State of Illinois
92^nd General Assembly
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92_SB1763eng

 
SB1763 Engrossed                               LRB9215402DHmg

 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 15-109.1 as follows:

 6        (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
 7        Sec. 15-109.1.  Covers or tarpaulins required for certain
 8    loads.
 9        (a)  No person shall operate or cause to be operated,  on
10    a  highway,  any  second  division  vehicle loaded with dirt,
11    aggregate, garbage, refuse, or other similar  material,  when
12    any  portion  of  the  load  is  falling,  sifting,  blowing,
13    dropping or in any way escaping from the vehicle.
14        (b)  No  person shall operate or cause to be operated, on
15    a highway, any second division vehicle having a gross vehicle
16    weight rating of 8,000  pounds  or  more  loaded  with  dirt,
17    aggregate,  garbage,  refuse, or other similar material in or
18    on any part of the vehicle other  than  in  the  cargo  area.
19    While the vehicle is transporting such a load, the cargo area
20    must  be enclosed or secured at all times with a tarpaulin or
21    other  cover  sufficient  to  prevent  any  portion  of   the
22    materials  from  falling,  blowing,  dropping,  or  otherwise
23    escaping  from  the  vehicle.    In addition, no person shall
24    operate on any highway, such vehicle unless the  tailgate  on
25    the  vehicle  is  in  good repair and operating condition and
26    closes securely so as to prevent any load, residue, or  other
27    material from escaping.
28        (c)  This  Section  shall  not  apply to the operation of
29    highway maintenance vehicles engaged in removing snow and ice
30    from the roadway, nor to implements  of  husbandry  or  other
31    farm  vehicles while transporting agricultural products to or
 
SB1763 Engrossed            -2-                LRB9215402DHmg
 1    from the original place  of production.
 2        (d)  For the purpose of this  Section  "aggregate"  shall
 3    include  all ores, minerals, sand, gravel, shale, coal, clay,
 4    limestone or any other ore or mineral which may be mined.
 5        (e)  Notwithstanding any other penalty, whenever a police
 6    officer determines that the  operator  of  a  vehicle  is  in
 7    violation  of this Section, as evidenced by the issuance of a
 8    citation for a violation of Section 15-109.1 of this Code, or
 9    where a police officer determines that a dangerous  condition
10    exists  whereby any portion of the load may fall, sift, blow,
11    drop, or in any way escape or  fall  from  the  vehicle,  the
12    police officer shall require the operator to stop the vehicle
13    in  a  suitable  place and keep such vehicle stationary until
14    the load has either been reduced, secured, or covered with  a
15    cover  or tarpaulin of sufficient size to prevent any further
16    violation of this Section.
17        (f)  Any violation of  the  provisions  of  this  Section
18    shall  be  a petty offense punishable by a fine not to exceed
19    $250.
20    (Source: P.A. 91-858, eff. 1-1-01.)

21        Section 99.  Effective date.  This Act takes effect  upon
22    becoming law.

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