by rules 32 and regulations of the Department. 33 (h) Violation of any rule, limitation or condition or 34 provision of any permit issued in accordance with the HB2355 Enrolled -7- LRB9102413KSsb 1 provisions of this Section shall not render the entire permit 2 null and void but the violator shall be deemed guilty of 3 violation of permit and guilty of exceeding any size, weight 4 or load limitations in excess of those authorized by the 5 permit. The prescribed route or routes on the permit are not 6 mere rules, limitations, conditions, or provisions of the 7 permit, but are also the sole extent of the authorization 8 granted by the permit. If a vehicle and load are found to be 9 off the route or routes prescribed by any permit authorizing 10 movement, the vehicle and load are operating without a 11 permit. Any off route movement shall be subject to the size 12 and weight maximums, under the applicable provisions of this 13 Chapter, as determined by the type or class highway upon 14 which the vehicle and load are being operated. 15 (i) Whenever any vehicle is operated or movement made 16 under a fraudulent permit the permit shall be void, and the 17 person, firm, or corporation to whom such permit was granted, 18 the driver of such vehicle in addition to the person who 19 issued such permit and any accessory, shall be guilty of 20 fraud and either one or all persons may be prosecuted for 21 such violation. Any person, firm, or corporation committing 22 such violation shall be guilty of a Class 4 felony and the 23 Department shall not issue permits to the person, firm or 24 corporation convicted of such violation for a period of one 25 year after the date of conviction. Penalties for violations 26 of this Section shall be in addition to any penalties imposed 27 for violation of other Sections of this Act. 28 (j) Whenever any vehicle is operated or movement made in 29 violation of a permit issued in accordance with this Section, 30 the person to whom such permit was granted, or the driver of 31 such vehicle, is guilty of such violation and either, but not 32 both, persons may be prosecuted for such violation as stated 33 in this subsection (j). Any person, firm or corporation 34 convicted of such violation shall be guilty of a petty HB2355 Enrolled -8- LRB9102413KSsb 1 offense and shall be fined for the first offense, not less 2 than $50 nor more than $200 and, for the second offense by 3 the same person, firm or corporation within a period of one 4 year, not less than $200 nor more than $300 and, for the 5 third offense by the same person, firm or corporation within 6 a period of one year after the date of the first offense, not 7 less than $300 nor more than $500 and the Department shall 8 not issue permits to the person, firm or corporation 9 convicted of a third offense during a period of one year 10 after the date of conviction for such third offense. 11 (k) Whenever any vehicle is operated on local roads 12 under permits for excess width or length issued by local 13 authorities, such vehicle may be moved upon a State highway 14 for a distance not to exceed one-half mile without a permit 15 for the purpose of crossing the State highway. 16 (l) Notwithstanding any other provision of this Section, 17 the Department, with respect to highways under its 18 jurisdiction, and local authorities, with respect to highways 19 under their jurisdiction, may at their discretion authorize 20 the movement of a vehicle in violation of any size or weight 21 requirement, or both, that would not ordinarily be eligible 22 for a permit, when there is a showing of extreme necessity 23 that the vehicle and load should be moved without unnecessary 24 delay. 25 For the purpose of this subsection, showing of extreme 26 necessity shall be limited to the following: shipments of 27 livestock, hazardous materials, liquid concrete being hauled 28 in a mobile cement mixer, or hot asphalt. 29 (m) Penalties for violations of this Section shall be in 30 addition to any penalties imposed for violating any other 31 Section of this Code. 32 (n) The Department with respect to highways under its 33 jurisdiction and local authorities with respect to highways 34 under their jurisdiction, in their discretion and upon HB2355 Enrolled -9- LRB9102413KSsb 1 application in writing, may issue a special permit for 2 continuous limited operation, authorizing the applicant to 3 operate a tow-truck that exceeds the weight limits provided 4 for in subsection (d) of Section 15-111, provided: 5 (1) no rear single axle of the tow-truck exceeds 6 26,000 pounds; 7 (2) no rear tandem axle of the tow-truck exceeds 8 50,000 pounds; 9 (3) neither the disabled vehicle nor the disabled 10 combination of vehicles exceed the weight restrictions 11 imposed by this Chapter 15, or the weight limits imposed 12 under a permit issued by the Department prior to hookup; 13 (4) the tow-truck prior to hookup does not exceed 14 the weight restrictions imposed by this Chapter 15; 15 (5) during the tow operation the tow-truck does not 16 violate any weight restriction sign; 17 (6) the tow-truck is equipped with flashing, 18 rotating, or oscillating amber lights, visible for at 19 least 500 feet in all directions; 20 (7) the tow-truck is specifically designed and 21 licensed as a tow-truck; 22 (8) the tow-truck has a gross vehicle weight rating 23 of sufficient capacity to safely handle the load; 24 (9) the tow-truck is equipped with air brakes; 25 (10) the tow-truck is capable of utilizing the 26 lighting and braking systems of the disabled vehicle or 27 combination of vehicles; 28 (11) the tow distance of the tow does not exceed 50 29 miles from the point of disablement to a place of repair 30 or safekeeping; 31 (12) the permit issued to the tow-truck is carried 32 in the tow-truck and exhibited on demand by a police 33 officer; and 34 (13) the movement shall be valid only on state HB2355 Enrolled -10- LRB9102413KSsb 1 routes approved by the Department. 2 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97; 3 90-655, eff. 7-30-98; 90-676, eff. 7-31-98.) 4 (625 ILCS 5/15-308.2 new) 5 Sec. 15-308.2. Fees for special permits for tow-trucks. 6 The fee for a special permit to operate a tow-truck pursuant 7 to subsection (n) of Section 15-301 is $500 quarterly and 8 $2,000 annually.