A. Definitions: For purposes of this section, the following definitions apply:
LIMITED CONTINUOUS USE MOVEMENTS: Movements generally to one site over a period of three (3) months made by oversized vehicles which do not exceed the weight limits set forth in subsection B of this section. Limited continuous use permits may be issued for up to ten (10) trips, generally to the same site during the time period allowed.
MULTIPLE MOVEMENTS: Those movements by a single permittee involving trips in close proximity to each other in distance and in time. The village's police department may, in its sole discretion, consider such multiple movements under a single permit. Such a multiple move permit, when granted by the police department, may not exceed a thirty (30) day period of time. The precise routes and times must be identified prior to obtaining a permit.
ONE-WAY OR SINGLE TRIP MOVEMENT: One move from the point of origin to the point of destination. Stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are effective for five (5) consecutive days from the date of issuance unless otherwise directed by the Hawthorn Woods police department.
ROUND TRIP MOVEMENT: A trip from point of origin to the point of destination and back to point of origin over the same route. Round trip permits are effective for ten (10) consecutive days from the date of issuance.
B. Permits Required:
1. A permit issued by the village shall be required for the movement of any vehicle on a roadway or bridge owned and maintained by the village which exceed the following limits:
a. Maximum gross weight of more than six (6) tons.
b. Maximum length of more than fifty five feet (55').
c. Maximum width of more than eight feet (8').
d. Maximum height of more than thirteen feet six inches (13'6").
This shall apply to any single vehicle or series of vehicles pulled by a single tractor. With respect to those roadways and bridges under construction, road closures with or without signage do not exempt overweight and/or oversized movements from permit requirements when any traffic is allowed through construction zone(s) and when the movement is made by applicant(s) not performing construction on the roadway closed. In an emergency declared by resolution of the village, the requirements to obtain permits may be waived.
2. The following are exempt from permits:
a. Fire department vehicles;
b. Vehicles operating under an emergency declaration;
c. Village owned vehicles;
d. Vehicles engaged in emergency utility repair;
e. Equipment used for snow and ice removal, owned or operated by any governmental body;
f. Refuse trucks (state nondesignated highway weight limits apply); and
g. Utility vehicles.
3. Permits shall be issued only in the name of a person, firm, business, or corporation that owns and operates the transporting vehicle or that operates the vehicle under a bona fide lease agreement.
4. Permits for vehicles that are both overweight and oversized are valid only one-half (1/2) hour before sunrise until one-half (1/2) hour after sunset, on any day for which the permit is valid.
5. Permits are nontransferable and apply only to the permittee.
6. The village may issue revisions to permits:
a. To correct an error attributed to the village;
b. To correct an error attributed to the applicant, discovered before the move; or
c. To adjust weights, dimension or routes as issued on the permit, before the move is made.
Any revisions made at the request of the permittee for purposes of changing weights, dimensions, routes or load description shall be made before any move is made at a cost of twenty dollars ($20.00) per permit.
7. The permit, when issued, constitutes an agreement between the permittee and the village that the move described in the application will take place only as described. The permittee has the responsibility to report to the village's police department any inaccuracies or errors on the part of either the village or the permittee before starting any move. Undertaking the move is prima facie evidence of acceptance of the permit as issued and its terms.
8. The routing prescribed in the permit constitutes the sole extent of the authority granted by the permit for the use of village roads, and any vehicle and/or load found to be off route will be considered off route and without a permit. Permits shall be in the driver's possession at all times unless otherwise directed in writing by the village's police department and presented upon demand to any and all police officers for the purpose of inspection.
9. If required, arrangement shall be made by the permittee to have the proper utilities notified, property moved, bridges or highways analyses performed and completed in advance of any permit movement. Any associated cost shall be the responsibility of the permittee.
10. All movements under the permit shall be made in accordance with all applicable federal, state and local laws, ordinances, rules and regulations.
11. Permits are void if altered by the permittee. The permits issued under this subsection constitute the grant of a privilege by the village and may be denied or suspended for such reasons as the village may deem related to its governmental interests including, but not limited to:
a. A permittee's knowingly providing incorrect information in an application for a permit;
b. A permittee, its agents, or employees acting on a permit which has been altered for purposes of deception;
c. Noncompliance by permittee, its agents or employees with federal, state, or local ordinances pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods; or
d. Moving on village streets without a valid permit as required under this subsection.
C. Applications For Permit:
1. Permits may be granted only pursuant to a completed application. Permits for proposed moves may be issued only if the village's police department is satisfied that:
a. The village roadways and bridges will not be damaged; and
b. The safety of the traveling public will be adequately protected.
2. Applications for a permit to move an oversized and/or overweight vehicle and/or load, must be made to the village's police department. The following information shall be included on the permit:
a. Company name;
b. Address of company;
c. Fax and telephone number of applicant;
d. Name of person making application;
e. Description of hauling vehicle;
f. Description of load to be moved;
g. Overall dimensions of vehicle and axle weight information;
h. Village roadways to be traveled;
i. Any special conditions;
j. Permit type with fee due to the village;
k. Date permit issued and expiration date;
l. Time permit issued and by whom; and
m. Category of permit.
3. Requests for permit moves shall be made no less than twenty four (24) hours prior to the move.
D. Police Escorts: Police escorts shall be required for certain vehicles and loads as determined by the village's police department. The total number of officers necessary to provide for a safe move shall be determined by the village's police department. Fees for escorts shall be in addition to any permit fees.
Fees for the escort shall be seventy five dollars ($75.00) per hour per officer assigned with a minimum of one hundred fifty dollars ($150.00), irrespective of the time or number of officers actually used.
E. Bonds, Indemnification And Insurance:
1. The permittee shall assume total liability for any and all damages to streets, bridges, village owned appurtenances and private or public property while engaged in a move. The measure of liability shall be the actual cost for all repairs or replacement of property damaged by the permittee.
2. The permittee shall indemnify and hold harmless the village from any costs, judgments or settlements, including attorney fees, arising from physical injuries, including loss of life, or damage to or loss of property related to acts or omissions by permittee, its officers, agents, or employees pursuant to the permit.
3. Upon application for a permit(s) for loads over seventy three thousand two hundred eighty (73,280) pounds, each applicant shall provide evidence of a valid comprehensive general liability insurance policy for protection against personal injury or property damage in the amount of one million dollars ($1,000,000.00) per occurrence. Such coverage shall be placed with a responsible company acceptable to the village, licensed to do business in the state of Illinois, and with a minimum insurance rating of A:VII as found in the current edition of "A.M. Best's Key Rating Guide". Each policy shall bear an endorsement precluding the cancellation or reduction of said policies without providing the village at least thirty (30) days' prior notice thereof in writing. All required insurance shall be maintained by the contractor in full force and effect during the life of the move.
F. Suspension And Reinstatement:
1. Suspension of a current permit, as authorized by subsection B11 of this section, shall be for the time determined appropriate by the village's police department. Reinstatement may be made upon conditions determined by the police department and payment of all outstanding fees.
2. In addition to any other fees and costs pursuant to subsection F1 of this section, there shall be a reinstatement fee of fifty dollars ($50.00).
3. The chief of police or his or her designee shall administer and enforce this section and shall have the authority to grant, deny, suspend or reinstate permits. Any applicant or permittee denied a permit or who has had a permit suspended, upon request, shall have the right to appeal the action to the chief of police or his or her designee.
G. Permit Fee Schedules:
1. Collection Of Fees: The village, with respect to highways under its jurisdiction, shall collect a fee as set forth in subsection G3 of this section for the issuance of a permit to operate or move a vehicle or combination of vehicle(s) and/or loads.
2. Limited Continuous Use Permits: Limited continuous use permits are not available for overweight vehicles. Limited continuous use permits are available only for oversized vehicles and for a period of not more than three (3) months from the date of issue.
3. Fee Schedule: The fee schedule for single vehicles shall be as follows:
Category | Axles | Weight | Single Trip | Round Trip |
1A | 2 | 24,000 lbs. gross 16,000 lbs. on 1 axle | $25.00 | $35.00 |
2A | 2 | 36,000 lbs. gross 20,000 lbs. on 1 axle | 30.00 | 45.00 |
3A | 3 or more | 50,000 lbs. gross 18,000 lbs. on 1 axle 36,000 lbs. on a tandem | 35.00 | 55.00 |
4A | 3 or more | 68,000 lbs. gross 21,000 lbs. on 1 axle 48,000 lbs. on a tandem | 40.00 | 65.00 |
5A | 4 or more | 72,000 lbs. gross 34,000 lbs. on 2 axles 40,000 lbs. on a tandem | 45.00 | 75.00 |
The fee schedule for combination vehicles shall be as follows:
Category | Axles | Weight | Single Trip | Round Trip |
1B | 5 | 72,000 lbs. gross 18,000 lbs. on 1 axle 32,000 lbs. on a tandem | $35.00 | $55.00 |
2B | 5 or more | 73,280 lbs. gross 18,000 lbs. on 1 axle 32,000 lbs. on a tandem | 40.00 | 65.00 |
The fee schedule for oversized vehicles shall be as follows:
Category | Sizes | Escort | Single Trip | Round Trip | Limited Continuous |
1C | 10' wide 14'6" high 70' long | No | $ 25.00 | $ 35.00 | $100.00/10 trips |
2C | 12' wide 14'6" high 85' long | No | 30.00 | 35.00 | $150.00/10 trips |
3C | 14' wide 15' high 100' long | Yes | 40.00 | 65.00 | n/a |
4C | 18' wide 16'6" high 120' long | Yes | 60.00 | 105.00 | n/a |
5C | Greater than 18' wide Greater than 16' high Greater than 120' long | Yes | 110.00 | 205.00 | n/a |
Any axle or gross weight greater than the maximum weights set forth above are subject to special assessment and investigation to determine appropriate fees for the above table.
The number of police escort vehicles shall be determined by the police department for dimension categories 3C through 5C and shall be based on the route and safety considerations.
H. Bonds And Bond Forfeiture: All persons charged with a violation of 625 Illinois Compiled Statutes 5/15-100 et seq., or 5/3-401(d), shall post a cash bond in an amount equal to the amount of the minimum fine established by the Illinois vehicle code, plus costs in the amount of twenty five dollars ($25.00) for administrative costs. The defendant may, in lieu of cash bail, deposit a money order issued by a money transfer service company which has been approved by the finance department of the village. The money order shall be made payable to the village.
If a person who submits a bond or money order is found guilty of or pleads guilty to the offense or fails to appear for a hearing before the administrative adjudication hearing officer, the hearing officer may order the forfeiture of all or part of the bond or money order to the village.
I. Authority Of Administrative Adjudication Hearing Officer: Any violations of the Illinois vehicle code relating to overweight trucks, specifically violations of 625 Illinois Compiled Statutes 5/15-100 et seq., and 5/3-401(d), may be decided by the administrative adjudication hearing officer as set forth in title 1 of this code.
J. Fines And Penalties:
1. In addition to any other remedies, any permittee, its officers, agents or employees, found guilty of a violation of this section, shall be subject to a minimum two hundred dollar ($200.00) and maximum two thousand five hundred dollar ($2,500.00) fine for each vehicle and day during which a move was made.
2. Whenever any vehicle is operated in violation of the provisions of 625 Illinois Compiled Statutes 5/15-111 or 5/3-401(d), the owner or driver of such vehicle shall be deemed guilty of such violation and either the owner or the driver of such vehicle may be prosecuted for such violation. Any person, firm or corporation who is convicted for a violation of section 15-111, including, but not limited to, a maximum axle or gross limit specified on a regulatory sign posted in accordance with paragraph (g) or (h) of section 15-111, shall be fined according to the following schedule except for weights five thousand one (5,001) or more pounds overweight:
Pounds Overweight | Fine | Administrative Fee | Total |
Pounds Overweight | Fine | Administrative Fee | Total |
Up to and including 2,000 | $ 50.00 | $25.00 | $ 75.00 |
From 2,001 through 2,500 | 135.00 | 25.00 | 160.00 |
From 2,501 through 3,000 | 165.00 | 25.00 | 190.00 |
From 3,001 through 3,500 | 260.00 | 25.00 | 285.00 |
From 3,501 through 4,000 | 300.00 | 25.00 | 325.00 |
From 4,001 through 4,500 | 425.00 | 25.00 | 450.00 |
From 4,501 through 5,000 | 475.00 | 25.00 | 500.00 |
5,001 or more | See below | See below | See below |
For vehicles that are five thousand one (5,001) or more pounds overweight, the fine shall be computed by assessing seven hundred fifty dollars ($750.00) for the first five thousand (5,000) pounds overweight and seventy five dollars ($75.00) for each additional increment of five hundred (500) pounds overweight or fraction thereof. Also, an administrative fee of twenty five dollars ($25.00) is added to the fine amount.
3. If a second division vehicle (as defined in the Illinois vehicle code) and load are operated within the village and the required registration fees and taxes for the gross weight of the vehicle and load have not been paid or the vehicle and load exceed the registered gross weight for which the required fees and taxes have been paid by two thousand one (2,001) pounds or more, the operator or owner shall be fined as stated in subsection J2 of this section. For any unregistered vehicle or vehicle displaying expired registration, no fine shall exceed the actual cost of what the appropriate registration for that vehicle and load should have been as established in 625 Illinois Compiled Statutes 5/3-815(a), as amended from time to time, plus an administrative fee of twenty five dollars ($25.00). (Ord. 1288-09, 8-17-2009)