Bill Text: IL HB2192 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning permits for excess size and weight.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-04-23 - House Floor Amendment No. 1 Rule 19(c) / Re-referred to Rules Committee [HB2192 Detail]
Download: Illinois-2021-HB2192-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 | |||||||||||||||||||
5 | changing 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 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 Code | |||||||||||||||||||
15 | or otherwise not in
conformity with this Code 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
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19 | printed form may only be accepted from and issued to the | |||||||||||||||||||
20 | company or
individual making the movement. Except for an | |||||||||||||||||||
21 | application to move directly
across a highway, it shall be the | |||||||||||||||||||
22 | duty of the applicant to establish in the
application that the | |||||||||||||||||||
23 | load to be moved by such vehicle or combination cannot |
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1 | reasonably be
dismantled or
disassembled, the reasonableness | ||||||
2 | of which shall be determined by the Secretary of the | ||||||
3 | Department. For the purpose of
over length movements,
more | ||||||
4 | than one object may be carried side by side as long as the | ||||||
5 | height, width,
and weight laws are not exceeded and the cause | ||||||
6 | for the over length is not due
to multiple objects. For the | ||||||
7 | purpose of over height movements, more than one
object may be | ||||||
8 | carried as long as the cause for the over height is not due to
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9 | multiple objects and the length, width, and weight laws are | ||||||
10 | not exceeded. For
the purpose of an over width movement, more | ||||||
11 | than one object may be carried as
long as the cause for the | ||||||
12 | over width is not due to multiple objects and length,
height, | ||||||
13 | and weight laws are not exceeded. Except for transporting | ||||||
14 | fluid milk products, no State or local agency shall
authorize | ||||||
15 | the issuance of excess size or weight permits for vehicles and | ||||||
16 | loads
that are divisible and that can be carried, when | ||||||
17 | divided, within the existing
size or weight maximums specified | ||||||
18 | in this Chapter. Any excess size or weight
permit issued in | ||||||
19 | violation of the provisions of this Section shall be void at
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20 | issue and any movement made thereunder shall not be authorized | ||||||
21 | under the terms
of the void permit. In any prosecution for a | ||||||
22 | violation of this Chapter when
the authorization of an excess | ||||||
23 | size or weight permit is at issue, it is the
burden of the | ||||||
24 | defendant to establish that the permit was valid because the | ||||||
25 | load
to be moved could not reasonably be dismantled or | ||||||
26 | disassembled, or was
otherwise nondivisible.
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1 | (a-1) As used in this Section, "extreme heavy duty tow and | ||||||
2 | recovery vehicle" means a tow truck manufactured as a unit | ||||||
3 | having a lifting capacity of not less than 50 tons, and having | ||||||
4 | either 4 axles and an unladen weight of not more than 80,000 | ||||||
5 | pounds or 5 axles and an unladen weight not more than 90,000 | ||||||
6 | pounds. Notwithstanding otherwise applicable gross and axle | ||||||
7 | weight limits, an extreme heavy duty tow and recovery vehicle | ||||||
8 | may lawfully travel to and from the scene of a disablement and | ||||||
9 | clear a disabled vehicle if the towing service has obtained an | ||||||
10 | extreme heavy duty tow and recovery permit for the vehicle. | ||||||
11 | The form and content of the permit shall be determined by the | ||||||
12 | Department with respect to highways under its jurisdiction and | ||||||
13 | by local authorities with respect to highways under their | ||||||
14 | jurisdiction. | ||||||
15 | (b) The application for any such permit shall: (1) state | ||||||
16 | whether
such permit is requested for a single trip or for | ||||||
17 | limited continuous
operation; (2) state if the applicant is an | ||||||
18 | authorized carrier under the
Illinois Motor Carrier of | ||||||
19 | Property Law, if so, his certificate,
registration, or permit | ||||||
20 | number issued by the Illinois Commerce
Commission; (3) | ||||||
21 | specifically describe and identify the vehicle or
vehicles and | ||||||
22 | load to be operated or moved; (4) state the
routing requested, | ||||||
23 | including the points of origin and destination, and may
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24 | identify and include a request for routing to the nearest | ||||||
25 | certified scale
in accordance with the Department's rules and | ||||||
26 | regulations, provided the
applicant has approval to travel on |
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1 | local roads; and (5) state if the
vehicles or loads are being | ||||||
2 | transported for hire. No permits for the
movement of a vehicle | ||||||
3 | or load for hire shall be issued to any applicant who
is | ||||||
4 | required under the Illinois Motor Carrier of Property Law to | ||||||
5 | have a
certificate, registration, or permit and does not have | ||||||
6 | such certificate,
registration, or permit.
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7 | (c) The Department or local authority when not | ||||||
8 | inconsistent with
traffic safety is authorized to issue or | ||||||
9 | withhold such permit at its
discretion; or, if such permit is | ||||||
10 | issued at its discretion to prescribe
the route or routes to be | ||||||
11 | traveled, to limit the number of trips, to
establish seasonal | ||||||
12 | or other time limitations within which the vehicles
described | ||||||
13 | may be operated on the highways indicated, or otherwise to
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14 | limit or prescribe conditions of operations of such vehicle or | ||||||
15 | vehicles,
when necessary to assure against undue damage to the | ||||||
16 | road foundations,
surfaces or structures, and may require such | ||||||
17 | undertaking or other
security as may be deemed necessary to | ||||||
18 | compensate for any injury to any
roadway or road structure. | ||||||
19 | The Department shall maintain a daily record of
each permit | ||||||
20 | issued along with the fee and the stipulated dimensions,
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21 | weights, conditions, and restrictions authorized and this | ||||||
22 | record shall be
presumed correct in any case of questions or | ||||||
23 | dispute. The Department shall
install an automatic device for | ||||||
24 | recording applications received and permits
issued by | ||||||
25 | telephone. In making application by telephone, the Department | ||||||
26 | and
applicant waive all objections to the recording of the |
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1 | conversation.
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2 | (d) The Department shall, upon application in writing from | ||||||
3 | any local
authority, issue an annual permit authorizing the | ||||||
4 | local authority to
move oversize highway construction, | ||||||
5 | transportation, utility, and maintenance
equipment over roads | ||||||
6 | under the jurisdiction of the Department. The permit
shall be | ||||||
7 | applicable only to equipment and vehicles owned by or | ||||||
8 | registered
in the name of the local authority, and no fee shall | ||||||
9 | be charged for the
issuance of such permits.
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10 | (e) As an exception to subsection (a) of this Section, the | ||||||
11 | Department
and local authorities, with respect to highways | ||||||
12 | under their respective
jurisdictions, in their discretion and | ||||||
13 | upon application in writing, may
issue a special permit for | ||||||
14 | limited continuous operation, authorizing the
applicant to | ||||||
15 | move loads of agricultural commodities on a 2-axle single
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16 | vehicle registered by the Secretary of State with axle loads | ||||||
17 | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by | ||||||
18 | the Secretary of State with axle loads
not to exceed 20%, and | ||||||
19 | on a 5-axle vehicle registered by the
Secretary of State not to | ||||||
20 | exceed 10% above those provided in Section 15-111. The total | ||||||
21 | gross weight of the vehicle, however,
may not exceed the | ||||||
22 | maximum gross weight of the registration class of the vehicle | ||||||
23 | allowed under Section 3-815 or 3-818 of this Code. | ||||||
24 | As used in this Section, "agricultural commodities"
means: | ||||||
25 | (1) cultivated plants or agricultural produce grown,
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26 | including, but not limited to, corn, soybeans, wheat, |
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1 | oats, grain sorghum, canola, and rice; | ||||||
2 | (2) livestock, including, but not limited to, hogs, | ||||||
3 | equine, sheep, and poultry; | ||||||
4 | (3) ensilage; and | ||||||
5 | (4) fruits and vegetables.
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6 | Permits may be issued for a
period not to exceed 40 days | ||||||
7 | and moves may be made of a distance not to
exceed 50 miles from | ||||||
8 | a field, an on-farm grain storage facility, a warehouse as | ||||||
9 | defined in the Grain Code, or a livestock management facility | ||||||
10 | as defined in the Livestock Management Facilities Act over any
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11 | highway except the National System of Interstate and Defense | ||||||
12 | Highways. The operator of the vehicle,
however, must abide by | ||||||
13 | posted bridge and posted highway weight limits. All implements | ||||||
14 | of husbandry operating under this Section between sunset and | ||||||
15 | sunrise shall be equipped as prescribed in Section 12-205.1.
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16 | (e-1) A special permit shall be issued by the Department | ||||||
17 | under this Section and shall
be required from September 1 | ||||||
18 | through December 31 for a vehicle that exceeds the maximum | ||||||
19 | axle weight and gross weight limits under Section 15-111 of | ||||||
20 | this Code or exceeds the vehicle's registered gross weight, | ||||||
21 | provided that the vehicle's axle weight and gross weight do | ||||||
22 | not exceed 10% above the maximum limits under Section 15-111 | ||||||
23 | of this Code and does not exceed the vehicle's registered | ||||||
24 | gross weight by 10%. All other restrictions that apply to | ||||||
25 | permits issued under this Section shall apply during the | ||||||
26 | declared time period and no fee shall be charged for the |
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1 | issuance of those permits. Permits issued by the Department | ||||||
2 | under this subsection (e-1) are only valid on federal and | ||||||
3 | State highways under the jurisdiction of the Department, | ||||||
4 | except interstate highways. With
respect to highways under the | ||||||
5 | jurisdiction of local authorities, the local
authorities may, | ||||||
6 | at their discretion, waive special permit requirements and set | ||||||
7 | a divisible load weight limit not to exceed 10% above a | ||||||
8 | vehicle's registered gross weight, provided that the vehicle's | ||||||
9 | axle weight and gross weight do not exceed 10% above the | ||||||
10 | maximum limits specified in Section 15-111. Permits issued | ||||||
11 | under this subsection (e-1) shall apply to all registered | ||||||
12 | vehicles
eligible to obtain permits under this Section, | ||||||
13 | including vehicles used in private or for-hire movement of | ||||||
14 | divisible load agricultural commodities during the declared | ||||||
15 | time period.
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16 | (f) The form and content of the permit shall be determined | ||||||
17 | by the
Department with respect to highways under its | ||||||
18 | jurisdiction and by local
authorities with respect to highways | ||||||
19 | under their jurisdiction. Every permit
shall be in written | ||||||
20 | form and carried in the vehicle or combination of
vehicles to | ||||||
21 | which it refers and shall be open to inspection by any
police | ||||||
22 | officer or authorized agent of any authority granting the | ||||||
23 | permit
and no person shall violate any of the terms or | ||||||
24 | conditions of such
special permit. Violation of the terms and | ||||||
25 | conditions of the permit
shall not be deemed a revocation of | ||||||
26 | the permit; however, any vehicle and load
found to be off the |
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1 | route prescribed in the permit shall be held to be
operating | ||||||
2 | without a permit. Any off-route vehicle and load shall be | ||||||
3 | required
to obtain a new permit or permits, as necessary, to | ||||||
4 | authorize the movement back
onto the original permit routing. | ||||||
5 | No rule or regulation, nor anything herein,
shall be construed | ||||||
6 | to authorize any police officer, court, or authorized agent
of | ||||||
7 | any authority granting the permit to remove the permit from | ||||||
8 | the possession
of the permittee unless the permittee is | ||||||
9 | charged with a fraudulent permit
violation as provided in | ||||||
10 | subsection (i). However, upon arrest for an offense of
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11 | violation of permit, operating without a permit when the | ||||||
12 | vehicle is off route,
or any size or weight offense under this | ||||||
13 | Chapter when the permittee plans to
raise the issuance of the | ||||||
14 | permit as a defense, the permittee, or his agent,
must produce | ||||||
15 | the permit at any court hearing concerning the alleged | ||||||
16 | offense.
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17 | If the permit designates and includes a routing to a | ||||||
18 | certified scale, the permittee, while en route to the | ||||||
19 | designated scale, shall be deemed in compliance
with the | ||||||
20 | weight provisions of the permit provided the axle or gross | ||||||
21 | weights
do not exceed any of the permitted limits by more than | ||||||
22 | the following amounts:
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23 | Single axle 2000 pounds
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24 | Tandem axle 3000 pounds
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25 | Gross 5000 pounds
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26 | (g) The Department is authorized to adopt, amend, and make
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1 | available to interested persons a policy concerning reasonable | ||||||
2 | rules,
limitations and conditions or provisions of operation | ||||||
3 | upon highways
under its jurisdiction in addition to those | ||||||
4 | contained in this Section
for the movement by special permit | ||||||
5 | of vehicles, combinations, or loads
which cannot reasonably be | ||||||
6 | dismantled or disassembled, including
manufactured and modular | ||||||
7 | home sections and portions thereof. All rules,
limitations and | ||||||
8 | conditions or provisions adopted in the policy shall
have due | ||||||
9 | regard for the safety of the traveling public and the | ||||||
10 | protection
of the highway system and shall have been | ||||||
11 | promulgated in conformity with
the provisions of the Illinois | ||||||
12 | Administrative Procedure Act. The
requirements of the policy | ||||||
13 | for flagmen and escort vehicles shall be the
same for all moves | ||||||
14 | of comparable size and weight. When escort vehicles are
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15 | required, they shall meet the following requirements:
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16 | (1) All operators shall be 18 years of age or over and | ||||||
17 | properly
licensed to operate the vehicle.
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18 | (2) Vehicles escorting oversized loads more than 12 | ||||||
19 | feet wide must
be equipped with a rotating or flashing | ||||||
20 | amber light mounted on top as specified
under Section | ||||||
21 | 12-215.
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22 | The Department shall establish reasonable rules and | ||||||
23 | regulations
regarding liability insurance or self insurance | ||||||
24 | for vehicles with
oversized loads promulgated under the | ||||||
25 | Illinois Administrative Procedure
Act. Police vehicles may be | ||||||
26 | required for escort under circumstances as
required by rules |
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1 | and regulations of the Department.
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2 | (h) Violation of any rule, limitation or condition or | ||||||
3 | provision of
any permit issued in accordance with the | ||||||
4 | provisions of this Section
shall not render the entire permit | ||||||
5 | null and void but the violator shall
be deemed guilty of | ||||||
6 | violation of permit and guilty of exceeding any size,
weight, | ||||||
7 | or load limitations in excess of those authorized by the | ||||||
8 | permit.
The prescribed route or routes on the permit are not | ||||||
9 | mere rules, limitations,
conditions, or provisions of the | ||||||
10 | permit, but are also the sole extent of the
authorization | ||||||
11 | granted by the permit. If a vehicle and load are found to be
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12 | off the route or routes prescribed by any permit authorizing | ||||||
13 | movement,
the vehicle and load are operating without a permit. | ||||||
14 | Any off-route movement
shall be subject to the size and weight | ||||||
15 | maximums, under the applicable
provisions of this Chapter, as | ||||||
16 | determined by the type or class highway upon
which the vehicle | ||||||
17 | and load are being operated.
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18 | (i) Whenever any vehicle is operated or movement made | ||||||
19 | under a
fraudulent permit, the permit shall be void, and the | ||||||
20 | person, firm, or
corporation to whom such permit was granted, | ||||||
21 | the driver of such vehicle
in addition to the person who issued | ||||||
22 | such permit and any accessory,
shall be guilty of fraud and | ||||||
23 | either one or all persons may be prosecuted
for such | ||||||
24 | violation. Any person, firm, or corporation committing such
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25 | violation shall be guilty of a Class 4 felony and the | ||||||
26 | Department shall
not issue permits to the person, firm, or |
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1 | corporation convicted of such
violation for a period of one | ||||||
2 | year after the date of conviction.
Penalties for violations of | ||||||
3 | this Section shall be in addition to any
penalties imposed for | ||||||
4 | violation of other Sections of this Code.
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5 | (j) Whenever any vehicle is operated or movement made in | ||||||
6 | violation
of a permit issued in accordance with this Section, | ||||||
7 | the person to whom
such permit was granted, or the driver of | ||||||
8 | such vehicle, is guilty of
such violation and either, but not | ||||||
9 | both, persons may be prosecuted for
such violation as stated | ||||||
10 | in this subsection (j). Any person, firm, or
corporation | ||||||
11 | convicted of such violation shall be guilty of a petty
offense | ||||||
12 | and shall be fined, for the first offense, not less than $50 | ||||||
13 | nor
more than $200 and, for the second offense by the same | ||||||
14 | person, firm, or
corporation within a period of one year, not | ||||||
15 | less than $200 nor more
than $300 and, for the third offense by | ||||||
16 | the same person, firm, or
corporation within a period of one | ||||||
17 | year after the date of the first
offense, not less than $300 | ||||||
18 | nor more than $500 and the Department may, in its discretion, | ||||||
19 | not issue permits to the person, firm, or corporation | ||||||
20 | convicted of a
third offense during a period of one year after | ||||||
21 | the date of conviction or supervision
for such third offense. | ||||||
22 | If any violation is the cause or contributing cause in a motor | ||||||
23 | vehicle accident causing damage to property, injury, or death | ||||||
24 | to a person, the Department may, in its discretion, not issue a | ||||||
25 | permit to the person, firm, or corporation for a period of one | ||||||
26 | year after the date of conviction or supervision for the |
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1 | offense.
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2 | (k) Whenever any vehicle is operated on local roads under | ||||||
3 | permits
for excess width or length issued by local | ||||||
4 | authorities, such vehicle may
be moved upon a State highway | ||||||
5 | for a distance not to exceed one-half mile
without a permit for | ||||||
6 | the purpose of crossing the State highway.
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7 | (l) Notwithstanding any other provision of this Section, | ||||||
8 | the Department,
with respect to highways under its | ||||||
9 | jurisdiction, and local authorities, with
respect to highways | ||||||
10 | under their jurisdiction, may at their discretion authorize
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11 | the movement of a vehicle in violation of any size or weight | ||||||
12 | requirement, or
both, that would not ordinarily be eligible | ||||||
13 | for a permit, when there is a
showing of extreme necessity that | ||||||
14 | the vehicle and load should be moved without
unnecessary | ||||||
15 | delay.
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16 | For the purpose of this subsection, showing of extreme | ||||||
17 | necessity shall be
limited to the following: shipments of | ||||||
18 | livestock, hazardous materials, liquid
concrete being hauled | ||||||
19 | in a mobile cement mixer, or hot asphalt.
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20 | (m) Penalties for violations of this Section shall be in | ||||||
21 | addition to any
penalties imposed for violating any other | ||||||
22 | Section of this Code.
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23 | (n) The Department with respect to highways under its | ||||||
24 | jurisdiction and
local
authorities with respect to highways | ||||||
25 | under their jurisdiction, in their
discretion and upon
| ||||||
26 | application in writing, may issue a special permit for |
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1 | continuous limited
operation,
authorizing the applicant to | ||||||
2 | operate a tow truck that exceeds the weight limits
provided
| ||||||
3 | for in subsection (a) of Section 15-111, provided:
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4 | (1) no rear single axle of the tow truck exceeds | ||||||
5 | 26,000 pounds;
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6 | (2) no rear tandem axle of the tow truck exceeds | ||||||
7 | 50,000 pounds;
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8 | (2.1) no triple rear axle on a manufactured recovery | ||||||
9 | unit exceeds 60,000
pounds; | ||||||
10 | (3) neither the disabled vehicle nor the disabled | ||||||
11 | combination of vehicles
exceed the
weight restrictions | ||||||
12 | imposed by this Chapter 15, or the weight limits imposed
| ||||||
13 | under a
permit issued by the Department prior to hookup;
| ||||||
14 | (4) the tow truck prior to hookup does not exceed the | ||||||
15 | weight restrictions
imposed
by this Chapter 15;
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16 | (5) during the tow operation the tow truck does not | ||||||
17 | violate any weight
restriction
sign;
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18 | (6) the tow truck is equipped with flashing, rotating, | ||||||
19 | or oscillating
amber
lights,
visible for at least 500 feet | ||||||
20 | in all directions;
| ||||||
21 | (7) the tow truck is specifically designed and | ||||||
22 | licensed as a tow truck;
| ||||||
23 | (8) the tow truck has a gross vehicle weight rating of | ||||||
24 | sufficient
capacity to safely
handle the load;
| ||||||
25 | (9) the tow truck is equipped with air brakes;
| ||||||
26 | (10) the tow truck is capable of utilizing the |
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1 | lighting and braking
systems of the
disabled vehicle or | ||||||
2 | combination of vehicles;
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3 | (11) the tow commences at the initial point of wreck | ||||||
4 | or disablement and terminates at a point where the repairs | ||||||
5 | are actually to occur;
| ||||||
6 | (12) the permit issued to the tow truck is carried in | ||||||
7 | the tow truck
and
exhibited on demand by a police officer; | ||||||
8 | and
| ||||||
9 | (13) the movement shall be valid only on State routes | ||||||
10 | approved by the
Department.
| ||||||
11 | (o) (Blank).
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12 | (p) In determining whether a load may be reasonably | ||||||
13 | dismantled or disassembled for the purpose of subsection (a), | ||||||
14 | the Department shall consider whether there is a significant | ||||||
15 | negative impact on the condition of the pavement and | ||||||
16 | structures along the proposed route, whether the load or | ||||||
17 | vehicle as proposed causes a safety hazard to the traveling | ||||||
18 | public, whether dismantling or disassembling the load promotes | ||||||
19 | or stifles economic development, and whether the proposed | ||||||
20 | route travels less than 5 miles. A load is not required to be | ||||||
21 | dismantled or disassembled for the purposes of subsection (a) | ||||||
22 | if the Secretary of the Department determines there will be no | ||||||
23 | significant negative impact to pavement or structures along | ||||||
24 | the proposed route, the proposed load or vehicle causes no | ||||||
25 | safety hazard to the traveling public, dismantling or | ||||||
26 | disassembling the load does not promote economic development, |
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1 | and the proposed route travels less than 5 miles.
The | ||||||
2 | Department may promulgate rules for the purpose of | ||||||
3 | establishing the divisibility of a load pursuant to subsection | ||||||
4 | (a). Any load determined by the Secretary to be nondivisible | ||||||
5 | shall otherwise comply with the existing size or weight | ||||||
6 | maximums specified in this Chapter. | ||||||
7 | (Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19; | ||||||
8 | 100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff. | ||||||
9 | 1-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20 .)
|