§ 74.120 PERMITS FOR EXCESS SIZE AND WEIGHT.
   (A)   Upon written application, the city clerk may 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. Except for an application to move directly across a highway, the application shall show that the load to be moved by the vehicle or combination of vehicles is composed of a single, nondivisible object that cannot reasonably be dismantled or disassembled.
   (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, except that for vehicles or vehicle combinations registered by the department as provided in § 74.139, only the Illinois Department of Transportation's (IDT) registration number or classification need be given;
      (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.
   (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.
   (E)   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 § 74.111. 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 § 74.111. 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.
   (F)   The form and content of the permit shall be determined by the department. Every permit shall be 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. 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. However, upon arrest for a violation of the permit, the permittee, or his agent, must produce the permit at any court hearing concerning the alleged violation of permit. 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 providing the axle or gross weights do not exceed any of the permitted limits by more than the following amounts.
      Jingle axle      2000 pounds
      Tandem axle      3000 pounds
      Gross         5000 pounds
   (F)   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 exceeding any size, weight, or load limitations in excess of those authorized by the permit.
   (G)   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.
   (I)   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.
   (J)   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 1/2 mile without a permit for the purpose of crossing the state highway.
   (K)   Penalties for violations of this section shall be in addition to any penalties imposed for violation of other sections of this chapter.
(ILCS Ch. 625, Act 5, 5-15-301) Penalty, see § 70.999