Bill Text: IL HB5531 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that upon declaration by the Governor that a disaster resulting from a storm exists, all vehicles are exempt from requiring a special permit for excess vehicle size and weight, provided that the weight does not exceed 20% above the permissible limit. All other restrictions to the special permits shall apply.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5531 Detail]
Download: Illinois-2015-HB5531-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 15-301 as follows:
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6 | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
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7 | Sec. 15-301. Permits for excess size and weight.
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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
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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.
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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,
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21 | registration or permit.
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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
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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.
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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.
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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
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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
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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.
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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.
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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
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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.
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19 | (e-5) Upon a declaration by the Governor under Section 7 of | ||||||
20 | the Illinois Emergency Management Agency Act that a disaster | ||||||
21 | resulting from a storm exists, a special permit issued by the | ||||||
22 | Department under this Section shall not be required for the | ||||||
23 | duration of the declared time period of the disaster, provided | ||||||
24 | that the weight does not exceed 20% above the limits under | ||||||
25 | Section 15-111. All other restrictions that apply to permits | ||||||
26 | issued under this Section shall apply during the declared time |
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1 | period. With respect to highways under the jurisdiction of | ||||||
2 | local authorities, the local authorities may, at their | ||||||
3 | discretion, waive special permit requirements during emergency | ||||||
4 | storm situations. This permit exemption shall apply to all | ||||||
5 | vehicles eligible to obtain permits under this Section, | ||||||
6 | including commercial vehicles in use during the declared time | ||||||
7 | period. | ||||||
8 | (f) The form and content of the permit shall be determined | ||||||
9 | by the
Department with respect to highways under its | ||||||
10 | jurisdiction and by local
authorities with respect to highways | ||||||
11 | under their jurisdiction. Every permit
shall be in written form | ||||||
12 | and carried in the vehicle or combination of
vehicles to which | ||||||
13 | it refers and shall be open to inspection by any
police officer | ||||||
14 | or authorized agent of any authority granting the permit
and no | ||||||
15 | person shall violate any of the terms or conditions of such
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16 | special permit. Violation of the terms and conditions of the | ||||||
17 | permit
shall not be deemed a revocation of the permit; however, | ||||||
18 | any vehicle and load
found to be off the route prescribed in | ||||||
19 | the permit shall be held to be
operating without a permit. Any | ||||||
20 | off route vehicle and load shall be required
to obtain a new | ||||||
21 | permit or permits, as necessary, to authorize the movement back
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22 | onto the original permit routing. No rule or regulation, nor | ||||||
23 | anything herein
shall be construed to authorize any police | ||||||
24 | officer, court, or authorized agent
of any authority granting | ||||||
25 | the permit to remove the permit from the possession
of the | ||||||
26 | permittee unless the permittee is charged with a fraudulent |
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1 | permit
violation as provided in paragraph (i). However, upon | ||||||
2 | arrest for an offense of
violation of permit, operating without | ||||||
3 | a permit when the vehicle is off route,
or any size or weight | ||||||
4 | offense under this Chapter when the permittee plans to
raise | ||||||
5 | the issuance of the permit as a defense, the permittee, or his | ||||||
6 | agent,
must produce the permit at any court hearing concerning | ||||||
7 | the alleged offense.
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8 | If the permit designates and includes a routing to a | ||||||
9 | certified scale, the permittee, while enroute to the designated | ||||||
10 | scale, shall be deemed in compliance
with the weight provisions | ||||||
11 | of the permit provided the axle or gross weights
do not exceed | ||||||
12 | any of the permitted limits by more than the following amounts:
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13 | Single axle 2000 pounds
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14 | Tandem axle 3000 pounds
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15 | Gross 5000 pounds
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16 | (g) The Department is authorized to adopt, amend, and to | ||||||
17 | make
available to interested persons a policy concerning | ||||||
18 | reasonable rules,
limitations and conditions or provisions of | ||||||
19 | operation upon highways
under its jurisdiction in addition to | ||||||
20 | those contained in this Section
for the movement by special | ||||||
21 | permit of vehicles, combinations, or loads
which cannot | ||||||
22 | reasonably be dismantled or disassembled, including
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23 | manufactured and modular home sections and portions thereof. | ||||||
24 | All rules,
limitations and conditions or provisions adopted in | ||||||
25 | the policy shall
have due regard for the safety of the | ||||||
26 | traveling public and the protection
of the highway system and |
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1 | shall have been promulgated in conformity with
the provisions | ||||||
2 | of the Illinois Administrative Procedure Act. The
requirements | ||||||
3 | of the policy for flagmen and escort vehicles shall be the
same | ||||||
4 | for all moves of comparable size and weight. When escort | ||||||
5 | vehicles are
required, they shall meet the following | ||||||
6 | requirements:
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7 | (1) All operators shall be 18 years of age or over and | ||||||
8 | properly
licensed to operate the vehicle.
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9 | (2) Vehicles escorting oversized loads more than | ||||||
10 | 12-feet wide must
be equipped with a rotating or flashing | ||||||
11 | amber light mounted on top as specified
under Section | ||||||
12 | 12-215.
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13 | The Department shall establish reasonable rules and | ||||||
14 | regulations
regarding liability insurance or self insurance | ||||||
15 | for vehicles with
oversized loads promulgated under The | ||||||
16 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
17 | required for escort under circumstances as
required by rules | ||||||
18 | and regulations of the Department.
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19 | (h) Violation of any rule, limitation or condition or | ||||||
20 | provision of
any permit issued in accordance with the | ||||||
21 | provisions of this Section
shall not render the entire permit | ||||||
22 | null and void but the violator shall
be deemed guilty of | ||||||
23 | violation of permit and guilty of exceeding any size,
weight or | ||||||
24 | load limitations in excess of those authorized by the permit.
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25 | The prescribed route or routes on the permit are not mere | ||||||
26 | rules, limitations,
conditions, or provisions of the permit, |
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1 | but are also the sole extent of the
authorization granted by | ||||||
2 | the permit. If a vehicle and load are found to be
off the route | ||||||
3 | or routes prescribed by any permit authorizing movement,
the | ||||||
4 | vehicle and load are operating without a permit. Any off route | ||||||
5 | movement
shall be subject to the size and weight maximums, | ||||||
6 | under the applicable
provisions of this Chapter, as determined | ||||||
7 | by the type or class highway upon
which the vehicle and load | ||||||
8 | are being operated.
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9 | (i) Whenever any vehicle is operated or movement made under | ||||||
10 | a
fraudulent permit the permit shall be void, and the person, | ||||||
11 | firm, or
corporation to whom such permit was granted, the | ||||||
12 | driver of such vehicle
in addition to the person who issued | ||||||
13 | such permit and any accessory,
shall be guilty of fraud and | ||||||
14 | either one or all persons may be prosecuted
for such violation. | ||||||
15 | Any person, firm, or corporation committing such
violation | ||||||
16 | shall be guilty of a Class 4 felony and the Department shall
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17 | not issue permits to the person, firm or corporation convicted | ||||||
18 | of such
violation for a period of one year after the date of | ||||||
19 | conviction.
Penalties for violations of this Section shall be | ||||||
20 | in addition to any
penalties imposed for violation of other | ||||||
21 | Sections of this Act.
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22 | (j) Whenever any vehicle is operated or movement made in | ||||||
23 | violation
of a permit issued in accordance with this Section, | ||||||
24 | the person to whom
such permit was granted, or the driver of | ||||||
25 | such vehicle, is guilty of
such violation and either, but not | ||||||
26 | both, persons may be prosecuted for
such violation as stated in |
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1 | this subsection (j). Any person, firm or
corporation convicted | ||||||
2 | of such violation shall be guilty of a petty
offense and shall | ||||||
3 | be fined for the first offense, not less than $50 nor
more than | ||||||
4 | $200 and, for the second offense by the same person, firm or
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5 | corporation within a period of one year, not less than $200 nor | ||||||
6 | more
than $300 and, for the third offense by the same person, | ||||||
7 | firm or
corporation within a period of one year after the date | ||||||
8 | of the first
offense, not less than $300 nor more than $500 and | ||||||
9 | the Department shall
not issue permits to the person, firm or | ||||||
10 | corporation convicted of a
third offense during a period of one | ||||||
11 | year after the date of conviction
for such third offense.
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12 | (k) Whenever any vehicle is operated on local roads under | ||||||
13 | permits
for excess width or length issued by local authorities, | ||||||
14 | such vehicle may
be moved upon a State highway for a distance | ||||||
15 | not to exceed one-half mile
without a permit for the purpose of | ||||||
16 | crossing the State highway.
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17 | (l) Notwithstanding any other provision of this Section, | ||||||
18 | the Department,
with respect to highways under its | ||||||
19 | jurisdiction, and local authorities, with
respect to highways | ||||||
20 | under their jurisdiction, may at their discretion authorize
the | ||||||
21 | movement of a vehicle in violation of any size or weight | ||||||
22 | requirement, or
both, that would not ordinarily be eligible for | ||||||
23 | a permit, when there is a
showing of extreme necessity that the | ||||||
24 | vehicle and load should be moved without
unnecessary delay.
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25 | For the purpose of this subsection, showing of extreme | ||||||
26 | necessity shall be
limited to the following: shipments of |
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1 | livestock, hazardous materials, liquid
concrete being hauled | ||||||
2 | in a mobile cement mixer, or hot asphalt.
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3 | (m) Penalties for violations of this Section shall be in | ||||||
4 | addition to any
penalties imposed for violating any other | ||||||
5 | Section of this Code.
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6 | (n) The Department with respect to highways under its | ||||||
7 | jurisdiction and
local
authorities with respect to highways | ||||||
8 | under their jurisdiction, in their
discretion and upon
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9 | application in writing, may issue a special permit for | ||||||
10 | continuous limited
operation,
authorizing the applicant to | ||||||
11 | operate a tow-truck that exceeds the weight limits
provided
for | ||||||
12 | in subsection (a) of Section 15-111, provided:
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13 | (1) no rear single axle of the tow-truck exceeds 26,000 | ||||||
14 | pounds;
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15 | (2) no rear tandem axle of the tow-truck exceeds 50,000 | ||||||
16 | pounds;
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17 | (2.1) no triple rear axle on a manufactured recovery | ||||||
18 | unit exceeds 60,000
pounds;
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19 | (3) neither the disabled vehicle nor the disabled | ||||||
20 | combination of vehicles
exceed the
weight restrictions | ||||||
21 | imposed by this Chapter 15, or the weight limits imposed
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22 | under a
permit issued by the Department prior to hookup;
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23 | (4) the tow-truck prior to hookup does not exceed the | ||||||
24 | weight restrictions
imposed
by this Chapter 15;
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25 | (5) during the tow operation the tow-truck does not | ||||||
26 | violate any weight
restriction
sign;
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1 | (6) the tow-truck is equipped with flashing, rotating, | ||||||
2 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
3 | in all directions;
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4 | (7) the tow-truck is specifically designed and | ||||||
5 | licensed as a tow-truck;
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6 | (8) the tow-truck has a gross vehicle weight rating of | ||||||
7 | sufficient
capacity to safely
handle the load;
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8 | (9) the tow-truck is equipped with air brakes;
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9 | (10) the tow-truck is capable of utilizing the lighting | ||||||
10 | and braking
systems of the
disabled vehicle or combination | ||||||
11 | of vehicles;
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12 | (11) the tow commences at the initial point of wreck or | ||||||
13 | disablement and terminates at a point where the repairs are | ||||||
14 | actually to occur;
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15 | (12) the permit issued to the tow-truck is carried in | ||||||
16 | the tow-truck
and
exhibited on demand by a police officer; | ||||||
17 | and
| ||||||
18 | (13) the movement shall be valid only on state routes | ||||||
19 | approved by the
Department.
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20 | (o) The Department, with respect to highways under its
| ||||||
21 | jurisdiction, and local authorities, with respect to highways | ||||||
22 | under
their jurisdiction, in their discretion and upon | ||||||
23 | application in
writing, may issue a special permit for | ||||||
24 | continuous limited
operation, authorizing the applicant to | ||||||
25 | transport raw milk that exceeds
the weight limits provided for | ||||||
26 | in subsection (a) of Section 15-111 of this Code, provided:
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1 | (1) no single axle exceeds 20,000 pounds;
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2 | (2) no gross weight exceeds 80,000 pounds;
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3 | (3) permits issued by the State are good only for | ||||||
4 | federal
and State highways and are not applicable to | ||||||
5 | interstate highways;
and
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6 | (4) all road and bridge postings must be obeyed.
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7 | (p) In determining whether a load may be reasonably | ||||||
8 | dismantled or disassembled for the purpose of paragraph (a), | ||||||
9 | the Department shall consider whether there is a significant | ||||||
10 | negative impact on the condition of the pavement and structures | ||||||
11 | along the proposed route, whether the load or vehicle as | ||||||
12 | proposed causes a safety hazard to the traveling public, | ||||||
13 | whether dismantling or disassembling the load promotes or | ||||||
14 | stifles economic development and whether the proposed route | ||||||
15 | travels less than 5 miles. A load is not required to be | ||||||
16 | dismantled or disassembled for the purposes of paragraph (a) if | ||||||
17 | the Secretary of the Department determines there will be no | ||||||
18 | significant negative impact to pavement or structures along the | ||||||
19 | proposed route, the proposed load or vehicle causes no safety | ||||||
20 | hazard to the traveling public, dismantling or disassembling | ||||||
21 | the load does not promote economic development and the proposed | ||||||
22 | route travels less than 5 miles.
The Department may promulgate | ||||||
23 | rules for the purpose of establishing the divisibility of a | ||||||
24 | load pursuant to paragraph (a). Any load determined by the | ||||||
25 | Secretary to be nondivisible shall otherwise comply with the | ||||||
26 | existing size or weight maximums specified in this Chapter. |
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1 | (Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11; | ||||||
2 | 97-813, eff. 7-13-12.)
|