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HB4883 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4883
Introduced , by Rep. Brad Halbrook
SYNOPSIS AS INTRODUCED:
625 ILCS 5/15-301
from Ch. 95 1/2, par. 15-301
625 ILCS 5/15-308
from Ch. 95 1/2, par. 15-308
Amends the Permits Article of the Size, Weight, Load and Permits
Chapter of the Illinois Vehicle Code. Allows the Department of
Transportation and local authorities, with respect to highways under their
respective jurisdictions, in their discretion and upon application in
writing, to issue a special permit for limited continuous operation,
authorizing the applicant to move loads of logging products on a specified
vehicles. Provides that the fees for special permits for increased axle
loads to be used for hauling logging products is $5 per axle.
LRB104 13315 LNS 25584 b
A BILL FOR
HB4883
LRB104 13315 LNS 25584 b
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
5
changing Sections 15-301 and 15-308 as follows:
6
(625 ILCS 5/15-301)
(from Ch. 95 1/2, par. 15-301)
7
Sec. 15-301.
Permits for excess size and weight.
8
(a) The Department with respect to highways under its
9
jurisdiction and local authorities with respect to highways
10
under their jurisdiction may, in their discretion, upon
11
application and good cause being shown therefor, issue a
12
special permit authorizing the applicant to operate or move a
13
vehicle or combination of vehicles of a size or weight of
14
vehicle or load exceeding the maximum specified in this Code
15
or otherwise not in conformity with this Code upon any highway
16
under the jurisdiction of the party granting such permit and
17
for the maintenance of which the party is responsible.
18
Applications and permits other than those in written or
19
printed form may only be accepted from and issued to the
20
company or individual making the movement. Except for an
21
application to move directly across a highway, it shall be the
22
duty of the applicant to establish in the application that the
23
load to be moved by such vehicle or combination cannot
HB4883
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1
reasonably be dismantled or disassembled, the reasonableness
2
of which shall be determined by the Secretary of the
3
Department. For the purpose of over length movements, more
4
than one object may be carried side by side as long as the
5
height, width, and weight laws are not exceeded and the cause
6
for the over length is not due to multiple objects. For the
7
purpose of over height movements, more than one object may be
8
carried as long as the cause for the over height is not due to
9
multiple objects and the length, width, and weight laws are
10
not exceeded. For the purpose of an over width movement, more
11
than one object may be carried as long as the cause for the
12
over width is not due to multiple objects and length, height,
13
and weight laws are not exceeded. Except for transporting
14
fluid milk products, no State or local agency shall authorize
15
the issuance of excess size or weight permits for vehicles and
16
loads that are divisible and that can be carried, when
17
divided, within the existing size or weight maximums specified
18
in this Chapter. Any excess size or weight permit issued in
19
violation of the provisions of this Section shall be void at
20
issue and any movement made thereunder shall not be authorized
21
under the terms of the void permit. In any prosecution for a
22
violation of this Chapter when the authorization of an excess
23
size or weight permit is at issue, it is the burden of the
24
defendant to establish that the permit was valid because the
25
load to be moved could not reasonably be dismantled or
26
disassembled, or was otherwise nondivisible.
HB4883
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1
(a-1) As used in this Section, "extreme heavy duty tow and
2
recovery vehicle" means a tow truck manufactured as a unit
3
having a lifting capacity of not less than 50 tons, and having
4
either 4 axles and an unladen weight of not more than 80,000
5
pounds or 5 axles and an unladen weight not more than 90,000
6
pounds. Notwithstanding otherwise applicable gross and axle
7
weight limits, an extreme heavy duty tow and recovery vehicle
8
may lawfully travel to and from the scene of a disablement and
9
clear a disabled vehicle if the towing service has obtained an
10
extreme heavy duty tow and recovery permit for the vehicle.
11
The form and content of the permit shall be determined by the
12
Department with respect to highways under its jurisdiction and
13
by local authorities with respect to highways under their
14
jurisdiction.
15
(b) The application for any such permit shall: (1) state
16
whether such permit is requested for a single trip or for
17
limited continuous operation; (2) (blank); (3) specifically
18
describe and identify the vehicle or vehicles and load to be
19
operated or moved; (4) state the routing requested, including
20
the points of origin and destination, and may identify and
21
include a request for routing to the nearest certified scale
22
in accordance with the Department's rules and regulations,
23
provided the applicant has approval to travel on local roads;
24
and (5) (blank).
25
(c) The Department or local authority when not
26
inconsistent with traffic safety is authorized to issue or
HB4883
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LRB104 13315 LNS 25584 b
1
withhold such permit at its discretion; or, if such permit is
2
issued at its discretion to prescribe the route or routes to be
3
traveled, to limit the number of trips, to establish seasonal
4
or other time limitations within which the vehicles described
5
may be operated on the highways indicated, or otherwise to
6
limit or prescribe conditions of operations of such vehicle or
7
vehicles, when necessary to assure against undue damage to the
8
road foundations, surfaces or structures, and may require such
9
undertaking or other security as may be deemed necessary to
10
compensate for any injury to any roadway or road structure.
11
The Department shall maintain a daily record of each permit
12
issued along with the fee and the stipulated dimensions,
13
weights, conditions, and restrictions authorized and this
14
record shall be presumed correct in any case of questions or
15
dispute. The Department shall install an automatic device for
16
recording telephone conversations involving permit
17
applications. The Department and applicant waive all
18
objections to the recording of the conversation.
19
(d) The Department shall, upon application in writing from
20
any local authority, issue an annual permit authorizing the
21
local authority to move oversize highway construction,
22
transportation, utility, and maintenance equipment over roads
23
under the jurisdiction of the Department. The permit shall be
24
applicable only to equipment and vehicles owned by or
25
registered in the name of the local authority, and no fee shall
26
be charged for the issuance of such permits.
HB4883
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LRB104 13315 LNS 25584 b
1
(e) As an exception to subsection (a) of this Section, the
2
Department and local authorities, with respect to highways
3
under their respective jurisdictions, in their discretion and
4
upon application in writing, may issue a special permit for
5
limited continuous operation, authorizing the applicant to
6
move loads of agricultural commodities
or logging products
on
7
a 2-axle single vehicle registered by the Secretary of State
8
with axle loads not to exceed 35%, on a 3-axle or 4-axle
9
vehicle registered by the Secretary of State with axle loads
10
not to exceed 20%, and on a 5-axle vehicle registered by the
11
Secretary of State not to exceed 10% above those provided in
12
Section 15-111. The total gross weight of the vehicle,
13
however, may not exceed the maximum gross weight of the
14
registration class of the vehicle allowed under Section 3-815
15
or 3-818 of this Code.
16
As used in this Section
:
, "agricultural
17
"Agricultural
commodities" means:
18
(1) cultivated plants or agricultural produce grown,
19
including, but not limited to, corn, soybeans, wheat,
20
oats, grain sorghum, canola, and rice;
21
(2) livestock, including, but not limited to, hogs,
22
equine, sheep, and poultry;
23
(3) ensilage; and
24
(4) fruits and vegetables.
25
"Logging products" means any products produced from the
26
felling and bucking, yarding, or loading of timber.
HB4883
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LRB104 13315 LNS 25584 b
1
Permits may be issued for a period not to exceed 40 days
2
and moves may be made of a distance not to exceed 50 miles from
3
a field, an on-farm grain storage facility, a warehouse as
4
defined in the Grain Code, or a livestock management facility
5
as defined in the Livestock Management Facilities Act over any
6
highway except the National System of Interstate and Defense
7
Highways. The operator of the vehicle, however, must abide by
8
posted bridge and posted highway weight limits. All implements
9
of husbandry operating under this Section between sunset and
10
sunrise shall be equipped as prescribed in Section 12-205.1.
11
(e-1) A special permit shall be issued by the Department
12
under this Section and shall be required from September 1
13
through December 31 for a vehicle that exceeds the maximum
14
axle weight and gross weight limits under Section 15-111 of
15
this Code or exceeds the vehicle's registered gross weight,
16
provided that the vehicle's axle weight and gross weight do
17
not exceed 10% above the maximum limits under Section 15-111
18
of this Code and does not exceed the vehicle's registered
19
gross weight by 10%. All other restrictions that apply to
20
permits issued under this Section shall apply during the
21
declared time period and no fee shall be charged for the
22
issuance of those permits. Permits issued by the Department
23
under this subsection (e-1) are only valid on federal and
24
State highways under the jurisdiction of the Department,
25
except interstate highways. With respect to highways under the
26
jurisdiction of local authorities, the local authorities may,
HB4883
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LRB104 13315 LNS 25584 b
1
at their discretion, waive special permit requirements and set
2
a divisible load weight limit not to exceed 10% above a
3
vehicle's registered gross weight, provided that the vehicle's
4
axle weight and gross weight do not exceed 10% above the
5
maximum limits specified in Section 15-111. Permits issued
6
under this subsection (e-1) shall apply to all registered
7
vehicles eligible to obtain permits under this Section,
8
including vehicles used in private or for-hire movement of
9
divisible load agricultural commodities
or logging products
10
during the declared time period.
11
(f) The form and content of the permit shall be determined
12
by the Department with respect to highways under its
13
jurisdiction and by local authorities with respect to highways
14
under their jurisdiction. Every permit shall be in written
15
form and carried in the vehicle or combination of vehicles to
16
which it refers and shall be open to inspection by any police
17
officer or authorized agent of any authority granting the
18
permit and no person shall violate any of the terms or
19
conditions of such special permit. Violation of the terms and
20
conditions of the permit shall not be deemed a revocation of
21
the permit; however, any vehicle and load found to be off the
22
route prescribed in the permit shall be held to be operating
23
without a permit. Any off-route vehicle and load shall be
24
required to obtain a new permit or permits, as necessary, to
25
authorize the movement back onto the original permit routing.
26
No rule or regulation, nor anything herein, shall be construed
HB4883
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LRB104 13315 LNS 25584 b
1
to authorize any police officer, court, or authorized agent of
2
any authority granting the permit to remove the permit from
3
the possession of the permittee unless the permittee is
4
charged with a fraudulent permit violation as provided in
5
subsection (i). However, upon arrest for an offense of
6
violation of permit, operating without a permit when the
7
vehicle is off route, or any size or weight offense under this
8
Chapter when the permittee plans to raise the issuance of the
9
permit as a defense, the permittee, or his agent, must produce
10
the permit at any court hearing concerning the alleged
11
offense.
12
If the permit designates and includes a routing to a
13
certified scale, the permittee, while en route to the
14
designated scale, shall be deemed in compliance with the
15
weight provisions of the permit provided the axle or gross
16
weights do not exceed any of the permitted limits by more than
17
the following amounts:
18
Single axle
2000 pounds
19
Tandem axle
3000 pounds
20
Gross
5000 pounds
21
(g) The Department is authorized to adopt, amend, and make
22
available to interested persons a policy concerning reasonable
23
rules, limitations and conditions or provisions of operation
24
upon highways under its jurisdiction in addition to those
25
contained in this Section for the movement by special permit
26
of vehicles, combinations, or loads which cannot reasonably be
HB4883
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LRB104 13315 LNS 25584 b
1
dismantled or disassembled, including manufactured and modular
2
home sections and portions thereof. All rules, limitations and
3
conditions or provisions adopted in the policy shall have due
4
regard for the safety of the traveling public and the
5
protection of the highway system and shall have been
6
promulgated in conformity with the provisions of the Illinois
7
Administrative Procedure Act. The requirements of the policy
8
for flagmen and escort vehicles shall be the same for all moves
9
of comparable size and weight. When escort vehicles are
10
required, they shall meet the following requirements:
11
(1) All operators shall be 18 years of age or over and
12
properly licensed to operate the vehicle.
13
(2) Vehicles escorting oversized loads more than 12
14
feet wide must be equipped with a rotating or flashing
15
amber light mounted on top as specified under Section
16
12-215.
17
The Department shall establish reasonable rules and
18
regulations regarding liability insurance or self insurance
19
for vehicles with oversized loads promulgated under the
20
Illinois Administrative Procedure Act. Police vehicles may be
21
required for escort under circumstances as required by rules
22
and regulations of the Department.
23
(h) Violation of any rule, limitation or condition or
24
provision of any permit issued in accordance with the
25
provisions of this Section shall not render the entire permit
26
null and void but the violator shall be deemed guilty of
HB4883
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LRB104 13315 LNS 25584 b
1
violation of permit and guilty of exceeding any size, weight,
2
or load limitations in excess of those authorized by the
3
permit. The prescribed route or routes on the permit are not
4
mere rules, limitations, conditions, or provisions of the
5
permit, but are also the sole extent of the authorization
6
granted by the permit. If a vehicle and load are found to be
7
off the route or routes prescribed by any permit authorizing
8
movement, the vehicle and load are operating without a permit.
9
Any off-route movement shall be subject to the size and weight
10
maximums, under the applicable provisions of this Chapter, as
11
determined by the type or class highway upon which the vehicle
12
and load are being operated.
13
(i) Whenever any vehicle is operated or movement made
14
under a fraudulent permit, the permit shall be void, and the
15
person, firm, or corporation to whom such permit was granted,
16
the driver of such vehicle in addition to the person who issued
17
such permit and any accessory, shall be guilty of fraud and
18
either one or all persons may be prosecuted for such
19
violation. Any person, firm, or corporation committing such
20
violation shall be guilty of a Class 4 felony and the
21
Department shall not issue permits to the person, firm, or
22
corporation convicted of such violation for a period of one
23
year after the date of conviction. Penalties for violations of
24
this Section shall be in addition to any penalties imposed for
25
violation of other Sections of this Code.
26
(j) Whenever any vehicle is operated or movement made in
HB4883
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LRB104 13315 LNS 25584 b
1
violation of a permit issued in accordance with this Section,
2
the person to whom such permit was granted, or the driver of
3
such vehicle, is guilty of such violation and either, but not
4
both, persons may be prosecuted for such violation as stated
5
in this subsection (j). Any person, firm, or corporation
6
convicted of such violation shall be guilty of a petty offense
7
and shall be fined, for the first offense, not less than $50
8
nor more than $200 and, for the second offense by the same
9
person, firm, or corporation within a period of one year, not
10
less than $200 nor more than $300 and, for the third offense by
11
the same person, firm, or corporation within a period of one
12
year after the date of the first offense, not less than $300
13
nor more than $500 and the Department may, in its discretion,
14
not issue permits to the person, firm, or corporation
15
convicted of a third offense during a period of one year after
16
the date of conviction or supervision for such third offense.
17
If any violation is the cause or contributing cause in a motor
18
vehicle crash causing damage to property, injury, or death to
19
a person, the Department may, in its discretion, not issue a
20
permit to the person, firm, or corporation for a period of one
21
year after the date of conviction or supervision for the
22
offense.
23
(k) Whenever any vehicle is operated on local roads under
24
permits for excess width or length issued by local
25
authorities, such vehicle may be moved upon a State highway
26
for a distance not to exceed one-half mile without a permit for
HB4883
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LRB104 13315 LNS 25584 b
1
the purpose of crossing the State highway.
2
(l) Notwithstanding any other provision of this Section,
3
the Department, with respect to highways under its
4
jurisdiction, and local authorities, with respect to highways
5
under their jurisdiction, may at their discretion authorize
6
the movement of a vehicle in violation of any size or weight
7
requirement, or both, that would not ordinarily be eligible
8
for a permit, when there is a showing of extreme necessity that
9
the vehicle and load should be moved without unnecessary
10
delay.
11
For the purpose of this subsection, showing of extreme
12
necessity shall be limited to the following: shipments of
13
livestock, hazardous materials, liquid concrete being hauled
14
in a mobile cement mixer, or hot asphalt.
15
(m) Penalties for violations of this Section shall be in
16
addition to any penalties imposed for violating any other
17
Section of this Code.
18
(n) The Department with respect to highways under its
19
jurisdiction and local authorities with respect to highways
20
under their jurisdiction, in their discretion and upon
21
application in writing, may issue a special permit for
22
continuous limited operation, authorizing the applicant to
23
operate a tow truck that exceeds the weight limits provided
24
for in subsection (a) of Section 15-111, provided:
25
(1) no rear single axle of the tow truck exceeds
26
26,000 pounds;
HB4883
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LRB104 13315 LNS 25584 b
1
(2) no rear tandem axle of the tow truck exceeds
2
50,000 pounds;
3
(2.1) no triple rear axle on a manufactured recovery
4
unit exceeds 60,000 pounds;
5
(3) neither the disabled vehicle nor the disabled
6
combination of vehicles exceed the weight restrictions
7
imposed by this Chapter 15, or the weight limits imposed
8
under a permit issued by the Department prior to hookup;
9
(4) the tow truck prior to hookup does not exceed the
10
weight restrictions imposed by this Chapter 15;
11
(5) during the tow operation the tow truck does not
12
violate any weight restriction sign;
13
(6) the tow truck is equipped with flashing, rotating,
14
or oscillating amber lights, visible for at least 500 feet
15
in all directions;
16
(7) the tow truck is specifically designed and
17
licensed as a tow truck;
18
(8) the tow truck has a gross vehicle weight rating of
19
sufficient capacity to safely handle the load;
20
(9) the tow truck is equipped with air brakes;
21
(10) the tow truck is capable of utilizing the
22
lighting and braking systems of the disabled vehicle or
23
combination of vehicles;
24
(11) the tow commences at the initial point of wreck
25
or disablement and terminates at a point where the repairs
26
are actually to occur;
HB4883
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LRB104 13315 LNS 25584 b
1
(12) the permit issued to the tow truck is carried in
2
the tow truck and exhibited on demand by a police officer;
3
and
4
(13) the movement shall be valid only on State routes
5
approved by the Department.
6
(o) (Blank).
7
(p) In determining whether a load may be reasonably
8
dismantled or disassembled for the purpose of subsection (a),
9
the Department shall consider whether there is a significant
10
negative impact on the condition of the pavement and
11
structures along the proposed route, whether the load or
12
vehicle as proposed causes a safety hazard to the traveling
13
public, whether dismantling or disassembling the load promotes
14
or stifles economic development, and whether the proposed
15
route travels less than 5 miles. A load is not required to be
16
dismantled or disassembled for the purposes of subsection (a)
17
if the Secretary of the Department determines there will be no
18
significant negative impact to pavement or structures along
19
the proposed route, the proposed load or vehicle causes no
20
safety hazard to the traveling public, dismantling or
21
disassembling the load does not promote economic development,
22
and the proposed route travels less than 5 miles. The
23
Department may promulgate rules for the purpose of
24
establishing the divisibility of a load pursuant to subsection
25
(a). Any load determined by the Secretary to be nondivisible
26
shall otherwise comply with the existing size or weight
HB4883
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LRB104 13315 LNS 25584 b
1
maximums specified in this Chapter.
2
(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20;
3
102-124, eff. 7-23-21; 102-982, eff. 7-1-23
.)
4
(625 ILCS 5/15-308)
(from Ch. 95 1/2, par. 15-308)
5
Sec. 15-308.
Fees for overweight trucks hauling
6
agricultural commodities
or logging products
.
Fees for special
7
permits for increased axle loads to be used for hauling
8
agricultural commodities, as defined in subsection (e) of
9
Section 15-301
, or logging products, as defined in subsection
10
(e) of Section 15-301
; limited continuous operation permit
11
only, $5 per axle.
12
(Source: P.A. 93-971, eff. 8-20-04.)
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