625 ILCS 5/15-301
2021 Illinois Compiled Statutes|Chapter 625 - VEHICLES|625 ILCS 5/ - Illinois Vehicle Code.|Chapter 15 - Size, Weight, Load And Permits

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