Bill Text: IL SB2558 | 2017-2018 | 100th General Assembly | Engrossed

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Bill Title: Amends the State Police Act. Provides that the Director of State Police may also authorize any civilian employee of the Department of State Police who is not a State policeman to be a truck weighing inspector with the power of enforcing a provision of the Illinois Vehicle Code which allows upon application and good cause for the issuing of 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 permitted or otherwise not in conformity with the Illinois Vehicle Code upon any highway under the jurisdiction of the party granting the permit. Amends the Illinois Vehicle Code. Provides that a civilian escort vehicle shall be a vehicle not exceeding a gross vehicle weight rating of 26,000 pounds (rather than a passenger or second division vehicle not exceeding 8,000 pounds) that is designed to afford clear and unobstructed vision to both front and rear. Provides that any person, firm, or corporation convicted of a violation for a permit issued for excess size and weight 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 of State Police may 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 or supervision for such third offense, unless the violation is the cause or contributing cause in a motor vehicle accident causing damage to property, injury, or death to a person. Provides that if the violation is the cause or contributing cause in a motor vehicle accident of damage to property, injury, or death to a person, the person, firm, or corporation shall not be issued a permit for 180 days after the date of conviction or supervision for the offense.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-09 - Session Sine Die [SB2558 Detail]

Download: Illinois-2017-SB2558-Engrossed.html

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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 State Police Act is amended by changing
Section 18 as follows:
(20 ILCS 2610/18) (from Ch. 121, par. 307.18)
Sec. 18. The Director may also authorize any civilian
employee of the Department who is not a State policeman to be a
truck weighing inspector with the power of enforcing the
provisions of Sections 15-102, 15-103, 15-107, 15-111, and
15-301 and subsection (d) of Section 3-401 of the Illinois
Vehicle Code.
(Source: P.A. 88-476; 89-117, eff. 7-7-95.)
Section 10. The Illinois Vehicle Code is amended by
changing Sections 15-102 and 15-301 as follows:
(625 ILCS 5/15-102) (from Ch. 95 1/2, par. 15-102)
Sec. 15-102. Width of Vehicles.
(a) On Class III and non-designated State and local
highways, the total outside width of any vehicle or load
thereon shall not exceed 8 feet 6 inches.
(b) Except during those times when, due to insufficient

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light or unfavorable atmospheric conditions, persons and
vehicles on the highway are not clearly discernible at a
distance of 1000 feet, the following vehicles may exceed the 8
feet 6 inch limitation during the period from a half hour
before sunrise to a half hour after sunset:
(1) Loads of hay, straw or other similar farm products
provided that the load is not more than 12 feet wide.
(2) Implements of husbandry being transported on
another vehicle and the transporting vehicle while loaded.
The following requirements apply to the transportation
on another vehicle of an implement of husbandry wider than
8 feet 6 inches on the National System of Interstate and
Defense Highways or other highways in the system of State
highways:
(A) The driver of a vehicle transporting an
implement of husbandry that exceeds 8 feet 6 inches in
width shall obey all traffic laws and shall check the
roadways prior to making a movement in order to ensure
that adequate clearance is available for the movement.
It is prima facie evidence that the driver of a vehicle
transporting an implement of husbandry has failed to
check the roadway prior to making a movement if the
vehicle is involved in a collision with a bridge,
overpass, fixed structure, or properly placed traffic
control device or if the vehicle blocks traffic due to
its inability to proceed because of a bridge, overpass,

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fixed structure, or properly placed traffic control
device.
(B) Flags shall be displayed so as to wave freely
at the extremities of overwidth objects and at the
extreme ends of all protrusions, projections, and
overhangs. All flags shall be clean, bright red flags
with no advertising, wording, emblem, or insignia
inscribed upon them and at least 18 inches square.
(C) "OVERSIZE LOAD" signs are mandatory on the
front and rear of all vehicles with loads over 10 feet
wide. These signs must have 12-inch high black letters
with a 2-inch stroke on a yellow sign that is 7 feet
wide by 18 inches high.
(D) One civilian escort vehicle is required for a
load that exceeds 14 feet 6 inches in width and 2
civilian escort vehicles are required for a load that
exceeds 16 feet in width on the National System of
Interstate and Defense Highways or other highways in
the system of State highways.
(E) The requirements for a civilian escort vehicle
and driver are as follows:
(1) The civilian escort vehicle shall be a
passenger car or a second division vehicle not
exceeding a gross vehicle weight rating of 26,000
8,000 pounds that is designed to afford clear and
unobstructed vision to both front and rear.

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(2) The escort vehicle driver must be properly
licensed to operate the vehicle.
(3) While in use, the escort vehicle must be
equipped with illuminated rotating, oscillating,
or flashing amber lights or flashing amber strobe
lights mounted on top that are of sufficient
intensity to be visible at 500 feet in normal
sunlight.
(4) "OVERSIZE LOAD" signs are mandatory on all
escort vehicles. The sign on an escort vehicle
shall have 8-inch high black letters on a yellow
sign that is 5 feet wide by 12 inches high.
(5) When only one escort vehicle is required
and it is operating on a two-lane highway, the
escort vehicle shall travel approximately 300 feet
ahead of the load. The rotating, oscillating, or
flashing lights or flashing amber strobe lights
and an "OVERSIZE LOAD" sign shall be displayed on
the escort vehicle and shall be visible from the
front. When only one escort vehicle is required and
it is operating on a multilane divided highway, the
escort vehicle shall travel approximately 300 feet
behind the load and the sign and lights shall be
visible from the rear.
(6) When 2 escort vehicles are required, one
escort shall travel approximately 300 feet ahead

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of the load and the second escort shall travel
approximately 300 feet behind the load. The
rotating, oscillating, or flashing lights or
flashing amber strobe lights and an "OVERSIZE
LOAD" sign shall be displayed on the escort
vehicles and shall be visible from the front on the
lead escort and from the rear on the trailing
escort.
(7) When traveling within the corporate limits
of a municipality, the escort vehicle shall
maintain a reasonable and proper distance from the
oversize load, consistent with existing traffic
conditions.
(8) A separate escort shall be provided for
each load hauled.
(9) The driver of an escort vehicle shall obey
all traffic laws.
(10) The escort vehicle must be in safe
operational condition.
(11) The driver of the escort vehicle must be
in radio contact with the driver of the vehicle
carrying the oversize load.
(F) A transport vehicle while under load of more
than 8 feet 6 inches in width must be equipped with an
illuminated rotating, oscillating, or flashing amber
light or lights or a flashing amber strobe light or

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lights mounted on the top of the cab that are of
sufficient intensity to be visible at 500 feet in
normal sunlight. If the load on the transport vehicle
blocks the visibility of the amber lighting from the
rear of the vehicle, the vehicle must also be equipped
with an illuminated rotating, oscillating, or flashing
amber light or lights or a flashing amber strobe light
or lights mounted on the rear of the load that are of
sufficient intensity to be visible at 500 feet in
normal sunlight.
(G) When a flashing amber light is required on the
transport vehicle under load and it is operating on a
two-lane highway, the transport vehicle shall display
to the rear at least one rotating, oscillating, or
flashing light or a flashing amber strobe light and an
"OVERSIZE LOAD" sign. When a flashing amber light is
required on the transport vehicle under load and it is
operating on a multilane divided highway, the sign and
light shall be visible from the rear.
(H) Maximum speed shall be 45 miles per hour on all
such moves or 5 miles per hour above the posted minimum
speed limit, whichever is greater, but the vehicle
shall not at any time exceed the posted maximum speed
limit.
(3) Portable buildings designed and used for
agricultural and livestock raising operations that are not

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more than 14 feet wide and with not more than a 1 foot
overhang along the left side of the hauling vehicle.
However, the buildings shall not be transported more than
10 miles and not on any route that is part of the National
System of Interstate and Defense Highways.
All buildings when being transported shall display at least
2 red cloth flags, not less than 12 inches square, mounted as
high as practicable on the left and right side of the building.
A State Police escort shall be required if it is necessary
for this load to use part of the left lane when crossing any 2
laned State highway bridge.
(c) Vehicles propelled by electric power obtained from
overhead trolley wires operated wholly within the corporate
limits of a municipality are also exempt from the width
limitation.
(d) (Blank).
(d-1) A recreational vehicle, as defined in Section 1-169,
may exceed 8 feet 6 inches in width if:
(1) the excess width is attributable to appurtenances
that extend 6 inches or less beyond either side of the body
of the vehicle; and
(2) the roadway on which the vehicle is traveling has
marked lanes for vehicular traffic that are at least 11
feet in width.
As used in this subsection (d-1) and in subsection (d-2),
the term appurtenance includes (i) a retracted awning and its

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support hardware and (ii) any appendage that is intended to be
an integral part of a recreation vehicle.
(d-2) A recreational vehicle that exceeds 8 feet 6 inches
in width as provided in subsection (d-1) may travel any roadway
of the State if the vehicle is being operated between a roadway
permitted under subsection (d-1) and:
(1) the location where the recreation vehicle is
garaged;
(2) the destination of the recreation vehicle; or
(3) a facility for food, fuel, repair, services, or
rest.
(e) A vehicle and load traveling upon the National System
of Interstate and Defense Highways or any other highway in the
system of State highways that has been designated as a Class I
or Class II highway by the Department, or any street or highway
designated by local authorities, may have a total outside width
of 8 feet 6 inches, provided that certain safety devices that
the Department determines as necessary for the safe and
efficient operation of motor vehicles shall not be included in
the calculation of width.
Section 5-35 of the Illinois Administrative Procedure Act
relating to procedures for rulemaking shall not apply to the
designation of highways under this paragraph (e).
(f) Mirrors required by Section 12-502 of this Code and
other safety devices identified by the Department may project
up to 14 inches beyond each side of a bus and up to 6 inches

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beyond each side of any other vehicle, and that projection
shall not be deemed a violation of the width restrictions of
this Section.
(g) Any person who is convicted of violating this Section
is subject to the penalty as provided in paragraph (b) of
Section 15-113.
(Source: P.A. 96-34, eff. 1-1-10; 96-37, eff. 7-13-09; 96-220,
eff. 1-1-10; 96-1000, eff. 7-2-10.)
(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

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moved by such vehicle or combination cannot reasonably be
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. Except for transporting fluid milk products, 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.

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(b) The application for any such permit shall: (1) state
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

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limit the number of trips, to establish seasonal or other time
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 subsection paragraph (a) of this
Section, the Department and local authorities, with respect to

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highways under their respective jurisdictions, in their
discretion and 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
2 axle single vehicle registered by the Secretary of State with
axle loads not to exceed 35%, on a 3-axle or 4-axle 3 or 4 axle
vehicle registered by the Secretary of State with axle loads
not to exceed 20%, and on a 5-axle 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

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over any highway except the National System of Interstate and
Defense Highways. The operator of the vehicle, however, must
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 be required from September
1 through December 31 during harvest season emergencies for a
vehicle that exceeds the maximum axle weight and gross weight
limits under Section 15-111 of this Code or exceeds the
vehicle's registered gross weight, provided that the vehicle's
axle weight and gross weight do not exceed 10% above the
maximum limits under Section 15-111 of this Code and does not
exceed the vehicle's registered gross weight by 10%. All other
restrictions that apply to permits issued under this Section
shall apply during the declared time period and no fee shall be
charged for the issuance of those permits. Permits issued by
the Department under this subsection (e-1) are only valid on
federal and State highways under the jurisdiction of the
Department, except interstate highways. 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, and set a
divisible load weight limit not to exceed 10% above a vehicle's

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registered gross weight, provided that the vehicle's axle
weight and gross weight do not exceed 10% above the maximum
limits specified in Section 15-111. Permits issued under this
subsection (e-1) shall apply to all registered vehicles
eligible to obtain permits under this Section, including
vehicles used in private or for-hire movement of divisible load
agricultural commodities 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

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permit violation as provided in subsection 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

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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,

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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
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 Code 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

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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 may, in its discretion, 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 or supervision for such third offense. Except as
otherwise provided in this subsection (j), if any violation is
the cause or contributing cause in a motor vehicle accident
causing damage to property, injury, or death to a person, the
Department may, in its discretion, not issue a permit to the
person, firm, or corporation for a period of 180 days after the
date of conviction or supervision for the 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

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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
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 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 tow-truck
exceeds 26,000 pounds;
(2) no rear tandem axle of the tow truck 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

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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 tow-truck prior to hookup does not
exceed the weight restrictions imposed by this Chapter 15;
(5) during the tow operation the tow truck tow-truck
does not violate any weight restriction sign;
(6) the tow truck tow-truck is equipped with flashing,
rotating, or oscillating amber lights, visible for at least
500 feet in all directions;
(7) the tow truck tow-truck is specifically designed
and licensed as a tow truck tow-truck;
(8) the tow truck tow-truck has a gross vehicle weight
rating of sufficient capacity to safely handle the load;
(9) the tow truck tow-truck is equipped with air
brakes;
(10) the tow truck 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 tow-truck is
carried in the tow truck tow-truck and exhibited on demand
by a police officer; and
(13) the movement shall be valid only on State state

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routes approved by the Department.
(o) (Blank).
(p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of subsection
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 subsection
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 subsection
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.
(Source: P.A. 99-717, eff. 8-5-16; 100-70, eff. 8-11-17;
revised 10-12-17.)