Bill Text: IL HB5372 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. In a provision authorizing local authorities to enact an ordinance or resolution prohibiting the use of or restricting the maximum weight of vehicles upon any highway under their jurisdiction, for a total period of not to exceed 90 days in any one calendar year, whenever any the highway by reason of deterioration, rain, snow, or other climate conditions will be seriously damaged or destroyed, provides for an exception for cargo tank vehicles with two or three permanent axles when delivering propane for heating, if the cargo tank is loaded at no more than 50 percent capacity, and the gross vehicle weight of the vehicle does not exceed 32,000 pounds. Provides that the cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank and must have the capacity displayed on the cargo tank or documentation of the capacity of the cargo tank in the vehicle.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-03-26 - Rule 19(a) / Re-referred to Rules Committee [HB5372 Detail]

Download: Illinois-2009-HB5372-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB5372 Introduced 2/5/2010, by Rep. Joseph M. Lyons SYNOPSIS AS INTRODUCED:
625 ILCS 5/15-316 from Ch. 95 1/2, par. 15-316
Amends the Illinois Vehicle Code. In a provision authorizing local authorities to enact an ordinance or resolution prohibiting the use of or restricting the maximum weight of vehicles upon any highway under their jurisdiction, for a total period of not to exceed 90 days in any one calendar year, whenever any the highway by reason of deterioration, rain, snow, or other climate conditions will be seriously damaged or destroyed, provides for an exception for cargo tank vehicles with two or three permanent axles when delivering propane for heating, if the cargo tank is loaded at no more than 50 percent capacity, and the gross vehicle weight of the vehicle does not exceed 32,000 pounds. Provides that the cargo tank vehicle must have an operating gauge on the cargo tank which indicates the amount of propane as a percent of capacity of the cargo tank and must have the capacity displayed on the cargo tank or documentation of the capacity of the cargo tank in the vehicle.
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A BILL FOR
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AN ACT concerning transportation.
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)
Sec. 15-316. When the Department or local authority may
restrict right to use highways.
(a) Except as provided in subsection (g), local Local
authorities 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 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

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and until such signs are erected and maintained.
(c) Local authorities 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) (Blank).
(d) The Department shall likewise have authority as
hereinbefore granted to local authorities 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) (Blank).
(d-2) (Blank).
(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

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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.
(g) An ordinance or resolution enacted pursuant to
subsection (a) of this Section shall not apply to cargo tank
vehicles with two or three permanent axles when delivering
propane for heating, if the cargo tank is loaded at no more
than 50 percent capacity, and the gross vehicle weight of the
vehicle does not exceed 32,000 pounds. The cargo tank vehicle
must have an operating gauge on the cargo tank which indicates
the amount of propane as a percent of capacity of the cargo
tank. The cargo tank must have the capacity displayed on the
cargo tank, or documentation of the capacity of the cargo tank
must be available in the vehicle. For the purposes of this
subsection, propane weighs 4.2 pounds per gallon.
(Source: P.A. 92-417, eff. 1-1-02; 93-177, eff. 7-11-03.)