SB 26 — VEH CD-TRUCK SIZE & WEIGHT

*LRB09504239DRH24280b* SB0026 95THEngrossed GENERALLRB095 ASSEMBLY04239 StateDRH of24280 Illinoisb andAN 2008ACT SB0026concerning Introducedtransportation. 1/31/2007, by Sen.

J.

Bradley Burzynski SYNOPSIS AS INTRODUCED:

ILCS 5/15-301 from Ch.

95 1/2, par.

15-301 Amends the Illinois Vehicle Code.

Amends the Illinois Vehicle Code.

Provides that a local highway jurisdiction may issue permits for the movement, to or from a farm or other production agriculture facility, of divisible and non-divisible loads of production agriculture commodities and goods used in production agriculture that exceed posted local size and weight limits.

Provides that the permitted size and weight of these loads may not exceed the limits allowed on State highways.

Effective immediately.

LRB095 04239 DRH 24280 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB0026 LRB095 04239 DRH 24280 b AN ACT concerning transportation.

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 SB0026 Engrossed - 2 - LRB095 04239 DRH 24280 b nondivisible object that cannot reasonably be dismantled or disassembled.

(1) state whether such permit is requested for a single trip or for SB0026 Engrossed - 3 - LRB095 04239 DRH 24280 b limited continuous operation;

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 SB0026 Engrossed - 4 - LRB095 04239 DRH 24280 b 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.

(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 SB0026 Engrossed - 5 - LRB095 04239 DRH 24280 b 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.

All SB0026 Engrossed - 6 - LRB095 04239 DRH 24280 b implements of husbandry operating under this Section between sunset and sunrise shall be equipped as prescribed in Section 12-205.1.

"Production agriculture", as used in this SB0026 Engrossed - 7 - LRB095 04239 DRH 24280 b Section, is defined in Section 5-35 of the Use Tax Act.

However, upon arrest for an offense of violation of permit, operating without SB0026 Engrossed - 8 - LRB095 04239 DRH 24280 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.

The requirements SB0026 Engrossed - 9 - LRB095 04239 DRH 24280 b of the policy for flagmen and escort vehicles shall be the same for all moves of comparable size and weight.

If a vehicle and load are found to be off the route SB0026 Engrossed - 10 - LRB095 04239 DRH 24280 b or routes prescribed by any permit authorizing movement, the vehicle and load are operating without a permit.

Any person, firm or corporation convicted of such violation shall be guilty of a petty offense and shall SB0026 Engrossed - 11 - LRB095 04239 DRH 24280 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.

SB0026 Engrossed - 12 - LRB095 04239 DRH 24280 b (m) Penalties for violations of this Section shall be in addition to any penalties imposed for violating any other Section of this Code.

(6) the tow-truck is equipped with flashing, rotating, or oscillating amber lights, visible for at least 500 feet SB0026 Engrossed - 13 - LRB095 04239 DRH 24280 b in all directions;

SB0026 Engrossed - 14 - LRB095 04239 DRH 24280 b (2) no gross weight exceeds 80,000 pounds;