State of Illinois
92nd General Assembly
Legislation

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92_HB3638

 
                                               LRB9209390DHpk

 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 Section 15-316 as follows:

 6        (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
 7        Sec. 15-316. When the Department, local authority or road
 8    district  highway  commissioner  may  restrict  right  to use
 9    highways.
10        (a)  Local  authorities   and   road   district   highway
11    commissioners   with   respect   to   highways   under  their
12    jurisdiction may by  ordinance  or  resolution  prohibit  the
13    operation  of  vehicles  upon  any  such  highway  or  impose
14    restrictions as to the weight of vehicles to be operated upon
15    any such highway, for a total period of not to exceed 90 days
16    in any one calendar year, whenever any said highway by reason
17    of  deterioration,  rain,  snow,  or other climate conditions
18    will be seriously damaged or  destroyed  unless  the  use  of
19    vehicles  thereon  is  prohibited  or the permissible weights
20    thereof reduced.
21        (b)  The  local  authority  or  road   district   highway
22    commissioner  enacting any such ordinance or resolution shall
23    erect or cause to be erected and maintained signs designating
24    the provision of the ordinance or resolution at each  end  of
25    that  portion  of  any  highway  affected  thereby,  and  the
26    ordinance  or  resolution  shall  not be effective unless and
27    until such signs are erected and maintained.
28        (c)  Local  authorities   and   road   district   highway
29    commissioners   with   respect   to   highways   under  their
30    jurisdiction may also, by ordinance or  resolution,  prohibit
31    the  operation of trucks or other commercial vehicles, or may
 
                            -2-                LRB9209390DHpk
 1    impose limitations  as  the  weight  thereof,  on  designated
 2    highways,   which   prohibitions  and  limitations  shall  be
 3    designated by appropriate signs placed on such highways.
 4        (c-1)  The weight provisions of subsections (a), (b), and
 5    (c) take precedence over the provisions of subsections  (d-1)
 6    and (d-2).
 7        (d)  The  Department  shall  likewise  have  authority as
 8    hereinbefore granted to local authorities and  road  district
 9    highway  commissioners  to  determine  by  resolution  and to
10    impose restrictions as to the  weight  of  vehicles  operated
11    upon  any  highway under the jurisdiction of said department,
12    and such restrictions shall be effective  when  signs  giving
13    notice thereof are erected upon the highway or portion of any
14    highway affected by such resolution.
15        (d-1)  Motor  vehicles  and motor vehicles in combination
16    with gross weights not exceeding 73,280 pounds and up  to  65
17    feet  in  overall length and 102 inches in width operating on
18    highways under the control  of  a  county  or  township  road
19    district  highway commissioner may have access for a distance
20    of 5 miles from a State designated highway for the purpose of
21    loading, unloading, services, and  home  base.  No  exemption
22    shall  be  granted  authorizing  travel  on  local roads as a
23    thoroughfare between State designated highways.
24        (d-2)  Motor vehicles and motor vehicles  in  combination
25    with  gross  weights not exceeding 73,280 pounds and up to 65
26    feet in overall length and 102 inches in width  operating  on
27    highways  under the control of municipal authorities may have
28    access for 5 miles from a State designated  highway  for  the
29    purpose of loading and unloading and one mile for food, fuel,
30    repairs,  and  rest on those municipally controlled highways.
31    No exemption shall be granted authorizing travel on municipal
32    roads as a thoroughfare between State designated highways.
33        (d-5)  A motor vehicle or combination of  motor  vehicles
34    with  a gross weight not exceeding 80,000 pounds and up to 65
 
                            -3-                LRB9209390DHpk
 1    feet in overall  length  and  102  inches  in  width  hauling
 2    agricultural products may use highways under the jurisdiction
 3    of  local authorities or a road district highway commissioner
 4    to transport those agricultural products from  the  field  to
 5    grain  bins or a grain elevator or from grain bins to a grain
 6    elevator, provided the motor vehicle or combination of  motor
 7    vehicles  uses  the  most direct route available to reach its
 8    destination.
 9        (e)  When any vehicle is operated in  violation  of  this
10    Section,  the  owner or driver of the vehicle shall be deemed
11    guilty of a violation and either the owner or the  driver  of
12    the vehicle may be prosecuted for the violation.  Any person,
13    firm,  or  corporation  convicted  of  violating this Section
14    shall be fined $50 for any weight exceeding the posted  limit
15    up  to  the  axle  or gross weight limit allowed a vehicle as
16    provided for in subsections (a) or (b) of Section 15-111  and
17    $75  per  every 500 pounds or fraction thereof for any weight
18    exceeding that which is provided for in  subsections  (a)  or
19    (b) of Section 15-111.
20        (f)  A  municipality  is  authorized  to enforce a county
21    weight limit ordinance applying to county highways within its
22    corporate limits and is entitled to the proceeds of any fines
23    collected from the enforcement.
24    (Source: P.A.  89-117,  eff.  7-7-95;  89-687,  eff.  6-1-97;
25    90-211, eff. 1-1-98.)

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