Bill Text: IL HB2367 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Illinois Highway Code and the Illinois Vehicle Code. Provides that highway commissioners may not permanently close, vacate, or reduce the weight limit on any road or portion thereof without the written approval of themselves, the county superintendent of highways, and the elected board associated with that road district. Effective immediately.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2014-12-03 - Session Sine Die [HB2367 Detail]

Download: Illinois-2013-HB2367-Amended.html

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Rep. Wayne Rosenthal

Filed: 4/7/2014

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AMENDMENT TO HOUSE BILL 2367
AMENDMENT NO. ______. Amend House Bill 2367, AS AMENDED, by
replacing everything after the enacting clause with the
following:
"Section 5. The Illinois Vehicle Code is amended by
changing Section 15-316 as follows:
(625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
Sec. 15-316. When the Department or local authority may
restrict right to use highways.
(a) Except as provided in subsection (g), local authorities
with respect to highways under their jurisdiction may by
ordinance or resolution prohibit the operation of vehicles upon
any such highway or impose restrictions as to the weight of
vehicles to be operated upon any such highway, for a total
period of not to exceed 90 days in any one calendar year,
whenever any said highway by reason of deterioration, rain,

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snow, or other climate conditions will be seriously damaged or
destroyed unless the use of vehicles thereon is prohibited or
the permissible weights thereof reduced.
(b) The local authority enacting any such ordinance or
resolution shall erect or cause to be erected and maintained
signs designating the provision of the ordinance or resolution
at each end of that portion of any highway affected thereby,
and the ordinance or resolution shall not be effective unless
and until such signs are erected and maintained.
(c) Local authorities, with exception of road districts as
provided in subsection (c-5) of this Section, with respect to
highways under their jurisdiction may also, by ordinance or
resolution, prohibit the operation of trucks or other
commercial vehicles, or may impose limitations as the weight
thereof, on designated highways, which prohibitions and
limitations shall be designated by appropriate signs placed on
such highways.
(c-1) (Blank).
(c-5) Highway commissioners, as used in the Illinois
Highway Code, with respect to highways under their jurisdiction
may, after conducting a public hearing and approving a
resolution, prohibit the operation of trucks or other
commercial vehicles, or may impose limitation on the weight
thereof, on designated highways, which prohibition and
limitation shall be designated by appropriate signs placed on
these highways with written approval of the county

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superintendent of highways. If any highway commissioner fails
or refuses to change or evaluate a permanently reduced weight
limit on any road or section of a road in his or her district
within 10 days after he or she is given a notice in writing
signed by 3 persons that own land in the road district that the
road or section of a road should not be permanently posted at a
reduced weight limit, the 3 landowners whose request was not
complied with may petition the county superintendent of
highways that the road or section thereof is in need of
evaluation or change of the permanently reduced weight limit by
the highway commissioner. The county superintendent of
highways shall set a day, not less than 10 nor more than 20
days after the petition is filed with him or her, for hearing
the complaint alleged in the petition, and shall post notice of
the hearing not less than 10 days prior to the hearing in a
newspaper of general circulation in the road district
containing the road or section of road described in the
petition and also by delivering a copy of the notice to the
commissioner or mailing a copy of the petition to the
commissioner. If the county superintendent of highways
determines as a result of the hearing that the road described
in the petition is in need of a change in the permanently
reduced weight limit by the highway commissioner of the
district, he or she shall order the highway commissioner of the
district to make any necessary change to the posted weight
limit. If any highway commissioner wilfully disobeys the order

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of the county superintendent of highways issued under this
Section, when there are sufficient funds to permit compliance
with the order, he or she shall be guilty of a petty offense,
and shall upon proper proceedings being brought in the circuit
court of the county, be subject to removal from office.
(d) The Department shall likewise have authority as
hereinbefore granted to local authorities to determine by
resolution and to impose restrictions as to the weight of
vehicles operated upon any highway under the jurisdiction of
said department, and such restrictions shall be effective when
signs giving notice thereof are erected upon the highway or
portion of any highway affected by such resolution.
(d-1) (Blank).
(d-2) (Blank).
(e) When any vehicle is operated in violation of this
Section, the owner or driver of the vehicle shall be deemed
guilty of a violation and either the owner or the driver of the
vehicle may be prosecuted for the violation. Any person, firm,
or corporation convicted of violating this Section shall be
fined $50 for any weight exceeding the posted limit up to the
axle or gross weight limit allowed a vehicle as provided for in
subsections (a) or (b) of Section 15-111 and $75 per every 500
pounds or fraction thereof for any weight exceeding that which
is provided for in subsections (a) or (b) of Section 15-111.
(f) A municipality is authorized to enforce a county weight
limit ordinance applying to county highways within its

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corporate limits and is entitled to the proceeds of any fines
collected from the enforcement.
(g) An ordinance or resolution enacted by a county or
township pursuant to subsection (a) of this Section shall not
apply to cargo tank vehicles with two or three permanent axles
when delivering propane for emergency heating purposes if the
cargo tank is loaded at no more than 50 percent capacity, the
gross vehicle weight of the vehicle does not exceed 32,000
pounds, and the driver of the cargo tank vehicle notifies the
appropriate agency or agencies with jurisdiction over the
highway before driving the vehicle on the highway pursuant to
this subsection. The cargo tank vehicle must have an operating
gauge on the cargo tank which indicates the amount of propane
as a percent of capacity of the cargo tank. The cargo tank must
have the capacity displayed on the cargo tank, or documentation
of the capacity of the cargo tank must be available in the
vehicle. For the purposes of this subsection, propane weighs
4.2 pounds per gallon. This subsection does not apply to
municipalities. Nothing in this subsection shall allow cargo
tank vehicles to cross bridges with posted weight restrictions
if the vehicle exceeds the posted weight limit.
(Source: P.A. 96-1337, eff. 1-1-11.)".