Bill Text: IL SB1644 | 2011-2012 | 97th General Assembly | Chaptered
Bill Title: Amends the Illinois Vehicle Code. Defines "auxiliary power unit". Provides that trucks equipped with auxiliary power units may exceed weight limits by the lessor of the weight of the auxiliary power unit or 400 pounds, provided specified conditions are met. Provides that home rule counties or municipalities shall not impose further weight limits or require permits for any weight and size in excess of local restrictions on trucks and other commercial vehicles when gaining access to or egress from points of loading or unloading by the most direct and shortest route available. Makes changes to Sections concerning: the effect of provisions regarding weight and axle limits; requirements for clearance, identification, and side marker lamps; and when the Department of Transportation or a local authority may restrict highway use. Makes changes to a Section concerning wheel and axle loads and gross weights and conforming changes to various other Sections. Preempts home rule powers.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2011-07-27 - Public Act . . . . . . . . . 97-0201 [SB1644 Detail]
Download: Illinois-2011-SB1644-Chaptered.html
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Public Act 097-0201 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 1-190.05, 3-401, 3-815, 3-818, 12-202, 15-111, | ||||
15-112, 15-113, 15-301, and 15-307 and by adding Section | ||||
1-105.4 as follows:
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(625 ILCS 5/1-105.4 new) | ||||
Sec. 1-105.4. Auxiliary power unit, or APU. Small engines | ||||
used on commercial trucks to provide power for auxiliary loads, | ||||
such as heating, air conditioning, and lighting in sleeper | ||||
berths, which allows the operator to shut off the main engine | ||||
while resting. Auxiliary power units may also be referred to as | ||||
idle reduction units.
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(625 ILCS 5/1-190.05)
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Sec. 1-190.05. Special hauling vehicle. A vehicle or | ||||
combination of
vehicles transporting asphalt or concrete in the | ||||
plastic state or a vehicle or
combination of vehicles that is | ||||
subject to the weight limitations in
subsection subsections (a) | ||||
and (b) of Section 15-111 for which the owner of the vehicle or
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combination of vehicles has elected to pay, in addition to the | ||||
registration
fees stated in subsection (a) or (c) of Section |
3-815 or Section 3-818, $100
to the Secretary of State for each | ||
registration year.
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(Source: P.A. 90-89, eff. 1-1-98.)
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(625 ILCS 5/3-401) (from Ch. 95 1/2, par. 3-401)
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Sec. 3-401. Effect of provisions.
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(a) It shall be unlawful for any
person to violate any | ||
provision of this Chapter or to drive or move or
for an owner | ||
knowingly to permit to be driven or moved upon any highway
any | ||
vehicle of a type required to be registered hereunder which is | ||
not
registered or for which the appropriate fee has not been | ||
paid when and
as required hereunder, except that when | ||
application accompanied by
proper fee has been made for | ||
registration of a vehicle it may be
operated temporarily | ||
pending complete registration upon displaying a
duplicate | ||
application duly verified or other evidence of such
application | ||
or otherwise under rules and regulations promulgated by the
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Secretary of State.
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(b) The appropriate fees required to be paid under the | ||
various
provisions of this Act for registration of vehicles | ||
shall mean the fee
or fees which would have been paid | ||
initially, if proper and timely
application had been made to | ||
the Secretary of State for the appropriate
registration | ||
required, whether such registration be a flat weight
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registration, a single trip permit, a reciprocity permit or a
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supplemental application to an original prorate application |
together
with payment of fees due under the supplemental | ||
application for prorate
decals.
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(c) Effective October 1, 1984, no vehicle required to pay a | ||
Federal
Highway
Users Tax shall be registered unless proof of | ||
payment, in a form prescribed
and approved by the Secretary of | ||
State, is submitted with the appropriate
registration. | ||
Notwithstanding any other provision of this Code, failure
of | ||
the applicant to comply with this paragraph shall be deemed | ||
grounds for
the Secretary to refuse registration.
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(c-1) A vehicle may not be registered by the Secretary of | ||
State unless that vehicle:
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(1) was originally manufactured for operation on | ||
highways; | ||
(2) is a modification of a vehicle that was originally | ||
manufactured for operation on highways; or | ||
(3) was assembled from component parts designed for use | ||
in vehicles to be operated on highways.
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(d) Second division vehicles.
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(1) A vehicle of the second division moved or operated | ||
within this State
shall have had paid for it the | ||
appropriate registration fees and flat weight
tax, as
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evidenced by the Illinois registration issued for that | ||
vehicle, for the gross
weight of the vehicle and load being | ||
operated or moved within this State.
Second division | ||
vehicles of foreign jurisdictions operated within this | ||
State
under a single trip permit, fleet reciprocity plan, |
prorate registration plan,
or apportional registration | ||
plan, instead of second division vehicle
registration | ||
under Article VIII of this Chapter, must have had paid for | ||
it the
appropriate
registration fees and flat weight tax in | ||
the base jurisdiction of that vehicle,
as evidenced by the | ||
maximum gross weight shown on the foreign registration
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cards, plus any appropriate fees required under this Code.
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(2) If a vehicle and load are operated in this State | ||
and the
appropriate fees and taxes have not been paid or | ||
the vehicle and load exceed
the registered gross weight for | ||
which the
required fees and taxes have been paid by 2001 | ||
pounds or more, the operator or
owner shall be fined as | ||
provided in Section 15-113 of this Code. However, an
owner | ||
or operator shall not be subject to arrest under this | ||
subsection for any
weight in excess of 80,000 pounds. | ||
Further, for any unregistered vehicle or
vehicle | ||
displaying expired registration, no fine shall exceed the | ||
actual
cost of what the appropriate registration for that | ||
vehicle and load should have
been as established in | ||
subsection (a) of Section 3-815 of
this Chapter regardless | ||
of the route
traveled. For purposes of this paragraph (2), | ||
"appropriate registration" means the full annual cost of | ||
the required registration and its associated fees.
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(3) Any person operating a legal combination of | ||
vehicles displaying valid
registration shall not be | ||
considered in violation of the registration provision
of |
this subsection unless the total gross weight of the | ||
combination exceeds the
total licensed weight of the | ||
vehicles in the combination.
The gross weight of a vehicle | ||
exempt from the registration requirements of
this Chapter | ||
shall not be included when determining the total gross | ||
weight of
vehicles in combination.
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(4) If the defendant claims that he or she had | ||
previously paid the
appropriate Illinois registration fees | ||
and taxes for this vehicle before the
alleged violation, | ||
the defendant shall have the burden of proving the | ||
existence
of the payment by competent evidence. Proof of | ||
proper Illinois registration
issued by the Secretary of | ||
State, or the appropriate registration authority
from the | ||
foreign state, shall be the only competent evidence of | ||
payment.
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(Source: P.A. 94-239, eff. 1-1-06.)
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(625 ILCS 5/3-815) (from Ch. 95 1/2, par. 3-815)
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Sec. 3-815. Flat weight tax; vehicles of the second | ||
division.
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(a) Except
as provided in Section 3-806.3, every owner
of a | ||
vehicle of the second division registered under Section 3-813, | ||
and
not registered under the mileage weight tax under Section | ||
3-818, shall
pay to the Secretary of State, for each | ||
registration year, for the use
of the public highways, a flat | ||
weight tax at the rates set forth in the
following table, the |
rates including the $10 registration fee:
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SCHEDULE OF FLAT WEIGHT TAX
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REQUIRED BY LAW
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Beginning with the 2010 registration year a $1 surcharge | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
shall be collected for vehicles registered in the 8,000 lbs. | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
and less flat weight plate category above to be deposited into |
the State Police Vehicle Fund.
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All of the proceeds of the additional fees imposed by this | ||||||||
amendatory Act of the 96th General Assembly shall be deposited | ||||||||
into the Capital Projects Fund. | ||||||||
(a-1) A Special Hauling Vehicle is a vehicle or combination | ||||||||
of vehicles of
the second
division registered under Section | ||||||||
3-813 transporting asphalt or concrete in the
plastic state or | ||||||||
a vehicle or combination of vehicles that are subject to the
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gross weight limitations in subsection (a) (b) of Section | ||||||||
15-111 for which the
owner of the
vehicle or combination of | ||||||||
vehicles has elected to pay, in addition to the
registration | ||||||||
fee in subsection (a), $125 to the Secretary of State
for each
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registration year. The Secretary shall designate this class of | ||||||||
vehicle as
a Special Hauling Vehicle.
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(b) Except as provided in Section 3-806.3, every camping | ||||||||
trailer,
motor home, mini motor home, travel trailer, truck | ||||||||
camper or van camper
used primarily for recreational purposes, | ||||||||
and not used commercially, nor
for hire, nor owned by a | ||||||||
commercial business, may be registered for each
registration | ||||||||
year upon the filing of a proper application and the payment
of | ||||||||
a registration fee and highway use tax, according to the | ||||||||
following table of
fees:
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MOTOR HOME, MINI MOTOR HOME, TRUCK CAMPER OR VAN CAMPER
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CAMPING TRAILER OR TRAVEL TRAILER
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Every house trailer must be registered under Section 3-819.
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(c) Farm Truck. Any truck used exclusively for the owner's | ||||||||||||||||
own
agricultural, horticultural or livestock raising | ||||||||||||||||
operations and
not-for-hire only, or any truck used only in the | ||||||||||||||||
transportation for-hire
of seasonal, fresh, perishable fruit | ||||||||||||||||
or vegetables from farm to the
point of first processing,
may | ||||||||||||||||
be registered by the owner under this paragraph in lieu of
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registration under paragraph (a), upon filing of a proper | ||||||||||||||||
application
and the payment of the $10 registration fee and the | ||||||||||||||||
highway use tax
herein specified as follows:
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SCHEDULE OF FEES AND TAXES
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In the event the Secretary of State revokes a farm truck | |||||||||||||||||||||||||||||||||||
registration
as authorized by law, the owner shall pay the flat | |||||||||||||||||||||||||||||||||||
weight tax due
hereunder before operating such truck.
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Any combination of vehicles having 5 axles, with a distance | |||||||||||||||||||||||||||||||||||
of 42 feet or
less between extreme axles, that are subject to | |||||||||||||||||||||||||||||||||||
the weight limitations in
subsection (a) and (b) of Section | |||||||||||||||||||||||||||||||||||
15-111 for which the owner of the combination
of
vehicles has | |||||||||||||||||||||||||||||||||||
elected to pay, in addition to the registration fee in | |||||||||||||||||||||||||||||||||||
subsection
(c), $125 to the Secretary of State for each | |||||||||||||||||||||||||||||||||||
registration year
shall be designated by the Secretary as a | |||||||||||||||||||||||||||||||||||
Special Hauling Vehicle.
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(d) The number of axles necessary to carry the maximum load | |||||||||||||||||||||||||||||||||||
provided
shall be determined from Chapter 15 of this Code.
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(e) An owner may only apply for and receive 5 farm truck
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registrations, and only 2 of those 5 vehicles shall exceed |
59,500 gross
weight in pounds per vehicle.
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(f) Every person convicted of violating this Section by | |||||||
failure to pay
the appropriate flat weight tax to the Secretary | |||||||
of State as set forth in
the above tables shall be punished as | |||||||
provided for in Section 3-401.
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(Source: P.A. 95-1009, eff. 12-15-08; 96-34, eff. 7-13-09.)
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(625 ILCS 5/3-818) (from Ch. 95 1/2, par. 3-818)
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Sec. 3-818. (a) Mileage weight tax option. Any owner of a | |||||||
vehicle of
the second division may elect to pay a mileage | |||||||
weight tax for such vehicle
in lieu of the flat weight tax set | |||||||
out in Section 3-815. Such election
shall be binding to the end | |||||||
of the registration year. Renewal of this
election must be | |||||||
filed with the Secretary of State on or before July 1
of each | |||||||
registration period. In such event the owner shall, at the time
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of making such election, pay the $10 registration fee and the | |||||||
minimum
guaranteed mileage weight tax, as hereinafter | |||||||
provided, which payment
shall permit the owner to operate that | |||||||
vehicle the maximum mileage in
this State hereinafter set | |||||||
forth. Any vehicle being operated on
mileage plates cannot be | |||||||
operated outside of this State. In addition
thereto, the owner | |||||||
of that vehicle shall pay a mileage weight tax at the
following | |||||||
rates for each mile traveled in this State in excess of the
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maximum mileage provided under the minimum guaranteed basis:
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BUS, TRUCK OR TRUCK TRACTOR
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TRAILER
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(a-1) A Special Hauling Vehicle is a vehicle or combination | |||||||||||||||||||||||||||
of vehicles of
the second
division registered under Section | |||||||||||||||||||||||||||
3-813 transporting asphalt or concrete in the
plastic state or | |||||||||||||||||||||||||||
a vehicle or combination of vehicles that are subject to the
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gross weight limitations in subsection (a) (b) of Section | |||||||||||||||||||||||||||
15-111 for which the
owner of the
vehicle or combination of | |||||||||||||||||||||||||||
vehicles has elected to pay, in addition to the
registration | |||||||||||||||||||||||||||
fee in subsection (a), $125 to the Secretary of State
for each
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registration year. The Secretary shall designate this class of | |||||||||||||||||||||||||||
vehicle as
a Special Hauling Vehicle.
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In preparing rate schedules on registration applications, | |||||||||||||||||||||||||||
the Secretary
of State shall add to the above rates, the $10 | |||||||||||||||||||||||||||
registration fee. The
Secretary may decline to accept any | |||||||||||||||||||||||||||
renewal filed after July 1st.
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The number of axles necessary to carry the maximum load | |||||||||||||||||||||||||||
provided
shall be determined from Chapter 15 of this Code.
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Every owner of a second division motor vehicle for which he | |||||||||||||||||||||||||||
has
elected to pay a mileage weight tax shall keep a daily | |||||||||||||||||||||||||||
record upon forms
prescribed by the Secretary of State, showing | |||||||||||||||||||||||||||
the mileage covered by
that vehicle in this State. Such record | |||||||||||||||||||||||||||
shall contain the license number
of the vehicle and the miles |
traveled by the vehicle in this State for
each day of the | ||
calendar month. Such owner shall also maintain records
of fuel | ||
consumed by each such motor vehicle and fuel purchases | ||
therefor.
On or before the 10th day of July the owner
shall | ||
certify to the Secretary of State upon forms prescribed | ||
therefor,
summaries of his daily records which shall show the | ||
miles traveled by
the vehicle in this State during the | ||
preceding 12 months and such other
information as the Secretary | ||
of State may require. The daily record and
fuel records shall | ||
be filed, preserved and available for audit for a
period of 3 | ||
years. Any owner filing a return hereunder shall certify
that | ||
such return is a true, correct and complete return. Any person | ||
who
willfully makes a false return hereunder is guilty of | ||
perjury and shall
be punished in the same manner and to the | ||
same extent as is provided
therefor.
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At the time of filing his return, each owner shall pay to | ||
the
Secretary of State the proper amount of tax at the rate | ||
herein imposed.
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Every owner of a vehicle of the second division who elects | ||
to pay on
a mileage weight tax basis and who operates the | ||
vehicle within this
State, shall file with the Secretary of | ||
State a bond in the amount of
$500. The bond shall be in a form | ||
approved by the Secretary of State and with
a surety company
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approved by the Illinois Department of Insurance to transact
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business in this State as surety, and shall be conditioned upon | ||
such
applicant's paying to the State of Illinois all money |
becoming
due by
reason of the operation of the second division | ||
vehicle in this State,
together with all penalties and interest | ||
thereon.
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Upon notice from the Secretary that the registrant has | ||
failed to pay the
excess mileage fees, the surety shall | ||
immediately pay the fees together with
any penalties and | ||
interest thereon in an amount not to exceed the limits of the
| ||
bond.
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(Source: P.A. 94-239, eff. 1-1-06.)
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(625 ILCS 5/12-202) (from Ch. 95 1/2, par. 12-202)
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Sec. 12-202. Clearance, identification and side marker | ||
lamps.
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(a) Second division vehicles with a GVWR over 10,000 pounds | ||
Every motor vehicle of the second division , the length of which
| ||
together with any trailer or trailers in tow thereof, is more | ||
than 25 feet
or the width of which is more than 80 inches | ||
exclusive of mirrors, bumpers
and other required safety | ||
devices, while being operated on the highways of
this State | ||
during the period from sunset to sunrise, shall display on the
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front of the vehicle 2 yellow or amber lights, one on each | ||
upper front
corner of the vehicle, which shall be plainly | ||
visible at a distance of at
least 500 feet; also on the rear | ||
thereof in a horizontal line, 3 red lights
plainly visible at a | ||
distance of not less than 500 feet; also on the front
of the | ||
body of that vehicle near the lower left hand corner one yellow |
or
amber tinted reflector, and near the lower right hand corner | ||
one yellow or
amber tinted reflector; also red reflectors on | ||
the rear of the body of that
vehicle, not more than 12 inches | ||
from the lower left and right hand
corners. All motor vehicles | ||
of the second division more than 20 feet long,
and all trailers | ||
and semitrailers, except trailers and semitrailers having
a | ||
gross weight of 3,000 pounds or less including the weight of | ||
the trailer
and maximum load, while being operated on the | ||
highways of this State during
the period from sunset to | ||
sunrise, shall display on each side of the
vehicle at | ||
approximately the one-third points of the length of the same, | ||
at
a height not exceeding 5 feet above the surface of the road, | ||
and reflecting
on a line approximately at right angles to the | ||
center line of the vehicle,
2 amber tinted reflectors. After | ||
January, 1974, all new motor vehicles of
the second division | ||
more than 20 feet long, and all trailers and
semitrailers | ||
except trailers and semitrailers having a gross weight of
3,000 | ||
pounds or less including the weight of the trailer and maximum | ||
load
sold as new in this State, while being operated on the | ||
highways of this
State during period from sunset to sunrise, | ||
shall display on each side of
the vehicle, not more than 12 | ||
inches from the front, one amber tinted
reflector, and not more | ||
than 12 inches from the rear one red reflector at a
height not | ||
exceeding 5 feet above the surface of the road, and reflecting
| ||
on a line approximately at right angles to the center line of | ||
the vehicle,
approved by the Department.
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(b) Every trailer and semitrailer having a gross weight of | ||
3,000 pounds
or less including the weight of the trailer and | ||
maximum load, towed either
by a motor vehicle of the first | ||
division or a motor vehicle of the second
division shall be | ||
equipped with 2 red reflectors, which will be visible
when hit | ||
by headlight beams 300 feet away at night, on the rear of the | ||
body
of such trailer, not more than 12 inches from the lower | ||
left hand and lower
right hand corners.
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(c) Every vehicle designated in paragraph (a) or (b) of | ||
this Section
that is manufactured after December 31, 1973, | ||
shall, at the places and
times specified in paragraph (a) or | ||
(b) of this Section, display reflectors
and clearance, | ||
identification, and side marker lamps in conformance with
the | ||
specifications prescribed by the Department.
| ||
(Source: P.A. 78-1297.)
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(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
| ||
Sec. 15-111. Wheel and axle loads and gross weights.
| ||
(a) No On non-designated highways, no vehicle or | ||
combination of vehicles
equipped
with pneumatic tires may be | ||
operated, unladen or with load,
when the total weight on | ||
transmitted to the road surface
exceeds the following: 20,000 | ||
pounds on a single axle ; or 34,000 pounds on a tandem axle with
| ||
no axle within the tandem exceeding 20,000 pounds ; except:
| ||
(1) when a different limit is established and posted in | ||
accordance with
Section 15-316 of this Code;
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(2) vehicles for which the Department of | ||
Transportation and local
authorities issue overweight
| ||
permits under authority of Section 15-301 of this Code;
| ||
(3) tow trucks subject to the conditions provided in | ||
subsection (d)
may not exceed 24,000 pounds on a single | ||
rear axle or 44,000 pounds on a tandem
rear axle;
| ||
(4) any single axle of a 2-axle truck weighing 36,000 | ||
pounds or
less and not a part of a combination of vehicles, | ||
shall not exceed 20,000
pounds;
| ||
(5) any single axle of a 2-axle truck equipped with a | ||
personnel
lift or digger derrick, weighing 36,000 pounds or | ||
less, owned and operated by a
public utility, shall not | ||
exceed 20,000 pounds;
| ||
(6) any single axle of a 2-axle truck specially | ||
equipped with a front
loading compactor used exclusively | ||
for garbage, refuse, or recycling may not
exceed 20,000 | ||
pounds per axle, provided that the gross weight of the | ||
vehicle
does not exceed 40,000 pounds;
| ||
(7) a truck, not in combination and specially equipped | ||
with a
selfcompactor or an industrial roll-off hoist and | ||
roll-off container, used
exclusively for garbage or refuse | ||
operations may, when laden, transmit upon the
road surface | ||
the following maximum
weights: 22,000 pounds on a single | ||
axle; 40,000 pounds on a tandem axle;
| ||
(8) a truck, not in combination and used exclusively | ||
for the collection of
rendering materials,
may, when laden, |
transmit upon the road surface the
following maximum | ||
weights:
22,000 pounds on a single axle; 40,000 pounds on a | ||
tandem axle;
| ||
(9) tandem axles on a 3-axle truck registered as a | ||
Special Hauling
Vehicle, manufactured prior to or in the | ||
model year of 2014 and
first
registered in Illinois prior | ||
to January 1, 2015, with a distance
greater than
72 inches | ||
but not more than 96 inches between any series of 2 axles, | ||
is
allowed a combined weight on the series not to exceed | ||
36,000 pounds and neither
axle of the series may exceed | ||
20,000 pounds. Any vehicle of this type
manufactured
after | ||
the model year of 2014 or first registered in Illinois | ||
after
December 31,
2014 may not exceed a combined weight of | ||
34,000 pounds through the
series of
2 axles and neither | ||
axle of the series may exceed 20,000 pounds;
| ||
(10) a 4-axle truck mixer
registered as a Special | ||
Hauling Vehicle, used
exclusively for the mixing and | ||
transportation of concrete in the plastic state and | ||
manufactured
prior to or in the model year of 2014 and | ||
first registered in
Illinois prior to
January 1, 2015, is | ||
allowed the following maximum weights: 20,000 pounds on any | ||
single axle; 36,000 pounds on any series of 2 axles greater | ||
than 72 inches but not more than 96 inches; and 34,000 | ||
pounds on any series of 2 axles greater than 40 inches but | ||
not more than 72 inches;
| ||
(11) 4-axle vehicles or a 5 or more axle combination of |
vehicles: The
weight
transmitted upon the road surface | ||
through any series of 3 axles whose centers
are
more than | ||
96 inches apart, measured between extreme axles in the | ||
series, may
not exceed those allowed in the table contained | ||
in subsection (f) of this
Section. No axle or tandem axle | ||
of the series may exceed the maximum weight
permitted under | ||
this Section for a single or tandem axle.
| ||
No vehicle or combination of vehicles equipped with other | ||
than pneumatic
tires may be operated, unladen or with load, | ||
upon the highways of this State
when the gross weight on the | ||
road surface through any wheel exceeds 800
pounds per inch | ||
width of tire tread or when the gross weight on the road
| ||
surface through any axle exceeds 16,000 pounds.
| ||
(b) On non-designated highways, the gross weight of | ||
vehicles and
combination of vehicles including
the weight of | ||
the vehicle or combination and its maximum load shall be
| ||
subject to the federal bridge formula provided in subsection | ||
(f) of this Section.
| ||
VEHICLES OPERATING ON CRAWLER TYPE TRACKS 40,000 pounds
| ||
TRUCKS EQUIPPED WITH SELFCOMPACTORS
| ||
OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE,
| ||
REFUSE, OR RECYCLING HAULS ONLY AND TRUCKS USED FOR
| ||
THE COLLECTION OF RENDERING MATERIALS
| ||
On Highway Not Part of National System
|
of Interstate and Defense Highways
| ||
with 2 axles 36,000 pounds
| ||
with 3 axles 54,000 pounds
| ||
TWO AXLE TRUCKS EQUIPPED WITH
| ||
A FRONT LOADING COMPACTOR USED EXCLUSIVELY
| ||
FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
| ||
with 2 axles 40,000 pounds
| ||
A 4-axle truck mixer registered as a Special Hauling | ||
Vehicle, used exclusively for mixing and transportation of | ||
concrete in the plastic state, manufactured before or in the | ||
model year of 2014, and first registered in Illinois before | ||
January 1, 2015, is allowed a maximum gross weight listed in | ||
the table of subsection (f) of this Section for 4 axles. This | ||
vehicle, while loaded with concrete in the plastic state, is | ||
not subject to the series of 3 axles requirement provided for | ||
in subdivision (a)(11) of this Section, but no axle or tandem | ||
axle of the series may exceed the maximum weight permitted | ||
under subdivision (a)(10) of this Section. | ||
(b-1) As used in this Section, a "recycling haul" or | ||
"recycling operation" means the hauling of segregated, | ||
non-hazardous, non-special, homogeneous non-putrescible | ||
materials, such as paper, glass, cans, or plastic, for | ||
subsequent use in the secondary materials market.
| ||
(c) Cities having a population of more than 50,000 may |
permit by
ordinance axle loads on 2 axle motor vehicles 33 1/2% | ||
above those
provided for herein, but the increase shall not | ||
become effective until the
city has officially notified the | ||
Department of the passage of the
ordinance and shall not apply | ||
to those vehicles when outside of the limits
of the city, nor | ||
shall the gross weight of any 2 axle motor vehicle
operating | ||
over any street of the city exceed 40,000 pounds.
| ||
(d) Weight limitations shall not apply to vehicles | ||
(including loads)
operated by a public utility when | ||
transporting equipment required for
emergency repair of public | ||
utility facilities or properties or water wells.
| ||
A combination of vehicles, including a tow truck and a | ||
disabled vehicle
or disabled combination of vehicles, that | ||
exceeds the weight restriction
imposed by this Code, may be | ||
operated on a public highway in this State
provided that | ||
neither the disabled vehicle nor any vehicle being towed nor
| ||
the tow truck itself shall exceed the weight limitations | ||
permitted
under this Chapter. During the towing operation, | ||
neither the tow truck nor
the vehicle combination shall exceed
| ||
24,000 pounds on a single
rear axle and
44,000 pounds on a | ||
tandem rear axle, provided the towing vehicle:
| ||
(1) is specifically designed as a tow truck having a | ||
gross vehicle
weight
rating of at least 18,000 pounds and | ||
is equipped with air brakes, provided that
air
brakes are | ||
required only if the towing vehicle is towing a vehicle,
| ||
semitrailer, or tractor-trailer combination that is |
equipped with air brakes;
| ||
(2) is equipped with flashing, rotating, or | ||
oscillating amber lights,
visible for at least 500 feet in | ||
all directions;
| ||
(3) is capable of utilizing the lighting and braking | ||
systems of the
disabled vehicle or combination of vehicles; | ||
and
| ||
(4) does not engage in a tow exceeding 20 miles from | ||
the initial point of
wreck or disablement. Any additional | ||
movement of the vehicles may occur only
upon issuance of | ||
authorization for that movement under the provisions of
| ||
Sections 15-301 through 15-319 of this Code. The towing | ||
vehicle, however,
may tow any disabled vehicle from the
| ||
initial point of wreck or disablement to a point where | ||
repairs are actually to
occur. This movement shall be valid | ||
only on State routes.
The tower must abide by posted bridge | ||
weight
limits.
| ||
Gross weight limits shall not apply to the combination of | ||
the tow truck
and vehicles being towed. The tow truck license | ||
plate must cover the
operating empty weight of the tow truck | ||
only. The weight
of each vehicle being towed shall be covered | ||
by a valid license plate issued to
the owner or operator of the | ||
vehicle being towed and displayed on that vehicle.
If no valid | ||
plate issued to the owner or operator of that vehicle is | ||
displayed
on that vehicle, or the plate displayed on that | ||
vehicle does not cover the
weight of the vehicle, the weight of |
the vehicle shall be covered by
the third tow truck plate | ||
issued to the owner or operator of the tow truck and
| ||
temporarily affixed to the vehicle being towed. If a roll-back | ||
carrier is registered and being used as a tow truck, however, | ||
the license plate or plates for the tow truck must cover the | ||
gross vehicle weight, including any load carried on the bed of | ||
the roll-back carrier.
| ||
The Department may by rule or regulation prescribe | ||
additional requirements.
However, nothing in this Code shall | ||
prohibit a tow truck under
instructions of a police officer | ||
from legally clearing a disabled vehicle,
that may be in | ||
violation of weight limitations of this Chapter, from the
| ||
roadway to the berm or shoulder of the highway.
If in the | ||
opinion of the police officer that location is unsafe, the | ||
officer
is authorized to have the disabled vehicle towed to the | ||
nearest place of
safety.
| ||
For the purpose of this subsection, gross vehicle weight | ||
rating, or
GVWR, shall mean the value specified by the | ||
manufacturer as the loaded
weight of the tow truck.
| ||
(e) No vehicle or combination of vehicles equipped with | ||
pneumatic tires
shall be operated, unladen or with load, upon | ||
the highways of this State in
violation of the provisions of | ||
any permit issued under the provisions of
Sections 15-301 | ||
through 15-319 of this Chapter.
| ||
(f) No vehicle or combination of vehicles with
pneumatic tires | ||
may be operated, unladen or with load,
when the total weight on |
the road surface
exceeds the following: 20,000 pounds on a | ||||||||||||||||||||||||||
single axle; 34,000 pounds on a
tandem axle with no axle within | ||||||||||||||||||||||||||
the tandem exceeding 20,000 pounds; 80,000
pounds gross weight | ||||||||||||||||||||||||||
for vehicle combinations of 5 or more axles;
or a total weight | ||||||||||||||||||||||||||
on a group of 2 or more consecutive axles in excess of that
| ||||||||||||||||||||||||||
weight produced by the application of the following formula: W | ||||||||||||||||||||||||||
= 500 times the
sum of (LN divided by N-1) + 12N + 36, where "W" | ||||||||||||||||||||||||||
equals overall total weight on
any group of 2 or more | ||||||||||||||||||||||||||
consecutive axles to the nearest 500 pounds, "L" equals
the
| ||||||||||||||||||||||||||
distance measured to the nearest foot between extremes of any | ||||||||||||||||||||||||||
group of 2 or
more consecutive axles, and "N" equals the number | ||||||||||||||||||||||||||
of axles in the group under
consideration.
| ||||||||||||||||||||||||||
The above formula when expressed in tabular form results in | ||||||||||||||||||||||||||
allowable loads
as follows:
| ||||||||||||||||||||||||||
Distance measured
| ||||||||||||||||||||||||||
to the nearest
| ||||||||||||||||||||||||||
foot between the
| ||||||||||||||||||||||||||
extremes of any Maximum weight in pounds
| ||||||||||||||||||||||||||
group of 2 or of any group of
| ||||||||||||||||||||||||||
more consecutive 2 or more consecutive axles
| ||||||||||||||||||||||||||
axles
| ||||||||||||||||||||||||||
|
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
*If the distance between 2 axles is 96 inches or less, the 2 |
axles are
tandem axles and the maximum total weight may not | ||
exceed 34,000 pounds,
notwithstanding the higher limit | ||
resulting from the application of the formula.
| ||
Vehicles not in a combination having more than 4 axles may | ||
not exceed the
weight in the table in this subsection (a) (f) | ||
for 4 axles measured between the
extreme axles of the
vehicle.
| ||
Vehicles in a combination having more than 6 axles may not | ||
exceed the weight
in the table in this subsection (a) (f) for 6 | ||
axles measured between the extreme
axles of the
combination.
| ||
Local authorities, with respect
to streets and highways | ||
under their jurisdiction, without additional
fees, may also by | ||
ordinance or resolution allow the weight limitations of this
| ||
subsection, provided the maximum gross weight on any one axle | ||
shall not exceed
20,000 pounds and the maximum total weight on | ||
any tandem axle
shall not exceed
34,000 pounds, on designated | ||
highways when appropriate regulatory signs giving
notice are | ||
erected upon the street or highway or portion of any street or
| ||
highway affected by the ordinance or resolution.
| ||
The following are exceptions to the above formula:
| ||
(1) Vehicles for which a different limit is established | ||
and posted in
accordance with Section 15-316 of this Code | ||
Two consecutive sets of tandem axles may carry a total | ||
weight of
34,000
pounds each if the overall distance | ||
between the first and last axles of the
consecutive sets of | ||
tandem axles is 36 feet or more .
| ||
(2) Vehicles for which the Department of |
Transportation and local
authorities issue overweight
| ||
permits under authority of Section 15-301 of this Code. | ||
These vehicles are
not subject
to the bridge formula | ||
Vehicles for which a different limit is established and | ||
posted in
accordance with Section 15-316 of this Code .
| ||
(3) Cities having a population of more than 50,000 may | ||
permit by
ordinance axle loads on 2 axle motor vehicles 33 | ||
1/2% above those
provided for herein, but the increase | ||
shall not become effective until the
city has officially | ||
notified the Department of the passage of the
ordinance and | ||
shall not apply to those vehicles when outside of the | ||
limits
of the city, nor shall the gross weight of any 2 | ||
axle motor vehicle
operating over any street of the city | ||
exceed 40,000 pounds Vehicles for which the Department of | ||
Transportation and local
authorities issue overweight
| ||
permits under authority of Section 15-301 of this Code. | ||
These vehicles are
not subject
to the bridge formula .
| ||
(4) Weight limitations shall not apply to vehicles | ||
(including loads)
operated by a public utility when | ||
transporting equipment required for
emergency repair of | ||
public utility facilities or properties or water wells Tow | ||
trucks subject to the conditions provided in subsection (d)
| ||
may not exceed 24,000 pounds on a single rear axle or | ||
44,000 pounds on a tandem
rear axle .
| ||
(5) Two consecutive sets of tandem axles may carry a | ||
total weight of
34,000
pounds each if the overall distance |
between the first and last axles of the
consecutive sets of | ||
tandem axles is 36 feet or more, notwithstanding the lower | ||
limit resulting from the application of the above formula A | ||
tandem axle on a 3-axle truck registered as a Special | ||
Hauling
Vehicle, manufactured prior to or in the model year | ||
of 2014, and
registered in Illinois prior to January 1, | ||
2015, with a distance
between 2
axles
in a series greater | ||
than 72 inches but not more than 96 inches may not exceed
a | ||
total weight of 36,000 pounds and neither axle of the | ||
series may exceed 20,000
pounds .
| ||
(6) A truck, not in combination and used exclusively | ||
for the collection of
rendering materials,
may, when laden, | ||
transmit upon the road surface,
except when on part of the | ||
National System of Interstate and Defense
Highways, the
| ||
following maximum weights:
22,000 pounds on a single axle; | ||
40,000 pounds on a tandem axle A truck not in combination, | ||
equipped with a self compactor or an
industrial roll-off | ||
hoist and roll-off container, used exclusively for | ||
garbage,
refuse, or recycling operations, may, when laden, | ||
transmit upon the road surface,
except when on part of the | ||
National System of Interstate and Defense
Highways, the | ||
following maximum weights: 22,000 pounds on a
single axle; | ||
40,000 pounds on a tandem axle; 36,000 pounds gross weight | ||
on a
2-axle vehicle; 54,000 pounds gross weight on a 3-axle | ||
vehicle.
This vehicle is not subject to the bridge formula .
| ||
(7) A truck not in combination, equipped with a self |
compactor or an
industrial roll-off hoist and roll-off | ||
container, used exclusively for garbage,
refuse, or | ||
recycling operations, may, when laden, transmit upon the | ||
road surface,
except when on part of the National System of | ||
Interstate and Defense
Highways, the following maximum | ||
weights: 22,000 pounds on a
single axle; 40,000 pounds on a | ||
tandem axle; 40,000 pounds gross weight on a
2-axle | ||
vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
| ||
This vehicle is not subject to the bridge formula | ||
Combinations of vehicles, registered as Special Hauling | ||
Vehicles that
include a semitrailer manufactured prior to | ||
or in the model year of 2014, and
registered in Illinois | ||
prior to January 1, 2015, having 5 axles
with a
distance of | ||
42 feet or less between extreme axles, may not exceed the
| ||
following maximum weights: 20,000 pounds on a single axle; | ||
34,000 pounds on a
tandem axle; and 72,000 pounds gross | ||
weight. This combination of vehicles is
not subject
to the | ||
bridge formula. For all those combinations of vehicles that | ||
include a
semitrailer manufactured after the effective | ||
date of this amendatory Act of
the 92nd General Assembly, | ||
the overall distance between the first and last
axles of | ||
the 2 sets of
tandems must be 18 feet 6 inches or
more. Any | ||
combination of vehicles that has had its cargo
container | ||
replaced in its entirety after December 31, 2014 may not
| ||
exceed
the weights allowed by the bridge formula .
| ||
(8) Tandem axles on a 3-axle truck registered as a |
Special Hauling
Vehicle, manufactured prior to or in the | ||
model year of 2014 and
first
registered in Illinois prior | ||
to January 1, 2015, with a distance
greater than
72 inches | ||
but not more than 96 inches between any series of 2 axles, | ||
is
allowed a combined weight on the series not to exceed | ||
36,000 pounds and neither
axle of the series may exceed | ||
20,000 pounds. Any vehicle of this type
manufactured
after | ||
the model year of 2014 or first registered in Illinois | ||
after
December 31,
2014 may not exceed a combined weight of | ||
34,000 pounds through the
series of
2 axles and neither | ||
axle of the series may exceed 20,000 pounds A 4-axle truck | ||
mixer registered as a Special Hauling Vehicle, used | ||
exclusively for the mixing and transportation of concrete | ||
in the plastic state, manufactured before or in the model | ||
year of 2014, first registered in Illinois before January | ||
1, 2015, and not operated on a highway that is part of the | ||
National System of Interstate Highways, is allowed the | ||
following maximum weights: 20,000 pounds on any single | ||
axle; 36,000 pounds on a series of axles greater than 72 | ||
inches but not more than 96 inches; and 34,000 pounds on | ||
any series of 2 axles greater than 40 inches but not more | ||
than 72 inches. The gross weight of this vehicle may not | ||
exceed the weights allowed by the bridge formula for 4 | ||
axles. The bridge formula does not apply to any series of 3 | ||
axles while the vehicle is transporting concrete in the | ||
plastic state, but no axle or tandem axle of the series may |
exceed the maximum weight permitted under this subsection | ||
(f) . | ||
(9) A 4-axle truck mixer registered as a Special | ||
Hauling Vehicle, used exclusively for the mixing and | ||
transportation of concrete in the plastic state, | ||
manufactured before or in the model year of 2014, first | ||
registered in Illinois before January 1, 2015, and not | ||
operated on a highway that is part of the National System | ||
of Interstate Highways, is allowed the following maximum | ||
weights: 20,000 pounds on any single axle; 36,000 pounds on | ||
a series of axles greater than 72 inches but not more than | ||
96 inches; and 34,000 pounds on any series of 2 axles | ||
greater than 40 inches but not more than 72 inches. The | ||
gross weight of this vehicle may not exceed the weights | ||
allowed by the bridge formula for 4 axles. The bridge | ||
formula does not apply to any series of 3 axles while the | ||
vehicle is transporting concrete in the plastic state, but | ||
no axle or tandem axle of the series may exceed the maximum | ||
weight permitted under this paragraph (9) of subsection | ||
(a). | ||
(10) Combinations of vehicles, registered as Special | ||
Hauling Vehicles that
include a semitrailer manufactured | ||
prior to or in the model year of 2014, and
registered in | ||
Illinois prior to January 1, 2015, having 5 axles
with a
| ||
distance of 42 feet or less between extreme axles, may not | ||
exceed the
following maximum weights: 20,000 pounds on a |
single axle; 34,000 pounds on a
tandem axle; and 72,000 | ||
pounds gross weight. This combination of vehicles is
not | ||
subject
to the bridge formula. For all those combinations | ||
of vehicles that include a
semitrailer manufactured after | ||
the effective date of P.A. 92-0417, the overall distance | ||
between the first and last
axles of the 2 sets of
tandems | ||
must be 18 feet 6 inches or
more. Any combination of | ||
vehicles that has had its cargo
container replaced in its | ||
entirety after December 31, 2014 may not
exceed
the weights | ||
allowed by the bridge formula. | ||
(11) The maximum weight allowed on a vehicle with | ||
crawler type tracks is 40,000 pounds. | ||
(12) A combination of vehicles, including a tow truck | ||
and a disabled vehicle
or disabled combination of vehicles, | ||
that exceeds the weight restriction
imposed by this Code, | ||
may be operated on a public highway in this State
provided | ||
that neither the disabled vehicle nor any vehicle being | ||
towed nor
the tow truck itself shall exceed the weight | ||
limitations permitted
under this Chapter. During the | ||
towing operation, neither the tow truck nor
the vehicle | ||
combination shall exceed
24,000 pounds on a single
rear | ||
axle and
44,000 pounds on a tandem rear axle, provided the | ||
towing vehicle: | ||
(i) is specifically designed as a tow truck having | ||
a gross vehicle
weight
rating of at least 18,000 pounds | ||
and is equipped with air brakes, provided that
air
|
brakes are required only if the towing vehicle is | ||
towing a vehicle,
semitrailer, or tractor-trailer | ||
combination that is equipped with air brakes; | ||
(ii) is equipped with flashing, rotating, or | ||
oscillating amber lights,
visible for at least 500 feet | ||
in all directions; | ||
(iii) is capable of utilizing the lighting and | ||
braking systems of the
disabled vehicle or combination | ||
of vehicles; and | ||
(iv) does not engage in a tow exceeding 20 miles | ||
from the initial point of
wreck or disablement. Any | ||
additional movement of the vehicles may occur only
upon | ||
issuance of authorization for that movement under the | ||
provisions of
Sections 15-301 through 15-319 of this | ||
Code. The towing vehicle, however,
may tow any disabled | ||
vehicle to a point where repairs are actually to
occur. | ||
This movement shall be valid only on State routes.
The | ||
tower must abide by posted bridge weight
limits. | ||
Gross weight limits shall not apply to the combination of | ||
the tow truck
and vehicles being towed. The tow truck license | ||
plate must cover the
operating empty weight of the tow truck | ||
only. The weight
of each vehicle being towed shall be covered | ||
by a valid license plate issued to
the owner or operator of the | ||
vehicle being towed and displayed on that vehicle.
If no valid | ||
plate issued to the owner or operator of that vehicle is | ||
displayed
on that vehicle, or the plate displayed on that |
vehicle does not cover the
weight of the vehicle, the weight of | ||
the vehicle shall be covered by
the third tow truck plate | ||
issued to the owner or operator of the tow truck and
| ||
temporarily affixed to the vehicle being towed. If a roll-back | ||
carrier is registered and being used as a tow truck, however, | ||
the license plate or plates for the tow truck must cover the | ||
gross vehicle weight, including any load carried on the bed of | ||
the roll-back carrier. | ||
The Department may by rule or regulation prescribe | ||
additional requirements.
However, nothing in this Code shall | ||
prohibit a tow truck under
instructions of a police officer | ||
from legally clearing a disabled vehicle,
that may be in | ||
violation of weight limitations of this Chapter, from the
| ||
roadway to the berm or shoulder of the highway.
If in the | ||
opinion of the police officer that location is unsafe, the | ||
officer
is authorized to have the disabled vehicle towed to the | ||
nearest place of
safety. | ||
For the purpose of this subsection, gross vehicle weight | ||
rating, or
GVWR, means the value specified by the manufacturer | ||
as the loaded
weight of the tow truck. | ||
(b) As used in this Section, "recycling haul" or "recycling | ||
operation" means the hauling of non-hazardous, non-special, | ||
non-putrescible materials, such as paper, glass, cans, or | ||
plastic, for subsequent use in the secondary materials market. | ||
(c) No vehicle or combination of vehicles equipped with | ||
pneumatic tires
shall be operated, unladen or with load, upon |
the highways of this State in
violation of the provisions of | ||
any permit issued under the provisions of
Sections 15-301 | ||
through 15-319 of this Chapter. | ||
(d) No vehicle or combination of vehicles equipped with | ||
other than pneumatic
tires may be operated, unladen or with | ||
load, upon the highways of this State
when the gross weight on | ||
the road surface through any wheel exceeds 800
pounds per inch | ||
width of tire tread or when the gross weight on the road
| ||
surface through any axle exceeds 16,000 pounds.
| ||
(e) No person shall operate a vehicle or combination of | ||
vehicles over
a bridge or other elevated structure constituting | ||
part of a highway with a
gross weight that is greater than the | ||
maximum weight permitted by the
Department, when the structure | ||
is sign posted as provided in this Section. | ||
(f) The Department upon request from any local authority | ||
shall, or upon
its own initiative may, conduct an investigation | ||
of any bridge or other
elevated structure constituting a part | ||
of a highway, and if it finds that
the structure cannot with | ||
safety to itself withstand the weight of vehicles
otherwise | ||
permissible under this Code the Department shall determine and
| ||
declare the maximum weight of vehicles that the structures can | ||
withstand,
and shall cause or permit suitable signs stating | ||
maximum weight to be
erected and maintained before each end of | ||
the structure. No person shall
operate a vehicle or combination | ||
of vehicles over any structure with a
gross weight that is | ||
greater than the posted maximum weight. |
(f-1) A vehicle and load not exceeding 80,000 pounds is | ||
allowed travel on non-designated highways so long as there is | ||
no sign prohibiting that access.
| ||
(g) Upon the trial of any person charged with a violation | ||
of subsection
(e) or (f) of this Section, proof of the | ||
determination of the maximum
allowable weight by the Department | ||
and the existence of the signs,
constitutes conclusive evidence | ||
of the maximum weight that can be
maintained with safety to the | ||
bridge or structure No person shall operate a vehicle or | ||
combination of vehicles over
a bridge or other elevated | ||
structure constituting part of a highway with a
gross weight | ||
that is greater than the maximum weight permitted by the
| ||
Department, when the structure is sign posted as provided in | ||
this Section .
| ||
(h) The Department upon request from any local authority | ||
shall, or upon
its own initiative may, conduct an investigation | ||
of any bridge or other
elevated structure constituting a part | ||
of a highway, and if it finds that
the structure cannot with | ||
safety to itself withstand the weight of vehicles
otherwise | ||
permissible under this Code the Department shall determine and
| ||
declare the maximum weight of vehicles that the structures can | ||
withstand,
and shall cause or permit suitable signs stating | ||
maximum weight to be
erected and maintained before each end of | ||
the structure. No person shall
operate a vehicle or combination | ||
of vehicles over any structure with a
gross weight that is | ||
greater than the posted maximum weight.
|
(i) Upon the trial of any person charged with a violation | ||
of subsections
(g) or (h) of this Section, proof of the | ||
determination of the maximum
allowable weight by the Department | ||
and the existence of the signs,
constitutes conclusive evidence | ||
of the maximum weight that can be
maintained with safety to the | ||
bridge or structure.
| ||
(Source: P.A. 95-51, eff. 1-1-08; 96-34, eff. 1-1-10; 96-37, | ||
eff. 7-13-09.)
| ||
(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
| ||
Sec. 15-112. Officers to weigh vehicles and require removal | ||
of excess loads.
| ||
(a) Any police officer having reason to believe that the | ||
weight of a
vehicle and load is unlawful shall require the | ||
driver to stop and submit
to a weighing of the same either by | ||
means of a portable or stationary
scales that have been tested | ||
and approved at a frequency prescribed by the
Illinois | ||
Department of Agriculture, or for those scales operated by the | ||
State,
when such tests are requested
by
the
Department of State | ||
Police, whichever is more frequent.
If such scales are not | ||
available at the
place where such vehicle
is stopped, the | ||
police officer shall require that such vehicle be driven
to the | ||
nearest available scale that has been tested and approved | ||
pursuant to
this Section
by the
Illinois Department of | ||
Agriculture. Notwithstanding any provisions of the
Weights and | ||
Measures Act or the United States Department of Commerce NIST
|
handbook 44, multi or single draft weighing is an acceptable | ||
method of weighing
by law enforcement for determining a | ||
violation of Chapter 3 or 15 of this Code.
Law enforcement is | ||
exempt from the requirements of commercial weighing
| ||
established in NIST handbook 44.
| ||
Within 18 months after the effective date of this
| ||
amendatory Act of the 91st General Assembly, all municipal and | ||
county
officers,
technicians, and employees who set up and | ||
operate portable scales for wheel
load or axle load or both and | ||
issue citations based
on the use
of portable scales for wheel | ||
load or axle load or both
and who have not successfully | ||
completed initial classroom and field training
regarding the | ||
set up and operation of portable scales, shall attend and
| ||
successfully complete
initial classroom and field training | ||
administered by the Illinois Law
Enforcement
Training | ||
Standards Board.
| ||
(b) Whenever an officer, upon weighing a vehicle and the | ||
load,
determines that the weight is unlawful, such officer | ||
shall require the
driver to stop the vehicle in a suitable | ||
place and remain standing until
such portion of the load is | ||
removed as may be necessary to reduce the
weight of the vehicle | ||
to the limit permitted under this Chapter, or to
the limit | ||
permitted under the terms of a permit issued pursuant to
| ||
Sections 15-301 through 15-318 and shall forthwith
arrest the | ||
driver or owner. All material so unloaded shall be cared for
by | ||
the owner or operator of the vehicle at the risk of such owner |
or operator;
however, whenever a 3 or 4 axle vehicle with a | ||
tandem axle
dimension greater than 72 inches, but less than 96 | ||
inches and registered as a
Special Hauling Vehicle is | ||
transporting asphalt or concrete in the
plastic state that | ||
exceeds axle weight or gross weight limits by less than
4,000 | ||
pounds, the owner or operator of the vehicle shall accept the
| ||
arrest ticket or tickets for the alleged violations under this | ||
Section and
proceed without shifting or reducing the load being | ||
transported or may shift or
reduce the load under the | ||
provisions of subsection (d) or (e) of this Section,
when | ||
applicable. Any fine imposed following an overweight violation | ||
by a
vehicle registered as a Special Hauling Vehicle | ||
transporting asphalt or
concrete in the plastic state shall be | ||
paid as provided in subsection
4
of paragraph (a) of Section | ||
16-105 of this Code.
| ||
(c) The Department of Transportation may, at the request of | ||
the
Department of State Police, erect appropriate regulatory | ||
signs on any
State highway directing second division vehicles | ||
to a scale. The
Department of Transportation may also, at the | ||
direction of any State Police
officer, erect portable | ||
regulating signs on any highway directing second
division | ||
vehicles to a portable scale. Every such
vehicle, pursuant to | ||
such sign, shall stop and be weighed.
| ||
(d) Whenever any axle load of a vehicle exceeds the axle or | ||
tandem axle
weight limits permitted by paragraph (a) or (f) of | ||
Section 15-111 by 2000
pounds or less, the owner or operator of |
the vehicle must shift or
remove the excess so as to comply | ||
with paragraph (a) or (f) of Section
15-111. No overweight | ||
arrest ticket shall be issued to the owner or operator
of the | ||
vehicle by any officer if the excess weight is shifted or
| ||
removed as
required by this paragraph.
| ||
(e) Whenever the gross weight of a vehicle with a | ||
registered gross
weight of 77,000 80,000 pounds or less exceeds | ||
the weight limits of paragraph
(a) (b) or (f) of Section 15-111 | ||
of this Chapter by 2000 pounds or less,
the owner or operator | ||
of the vehicle must remove the excess. Whenever
the gross | ||
weight of a vehicle with a registered gross weight over of | ||
77,000 80,000 pounds
or more exceeds the weight limits of | ||
paragraph (a) (b) or (f) of Section 15-111
by 1,000 pounds or | ||
less or 2,000 pounds or less if weighed on wheel load
weighers, | ||
the owner or operator of the vehicle
must remove the excess. In | ||
either case no arrest ticket for any
overweight violation of | ||
this Code shall be issued to the owner or operator
of the | ||
vehicle by any officer if the excess weight is removed as | ||
required
by this paragraph.
A person who has been granted a | ||
special permit under Section 15-301 of this
Code shall not be | ||
granted a tolerance on wheel load weighers.
| ||
(e-5) Auxiliary power or idle reduction unit (APU) weight. | ||
(1) A vehicle with a fully functional APU shall be | ||
allowed an additional 400 pounds or the certified unit | ||
weight, whichever is less. The additional pounds may be | ||
allowed in gross, axles, or bridge formula weight limits |
above the legal weight limits except when overweight on an | ||
axle or axles of the towed unit or units in combination. | ||
This tolerance shall be given in addition to the limits in | ||
subsection (d) of this Section. | ||
(2) An operator of a vehicle equipped with an APU shall | ||
carry written certification showing the weight of the APU, | ||
which shall be displayed upon the request of any law | ||
enforcement officer. | ||
(3) The operator may be required to demonstrate or | ||
certify that the APU is fully functional at all times. | ||
(4) This allowance may not be granted above the weight | ||
limits specified on any loads permitted under Section | ||
15-301 of this Code. | ||
(f) Whenever an axle load of a vehicle exceeds axle weight | ||
limits
allowed by the provisions of a permit an arrest ticket | ||
shall be issued,
but the owner or operator of the vehicle may | ||
shift the load so as to
comply with the provisions of the | ||
permit. Where such shifting of a load
to comply with the permit | ||
is accomplished, the owner or operator of the
vehicle may then | ||
proceed.
| ||
(g) Any driver of a vehicle who refuses to stop and submit | ||
his
vehicle and load to weighing after being directed to do so | ||
by an officer
or removes or causes the removal of the load or | ||
part of it prior to
weighing is guilty of a business offense | ||
and shall be fined not less
than $500 nor more than $2,000.
| ||
(Source: P.A. 96-34, eff. 1-1-10.)
|
(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)
| ||
Sec. 15-113. Violations; Penalties.
| ||
(a) Whenever any vehicle is operated in violation of the | ||
provisions of
Section 15-111 or subsection (d) of Section | ||
3-401, the owner or driver of such
vehicle shall be deemed | ||
guilty of such violation and either the owner or the
driver of | ||
such vehicle may be prosecuted for such violation.
Any person | ||
charged with a violation of any of these provisions who pleads | ||
not
guilty shall be present in court for the trial on the | ||
charge.
Any person, firm or corporation convicted of any | ||
violation of
Section 15-111 including, but not limited to, a | ||
maximum axle or gross limit
specified on a regulatory sign | ||
posted in accordance with paragraph (e) or (f) (g) or
(h) of | ||
Section 15-111, shall be fined according to the following | ||
schedule:
| ||
Up to and including 2000 pounds overweight, the fine is $100
| ||
From 2001 through 2500 pounds overweight, the fine is $270
| ||
From 2501 through 3000 pounds overweight, the fine is $330
| ||
From 3001 through 3500 pounds overweight, the fine is $520
| ||
From 3501 through 4000 pounds overweight, the fine is $600
|
From 4001 through 4500 pounds overweight, the fine is $850
| ||
From 4501 through 5000 pounds overweight, the fine is $950
| ||
From 5001 or more pounds overweight, the fine shall be computed | ||
by assessing $1500 for the first 5000 pounds overweight and | ||
$150 for each additional increment of 500 pounds overweight or | ||
fraction thereof.
| ||
In addition any person, firm or corporation convicted of 4 | ||
or more violations
of Section 15-111 within any 12 month period | ||
shall be fined an additional
amount of $5,000 for the fourth | ||
and each subsequent conviction within the 12
month period. | ||
Provided, however, that with regard to a firm or corporation,
a | ||
fourth or subsequent conviction shall mean a fourth or | ||
subsequent
conviction attributable to any one employee-driver.
| ||
(b) Whenever any vehicle is operated in violation of the | ||
provisions of
Sections 15-102, 15-103 or 15-107, the owner or | ||
driver of
such vehicle shall be deemed guilty of such violation | ||
and either may be
prosecuted for such violation. Any person, | ||
firm or corporation convicted
of any violation of Sections | ||
15-102, 15-103 or 15-107 shall be fined for
the first or second | ||
conviction an amount equal to not less than $50 nor
more than | ||
$500, and for the third and subsequent convictions by the same
| ||
person, firm or corporation within a period of one year after |
the date of
the first offense, not less than $500 nor more than | ||
$1,000.
| ||
(c) All proceeds of the additional fines imposed by this | ||
amendatory Act of the 96th General Assembly shall be deposited | ||
into the Capital Projects Fund. | ||
(Source: P.A. 96-34, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| ||
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
| ||
Sec. 15-301. Permits for excess size and weight.
| ||
(a) The Department with respect to highways under its | ||
jurisdiction
and local authorities with respect to highways | ||
under their jurisdiction
may, in their discretion, upon | ||
application and good cause being shown
therefor, issue a | ||
special permit authorizing the applicant to operate or
move a | ||
vehicle or combination of vehicles of a size or weight of | ||
vehicle or
load exceeding the maximum specified in this Act or | ||
otherwise not in
conformity with this Act upon any highway | ||
under the jurisdiction of the
party granting such permit and | ||
for the maintenance of which the party is
responsible. | ||
Applications and permits other than those in written or
printed | ||
form may only be accepted from and issued to the company or
| ||
individual making the movement. Except for an application to | ||
move directly
across a highway, it shall be the duty of the | ||
applicant to establish in the
application that the load to be | ||
moved by such vehicle or combination is
composed of a single | ||
nondivisible object that cannot reasonably be
dismantled or
|
disassembled. For the purpose of
over length movements,
more | ||
than one object may be carried side by side as long as the | ||
height, width,
and weight laws are not exceeded and the cause | ||
for the over length is not due
to multiple objects. For the | ||
purpose of over height movements, more than one
object may be | ||
carried as long as the cause for the over height is not due to
| ||
multiple objects and the length, width, and weight laws are not | ||
exceeded. For
the purpose of an over width movement, more than | ||
one object may be carried as
long as the cause for the over | ||
width is not due to multiple objects and length,
height, and | ||
weight laws are not exceeded. No state or local agency shall
| ||
authorize the issuance of excess size or weight permits for | ||
vehicles and loads
that are divisible and that can be carried, | ||
when divided, within the existing
size or weight maximums | ||
specified in this Chapter. Any excess size or weight
permit | ||
issued in violation of the provisions of this Section shall be | ||
void at
issue and any movement made thereunder shall not be | ||
authorized under the terms
of the void permit. In any | ||
prosecution for a violation of this Chapter when
the | ||
authorization of an excess size or weight permit is at issue, | ||
it is the
burden of the defendant to establish that the permit | ||
was valid because the load
to be moved could not reasonably be | ||
dismantled or disassembled, or was
otherwise nondivisible.
| ||
(b) The application for any such permit shall: (1) state | ||
whether
such permit is requested for a single trip or for | ||
limited continuous
operation; (2) state if the applicant is an |
authorized carrier under the
Illinois Motor Carrier of Property | ||
Law, if so, his certificate,
registration or permit number | ||
issued by the Illinois Commerce
Commission; (3) specifically | ||
describe and identify the vehicle or
vehicles and load to be | ||
operated or moved except that for vehicles or
vehicle | ||
combinations registered by the Department as provided in | ||
Section
15-319 of this Chapter, only the Illinois Department of | ||
Transportation's
(IDT) registration number or classification | ||
need be given; (4) state the
routing requested including the | ||
points of origin and destination, and may
identify and include | ||
a request for routing to the nearest certified scale
in | ||
accordance with the Department's rules and regulations, | ||
provided the
applicant has approval to travel on local roads; | ||
and (5) state if the
vehicles or loads are being transported | ||
for hire. No permits for the
movement of a vehicle or load for | ||
hire shall be issued to any applicant who
is required under the | ||
Illinois Motor Carrier of Property Law to have a
certificate, | ||
registration or permit and does not have such certificate,
| ||
registration or permit.
| ||
(c) The Department or local authority when not inconsistent | ||
with
traffic safety is authorized to issue or withhold such | ||
permit at its
discretion; or, if such permit is issued at its | ||
discretion to prescribe
the route or routes to be traveled, to | ||
limit the number of trips, to
establish seasonal or other time | ||
limitations within which the vehicles
described may be operated | ||
on the highways indicated, or otherwise to
limit or prescribe |
conditions of operations of such vehicle or vehicles,
when | ||
necessary to assure against undue damage to the road | ||
foundations,
surfaces or structures, and may require such | ||
undertaking or other
security as may be deemed necessary to | ||
compensate for any injury to any
roadway or road structure. The | ||
Department shall maintain a daily record of
each permit issued | ||
along with the fee and the stipulated dimensions,
weights, | ||
conditions and restrictions authorized and this record shall be
| ||
presumed correct in any case of questions or dispute. The | ||
Department shall
install an automatic device for recording | ||
applications received and permits
issued by telephone. In | ||
making application by telephone, the Department and
applicant | ||
waive all objections to the recording of the conversation.
| ||
(d) The Department shall, upon application in writing from | ||
any local
authority, issue an annual permit authorizing the | ||
local authority to
move oversize highway construction, | ||
transportation, utility and maintenance
equipment over roads | ||
under the jurisdiction of the Department. The permit
shall be | ||
applicable only to equipment and vehicles owned by or | ||
registered
in the name of the local authority, and no fee shall | ||
be charged for the
issuance of such permits.
| ||
(e) As an exception to paragraph (a) of this Section, the | ||
Department
and local authorities, with respect to highways | ||
under their respective
jurisdictions, in their discretion and | ||
upon application in writing may
issue a special permit for | ||
limited continuous operation, authorizing the
applicant to |
move loads of agricultural commodities on a 2 axle single
| ||
vehicle registered by the Secretary of State with axle loads | ||
not to exceed
35%, on a 3 or 4 axle
vehicle registered by the | ||
Secretary of State with axle loads
not to exceed 20%, and on a | ||
5 axle vehicle registered by the
Secretary of State not to | ||
exceed 10% above those provided in Section 15-111. The total | ||
gross weight of the vehicle, however,
may not exceed the | ||
maximum gross weight of the registration class of the vehicle | ||
allowed under Section 3-815 or 3-818 of this Code. | ||
As used in this Section, "agricultural commodities"
means: | ||
(1) cultivated plants or agricultural produce grown
| ||
including, but is not limited to, corn, soybeans, wheat, | ||
oats, grain sorghum, canola, and rice; | ||
(2) livestock, including but not limited to hogs, | ||
equine, sheep, and poultry; | ||
(3) ensilage; and | ||
(4) fruits and vegetables.
| ||
Permits may be issued for a
period not to exceed 40 days | ||
and moves may be made of a distance not to
exceed 50 miles from | ||
a field, an on-farm grain storage facility, a warehouse as | ||
defined in the Illinois Grain Code, or a livestock management | ||
facility as defined in the Livestock Management Facilities Act | ||
over any
highway except the National System of Interstate and | ||
Defense Highways. The operator of the vehicle,
however, must | ||
abide by posted bridge and posted highway weight limits. All | ||
implements of husbandry operating under this Section between |
sunset and sunrise shall be equipped as prescribed in Section | ||
12-205.1.
| ||
(e-1) Upon a declaration by the Governor that an emergency | ||
harvest situation
exists, a special permit issued by the | ||
Department under this Section shall not
be required from | ||
September 1 through December 31 during harvest season
| ||
emergencies, provided that the weight does not exceed 20% above | ||
the limits
provided in Section 15-111. All other restrictions | ||
that apply to permits
issued under this Section shall apply | ||
during the declared time period. With
respect to highways under | ||
the jurisdiction of local authorities, the local
authorities | ||
may, at their discretion, waive special permit requirements | ||
during
harvest season emergencies. This permit exemption shall | ||
apply to all vehicles
eligible to obtain permits under this | ||
Section, including commercial vehicles in
use during the | ||
declared time period.
| ||
(f) The form and content of the permit shall be determined | ||
by the
Department with respect to highways under its | ||
jurisdiction and by local
authorities with respect to highways | ||
under their jurisdiction. Every permit
shall be in written form | ||
and carried in the vehicle or combination of
vehicles to which | ||
it refers and shall be open to inspection by any
police officer | ||
or authorized agent of any authority granting the permit
and no | ||
person shall violate any of the terms or conditions of such
| ||
special permit. Violation of the terms and conditions of the | ||
permit
shall not be deemed a revocation of the permit; however, |
any vehicle and load
found to be off the route prescribed in | ||
the permit shall be held to be
operating without a permit. Any | ||
off route vehicle and load shall be required
to obtain a new | ||
permit or permits, as necessary, to authorize the movement back
| ||
onto the original permit routing. No rule or regulation, nor | ||
anything herein
shall be construed to authorize any police | ||
officer, court, or authorized agent
of any authority granting | ||
the permit to remove the permit from the possession
of the | ||
permittee unless the permittee is charged with a fraudulent | ||
permit
violation as provided in paragraph (i). However, upon | ||
arrest for an offense of
violation of permit, operating without | ||
a permit when the vehicle is off route,
or any size or weight | ||
offense under this Chapter when the permittee plans to
raise | ||
the issuance of the permit as a defense, the permittee, or his | ||
agent,
must produce the permit at any court hearing concerning | ||
the alleged offense.
| ||
If the permit designates and includes a routing to a | ||
certified scale, the
permitee, while enroute to the designated | ||
scale, shall be deemed in compliance
with the weight provisions | ||
of the permit provided the axle or gross weights
do not exceed | ||
any of the permitted limits by more than the following amounts:
| ||
Single axle 2000 pounds
| ||
Tandem axle 3000 pounds
| ||
Gross 5000 pounds
| ||
(g) The Department is authorized to adopt, amend, and to | ||
make
available to interested persons a policy concerning |
reasonable rules,
limitations and conditions or provisions of | ||
operation upon highways
under its jurisdiction in addition to | ||
those contained in this Section
for the movement by special | ||
permit of vehicles, combinations, or loads
which cannot | ||
reasonably be dismantled or disassembled, including
| ||
manufactured and modular home sections and portions thereof. | ||
All rules,
limitations and conditions or provisions adopted in | ||
the policy shall
have due regard for the safety of the | ||
traveling public and the protection
of the highway system and | ||
shall have been promulgated in conformity with
the provisions | ||
of the Illinois Administrative Procedure Act. The
requirements | ||
of the policy for flagmen and escort vehicles shall be the
same | ||
for all moves of comparable size and weight. When escort | ||
vehicles are
required, they shall meet the following | ||
requirements:
| ||
(1) All operators shall be 18 years of age or over and | ||
properly
licensed to operate the vehicle.
| ||
(2) Vehicles escorting oversized loads more than | ||
12-feet wide must
be equipped with a rotating or flashing | ||
amber light mounted on top as specified
under Section | ||
12-215.
| ||
The Department shall establish reasonable rules and | ||
regulations
regarding liability insurance or self insurance | ||
for vehicles with
oversized loads promulgated under The | ||
Illinois Administrative Procedure
Act. Police vehicles may be | ||
required for escort under circumstances as
required by rules |
and regulations of the Department.
| ||
(h) Violation of any rule, limitation or condition or | ||
provision of
any permit issued in accordance with the | ||
provisions of this Section
shall not render the entire permit | ||
null and void but the violator shall
be deemed guilty of | ||
violation of permit and guilty of exceeding any size,
weight or | ||
load limitations in excess of those authorized by the permit.
| ||
The prescribed route or routes on the permit are not mere | ||
rules, limitations,
conditions, or provisions of the permit, | ||
but are also the sole extent of the
authorization granted by | ||
the permit. If a vehicle and load are found to be
off the route | ||
or routes prescribed by any permit authorizing movement,
the | ||
vehicle and load are operating without a permit. Any off route | ||
movement
shall be subject to the size and weight maximums, | ||
under the applicable
provisions of this Chapter, as determined | ||
by the type or class highway upon
which the vehicle and load | ||
are being operated.
| ||
(i) Whenever any vehicle is operated or movement made under | ||
a
fraudulent permit the permit shall be void, and the person, | ||
firm, or
corporation to whom such permit was granted, the | ||
driver of such vehicle
in addition to the person who issued | ||
such permit and any accessory,
shall be guilty of fraud and | ||
either one or all persons may be prosecuted
for such violation. | ||
Any person, firm, or corporation committing such
violation | ||
shall be guilty of a Class 4 felony and the Department shall
| ||
not issue permits to the person, firm or corporation convicted |
of such
violation for a period of one year after the date of | ||
conviction.
Penalties for violations of this Section shall be | ||
in addition to any
penalties imposed for violation of other | ||
Sections of this Act.
| ||
(j) Whenever any vehicle is operated or movement made in | ||
violation
of a permit issued in accordance with this Section, | ||
the person to whom
such permit was granted, or the driver of | ||
such vehicle, is guilty of
such violation and either, but not | ||
both, persons may be prosecuted for
such violation as stated in | ||
this subsection (j). Any person, firm or
corporation convicted | ||
of such violation shall be guilty of a petty
offense and shall | ||
be fined for the first offense, not less than $50 nor
more than | ||
$200 and, for the second offense by the same person, firm or
| ||
corporation within a period of one year, not less than $200 nor | ||
more
than $300 and, for the third offense by the same person, | ||
firm or
corporation within a period of one year after the date | ||
of the first
offense, not less than $300 nor more than $500 and | ||
the Department shall
not issue permits to the person, firm or | ||
corporation convicted of a
third offense during a period of one | ||
year after the date of conviction
for such third offense.
| ||
(k) Whenever any vehicle is operated on local roads under | ||
permits
for excess width or length issued by local authorities, | ||
such vehicle may
be moved upon a State highway for a distance | ||
not to exceed one-half mile
without a permit for the purpose of | ||
crossing the State highway.
| ||
(l) Notwithstanding any other provision of this Section, |
the Department,
with respect to highways under its | ||
jurisdiction, and local authorities, with
respect to highways | ||
under their jurisdiction, may at their discretion authorize
the | ||
movement of a vehicle in violation of any size or weight | ||
requirement, or
both, that would not ordinarily be eligible for | ||
a permit, when there is a
showing of extreme necessity that the | ||
vehicle and load should be moved without
unnecessary delay.
| ||
For the purpose of this subsection, showing of extreme | ||
necessity shall be
limited to the following: shipments of | ||
livestock, hazardous materials, liquid
concrete being hauled | ||
in a mobile cement mixer, or hot asphalt.
| ||
(m) Penalties for violations of this Section shall be in | ||
addition to any
penalties imposed for violating any other | ||
Section of this Code.
| ||
(n) The Department with respect to highways under its | ||
jurisdiction and
local
authorities with respect to highways | ||
under their jurisdiction, in their
discretion and upon
| ||
application in writing, may issue a special permit for | ||
continuous limited
operation,
authorizing the applicant to | ||
operate a tow-truck that exceeds the weight limits
provided
for | ||
in subsection (a) (d) of Section 15-111, provided:
| ||
(1) no rear single axle of the tow-truck exceeds 26,000 | ||
pounds;
| ||
(2) no rear tandem axle of the tow-truck exceeds 50,000 | ||
pounds;
| ||
(2.1) no triple rear axle on a manufactured recovery |
unit exceeds 60,000
pounds;
| ||
(3) neither the disabled vehicle nor the disabled | ||
combination of vehicles
exceed the
weight restrictions | ||
imposed by this Chapter 15, or the weight limits imposed
| ||
under a
permit issued by the Department prior to hookup;
| ||
(4) the tow-truck prior to hookup does not exceed the | ||
weight restrictions
imposed
by this Chapter 15;
| ||
(5) during the tow operation the tow-truck does not | ||
violate any weight
restriction
sign;
| ||
(6) the tow-truck is equipped with flashing, rotating, | ||
or oscillating
amber
lights,
visible for at least 500 feet | ||
in all directions;
| ||
(7) the tow-truck is specifically designed and | ||
licensed as a tow-truck;
| ||
(8) the tow-truck has a gross vehicle weight rating of | ||
sufficient
capacity to safely
handle the load;
| ||
(9) the tow-truck is equipped with air brakes;
| ||
(10) the tow-truck is capable of utilizing the lighting | ||
and braking
systems of the
disabled vehicle or combination | ||
of vehicles;
| ||
(11) the tow commences at the initial point of wreck or | ||
disablement and terminates at a point where the repairs are | ||
actually to occur;
| ||
(12) the permit issued to the tow-truck is carried in | ||
the tow-truck
and
exhibited on demand by a police officer; | ||
and
|
(13) the movement shall be valid only on state routes | ||
approved by the
Department.
| ||
(o) The Department, with respect to highways under its
| ||
jurisdiction, and local authorities, with respect to highways | ||
under
their jurisdiction, in their discretion and upon | ||
application in
writing, may issue a special permit for | ||
continuous limited
operation, authorizing the applicant to | ||
transport raw milk that exceeds
the weight limits provided for | ||
in subsection (a) subsections (b) and (f) of Section 15-111 of | ||
this Code, provided:
| ||
(1) no single axle exceeds 20,000 pounds;
| ||
(2) no gross weight exceeds 80,000 pounds;
| ||
(3) permits issued by the State are good only for | ||
federal
and State highways and are not applicable to | ||
interstate highways;
and
| ||
(4) all road and bridge postings must be obeyed.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-666, eff. 10-11-07.)
| ||
(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
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Sec. 15-307. Fees for Overweight-Gross Loads. Fees for | ||
special permits to move vehicles, combinations of vehicles
and | ||
loads with overweight-gross loads shall be paid at the flat | ||
rate fees
established in this Section for weights in excess of | ||
legal gross weights,
by the applicant to the Department.
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(a) With respect to fees for overweight-gross loads listed | ||
in this
Section and for overweight-axle loads listed in Section |
15-306, one fee
only shall be charged, whichever is the | ||||||||||||||||||||||||||||||||||
greater, but not for both.
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(b) In lieu of the fees stated in this Section and Section | ||||||||||||||||||||||||||||||||||
15-306,
with respect to combinations of vehicles consisting of | ||||||||||||||||||||||||||||||||||
a 3-axle truck
tractor with a tandem axle composed of 2 | ||||||||||||||||||||||||||||||||||
consecutive axles drawing a
semitrailer, or other vehicle | ||||||||||||||||||||||||||||||||||
approved by the Department, equipped with
a tandem axle | ||||||||||||||||||||||||||||||||||
composed of 3 consecutive axles,
weighing over 80,000 pounds | ||||||||||||||||||||||||||||||||||
but not more than 88,000 pounds gross
weight, the fees shall be | ||||||||||||||||||||||||||||||||||
at the following rates:
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Payment of overweight fees for the above vehicle shall | ||
include
overwidth dimension of 4 feet or less, overheight and | ||
overlength. Any
overwidth in excess of 4 feet shall be charged | ||
an additional overwidth fee of
$15.
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(g) Fees for special permits to move vehicles, combinations | ||
of vehicles,
and loads with overweight gross loads not included
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in the fee categories shall be paid by the applicant to the | ||
Department at
the rate of $50 plus 3.5 cents per ton-mile in | ||
excess of legal weight.
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With respect to fees for overweight gross loads not | ||
included in the schedules
specified in paragraphs (a) through | ||
(e) of Section 15-307 and for overweight
axle loads listed in | ||
Section 15-306, one fee only shall be charged, whichever
is the | ||
greater, but not both. An additional fee in accordance with the
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schedule set forth in Section 15-305 shall be charged for each | ||
overdimension.
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(h) Fees for special permits for continuous limited | ||
operation authorizing the applicant to operate vehicles that | ||
exceed the weight limits provided for in subsection (a) (d) of | ||
Section 15-111. | ||
All single axles excluding the steer axle and axles within | ||
a tandem are limited to 24,000 pounds or less unless otherwise | ||
noted in this subsection (h). Loads up to 12 feet wide and 110 | ||
feet in length shall be included within this permit. Fees shall | ||
be $250 for a quarterly and $1,000 for an annual permit. Front | ||
tag axle and double tandem trailers are not eligible. |
The following configurations qualify for the quarterly and | ||
annual permits: | ||
(1) 3 or more axles, total gross weight of 68,000 | ||
pounds or less, front tandem or axle 21,000 pounds or less, | ||
rear tandem 48,000 pounds or less on 2 or 3 axles, 25,000 | ||
pounds or less on single axle; | ||
(2) 4 or more axles, total gross weight of 76,000 | ||
pounds or less, front tandem 44,000 pounds or less on 2 | ||
axles, front axle 20,000 pounds or less, rear tandem 44,000 | ||
pounds or less on 2 axles and 23,000 pounds or less on | ||
single axle or 48,000 pounds or less on 3 axles, 25,000 | ||
pounds or less on single axle; | ||
(3) 5 or more axles, total gross weight of 100,000 | ||
pounds or less, front tandem 48,000 pounds or less on 2 | ||
axles, front axle 20,000 pounds or less, 25,000 pounds or | ||
less on single axle, rear tandem 48,000 pounds or less on 2 | ||
axles, 25,000 pounds or less on single axle; | ||
(4) 6 or more axles, total gross weight of 120,000 | ||
pounds or less, front tandem 48,000 pounds or less on 2 | ||
axles, front axle 20,000 pounds or less, single axle 25,000 | ||
pounds or less, or rear tandem 60,000 pounds or less on 3 | ||
axles, 21,000 pounds or less on single axles within a | ||
tandem.
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(Source: P.A. 96-34, eff. 1-1-10.)
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