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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 15-316 as follows:
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6 | (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
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7 | Sec. 15-316. When the Department or local authority may | ||||||
8 | restrict right to use highways.
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9 | (a) Except as provided in subsection (g), local Local | ||||||
10 | authorities with
respect to highways under their jurisdiction | ||||||
11 | may by ordinance or resolution
prohibit the operation of | ||||||
12 | vehicles upon any such highway or impose
restrictions as to the | ||||||
13 | weight of vehicles to be operated upon any such
highway, for a | ||||||
14 | total period of not to exceed 90 days in any one calendar
year, | ||||||
15 | whenever any said highway by reason of deterioration, rain, | ||||||
16 | snow, or
other climate conditions will be seriously damaged or | ||||||
17 | destroyed unless the
use of vehicles thereon is prohibited or | ||||||
18 | the permissible weights thereof
reduced.
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19 | (b) The local authority
enacting any such ordinance or | ||||||
20 | resolution shall erect or cause to be erected
and maintained | ||||||
21 | signs designating the provision of the ordinance or resolution
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22 | at each end of that portion of any highway affected thereby, | ||||||
23 | and the ordinance
or resolution shall not be effective unless |
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1 | and until such signs are erected
and maintained.
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2 | (c) Local authorities with
respect to highways under their | ||||||
3 | jurisdiction may also, by ordinance or
resolution, prohibit the | ||||||
4 | operation of trucks or other commercial vehicles,
or may impose | ||||||
5 | limitations as the weight thereof, on designated highways, | ||||||
6 | which
prohibitions and limitations shall be designated by | ||||||
7 | appropriate signs placed on
such highways.
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8 | (c-1) (Blank).
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9 | (d) The Department shall likewise have authority as | ||||||
10 | hereinbefore
granted to local authorities to
determine by | ||||||
11 | resolution and to impose restrictions as to the weight of | ||||||
12 | vehicles
operated upon any highway under the jurisdiction of | ||||||
13 | said department, and such
restrictions shall be effective when | ||||||
14 | signs giving notice thereof are erected
upon the highway or | ||||||
15 | portion of any highway affected by such resolution.
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16 | (d-1) (Blank).
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17 | (d-2) (Blank).
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18 | (e) When any vehicle is operated in violation of this | ||||||
19 | Section, the owner
or driver of the vehicle shall be deemed | ||||||
20 | guilty of a violation and either the
owner or the driver of the | ||||||
21 | vehicle may be prosecuted for the violation. Any
person, firm, | ||||||
22 | or corporation convicted of violating this Section shall be | ||||||
23 | fined
$50 for any weight exceeding the posted limit up to the | ||||||
24 | axle or gross weight
limit allowed a vehicle as provided for in | ||||||
25 | subsections (a) or (b) of Section
15-111 and $75 per every 500 | ||||||
26 | pounds or fraction thereof for any weight
exceeding that which |
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1 | is provided for in subsections (a) or
(b) of Section 15-111.
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2 | (f) A municipality is authorized to enforce a county weight | ||||||
3 | limit
ordinance applying to county highways within its | ||||||
4 | corporate limits and is
entitled to the proceeds of any fines | ||||||
5 | collected from the enforcement.
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6 | (g) An ordinance or resolution enacted by a county or | ||||||
7 | township pursuant to subsection (a) of this Section shall not | ||||||
8 | apply to cargo tank vehicles with two or three permanent axles | ||||||
9 | when delivering propane for heating if the cargo tank is loaded | ||||||
10 | at no more than 50 percent capacity and the gross vehicle | ||||||
11 | weight of the vehicle does not exceed 32,000 pounds. The cargo | ||||||
12 | tank vehicle must have an operating gauge on the cargo tank | ||||||
13 | which indicates the amount of propane as a percent of capacity | ||||||
14 | of the cargo tank. The cargo tank must have the capacity | ||||||
15 | displayed on the cargo tank, or documentation of the capacity | ||||||
16 | of the cargo tank must be available in the vehicle. For the | ||||||
17 | purposes of this subsection, propane weighs 4.2 pounds per | ||||||
18 | gallon. This subsection does not apply to municipalities. | ||||||
19 | Nothing in this subsection shall allow cargo tank
vehicles
to | ||||||
20 | cross bridges with posted weight restrictions if the vehicle | ||||||
21 | exceeds the posted weight limit. | ||||||
22 | (Source: P.A. 92-417, eff. 1-1-02; 93-177, eff. 7-11-03.)
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