SB 2992 — VEH CD-EXCESS WEIGHT AG EXEMPT

95 1/2, par.

(a) The Department with respect to highways under its SB2992 Engrossed - 5 - LRB099 17086 RJF 41444 b 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.

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 cannot reasonably be SB2992 - 2 - LRB099 17086 RJF 41444 b dismantled or disassembled, the reasonableness of which shall be determined by the Secretary of the Department.

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 SB2992 Engrossed - 6 - LRB099 17086 RJF 41444 b multiple objects and length, height, and weight laws are not exceeded.

(1) state SB2992 - 3 - LRB099 17086 RJF 41444 b whether such permit is requested for a single trip or for limited continuous operation;

(4) state the routing requested including the SB2992 Engrossed - 7 - LRB099 17086 RJF 41444 b 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;

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 SB2992 - 4 - LRB099 17086 RJF 41444 b 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 SB2992 Engrossed - 8 - LRB099 17086 RJF 41444 b Department shall install an automatic device for recording applications received and permits issued by telephone.

(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 SB2992 - 5 - LRB099 17086 RJF 41444 b upon application in writing may issue a special permit for limited continuous operation, authorizing the applicant to move loads of agricultural commodities on a 2 axle single vehicle registered by the Secretary of State with axle loads not to exceed 35%, on a 3 or 4 axle vehicle registered by the Secretary of State with axle loads not to exceed 20%, and on a 5 axle vehicle registered by the Secretary of State not to exceed 10% above those provided in Section 15-111.

SB2992 Engrossed - 9 - LRB099 17086 RJF 41444 b As used in this Section, "agricultural commodities" means:

The operator of the vehicle, however, must SB2992 - 6 - LRB099 17086 RJF 41444 b abide by posted bridge and posted highway weight limits.

(e-1) 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.emergencies, provided that the vehicle's axle weight and gross weight do not exceed 10% above the maximum limits specified in Section 15-111 of this Code, and does not exceed the vehicles SB2992 Engrossed - 10 - LRB099 17086 RJF 41444 b registered gross weight by 10%.

DuringAll theother declaredrestrictions harvestthat seasonapply emergency, the Governor may waive a vehicle's registered weight limitation and set a divisible load weight limit not to exceedpermits 10%issued ofunder athis vehicle'sSection registeredshall grossapply weight,during provided that the vehicle'sdeclared axletime weightperiod and grossno weightfee doshall notbe bothcharged exceedfor 10% above the maximumissuance limitsof specifiedthose inpermits. Section 15-111, provided that the weight does not exceed 20% above the limits provided in Section 15-111.

Permits issued by the Department under this subsection (e-1) are only valid on federal and State highways under the jurisdiction of the Department, except interstate highways.

the weight does not exceed 20% above the limits provided in Section 15-111.

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, and set a divisible load weight limit not to exceed 10% of a vehicle's registered gross weight, provided that the vehicle's axle weight and gross weight do not both exceed 10% above the maximum limits specified in Section 15-111.

The This permit exemptions under this subsection (e-1) exemption shall apply to all registered vehicles eligible to SB2992 - 7 - LRB099 17086 RJF 41444 b obtain permits under this Section, including commercial vehicles used in private or for-hire movement of divisible load agricultural commodities in use during the declared time period.

This subsection (e-1) shall not apply to municipalities with a population of 2,000,000 or more inhabitants.

Every permit shall be in written form SB2992 Engrossed - 11 - LRB099 17086 RJF 41444 b 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.

However, upon arrest for an offense of violation of permit, operating without SB2992 - 8 - LRB099 17086 RJF 41444 b 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 permittee, 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 SB2992 Engrossed - 12 - LRB099 17086 RJF 41444 b any of the permitted limits by more than the following amounts:

The requirements SB2992 - 9 - LRB099 17086 RJF 41444 b of the policy for flagmen and escort vehicles shall be the same for all moves of comparable size and weight.

(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 SB2992 Engrossed - 13 - LRB099 17086 RJF 41444 b 12-215.

If a vehicle and load are found to be off the route SB2992 - 10 - LRB099 17086 RJF 41444 b or routes prescribed by any permit authorizing movement, the vehicle and load are operating without a permit.

(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 SB2992 Engrossed - 14 - LRB099 17086 RJF 41444 b 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 convicted of such violation shall be guilty of a petty offense and shall SB2992 - 11 - LRB099 17086 RJF 41444 b 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.

SB2992 Engrossed - 15 - LRB099 17086 RJF 41444 b (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.

SB2992 - 12 - LRB099 17086 RJF 41444 b (m) Penalties for violations of this Section shall be in addition to any penalties imposed for violating any other Section of this Code.

(n) The Department with respect to highways under its jurisdiction and local authorities with respect to highways under their jurisdiction, in their discretion and upon application in writing, may issue a special permit for continuous limited operation, authorizing the applicant to operate a tow-truck that exceeds the weight limits provided for SB2992 Engrossed - 16 - LRB099 17086 RJF 41444 b in subsection (a) of Section 15-111, provided:

(6) the tow-truck is equipped with flashing, rotating, or oscillating amber lights, visible for at least 500 feet SB2992 - 13 - LRB099 17086 RJF 41444 b in all directions;

SB2992 Engrossed - 17 - LRB099 17086 RJF 41444 b (11) the tow commences at the initial point of wreck or disablement and terminates at a point where the repairs are actually to occur;

SB2992 - 14 - LRB099 17086 RJF 41444 b (3) permits issued by the State are good only for federal and State highways and are not applicable to interstate highways;

(p) In determining whether a load may be reasonably dismantled or disassembled for the purpose of paragraph (a), the Department shall consider whether there is a significant negative impact on the condition of the pavement and structures along the proposed route, whether the load or vehicle as SB2992 Engrossed - 18 - LRB099 17086 RJF 41444 b proposed causes a safety hazard to the traveling public, whether dismantling or disassembling the load promotes or stifles economic development and whether the proposed route travels less than 5 miles.