§ 74.125  PERMITS FOR EXCESS SIZE AND WEIGHT.
   (A)   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 chapter or otherwise not in conformity with this chapter, 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 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 diassembled, the reasonableness of which shall be determined by the Secretary of the Department.  More than one object may be carried under permit as long as the carriage of the additional object or objects do not cause the size or weight of the vehicle or load to exceed beyond that required for carriage of the single, nondivisible object itself.  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 overwidth 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.  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.
   (B)     The application for any such permit shall:
      (1)     State whether the permit is requested for a single trip or for limited continuous operation;
      (2)     State if the applicant is an authorized carrier under ILCS Ch. 625, Act 5, § 18c-1101 et seq., 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 to travel on local roads; and
      (5)     State if the vehicles or loads are being transported for hire.
   (C)     No permits for the movement of a vehicle or load for hire shall be issued to any applicant who is required under ILCS Ch. 625, Act 5, § 18c-1101 et seq. to have a certificate, registration, or permit, and does not have the certificate, registration, or permit.
   (D)     The clerk, when not inconsistent with traffic safety, is authorized to issue or withhold a permit at his discretion; or if the permit is issued at his 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 the vehicle or vehicles, when necessary to assure against undue damage to the road foundations, surfaces, or structures, and may require 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.
   (E)   The Department shall,upon application in writing from the Clerk, issue an annual permit authorizing the Clerk 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 Clerk, and no fee shall be charged for the issuance of such permits.
   (F)     As an exception to division (A) of this section, the city, 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 sweet corn, soybeans, corn, wheat, milo, and other small grains and ensilage during the harvest season only on a two-axle single vehicle registered by the secretary of state with axle loads not to exceed 35% above those provided in § 74.110.  Permits may be issued for a period not to exceed 40 days, and moves may be made of a distance not to exceed 25 miles from a field to a specified processing plant over any highway except the National System of Interstate and Defense Highways.  All such vehicles shall be operated in the daytime except when weather or crop conditions require emergency operation at night, but with respect to night operation, every vehicle with load shall be equipped with flashing amber lights as specified under § 74.015.  Upon a declaration by the Governor that an emergency harvest situation exists, a special permit issued by the Department under this section shall not be required for September 1 through December 31 during harvest season emergencies, provided that the weight does not exceed 20% above the limits provided in § 74.110.  All other restrictions that apply to permits issued under this section shall apply during the declared time period.  With respect to highways under the jurisdiction of local authorities, the local authorities may, at their discretion, waive special permit requirements during harvest season emergencies.  This permit exemption shall apply to all vehicles eligible to obtain permits under this section, including commercial vehicles in use during the declared time period.
   (G)     The form and content of the permit shall be determined by the department with respect to highways underits jurisdiction and by the city with respect to highways under its 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 the 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 permitee is charged with a fraudulent permit violation as provided in division (I).  However, upon arrest for an offense of violation of the permit, operating without a permit when the vehicle is off route, or any size or weight offense under this chapter when the permittee plains 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 enroute to the designated scale, shall be deemed in compliance with the weight provisions of the permit providing 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
   (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 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 the permit was granted, the driver of the vehicle, in addition to the person who issued the permit and any accessory, shall be guilty of fraud and either one or all persons may be prosecuted for the violation.  Any person, firm, or corporation committing the violation shall be guilty of a class 4 felony and the violators shall be prosecuted under state law, and the person, firm, or corporation guilty of the violation shall not be issued any permits 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 chapter.
   (J)   Whenever any vehicle is operated or movement made in violation of a permit issued in accordance with this section, the person to whom the permit was granted, or the driver of the vehicle, is guilty of the violation and either, but not both, persons may be prosecuted for the violation as stated in this division.  Any person, firm, or corporation convicted of a 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 clerk shall 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 for the third offense.
   (K)   Whenever any vehicle is operated on local roads under permits for excess width or length issued by local authorities, the 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)   Penalties for violations of this section shall be in addition to any penalties imposed for violation of other sections of this chapter.
   (M)   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 § 74.110 (D), 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;
      (3)   Neither the disabled vehicle nor the disabled combination of vehicles exceed the weight restrictions imposed by ILCS Ch. 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 ILCS Ch. 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 distance of the tow does not exceed 50 miles from the point of disablement to a place of repair or safekeeping;
      (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.
(Ord. passed  - - ; Am. Ord. 7208, passed 9-23-86) Penalty, see § 70.999
Statutory reference:
   Similar provisions, see ILCS Ch. 625, Act 5, § 15-301