99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB1524

Introduced , by Rep. Brian W. Stewart

SYNOPSIS AS INTRODUCED:

625 ILCS 5/15-316 from Ch. 95 1/2, par. 15-316

Amends the Illinois Vehicle Code. Allows highway commissioners to prohibit operation of trucks or other commercial vehicles, or impose weight limitations on those vehicles, on designated highways after conducting a public hearing and approving a resolution. Provides that if written notice requesting a road not be posted at a permanently reduced weight is signed by 3 persons owning land in that road district and is given to the highway commissioner who fails to change or evaluate a permanently reduced weight limit, the 3 landowners may petition the county superintendent of highways. Requires a petitioned county superintendent of highways to hold a hearing on the petitioned issue, and allows him or her to order the highway commissioner to change a posted weight limit. Provides that if the highway commissioner disobeys the order of the county superintendent, he or she is guilty of a petty offense, and subject to removal from office.

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A BILL FOR

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1 AN ACT concerning transportation.

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 changing

5 Section 15-316 as follows:

6 (625 ILCS 5/15-316) (from Ch. 95 1/2, par. 15-316)

7 Sec. 15-316. When the Department or local authority may

8 restrict right to use highways.

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 in any one calendar year,

15 whenever any said highway by reason of deterioration, rain,

16 snow, or other climate conditions will be seriously damaged or

17 destroyed unless the use of vehicles thereon is prohibited or

18 the permissible weights thereof reduced.

19 (b) The local authority enacting any such ordinance or

20 resolution shall erect or cause to be erected and maintained

21 signs designating the provision of the ordinance or resolution

22 at each end of that portion of any highway affected thereby,

23 and the ordinance or resolution shall not be effective unless

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1 and until such signs are erected and maintained.

2 (c) Local authorities, with exception of road districts as

3 provided in subsection (c-5) of this Section,with respect to

4 highways under their jurisdiction may also, by ordinance or

5 resolution, prohibit the operation of trucks or other

6 commercial vehicles, or may impose limitations as the weight

7 thereof, on designated highways, which prohibitions and

8 limitations shall be designated by appropriate signs placed on

9 such highways.

10 (c-1) (Blank).

11 (c-5) Highway commissioners, as used in the Illinois

12 Highway Code, with respect to highways under their jurisdiction

13 may, after conducting a public hearing and approving a

14 resolution, prohibit the operation of trucks or other

15 commercial vehicles, or may impose limitation on the weight

16 thereof, on designated highways, which prohibition and

17 limitation shall be designated by appropriate signs placed on

18 these highways with written approval of the county

19 superintendent of highways. If any highway commissioner fails

20 or refuses to change or evaluate a permanently reduced weight

21 limit on any road or section of a road in his or her district

22 within 10 days after he or she is given a notice in writing

23 signed by 3 persons that own land in the road district that the

24 road or section of a road should not be permanently posted at a

25 reduced weight limit, the 3 landowners whose request was not

26 complied with may petition the county superintendent of

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1 highways that the road or section thereof is in need of

2 evaluation or change of the permanently reduced weight limit by

3 the highway commissioner. The county superintendent of

4 highways shall set a day, not less than 10 nor more than 20

5 days after the petition is filed with him or her, for hearing

6 the complaint alleged in the petition, and shall post notice of

7 the hearing not less than 10 days prior to the hearing in a

8 newspaper of general circulation in the road district

9 containing the road or section of road described in the

10 petition and also by delivering a copy of the notice to the

11 commissioner or mailing a copy of the petition to the

12 commissioner. If the county superintendent of highways

13 determines as a result of the hearing that the road described

14 in the petition is in need of a change in the permanently

15 reduced weight limit by the highway commissioner of the

16 district, he or she shall order the highway commissioner of the

17 district to make any necessary change to the posted weight

18 limit. If any highway commissioner wilfully disobeys the order

19 of the county superintendent of highways issued under this

20 Section, when there are sufficient funds to permit compliance

21 with the order, he or she shall be guilty of a petty offense,

22 and shall upon proper proceedings being brought in the circuit

23 court of the county, be subject to removal from office.

24 (d) The Department shall likewise have authority as

25 hereinbefore granted to local authorities to determine by

26 resolution and to impose restrictions as to the weight of

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1 vehicles operated upon any highway under the jurisdiction of

2 said department, and such restrictions shall be effective when

3 signs giving notice thereof are erected upon the highway or

4 portion of any highway affected by such resolution.

5 (d-1) (Blank).

6 (d-2) (Blank).

7 (e) When any vehicle is operated in violation of this

8 Section, the owner or driver of the vehicle shall be deemed

9 guilty of a violation and either the owner or the driver of the

10 vehicle may be prosecuted for the violation. Any person, firm,

11 or corporation convicted of violating this Section shall be

12 fined $50 for any weight exceeding the posted limit up to the

13 axle or gross weight limit allowed a vehicle as provided for in

14 subsections (a) or (b) of Section 15-111 and $75 per every 500

15 pounds or fraction thereof for any weight exceeding that which

16 is provided for in subsections (a) or (b) of Section 15-111.

17 (f) A municipality is authorized to enforce a county weight

18 limit ordinance applying to county highways within its

19 corporate limits and is entitled to the proceeds of any fines

20 collected from the enforcement.

21 (g) An ordinance or resolution enacted by a county or

22 township pursuant to subsection (a) of this Section shall not

23 apply to cargo tank vehicles with two or three permanent axles

24 when delivering propane for emergency heating purposes if the

25 cargo tank is loaded at no more than 50 percent capacity, the

26 gross vehicle weight of the vehicle does not exceed 32,000

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1 pounds, and the driver of the cargo tank vehicle notifies the

2 appropriate agency or agencies with jurisdiction over the

3 highway before driving the vehicle on the highway pursuant to

4 this subsection. The cargo tank vehicle must have an operating

5 gauge on the cargo tank which indicates the amount of propane

6 as a percent of capacity of the cargo tank. The cargo tank must

7 have the capacity displayed on the cargo tank, or documentation

8 of the capacity of the cargo tank must be available in the

9 vehicle. For the purposes of this subsection, propane weighs

10 4.2 pounds per gallon. This subsection does not apply to

11 municipalities. Nothing in this subsection shall allow cargo

12 tank vehicles to cross bridges with posted weight restrictions

13 if the vehicle exceeds the posted weight limit.

14 (Source: P.A. 96-1337, eff. 1-1-11.)