A. Permit Required; Exemptions: Permits shall be required for the movement of any vehicle and/or nondivisible load (one which cannot be reasonably disassembled) or combination of vehicles on roadways and bridges within the jurisdiction of the village not in conformance with the limitations and regulations stated in 625 Illinois Compiled Statutes 5/15-102 (width), 5/15-103 (height), 5/15-107 (length), and 5/15-111 (weight).
The permit is not valid on any highway or bridge posted for a load limit less than the gross weight of the move, on any highway closed to traffic, and on any highway not under the jurisdiction of the village of Winfield. In an emergency declared by resolution of the village board, the requirement to obtain permits may be waived.
Exempt from permits are the following:
1. Fire department vehicles;
2. Those vehicles operating under an emergency declaration;
3. Village owned vehicles engaged in emergency utility repair;
4. Equipment used for snow and ice removal owned, operated or contracted by any governmental body.
B. Conditions Of Permit: 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. The permit is nontransferable and applies only to the permittee.
All applications for permits shall be given full consideration. Permits for proposed moves may be issued:
1. When the village roadways and bridges will not be unduly damaged; and
2. When the safety of the traveling public will be adequately protected.
Application for a permit to move an oversized and/or overweight vehicle, and/or load, must be made to the village of Winfield. Permits shall be applied for during normal business hours of the Winfield police department. Applicants are urged to contact the village promptly to ensure the proper paperwork is in place (including, but not limited to, security bond, certificates of insurance, etc.). Permits shall be applied for with a minimum of seventy two (72) hours' advance notice to the village of Winfield. The following information should be included on the permit:
1. Name, address and phone number of the applicant and the applicant's business name, address and phone number;
2. Whether the permit is for a single trip, round trip or for multiple moves;
3. Whether the applicant is an authorized carrier under the Illinois motor carrier of property law and if so, the registration and certificate number issued by the Illinois commerce commission;
4. The description of the vehicle and/or load making the move;
5. The route, including points of origin and destination;
6. Whether the vehicle and/or load are being transported for hire;
7. The Illinois department of transportation's state permit number and/or the DuPage County department of transportation permit number;
8. The vehicle's and/or trailer's registration number, state and year.
The village of Winfield may issue revisions to permits:
1. To correct an error attributed to the village;
2. To correct an error attributed to the applicant, discovered before the move;
3. To adjust weights, dimensions 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 ten dollars ($10.00) per permit.
C. Permit Regulations: The permit, when issued, constitutes an agreement between permittee and the village of Winfield that the move described in the application will take place only as described. The permittee has the responsibility to report to the village any inaccuracies or errors on the part of either the village or the permittee before starting any move. Undertaking the move shall constitute acceptance by the permittee of the permit as issued and its terms.
The route 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 by the village of Winfield, and presented upon demand to any and all police officers for the purpose of inspection.
If required, arrangement shall be made by the permittee to have the proper utilities notified, property moved, bridges or highways analysis performed and completed in advance of any permit movement. All movements under the permit shall be made in accordance with all applicable federal, state and local laws, ordinances, rules and regulations.
Insofar as practicable, movements shall be confined to a single traffic lane and shall be made in such a manner that the rest of the roadway will be open at all times so the flow of other traffic will not unnecessarily be obstructed. Also insofar as practicable, other traffic will be given the right of way over this movement. The driver shall remove the vehicle from the roadway when necessary to allow an accumulation of traffic to pass or when so directed by a police officer.
Movements are authorized from one-half (1/2) hour before sunrise to one-half (1/2) hour after sunset, Monday through Friday, and from one-half (1/2) hour before sunrise until twelve o'clock (12:00) noon, Saturday. Movements are prohibited on specified holidays. Movements are further restricted beginning at twelve o'clock (12:00) noon the day preceding the holiday or beginning at twelve o'clock (12:00) noon the Friday before the holiday weekend, including holidays that fall on a Monday. The specified holidays are: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
Movements shall not be made when visibility is unduly impaired by rain, snow, fog, smog, or at any time travel conditions are considered to be unsafe by the Winfield police department. Movements shall not be made when highway is covered with snow or ice.
The extremities of all oversize vehicles, vehicle combinations and/or loads, and all protruding objects shall be marked with clean red flags not less than eighteen inches (18") square.
D. 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 overdimension vehicles which do not exceed the weight limits specified within 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. Limited continuous use permits are not available for overweight vehicles.
MULTIPLE MOVES: Those in such close proximity to each other in distance or in time, that the village would consider incorporating two (2) or more permit moves as one move. Multiple move permits, when granted by the village, shall be for a period of time not to exceed thirty (30) days from the date of issuance. Multiple moves must be identified prior to obtaining a permit. When required, police escorts shall be used for each of the multiple moves.
ONE-WAY OR SINGLE TRIP MOVEMENT: One move from the point of origin to the point of destination. Any additional stops between the point of origin and the point of destination are expressly prohibited. Single trip permits are valid for five (5) consecutive days from date of issuance unless otherwise directed by the village of Winfield.
ROUND TRIP MOVEMENT: Two (2) trips over the same route in opposite directions. Round trip permits are valid for ten (10) consecutive days from the date of issuance.
E. Police Escorts: Police escorts are required for certain vehicles and loads as indicated in the fee schedule herein. The total number of police officers necessary to provide for a safe move shall be determined by the village based upon the size and weight of the permit move. Fees for escorts shall be in addition to the permit fees set forth herein. Fees for said escort shall be forty dollars ($40.00) an hour per police officer assigned and shall provide for a minimum of two (2) hours of service.
F. Liability: 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 permit movement. The measure of liability is the cost for all repairs or the cost of replacement of property damaged beyond repair together with all other expenses incurred by the authorities in control of the highway structure 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 by the permittee. The applicant(s) must provide a cash bond in the amount of two thousand five hundred dollars ($2,500.00) in a certified or cashier's check made in favor of the village of Winfield, or in lieu of a cash bond, at the discretion of the village, provide a valid license and permit bond, with a surety approved by the village, in the amount of five thousand dollars ($5,000.00) to cover any damages to village roadways, bridges or property. If a portion of the bond must be used to pay for such damages, no future applications for permits under this section will be considered until restitution is made and a new bond issued. Bonds are returnable within ten (10) days after request provided there are no outstanding permits or debts to the village. No further permits shall be issued to said applicant without redeposit of such bonds. The permittee's liability for any damages shall not be limited by the amount of the bond.
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 the owner, then the owner and driver are jointly and severally liable to the extent provided herein this subsection.
G. Insurance: 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. Upon application for a permit(s), each applicant shall provide evidence of a valid comprehensive general liability insurance policy, with an insurance company approved by the village, for protection against personal injury or property damage, in the amount of one million dollars ($1,000,000.00) per occurrence. The village shall be named as an additional, noncontributory coinsured on all policies of insurance. The village shall receive written notice of cancellation or reduction in coverage of any insurance policy thirty (30) days prior to the effective date of cancellation or reduction. The permittee will be responsible for obtaining new insurance coverage in this event.
In addition, the permittee shall carry, at its own expense, at least the following insurance coverage:
1. Commercial general liability insurance:
a. Bodily injury, personal injury, and property damage with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate.
b. Contractual insurance - broad form, with limits of not less than one million dollars ($1,000,000.00) each occurrence/two million dollars ($2,000,000.00) aggregate.
2. Business automobile liability: One million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage.
H. Denial Of Permit: Permits are void if altered for the purpose of deception. The permits issued under this section constitute the grant of a privilege by the village and may be denied, suspended or revoked after notice to the permittee and an opportunity to be heard, for such reasons as the village may deem rationally related to its governmental interests including, but not limited to:
1. A permittee knowingly providing incorrect information in an application for a permit;
2. A permittee, its agents or employees acting on a permit which has been altered for purposes of deception;
3. Noncompliance by permittee, its agents or employees with federal, state or local laws pertaining to the transport of goods or operation of a vehicle engaged in the transport of goods;
4. Moving on village streets without a valid permit as is required under this section.
In addition to other remedies the village may seek, a permittee, its officers, agents or employees found guilty of moving an overdimension or overweight vehicle and/or load on village streets on a permit altered for purposes of deception, or without a valid permit as required by this section, shall be subject to a fine, as hereinafter provided, for each day during which a move was so made.
Suspension or revocation of a current permit shall be for the time determined appropriate by the village; however, reinstatement may be made upon conditions determined by the village and payment of all outstanding settlements or judgments. The charges for reinstatement are:
Denial | No charge |
Suspended | $50.00 |
Revoked | 75.00 |
The village of Winfield police department shall administer and enforce this section and shall have the authority to grant, deny, suspend, revoke and reinstate permits. Suspended permits shall be reinstated for good cause shown to the Winfield police department and shall be charged a fifty dollar ($50.00) fee to reinstate the existing permit. Revoked permits, if reinstated for good cause shown to the Winfield police department, shall require a seventy five dollar ($75.00) fee as well as the standard application fees. Any applicant or permit holder who receives a notice of denial, revocation, or suspension may file an appeal with the village manager as provided herein. Such appeal shall be filed with the village manager in writing no later than ten (10) business days following receipt of the notice, and shall include a response to the notice. Such response shall include a brief statement addressing the substantive deficiencies cited in the notice and shall set forth the basis for why the license or permit should not be denied, revoked, or suspended. If an appeal is filed of an order of the police department suspending or revoking an application or permit, such suspension or revocation shall be stayed pending final order of the village manager, as provided in this section.
Upon filing of an appeal by the applicant or permit holder, the village manager shall convene a hearing, with no less than fifteen (15) days' written notice to the individual, and shall hear the appeal and shall accept such evidence and hear such testimony from involved village staff, the applicant or permit holder, and such other interested parties as may have relevant information to offer regarding the case. The village manager, following the hearing, shall make a finding based upon the testimony and evidence submitted and if the village manager determines that the violation(s) or reasons for denial, suspension, or revocation occurred, the manager shall then deny such applicant or suspend or revoke the existing permit, effective immediately. A copy of such order shall be served upon the applicant or permit holder by certified mail, return receipt requested, to the applicant or permit holder at the business or home address identified in the latest application or renewal form on file with the village.
The decision of the village manager as provided in this paragraph shall be the final administrative action of the village with respect to the permit or application, and shall be subject to the immediate appeal by the permit holder or applicant to the circuit court. Such appeal to the circuit court shall be filed no later than thirty five (35) days following receipt of the village manager's findings and order. Failure to file such an appeal as provided herein shall render the village manager's decision final.
Permit Fees: The village, with respect to highways under the village's jurisdiction, shall collect a fee as shown herein from applicants for the issuance of a permit to operate or move a vehicle or combination of vehicle(s), and/or loads, which fit the categories shown below:
FEE SCHEDULE
TABLE A
Permit Size | Single Trip | Round Trip | Multiple |
Gross weight (with load): | |||
Up to 88,000 pounds | $ 50.00 | $ 75.00 | $150.00 |
88,001 - 100,000 | 75.00 | 100.00 | 175.00 |
100,001 - 120,000 | 100.00 | 125.00 | 225.00 |
120,001 - 150,0002 | 125.00 | 150.00 | 300.00 |
Over 150,0001,2 | 125.00 | 150.00 | 300.00 |
TABLE B
Permit Size | Single Trip | Round Trip | Multiple |
Width (with load): | |||
Up to 12' | $ 50.00 | $ 75.00 | $150.00 |
12'1" - 13'6" | 75.00 | 100.00 | 175.00 |
Over 13'6" 1,2 | 75.00 | 100.00 | 175.00 |
TABLE C
Permit Size | Single Trip | Round Trip | Multiple |
Height (with load): | |||
13'6" - 14'6" | $ 50.00 | $ 75.00 | $150.00 |
Over 14'6" 1,2 | 50.00 | 75.00 | 150.00 |
TABLE D
Permit Size | Single Trip | Round Trip | Multiple |
Length (with load): | |||
Up to 75' | $ 50.00 | $ 75.00 | $150.00 |
75'1" - 100' | 75.00 | 100.00 | 175.00 |
Over 100' 1,2 | 75.00 | 100.00 | 175.00 |
Notes:
1. In order to prevent damage to village streets or disruption of traffic, the village may require a special permit before authorizing the applicant to operate or move a vehicle or combination of vehicles of a size or weight specified or otherwise not in conformity with the provisions of this section upon any roads under the jurisdiction of the village if such load is composed of a single object that cannot reasonably be dismantled or disassembled. These special permits may require additional administrative, engineering, and road damage fees.
2. Vehicles shall require a police escort. The number of police escorts shall be determined by the village based on the density of the area and other safety concerns at the sole discretion of the village. The fees for each escort shall be $40.00 per officer per hour and a minimum of 2 hours' payment is required.
If a vehicle requires a permit due to multiple weight and/or dimensions issues, the total fee shall be based on the largest individual weight or dimension factor only.
J. Drawn Accounts: A drawn down account, or escrow account, can be established by the permit applicant for the purposes of depositing money for use, as needed, to be automatically withdrawn upon request of the applicant for payment of permit fees. It shall be the responsibility of the applicant to maintain a current balance in their draw down account to cover any and all fees for permit requests.
K. Temporary Load Limits: In order to prevent potential damage to village streets and bridges, the village manager shall have the power to impose temporary vehicle load limits on streets or portions thereof, in order to allow the village engineer time to investigate the situation. Any such temporary limitation shall be reviewed as soon as possible by the village board of trustees at their next regular meeting.
The village manager shall have the power to limit temporarily the use of streets or portions thereof to certain types of vehicles and shall post or have posted in conspicuous places signs showing the limitations thus imposed.
L. Penalty: In addition to other village remedies set forth herein, any person violating any provision of this section shall be subject to a fine of seven hundred fifty dollars ($750.00) and each day that the violation occurs or continues shall be deemed a separate offense. (Ord. 2002-9-39, 9-5-2002)