Bill Text: IL SB3091 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Removes the permit requirement, from September 1 through December 31, for a vehicle transporting agricultural commodities to exceed the maximum weight, axle weight, and gross weight limits under certain circumstances. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced - Dead) 2020-03-04 - Tabled By Sponsor Sen. Chapin Rose [SB3091 Detail]

Download: Illinois-2019-SB3091-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3091 Introduced 2/5/2020, by Sen. Chapin Rose SYNOPSIS AS INTRODUCED:
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
Amends the Illinois Vehicle Code. Removes the permit requirement, from September 1 through December 31, for a vehicle transporting agricultural commodities to exceed the maximum weight, axle weight, and gross weight limits under certain circumstances. Makes conforming changes. Effective immediately.
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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 15-301 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 Code or
otherwise not in conformity with this Code 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

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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.
(a-1) As used in this Section, "extreme heavy duty tow and

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recovery vehicle" means a tow truck manufactured as a unit
having a lifting capacity of not less than 50 tons, and having
either 4 axles and an unladen weight of not more than 80,000
pounds or 5 axles and an unladen weight not more than 90,000
pounds. Notwithstanding otherwise applicable gross and axle
weight limits, an extreme heavy duty tow and recovery vehicle
may lawfully travel to and from the scene of a disablement and
clear a disabled vehicle if the towing service has obtained an
extreme heavy duty tow and recovery permit for the vehicle. 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.
(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; (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

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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
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

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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 (a) of this Section, the
Department and local authorities, with respect to 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 single
vehicle registered by the Secretary of State with axle loads
not to exceed 35%, on a 3-axle 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 not limited to, corn, soybeans, wheat, oats,
grain sorghum, canola, and rice;
(2) livestock, including, but not limited to, hogs,

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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 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 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) From A special permit shall be issued by the
Department under this Section and shall be required from
September 1 through December 31, for a vehicle transporting
agricultural commodities is allowed to exceed the maximum
registered weight, that exceeds the maximum axle weight, and
gross weight limits under Section 15-111 without a permit if 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 do does not exceed the vehicle's registered gross
weight by 10%. This 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

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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 and set
a divisible load weight limit not to exceed 10% above a
vehicle's 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 applies (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. This subsection applies to all highways
within this State, except for the interstate system; however,
the axle weight and gross weight of the vehicle may not violate
Section 15-316 or restrictions provided in Section 6-201.22 of
the Illinois Highway Code.
(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

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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
permit violation as provided in subsection (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 en route 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

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Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and 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 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

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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, 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.

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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.
(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
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, 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. If any
violation is the cause or contributing cause in a motor vehicle
accident causing damage to property, injury, or death to a

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person, the Department may, in its discretion, not issue a
permit to the person, firm, or corporation for a period of one
year 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
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

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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;
(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;

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(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) (Blank).
(p) In determining whether a load may be reasonably
dismantled or disassembled for the purpose of subsection (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 (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

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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 (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. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19;
100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff.
1-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect upon
becoming law.