99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1682

Introduced , by Rep. Jim Durkin

SYNOPSIS AS INTRODUCED:

625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301

Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning permits for excess size and weight.

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A BILL FOR

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1 AN ACT concerning transportation.

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 changing

5 Section 15-301 as follows:

6 (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)

7 Sec. 15-301. Permits for ~~for~~ excess size and weight.

8 (a) The Department with respect to highways under its

9 jurisdiction and local authorities with respect to highways

10 under their jurisdiction may, in their discretion, upon

11 application and good cause being shown therefor, issue a

12 special permit authorizing the applicant to operate or move a

13 vehicle or combination of vehicles of a size or weight of

14 vehicle or load exceeding the maximum specified in this Act or

15 otherwise not in conformity with this Act upon any highway

16 under the jurisdiction of the party granting such permit and

17 for the maintenance of which the party is responsible.

18 Applications and permits other than those in written or printed

19 form may only be accepted from and issued to the company or

20 individual making the movement. Except for an application to

21 move directly across a highway, it shall be the duty of the

22 applicant to establish in the application that the load to be

23 moved by such vehicle or combination cannot reasonably be

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1 dismantled or disassembled, the reasonableness of which shall

2 be determined by the Secretary of the Department. For the

3 purpose of over length movements, more than one object may be

4 carried side by side as long as the height, width, and weight

5 laws are not exceeded and the cause for the over length is not

6 due to multiple objects. For the purpose of over height

7 movements, more than one object may be carried as long as the

8 cause for the over height is not due to multiple objects and

9 the length, width, and weight laws are not exceeded. For the

10 purpose of an over width movement, more than one object may be

11 carried as long as the cause for the over width is not due to

12 multiple objects and length, height, and weight laws are not

13 exceeded. No state or local agency shall authorize the issuance

14 of excess size or weight permits for vehicles and loads that

15 are divisible and that can be carried, when divided, within the

16 existing size or weight maximums specified in this Chapter. Any

17 excess size or weight permit issued in violation of the

18 provisions of this Section shall be void at issue and any

19 movement made thereunder shall not be authorized under the

20 terms of the void permit. In any prosecution for a violation of

21 this Chapter when the authorization of an excess size or weight

22 permit is at issue, it is the burden of the defendant to

23 establish that the permit was valid because the load to be

24 moved could not reasonably be dismantled or disassembled, or

25 was otherwise nondivisible.

26 (b) The application for any such permit shall: (1) state

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1 whether such permit is requested for a single trip or for

2 limited continuous operation; (2) state if the applicant is an

3 authorized carrier under the Illinois Motor Carrier of Property

4 Law, if so, his certificate, registration or permit number

5 issued by the Illinois Commerce Commission; (3) specifically

6 describe and identify the vehicle or vehicles and load to be

7 operated or moved except that for vehicles or vehicle

8 combinations registered by the Department as provided in

9 Section 15-319 of this Chapter, only the Illinois Department of

10 Transportation's (IDT) registration number or classification

11 need be given; (4) state the routing requested including the

12 points of origin and destination, and may identify and include

13 a request for routing to the nearest certified scale in

14 accordance with the Department's rules and regulations,

15 provided the applicant has approval to travel on local roads;

16 and (5) state if the vehicles or loads are being transported

17 for hire. No permits for the movement of a vehicle or load for

18 hire shall be issued to any applicant who is required under the

19 Illinois Motor Carrier of Property Law to have a certificate,

20 registration or permit and does not have such certificate,

21 registration or permit.

22 (c) The Department or local authority when not inconsistent

23 with traffic safety is authorized to issue or withhold such

24 permit at its discretion; or, if such permit is issued at its

25 discretion to prescribe the route or routes to be traveled, to

26 limit the number of trips, to establish seasonal or other time

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1 limitations within which the vehicles described may be operated

2 on the highways indicated, or otherwise to limit or prescribe

3 conditions of operations of such vehicle or vehicles, when

4 necessary to assure against undue damage to the road

5 foundations, surfaces or structures, and may require such

6 undertaking or other security as may be deemed necessary to

7 compensate for any injury to any roadway or road structure. The

8 Department shall maintain a daily record of each permit issued

9 along with the fee and the stipulated dimensions, weights,

10 conditions and restrictions authorized and this record shall be

11 presumed correct in any case of questions or dispute. The

12 Department shall install an automatic device for recording

13 applications received and permits issued by telephone. In

14 making application by telephone, the Department and applicant

15 waive all objections to the recording of the conversation.

16 (d) The Department shall, upon application in writing from

17 any local authority, issue an annual permit authorizing the

18 local authority to move oversize highway construction,

19 transportation, utility and maintenance equipment over roads

20 under the jurisdiction of the Department. The permit shall be

21 applicable only to equipment and vehicles owned by or

22 registered in the name of the local authority, and no fee shall

23 be charged for the issuance of such permits.

24 (e) As an exception to paragraph (a) of this Section, the

25 Department and local authorities, with respect to highways

26 under their respective jurisdictions, in their discretion and

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1 upon application in writing may issue a special permit for

2 limited continuous operation, authorizing the applicant to

3 move loads of agricultural commodities on a 2 axle single

4 vehicle registered by the Secretary of State with axle loads

5 not to exceed 35%, on a 3 or 4 axle vehicle registered by the

6 Secretary of State with axle loads not to exceed 20%, and on a

7 5 axle vehicle registered by the Secretary of State not to

8 exceed 10% above those provided in Section 15-111. The total

9 gross weight of the vehicle, however, may not exceed the

10 maximum gross weight of the registration class of the vehicle

11 allowed under Section 3-815 or 3-818 of this Code.

12 As used in this Section, "agricultural commodities" means:

13 (1) cultivated plants or agricultural produce grown

14 including, but is not limited to, corn, soybeans, wheat,

15 oats, grain sorghum, canola, and rice;

16 (2) livestock, including but not limited to hogs,

17 equine, sheep, and poultry;

18 (3) ensilage; and

19 (4) fruits and vegetables.

20 Permits may be issued for a period not to exceed 40 days

21 and moves may be made of a distance not to exceed 50 miles from

22 a field, an on-farm grain storage facility, a warehouse as

23 defined in the Illinois Grain Code, or a livestock management

24 facility as defined in the Livestock Management Facilities Act

25 over any highway except the National System of Interstate and

26 Defense Highways. The operator of the vehicle, however, must

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1 abide by posted bridge and posted highway weight limits. All

2 implements of husbandry operating under this Section between

3 sunset and sunrise shall be equipped as prescribed in Section

4 12-205.1.

5 (e-1) Upon a declaration by the Governor that an emergency

6 harvest situation exists, a special permit issued by the

7 Department under this Section shall not be required from

8 September 1 through December 31 during harvest season

9 emergencies, provided that the weight does not exceed 20% above

10 the limits provided in Section 15-111. All other restrictions

11 that apply to permits issued under this Section shall apply

12 during the declared time period. With respect to highways under

13 the jurisdiction of local authorities, the local authorities

14 may, at their discretion, waive special permit requirements

15 during harvest season emergencies. This permit exemption shall

16 apply to all vehicles eligible to obtain permits under this

17 Section, including commercial vehicles in use during the

18 declared time period.

19 (f) The form and content of the permit shall be determined

20 by the Department with respect to highways under its

21 jurisdiction and by local authorities with respect to highways

22 under their jurisdiction. Every permit shall be in written form

23 and carried in the vehicle or combination of vehicles to which

24 it refers and shall be open to inspection by any police officer

25 or authorized agent of any authority granting the permit and no

26 person shall violate any of the terms or conditions of such

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1 special permit. Violation of the terms and conditions of the

2 permit shall not be deemed a revocation of the permit; however,

3 any vehicle and load found to be off the route prescribed in

4 the permit shall be held to be operating without a permit. Any

5 off route vehicle and load shall be required to obtain a new

6 permit or permits, as necessary, to authorize the movement back

7 onto the original permit routing. No rule or regulation, nor

8 anything herein shall be construed to authorize any police

9 officer, court, or authorized agent of any authority granting

10 the permit to remove the permit from the possession of the

11 permittee unless the permittee is charged with a fraudulent

12 permit violation as provided in paragraph (i). However, upon

13 arrest for an offense of violation of permit, operating without

14 a permit when the vehicle is off route, or any size or weight

15 offense under this Chapter when the permittee plans to raise

16 the issuance of the permit as a defense, the permittee, or his

17 agent, must produce the permit at any court hearing concerning

18 the alleged offense.

19 If the permit designates and includes a routing to a

20 certified scale, the permittee, while enroute to the designated

21 scale, shall be deemed in compliance with the weight provisions

22 of the permit provided the axle or gross weights do not exceed

23 any of the permitted limits by more than the following amounts:

24 Single axle 2000 pounds

25 Tandem axle 3000 pounds

26 Gross 5000 pounds

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1 (g) The Department is authorized to adopt, amend, and to

2 make available to interested persons a policy concerning

3 reasonable rules, limitations and conditions or provisions of

4 operation upon highways under its jurisdiction in addition to

5 those contained in this Section for the movement by special

6 permit of vehicles, combinations, or loads which cannot

7 reasonably be dismantled or disassembled, including

8 manufactured and modular home sections and portions thereof.

9 All rules, limitations and conditions or provisions adopted in

10 the policy shall have due regard for the safety of the

11 traveling public and the protection of the highway system and

12 shall have been promulgated in conformity with the provisions

13 of the Illinois Administrative Procedure Act. The requirements

14 of the policy for flagmen and escort vehicles shall be the same

15 for all moves of comparable size and weight. When escort

16 vehicles are required, they shall meet the following

17 requirements:

18 (1) All operators shall be 18 years of age or over and

19 properly licensed to operate the vehicle.

20 (2) Vehicles escorting oversized loads more than

21 12-feet wide must be equipped with a rotating or flashing

22 amber light mounted on top as specified under Section

23 12-215.

24 The Department shall establish reasonable rules and

25 regulations regarding liability insurance or self insurance

26 for vehicles with oversized loads promulgated under The

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1 Illinois Administrative Procedure Act. Police vehicles may be

2 required for escort under circumstances as required by rules

3 and regulations of the Department.

4 (h) Violation of any rule, limitation or condition or

5 provision of any permit issued in accordance with the

6 provisions of this Section shall not render the entire permit

7 null and void but the violator shall be deemed guilty of

8 violation of permit and guilty of exceeding any size, weight or

9 load limitations in excess of those authorized by the permit.

10 The prescribed route or routes on the permit are not mere

11 rules, limitations, conditions, or provisions of the permit,

12 but are also the sole extent of the authorization granted by

13 the permit. If a vehicle and load are found to be off the route

14 or routes prescribed by any permit authorizing movement, the

15 vehicle and load are operating without a permit. Any off route

16 movement shall be subject to the size and weight maximums,

17 under the applicable provisions of this Chapter, as determined

18 by the type or class highway upon which the vehicle and load

19 are being operated.

20 (i) Whenever any vehicle is operated or movement made under

21 a fraudulent permit the permit shall be void, and the person,

22 firm, or corporation to whom such permit was granted, the

23 driver of such vehicle in addition to the person who issued

24 such permit and any accessory, shall be guilty of fraud and

25 either one or all persons may be prosecuted for such violation.

26 Any person, firm, or corporation committing such violation

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1 shall be guilty of a Class 4 felony and the Department shall

2 not issue permits to the person, firm or corporation convicted

3 of such violation for a period of one year after the date of

4 conviction. Penalties for violations of this Section shall be

5 in addition to any penalties imposed for violation of other

6 Sections of this Act.

7 (j) Whenever any vehicle is operated or movement made in

8 violation of a permit issued in accordance with this Section,

9 the person to whom such permit was granted, or the driver of

10 such vehicle, is guilty of such violation and either, but not

11 both, persons may be prosecuted for such violation as stated in

12 this subsection (j). Any person, firm or corporation convicted

13 of such violation shall be guilty of a petty offense and shall

14 be fined for the first offense, not less than $50 nor more than

15 $200 and, for the second offense by the same person, firm or

16 corporation within a period of one year, not less than $200 nor

17 more than $300 and, for the third offense by the same person,

18 firm or corporation within a period of one year after the date

19 of the first offense, not less than $300 nor more than $500 and

20 the Department shall not issue permits to the person, firm or

21 corporation convicted of a third offense during a period of one

22 year after the date of conviction for such third offense.

23 (k) Whenever any vehicle is operated on local roads under

24 permits for excess width or length issued by local authorities,

25 such vehicle may be moved upon a State highway for a distance

26 not to exceed one-half mile without a permit for the purpose of

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1 crossing the State highway.

2 (l) Notwithstanding any other provision of this Section,

3 the Department, with respect to highways under its

4 jurisdiction, and local authorities, with respect to highways

5 under their jurisdiction, may at their discretion authorize the

6 movement of a vehicle in violation of any size or weight

7 requirement, or both, that would not ordinarily be eligible for

8 a permit, when there is a showing of extreme necessity that the

9 vehicle and load should be moved without unnecessary delay.

10 For the purpose of this subsection, showing of extreme

11 necessity shall be limited to the following: shipments of

12 livestock, hazardous materials, liquid concrete being hauled

13 in a mobile cement mixer, or hot asphalt.

14 (m) Penalties for violations of this Section shall be in

15 addition to any penalties imposed for violating any other

16 Section of this Code.

17 (n) The Department with respect to highways under its

18 jurisdiction and local authorities with respect to highways

19 under their jurisdiction, in their discretion and upon

20 application in writing, may issue a special permit for

21 continuous limited operation, authorizing the applicant to

22 operate a tow-truck that exceeds the weight limits provided for

23 in subsection (a) of Section 15-111, provided:

24 (1) no rear single axle of the tow-truck exceeds 26,000

25 pounds;

26 (2) no rear tandem axle of the tow-truck exceeds 50,000

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1 pounds;

2 (2.1) no triple rear axle on a manufactured recovery

3 unit exceeds 60,000 pounds;

4 (3) neither the disabled vehicle nor the disabled

5 combination of vehicles exceed the weight restrictions

6 imposed by this Chapter 15, or the weight limits imposed

7 under a permit issued by the Department prior to hookup;

8 (4) the tow-truck prior to hookup does not exceed the

9 weight restrictions imposed by this Chapter 15;

10 (5) during the tow operation the tow-truck does not

11 violate any weight restriction sign;

12 (6) the tow-truck is equipped with flashing, rotating,

13 or oscillating amber lights, visible for at least 500 feet

14 in all directions;

15 (7) the tow-truck is specifically designed and

16 licensed as a tow-truck;

17 (8) the tow-truck has a gross vehicle weight rating of

18 sufficient capacity to safely handle the load;

19 (9) the tow-truck is equipped with air brakes;

20 (10) the tow-truck is capable of utilizing the lighting

21 and braking systems of the disabled vehicle or combination

22 of vehicles;

23 (11) the tow commences at the initial point of wreck or

24 disablement and terminates at a point where the repairs are

25 actually to occur;

26 (12) the permit issued to the tow-truck is carried in

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1 the tow-truck and exhibited on demand by a police officer;

2 and

3 (13) the movement shall be valid only on state routes

4 approved by the Department.

5 (o) The Department, with respect to highways under its

6 jurisdiction, and local authorities, with respect to highways

7 under their jurisdiction, in their discretion and upon

8 application in writing, may issue a special permit for

9 continuous limited operation, authorizing the applicant to

10 transport raw milk that exceeds the weight limits provided for

11 in subsection (a) of Section 15-111 of this Code, provided:

12 (1) no single axle exceeds 20,000 pounds;

13 (2) no gross weight exceeds 80,000 pounds;

14 (3) permits issued by the State are good only for

15 federal and State highways and are not applicable to

16 interstate highways; and

17 (4) all road and bridge postings must be obeyed.

18 (p) In determining whether a load may be reasonably

19 dismantled or disassembled for the purpose of paragraph (a),

20 the Department shall consider whether there is a significant

21 negative impact on the condition of the pavement and structures

22 along the proposed route, whether the load or vehicle as

23 proposed causes a safety hazard to the traveling public,

24 whether dismantling or disassembling the load promotes or

25 stifles economic development and whether the proposed route

26 travels less than 5 miles. A load is not required to be

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1 dismantled or disassembled for the purposes of paragraph (a) if

2 the Secretary of the Department determines there will be no

3 significant negative impact to pavement or structures along the

4 proposed route, the proposed load or vehicle causes no safety

5 hazard to the traveling public, dismantling or disassembling

6 the load does not promote economic development and the proposed

7 route travels less than 5 miles. The Department may promulgate

8 rules for the purpose of establishing the divisibility of a

9 load pursuant to paragraph (a). Any load determined by the

10 Secretary to be nondivisible shall otherwise comply with the

11 existing size or weight maximums specified in this Chapter.

12 (Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;

13 97-813, eff. 7-13-12.)