Bill Text: IL HB4848 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Provides that no person shall operate or cause to be operated, on a highway, a commercial motor vehicle, with the exception of a highway maintenance vehicle, transporting garbage or refuse unless the tailgate on the vehicle is in good working repair, good operating condition, and closes securely, with a cover or tarpaulin of sufficient size attached so as to prevent any load, residue, or other material from escaping. Provides that a violation of the provisions shall be a petty offense punishable by a fine not to exceed $150 (rather than $250). Provides that a person, firm, or corporation convicted of 4 or more violations within a 12-month period shall be fined an additional amount of $150 for the fourth and each subsequent conviction within the 12-month period. Amends the Criminal and Traffic Assessment Act. In provisions concerning conditional assessments, provides for distribution of a conditional assessment for a violation of the provisions.
Spectrum: Bipartisan Bill
Status: (Passed) 2024-08-02 - Public Act . . . . . . . . . 103-0730 [HB4848 Detail]
Download: Illinois-2023-HB4848-Chaptered.html
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| Public Act 103-0730 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by | ||||
changing Section 15-109.1 as follows:
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(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1) | ||||
Sec. 15-109.1. Covers or tarpaulins required for certain | ||||
loads. | ||||
(a) No person shall operate or cause to be operated, on a | ||||
highway, any second division vehicle loaded with dirt, | ||||
aggregate, garbage, refuse, or other similar material, when | ||||
any portion of the load is falling, sifting, blowing, dropping | ||||
or in any way escaping from the vehicle. | ||||
(b) No person shall operate or cause to be operated, on a | ||||
highway, any second division vehicle having a gross vehicle | ||||
weight rating of 8,000 pounds or more loaded with dirt, | ||||
aggregate, garbage, refuse, or other similar material in or on | ||||
any part of the vehicle other than in the cargo area. In | ||||
addition, no person shall operate on any highway, such vehicle | ||||
unless the tailgate on the vehicle is in good repair and | ||||
operating condition and closes securely so as to prevent any | ||||
load, residue, or other material from escaping. | ||||
(c) This Section shall not apply to the operation of | ||||
highway maintenance vehicles engaged in removing snow and ice | ||
from the roadway, nor to implements of husbandry or other farm | ||
vehicles while transporting agricultural products to or from | ||
the original place of production. | ||
(d) For the purpose of this Section "aggregate" shall | ||
include all ores, minerals, sand, gravel, shale, coal, clay, | ||
limestone or any other ore or mineral which may be mined. | ||
(e) Notwithstanding any other penalty, whenever a police | ||
officer determines that the operator of a vehicle is in | ||
violation of this Section, as evidenced by the issuance of a | ||
citation for a violation of Section 15-109.1 of this Code, or | ||
where a police officer determines that a dangerous condition | ||
exists whereby any portion of the load may fall, sift, blow, | ||
drop, or in any way escape or fall from the vehicle, the police | ||
officer shall require the operator to stop the vehicle in a | ||
suitable place and keep such vehicle stationary until the load | ||
has either been reduced, secured, or covered with a cover or | ||
tarpaulin of sufficient size to prevent any further violation | ||
of this Section. | ||
(f) No person shall operate or cause to be operated, on a | ||
highway, a commercial motor vehicle, with the exception of a | ||
highway maintenance vehicle, transporting garbage or refuse | ||
unless the tailgate on the vehicle is in good working repair, | ||
good operating condition, and closes securely, with a cover or | ||
tarpaulin of sufficient size attached, so as to prevent any | ||
load, residue, or other material from escaping. | ||
(g) Any violation of the provisions of this Section shall | ||
be a petty offense punishable by a fine not to exceed $150 | ||
$250. In addition, a person, firm, or corporation convicted of | ||
4 or more violations of subsection (f) within a 12-month | ||
period shall be fined an additional amount of $150 for the | ||
fourth and each subsequent conviction within the 12-month | ||
period. Regarding a firm or corporation, a fourth or | ||
subsequent conviction means a fourth or subsequent conviction | ||
attributable to one employee-driver. | ||
(Source: P.A. 91-858, eff. 1-1-01.)
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Section 10. The Criminal and Traffic Assessment Act is | ||
amended by changing Section 15-70 as follows:
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