Bill Text: IL HB5531 | 2015-2016 | 99th General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that upon declaration by the Governor that a disaster resulting from a storm exists, all vehicles are exempt from requiring a special permit for excess vehicle size and weight, provided that the weight does not exceed 20% above the permissible limit. All other restrictions to the special permits shall apply.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-04-22 - Rule 19(a) / Re-referred to Rules Committee [HB5531 Detail]

Download: Illinois-2015-HB5531-Introduced.html

---

99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB5531 Introduced , by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED:
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
Amends the Illinois Vehicle Code. Provides that upon declaration by the Governor that a disaster resulting from a storm exists, all vehicles are exempt from requiring a special permit for excess vehicle size and weight, provided that the weight does not exceed 20% above the permissible limit. All other restrictions to the special permits shall apply.
LRB099 19234 AXK 43626 b
A BILL FOR
HB5531 LRB099 19234 AXK 43626 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 15-301 as follows:
(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 cannot reasonably be

HB5531 - 2 - LRB099 19234 AXK 43626 b
dismantled or disassembled, the reasonableness of which shall
be determined by the Secretary of the Department. 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

HB5531 - 3 - LRB099 19234 AXK 43626 b
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

HB5531 - 4 - LRB099 19234 AXK 43626 b
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

HB5531 - 5 - LRB099 19234 AXK 43626 b
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

HB5531 - 6 - LRB099 19234 AXK 43626 b
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.
(e-5) Upon a declaration by the Governor under Section 7 of
the Illinois Emergency Management Agency Act that a disaster
resulting from a storm exists, a special permit issued by the
Department under this Section shall not be required for the
duration of the declared time period of the disaster, provided
that the weight does not exceed 20% above the limits under
Section 15-111. All other restrictions that apply to permits
issued under this Section shall apply during the declared time

HB5531 - 7 - LRB099 19234 AXK 43626 b
period. With respect to highways under the jurisdiction of
local authorities, the local authorities may, at their
discretion, waive special permit requirements during emergency
storm situations. 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

HB5531 - 8 - LRB099 19234 AXK 43626 b
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 permittee, 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

HB5531 - 9 - LRB099 19234 AXK 43626 b
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,

HB5531 - 10 - LRB099 19234 AXK 43626 b
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

HB5531 - 11 - LRB099 19234 AXK 43626 b
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

HB5531 - 12 - LRB099 19234 AXK 43626 b
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) 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;

HB5531 - 13 - LRB099 19234 AXK 43626 b
(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) of Section 15-111 of this Code, provided:

HB5531 - 14 - LRB099 19234 AXK 43626 b
(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.
(p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of paragraph (a),
the Department shall consider whether there is a significant
negative impact on the condition of the pavement and structures
along the proposed route, whether the load or vehicle as
proposed causes a safety hazard to the traveling public,
whether dismantling or disassembling the load promotes or
stifles economic development and whether the proposed route
travels less than 5 miles. A load is not required to be
dismantled or disassembled for the purposes of paragraph (a) if
the Secretary of the Department determines there will be no
significant negative impact to pavement or structures along the
proposed route, the proposed load or vehicle causes no safety
hazard to the traveling public, dismantling or disassembling
the load does not promote economic development and the proposed
route travels less than 5 miles. The Department may promulgate
rules for the purpose of establishing the divisibility of a
load pursuant to paragraph (a). Any load determined by the
Secretary to be nondivisible shall otherwise comply with the
existing size or weight maximums specified in this Chapter.

HB5531 - 15 - LRB099 19234 AXK 43626 b
(Source: P.A. 97-201, eff. 1-1-12; 97-479, eff. 8-22-11;
97-813, eff. 7-13-12.)