HB 4883

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Full Text of HB4883
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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,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by
5changing 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
9jurisdiction and local authorities with respect to highways
10under their jurisdiction may, in their discretion, upon
11application and good cause being shown therefor, issue a
12special permit authorizing the applicant to operate or move a
13vehicle or combination of vehicles of a size or weight of
14vehicle or load exceeding the maximum specified in this Code
15or otherwise not in conformity with this Code upon any highway
16under the jurisdiction of the party granting such permit and
17for the maintenance of which the party is responsible.
18Applications and permits other than those in written or
19printed form may only be accepted from and issued to the
20company or individual making the movement. Except for an
21application to move directly across a highway, it shall be the
22duty of the applicant to establish in the application that the
23load to be moved by such vehicle or combination cannot
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1reasonably be dismantled or disassembled, the reasonableness
2of which shall be determined by the Secretary of the
3Department. For the purpose of over length movements, more
4than one object may be carried side by side as long as the
5height, width, and weight laws are not exceeded and the cause
6for the over length is not due to multiple objects. For the
7purpose of over height movements, more than one object may be
8carried as long as the cause for the over height is not due to
9multiple objects and the length, width, and weight laws are
10not exceeded. For the purpose of an over width movement, more
11than one object may be carried as long as the cause for the
12over width is not due to multiple objects and length, height,
13and weight laws are not exceeded. Except for transporting
14fluid milk products, no State or local agency shall authorize
15the issuance of excess size or weight permits for vehicles and
16loads that are divisible and that can be carried, when
17divided, within the existing size or weight maximums specified
18in this Chapter. Any excess size or weight permit issued in
19violation of the provisions of this Section shall be void at
20issue and any movement made thereunder shall not be authorized
21under the terms of the void permit. In any prosecution for a
22violation of this Chapter when the authorization of an excess
23size or weight permit is at issue, it is the burden of the
24defendant to establish that the permit was valid because the
25load to be moved could not reasonably be dismantled or
26disassembled, or was otherwise nondivisible.
		HB4883	- 3 -	LRB104 13315 LNS 25584 b
1    (a-1) As used in this Section, "extreme heavy duty tow and
2recovery vehicle" means a tow truck manufactured as a unit
3having a lifting capacity of not less than 50 tons, and having
4either 4 axles and an unladen weight of not more than 80,000
5pounds or 5 axles and an unladen weight not more than 90,000
6pounds. Notwithstanding otherwise applicable gross and axle
7weight limits, an extreme heavy duty tow and recovery vehicle
8may lawfully travel to and from the scene of a disablement and
9clear a disabled vehicle if the towing service has obtained an
10extreme heavy duty tow and recovery permit for the vehicle.
11The form and content of the permit shall be determined by the
12Department with respect to highways under its jurisdiction and
13by local authorities with respect to highways under their
14jurisdiction.
15    (b) The application for any such permit shall: (1) state
16whether such permit is requested for a single trip or for
17limited continuous operation; (2) (blank); (3) specifically
18describe and identify the vehicle or vehicles and load to be
19operated or moved; (4) state the routing requested, including
20the points of origin and destination, and may identify and
21include a request for routing to the nearest certified scale
22in accordance with the Department's rules and regulations,
23provided the applicant has approval to travel on local roads;
24and (5) (blank).
25    (c) The Department or local authority when not
26inconsistent with traffic safety is authorized to issue or
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1withhold such permit at its discretion; or, if such permit is
2issued at its discretion to prescribe the route or routes to be
3traveled, to limit the number of trips, to establish seasonal
4or other time limitations within which the vehicles described
5may be operated on the highways indicated, or otherwise to
6limit or prescribe conditions of operations of such vehicle or
7vehicles, when necessary to assure against undue damage to the
8road foundations, surfaces or structures, and may require such
9undertaking or other security as may be deemed necessary to
10compensate for any injury to any roadway or road structure.
11The Department shall maintain a daily record of each permit
12issued along with the fee and the stipulated dimensions,
13weights, conditions, and restrictions authorized and this
14record shall be presumed correct in any case of questions or
15dispute. The Department shall install an automatic device for
16recording telephone conversations involving permit
17applications. The Department and applicant waive all
18objections to the recording of the conversation.
19    (d) The Department shall, upon application in writing from
20any local authority, issue an annual permit authorizing the
21local authority to move oversize highway construction,
22transportation, utility, and maintenance equipment over roads
23under the jurisdiction of the Department. The permit shall be
24applicable only to equipment and vehicles owned by or
25registered in the name of the local authority, and no fee shall
26be charged for the issuance of such permits.
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1    (e) As an exception to subsection (a) of this Section, the
2Department and local authorities, with respect to highways
3under their respective jurisdictions, in their discretion and
4upon application in writing, may issue a special permit for
5limited continuous operation, authorizing the applicant to
6move loads of agricultural commodities or logging products on
7a 2-axle single vehicle registered by the Secretary of State
8with axle loads not to exceed 35%, on a 3-axle or 4-axle
9vehicle registered by the Secretary of State with axle loads
10not to exceed 20%, and on a 5-axle vehicle registered by the
11Secretary of State not to exceed 10% above those provided in
12Section 15-111. The total gross weight of the vehicle,
13however, may not exceed the maximum gross weight of the
14registration class of the vehicle allowed under Section 3-815
15or 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 
26felling and bucking, yarding, or loading of timber.
		HB4883	- 6 -	LRB104 13315 LNS 25584 b
1    Permits may be issued for a period not to exceed 40 days
2and moves may be made of a distance not to exceed 50 miles from
3a field, an on-farm grain storage facility, a warehouse as
4defined in the Grain Code, or a livestock management facility
5as defined in the Livestock Management Facilities Act over any
6highway except the National System of Interstate and Defense
7Highways. The operator of the vehicle, however, must abide by
8posted bridge and posted highway weight limits. All implements
9of husbandry operating under this Section between sunset and
10sunrise shall be equipped as prescribed in Section 12-205.1.
11    (e-1) A special permit shall be issued by the Department
12under this Section and shall be required from September 1
13through December 31 for a vehicle that exceeds the maximum
14axle weight and gross weight limits under Section 15-111 of
15this Code or exceeds the vehicle's registered gross weight,
16provided that the vehicle's axle weight and gross weight do
17not exceed 10% above the maximum limits under Section 15-111
18of this Code and does not exceed the vehicle's registered
19gross weight by 10%. All other restrictions that apply to
20permits issued under this Section shall apply during the
21declared time period and no fee shall be charged for the
22issuance of those permits. Permits issued by the Department
23under this subsection (e-1) are only valid on federal and
24State highways under the jurisdiction of the Department,
25except interstate highways. With respect to highways under the
26jurisdiction of local authorities, the local authorities may,
		HB4883	- 7 -	LRB104 13315 LNS 25584 b
1at their discretion, waive special permit requirements and set
2a divisible load weight limit not to exceed 10% above a
3vehicle's registered gross weight, provided that the vehicle's
4axle weight and gross weight do not exceed 10% above the
5maximum limits specified in Section 15-111. Permits issued
6under this subsection (e-1) shall apply to all registered
7vehicles eligible to obtain permits under this Section,
8including vehicles used in private or for-hire movement of
9divisible load agricultural commodities or logging products
10during the declared time period.
11    (f) The form and content of the permit shall be determined
12by the Department with respect to highways under its
13jurisdiction and by local authorities with respect to highways
14under their jurisdiction. Every permit shall be in written
15form and carried in the vehicle or combination of vehicles to
16which it refers and shall be open to inspection by any police
17officer or authorized agent of any authority granting the
18permit and no person shall violate any of the terms or
19conditions of such special permit. Violation of the terms and
20conditions of the permit shall not be deemed a revocation of
21the permit; however, any vehicle and load found to be off the
22route prescribed in the permit shall be held to be operating
23without a permit. Any off-route vehicle and load shall be
24required to obtain a new permit or permits, as necessary, to
25authorize the movement back onto the original permit routing.
26No rule or regulation, nor anything herein, shall be construed
		HB4883	- 8 -	LRB104 13315 LNS 25584 b
1to authorize any police officer, court, or authorized agent of
2any authority granting the permit to remove the permit from
3the possession of the permittee unless the permittee is
4charged with a fraudulent permit violation as provided in
5subsection (i). However, upon arrest for an offense of
6violation of permit, operating without a permit when the
7vehicle is off route, or any size or weight offense under this
8Chapter when the permittee plans to raise the issuance of the
9permit as a defense, the permittee, or his agent, must produce
10the permit at any court hearing concerning the alleged
11offense.
12    If the permit designates and includes a routing to a
13certified scale, the permittee, while en route to the
14designated scale, shall be deemed in compliance with the
15weight provisions of the permit provided the axle or gross
16weights do not exceed any of the permitted limits by more than
17the 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
22available to interested persons a policy concerning reasonable
23rules, limitations and conditions or provisions of operation
24upon highways under its jurisdiction in addition to those
25contained in this Section for the movement by special permit
26of vehicles, combinations, or loads which cannot reasonably be
		HB4883	- 9 -	LRB104 13315 LNS 25584 b
1dismantled or disassembled, including manufactured and modular
2home sections and portions thereof. All rules, limitations and
3conditions or provisions adopted in the policy shall have due
4regard for the safety of the traveling public and the
5protection of the highway system and shall have been
6promulgated in conformity with the provisions of the Illinois
7Administrative Procedure Act. The requirements of the policy
8for flagmen and escort vehicles shall be the same for all moves
9of comparable size and weight. When escort vehicles are
10required, 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
18regulations regarding liability insurance or self insurance
19for vehicles with oversized loads promulgated under the
20Illinois Administrative Procedure Act. Police vehicles may be
21required for escort under circumstances as required by rules
22and regulations of the Department.
23    (h) Violation of any rule, limitation or condition or
24provision of any permit issued in accordance with the
25provisions of this Section shall not render the entire permit
26null and void but the violator shall be deemed guilty of
		HB4883	- 10 -	LRB104 13315 LNS 25584 b
1violation of permit and guilty of exceeding any size, weight,
2or load limitations in excess of those authorized by the
3permit. The prescribed route or routes on the permit are not
4mere rules, limitations, conditions, or provisions of the
5permit, but are also the sole extent of the authorization
6granted by the permit. If a vehicle and load are found to be
7off the route or routes prescribed by any permit authorizing
8movement, the vehicle and load are operating without a permit.
9Any off-route movement shall be subject to the size and weight
10maximums, under the applicable provisions of this Chapter, as
11determined by the type or class highway upon which the vehicle
12and load are being operated.
13    (i) Whenever any vehicle is operated or movement made
14under a fraudulent permit, the permit shall be void, and the
15person, firm, or corporation to whom such permit was granted,
16the driver of such vehicle in addition to the person who issued
17such permit and any accessory, shall be guilty of fraud and
18either one or all persons may be prosecuted for such
19violation. Any person, firm, or corporation committing such
20violation shall be guilty of a Class 4 felony and the
21Department shall not issue permits to the person, firm, or
22corporation convicted of such violation for a period of one
23year after the date of conviction. Penalties for violations of
24this Section shall be in addition to any penalties imposed for
25violation of other Sections of this Code.
26    (j) Whenever any vehicle is operated or movement made in
		HB4883	- 11 -	LRB104 13315 LNS 25584 b
1violation of a permit issued in accordance with this Section,
2the person to whom such permit was granted, or the driver of
3such vehicle, is guilty of such violation and either, but not
4both, persons may be prosecuted for such violation as stated
5in this subsection (j). Any person, firm, or corporation
6convicted of such violation shall be guilty of a petty offense
7and shall be fined, for the first offense, not less than $50
8nor more than $200 and, for the second offense by the same
9person, firm, or corporation within a period of one year, not
10less than $200 nor more than $300 and, for the third offense by
11the same person, firm, or corporation within a period of one
12year after the date of the first offense, not less than $300
13nor more than $500 and the Department may, in its discretion,
14not issue permits to the person, firm, or corporation
15convicted of a third offense during a period of one year after
16the date of conviction or supervision for such third offense.
17If any violation is the cause or contributing cause in a motor
18vehicle crash causing damage to property, injury, or death to
19a person, the Department may, in its discretion, not issue a
20permit to the person, firm, or corporation for a period of one
21year after the date of conviction or supervision for the
22offense.
23    (k) Whenever any vehicle is operated on local roads under
24permits for excess width or length issued by local
25authorities, such vehicle may be moved upon a State highway
26for a distance not to exceed one-half mile without a permit for
		HB4883	- 12 -	LRB104 13315 LNS 25584 b
1the purpose of crossing the State highway.
2    (l) Notwithstanding any other provision of this Section,
3the Department, with respect to highways under its
4jurisdiction, and local authorities, with respect to highways
5under their jurisdiction, may at their discretion authorize
6the movement of a vehicle in violation of any size or weight
7requirement, or both, that would not ordinarily be eligible
8for a permit, when there is a showing of extreme necessity that
9the vehicle and load should be moved without unnecessary
10delay.
11    For the purpose of this subsection, showing of extreme
12necessity shall be limited to the following: shipments of
13livestock, hazardous materials, liquid concrete being hauled
14in a mobile cement mixer, or hot asphalt.
15    (m) Penalties for violations of this Section shall be in
16addition to any penalties imposed for violating any other
17Section of this Code.
18    (n) The Department with respect to highways under its
19jurisdiction and local authorities with respect to highways
20under their jurisdiction, in their discretion and upon
21application in writing, may issue a special permit for
22continuous limited operation, authorizing the applicant to
23operate a tow truck that exceeds the weight limits provided
24for in subsection (a) of Section 15-111, provided:
25        (1) no rear single axle of the tow truck exceeds
26    26,000 pounds;
		HB4883	- 13 -	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	- 14 -	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
8dismantled or disassembled for the purpose of subsection (a),
9the Department shall consider whether there is a significant
10negative impact on the condition of the pavement and
11structures along the proposed route, whether the load or
12vehicle as proposed causes a safety hazard to the traveling
13public, whether dismantling or disassembling the load promotes
14or stifles economic development, and whether the proposed
15route travels less than 5 miles. A load is not required to be
16dismantled or disassembled for the purposes of subsection (a)
17if the Secretary of the Department determines there will be no
18significant negative impact to pavement or structures along
19the proposed route, the proposed load or vehicle causes no
20safety hazard to the traveling public, dismantling or
21disassembling the load does not promote economic development,
22and the proposed route travels less than 5 miles. The
23Department may promulgate rules for the purpose of
24establishing the divisibility of a load pursuant to subsection
25(a). Any load determined by the Secretary to be nondivisible
26shall otherwise comply with the existing size or weight
		HB4883	- 15 -	LRB104 13315 LNS 25584 b
1maximums specified in this Chapter.
2(Source: P.A. 101-81, eff. 7-12-19; 101-547, eff. 1-1-20;
3102-124, 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
6agricultural commodities or logging products. Fees for special
7permits for increased axle loads to be used for hauling
8agricultural commodities, as defined in subsection (e) of
9Section 15-301, or logging products, as defined in subsection 
10(e) of Section 15-301; limited continuous operation permit
11only, $5 per axle.
12(Source: P.A. 93-971, eff. 8-20-04.)