Bill Text: IL HB5646 | 2019-2020 | 101st General Assembly | Introduced

---

Bill Title: Amends the Illinois Vehicle Code. Provides that the Department of Transportation may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon any State or local highway. Deletes language providing that local authorities may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon local highways under their jurisdiction. Makes conforming changes. Effective January 1, 2025.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5646 Detail]

Download: Illinois-2019-HB5646-Introduced.html

---

101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5646 Introduced , by Rep. Martin J. Moylan SYNOPSIS AS INTRODUCED:
625 ILCS 5/15-111 from Ch. 95 1/2, par. 15-111
625 ILCS 5/15-301 from Ch. 95 1/2, par. 15-301
Amends the Illinois Vehicle Code. Provides that the Department of Transportation may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon any State or local highway. Deletes language providing that local authorities may issue a special permit authorizing an applicant to operate or move a vehicle or combination of vehicles of a size or weight of vehicle or load exceeding the maximum specified by the Code or otherwise not in conformity with the Code upon local highways under their jurisdiction. Makes conforming changes. Effective January 1, 2025.
LRB101 17209 HEP 66612 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB5646 LRB101 17209 HEP 66612 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 15-111 and 15-301 as follows:
(625 ILCS 5/15-111) (from Ch. 95 1/2, par. 15-111)
Sec. 15-111. Wheel and axle loads and gross weights.
(a) No vehicle or combination of vehicles with pneumatic
tires may be operated, unladen or with load, when the total
weight on the road surface exceeds the following: 20,000 pounds
on a single axle; 34,000 pounds on a tandem axle with no axle
within the tandem exceeding 20,000 pounds; 80,000 pounds gross
weight for vehicle combinations of 5 or more axles; or a total
weight on a group of 2 or more consecutive axles in excess of
that weight produced by the application of the following
formula: W = 500 times the sum of (LN divided by N-1) + 12N +
36, where "W" equals overall total weight on any group of 2 or
more consecutive axles to the nearest 500 pounds, "L" equals
the distance measured to the nearest foot between extremes of
any group of 2 or more consecutive axles, and "N" equals the
number of axles in the group under consideration.
The above formula when expressed in tabular form results in
allowable loads as follows:

HB5646 - 2 - LRB101 17209 HEP 66612 b
Distance measured
to the nearest
foot between the
extremes of any Maximum weight in pounds
group of 2 or of any group of
more consecutive 2 or more consecutive axles
axles
feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 38,000* 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,500 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000

HB5646 - 3 - LRB101 17209 HEP 66612 b
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
24 54,000 58,000 63,000 68,500
25 54,500 58,500 63,500 69,000
26 55,500 59,500 64,000 69,500
27 56,000 60,000 65,000 70,000
28 57,000 60,500 65,500 71,000
29 57,500 61,500 66,000 71,500
30 58,500 62,000 66,500 72,000
31 59,000 62,500 67,500 72,500
32 60,000 63,500 68,000 73,000
33 64,000 68,500 74,000
34 64,500 69,000 74,500
35 65,500 70,000 75,000
36 66,000 70,500 75,500
37 66,500 71,000 76,000
38 67,500 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500

HB5646 - 4 - LRB101 17209 HEP 66612 b
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
*If the distance between 2 axles is 96 inches or less, the 2
axles are tandem axles and the maximum total weight may not
exceed 34,000 pounds, notwithstanding the higher limit
resulting from the application of the formula.
Vehicles not in a combination having more than 4 axles may
not exceed the weight in the table in this subsection (a) for 4
axles measured between the extreme axles of the vehicle.
Vehicles in a combination having more than 6 axles may not
exceed the weight in the table in this subsection (a) for 6
axles measured between the extreme axles of the combination.
Local authorities, with respect to streets and highways
under their jurisdiction, without additional fees, may also by
ordinance or resolution allow the weight limitations of this
subsection, provided the maximum gross weight on any one axle
shall not exceed 20,000 pounds and the maximum total weight on

HB5646 - 5 - LRB101 17209 HEP 66612 b
any tandem axle shall not exceed 34,000 pounds, on designated
highways when appropriate regulatory signs giving notice are
erected upon the street or highway or portion of any street or
highway affected by the ordinance or resolution.
The following are exceptions to the above formula:
(1) Vehicles for which a different limit is established
and posted in accordance with Section 15-316 of this Code.
(2) Vehicles for which the Department of
Transportation issues and local authorities issue
overweight permits under authority of Section 15-301 of
this Code. These vehicles are not subject to the bridge
formula.
(3) Cities having a population of more than 50,000 may
permit by ordinance axle loads on 2-axle motor vehicles 33
1/2% above those provided for herein, but the increase
shall not become effective until the city has officially
notified the Department of the passage of the ordinance and
shall not apply to those vehicles when outside of the
limits of the city, nor shall the gross weight of any
2-axle motor vehicle operating over any street of the city
exceed 40,000 pounds.
(4) Weight limitations shall not apply to vehicles
(including loads) operated by a public utility when
transporting equipment required for emergency repair of
public utility facilities or properties or water wells.
(4.5) A 3-axle or 4-axle vehicle (including when laden)

HB5646 - 6 - LRB101 17209 HEP 66612 b
operated or hired by a municipality within Cook, Lake,
McHenry, Kane, DuPage, or Will county being operated for
the purpose of performing emergency sewer repair that would
be subject to a weight limitation less than 66,000 pounds
under the formula in this subsection (a) shall have a
weight limitation of 66,000 pounds or the vehicle's gross
vehicle weight rating, whichever is less. This paragraph
(4.5) does not apply to vehicles being operated on the
National System of Interstate and Defense Highways, or to
vehicles being operated on bridges or other elevated
structures constituting a part of a highway.
(5) Two consecutive sets of tandem axles may carry a
total weight of 34,000 pounds each if the overall distance
between the first and last axles of the consecutive sets of
tandem axles is 36 feet or more, notwithstanding the lower
limit resulting from the application of the above formula.
(6) A truck, not in combination and used exclusively
for the collection of rendering materials, may, when laden,
transmit upon the road surface, except when on part of the
National System of Interstate and Defense Highways, the
following maximum weights: 22,000 pounds on a single axle;
40,000 pounds on a tandem axle.
(7) A truck not in combination, equipped with a self
compactor or an industrial roll-off hoist and roll-off
container, used exclusively for garbage, refuse, or
recycling operations, may, when laden, transmit upon the

HB5646 - 7 - LRB101 17209 HEP 66612 b
road surface, except when on part of the National System of
Interstate and Defense Highways, the following maximum
weights: 22,000 pounds on a single axle; 40,000 pounds on a
tandem axle; 40,000 pounds gross weight on a 2-axle
vehicle; 54,000 pounds gross weight on a 3-axle vehicle.
This vehicle is not subject to the bridge formula.
(7.5) A 3-axle rear discharge truck mixer registered as
a Special Hauling Vehicle, used exclusively for the mixing
and transportation of concrete in the plastic state, may,
when laden, transmit upon the road surface, except when on
part of the National System of Interstate and Defense
Highways, the following maximum weights: 22,000 pounds on
single axle; 40,000 pounds on a tandem axle; 54,000 pounds
gross weight on a 3-axle vehicle. This vehicle is not
subject to the bridge formula.
(8) Except as provided in paragraph (7.5) of this
subsection (a), tandem axles on a 3-axle truck registered
as a Special Hauling Vehicle, manufactured prior to or in
the model year of 2024 and first registered in Illinois
prior to January 1, 2025, with a distance greater than 72
inches but not more than 96 inches between any series of 2
axles, is allowed a combined weight on the series not to
exceed 36,000 pounds and neither axle of the series may
exceed 20,000 pounds. Any vehicle of this type manufactured
after the model year of 2024 or first registered in
Illinois after December 31, 2024 may not exceed a combined

HB5646 - 8 - LRB101 17209 HEP 66612 b
weight of 34,000 pounds through the series of 2 axles and
neither axle of the series may exceed 20,000 pounds.
A 3-axle combination sewer cleaning jetting vacuum
truck registered as a Special Hauling Vehicle, used
exclusively for the transportation of non-hazardous solid
waste, manufactured before or in the model year of 2014,
first registered in Illinois before January 1, 2015, may,
when laden, transmit upon the road surface, except when on
part of the National System of Interstate and Defense
Highways, the following maximum weights: 22,000 pounds on a
single axle; 40,000 pounds on a tandem axle; 54,000 pounds
gross weight on a 3-axle vehicle. This vehicle is not
subject to the bridge formula.
(9) A 4-axle truck mixer registered as a Special
Hauling Vehicle, used exclusively for the mixing and
transportation of concrete in the plastic state, and not
operated on a highway that is part of the National System
of Interstate Highways, is allowed the following maximum
weights: 20,000 pounds on any single axle; 36,000 pounds on
a series of axles greater than 72 inches but not more than
96 inches; and 34,000 pounds on any series of 2 axles
greater than 40 inches but not more than 72 inches. The
gross weight of this vehicle may not exceed the weights
allowed by the bridge formula for 4 axles. The bridge
formula does not apply to any series of 3 axles while the
vehicle is transporting concrete in the plastic state, but

HB5646 - 9 - LRB101 17209 HEP 66612 b
no axle or tandem axle of the series may exceed the maximum
weight permitted under this paragraph (9) of subsection
(a).
(10) Combinations of vehicles, registered as Special
Hauling Vehicles that include a semitrailer manufactured
prior to or in the model year of 2024, and registered in
Illinois prior to January 1, 2025, having 5 axles with a
distance of 42 feet or less between extreme axles, may not
exceed the following maximum weights: 20,000 pounds on a
single axle; 34,000 pounds on a tandem axle; and 72,000
pounds gross weight. This combination of vehicles is not
subject to the bridge formula. For all those combinations
of vehicles that include a semitrailer manufactured after
the effective date of P.A. 92-0417, the overall distance
between the first and last axles of the 2 sets of tandems
must be 18 feet 6 inches or more. Any combination of
vehicles that has had its cargo container replaced in its
entirety after December 31, 2024 may not exceed the weights
allowed by the bridge formula.
(11) The maximum weight allowed on a vehicle with
crawler type tracks is 40,000 pounds.
(12) A combination of vehicles, including a tow truck
and a disabled vehicle or disabled combination of vehicles,
that exceeds the weight restriction imposed by this Code,
may be operated on a public highway in this State provided
that neither the disabled vehicle nor any vehicle being

HB5646 - 10 - LRB101 17209 HEP 66612 b
towed nor the tow truck itself shall exceed the weight
limitations permitted under this Chapter. During the
towing operation, neither the tow truck nor the vehicle
combination shall exceed 24,000 pounds on a single rear
axle and 44,000 pounds on a tandem rear axle, provided the
towing vehicle:
(i) is specifically designed as a tow truck having
a gross vehicle weight rating of at least 18,000 pounds
and is equipped with air brakes, provided that air
brakes are required only if the towing vehicle is
towing a vehicle, semitrailer, or tractor-trailer
combination that is equipped with air brakes;
(ii) is equipped with flashing, rotating, or
oscillating amber lights, visible for at least 500 feet
in all directions;
(iii) is capable of utilizing the lighting and
braking systems of the disabled vehicle or combination
of vehicles; and
(iv) does not engage in a tow exceeding 20 miles
from the initial point of wreck or disablement. Any
additional movement of the vehicles may occur only upon
issuance of authorization for that movement under the
provisions of Sections 15-301 through 15-318 of this
Code. The towing vehicle, however, may tow any disabled
vehicle to a point where repairs are actually to occur.
This movement shall be valid only on State routes. The

HB5646 - 11 - LRB101 17209 HEP 66612 b
tower must abide by posted bridge weight limits.
(12.5) The vehicle weight limitations in this Section
do not apply to a covered heavy duty tow and recovery
vehicle. The covered heavy duty tow and recovery vehicle
license plate must cover the operating empty weight of the
covered heavy duty tow and recovery vehicle only.
(13) Upon and during a declaration of an emergency
propane supply disaster by the Governor under Section 7 of
the Illinois Emergency Management Agency Act:
(i) a truck not in combination, equipped with a
cargo tank, used exclusively for the transportation of
propane or liquefied petroleum gas may, when laden,
transmit upon the road surface, except when on part of
the National System of Interstate and Defense
Highways, the following maximum weights: 22,000 pounds
on a single axle; 40,000 pounds on a tandem axle;
40,000 pounds gross weight on a 2-axle vehicle; 54,000
pounds gross weight on a 3-axle vehicle; and
(ii) a truck when in combination with a trailer
equipped with a cargo tank used exclusively for the
transportation of propane or liquefied petroleum gas
may, when laden, transmit upon the road surface, except
when on part of the National System of Interstate and
Defense Highways, the following maximum weights:
22,000 pounds on a single axle; 40,000 pounds on a
tandem axle; 90,000 pounds gross weight on a 5-axle or

HB5646 - 12 - LRB101 17209 HEP 66612 b
6-axle vehicle.
Vehicles operating under this paragraph (13) are not
subject to the bridge formula.
(14) A vehicle or combination of vehicles that uses
natural gas or propane gas as a motor fuel may exceed the
above weight limitations by up to 2,000 pounds, the total
allowance is calculated by an amount that is equal to the
difference between the weight of the vehicle attributable
to the natural gas or propane gas tank and fueling system
carried by the vehicle, and the weight of a comparable
diesel tank and fueling system. This paragraph (14) shall
not allow a vehicle to exceed any posted weight limit on a
highway or structure.
(15) An emergency vehicle or fire apparatus that is a
vehicle designed to be used under emergency conditions to
transport personnel and equipment, and used to support the
suppression of fires and mitigation of other hazardous
situations on a Class I highway, may not exceed 86,000
pounds gross weight, or any of the following weight
allowances:
(i) 24,000 pounds on a single steering axle;
(ii) 33,500 pounds on a single drive axle;
(iii) 62,000 pounds on a tandem axle; or
(iv) 52,000 pounds on a tandem rear drive steer
axle.
(16) A bus, motor coach, or recreational vehicle may

HB5646 - 13 - LRB101 17209 HEP 66612 b
carry a total weight of 24,000 pounds on a single axle, but
may not exceed other weight provisions of this Section.
Gross weight limits shall not apply to the combination of
the tow truck and vehicles being towed. The tow truck license
plate must cover the operating empty weight of the tow truck
only. The weight of each vehicle being towed shall be covered
by a valid license plate issued to the owner or operator of the
vehicle being towed and displayed on that vehicle. If no valid
plate issued to the owner or operator of that vehicle is
displayed on that vehicle, or the plate displayed on that
vehicle does not cover the weight of the vehicle, the weight of
the vehicle shall be covered by the third tow truck plate
issued to the owner or operator of the tow truck and
temporarily affixed to the vehicle being towed. If a roll-back
carrier is registered and being used as a tow truck, however,
the license plate or plates for the tow truck must cover the
gross vehicle weight, including any load carried on the bed of
the roll-back carrier.
The Department may by rule or regulation prescribe
additional requirements. However, nothing in this Code shall
prohibit a tow truck under instructions of a police officer
from legally clearing a disabled vehicle, that may be in
violation of weight limitations of this Chapter, from the
roadway to the berm or shoulder of the highway. If in the
opinion of the police officer that location is unsafe, the
officer is authorized to have the disabled vehicle towed to the

HB5646 - 14 - LRB101 17209 HEP 66612 b
nearest place of safety.
For the purpose of this subsection, gross vehicle weight
rating, or GVWR, means the value specified by the manufacturer
as the loaded weight of the tow truck.
(b) As used in this Section, "recycling haul" or "recycling
operation" means the hauling of non-hazardous, non-special,
non-putrescible materials, such as paper, glass, cans, or
plastic, for subsequent use in the secondary materials market.
(c) No vehicle or combination of vehicles equipped with
pneumatic tires shall be operated, unladen or with load, upon
the highways of this State in violation of the provisions of
any permit issued under the provisions of Sections 15-301
through 15-318 of this Chapter.
(d) No vehicle or combination of vehicles equipped with
other than pneumatic tires may be operated, unladen or with
load, upon the highways of this State when the gross weight on
the road surface through any wheel exceeds 800 pounds per inch
width of tire tread or when the gross weight on the road
surface through any axle exceeds 16,000 pounds.
(e) No person shall operate a vehicle or combination of
vehicles over a bridge or other elevated structure constituting
part of a highway with a gross weight that is greater than the
maximum weight permitted by the Department, when the structure
is sign posted as provided in this Section.
(f) The Department upon request from any local authority
shall, or upon its own initiative may, conduct an investigation

HB5646 - 15 - LRB101 17209 HEP 66612 b
of any bridge or other elevated structure constituting a part
of a highway, and if it finds that the structure cannot with
safety to itself withstand the weight of vehicles otherwise
permissible under this Code the Department shall determine and
declare the maximum weight of vehicles that the structures can
withstand, and shall cause or permit suitable signs stating
maximum weight to be erected and maintained before each end of
the structure. No person shall operate a vehicle or combination
of vehicles over any structure with a gross weight that is
greater than the posted maximum weight.
(g) Upon the trial of any person charged with a violation
of subsection (e) or (f) of this Section, proof of the
determination of the maximum allowable weight by the Department
and the existence of the signs, constitutes conclusive evidence
of the maximum weight that can be maintained with safety to the
bridge or structure.
(Source: P.A. 99-78, eff. 7-20-15; 99-717, eff. 8-5-16;
100-366, eff. 1-1-18; 100-728, eff. 1-1-19.)
(625 ILCS 5/15-301) (from Ch. 95 1/2, par. 15-301)
Sec. 15-301. Permits for excess size and weight.
(a) The Department, with respect to State and local
highways, under its jurisdiction and local authorities with
respect to highways under their jurisdiction may, in its their
discretion, upon application and good cause being shown
therefor, issue a special permit authorizing the applicant to

HB5646 - 16 - LRB101 17209 HEP 66612 b
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 State or local 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, the Department no State or local agency shall
not authorize the issuance of excess size or weight permits for

HB5646 - 17 - LRB101 17209 HEP 66612 b
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

HB5646 - 18 - LRB101 17209 HEP 66612 b
whether such permit is requested for a single trip or for
limited continuous operation; (2) state if the applicant is an
authorized carrier under the Illinois Motor Carrier of Property
Law, if so, his certificate, registration, or permit number
issued by the Illinois Commerce Commission; (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) state if the vehicles or loads are being transported
for hire. No permits for the movement of a vehicle or load for
hire shall be issued to any applicant who is required under the
Illinois Motor Carrier of Property Law to have a certificate,
registration, or permit and does not have such certificate,
registration, or permit.
(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

HB5646 - 19 - LRB101 17209 HEP 66612 b
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
applications received and permits issued by telephone. In
making application by telephone, 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 State and
local highways under their respective jurisdictions, in its
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

HB5646 - 20 - LRB101 17209 HEP 66612 b
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

HB5646 - 21 - LRB101 17209 HEP 66612 b
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, and local 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 State and local highways

HB5646 - 22 - LRB101 17209 HEP 66612 b
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

HB5646 - 23 - LRB101 17209 HEP 66612 b
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 pounds
Tandem axle 3000 pounds
Gross 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

HB5646 - 24 - LRB101 17209 HEP 66612 b
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

HB5646 - 25 - LRB101 17209 HEP 66612 b
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

HB5646 - 26 - LRB101 17209 HEP 66612 b
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 State and local highways under
its jurisdiction, and local authorities, with respect to
highways under their jurisdiction, may at its 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

HB5646 - 27 - LRB101 17209 HEP 66612 b
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 State and local highways
under its jurisdiction and local authorities with respect to
highways under their jurisdiction, in its 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,

HB5646 - 28 - LRB101 17209 HEP 66612 b
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

HB5646 - 29 - LRB101 17209 HEP 66612 b
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. 100-70, eff. 8-11-17; 100-728, eff. 1-1-19;
100-830, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1090, eff.
1-1-19; 101-81, eff. 7-12-19; 101-547, eff. 1-1-20.)
Section 99. Effective date. This Act takes effect January
1, 2025.