Public Act 90-0228 of the 90th General Assembly
Public Act 90-0228
SB818 Enrolled LRB9001363NTsb
AN ACT to amend the Illinois Vehicle Code by changing
Sections 15-301, 15-307, and 18b-105.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 15-301, 15-307, and 18b-105 as follows:
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department with respect to highways under its
jurisdiction and local authorities with respect to highways
under their jurisdiction may, in their discretion, upon
application and good cause being shown therefor, issue a
special permit authorizing the applicant to operate or move a
vehicle or combination of vehicles of a size or weight of
vehicle or load exceeding the maximum specified in this Act
or otherwise not in conformity with this Act upon any highway
under the jurisdiction of the party granting such permit and
for the maintenance of which the party is responsible.
Applications and permits other than those in written or
printed form may only be accepted from and issued to the
company or individual making the movement. Except for an
application to move directly across a highway, it shall be
the duty of the applicant to establish in the application
that the load to be moved by such vehicle or combination is
composed of a single object that cannot reasonably be
dismantled or disassembled. More than one object may be
carried under permit as long as the carriage of the
additional object or objects does not cause the size or
weight of the vehicle or load to exceed beyond that required
for carriage of the single, indivisible object itself. For
the purpose of over length movements, more than one object
may be carried side by side as long as the height, width, and
weight laws are not exceeded and the cause for the over
length is not due to multiple objects. For the purpose of
over height movements, more than one object may be carried as
long as the cause for the over height is not due to multiple
objects and the length, width, and weight laws are not
exceeded. For the purpose of an over width movement, more
than one object may be carried as long as the cause for the
over width is not due to multiple objects and length, height,
and weight laws are not exceeded. No state or local agency
shall authorize the issuance of excess size or weight permits
for vehicles and loads that are divisible and that can be
carried, when divided, within the existing size or weight
maximums specified in this Chapter. Any excess size or
weight permit issued in violation of the provisions of this
Section shall be void at issue and any movement made
thereunder shall not be authorized under the terms of the
void permit. In any prosecution for a violation of this
Chapter when the authorization of an excess size or weight
permit is at issue, it is the burden of the defendant to
establish that the permit was valid because the load to be
moved could not reasonably be dismantled or disassembled, or
was otherwise indivisible.
(b) The application for any such permit shall: (1) state
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is
an authorized carrier under the Illinois Motor Carrier of
Property Law, if so, his certificate, registration or permit
number issued by the Illinois Commerce Commission; (3)
specifically describe and identify the vehicle or vehicles
and load to be operated or moved except that for vehicles or
vehicle combinations registered by the Department as provided
in Section 15-319 of this Chapter, only the Illinois
Department of Transportation's (IDT) registration number or
classification need be given; (4) state the routing requested
including the points of origin and destination, and may
identify and include a request for routing to the nearest
certified scale in accordance with the Department's rules and
regulations, provided the applicant has approval to travel on
local roads; and (5) state if the vehicles or loads are being
transported for hire. No permits for the movement of a
vehicle or load for hire shall be issued to any applicant who
is required under the Illinois Motor Carrier of Property Law
to have a certificate, registration or permit and does not
have such certificate, registration or permit.
(c) The Department or local authority when not
inconsistent with traffic safety is authorized to issue or
withhold such permit at its discretion; or, if such permit is
issued at its discretion to prescribe the route or routes to
be traveled, to limit the number of trips, to establish
seasonal or other time limitations within which the vehicles
described may be operated on the highways indicated, or
otherwise to limit or prescribe conditions of operations of
such vehicle or vehicles, when necessary to assure against
undue damage to the road foundations, surfaces or structures,
and may require such undertaking or other security as may be
deemed necessary to compensate for any injury to any roadway
or road structure. The Department shall maintain a daily
record of each permit issued along with the fee and the
stipulated dimensions, weights, conditions and restrictions
authorized and this record shall be presumed correct in any
case of questions or dispute. The Department shall install an
automatic device for recording applications received and
permits issued by telephone. In making application by
telephone, the Department and applicant waive all objections
to the recording of the conversation.
(d) The Department shall, upon application in writing
from any local authority, issue an annual a semi-annual
permit authorizing the local authority to move oversize
highway construction, transportation, utility and maintenance
equipment over roads under the jurisdiction of the
Department. The permit shall be applicable only to equipment
and vehicles owned by or registered in the name of the local
authority, and no fee shall be charged for the issuance of
such permits.
(e) As an exception to paragraph (a) of this Section,
the Department and local authorities, with respect to
highways under their respective jurisdictions, in their
discretion and upon application in writing may issue a
special permit for limited continuous operation, authorizing
the applicant to move loads of sweet corn, soybeans, corn,
wheat, milo, other small grains and ensilage during the
harvest season only on a 2 axle single vehicle registered by
the Secretary of State with axle loads not to exceed 35%
above those provided in Section 15-111. Permits may be issued
for a period not to exceed 40 days and moves may be made of a
distance not to exceed 25 miles from a field to a specified
processing plant over any highway except the National System
of Interstate and Defense Highways. All such vehicles shall
be operated in the daytime except when weather or crop
conditions require emergency operation at night, but with
respect to such night operation, every such vehicle with load
shall be equipped with flashing amber lights as specified
under Section 12-215. Upon a declaration by the Governor that
an emergency harvest situation exists, a special permit
issued by the Department under this Section shall not be
required from September 1 through December 31 during harvest
season emergencies, provided that the weight does not exceed
20% above the limits provided in Section 15-111. All other
restrictions that apply to permits issued under this Section
shall apply during the declared time period. With respect to
highways under the jurisdiction of local authorities, the
local authorities may, at their discretion, waive special
permit requirements during harvest season emergencies. This
permit exemption shall apply to all vehicles eligible to
obtain permits under this Section, including commercial
vehicles in use during the declared time period.
(f) The form and content of the permit shall be
determined by the Department with respect to highways under
its jurisdiction and by local authorities with respect to
highways under their jurisdiction. Every permit shall be in
written form and carried in the vehicle or combination of
vehicles to which it refers and shall be open to inspection
by any police officer or authorized agent of any authority
granting the permit and no person shall violate any of the
terms or conditions of such special permit. Violation of the
terms and conditions of the permit shall not be deemed a
revocation of the permit; however, any vehicle and load found
to be off the route prescribed in the permit shall be held to
be operating without a permit. Any off route vehicle and
load shall be required to obtain a new permit or permits, as
necessary, to authorize the movement back onto the original
permit routing. No rule or regulation, nor anything herein
shall be construed to authorize any police officer, court, or
authorized agent of any authority granting the permit to
remove the permit from the possession of the permittee unless
the permittee is charged with a fraudulent permit violation
as provided in paragraph (i). However, upon arrest for an
offense of violation of permit, operating without a permit
when the vehicle is off route, or any size or weight offense
under this Chapter when the permittee plans to raise the
issuance of the permit as a defense, the permittee, or his
agent, must produce the permit at any court hearing
concerning the alleged offense.
If the permit designates and includes a routing to a
certified scale, the permitee, while enroute to the
designated scale, shall be deemed in compliance with the
weight provisions of the permit provided the axle or gross
weights do not exceed any of the permitted limits by more
than the following amounts:
Single axle 2000 pounds
Tandem axle 3000 pounds
Gross 5000 pounds
(g) The Department is authorized to adopt, amend, and to
make available to interested persons a policy concerning
reasonable rules, limitations and conditions or provisions of
operation upon highways under its jurisdiction in addition to
those contained in this Section for the movement by special
permit of vehicles, combinations, or loads which cannot
reasonably be dismantled or disassembled, including
manufactured and modular home sections and portions thereof.
All rules, limitations and conditions or provisions adopted
in the policy shall have due regard for the safety of the
traveling public and the protection of the highway system and
shall have been promulgated in conformity with the provisions
of the Illinois Administrative Procedure Act. The
requirements of the policy for flagmen and escort vehicles
shall be the same for all moves of comparable size and
weight. When escort vehicles are required, they shall meet
the following requirements:
(1) All operators shall be 18 years of age or over
and properly licensed to operate the vehicle.
(2) Vehicles escorting oversized loads more than
12-feet wide must be equipped with a rotating or flashing
amber light mounted on top as specified under Section
12-215.
The Department shall establish reasonable rules and
regulations regarding liability insurance or self insurance
for vehicles with oversized loads promulgated under The
Illinois Administrative Procedure Act. Police vehicles may be
required for escort under circumstances as required by rules
and regulations of the Department.
(h) Violation of any rule, limitation or condition or
provision of any permit issued in accordance with the
provisions of this Section shall not render the entire permit
null and void but the violator shall be deemed guilty of
violation of permit and guilty of exceeding any size, weight
or load limitations in excess of those authorized by the
permit. The prescribed route or routes on the permit are not
mere rules, limitations, conditions, or provisions of the
permit, but are also the sole extent of the authorization
granted by the permit. If a vehicle and load are found to be
off the route or routes prescribed by any permit authorizing
movement, the vehicle and load are operating without a
permit. Any off route movement shall be subject to the size
and weight maximums, under the applicable provisions of this
Chapter, as determined by the type or class highway upon
which the vehicle and load are being operated.
(i) Whenever any vehicle is operated or movement made
under a fraudulent permit the permit shall be void, and the
person, firm, or corporation to whom such permit was granted,
the driver of such vehicle in addition to the person who
issued such permit and any accessory, shall be guilty of
fraud and either one or all persons may be prosecuted for
such violation. Any person, firm, or corporation committing
such violation shall be guilty of a Class 4 felony and the
Department shall not issue permits to the person, firm or
corporation convicted of such violation for a period of one
year after the date of conviction. Penalties for violations
of this Section shall be in addition to any penalties imposed
for violation of other Sections of this Act.
(j) Whenever any vehicle is operated or movement made in
violation of a permit issued in accordance with this Section,
the person to whom such permit was granted, or the driver of
such vehicle, is guilty of such violation and either, but not
both, persons may be prosecuted for such violation as stated
in this subsection (j). Any person, firm or corporation
convicted of such violation shall be guilty of a petty
offense and shall be fined for the first offense, not less
than $50 nor more than $200 and, for the second offense by
the same person, firm or corporation within a period of one
year, not less than $200 nor more than $300 and, for the
third offense by the same person, firm or corporation within
a period of one year after the date of the first offense, not
less than $300 nor more than $500 and the Department shall
not issue permits to the person, firm or corporation
convicted of a third offense during a period of one year
after the date of conviction for such third offense.
(k) Whenever any vehicle is operated on local roads
under permits for excess width or length issued by local
authorities, such vehicle may be moved upon a State highway
for a distance not to exceed one-half mile without a permit
for the purpose of crossing the State highway.
(l) Notwithstanding any other provision of this Section,
the Department, with respect to highways under its
jurisdiction, and local authorities, with respect to highways
under their jurisdiction, may at their discretion authorize
the movement of a vehicle in violation of any size or weight
requirement, or both, that would not ordinarily be eligible
for a permit, when there is a showing of extreme necessity
that the vehicle and load should be moved without unnecessary
delay.
For the purpose of this subsection, showing of extreme
necessity shall be limited to the following: shipments of
livestock, hazardous materials, liquid concrete being hauled
in a mobile cement mixer, or hot asphalt.
(m) Penalties for violations of this Section shall be in
addition to any penalties imposed for violating any other
Section of this Code.
(Source: P.A. 88-291; 88-476; 88-670, eff. 12-2-94.)
(625 ILCS 5/15-307) (from Ch. 95 1/2, par. 15-307)
Sec. 15-307. Fees for Overweight-Gross Loads. Fees for
special permits to move vehicles, combinations of vehicles
and loads with overweight-gross loads shall be paid at the
flat rate fees established in this Section for weights in
excess of legal gross weights, by the applicant to the
Department. Single trip permits only shall be issued.
(a) With respect to fees for overweight-gross loads
listed in this Section and for overweight-axle loads listed
in Section 15-306, one fee only shall be charged, whichever
is the greater, but not for both.
(b) In lieu of the fees stated in this Section and
Section 15-306, with respect to combinations of vehicles
consisting of a 3-axle truck tractor with a tandem axle
composed of 2 consecutive axles drawing a semitrailer, or
other vehicle approved by the Department, equipped with a
tandem axle composed of 3 consecutive axles, weighing over
73,280 pounds but not more than 88,000 pounds gross weight,
the fees shall be at the following rates:
Distance Rate
For the first
45 miles $10
From 45 miles
to 90 miles 12.50
From 90 miles
to 135 miles 15.00
From 135 miles
to 180 miles 17.50
From 180 miles
to 225 miles 20.00
For each additional 45 miles
or part thereof in excess of the rate
for 225 miles, an additional 2.50
For such combinations weighing over 88,000 pounds but not
more than 100,000 pounds gross weight, the fees shall be at
the following rates:
Distance Rate
For the first
45 miles 15
From 45 miles
to 90 miles 25
From 90 miles
to 135 miles 35
From 135 miles
to 180 miles 45
From 180 miles
to 225 miles 55
For each additional
45 miles or part
thereof in excess of
the rate for 225 miles,
an additional 10
For such combination weighing over 100,000 pounds but not
more than 110,000 pounds gross weight, the fees shall be at
the following rates:
Distance Rate
For the first
45 miles $20
From 45 miles
to 90 miles 32.50
From 90 miles
to 135 miles 45
From 135 miles
to 180 miles 57.50
From 180 miles
to 225 miles 70
For each additional
45 miles or part
thereof in excess of the
rate for 225 miles
an additional 12.50
For such combinations weighing over 110,000 pounds but
not more than 120,000 pounds gross weight, the fees shall be
at the following rates:
Distance Rate
For the first
45 miles $30
From 46 miles to
90 miles 55
From 90 miles to
135 miles 80
From 135 miles to
180 miles 105
From 180 miles to
225 miles 130
For each additional
45 miles or part
thereof in excess of
the rate for 225
miles an additional 25
Payment of overweight fees for the above combinations
also shall include fees for overwidth dimensions of 4 feet or
less, overheight and overlength. Any overwidth in excess of 4
feet shall be charged an additional fee of $15.
(c) In lieu of the fees stated in this Section and
Section 15-306 of this Chapter, with respect to combinations
of vehicles consisting of a 3-axle truck tractor with a
tandem axle composed of 2 consecutive axles drawing a
semitrailer, or other vehicle approved by the Department,
equipped with a tandem axle composed of 2 consecutive axles,
weighing over 73,280 pounds but not more than 88,000 pounds
gross weight, the fees shall be at the following rates:
Distance Rate
For the first
45 miles $20
From 45 miles
to 90 miles 32.50
From 90 miles
to 135 miles 45
From 135 miles
to 180 miles 57.50
From 180 miles
to 225 miles 70
For each additional
60 miles or part
thereof in excess of
the rate for 225 miles
an additional 12.50
For such combination weighing over 88,000 pounds but not
more than 100,000 pounds gross weight, the fees shall be at
the following rates:
Distance Rate
For the first
45 miles $30
From 46 miles
to 90 miles 55
From 90 miles
to 135 miles 80
From 135 miles
to 180 miles 105
From 180 miles
to 225 miles 130
For each additional
45 miles or part
thereof in excess of
the rate for 225 miles
an additional 25
Payment of overweight fees for the above combinations
also shall include fees for overwidth dimension of 4 feet or
less, overheight and overlength. Any overwidth in excess of 4
feet shall be charged an additional overwidth fee of $15.
(d) In lieu of the fees stated in this Section and in
Section 15-306 of this Chapter, with respect to a 3 (or more)
axle mobile crane or water well-drilling vehicle consisting
of a single axle and a tandem axle or 2 tandem axle groups
composed of 2 consecutive axles each, with a distance of
extreme axles not less than 18 feet, weighing not more than
60,000 pounds gross with no single axle weighing more than
21,000 pounds, or any tandem axle group to exceed 40,000
pounds, the fees shall be at the following rates:
Distance Rate
For the first
45 miles $12.50
For each additional
45 miles or
portion thereof 9.00
For such vehicles weighing over 60,000 pounds but not
more than 68,000 pounds with no single axle weighing more
than 21,000 pounds and no tandem axle group exceeding 48,000
pounds, the fees shall be at the following rates:
Distance Rate
For the first 45 miles $20
For each additional 45 miles or portion thereof 12.50
Payment of overweight fees for the above vehicle shall
include overwidth dimension of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be
charged an additional overwidth fee of $15.
(e) In lieu of the fees stated in this Section and in
Section 15-306 of this Chapter, with respect to a 4 (or more)
axle mobile crane or water well drilling vehicle consisting
of 2 sets of tandem axles composed of 2 or more consecutive
axles each with a distance between extreme axles of not less
than 23 feet weighing not more than 72,000 pounds with axle
weights on one set of tandem axles not more than 34,000
pounds, and weight in the other set of tandem axles not to
exceed 40,000 pounds, the fees shall be at the following
rates:
Distance Rate
For the first
45 miles $15
For each additional
45 miles or
portion thereof 10
For such vehicles weighing over 72,000 pounds but not
more than 76,000 pounds with axle weights on either set of
tandem axles not more than 44,000 pounds, the fees shall be
at the following rates:
Distance Rate
For the first 45 miles $20
For each additional 45 miles or portion thereof 12.50
Payment of overweight fees for the above vehicle shall
include overwidth dimension of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be
charged an additional fee of $15.
(f) In lieu of fees stated in this Section and in
Section 15-306 of this Chapter, with respect to a two axle
mobile crane or water well-drilling vehicle consisting of 2
single axles weighing not more than 48,000 pounds with no
single axle weighing more than 25,000 pounds, the fees shall
be at the following rates:
Distance Rate
For the first 45 miles $15
For each additional 45 miles or portion thereof 10
For such vehicles weighing over 48,000 pounds but not
more than 54,000 pounds with no single axle weighing more
than 28,000 pounds, the fees shall be at the following rates:
Distance Rate
For the first 45 miles $20
For each additional 45 miles or portion thereof 12.50
Payment of overweight fees for the above vehicle shall
include overwidth dimension of 4 feet or less, overheight and
overlength. Any overwidth in excess of 4 feet shall be
charged an additional overwidth fee of $15.
(g) Fees for special permits to move vehicles,
combinations of vehicles, and loads with overweight gross
loads not included in the fee categories shall be paid by the
applicant to the Department at the rate of $50 plus 3.5 cents
per ton-mile in excess of legal weight. Single trip permits
only shall be issued for such movements.
With respect to fees for overweight gross loads not
included in the schedules specified in paragraphs (a) through
(e) of Section 15-307 and for overweight axle loads listed in
Section 15-306, one fee only shall be charged, whichever is
the greater, but not both. An additional fee in accordance
with the schedule set forth in Section 15-305 shall be
charged for each overdimension.
(Source: P.A. 84-566.)
(625 ILCS 5/18b-105) (from Ch. 95 1/2, par. 18b-105)
Sec. 18b-105. Rules and Regulations.
(a) The Department is authorized to make and adopt
reasonable rules and regulations and orders consistent with
law necessary to carry out the provisions of this Chapter.
(b) The following parts of Title 49 of the Code of
Federal Regulations, as now in effect, are hereby adopted by
reference as though they were set out in full:
Part 390-Federal Motor Carrier Safety Regulations:
General;
Part 391-Qualifications of Drivers;
Part 392-Driving of Motor Vehicles;
Part 393-Parts and Accessories Necessary for Safe
Operation;
Part 395-Hours of Service of Drivers; and
Part 396-Inspection, Repair and Maintenance.
(c) The following parts and Sections of the Federal
Motor Carrier Safety Regulations shall not apply to those
intrastate carriers, drivers or vehicles subject to
subsection (b).
(1) Section 393.93 of Part 393 for those vehicles
manufactured before June 30, 1972.
(2) Section 393.86 of Part 393 for those vehicles
which are registered as farm trucks under subsection (c)
of Section 3-815 of The Illinois Vehicle Code.
(3) (Blank). Section 396.11 of Part 396.
(4) (Blank). Paragraphs (b) and (c) of Section
396.13 of Part 396.
(5) Paragraph (b)(1) of Section 391.11 of Part 391.
(6) All of Part 395 for all agricultural movements
as defined in this Chapter, between the period of
February 15 through June 30 each year, and all farm to
market agricultural transportation as defined in this
Chapter and for grain hauling operations within a radius
of 200 air miles of the normal work reporting location.
(7) Paragraphs (b)(3) (insulin dependent diabetic)
and (b)(10) (minimum visual acuity) of Section 391.41 of
part 391, but only for any driver who immediately prior
to July 29, 1986 was eligible and licensed to operate a
motor vehicle subject to this Section and was engaged in
operating such vehicles, and who was disqualified on July
29, 1986 by the adoption of Part 391 by reason of the
application of paragraphs (b)(3) and (b)(10) of Section
391.41 with respect to a physical condition existing at
that time unless such driver has a record of accidents
which would indicate a lack of ability to operate a motor
vehicle in a safe manner.
(d) Intrastate carriers subject to the recording
provisions of Section 395.8 of Part 395 of the Federal Motor
Carrier Safety Regulations shall be exempt as established
under paragraph (1) of Section 395.8; provided, however, for
the purpose of this Code, drivers shall operate within a 150
air-mile radius of the normal work reporting location to
qualify for exempt status.
(e) Regulations adopted by the Department subsequent to
those adopted under subsection (b) hereof shall be identical
in substance to the Federal Motor Carrier Safety Regulations
of the United States Department of Transportation and adopted
in accordance with the procedures for rulemaking in Section
5-35 of the Illinois Administrative Procedure Act.
(Source: P.A. 87-829; 88-45; 88-476.)
Section 99. Effective date. This Act takes effect upon
becoming law.