Bill Text: IL HB5924 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Limits the concurrent exercise of home rule powers with respect to penalties for exceeding vehicle weight limits.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5924 Detail]

Download: Illinois-2011-HB5924-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5924 Introduced 2/16/2012, by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
625 ILCS 5/15-316 from Ch. 95 1/2, par. 15-316
Amends the Illinois Vehicle Code. Limits the concurrent exercise of home rule powers with respect to penalties for exceeding vehicle weight limits.
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HOME RULE NOTE ACT MAY APPLY
A BILL FOR
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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 15-316 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,
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

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and until such signs are erected and maintained.
(c) Local authorities 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).
(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

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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
corporate limits and is entitled to the proceeds of any fines
collected from the enforcement. A municipality may not adopt an
ordinance that provides for penalties greater than the
penalties listed in Section 15-113 of this Code. This
subsection is a limitation under subsection (i) of Section 6 of
Article VII of the Illinois Constitution on the concurrent
exercise by home rule units of powers and functions exercised
by the State.
(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

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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.)