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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB5222enr HB5222 Enrolled LRB9211478DHmg 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 re-enacting Section 6-301 and changing Sections 6-601 and 6 15-107 as follows: 7 (625 ILCS 5/6-301) (from Ch. 95 1/2, par. 6-301) 8 Sec. 6-301. Unlawful use of license or permit. 9 (a) It is a violation of this Section for any person: 10 1. To display or cause to be displayed or have in 11 his possession any cancelled, revoked or suspended 12 license or permit; 13 2. To lend his license or permit to any other 14 person or knowingly allow the use thereof by another; 15 3. To display or represent as his own any license 16 or permit issued to another; 17 4. To fail or refuse to surrender to the Secretary 18 of State or his agent or any peace officer upon his 19 lawful demand, any license or permit, which has been 20 suspended, revoked or cancelled; 21 5. To allow any unlawful use of a license or permit 22 issued to him; 23 6. To submit to an examination or to obtain the 24 services of another person to submit to an examination 25 for the purpose of obtaining a drivers license or permit 26 for some other person. 27 (b) Sentence. 28 1. Any person convicted of a violation of this 29 Section shall be guilty of a Class A misdemeanor and 30 shall be sentenced to a minimum fine of $500 or 50 hours 31 of community service, preferably at an alcohol abuse HB5222 Enrolled -2- LRB9211478DHmg 1 prevention program, if available. 2 2. Any person convicted of a second or subsequent 3 violation of this Section shall be guilty of a Class 4 4 felony. 5 3. In addition to any other sentence imposed under 6 paragraph 1 or 2 of this subsection (b), a person 7 convicted of a violation of paragraph 6 of subsection (a) 8 shall be imprisoned for not less than 7 days. 9 (c) This Section does not prohibit any lawfully 10 authorized investigative, protective, law enforcement or 11 other activity of any agency of the United States, State of 12 Illinois or any other state or political subdivision thereof. 13 (d) This Section does not apply to licenses and permits 14 invalidated under Section 6-301.3 of this Code. 15 (Source: P.A. 92-647, eff. 1-1-03.) 16 (625 ILCS 5/6-601) (from Ch. 95 1/2, par. 6-601) 17 (Text of Section from P.A. 92-622) 18 Sec. 6-601. Penalties. 19 (a) It is a petty offense for any person to violate any 20 of the provisions of this Chapter unless such violation is by 21 this Code or other law of this State declared to be a 22 misdemeanor or a felony. 23 (b) General penalties. Unless another penalty is in 24 this Code or other laws of this State, every person convicted 25 of a petty offense for the violation of any provision of this 26 Chapter shall be punished by a fine of not more than $500. 27 (c) Unlicensed driving. Except as hereinafter provided 28 a violation of Section 6-101 shall be: 29 1. A Class A misdemeanor if the person failed to 30 obtain a driver's license or permit after expiration of a 31 period of revocation. 32 2. A Class B misdemeanor if the person has been 33 issued a driver's license or permit, which has expired, HB5222 Enrolled -3- LRB9211478DHmg 1 and if the period of expiration is greater than one year; 2 or if the person has never been issued a driver's license 3 or permit, or is not qualified to obtain a driver's 4 license or permit because of his age. 5 If a licensee under this Code is convicted of violating 6 Section 6-101 for operating a motor vehicle during a time 7 when such licensee's driver's license was invalid under the 8 provisions of Section 6-110, then conviction under such 9 circumstances shall be punishable by a fine of not more than 10 $25. 11 If a licensee under this Code is convicted of violating 12 Section 6-303 for operating a motor vehicle during a time 13 when such licensee's driver's license was suspended under the 14 provisions of Section 6-306.3, then such act shall be a petty 15 offense (provided the licensee has answered the charge which 16 was the basis of the suspension under Section 6-306.3), and 17 there shall be imposed no additional like period of 18 suspension as provided in paragraph (b) of Section 6-303. 19Any person convicted of a violation of subsection 6 of20Section 6-301 shall be guilty of a Class B misdemeanor and21shall be imprisoned for not less than 7 days.22 (Source: P.A. 92-622, eff. 1-1-03.) 23 (Text of Section from P.A. 92-647) 24 Sec. 6-601. Penalties. 25 (a) It is a petty offense for any person to violate any 26 of the provisions of this Chapter unless such violation is by 27 this Code or other law of this State declared to be a 28 misdemeanor or a felony. 29 (b) General penalties. Unless another penalty is in 30 this Code or other laws of this State, every person convicted 31 of a petty offense for the violation of any provision of this 32 Chapter shall be punished by a fine of not more than $500. 33 (c) Unlicensed driving. Except as hereinafter provided 34 a violation of Section 6-101 shall be: HB5222 Enrolled -4- LRB9211478DHmg 1 1. A Class A misdemeanor if the person failed to 2 obtain a driver's license or permit after expiration of a 3 period of revocation. 4 2. A Class B misdemeanor if the person has been 5 issued a driver's license or permit, which has expired, 6 and if the period of expiration is greater than one year 76 months; or if the person has never been issued a 8 driver's license or permit, or is not qualified to obtain 9 a driver's license or permit because of his age. 10 If a licensee under this Code is convicted of violating 11 Section 6-101 for operating a motor vehicle during a time 12 when such licensee's driver's license was invalid under the 13 provisions of Section 6-110, then conviction under such 14 circumstances shall be punishable by a fine of not more than 15 $25. 16 If a licensee under this Code is convicted of violating 17 Section 6-303 for operating a motor vehicle during a time 18 when such licensee's driver's license was suspended under the 19 provisions of Section 6-306.3, then such act shall be a petty 20 offense (provided the licensee has answered the charge which 21 was the basis of the suspension under Section 6-306.3), and 22 there shall be imposed no additional like period of 23 suspension as provided in paragraph (b) of Section 6-303. 24 (Source: P.A. 92-647, eff. 1-1-03.) 25 (625 ILCS 5/15-107) (from Ch. 95 1/2, par. 15-107) 26 Sec. 15-107. Length of vehicles. 27 (a) The maximum length of a single vehicle on any 28 highway of this State may not exceed 42 feet except the 29 following: 30 (1) Semitrailers. 31 (2) Charter or regulated route buses may be up to 32 45 feet in length, not including energy absorbing 33 bumpers. HB5222 Enrolled -5- LRB9211478DHmg 1 (a-1) A motor home as defined in Section 1-145.01 may be 2 up to 45 feet in length, not including energy absorbing 3 bumpers. The length limitations described in this subsection 4 (a-1) shall be exclusive of energy-absorbing bumpers and rear 5 view mirrors. 6 (b) On all non-State highways, the maximum length of 7 vehicles in combinations is as follows: 8 (1) A truck tractor in combination with a 9 semitrailer may not exceed 55 feet overall dimension. 10 (2) A truck tractor-semitrailer-trailer may not 11 exceed 60 feet overall dimension. 12 (3) Combinations specially designed to transport 13 motor vehicles or boats may not exceed 60 feet overall 14 dimension. 15 Vehicles operating during daylight hours when 16 transporting poles, pipes, machinery, or other objects of a 17 structural nature that cannot readily be dismembered are 18 exempt from length limitations, provided that no object may 19 exceed 80 feet in length and the overall dimension of the 20 vehicle including the load may not exceed 100 feet. This 21 exemption does not apply to operation on a Saturday, Sunday, 22 or legal holiday. Legal holidays referred to in this Section 23 are the days on which the following traditional holidays are 24 celebrated: New Year's Day; Memorial Day; Independence Day; 25 Labor Day; Thanksgiving Day; and Christmas Day. 26 Vehicles and loads operated by a public utility while en 27 route to make emergency repairs to public service facilities 28 or properties are exempt from length limitations, provided 29 that during night operations every vehicle and its load must 30 be equipped with a sufficient number of clearance lamps on 31 both sides and marker lamps on the extreme ends of any 32 projecting load to clearly mark the dimensions of the load. 33 A tow truck in combination with a disabled vehicle or 34 combination of disabled vehicles, as provided in paragraph HB5222 Enrolled -6- LRB9211478DHmg 1 (6) of subsection (c) of this Section, is exempt from length 2 limitations. 3 All other combinations not listed in this subsection (b) 4 may not exceed 60 feet overall dimension. 5 (c) Combinations of vehicles may not exceed a total of 2 6 vehicles except the following: 7 (1) A truck tractor semitrailer may draw one 8 trailer. 9 (2) A truck tractor semitrailer may draw one 10 converter dolly. 11 (3) A truck tractor semitrailer may draw one 12 vehicle that is defined in Chapter 1 as special mobile 13 equipment, provided the overall dimension does not exceed 14 60 feet. 15 (4) A truck in transit may draw 3 trucks in transit 16 coupled together by the triple saddlemount method. 17 (5) Recreational vehicles consisting of 3 vehicles, 18 provided the following: 19 (A) The total overall dimension does not 20 exceed 60 feet. 21 (B) The towing vehicle is a properly 22 registered vehicle capable of towing another vehicle 23 using a fifth-wheel type assembly. 24 (C) The second vehicle in the combination of 25 vehicles is a recreational vehicle that is towed by 26 a fifth-wheel assembly. This vehicle must be 27 properly registered and must be equipped with 28 brakes, regardless of weight. 29 (D) The third vehicle must be the lightest of 30 the 3 vehicles and be a trailer or semitrailer 31 designed or used for transporting a boat, 32 all-terrain vehicle, personal watercraft, or 33 motorcycle. 34 (E) The towed vehicles may be only for the use HB5222 Enrolled -7- LRB9211478DHmg 1 of the operator of the towing vehicle. 2 (F) All vehicles must be properly equipped 3 with operating brakes and safety equipment required 4 by this Code, except the additional brake 5 requirement in subdivision (C) of this subparagraph 6 (5). 7 (6) A tow truck in combination with a disabled 8 vehicle or combination of disabled vehicles, provided the 9 towing vehicle: 10 (A) Is specifically designed as a tow truck 11 having a gross vehicle weight rating of at least 12 18,000 pounds and equipped with air brakes, provided 13 that air brakes are required only if the towing 14 vehicle is towing a vehicle, semitrailer, or 15 tractor-trailer combination that is equipped with 16 air brakes. For the purpose of this subsection, 17 gross vehicle weight rating, or GVWR, means the 18 value specified by the manufacturer as the loaded 19 weight of the tow truck. 20 (B) Is equipped with flashing, rotating, or 21 oscillating amber lights, visible for at least 500 22 feet in all directions. 23 (C) Is capable of utilizing the lighting and 24 braking systems of the disabled vehicle or 25 combination of vehicles. 26 (D) Does not engage a tow exceeding 50 highway 27 miles from the initial point of wreck or disablement 28 to a place of repair. Any additional movement of the 29 vehicles may occur only upon issuance of 30 authorization for that movement under the provisions 31 of Sections 15-301 through 15-319 of this Code. 32 The Department may by rule or regulation prescribe 33 additional requirements regarding length limitations for a 34 tow truck towing another vehicle. HB5222 Enrolled -8- LRB9211478DHmg 1 For purposes of this Section, a tow-dolly that merely 2 serves as substitute wheels for another legally licensed 3 vehicle is considered part of the licensed vehicle and not a 4 separate vehicle. 5 (d) On Class I highways there are no overall length 6 limitations on motor vehicles operating in combinations 7 provided: 8 (1) The length of a semitrailer, unladen or with 9 load, in combination with a truck tractor may not exceed 10 53 feet. 11 (2) The distance between the kingpin and the center 12 of the rear axle of a semitrailer longer than 48 feet, in 13 combination with a truck tractor, may not exceed 45 feet 14 6 inches. 15 (3) The length of a semitrailer or trailer, unladen 16 or with load, operated in a truck 17 tractor-semitrailer-trailer combination, may not exceed 18 28 feet 6 inches. 19 (4) Maxi-cube combinations, as defined in Chapter 20 1, may not exceed 65 feet overall dimension. 21 (5) Combinations of vehicles specifically designed 22 to transport motor vehicles or boats may not exceed 65 23 feet overall dimension. The length limitation is 24 inclusive of front and rear bumpers but exclusive of the 25 overhang of the transported vehicles, as provided in 26 paragraph (i) of this Section. 27 (6) Stinger steered semitrailer vehicles as defined 28 in Chapter 1, specifically designed to transport motor 29 vehicles or boats, may not exceed 75 feet overall 30 dimension. The length limitation is inclusive of front 31 and rear bumpers but exclusive of the overhang of the 32 transported vehicles, as provided in paragraph (i) of 33 this Section. 34 (7) A truck in transit transporting 3 trucks HB5222 Enrolled -9- LRB9211478DHmg 1 coupled together by the triple saddlemount method may not 2 exceed 75 feet overall dimension. 3 Vehicles operating during daylight hours when 4 transporting poles, pipes, machinery, or other objects of a 5 structural nature that cannot readily be dismembered are 6 exempt from length limitations, provided that no object may 7 exceed 80 feet in length and the overall dimension of the 8 vehicle including the load may not exceed 100 feet. This 9 exemption does not apply to operation on a Saturday, Sunday, 10 or legal holiday. Legal holidays referred to in this Section 11 are the days on which the following traditional holidays are 12 celebrated: New Year's Day; Memorial Day; Independence Day; 13 Labor Day; Thanksgiving Day; and Christmas Day. 14 Vehicles and loads operated by a public utility while en 15 route to make emergency repairs to public service facilities 16 or properties are exempt from length limitations, provided 17 that during night operations every vehicle and its load must 18 be equipped with a sufficient number of clearance lamps on 19 both sides and marker lamps on the extreme ends of any 20 projecting load to clearly mark the dimensions of the load. 21 A tow truck in combination with a disabled vehicle or 22 combination of disabled vehicles, as provided in paragraph 23 (6) of subsection (c) of this Section, is exempt from length 24 limitations. 25 The length limitations described in this paragraph (d) 26 shall be exclusive of safety and energy conservation devices, 27 such as bumpers, refrigeration units or air compressors and 28 other devices, that the Department may interpret as necessary 29 for safe and efficient operation; except that no device 30 excluded under this paragraph shall have by its design or use 31 the capability to carry cargo. 32 Section 5-35 of the Illinois Administrative Procedure Act 33 relating to procedures for rulemaking shall not apply to the 34 designation of highways under this paragraph (d). HB5222 Enrolled -10- LRB9211478DHmg 1 (e) On Class II highways there are no overall length 2 limitations on motor vehicles operating in combinations, 3 provided: 4 (1) The length of a semitrailer, unladen or with 5 load, in combination with a truck tractor, may not exceed 6 53 feet overall dimension. 7 (2) The distance between the kingpin and the center 8 of the rear axle of a semitrailer longer than 48 feet, in 9 combination with a truck tractor, may not exceed 45 feet 10 6 inches. 11 (3) A truck tractor-semitrailer-trailer combination 12 may not exceed 65 feet inoveralldimension from front 13 axle to rear axle. 14 (4) The length of a semitrailer or trailer, unladen 15 or with load, operated in a truck 16 tractor-semitrailer-trailer combination, may not exceed 17 28 feet 6 inches. 18 (5) Maxi-cube combinations, as defined in Chapter 19 1, may not exceed 65 feet overall dimension. 20 (6) A combination of vehicles, specifically 21 designed to transport motor vehicles or boats, may not 22 exceed 65 feet overall dimension. The length limitation 23 is inclusive of front and rear bumpers but exclusive of 24 the overhang of the transported vehicles, as provided in 25 paragraph (i) of this Section. 26 (7) Stinger steered semitrailer vehicles, as 27 defined in Chapter 1, specifically designed to transport 28 motor vehicles or boats, may not exceed 75 feet overall 29 dimension. The length limitation is inclusive of front 30 and rear bumpers but exclusive of the overhang of the 31 transported vehicles, as provided in paragraph (i) of 32 this Section. 33 (8) A truck in transit transporting 3 trucks 34 coupled together by the triple saddlemount method may not HB5222 Enrolled -11- LRB9211478DHmg 1 exceed 75 feet overall dimension. 2 Vehicles operating during daylight hours when 3 transporting poles, pipes, machinery, or other objects of a 4 structural nature that cannot readily be dismembered are 5 exempt from length limitations, provided that no object may 6 exceed 80 feet in length and the overall dimension of the 7 vehicle including the load may not exceed 100 feet. This 8 exemption does not apply to operation on a Saturday, Sunday, 9 or legal holiday. Legal holidays referred to in this Section 10 are the days on which the following traditional holidays are 11 celebrated: New Year's Day; Memorial Day; Independence Day; 12 Labor Day; Thanksgiving Day; and Christmas Day. 13 Vehicles and loads operated by a public utility while en 14 route to make emergency repairs to public service facilities 15 or properties are exempt from length limitations, provided 16 that during night operations every vehicle and its load must 17 be equipped with a sufficient number of clearance lamps on 18 both sides and marker lamps on the extreme ends of any 19 projecting load to clearly mark the dimensions of the load. 20 A tow truck in combination with a disabled vehicle or 21 combination of disabled vehicles, as provided in paragraph 22 (6) of subsection (c) of this Section, is exempt from length 23 limitations. 24 Local authorities and road district commissioners, with 25 respect to streets and highways under their jurisdiction, may 26 also by ordinance or resolution allow length limitations of 27 this subsection (e). 28 The length limitations described in this paragraph (e) 29 shall be exclusive of safety and energy conservation devices, 30 such as bumpers, refrigeration units or air compressors and 31 other devices, that the Department may interpret as necessary 32 for safe and efficient operation; except that no device 33 excluded under this paragraph shall have by its design or use 34 the capability to carry cargo. HB5222 Enrolled -12- LRB9211478DHmg 1 (e-1) Combinations of vehicles not exceeding 65 feet 2 overall length are allowed access as follows: 3 (1) From any State designated highway onto any 4 county, township, or municipal highway for a distance of 5 5 highway miles for the purpose of loading and unloading, 6 provided: 7 (A) The vehicle does not exceed 73,280 pounds 8 in gross weight and 8 feet 6 inches in width. 9 (B) There is no sign prohibiting that access. 10 (C) The route is not being used as a 11 thoroughfare between State designated highways. 12 (2) From any State designated highway onto any 13 county or township highway for a distance of 5 highway 14 miles or onto any municipal highway for a distance of one 15 highway mile for the purpose of food, fuel, repairs, and 16 rest, provided: 17 (A) The vehicle does not exceed 73,280 pounds 18 in gross weight and 8 feet 6 inches in width. 19 (B) There is no sign prohibiting that access. 20 (C) The route is not being used as a 21 thoroughfare between State designated highways. 22 (e-2) Except as provided in subsection (e-3), 23 combinations of vehicles over 65 feet in length, with no 24 overall length limitation except as provided in subsections 25 (d) and (e) of this Section, are allowed access as follows: 26 (1) From a Class I highway onto any street or 27 highway for a distance of one highway mile for the 28 purpose of loading, unloading, food, fuel, repairs, and 29 rest, provided there is no sign prohibiting that access. 30 (2) From a Class I or Class II highway onto any 31 State highway or any locally designated highway for a 32 distance of 5 highway miles for the purpose of loading, 33 unloading, food, fuel, repairs, and rest. 34 (e-3) Combinations of vehicles over 65 feet in length HB5222 Enrolled -13- LRB9211478DHmg 1 operated by household goods carriers, with no overall length 2 limitations except as provided in subsections (d) and (e) of 3 this Section, have unlimited access to points of loading and 4 unloading. 5 Section 5-35 of the Illinois Administrative Procedure Act 6 relating to procedures for rulemaking shall not apply to the 7 designation of highways under this paragraph (e). 8 (f) On Class III and other non-designated State 9 highways, the length limitations for vehicles in combination 10 are as follows: 11 (1) Truck tractor-semitrailer combinations, must 12 comply with either a maximum 55 feet overall wheel base 13 or a maximum 65 feet extreme overall dimension. 14 (2) Semitrailers, unladen or with load, may not 15 exceed 53 feet overall dimension. 16 (3) No truck tractor-semitrailer-trailer 17 combination may exceed 60 feet extreme overall dimension. 18 (4) The distance between the kingpin and the center 19 axle of a semitrailer longer than 48 feet, in combination 20 with a truck tractor, may not exceed 42 feet 6 inches. 21 (g) Length limitations in the preceding subsections of 22 this Section 15-107 do not apply to the following: 23 (1) Vehicles operated in the daytime, except on 24 Saturdays, Sundays, or legal holidays, when transporting 25 poles, pipe, machinery, or other objects of a structural 26 nature that cannot readily be dismembered, provided the 27 overall length of vehicle and load may not exceed 100 28 feet and no object exceeding 80 feet in length may be 29 transported unless a permit has been obtained as 30 authorized in Section 15-301. 31 (2) Vehicles and loads operated by a public utility 32 while en route to make emergency repairs to public 33 service facilities or properties, but during night 34 operation every vehicle and its load must be equipped HB5222 Enrolled -14- LRB9211478DHmg 1 with a sufficient number of clearance lamps on both sides 2 and marker lamps upon the extreme ends of any projecting 3 load to clearly mark the dimensions of the load. 4 (3) A tow truck in combination with a disabled 5 vehicle or combination of disabled vehicles, provided the 6 towing vehicle meets the following conditions: 7 (A) It is specifically designed as a tow truck 8 having a gross vehicle weight rating of at least 9 18,000 pounds and equipped with air brakes, provided 10 that air brakes are required only if the towing 11 vehicle is towing a vehicle, semitrailer, or 12 tractor-trailer combination that is equipped with 13 air brakes. 14 (B) It is equipped with flashing, rotating, or 15 oscillating amber lights, visible for at least 500 16 feet in all directions. 17 (C) It is capable of utilizing the lighting 18 and braking systems of the disabled vehicle or 19 combination of vehicles. 20 (D) It does not engage in a tow exceeding 50 21 miles from the initial point of wreck or 22 disablement. 23 The Department may by rule or regulation prescribe 24 additional requirements regarding length limitations for a 25 tow truck towing another vehicle. 26 For the purpose of this subsection, gross vehicle weight 27 rating, or GVWR, shall mean the value specified by the 28 manufacturer as the loaded weight of the tow truck. Legal 29 holidays referred to in this Section shall be specified as 30 the day on which the following traditional holidays are 31 celebrated: 32 New Year's Day; 33 Memorial Day; 34 Independence Day; HB5222 Enrolled -15- LRB9211478DHmg 1 Labor Day; 2 Thanksgiving Day; and 3 Christmas Day. 4 (h) The load upon any vehicle operated alone, or the 5 load upon the front vehicle of a combination of vehicles, 6 shall not extend more than 3 feet beyond the front wheels of 7 the vehicle or the front bumper of the vehicle if it is 8 equipped with a front bumper. The provisions of this 9 subsection (h) shall not apply to any vehicle or combination 10 of vehicles specifically designed for the collection and 11 transportation of waste, garbage, or recyclable materials 12 during the vehicle's operation in the course of collecting 13 garbage, waste, or recyclable materials if the vehicle is 14 traveling at a speed not in excess of 15 miles per hour 15 during the vehicle's operation and in the course of 16 collecting garbage, waste, or recyclable materials. However, 17 in no instance shall the load extend more than 7 feet beyond 18 the front wheels of the vehicle or the front bumper of the 19 vehicle if it is equipped with a front bumper. 20 (i) The load upon the front vehicle of a combination of 21 vehicles specifically designed to transport motor vehicles 22 shall not extend more than 3 feet beyond the foremost part of 23 the transporting vehicle and the load upon the rear 24 transporting vehicle shall not extend more than 4 feet beyond 25 the rear of the bed or body of the vehicle. This paragraph 26 shall only be applicable upon highways designated in 27 paragraphs (d) and (e) of this Section. 28 (j) Articulated vehicles comprised of 2 sections, 29 neither of which exceeds a length of 42 feet, designed for 30 the carrying of more than 10 persons, may be up to 60 feet in 31 length, not including energy absorbing bumpers, provided that 32 the vehicles are: 33 1. operated by or for any public body or motor 34 carrier authorized by law to provide public HB5222 Enrolled -16- LRB9211478DHmg 1 transportation services; or 2 2. operated in local public transportation service 3 by any other person and the municipality in which the 4 service is to be provided approved the operation of the 5 vehicle. 6 (j-1) (Blank). 7 (k) Any person who is convicted of violating this 8 Section is subject to the penalty as provided in paragraph 9 (b) of Section 15-113. 10 (l) (Blank). 11 (Source: P.A. 92-417, eff. 1-1-02; 92-766, eff. 1-1-03.) 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.