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91_SB0738 SRS91S0001AKcb 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) No person shall operate or cause to be operated, on 11 a highway, any second division vehicle loaded with dirt, 12 aggregate, garbage, refuse, or other similar material, when 13 any portion of the load is falling, sifting, blowing, 14 dropping or in any way escaping from the vehicle. 15 (b) No person shall operate, or cause to be operated, on 16 a highway, any second division vehicle with an open load of 17 dirt, aggregate, garbage, refuse, or other similar material, 18 unless the load is secured or enclosed with a tarpaulin or 19 other covering sufficient to prevent a portion of the 20 materials from falling, blowing, dropping, or otherwise 21 escaping from the vehicle. 22 (c) This Section shall not apply to the operation of 23 highway maintenance vehicles engaged in removing snow and ice 24 from the roadway, nor to implements of husbandry or other 25 farm vehicles while transporting agricultural products to or 26 from the original place of production. 27 (d) For the purpose of this Section "aggregate" shall 28 include all ores, minerals, sand, gravel, shale, coal, clay, 29 limestone or any other ore or mineral which may be mined. 30 (e) Notwithstanding any other penalty, whenever a police 31 officer determines that the operator of a vehicle is in -2- SRS91S0001AKcb 1 violation of this Section, as evidenced by the issuance of a 2 citation for a violation of Section 15-109.1 of this Code, 3 the police officer shall require the operator to stop the 4 vehicle in a suitable place and keep such vehicle stationary 5 until the load has either been reduced, secured or covered 6 with a cover or tarpaulin of sufficient size to prevent any 7 further violation of this Section. 8 (f) Any violation of the provisions of this Section 9 shall be a petty offense punishable by a fine not to exceed 10 $250. 11 (Source: P.A. 84-226.)