|
the Secretary of State for the appropriate
registration |
required, whether such registration be a flat weight
|
registration, a single trip permit, a reciprocity permit or a
|
supplemental application to an original prorate application |
together
with payment of fees due under the supplemental |
application for prorate
decals.
|
(c) Effective October 1, 1984, no vehicle required to pay a |
Federal
Highway
Users Tax shall be registered unless proof of |
payment, in a form prescribed
and approved by the Secretary of |
State, is submitted with the appropriate
registration. |
Notwithstanding any other provision of this Code, failure
of |
the applicant to comply with this paragraph shall be deemed |
grounds for
the Secretary to refuse registration.
|
(c-1) A vehicle may not be registered by the Secretary of |
State unless that vehicle:
|
(1) was originally manufactured for operation on |
highways; |
(2) is a modification of a vehicle that was originally |
manufactured for operation on highways; or |
(3) was assembled from component parts designed for use |
in vehicles to be operated on highways.
|
(d) Second division vehicles.
|
(1) A vehicle of the second division moved or operated |
within this State
shall have had paid for it the |
appropriate registration fees and flat weight
tax, as
|
evidenced by the Illinois registration issued for that |
|
vehicle, for the gross
weight of the vehicle and load being |
operated or moved within this State.
Second division |
vehicles of foreign jurisdictions operated within this |
State
under a single trip permit, fleet reciprocity plan, |
prorate registration plan,
or apportional registration |
plan, instead of second division vehicle
registration |
under Article VIII of this Chapter, must have had paid for |
it the
appropriate
registration fees and flat weight tax in |
the base jurisdiction of that vehicle,
as evidenced by the |
maximum gross weight shown on the foreign registration
|
cards, plus any appropriate fees required under this Code.
|
(2) If a vehicle and load are operated in this State |
and the
appropriate fees and taxes have not been paid or |
the vehicle and load exceed
the registered gross weight for |
which the
required fees and taxes have been paid by 2001 |
pounds or more, the operator or
owner shall be fined as |
provided in Section 15-113 of this Code. However, an
owner |
or operator shall not be subject to arrest under this |
subsection for any
weight in excess of 80,000 pounds. |
Further, no fine shall exceed the actual
cost of what the |
appropriate registration for that vehicle and load should |
have
been as established in subsection (a) of Section 3-815 |
of
this Chapter regardless of the route
traveled. For |
purposes of this paragraph (2), "appropriate registration" |
means the full annual cost of the required registration and |
its associated fees.
|
|
(3) Any person operating a legal combination of |
vehicles displaying valid
registration shall not be |
considered in violation of the registration provision
of |
this subsection unless the total gross weight of the |
combination exceeds the
total licensed weight of the |
vehicles in the combination.
The gross weight of a vehicle |
exempt from the registration requirements of
this Chapter |
shall not be included when determining the total gross |
weight of
vehicles in combination. Any vehicle operating |
under an emergency harvest permit, as described in |
subsection (e-1) of Section 15-301 of this Code, shall not |
be in violation of this paragraph (3).
|
(4) If the defendant claims that he or she had |
previously paid the
appropriate Illinois registration fees |
and taxes for this vehicle before the
alleged violation, |
the defendant shall have the burden of proving the |
existence
of the payment by competent evidence. Proof of |
proper Illinois registration
issued by the Secretary of |
State, or the appropriate registration authority
from the |
foreign state, shall be the only competent evidence of |
payment.
|
(Source: P.A. 97-201, eff. 1-1-12.)
|
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
|
Sec. 15-301. Permits for excess size and weight.
|
(a) The Department with respect to highways under its |
|
jurisdiction
and local authorities with respect to highways |
under their jurisdiction
may, in their discretion, upon |
application and good cause being shown
therefor, issue a |
special permit authorizing the applicant to operate or
move a |
vehicle or combination of vehicles of a size or weight of |
vehicle or
load exceeding the maximum specified in this Act or |
otherwise not in
conformity with this Act upon any highway |
under the jurisdiction of the
party granting such permit and |
for the maintenance of which the party is
responsible. |
Applications and permits other than those in written or
printed |
form may only be accepted from and issued to the company or
|
individual making the movement. Except for an application to |
move directly
across a highway, it shall be the duty of the |
applicant to establish in the
application that the load to be |
moved by such vehicle or combination cannot reasonably be
|
dismantled or
disassembled, the reasonableness of which shall |
be determined by the Secretary of the Department. For the |
purpose of
over length movements,
more than one object may be |
carried side by side as long as the height, width,
and weight |
laws are not exceeded and the cause for the over length is not |
due
to multiple objects. For the purpose of over height |
movements, more than one
object may be carried as long as the |
cause for the over height is not due to
multiple objects and |
the length, width, and weight laws are not exceeded. For
the |
purpose of an over width movement, more than one object may be |
carried as
long as the cause for the over width is not due to |
|
multiple objects and length,
height, and weight laws are not |
exceeded. Except for transporting fluid milk products, no State |
or local agency shall
authorize the issuance of excess size or |
weight permits for vehicles and loads
that are divisible and |
that can be carried, when divided, within the existing
size or |
weight maximums specified in this Chapter. Any excess size or |
weight
permit issued in violation of the provisions of this |
Section shall be void at
issue and any movement made thereunder |
shall not be authorized under the terms
of the void permit. In |
any prosecution for a violation of this Chapter when
the |
authorization of an excess size or weight permit is at issue, |
it is the
burden of the defendant to establish that the permit |
was valid because the load
to be moved could not reasonably be |
dismantled or disassembled, or was
otherwise nondivisible.
|
(b) The application for any such permit shall: (1) state |
whether
such permit is requested for a single trip or for |
limited continuous
operation; (2) state if the applicant is an |
authorized carrier under the
Illinois Motor Carrier of Property |
Law, if so, his certificate,
registration or permit number |
issued by the Illinois Commerce
Commission; (3) specifically |
describe and identify the vehicle or
vehicles and load to be |
operated or moved except that for vehicles or
vehicle |
combinations registered by the Department as provided in |
Section
15-319 of this Chapter, only the Illinois Department of |
Transportation's
(IDT) registration number or classification |
need be given; (4) state the
routing requested including the |
|
points of origin and destination, and may
identify and include |
a request for routing to the nearest certified scale
in |
accordance with the Department's rules and regulations, |
provided the
applicant has approval to travel on local roads; |
and (5) state if the
vehicles or loads are being transported |
for hire. No permits for the
movement of a vehicle or load for |
hire shall be issued to any applicant who
is required under the |
Illinois Motor Carrier of Property Law to have a
certificate, |
registration or permit and does not have such certificate,
|
registration or permit.
|
(c) The Department or local authority when not inconsistent |
with
traffic safety is authorized to issue or withhold such |
permit at its
discretion; or, if such permit is issued at its |
discretion to prescribe
the route or routes to be traveled, to |
limit the number of trips, to
establish seasonal or other time |
limitations within which the vehicles
described may be operated |
on the highways indicated, or otherwise to
limit or prescribe |
conditions of operations of such vehicle or vehicles,
when |
necessary to assure against undue damage to the road |
foundations,
surfaces or structures, and may require such |
undertaking or other
security as may be deemed necessary to |
compensate for any injury to any
roadway or road structure. The |
Department shall maintain a daily record of
each permit issued |
along with the fee and the stipulated dimensions,
weights, |
conditions and restrictions authorized and this record shall be
|
presumed correct in any case of questions or dispute. The |
|
Department shall
install an automatic device for recording |
applications received and permits
issued by telephone. In |
making application by telephone, the Department and
applicant |
waive all objections to the recording of the conversation.
|
(d) The Department shall, upon application in writing from |
any local
authority, issue an annual permit authorizing the |
local authority to
move oversize highway construction, |
transportation, utility and maintenance
equipment over roads |
under the jurisdiction of the Department. The permit
shall be |
applicable only to equipment and vehicles owned by or |
registered
in the name of the local authority, and no fee shall |
be charged for the
issuance of such permits.
|
(e) As an exception to paragraph (a) of this Section, the |
Department
and local authorities, with respect to highways |
under their respective
jurisdictions, in their discretion and |
upon application in writing may
issue a special permit for |
limited continuous operation, authorizing the
applicant to |
move loads of agricultural commodities on a 2 axle single
|
vehicle registered by the Secretary of State with axle loads |
not to exceed
35%, on a 3 or 4 axle
vehicle registered by the |
Secretary of State with axle loads
not to exceed 20%, and on a |
5 axle vehicle registered by the
Secretary of State not to |
exceed 10% above those provided in Section 15-111. The total |
gross weight of the vehicle, however,
may not exceed the |
maximum gross weight of the registration class of the vehicle |
allowed under Section 3-815 or 3-818 of this Code. |
|
As used in this Section, "agricultural commodities"
means: |
(1) cultivated plants or agricultural produce grown
|
including, but is not limited to, corn, soybeans, wheat, |
oats, grain sorghum, canola, and rice; |
(2) livestock, including but not limited to hogs, |
equine, sheep, and poultry; |
(3) ensilage; and |
(4) fruits and vegetables.
|
Permits may be issued for a
period not to exceed 40 days |
and moves may be made of a distance not to
exceed 50 miles from |
a field, an on-farm grain storage facility, a warehouse as |
defined in the Illinois Grain Code, or a livestock management |
facility as defined in the Livestock Management Facilities Act |
over any
highway except the National System of Interstate and |
Defense Highways. The operator of the vehicle,
however, must |
abide by posted bridge and posted highway weight limits. All |
implements of husbandry operating under this Section between |
sunset and sunrise shall be equipped as prescribed in Section |
12-205.1.
|
(e-1) Upon a declaration by the Governor that an emergency |
harvest situation
exists, a special permit issued by the |
Department under this Section shall not
be required from |
September 1 through December 31 during harvest season
|
emergencies for a vehicle that exceeds the maximum axle weight |
and gross weight limits under Section 15-111 of this Code or |
exceeds the vehicle's registered gross weight, provided that |
|
the vehicle's axle weight and gross weight do not exceed 10% |
above the maximum limits under Section 15-111 of this Code and |
does not exceed the vehicle's registered gross weight by 10%. |
All other restrictions that apply to permits issued under this |
Section shall apply during the declared time period and no fee |
shall be charged for the issuance of those permits. Permits |
issued by the Department under this subsection (e-1) are only |
valid on federal and State highways under the jurisdiction of |
the Department, except interstate highways. the weight does not |
exceed 20% above the limits
provided in Section 15-111. All |
other restrictions that apply to permits
issued under this |
Section shall apply during the declared time period. With
|
respect to highways under the jurisdiction of local |
authorities, the local
authorities may, at their discretion, |
waive special permit requirements during
harvest season |
emergencies, and set a divisible load weight limit not to |
exceed 10% above a vehicle's registered gross weight, provided |
that the vehicle's axle weight and gross weight do not exceed |
10% above the maximum limits specified in Section 15-111. |
Permits issued under this subsection (e-1) This permit |
exemption shall apply to all registered vehicles
eligible to |
obtain permits under this Section, including commercial |
vehicles used in private or for-hire movement of divisible load |
agricultural commodities in
use during the declared time |
period.
|
(f) The form and content of the permit shall be determined |
|
by the
Department with respect to highways under its |
jurisdiction and by local
authorities with respect to highways |
under their jurisdiction. Every permit
shall be in written form |
and carried in the vehicle or combination of
vehicles to which |
it refers and shall be open to inspection by any
police officer |
or authorized agent of any authority granting the permit
and no |
person shall violate any of the terms or conditions of such
|
special permit. Violation of the terms and conditions of the |
permit
shall not be deemed a revocation of the permit; however, |
any vehicle and load
found to be off the route prescribed in |
the permit shall be held to be
operating without a permit. Any |
off route vehicle and load shall be required
to obtain a new |
permit or permits, as necessary, to authorize the movement back
|
onto the original permit routing. No rule or regulation, nor |
anything herein
shall be construed to authorize any police |
officer, court, or authorized agent
of any authority granting |
the permit to remove the permit from the possession
of the |
permittee unless the permittee is charged with a fraudulent |
permit
violation as provided in paragraph (i). However, upon |
arrest for an offense of
violation of permit, operating without |
a permit when the vehicle is off route,
or any size or weight |
offense under this Chapter when the permittee plans to
raise |
the issuance of the permit as a defense, the permittee, or his |
agent,
must produce the permit at any court hearing concerning |
the alleged offense.
|
If the permit designates and includes a routing to a |
|
certified scale, the permittee, while enroute to the designated |
scale, shall be deemed in compliance
with the weight provisions |
of the permit provided the axle or gross weights
do not exceed |
any of the permitted limits by more than the following amounts:
|
Single axle 2000 pounds
|
Tandem axle 3000 pounds
|
Gross 5000 pounds
|
(g) The Department is authorized to adopt, amend, and to |
make
available to interested persons a policy concerning |
reasonable rules,
limitations and conditions or provisions of |
operation upon highways
under its jurisdiction in addition to |
those contained in this Section
for the movement by special |
permit of vehicles, combinations, or loads
which cannot |
reasonably be dismantled or disassembled, including
|
manufactured and modular home sections and portions thereof. |
All rules,
limitations and conditions or provisions adopted in |
the policy shall
have due regard for the safety of the |
traveling public and the protection
of the highway system and |
shall have been promulgated in conformity with
the provisions |
of the Illinois Administrative Procedure Act. The
requirements |
of the policy for flagmen and escort vehicles shall be the
same |
for all moves of comparable size and weight. When escort |
vehicles are
required, they shall meet the following |
requirements:
|
(1) All operators shall be 18 years of age or over and |
properly
licensed to operate the vehicle.
|
|
(2) Vehicles escorting oversized loads more than |
12-feet wide must
be equipped with a rotating or flashing |
amber light mounted on top as specified
under Section |
12-215.
|
The Department shall establish reasonable rules and |
regulations
regarding liability insurance or self insurance |
for vehicles with
oversized loads promulgated under the |
Illinois Administrative Procedure
Act. Police vehicles may be |
required for escort under circumstances as
required by rules |
and regulations of the Department.
|
(h) Violation of any rule, limitation or condition or |
provision of
any permit issued in accordance with the |
provisions of this Section
shall not render the entire permit |
null and void but the violator shall
be deemed guilty of |
violation of permit and guilty of exceeding any size,
weight or |
load limitations in excess of those authorized by the permit.
|
The prescribed route or routes on the permit are not mere |
rules, limitations,
conditions, or provisions of the permit, |
but are also the sole extent of the
authorization granted by |
the permit. If a vehicle and load are found to be
off the route |
or routes prescribed by any permit authorizing movement,
the |
vehicle and load are operating without a permit. Any off route |
movement
shall be subject to the size and weight maximums, |
under the applicable
provisions of this Chapter, as determined |
by the type or class highway upon
which the vehicle and load |
are being operated.
|
|
(i) Whenever any vehicle is operated or movement made under |
a
fraudulent permit the permit shall be void, and the person, |
firm, or
corporation to whom such permit was granted, the |
driver of such vehicle
in addition to the person who issued |
such permit and any accessory,
shall be guilty of fraud and |
either one or all persons may be prosecuted
for such violation. |
Any person, firm, or corporation committing such
violation |
shall be guilty of a Class 4 felony and the Department shall
|
not issue permits to the person, firm or corporation convicted |
of such
violation for a period of one year after the date of |
conviction.
Penalties for violations of this Section shall be |
in addition to any
penalties imposed for violation of other |
Sections of this Act.
|
(j) Whenever any vehicle is operated or movement made in |
violation
of a permit issued in accordance with this Section, |
the person to whom
such permit was granted, or the driver of |
such vehicle, is guilty of
such violation and either, but not |
both, persons may be prosecuted for
such violation as stated in |
this subsection (j). Any person, firm or
corporation convicted |
of such violation shall be guilty of a petty
offense and shall |
be fined for the first offense, not less than $50 nor
more than |
$200 and, for the second offense by the same person, firm or
|
corporation within a period of one year, not less than $200 nor |
more
than $300 and, for the third offense by the same person, |
firm or
corporation within a period of one year after the date |
of the first
offense, not less than $300 nor more than $500 and |
|
the Department shall
not issue permits to the person, firm or |
corporation convicted of a
third offense during a period of one |
year after the date of conviction
for such third offense.
|
(k) Whenever any vehicle is operated on local roads under |
permits
for excess width or length issued by local authorities, |
such vehicle may
be moved upon a State highway for a distance |
not to exceed one-half mile
without a permit for the purpose of |
crossing the State highway.
|
(l) Notwithstanding any other provision of this Section, |
the Department,
with respect to highways under its |
jurisdiction, and local authorities, with
respect to highways |
under their jurisdiction, may at their discretion authorize
the |
movement of a vehicle in violation of any size or weight |
requirement, or
both, that would not ordinarily be eligible for |
a permit, when there is a
showing of extreme necessity that the |
vehicle and load should be moved without
unnecessary delay.
|
For the purpose of this subsection, showing of extreme |
necessity shall be
limited to the following: shipments of |
livestock, hazardous materials, liquid
concrete being hauled |
in a mobile cement mixer, or hot asphalt.
|
(m) Penalties for violations of this Section shall be in |
addition to any
penalties imposed for violating any other |
Section of this Code.
|
(n) The Department with respect to highways under its |
jurisdiction and
local
authorities with respect to highways |
under their jurisdiction, in their
discretion and upon
|
|
application in writing, may issue a special permit for |
continuous limited
operation,
authorizing the applicant to |
operate a tow-truck that exceeds the weight limits
provided
for |
in subsection (a) of Section 15-111, provided:
|
(1) no rear single axle of the tow-truck exceeds 26,000 |
pounds;
|
(2) no rear tandem axle of the tow-truck exceeds 50,000 |
pounds;
|
(2.1) no triple rear axle on a manufactured recovery |
unit exceeds 60,000
pounds; |
(3) neither the disabled vehicle nor the disabled |
combination of vehicles
exceed the
weight restrictions |
imposed by this Chapter 15, or the weight limits imposed
|
under a
permit issued by the Department prior to hookup;
|
(4) the tow-truck prior to hookup does not exceed the |
weight restrictions
imposed
by this Chapter 15;
|
(5) during the tow operation the tow-truck does not |
violate any weight
restriction
sign;
|
(6) the tow-truck is equipped with flashing, rotating, |
or oscillating
amber
lights,
visible for at least 500 feet |
in all directions;
|
(7) the tow-truck is specifically designed and |
licensed as a tow-truck;
|
(8) the tow-truck has a gross vehicle weight rating of |
sufficient
capacity to safely
handle the load;
|
(9) the tow-truck is equipped with air brakes;
|
|
(10) the tow-truck is capable of utilizing the lighting |
and braking
systems of the
disabled vehicle or combination |
of vehicles;
|
(11) the tow commences at the initial point of wreck or |
disablement and terminates at a point where the repairs are |
actually to occur;
|
(12) the permit issued to the tow-truck is carried in |
the tow-truck
and
exhibited on demand by a police officer; |
and
|
(13) the movement shall be valid only on state routes |
approved by the
Department.
|
(o) (Blank).
|
(p) In determining whether a load may be reasonably |
dismantled or disassembled for the purpose of paragraph (a), |
the Department shall consider whether there is a significant |
negative impact on the condition of the pavement and structures |
along the proposed route, whether the load or vehicle as |
proposed causes a safety hazard to the traveling public, |
whether dismantling or disassembling the load promotes or |
stifles economic development and whether the proposed route |
travels less than 5 miles. A load is not required to be |
dismantled or disassembled for the purposes of paragraph (a) if |
the Secretary of the Department determines there will be no |
significant negative impact to pavement or structures along the |
proposed route, the proposed load or vehicle causes no safety |
hazard to the traveling public, dismantling or disassembling |
|
the load does not promote economic development and the proposed |
route travels less than 5 miles.
The Department may promulgate |
rules for the purpose of establishing the divisibility of a |
load pursuant to paragraph (a). Any load determined by the |
Secretary to be nondivisible shall otherwise comply with the |
existing size or weight maximums specified in this Chapter. |
(Source: P.A. 99-717, eff. 8-5-16.)
|
Section 99. Effective date. This Act takes effect upon |
becoming law. |