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91_HB2854
LRB9106044KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 15-109.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 1. The Illinois Vehicle Code is amended by
6 changing Section 15-109.1 as follows:
7 (625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
8 Sec. 15-109.1. Covers or tarpaulins required for certain
9 loads.
10 (a) Except as provided in subsection (b), no person
11 shall operate or cause to be operated, on a highway within
12 the boundaries of any county with a population under
13 3,000,000, any second division vehicle loaded with dirt,
14 aggregate, garbage, refuse, or other similar material, when
15 any portion of the load is falling, sifting, blowing,
16 dropping or in any way escaping from the vehicle.
17 (b) No person shall operate, or cause to be operated, on
18 any highway within the boundaries of any county with a
19 population of 3,000,000 or more, or on any highway within the
20 boundaries of any county adjacent to a county with population
21 of 3,000,000 or more, any second division vehicle with a load
22 of dirt, aggregate, garbage, refuse, or other similar
23 material, unless the load is secured or enclosed with a
24 tarpaulin or other covering sufficient to prevent any portion
25 of the materials from falling, blowing, dropping, or
26 otherwise escaping from the vehicle. Vehicles owned and
27 operated by units of local government shall be exempt.
28 (c) This Section shall not apply to the operation of
29 highway maintenance vehicles engaged in removing snow and ice
30 from the roadway, nor to implements of husbandry or other
31 farm vehicles while transporting agricultural products to or
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1 from the original place of production.
2 (d) For the purpose of this Section "aggregate" shall
3 include all ores, minerals, sand, gravel, shale, coal, clay,
4 limestone or any other ore or mineral which may be mined.
5 (e) Notwithstanding any other penalty, whenever a police
6 officer determines that the operator of a vehicle is in
7 violation of this Section, as evidenced by the issuance of a
8 citation for a violation of Section 15-109.1 of this Code,
9 the police officer shall require the operator to stop the
10 vehicle in a suitable place and keep such vehicle stationary
11 until the load has either been reduced, secured or covered
12 with a cover or tarpaulin of sufficient size to prevent any
13 further violation of this Section.
14 (f) Any violation of the provisions of this Section
15 shall be a petty offense punishable by a fine not to exceed
16 $250.
17 (Source: P.A. 84-226.)