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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:
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| 625 ILCS 5/15-301 | from Ch. 95 1/2, par. 15-301 |
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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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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Illinois Vehicle Code is amended by changing |
5 | | Section 15-301 as follows:
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6 | | (625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
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7 | | Sec. 15-301. Permits for excess size and weight.
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8 | | (a) The Department with respect to highways under its |
9 | | jurisdiction
and local authorities with respect to highways |
10 | | under their jurisdiction
may, in their discretion, upon |
11 | | application and good cause being shown
therefor, issue a |
12 | | special permit authorizing the applicant to operate or
move a |
13 | | vehicle or combination of vehicles of a size or weight of |
14 | | vehicle or
load exceeding the maximum specified in this Code or |
15 | | otherwise not in
conformity with this Code upon any highway |
16 | | under the jurisdiction of the
party granting such permit and |
17 | | for the maintenance of which the party is
responsible. |
18 | | Applications and permits other than those in written or
printed |
19 | | form may only be accepted from and issued to the company or
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20 | | individual making the movement. Except for an application to |
21 | | move directly
across a highway, it shall be the duty of the |
22 | | applicant to establish in the
application that the load to be |
23 | | moved by such vehicle or combination cannot reasonably be
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1 | | dismantled or
disassembled, the reasonableness of which shall |
2 | | be determined by the Secretary of the Department. For the |
3 | | purpose of
over length movements,
more than one object may be |
4 | | carried side by side as long as the height, width,
and weight |
5 | | laws are not exceeded and the cause for the over length is not |
6 | | due
to multiple objects. For the purpose of over height |
7 | | movements, more than one
object may be carried as long as the |
8 | | cause for the over height is not due to
multiple objects and |
9 | | the length, width, and weight laws are not exceeded. For
the |
10 | | purpose of an over width movement, more than one object may be |
11 | | carried as
long as the cause for the over width is not due to |
12 | | multiple objects and length,
height, and weight laws are not |
13 | | exceeded. Except for transporting fluid milk products, no State |
14 | | or local agency shall
authorize the issuance of excess size or |
15 | | weight permits for vehicles and loads
that are divisible and |
16 | | that can be carried, when divided, within the existing
size or |
17 | | weight maximums specified in this Chapter. Any excess size or |
18 | | weight
permit issued in violation of the provisions of this |
19 | | Section shall be void at
issue and any movement made thereunder |
20 | | shall not be authorized under the terms
of the void permit. In |
21 | | any prosecution for a violation of this Chapter when
the |
22 | | authorization of an excess size or weight permit is at issue, |
23 | | it is the
burden of the defendant to establish that the permit |
24 | | was valid because the load
to be moved could not reasonably be |
25 | | dismantled or disassembled, or was
otherwise nondivisible.
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26 | | (a-1) As used in this Section, "extreme heavy duty tow and |
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1 | | recovery vehicle" means a tow truck manufactured as a unit |
2 | | having a lifting capacity of not less than 50 tons, and having |
3 | | either 4 axles and an unladen weight of not more than 80,000 |
4 | | pounds or 5 axles and an unladen weight not more than 90,000 |
5 | | pounds. Notwithstanding otherwise applicable gross and axle |
6 | | weight limits, an extreme heavy duty tow and recovery vehicle |
7 | | may lawfully travel to and from the scene of a disablement and |
8 | | clear a disabled vehicle if the towing service has obtained an |
9 | | extreme heavy duty tow and recovery permit for the vehicle. The |
10 | | form and content of the permit shall be determined by the |
11 | | Department with respect to highways under its jurisdiction and |
12 | | by local authorities with respect to highways under their |
13 | | jurisdiction. |
14 | | (b) The application for any such permit shall: (1) state |
15 | | whether
such permit is requested for a single trip or for |
16 | | limited continuous
operation; (2) state if the applicant is an |
17 | | authorized carrier under the
Illinois Motor Carrier of Property |
18 | | Law, if so, his certificate,
registration, or permit number |
19 | | issued by the Illinois Commerce
Commission; (3) specifically |
20 | | describe and identify the vehicle or
vehicles and load to be |
21 | | operated or moved; (4) state the
routing requested, including |
22 | | the points of origin and destination, and may
identify and |
23 | | include a request for routing to the nearest certified scale
in |
24 | | accordance with the Department's rules and regulations, |
25 | | provided the
applicant has approval to travel on local roads; |
26 | | and (5) state if the
vehicles or loads are being transported |
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1 | | for hire. No permits for the
movement of a vehicle or load for |
2 | | hire shall be issued to any applicant who
is required under the |
3 | | Illinois Motor Carrier of Property Law to have a
certificate, |
4 | | registration, or permit and does not have such certificate,
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5 | | registration, or permit.
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6 | | (c) The Department or local authority when not inconsistent |
7 | | with
traffic safety is authorized to issue or withhold such |
8 | | permit at its
discretion; or, if such permit is issued at its |
9 | | discretion to prescribe
the route or routes to be traveled, to |
10 | | limit the number of trips, to
establish seasonal or other time |
11 | | limitations within which the vehicles
described may be operated |
12 | | on the highways indicated, or otherwise to
limit or prescribe |
13 | | conditions of operations of such vehicle or vehicles,
when |
14 | | necessary to assure against undue damage to the road |
15 | | foundations,
surfaces or structures, and may require such |
16 | | undertaking or other
security as may be deemed necessary to |
17 | | compensate for any injury to any
roadway or road structure. The |
18 | | Department shall maintain a daily record of
each permit issued |
19 | | along with the fee and the stipulated dimensions,
weights, |
20 | | conditions, and restrictions authorized and this record shall |
21 | | be
presumed correct in any case of questions or dispute. The |
22 | | Department shall
install an automatic device for recording |
23 | | applications received and permits
issued by telephone. In |
24 | | making application by telephone, the Department and
applicant |
25 | | waive all objections to the recording of the conversation.
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26 | | (d) The Department shall, upon application in writing from |
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1 | | any local
authority, issue an annual permit authorizing the |
2 | | local authority to
move oversize highway construction, |
3 | | transportation, utility, and maintenance
equipment over roads |
4 | | under the jurisdiction of the Department. The permit
shall be |
5 | | applicable only to equipment and vehicles owned by or |
6 | | registered
in the name of the local authority, and no fee shall |
7 | | be charged for the
issuance of such permits.
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8 | | (e) As an exception to subsection (a) of this Section, the |
9 | | Department
and local authorities, with respect to highways |
10 | | under their respective
jurisdictions, in their discretion and |
11 | | upon application in writing, may
issue a special permit for |
12 | | limited continuous operation, authorizing the
applicant to |
13 | | move loads of agricultural commodities on a 2-axle single
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14 | | vehicle registered by the Secretary of State with axle loads |
15 | | not to exceed
35%, on a 3-axle or 4-axle
vehicle registered by |
16 | | the Secretary of State with axle loads
not to exceed 20%, and |
17 | | on a 5-axle vehicle registered by the
Secretary of State not to |
18 | | exceed 10% above those provided in Section 15-111. The total |
19 | | gross weight of the vehicle, however,
may not exceed the |
20 | | maximum gross weight of the registration class of the vehicle |
21 | | allowed under Section 3-815 or 3-818 of this Code. |
22 | | As used in this Section, "agricultural commodities"
means: |
23 | | (1) cultivated plants or agricultural produce grown,
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24 | | including, but not limited to, corn, soybeans, wheat, oats, |
25 | | grain sorghum, canola, and rice; |
26 | | (2) livestock, including, but not limited to, hogs, |
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1 | | equine, sheep, and poultry; |
2 | | (3) ensilage; and |
3 | | (4) fruits and vegetables.
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4 | | Permits may be issued for a
period not to exceed 40 days |
5 | | and moves may be made of a distance not to
exceed 50 miles from |
6 | | a field, an on-farm grain storage facility, a warehouse as |
7 | | defined in the Grain Code, or a livestock management facility |
8 | | as defined in the Livestock Management Facilities Act over any
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9 | | highway except the National System of Interstate and Defense |
10 | | Highways. The operator of the vehicle,
however, must abide by |
11 | | posted bridge and posted highway weight limits. All implements |
12 | | of husbandry operating under this Section between sunset and |
13 | | sunrise shall be equipped as prescribed in Section 12-205.1.
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14 | | (e-1) From A special permit shall be issued by the |
15 | | Department under this Section and shall
be required from |
16 | | September 1 through December 31 , for a vehicle transporting |
17 | | agricultural commodities is allowed to exceed the maximum |
18 | | registered weight, that exceeds the maximum axle weight , and |
19 | | gross weight limits under Section 15-111 without a permit if of |
20 | | this Code or exceeds the vehicle's registered gross weight, |
21 | | provided that the vehicle's axle weight and gross weight do not |
22 | | exceed 10% above the maximum limits under Section 15-111 of |
23 | | this Code and do does not exceed the vehicle's registered gross |
24 | | weight by 10%. This All other restrictions that apply to |
25 | | permits issued under this Section shall apply during the |
26 | | declared time period and no fee shall be charged for the |
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1 | | issuance of those permits. Permits issued by the Department |
2 | | under this subsection (e-1) are only valid on federal and State |
3 | | highways under the jurisdiction of the Department, except |
4 | | interstate highways. With
respect to highways under the |
5 | | jurisdiction of local authorities, the local
authorities may, |
6 | | at their discretion, waive special permit requirements and set |
7 | | a divisible load weight limit not to exceed 10% above a |
8 | | vehicle's registered gross weight, provided that the vehicle's |
9 | | axle weight and gross weight do not exceed 10% above the |
10 | | maximum limits specified in Section 15-111. Permits issued |
11 | | under this subsection applies (e-1) shall apply to all |
12 | | registered vehicles
eligible to obtain permits under this |
13 | | Section, including vehicles used in private or for-hire |
14 | | movement of divisible load agricultural commodities during the |
15 | | declared time period. This subsection applies to all highways |
16 | | within this State, except for the interstate system; however, |
17 | | the axle weight and gross weight of the vehicle may not violate |
18 | | Section 15-316 or restrictions provided in Section 6-201.22 of |
19 | | the Illinois Highway Code.
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20 | | (f) The form and content of the permit shall be determined |
21 | | by the
Department with respect to highways under its |
22 | | jurisdiction and by local
authorities with respect to highways |
23 | | under their jurisdiction. Every permit
shall be in written form |
24 | | and carried in the vehicle or combination of
vehicles to which |
25 | | it refers and shall be open to inspection by any
police officer |
26 | | or authorized agent of any authority granting the permit
and no |
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1 | | person shall violate any of the terms or conditions of such
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2 | | special permit. Violation of the terms and conditions of the |
3 | | permit
shall not be deemed a revocation of the permit; however, |
4 | | any vehicle and load
found to be off the route prescribed in |
5 | | the permit shall be held to be
operating without a permit. Any |
6 | | off-route vehicle and load shall be required
to obtain a new |
7 | | permit or permits, as necessary, to authorize the movement back
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8 | | onto the original permit routing. No rule or regulation, nor |
9 | | anything herein,
shall be construed to authorize any police |
10 | | officer, court, or authorized agent
of any authority granting |
11 | | the permit to remove the permit from the possession
of the |
12 | | permittee unless the permittee is charged with a fraudulent |
13 | | permit
violation as provided in subsection (i). However, upon |
14 | | arrest for an offense of
violation of permit, operating without |
15 | | a permit when the vehicle is off route,
or any size or weight |
16 | | offense under this Chapter when the permittee plans to
raise |
17 | | the issuance of the permit as a defense, the permittee, or his |
18 | | agent,
must produce the permit at any court hearing concerning |
19 | | the alleged offense.
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20 | | If the permit designates and includes a routing to a |
21 | | certified scale, the permittee, while en route to the |
22 | | designated scale, shall be deemed in compliance
with the weight |
23 | | provisions of the permit provided the axle or gross weights
do |
24 | | not exceed any of the permitted limits by more than the |
25 | | following amounts:
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26 | | Single axle 2000 pounds
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1 | | Tandem axle 3000 pounds
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2 | | Gross 5000 pounds
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3 | | (g) The Department is authorized to adopt, amend, and make
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4 | | available to interested persons a policy concerning reasonable |
5 | | rules,
limitations and conditions or provisions of operation |
6 | | upon highways
under its jurisdiction in addition to those |
7 | | contained in this Section
for the movement by special permit of |
8 | | vehicles, combinations, or loads
which cannot reasonably be |
9 | | dismantled or disassembled, including
manufactured and modular |
10 | | home sections and portions thereof. All rules,
limitations and |
11 | | conditions or provisions adopted in the policy shall
have due |
12 | | regard for the safety of the traveling public and the |
13 | | protection
of the highway system and shall have been |
14 | | promulgated in conformity with
the provisions of the Illinois |
15 | | Administrative Procedure Act. The
requirements of the policy |
16 | | for flagmen and escort vehicles shall be the
same for all moves |
17 | | of comparable size and weight. When escort vehicles are
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18 | | required, they shall meet the following requirements:
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19 | | (1) All operators shall be 18 years of age or over and |
20 | | properly
licensed to operate the vehicle.
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21 | | (2) Vehicles escorting oversized loads more than 12 |
22 | | feet wide must
be equipped with a rotating or flashing |
23 | | amber light mounted on top as specified
under Section |
24 | | 12-215.
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25 | | The Department shall establish reasonable rules and |
26 | | regulations
regarding liability insurance or self insurance |
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1 | | for vehicles with
oversized loads promulgated under the |
2 | | Illinois Administrative Procedure
Act. Police vehicles may be |
3 | | required for escort under circumstances as
required by rules |
4 | | and regulations of the Department.
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5 | | (h) Violation of any rule, limitation or condition or |
6 | | provision of
any permit issued in accordance with the |
7 | | provisions of this Section
shall not render the entire permit |
8 | | null and void but the violator shall
be deemed guilty of |
9 | | violation of permit and guilty of exceeding any size,
weight, |
10 | | or load limitations in excess of those authorized by the |
11 | | permit.
The prescribed route or routes on the permit are not |
12 | | mere rules, limitations,
conditions, or provisions of the |
13 | | permit, but are also the sole extent of the
authorization |
14 | | granted by the permit. If a vehicle and load are found to be
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15 | | off the route or routes prescribed by any permit authorizing |
16 | | movement,
the vehicle and load are operating without a permit. |
17 | | Any off-route movement
shall be subject to the size and weight |
18 | | maximums, under the applicable
provisions of this Chapter, as |
19 | | determined by the type or class highway upon
which the vehicle |
20 | | and load are being operated.
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21 | | (i) Whenever any vehicle is operated or movement made under |
22 | | a
fraudulent permit, the permit shall be void, and the person, |
23 | | firm, or
corporation to whom such permit was granted, the |
24 | | driver of such vehicle
in addition to the person who issued |
25 | | such permit and any accessory,
shall be guilty of fraud and |
26 | | either one or all persons may be prosecuted
for such violation. |
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1 | | Any person, firm, or corporation committing such
violation |
2 | | shall be guilty of a Class 4 felony and the Department shall
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3 | | not issue permits to the person, firm, or corporation convicted |
4 | | of such
violation for a period of one year after the date of |
5 | | conviction.
Penalties for violations of this Section shall be |
6 | | in addition to any
penalties imposed for violation of other |
7 | | Sections of this Code.
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8 | | (j) Whenever any vehicle is operated or movement made in |
9 | | violation
of a permit issued in accordance with this Section, |
10 | | the person to whom
such permit was granted, or the driver of |
11 | | such vehicle, is guilty of
such violation and either, but not |
12 | | both, persons may be prosecuted for
such violation as stated in |
13 | | this subsection (j). Any person, firm, or
corporation convicted |
14 | | of such violation shall be guilty of a petty
offense and shall |
15 | | be fined, for the first offense, not less than $50 nor
more |
16 | | than $200 and, for the second offense by the same person, firm, |
17 | | or
corporation within a period of one year, not less than $200 |
18 | | nor more
than $300 and, for the third offense by the same |
19 | | person, firm, or
corporation within a period of one year after |
20 | | the date of the first
offense, not less than $300 nor more than |
21 | | $500 and the Department may, in its discretion, not issue |
22 | | permits to the person, firm, or corporation convicted of a
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23 | | third offense during a period of one year after the date of |
24 | | conviction or supervision
for such third offense. If any |
25 | | violation is the cause or contributing cause in a motor vehicle |
26 | | accident causing damage to property, injury, or death to a |
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1 | | person, the Department may, in its discretion, not issue a |
2 | | permit to the person, firm, or corporation for a period of one |
3 | | year after the date of conviction or supervision for the |
4 | | offense.
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5 | | (k) Whenever any vehicle is operated on local roads under |
6 | | permits
for excess width or length issued by local authorities, |
7 | | such vehicle may
be moved upon a State highway for a distance |
8 | | not to exceed one-half mile
without a permit for the purpose of |
9 | | crossing the State highway.
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10 | | (l) Notwithstanding any other provision of this Section, |
11 | | the Department,
with respect to highways under its |
12 | | jurisdiction, and local authorities, with
respect to highways |
13 | | under their jurisdiction, may at their discretion authorize
the |
14 | | movement of a vehicle in violation of any size or weight |
15 | | requirement, or
both, that would not ordinarily be eligible for |
16 | | a permit, when there is a
showing of extreme necessity that the |
17 | | vehicle and load should be moved without
unnecessary delay.
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18 | | For the purpose of this subsection, showing of extreme |
19 | | necessity shall be
limited to the following: shipments of |
20 | | livestock, hazardous materials, liquid
concrete being hauled |
21 | | in a mobile cement mixer, or hot asphalt.
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22 | | (m) Penalties for violations of this Section shall be in |
23 | | addition to any
penalties imposed for violating any other |
24 | | Section of this Code.
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25 | | (n) The Department with respect to highways under its |
26 | | jurisdiction and
local
authorities with respect to highways |
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1 | | under their jurisdiction, in their
discretion and upon
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2 | | application in writing, may issue a special permit for |
3 | | continuous limited
operation,
authorizing the applicant to |
4 | | operate a tow truck that exceeds the weight limits
provided
for |
5 | | in subsection (a) of Section 15-111, provided:
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6 | | (1) no rear single axle of the tow truck exceeds 26,000 |
7 | | pounds;
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8 | | (2) no rear tandem axle of the tow truck exceeds 50,000 |
9 | | pounds;
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10 | | (2.1) no triple rear axle on a manufactured recovery |
11 | | unit exceeds 60,000
pounds; |
12 | | (3) neither the disabled vehicle nor the disabled |
13 | | combination of vehicles
exceed the
weight restrictions |
14 | | imposed by this Chapter 15, or the weight limits imposed
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15 | | under a
permit issued by the Department prior to hookup;
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16 | | (4) the tow truck prior to hookup does not exceed the |
17 | | weight restrictions
imposed
by this Chapter 15;
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18 | | (5) during the tow operation the tow truck does not |
19 | | violate any weight
restriction
sign;
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20 | | (6) the tow truck is equipped with flashing, rotating, |
21 | | or oscillating
amber
lights,
visible for at least 500 feet |
22 | | in all directions;
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23 | | (7) the tow truck is specifically designed and licensed |
24 | | as a tow truck;
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25 | | (8) the tow truck has a gross vehicle weight rating of |
26 | | sufficient
capacity to safely
handle the load;
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1 | | (9) the tow truck is equipped with air brakes;
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2 | | (10) the tow truck is capable of utilizing the lighting |
3 | | and braking
systems of the
disabled vehicle or combination |
4 | | of vehicles;
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5 | | (11) the tow commences at the initial point of wreck or |
6 | | disablement and terminates at a point where the repairs are |
7 | | actually to occur;
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8 | | (12) the permit issued to the tow truck is carried in |
9 | | the tow truck
and
exhibited on demand by a police officer; |
10 | | and
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11 | | (13) the movement shall be valid only on State routes |
12 | | approved by the
Department.
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13 | | (o) (Blank).
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14 | | (p) In determining whether a load may be reasonably |
15 | | dismantled or disassembled for the purpose of subsection (a), |
16 | | the Department shall consider whether there is a significant |
17 | | negative impact on the condition of the pavement and structures |
18 | | along the proposed route, whether the load or vehicle as |
19 | | proposed causes a safety hazard to the traveling public, |
20 | | whether dismantling or disassembling the load promotes or |
21 | | stifles economic development, and whether the proposed route |
22 | | travels less than 5 miles. A load is not required to be |
23 | | dismantled or disassembled for the purposes of subsection (a) |
24 | | if the Secretary of the Department determines there will be no |
25 | | significant negative impact to pavement or structures along the |
26 | | proposed route, the proposed load or vehicle causes no safety |
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1 | | hazard to the traveling public, dismantling or disassembling |
2 | | the load does not promote economic development, and the |
3 | | proposed route travels less than 5 miles.
The Department may |
4 | | promulgate rules for the purpose of establishing the |
5 | | divisibility of a load pursuant to subsection (a). Any load |
6 | | determined by the Secretary to be nondivisible shall otherwise |
7 | | comply with the existing size or weight maximums specified in |
8 | | this Chapter. |
9 | | (Source: P.A. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19; |
10 | | 100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff. |
11 | | 1-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20 .)
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12 | | Section 99. Effective date. This Act takes effect upon |
13 | | becoming law.
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