A. Authority: The Illinois vehicle code, 625 Illinois Compiled Statutes 5/15-101, authorizes the village to regulate the size, weight and load of vehicles moving on, upon or across any highway within the jurisdiction of the village consistent with the Illinois vehicle code except as express authority may be granted by the Illinois vehicle code.
B. Scope: This section shall only apply to vehicles moving on, upon or across any highway within the jurisdiction of the village.
C. Definitions: The provisions of this section shall be governed by the definitions set forth in the applicable provisions of the Illinois vehicle code.
D. Size, Weight And Load:
1. It is unlawful for any person to drive or move on, upon or across or for the owner to cause or knowingly permit to be driven or moved on, upon or across any highway within the jurisdiction of the village any vehicle or vehicles of a size and weight exceeding the limitations stated in this section without a village special permit, and the maximum size and weight of vehicles herein specified shall be lawful throughout the village.
2. The Illinois vehicle code, 625 Illinois Compiled Statutes 5/15-102 through 5/15-116, as amended from time to time setting forth the maximum limits of vehicle size, weight and load and applicable violations and penalties shall govern the maximum limits of vehicle size, weight and load of vehicles moving on, upon or across any highway within the jurisdiction of the village together with all applicable violations and penalties.
E. Exempt Vehicles: The provisions of this section governing size, weight and load do not apply to:
1. Fire apparatus or equipment for snow and ice removal operations owned or operated by any governmental body.
2. Highway construction, transportation, utility and maintenance equipment owned or controlled by the village.
3. Implements of husbandry, as defined in the Illinois vehicle code temporarily operated or towed in a combination upon a highway provided such combination does not consist of more than three (3) vehicles or, in the case of hauling fresh, perishable fruits or vegetables from farm to the point of first processing, not more than three (3) wagons being towed by an implement of husbandry.
4. A vehicle operated under the terms of a village special permit issued hereunder.
5. Any snow and ice removal equipment that is no more than twelve feet (12') in width, if the equipment displays flags at least eighteen inches (18") square mounted on the driver's side of the snowplow. These vehicles must be equipped with an illuminated rotating, oscillating, or flashing amber light or lights with three hundred sixty degrees (360°) of visibility, or a flashing amber strobe light or lights, mounted on the top of the cab and of sufficient intensity to be visible at five hundred feet (500') in normal sunlight. If the load on the transport vehicle blocks the visibility of the amber lighting from the rear of the vehicle, the vehicle must also be equipped with an illuminated rotating, oscillating, or flashing amber light or lights, or a flashing amber strobe light or lights, mounted on the rear of the load and of sufficient intensity to be visible at five hundred feet (500') in normal sunlight.
F. Enforcement: The village of Bensenville police department is directed to institute and maintain a program designed to prevent the use of village highways by vehicles which exceed the maximum weights allowed by this section.
G. Special Permit:
1. The village or its designee with respect to highways under its jurisdiction may, in its discretion, upon application and good cause being shown, issue a special permit authorizing the applicant to operate or move a vehicle or combination of vehicles of a size, weight or load exceeding the maximum limits specified in this section upon any village highway and for the maintenance of which the village is responsible.
2. The village or its designee shall only issue special permits to the company or individual making the movement.
3. The village special permit is nontransferable and applies only to the permittee.
4. 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 is composed of a single nondivisible object that cannot reasonably be dismantled or disassembled.
5. 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.
6. 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.
7. 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.
8. The village or its designee shall not 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 section.
9. The village or its designee shall not authorize the issuance of excess size or weight permits for vehicles and loads upon a determination that movement of such vehicles upon village highways will likely result in undue damage to village highways or bridges or when the movement constitutes an undue threat to the safety of persons within the village.
10. 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.
11. In any prosecution for a violation of this section, 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.
H. Special Permit Application:
1. The village or its designee shall only consider written applications for a village special permit in the form it prescribes that is signed by an authorized representative of the business entity or individual making the movement.
2. Applications for a village special permit shall be obtained from the village of Bensenville police department or other designated representative and shall be submitted to the Bensenville police department or other designated representative for consideration and approval.
3. The application for a village special permit shall state:
a. Name, address and phone number of the applicant and the applicant's business, name, address and phone number; and
b. Whether such permit is requested for a single trip or for limited continuous operation; and
c. 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; and
d. The description and identity of the vehicle or vehicles and load to be operated or moved except that for vehicles or vehicle combinations registered with the Illinois department of transportation as provided in the Illinois vehicle code section 15-319, only the Illinois department of transportation's (IDOT) registration number or classification need be given; and
e. The vehicle's permit number as provided by the Illinois department of transportation; and
f. The vehicle's and/or trailer's registration number, state and year; and
g. 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 Illinois department of transportation's rules and regulations; and
h. If the vehicles or loads are being transported for hire.
4. The village may issue revisions to special permits to:
a. Correct an error attributable to the village; or
b. Correct an error attributed to the applicant, discovered before the move; or
c. Adjust weights, dimension, routes, times or dates as issued on the special permit before the move is made.
5. 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.
6. The village may, when not inconsistent with traffic safety, as a condition of issuance of a special permit:
a. Prescribe the route or routes to be traveled;
b. Limit the number of trips;
c. Establish seasonal or other time limitations within which the vehicles described may be operated on the highways indicated;
d. 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;
e. Require a police escort should circumstances warrant;
f. Require such undertaking or other security as may be deemed necessary to compensate for any injury to any roadway or road structure.
7. The village 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.
8. As an exception to this subsection H, the village, with respect to highways under its jurisdiction, in its 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 two (2) axle single vehicle registered by the secretary of state with axle loads not to exceed thirty five percent (35%), on a three (3) or four (4) axle vehicle registered by the secretary of state with axle loads not to exceed twenty percent (20%), and on a five (5) axle vehicle registered by the secretary of state not to exceed ten percent (10%) above those provided in the Illinois vehicle code 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 the Illinois vehicle code section 3-815 or 3-818 as amended from time to time.
I. Special Permit Issuance; Conditions; Violations And Penalties:
1. Every special 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 village police or enforcement officer or authorized agent of the village granting the permit and no person shall violate any of the terms or conditions of such special permit.
2. Violation of the terms and conditions of the special permit shall not be deemed a revocation of the permit; however, any vehicle and load found to be off the route prescribed in the special permit shall be held to be operating without a permit.
3. 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.
4. Nothing provided in this section shall be construed to authorize any village police officer or authorized agent of the village to remove the special permit from the possession of the permittee unless the permittee is charged with a fraudulent permit violation as provided in this subsection and the Illinois vehicle code. However, upon arrest for an offense of violation of a special permit, operating without a special permit when the vehicle is off route, or any size or weight offense under this section when the permittee plans to raise the issuance of the special permit as a defense, the permittee, or his agent, must produce the special permit at any court hearing concerning the alleged offense.
5. 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 | 2,000 pounds |
Tandem axle | 3,000 pounds |
Gross | 5,000 pounds |
6. When escort vehicles are required, they shall meet the following requirements:
a. All operators shall be eighteen (18) years of age or over and properly licensed to operate the vehicle.
b. Vehicles escorting oversized loads more than twelve feet (12') wide must be equipped with a rotating or flashing amber light mounted on top as specified under the Illinois vehicle code section 12-215.
7. Violation of any rule, limitation or condition or provision of any special 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 the special permit and guilty of exceeding any size, weight or load limitations in excess of those authorized by the special permit.
8. The prescribed route or routes on the special permit are not mere rules, limitations, conditions, or provisions of the special permit, but are also the sole extent of the authorization granted by the special permit. If a vehicle and load are found to be off the route or routes prescribed by any special permit authorizing movement, the vehicle and load are operating without a special permit. Any off route movement shall be subject to the size and weight maximums, under the applicable provisions of this section.
9. Whenever any vehicle is operated or movement made under a fraudulent special permit it 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 village shall not issue special 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 applicable penalties as provided in the Illinois vehicle code as amended from time to time.
10. Whenever any vehicle is operated or movement made in violation of a special 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. 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 fifty dollars ($50.00) nor more than two hundred dollars ($200.00) and, for the second offense by the same person, firm or corporation within a period of one year, not less than two hundred dollars ($200.00) nor more than three hundred dollars ($300.00) 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 three hundred dollars ($300.00) nor more than five hundred dollars ($500.00) and the village shall not issue special permits to the person, firm or corporation convicted of a third offense during a period of one year after the date of conviction for such third offense.
11. Notwithstanding any other provision of this section, the village, with respect to highways under its jurisdiction, may at its 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 special 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.
J. Special Permit For A Tow Truck: The village, with respect to highways under its jurisdiction, in its 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 as provided for in subsection (d) of section 15-111 of the Illinois vehicle code as amended from time to time.
K. Special Permit For A Vehicle Transferring Raw Milk: The village, with respect to highways under its jurisdiction, in its discretion and upon application in writing, may issue a special permit for continuous limited operation, authorizing the applicant to transport raw milk that exceeds the weight limits provided for in subsections (b) and (f) of section 15-111 of the Illinois vehicle code as amended from time to time.
L. Special Permit Fees: The village with respect to highways under its jurisdiction shall collect a fee from the applicant for the issuance of a special permit to operate or move a vehicle or combination of vehicles or load at rates specified in the Illinois vehicle code sections 15-302 through 15-313 as amended from time to time including:
1. Transmission fees;
2. Fees for house trailer combinations, or a unit carrying roof or floor trusses;
3. Fees for legal weight but overdimension vehicles, combinations, and loads, other than house trailer combinations;
4. Fees for overweight axle loads;
5. Fees for overweight gross loads;
6. Fees for overweight trucks hauling agricultural commodities;
7. Fees for moving oversize or overweight equipment to the site of rail derailments;
8. Fees for special permits for tow trucks;
9. Fees for special permits to transport raw milk;
10. Fees for moves directly across highway;
11. Fees for buildings and special moves;
12. Fees for engineering inspections or field investigations;
13. Fees for police escort;
14. Supplemental special permit fee.
M. Payment Of Fees:
1. The village shall prescribe the time and method of payment of all appropriate fees authorized by this section.
2. The village may, at its discretion, establish credit accounts with billing to be made at intervals not exceeding one month.
3. Failure to pay invoices in full within a period of thirty (30) days after the billing date shall be sufficient cause for the village to withhold issuance of any further permits or credit to the individual, company, or subsidiary firm.
4. The village is authorized to charge a service fee of three dollars ($3.00) for a check returned for any reason. All money received by the village under the provisions of this section shall be deposited in the road fund. No refund shall be made to applicant following issuance of a permit if move is not completed.
N. Liability Concerning Highway Or Structure Damaged:
1. Any person driving any vehicle, object or contrivance upon any highway or highway structure is liable for all damage which the highway or structure may sustain as a result of any illegal operation, driving or moving of such vehicle, object or contrivance, or as a result of operating, driving, or moving any vehicle, object, or contrivance exceeding the maximum dimensions or weighing in excess of the maximum weight specified in this section but authorized by a special permit issued as provided in this section.
2. The measure of liability is the cost of repairing a facility partially damaged or the depreciated replacement cost of a facility damaged beyond repair together with all other expenses incurred by the village in providing a temporary detour, including a temporary structure, to serve the needs of traffic during the period of repair or replacement of the damaged highway or highway structure.
3. Whenever such driver is not the owner of such vehicle, object, or contrivance, but is so operating, driving, or moving the same with the express or implied permission of such owner, then the owner and driver are jointly and severally liable to the extent provided in this section.
4. Recovery may be had in a civil action brought by the village. (Ord. 41-2010, 4-13-2010)