[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] |
91_HB2355ham001
LRB9102413KSksam
1 AMENDMENT TO HOUSE BILL 2355
2 AMENDMENT NO. . Amend House Bill 2355 by replacing
3 the title with the following:
4 "AN ACT to amend the Illinois Vehicle Code by changing
5 Section 15-301 and adding Section 15-308.2."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Illinois Vehicle Code is amended by
9 changing Section 15-301 and adding Section 15-308.2 as
10 follows:
11 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301) `tf
12 Sec. 15-301. Permits for excess size and weight.
13 (a) The Department with respect to highways under its
14 jurisdiction and local authorities with respect to highways
15 under their jurisdiction may, in their discretion, upon
16 application and good cause being shown therefor, issue a
17 special permit authorizing the applicant to operate or move a
18 vehicle or combination of vehicles of a size or weight of
19 vehicle or load exceeding the maximum specified in this Act
20 or otherwise not in conformity with this Act upon any highway
21 under the jurisdiction of the party granting such permit and
-2- LRB9102413KSksam
1 for the maintenance of which the party is responsible.
2 Applications and permits other than those in written or
3 printed form may only be accepted from and issued to the
4 company or individual making the movement. Except for an
5 application to move directly across a highway, it shall be
6 the duty of the applicant to establish in the application
7 that the load to be moved by such vehicle or combination is
8 composed of a single nondivisible object that cannot
9 reasonably be dismantled or disassembled. For the purpose of
10 over length movements, more than one object may be carried
11 side by side as long as the height, width, and weight laws
12 are not exceeded and the cause for the over length is not due
13 to multiple objects. For the purpose of over height
14 movements, more than one object may be carried as long as the
15 cause for the over height is not due to multiple objects and
16 the length, width, and weight laws are not exceeded. For the
17 purpose of an over width movement, more than one object may
18 be carried as long as the cause for the over width is not due
19 to multiple objects and length, height, and weight laws are
20 not exceeded. No state or local agency shall authorize the
21 issuance of excess size or weight permits for vehicles and
22 loads that are divisible and that can be carried, when
23 divided, within the existing size or weight maximums
24 specified in this Chapter. Any excess size or weight permit
25 issued in violation of the provisions of this Section shall
26 be void at issue and any movement made thereunder shall not
27 be authorized under the terms of the void permit. In any
28 prosecution for a violation of this Chapter when the
29 authorization of an excess size or weight permit is at issue,
30 it is the burden of the defendant to establish that the
31 permit was valid because the load to be moved could not
32 reasonably be dismantled or disassembled, or was otherwise
33 nondivisible.
34 (b) The application for any such permit shall: (1) state
-3- LRB9102413KSksam
1 whether such permit is requested for a single trip or for
2 limited continuous operation; (2) state if the applicant is
3 an authorized carrier under the Illinois Motor Carrier of
4 Property Law, if so, his certificate, registration or permit
5 number issued by the Illinois Commerce Commission; (3)
6 specifically describe and identify the vehicle or vehicles
7 and load to be operated or moved except that for vehicles or
8 vehicle combinations registered by the Department as provided
9 in Section 15-319 of this Chapter, only the Illinois
10 Department of Transportation's (IDT) registration number or
11 classification need be given; (4) state the routing requested
12 including the points of origin and destination, and may
13 identify and include a request for routing to the nearest
14 certified scale in accordance with the Department's rules and
15 regulations, provided the applicant has approval to travel on
16 local roads; and (5) state if the vehicles or loads are being
17 transported for hire. No permits for the movement of a
18 vehicle or load for hire shall be issued to any applicant who
19 is required under the Illinois Motor Carrier of Property Law
20 to have a certificate, registration or permit and does not
21 have such certificate, registration or permit.
22 (c) The Department or local authority when not
23 inconsistent with traffic safety is authorized to issue or
24 withhold such permit at its discretion; or, if such permit is
25 issued at its discretion to prescribe the route or routes to
26 be traveled, to limit the number of trips, to establish
27 seasonal or other time limitations within which the vehicles
28 described may be operated on the highways indicated, or
29 otherwise to limit or prescribe conditions of operations of
30 such vehicle or vehicles, when necessary to assure against
31 undue damage to the road foundations, surfaces or structures,
32 and may require such undertaking or other security as may be
33 deemed necessary to compensate for any injury to any roadway
34 or road structure. The Department shall maintain a daily
-4- LRB9102413KSksam
1 record of each permit issued along with the fee and the
2 stipulated dimensions, weights, conditions and restrictions
3 authorized and this record shall be presumed correct in any
4 case of questions or dispute. The Department shall install an
5 automatic device for recording applications received and
6 permits issued by telephone. In making application by
7 telephone, the Department and applicant waive all objections
8 to the recording of the conversation.
9 (d) The Department shall, upon application in writing
10 from any local authority, issue an annual permit authorizing
11 the local authority to move oversize highway construction,
12 transportation, utility and maintenance equipment over roads
13 under the jurisdiction of the Department. The permit shall be
14 applicable only to equipment and vehicles owned by or
15 registered in the name of the local authority, and no fee
16 shall be charged for the issuance of such permits.
17 (e) As an exception to paragraph (a) of this Section,
18 the Department and local authorities, with respect to
19 highways under their respective jurisdictions, in their
20 discretion and upon application in writing may issue a
21 special permit for limited continuous operation, authorizing
22 the applicant to move loads of sweet corn, soybeans, corn,
23 wheat, milo, other small grains and ensilage during the
24 harvest season only on a 2 axle single vehicle registered by
25 the Secretary of State with axle loads not to exceed 35%
26 above those provided in Section 15-111. Permits may be issued
27 for a period not to exceed 40 days and moves may be made of a
28 distance not to exceed 25 miles from a field to a specified
29 processing plant over any highway except the National System
30 of Interstate and Defense Highways. All such vehicles shall
31 be operated in the daytime except when weather or crop
32 conditions require emergency operation at night, but with
33 respect to such night operation, every such vehicle with load
34 shall be equipped with flashing amber lights as specified
-5- LRB9102413KSksam
1 under Section 12-215. Upon a declaration by the Governor that
2 an emergency harvest situation exists, a special permit
3 issued by the Department under this Section shall not be
4 required from September 1 through December 31 during harvest
5 season emergencies, provided that the weight does not exceed
6 20% above the limits provided in Section 15-111. All other
7 restrictions that apply to permits issued under this Section
8 shall apply during the declared time period. With respect to
9 highways under the jurisdiction of local authorities, the
10 local authorities may, at their discretion, waive special
11 permit requirements during harvest season emergencies. This
12 permit exemption shall apply to all vehicles eligible to
13 obtain permits under this Section, including commercial
14 vehicles in use during the declared time period.
15 (f) The form and content of the permit shall be
16 determined by the Department with respect to highways under
17 its jurisdiction and by local authorities with respect to
18 highways under their jurisdiction. Every permit shall be in
19 written form and carried in the vehicle or combination of
20 vehicles to which it refers and shall be open to inspection
21 by any police officer or authorized agent of any authority
22 granting the permit and no person shall violate any of the
23 terms or conditions of such special permit. Violation of the
24 terms and conditions of the permit shall not be deemed a
25 revocation of the permit; however, any vehicle and load found
26 to be off the route prescribed in the permit shall be held to
27 be operating without a permit. Any off route vehicle and
28 load shall be required to obtain a new permit or permits, as
29 necessary, to authorize the movement back onto the original
30 permit routing. No rule or regulation, nor anything herein
31 shall be construed to authorize any police officer, court, or
32 authorized agent of any authority granting the permit to
33 remove the permit from the possession of the permittee unless
34 the permittee is charged with a fraudulent permit violation
-6- LRB9102413KSksam
1 as provided in paragraph (i). However, upon arrest for an
2 offense of violation of permit, operating without a permit
3 when the vehicle is off route, or any size or weight offense
4 under this Chapter when the permittee plans to raise the
5 issuance of the permit as a defense, the permittee, or his
6 agent, must produce the permit at any court hearing
7 concerning the alleged offense.
8 If the permit designates and includes a routing to a
9 certified scale, the permitee, while enroute to the
10 designated scale, shall be deemed in compliance with the
11 weight provisions of the permit provided the axle or gross
12 weights do not exceed any of the permitted limits by more
13 than the following amounts:
14 Single axle 2000 pounds
15 Tandem axle 3000 pounds
16 Gross 5000 pounds
17 (g) The Department is authorized to adopt, amend, and to
18 make available to interested persons a policy concerning
19 reasonable rules, limitations and conditions or provisions of
20 operation upon highways under its jurisdiction in addition to
21 those contained in this Section for the movement by special
22 permit of vehicles, combinations, or loads which cannot
23 reasonably be dismantled or disassembled, including
24 manufactured and modular home sections and portions thereof.
25 All rules, limitations and conditions or provisions adopted
26 in the policy shall have due regard for the safety of the
27 traveling public and the protection of the highway system and
28 shall have been promulgated in conformity with the provisions
29 of the Illinois Administrative Procedure Act. The
30 requirements of the policy for flagmen and escort vehicles
31 shall be the same for all moves of comparable size and
32 weight. When escort vehicles are required, they shall meet
33 the following requirements:
34 (1) All operators shall be 18 years of age or over
-7- LRB9102413KSksam
1 and properly licensed to operate the vehicle.
2 (2) Vehicles escorting oversized loads more than
3 12-feet wide must be equipped with a rotating or flashing
4 amber light mounted on top as specified under Section
5 12-215.
6 The Department shall establish reasonable rules and
7 regulations regarding liability insurance or self insurance
8 for vehicles with oversized loads promulgated under The
9 Illinois Administrative Procedure Act. Police vehicles may be
10 required for escort under circumstances as required by rules
11 and regulations of the Department.
12 (h) Violation of any rule, limitation or condition or
13 provision of any permit issued in accordance with the
14 provisions of this Section shall not render the entire permit
15 null and void but the violator shall be deemed guilty of
16 violation of permit and guilty of exceeding any size, weight
17 or load limitations in excess of those authorized by the
18 permit. The prescribed route or routes on the permit are not
19 mere rules, limitations, conditions, or provisions of the
20 permit, but are also the sole extent of the authorization
21 granted by the permit. If a vehicle and load are found to be
22 off the route or routes prescribed by any permit authorizing
23 movement, the vehicle and load are operating without a
24 permit. Any off route movement shall be subject to the size
25 and weight maximums, under the applicable provisions of this
26 Chapter, as determined by the type or class highway upon
27 which the vehicle and load are being operated.
28 (i) Whenever any vehicle is operated or movement made
29 under a fraudulent permit the permit shall be void, and the
30 person, firm, or corporation to whom such permit was granted,
31 the driver of such vehicle in addition to the person who
32 issued such permit and any accessory, shall be guilty of
33 fraud and either one or all persons may be prosecuted for
34 such violation. Any person, firm, or corporation committing
-8- LRB9102413KSksam
1 such violation shall be guilty of a Class 4 felony and the
2 Department shall not issue permits to the person, firm or
3 corporation convicted of such violation for a period of one
4 year after the date of conviction. Penalties for violations
5 of this Section shall be in addition to any penalties imposed
6 for violation of other Sections of this Act.
7 (j) Whenever any vehicle is operated or movement made in
8 violation of a permit issued in accordance with this Section,
9 the person to whom such permit was granted, or the driver of
10 such vehicle, is guilty of such violation and either, but not
11 both, persons may be prosecuted for such violation as stated
12 in this subsection (j). Any person, firm or corporation
13 convicted of such violation shall be guilty of a petty
14 offense and shall be fined for the first offense, not less
15 than $50 nor more than $200 and, for the second offense by
16 the same person, firm or corporation within a period of one
17 year, not less than $200 nor more than $300 and, for the
18 third offense by the same person, firm or corporation within
19 a period of one year after the date of the first offense, not
20 less than $300 nor more than $500 and the Department shall
21 not issue permits to the person, firm or corporation
22 convicted of a third offense during a period of one year
23 after the date of conviction for such third offense.
24 (k) Whenever any vehicle is operated on local roads
25 under permits for excess width or length issued by local
26 authorities, such vehicle may be moved upon a State highway
27 for a distance not to exceed one-half mile without a permit
28 for the purpose of crossing the State highway.
29 (l) Notwithstanding any other provision of this Section,
30 the Department, with respect to highways under its
31 jurisdiction, and local authorities, with respect to highways
32 under their jurisdiction, may at their discretion authorize
33 the movement of a vehicle in violation of any size or weight
34 requirement, or both, that would not ordinarily be eligible
-9- LRB9102413KSksam
1 for a permit, when there is a showing of extreme necessity
2 that the vehicle and load should be moved without unnecessary
3 delay.
4 For the purpose of this subsection, showing of extreme
5 necessity shall be limited to the following: shipments of
6 livestock, hazardous materials, liquid concrete being hauled
7 in a mobile cement mixer, or hot asphalt.
8 (m) Penalties for violations of this Section shall be in
9 addition to any penalties imposed for violating any other
10 Section of this Code.
11 (n) The Department with respect to highways under its
12 jurisdiction and local authorities with respect to highways
13 under their jurisdiction, in their discretion and upon
14 application in writing, may issue a special permit for
15 continuous limited operation, authorizing the applicant to
16 operate a tow-truck that exceeds the weight limits provided
17 for in subsection (d) of Section 15-111, provided:
18 (1) no rear single axle of the tow-truck exceeds
19 26,000 pounds;
20 (2) no rear tandem axle of the tow-truck exceeds
21 50,000 pounds;
22 (3) neither the disabled vehicle nor the disabled
23 combination of vehicles exceed the weight restrictions
24 imposed by this Chapter 15, or the weight limits imposed
25 under a permit issued by the Department prior to hookup;
26 (4) the tow-truck prior to hookup does not exceed
27 the weight restrictions imposed by this Chapter 15;
28 (5) during the tow operation the tow-truck does not
29 violate any weight restriction sign;
30 (6) the tow-truck is equipped with flashing,
31 rotating, or oscillating amber lights, visible for at
32 least 500 feet in all directions;
33 (7) the tow-truck is specifically designed and
34 licensed as a tow-truck;
-10- LRB9102413KSksam
1 (8) the tow-truck has a gross vehicle weight rating
2 of sufficient capacity to safely handle the load;
3 (9) the tow-truck is equipped with air brakes;
4 (10) the tow-truck is capable of utilizing the
5 lighting and braking systems of the disabled vehicle or
6 combination of vehicles;
7 (11) the tow distance of the tow does not exceed 50
8 miles from the point of disablement to a place of repair
9 or safekeeping; and
10 (12) the permit issued to the tow-truck is carried
11 in the tow-truck and exhibited on demand by a police
12 officer.
13 (Source: P.A. 90-89, eff. 1-1-98; 90-228, eff. 7-25-97;
14 90-655, eff. 7-30-98; 90-676, eff. 7-31-98.)
15 (625 ILCS 5/15-308.2 new)
16 Sec.15-308.2. Fees for special permits for tow-trucks.
17 The fee for a special permit to operate a tow-truck pursuant
18 to subsection (n) of Section 15-301 is $500 quarterly and
19 $2,000 annually.".