Environment & Energy Committee
Filed: 3/14/2007
 
 

 




 

 		












09500HB0031ham001

LRB095 03321 DRH 33389 a






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AMENDMENT TO HOUSE BILL 31 




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    AMENDMENT NO. ______. Amend House Bill 31, on page 1, line 
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5, after "15-111,", by inserting "15-112,"; and

 
4
on page 19, by replacing lines 15 through 17 with the 
5
following:

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"weight"; and

 
7
on page 19, by replacing lines 23 through 25 with the 
8
following:

9
"weight"; and

 
10
on page 20, below line 9, by inserting the following:
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        "(7) Any vehicle utilizing an auxiliary power or idle 
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    reduction technology unit in order to promote reduction of 
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    fuel use and emissions because of engine idling shall be 
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    allowed an additional 400 pounds total to the gross, axle, 
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    tandem, or bridge formula weight limits defined in Section 
 


 






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    15-111 of this Code, and to registered weights found in 
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    Chapter 3 of this Code. To be eligible for this exception, 
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    the operator of the vehicle must be able to prove, by 
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    written certification, the weight of the auxiliary power 
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    unit (APU) and to demonstrate or certify the idle reduction 
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    technology is fully functional at all times.
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        Certification of the weight of the APU must be 
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    available to law enforcement officers if the vehicle is 
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    found in violation of applicable weight laws.  The weight 
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    allowed cannot exceed 400 pounds or the weight certified, 
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    whichever is less. APU weights shall not be considered in 
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    the calculation of any tolerances allowed by Section 15-112 
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    of this Code."; and

 
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on page 36, by deleting lines 9 through 20; and
 


15
on page 37, by replacing lines 21 through 24 with the 
16
following:

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"weight but not exceeding 80,000 pounds is allowed"; and
 


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on page 38, below line 15, by inserting the following:

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        "(g-1) Any vehicle utilizing an auxiliary power or idle 
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    reduction technology unit in order to promote reduction of 
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    fuel use and emissions because of engine idling shall be 
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    allowed an additional 400 pounds total to the gross, axle, 
23
    tandem, or bridge formula weight limits defined in this 
 


 






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    Section, and to registered weights found in Chapter 3 of 
2
    this Code. To be eligible for this exception, the operator 
3
    of the vehicle must be able to prove, by written 
4
    certification, the weight of the auxiliary power unit (APU) 
5
    and to demonstrate or certify the idle reduction technology 
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    is fully functional at all times.
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        Certification of the weight of the APU must be 
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    available to law enforcement officers if the vehicle is 
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    found in violation of applicable weight laws.  The weight 
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    allowed cannot exceed 400 pounds or the weight certified, 
11
    whichever is less. APU weights shall not be considered in 
12
    the calculation of any tolerances allowed by Section 15-112 
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    of this Code."; and

 
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on page 39, below line 10, by inserting the following:
 



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    "(625 ILCS 5/15-112)  (from Ch. 95 1/2, par. 15-112)



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    Sec. 15-112. Officers to weigh vehicles and require removal 
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of excess loads. 

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    (a) Any police officer having reason to believe that the 
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weight of a
vehicle and load is unlawful shall require the 
20
driver to stop and submit
to a weighing of the same either by 
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means of a portable or stationary
scales that have been tested 
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and approved at a frequency prescribed by the
Illinois 
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Department of Agriculture, or for those scales operated by the 
24
State,
when such tests are requested
by
the
Department of State 
 


 






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Police, whichever is more frequent.
If such scales are not 
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available at the
place where such vehicle
is stopped, the 
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police officer shall require that such vehicle be driven
to the 
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nearest available scale that has been tested and approved 
5
pursuant to
this Section
by the
Illinois Department of 
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Agriculture. Notwithstanding any provisions of the
Weights and 
7
Measures Act or the United States Department of Commerce NIST

8
handbook 44, multi or single draft weighing is an acceptable 
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method of weighing
by law enforcement for determining a 
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violation of Chapter 3 or 15 of this Code.
Law enforcement is 
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exempt from the requirements of commercial weighing

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established in NIST handbook 44.

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    Within 18 months after the effective date of this

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amendatory Act of the 91st General Assembly, all municipal and 
15
county
officers,
technicians, and employees who set up and 
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operate portable scales for wheel
load or axle load or both and 
17
issue citations  based
on the use
of portable scales for wheel 
18
load or axle load or both
and who have not successfully 
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completed initial classroom and field training
regarding the 
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set up and operation of portable scales, shall attend and

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successfully complete
initial classroom and field training 
22
administered by the Illinois Law
Enforcement
Training 
23
Standards Board.

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    (b) Whenever an officer, upon weighing a vehicle and the 
25
load,
determines that the weight is unlawful, such officer 
26
shall require the
driver to stop the vehicle in a suitable 
 


 






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place and remain standing until
such portion of the load is 
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removed as may be necessary to reduce the
weight of the vehicle 
3
to the limit permitted under this Chapter, or to
the limit 
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permitted under the terms of a permit issued pursuant to

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Sections 15-301 through 15-318 and shall forthwith
arrest the 
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driver or owner. All material so unloaded shall be cared for
by 
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the owner or operator of the vehicle at the risk of such owner 
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or operator;
however, whenever a 3 or 4 axle vehicle with a 
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tandem axle
dimension greater than 72 inches, but less than 96 
10
inches and registered as a
Special Hauling Vehicle is 
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transporting asphalt or concrete in the
plastic state that 
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exceeds axle weight or gross weight limits by less than
4,000 
13
pounds, the owner or operator of the vehicle shall accept the

14
arrest ticket or tickets for the alleged violations under this 
15
Section and
proceed without shifting or reducing the load being 
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transported or may shift or
reduce the load under the 
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provisions of subsection (d) or (e) of this Section,
when 
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applicable.  Any fine imposed following an overweight violation 
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by a
vehicle registered as a Special Hauling Vehicle 
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transporting asphalt or
concrete in the plastic state shall be 
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paid as provided in subsection
4
of paragraph (a) of Section 
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16-105 of this Code.

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    (c) The Department of Transportation may, at the request of 
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the
Department of State Police, erect appropriate regulatory 
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signs on any
State highway directing second division vehicles 
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to a scale.  The
Department of Transportation may also, at the 
 


 






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direction of any State Police
officer, erect portable 
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regulating signs on any highway directing second
division 
3
vehicles to a portable scale.  Every such
vehicle, pursuant to 
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such sign, shall stop and be weighed.

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    (d) Whenever any axle load of a vehicle exceeds the axle or 
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tandem axle
weight limits permitted by paragraph (a) or (f) of 
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Section 15-111 by 2000
pounds or less, the owner or operator of 
8
the vehicle must shift or
remove the excess so as to comply 
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with paragraph (a) or (f) of Section
15-111. No overweight 
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arrest ticket shall be issued to the owner or operator
of the 
11
vehicle by any officer if the excess weight is shifted or

12
removed as
required by this paragraph.

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    (e) Whenever the gross weight of a vehicle with a 
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registered gross
weight of 73,280 pounds or less exceeds the 
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weight limits of paragraph
(b) or (f) of Section 15-111 of this 
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Chapter by 2000 pounds or less,
the owner or operator of the 
17
vehicle must remove the excess. Whenever
the gross weight of a 
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vehicle with a registered gross weight of 73,281 pounds
or more 
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exceeds the weight limits of paragraph (b) or (f) of Section 
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15-111
by 1,000 pounds or less or 2,000 pounds or less if 
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weighed on wheel load
weighers, the owner or operator of the 
22
vehicle
must remove the excess. In either case no arrest ticket 
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for any
overweight violation of this Code shall be issued to 
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the owner or operator
of the vehicle by any officer if the 
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excess weight is removed as required
by this paragraph.
 A 
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person who has been granted a special permit under Section 
 


 






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15-301 of this
Code shall not be granted a tolerance on wheel 
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load weighers.

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    (f) Whenever an axle load of a vehicle exceeds axle weight 
4
limits
allowed by the provisions of a permit an arrest ticket 
5
shall be issued,
but the owner or operator of the vehicle may 
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shift the load so as to
comply with the provisions of the 
7
permit. Where such shifting of a load
to comply with the permit 
8
is accomplished, the owner or operator of the
vehicle may then 
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proceed.
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    (f-1) Any vehicle utilizing an auxiliary power or idle 
11
reduction technology unit in order to promote reduction of fuel 
12
use and emissions because of engine idling shall be allowed an 
13
additional 400 pounds total to the gross, axle, tandem, or 
14
bridge formula weight limits defined in this Section, and to 
15
registered weights found in Chapter 3 of this Code. To be 
16
eligible for this exception, the operator of the vehicle must 
17
be able to prove, by written certification, the weight of the 
18
auxiliary power unit (APU); and demonstrate or certify the idle 
19
reduction technology is fully functional at all times.
20
    Certification of the weight of the APU must be available to 
21
law enforcement officers if the vehicle is found in violation 
22
of applicable weight laws.  The weight allowed cannot exceed 400 
23
pounds or the weight certified, whichever is less. APU weights 
24
shall not be considered in the calculation of any tolerances 
25
allowed by this Section.


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    (g) Any driver of a vehicle who refuses to stop and submit 
 


 






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his
vehicle and load to weighing after being directed to do so 
2
by an officer
or removes or causes the removal of the load or 
3
part of it prior to
weighing is guilty of a business offense 
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and shall be fined not less
than $500 nor more than $2,000.

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(Source: P.A. 91-129, eff. 7-16-99; 92-417, eff. 1-1-02.)"; and

 
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on page 51, by replacing lines 16 through 19 with the 
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following:
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        "(2) no gross weight exceeds 80,000 pounds;"; and

 
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on page 51, below line 23, by inserting the following:
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    "(p) Any vehicle utilizing an auxiliary power or idle 
11
reduction technology unit in order to promote reduction of fuel 
12
use and emissions because of engine idling shall be allowed an 
13
additional 400 pounds total to the gross, axle, tandem, or 
14
bridge formula weight limits defined in Section 15-111 of this 
15
Code, and to registered weights found in Chapter 3 of this 
16
Code. To be eligible for this exception, the operator of the 
17
vehicle must be able to prove, by written certification, the 
18
weight of the auxiliary power unit (APU) and to demonstrate or 
19
certify the idle reduction technology is fully functional at 
20
all times.

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    Certification of the weight of the APU must be available to 
22
law  enforcement officers if the vehicle is found in violation 
23
of applicable weight laws.  The weight allowed cannot exceed 400 
24
pounds or the weight certified, whichever is less. APU weights 
 


 






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shall not be considered in the calculation of any tolerances 
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allowed by 15-112 of this Code.".