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| 1 | | AN ACT concerning transportation.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Illinois Vehicle Code is amended by changing |
| 5 | | Section 15-316 as follows:
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| 6 | | (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)
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| 7 | | Sec. 15-316. When the Department or local authority may |
| 8 | | restrict right to use highways.
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| 9 | | (a) Except as provided in subsection (g), local authorities |
| 10 | | with
respect to highways under their jurisdiction may by |
| 11 | | ordinance or resolution
prohibit the operation of vehicles upon |
| 12 | | any such highway or impose
restrictions as to the weight of |
| 13 | | vehicles to be operated upon any such
highway, for a total |
| 14 | | period of not to exceed 90 days, measured in either consecutive |
| 15 | | or nonconsecutive days at the discretion of local authorities, |
| 16 | | in any one calendar
year, whenever any said highway by reason |
| 17 | | of deterioration, rain, snow, or
other climate conditions will |
| 18 | | be seriously damaged or destroyed unless the
use of vehicles |
| 19 | | thereon is prohibited or the permissible weights thereof
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| 20 | | reduced.
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| 21 | | (b) The local authority
enacting any such ordinance or |
| 22 | | resolution shall erect or cause to be erected
and maintained |
| 23 | | signs designating the provision of the ordinance or resolution
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| 1 | | at each end of that portion of any highway affected thereby, |
| 2 | | and the ordinance
or resolution shall not be effective unless |
| 3 | | and until such signs are erected
and maintained.
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| 4 | | (c) Local authorities with
respect to highways under their |
| 5 | | jurisdiction may also, by ordinance or
resolution, prohibit the |
| 6 | | operation of trucks or other commercial vehicles,
or may impose |
| 7 | | limitations as the weight thereof, on designated highways, |
| 8 | | which
prohibitions and limitations shall be designated by |
| 9 | | appropriate signs placed on
such highways.
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| 10 | | (c-1) (Blank).
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| 11 | | (d) The Department shall likewise have authority as |
| 12 | | hereinbefore
granted to local authorities to
determine by |
| 13 | | resolution and to impose restrictions as to the weight of |
| 14 | | vehicles
operated upon any highway under the jurisdiction of |
| 15 | | said department, and such
restrictions shall be effective when |
| 16 | | signs giving notice thereof are erected
upon the highway or |
| 17 | | portion of any highway affected by such resolution.
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| 18 | | (d-1) (Blank).
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| 19 | | (d-2) (Blank).
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| 20 | | (e) When any vehicle is operated in violation of this |
| 21 | | Section, the owner
or driver of the vehicle shall be deemed |
| 22 | | guilty of a violation and either the
owner or the driver of the |
| 23 | | vehicle may be prosecuted for the violation. Any
person, firm, |
| 24 | | or corporation convicted of violating this Section shall be |
| 25 | | fined
$50 for any weight exceeding the posted limit up to the |
| 26 | | axle or gross weight
limit allowed a vehicle as provided for in |
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| 1 | | subsections (a) or (b) of Section
15-111 and $75 per every 500 |
| 2 | | pounds or fraction thereof for any weight
exceeding that which |
| 3 | | is provided for in subsections (a) or
(b) of Section 15-111.
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| 4 | | (f) A municipality is authorized to enforce a county weight |
| 5 | | limit
ordinance applying to county highways within its |
| 6 | | corporate limits and is
entitled to the proceeds of any fines |
| 7 | | collected from the enforcement.
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| 8 | | (g) An ordinance or resolution enacted by a county or |
| 9 | | township pursuant to subsection (a) of this Section shall not |
| 10 | | apply to cargo tank vehicles with two or three permanent axles |
| 11 | | when delivering propane for emergency heating purposes if the |
| 12 | | cargo tank is loaded at no more than 50 percent capacity, the |
| 13 | | gross vehicle weight of the vehicle does not exceed 32,000 |
| 14 | | pounds, and the driver of the cargo tank vehicle notifies the |
| 15 | | appropriate agency or agencies with jurisdiction over the |
| 16 | | highway before driving the vehicle on the highway pursuant to |
| 17 | | this subsection. The cargo tank vehicle must have an operating |
| 18 | | gauge on the cargo tank which indicates the amount of propane |
| 19 | | as a percent of capacity of the cargo tank. The cargo tank must |
| 20 | | have the capacity displayed on the cargo tank, or documentation |
| 21 | | of the capacity of the cargo tank must be available in the |
| 22 | | vehicle. For the purposes of this subsection, propane weighs |
| 23 | | 4.2 pounds per gallon. This subsection does not apply to |
| 24 | | municipalities. Nothing in this subsection shall allow cargo |
| 25 | | tank
vehicles
to cross bridges with posted weight restrictions |
| 26 | | if the vehicle exceeds the posted weight limit. |