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91_SB1298enr SB1298 Enrolled LRB9109928DHmb 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 5. 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 having a gross vehicle 17 weight rating of 8,000 pounds or more loaded with dirt, 18 aggregate, garbage, refuse, or other similar material in or 19 on any part of the vehicle other than in the cargo area. In 20 addition, no person shall operate on any highway, such 21 vehicle unless the tailgate on the vehicle is in good repair 22 and operating condition and closes securely so as to prevent 23 any load, residue, or other material from escaping. 24 (c) This Section shall not apply to the operation of 25 highway maintenance vehicles engaged in removing snow and ice 26 from the roadway, nor to implements of husbandry or other 27 farm vehicles while transporting agricultural products to or 28 from the original place of production. 29 (d) For the purpose of this Section "aggregate" shall 30 include all ores, minerals, sand, gravel, shale, coal, clay, 31 limestone or any other ore or mineral which may be mined. SB1298 Enrolled -2- LRB9109928DHmb 1 (e) Notwithstanding any other penalty, whenever a police 2 officer determines that the operator of a vehicle is in 3 violation of this Section, as evidenced by the issuance of a 4 citation for a violation of Section 15-109.1 of this Code, or 5 where a police officer determines that a dangerous condition 6 exists whereby any portion of the load may fall, sift, blow, 7 drop, or in any way escape or fall from the vehicle, the 8 police officer shall require the operator to stop the vehicle 9 in a suitable place and keep such vehicle stationary until 10 the load has either been reduced, secured, or covered with a 11 cover or tarpaulin of sufficient size to prevent any further 12 violation of this Section. 13 (f) Any violation of the provisions of this Section 14 shall be a petty offense punishable by a fine not to exceed 15 $250. 16 (Source: P.A. 84-226.)