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92_HB3073
LRB9205392DHcs
1 AN ACT in relation to vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by
5 changing Sections 15-101 and 15-113 as follows:
6 (625 ILCS 5/15-101) (from Ch. 95 1/2, par. 15-101)
7 Sec. 15-101. Scope and effect of Chapter 15. (a) It is
8 unlawful for any person to drive or move on, upon or across
9 or for the owner to cause or knowingly permit to be driven or
10 moved on, upon or across any highway any vehicle or vehicles
11 of a size and weight exceeding the limitations stated in this
12 Chapter or otherwise in violation of this Chapter, and the
13 maximum size and weight of vehicles herein specified shall be
14 lawful throughout this State, and local authorities shall
15 have no power or authority to alter such limitations except
16 as express authority may be granted in this Chapter.
17 (b) The provisions of this Chapter governing size,
18 weight and load do not apply to fire apparatus or equipment
19 for snow and ice removal operations owned or operated by any
20 governmental body, or to implements of husbandry temporarily
21 operated or towed in a combination upon a highway provided
22 such combination does not consist of more than 3 vehicles or,
23 in the case of hauling fresh, perishable fruits or vegetables
24 from farm to the point of first processing, not more than 3
25 wagons being towed by an implement of husbandry, or to a
26 vehicle operated under the terms of a special permit issued
27 hereunder.
28 (c) The provisions of this Chapter limit the authority
29 of home rule units to adopt truck regulations or assess fines
30 that are not identical in substance with the provisions of
31 this Chapter, except as express authority may be granted in
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1 this Chapter. This Section is a limitation under subsection
2 (i) of Section 6 of Article VII of the Illinois Constitution
3 on the concurrent exercise by home rule units of powers and
4 functions exercised by the State.
5 (Source: P.A. 83-831.)
6 (625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
7 Sec. 15-113. Violations; Penalties.
8 (a) Whenever any vehicle is operated in violation of the
9 provisions of Section 15-111 or subsection (d) of Section
10 3-401, the owner or driver of such vehicle shall be deemed
11 guilty of such violation and either the owner or the driver
12 of such vehicle may be prosecuted for such violation. Any
13 driver or owner of a vehicle with multiple violations of the
14 provisions of Section 15-111 shall not be charged or issued
15 multiple citations for Section 15-111. A single charge under
16 the provisions of Section 15-111 does not prohibit an
17 additional charge under the provisions of subsection (d) of
18 Section 3-401. Any person charged with a violation of any of
19 these provisions who pleads not guilty shall be present in
20 court for the trial on the charge. Any person, firm or
21 corporation convicted of any violation of Section 15-111
22 including, but not limited to, a maximum axle or gross limit
23 specified on a regulatory sign posted in accordance with
24 paragraph (g) or (h) of Section 15-111, shall be fined
25 according to the following schedule:
26 Up to and including 2000 pounds
27 overweight = $50
28 from 2001 through 2500 pounds
29 overweight = the fine is $135
30 from 2501 through 3000 pounds
31 overweight = the fine is $165
32 from 3001 through 3500 pounds
33 overweight = the fine is $260
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1 from 3501 through 4000 pounds
2 overweight = the fine is $300
3 from 4001 through 4500 pounds
4 overweight = the fine is $425
5 from 4501 through 5000 pounds
6 overweight = the fine is $475
7 from 5001 or more pounds overweight = the fine shall be
8 computed by
9 assessing $750 for
10 the first 5000
11 pounds overweight
12 and $75 for each
13 additional increment
14 of 500 pounds
15 overweight or
16 fraction thereof.
17 In addition any person, firm or corporation convicted of
18 4 or more violations of Section 15-111 within any 12 month
19 period shall be fined an additional amount of $2500 for the
20 fourth and each subsequent conviction within the 12 month
21 period. Provided, however, that with regard to a firm or
22 corporation, a fourth or subsequent conviction shall mean a
23 fourth or subsequent conviction attributable to any one
24 employee-driver.
25 (b) Whenever any vehicle is operated in violation of the
26 provisions of Sections 15-102, 15-103 or 15-107, the owner or
27 driver of such vehicle shall be deemed guilty of such
28 violation and either may be prosecuted for such violation.
29 Any person, firm or corporation convicted of any violation of
30 Sections 15-102, 15-103 or 15-107 shall be fined for the
31 first or second conviction an amount equal to not less than
32 $50 nor more than $500, and for the third and subsequent
33 convictions by the same person, firm or corporation within a
34 period of one year after the date of the first offense, not
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1 less than $500 nor more than $1,000.
2 (Source: P.A. 88-476; 89-117, eff. 7-7-95; 89-245, eff.
3 1-1-96.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.