Public Act 103-0730
HB4848 EnrolledLRB103 37935 MXP 68067 b HB4848 Enrolled LRB103 37935 MXP 68067 b
HB4848 Enrolled LRB103 37935 MXP 68067 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 15-109.1 as follows:
(625 ILCS 5/15-109.1) (from Ch. 95 1/2, par. 15-109.1)
Sec. 15-109.1. Covers or tarpaulins required for certain
loads.
(a) No person shall operate or cause to be operated, on a
highway, any second division vehicle loaded with dirt,
aggregate, garbage, refuse, or other similar material, when
any portion of the load is falling, sifting, blowing, dropping
or in any way escaping from the vehicle.
(b) No person shall operate or cause to be operated, on a
highway, any second division vehicle having a gross vehicle
weight rating of 8,000 pounds or more loaded with dirt,
aggregate, garbage, refuse, or other similar material in or on
any part of the vehicle other than in the cargo area. In
addition, no person shall operate on any highway, such vehicle
unless the tailgate on the vehicle is in good repair and
operating condition and closes securely so as to prevent any
load, residue, or other material from escaping.
(c) This Section shall not apply to the operation of
HB4848 Enrolled LRB103 37935 MXP 68067 b
highway maintenance vehicles engaged in removing snow and ice
from the roadway, nor to implements of husbandry or other farm
vehicles while transporting agricultural products to or from
the original place of production.
(d) For the purpose of this Section "aggregate" shall
include all ores, minerals, sand, gravel, shale, coal, clay,
limestone or any other ore or mineral which may be mined.
(e) Notwithstanding any other penalty, whenever a police
officer determines that the operator of a vehicle is in
violation of this Section, as evidenced by the issuance of a
citation for a violation of Section 15-109.1 of this Code, or
where a police officer determines that a dangerous condition
exists whereby any portion of the load may fall, sift, blow,
drop, or in any way escape or fall from the vehicle, the police
officer shall require the operator to stop the vehicle in a
suitable place and keep such vehicle stationary until the load
has either been reduced, secured, or covered with a cover or
tarpaulin of sufficient size to prevent any further violation
of this Section.
(f) No person shall operate or cause to be operated, on a
highway, a commercial motor vehicle, with the exception of a
highway maintenance vehicle, transporting garbage or refuse
unless the tailgate on the vehicle is in good working repair,
good operating condition, and closes securely, with a cover or
tarpaulin of sufficient size attached, so as to prevent any
load, residue, or other material from escaping.
(g) Any violation of the provisions of this Section shall
be a petty offense punishable by a fine not to exceed $150
$250. In addition, a person, firm, or corporation convicted of
4 or more violations of subsection (f) within a 12-month
period shall be fined an additional amount of $150 for the
fourth and each subsequent conviction within the 12-month
period. Regarding a firm or corporation, a fourth or
subsequent conviction means a fourth or subsequent conviction
attributable to one employee-driver.
(Source: P.A. 91-858, eff. 1-1-01.)
Section 10. The Criminal and Traffic Assessment Act is
amended by changing Section 15-70 as follows: