Bill Text: IL HB3460 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Illinois Highway Code. Makes a technical change in a Section concerning a county board's use of tax moneys.

Spectrum: Moderate Partisan Bill (Republican 8-1)

Status: (Introduced) 2017-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB3460 Detail]

Download: Illinois-2017-HB3460-Engrossed.html



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1 AN ACT concerning transportation.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by changing
5Section 15-316 as follows:
6 (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
7 Sec. 15-316. When the Department or local authority may
8restrict right to use highways.
9 (a) Except as provided in subsection (g), local authorities
10with respect to highways under their jurisdiction may by
11ordinance or resolution prohibit the operation of vehicles upon
12any such highway or impose restrictions as to the weight of
13vehicles to be operated upon any such highway, for a total
14period of not to exceed 90 days, measured in either consecutive
15or nonconsecutive days at the discretion of local authorities,
16in any one calendar year, whenever any said highway by reason
17of deterioration, rain, snow, or other climate conditions will
18be seriously damaged or destroyed unless the use of vehicles
19thereon is prohibited or the permissible weights thereof
20reduced.
21 (b) The local authority enacting any such ordinance or
22resolution shall erect or cause to be erected and maintained
23signs designating the provision of the ordinance or resolution

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1at each end of that portion of any highway affected thereby,
2and the ordinance or resolution shall not be effective unless
3and until such signs are erected and maintained.
4 (c) Local authorities with respect to highways under their
5jurisdiction may also, by ordinance or resolution, prohibit the
6operation of trucks or other commercial vehicles, or may impose
7limitations as the weight thereof, on designated highways,
8which prohibitions and limitations shall be designated by
9appropriate signs placed on such highways.
10 (c-1) (Blank).
11 (c-3) A local authority may not, by ordinance or
12resolution, restrict the operation of trucks or other
13commercial vehicles to the farthest right-hand lane or the
14farthest left-hand lane of a highway in an urban district that
15has been divided into 2 or more lanes proceeding in the same
16direction.
17 (c-5) Highway commissioners, with respect to roads under
18their authority, may not permanently post a road or portion
19thereof at a reduced weight limit unless the decision to do so
20is made in accordance with Section 6-201.22 of the Illinois
21Highway Code.
22 (d) The Department shall likewise have authority as
23hereinbefore granted to local authorities to determine by
24resolution and to impose restrictions as to the weight of
25vehicles operated upon any highway under the jurisdiction of
26said department, and such restrictions shall be effective when

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1signs giving notice thereof are erected upon the highway or
2portion of any highway affected by such resolution.
3 (d-1) (Blank).
4 (d-2) (Blank).
5 (e) When any vehicle is operated in violation of this
6Section, the owner or driver of the vehicle shall be deemed
7guilty of a violation and either the owner or the driver of the
8vehicle may be prosecuted for the violation. Any person, firm,
9or corporation convicted of violating this Section shall be
10fined $50 for any weight exceeding the posted limit up to the
11axle or gross weight limit allowed a vehicle as provided for in
12subsections (a) or (b) of Section 15-111 and $75 per every 500
13pounds or fraction thereof for any weight exceeding that which
14is provided for in subsections (a) or (b) of Section 15-111.
15 (f) A municipality is authorized to enforce a county weight
16limit ordinance applying to county highways within its
17corporate limits and is entitled to the proceeds of any fines
18collected from the enforcement.
19 (g) An ordinance or resolution enacted by a county or
20township pursuant to subsection (a) of this Section shall not
21apply to cargo tank vehicles with two or three permanent axles
22when delivering propane for emergency heating purposes if the
23cargo tank is loaded at no more than 50 percent capacity, the
24gross vehicle weight of the vehicle does not exceed 32,000
25pounds, and the driver of the cargo tank vehicle notifies the
26appropriate agency or agencies with jurisdiction over the

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1highway before driving the vehicle on the highway pursuant to
2this subsection. The cargo tank vehicle must have an operating
3gauge on the cargo tank which indicates the amount of propane
4as a percent of capacity of the cargo tank. The cargo tank must
5have the capacity displayed on the cargo tank, or documentation
6of the capacity of the cargo tank must be available in the
7vehicle. For the purposes of this subsection, propane weighs
84.2 pounds per gallon. This subsection does not apply to
9municipalities. Nothing in this subsection shall allow cargo
10tank vehicles to cross bridges with posted weight restrictions
11if the vehicle exceeds the posted weight limit.
12(Source: P.A. 99-168, eff. 1-1-16; 99-237, eff. 1-1-16; 99-642,
13eff. 7-28-16.)
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