Public Act 90-0211 of the 90th General Assembly
Public Act 90-0211
HB1218 Enrolled LRB9004545NTsb
AN ACT to amend the Illinois Vehicle Code by changing
Section 15-316.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 15-316 as follows:
(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
(Text of Section before amendment by P.A. 89-687)
Sec. 15-316. When the Department, local authority or road
district highway commissioner may restrict right to use
highways.
(a) Local authorities and road district highway
commissioners with respect to highways under their
jurisdiction may by ordinance or resolution prohibit the
operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon
any such highway, for a total period of not to exceed 90 days
in any one calendar year, whenever any said highway by reason
of deterioration, rain, snow, or other climate conditions
will be seriously damaged or destroyed unless the use of
vehicles thereon is prohibited or the permissible weights
thereof reduced.
(b) The local authority or road district highway
commissioner enacting any such ordinance or resolution shall
erect or cause to be erected and maintained signs designating
the provision of the ordinance or resolution at each end of
that portion of any highway affected thereby, and the
ordinance or resolution shall not be effective unless and
until such signs are erected and maintained.
(c) Local authorities and road district highway
commissioners with respect to highways under their
jurisdiction may also, by ordinance or resolution, prohibit
the operation of trucks or other commercial vehicles, or may
impose limitations as the weight thereof, on designated
highways, which prohibitions and limitations shall be
designated by appropriate signs placed on such highways.
(c-1) The weight provisions of subsections (a) and (b)
take precedence over the provisions of subsections (d-1) and
(d-2).
(d) The Department shall likewise have authority as
hereinbefore granted to local authorities and road district
highway commissioners to determine by resolution and to
impose restrictions as to the weight of vehicles operated
upon any highway under the jurisdiction of said department,
and such restrictions shall be effective when signs giving
notice thereof are erected upon the highway or portion of any
highway affected by such resolution.
(d-1) Motor vehicles and motor vehicles in combination
with gross weights not exceeding 73,280 pounds and up to 65
feet in overall length and 102 inches in width operating on
highways under the control of a county or township road
district highway commissioner may have access for a distance
of 5 miles from a State designated highway for the purpose of
loading, unloading, services, and home base. No exemption
shall be granted authorizing travel on local roads as a
thoroughfare between State designated highways.
(d-2) Motor vehicles and motor vehicles in combination
with gross weights not exceeding 73,280 pounds and up to 65
feet in overall length and 102 inches in width operating on
highways under the control of municipal authorities may have
access for 5 miles from a State designated highway for the
purpose of loading and unloading and one mile for food, fuel,
repairs, and rest on those municipally controlled highways.
No exemption shall be granted authorizing travel on municipal
roads as a thoroughfare between State designated highways.
(e) When any vehicle is operated in violation of this
Section, the owner or driver of the vehicle shall be deemed
guilty of a violation and either the owner or the driver of
the vehicle may be prosecuted for the violation. Any person,
firm, or corporation convicted of violating this Section
shall be fined $50 for any weight exceeding the posted limit
up to the axle or gross weight limit allowed a vehicle as
provided for in subsections (a) or (b) of Section 15-111 and
$75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(Source: P.A. 88-384; 89-117, eff. 7-7-95.)
(Text of Section after amendment by P.A. 89-687)
Sec. 15-316. When the Department, local authority or road
district highway commissioner may restrict right to use
highways.
(a) Local authorities and road district highway
commissioners with respect to highways under their
jurisdiction may by ordinance or resolution prohibit the
operation of vehicles upon any such highway or impose
restrictions as to the weight of vehicles to be operated upon
any such highway, for a total period of not to exceed 90 days
in any one calendar year, whenever any said highway by reason
of deterioration, rain, snow, or other climate conditions
will be seriously damaged or destroyed unless the use of
vehicles thereon is prohibited or the permissible weights
thereof reduced.
(b) The local authority or road district highway
commissioner enacting any such ordinance or resolution shall
erect or cause to be erected and maintained signs designating
the provision of the ordinance or resolution at each end of
that portion of any highway affected thereby, and the
ordinance or resolution shall not be effective unless and
until such signs are erected and maintained.
(c) Local authorities and road district highway
commissioners with respect to highways under their
jurisdiction may also, by ordinance or resolution, prohibit
the operation of trucks or other commercial vehicles, or may
impose limitations as the weight thereof, on designated
highways, which prohibitions and limitations shall be
designated by appropriate signs placed on such highways.
(c-1) The weight provisions of subsections (a), (b), and
(c) take precedence over the provisions of subsections (d-1)
and (d-2).
(d) The Department shall likewise have authority as
hereinbefore granted to local authorities and road district
highway commissioners to determine by resolution and to
impose restrictions as to the weight of vehicles operated
upon any highway under the jurisdiction of said department,
and such restrictions shall be effective when signs giving
notice thereof are erected upon the highway or portion of any
highway affected by such resolution.
(d-1) Motor vehicles and motor vehicles in combination
with gross weights not exceeding 73,280 pounds and up to 65
feet in overall length and 102 inches in width operating on
highways under the control of a county or township road
district highway commissioner may have access for a distance
of 5 miles from a State designated highway for the purpose of
loading, unloading, services, and home base. No exemption
shall be granted authorizing travel on local roads as a
thoroughfare between State designated highways.
(d-2) Motor vehicles and motor vehicles in combination
with gross weights not exceeding 73,280 pounds and up to 65
feet in overall length and 102 inches in width operating on
highways under the control of municipal authorities may have
access for 5 miles from a State designated highway for the
purpose of loading and unloading and one mile for food, fuel,
repairs, and rest on those municipally controlled highways.
No exemption shall be granted authorizing travel on municipal
roads as a thoroughfare between State designated highways.
(e) When any vehicle is operated in violation of this
Section, the owner or driver of the vehicle shall be deemed
guilty of a violation and either the owner or the driver of
the vehicle may be prosecuted for the violation. Any person,
firm, or corporation convicted of violating this Section
shall be fined $50 for any weight exceeding the posted limit
up to the axle or gross weight limit allowed a vehicle as
provided for in subsections (a) or (b) of Section 15-111 and
$75 per every 500 pounds or fraction thereof for any weight
exceeding that which is provided for in subsections (a) or
(b) of Section 15-111.
(f) A municipality is authorized to enforce a county
weight limit ordinance applying to county highways within its
corporate limits and is entitled to the proceeds of any fines
collected from the enforcement.
(Source: P.A. 88-384; 89-117, eff. 7-7-95; 89-687, eff.
6-1-97.)
Section 95. No acceleration or delay. Where this Act
makes changes in a statute that is represented in this Act by
text that is not yet or no longer in effect (for example, a
Section represented by multiple versions), the use of that
text does not accelerate or delay the taking effect of (i)
the changes made by this Act or (ii) provisions derived from
any other Public Act.