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1 | AN ACT concerning vehicles.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing
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5 | Section 15-112 as follows:
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6 | (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
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7 | Sec. 15-112. Officers to weigh vehicles and require removal | |||||||||||||||||||
8 | of excess loads.
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9 | (a) Any police officer having reason to believe that the | |||||||||||||||||||
10 | weight of a
vehicle and load is unlawful shall require the | |||||||||||||||||||
11 | driver to stop and submit
to a weighing of the same either by | |||||||||||||||||||
12 | means of a portable or stationary
scales that have been tested | |||||||||||||||||||
13 | and approved at a frequency prescribed by the
Illinois | |||||||||||||||||||
14 | Department of Agriculture, or for those scales operated by the | |||||||||||||||||||
15 | State,
when such tests are requested
by
the
Department of State | |||||||||||||||||||
16 | Police, whichever is more frequent.
If such scales are not | |||||||||||||||||||
17 | available at the
place where such vehicle
is stopped, the | |||||||||||||||||||
18 | police officer shall require that such vehicle be driven
to the | |||||||||||||||||||
19 | nearest available scale that has been tested and approved | |||||||||||||||||||
20 | pursuant to
this Section
by the
Illinois Department of | |||||||||||||||||||
21 | Agriculture. Notwithstanding any provisions of the
Weights and | |||||||||||||||||||
22 | Measures Act or the United States Department of Commerce NIST
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23 | handbook 44, multi or single draft weighing is an acceptable |
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1 | method of weighing
by law enforcement for determining a | ||||||
2 | violation of Chapter 3 or 15 of this Code.
Law enforcement is | ||||||
3 | exempt from the requirements of commercial weighing
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4 | established in NIST handbook 44.
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5 | Within 18 months after the effective date of this
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6 | amendatory Act of the 91st General Assembly, all municipal and | ||||||
7 | county
officers,
technicians, and employees who set up and | ||||||
8 | operate portable scales for wheel
load or axle load or both and | ||||||
9 | issue citations based
on the use
of portable scales for wheel | ||||||
10 | load or axle load or both
and who have not successfully | ||||||
11 | completed initial classroom and field training
regarding the | ||||||
12 | set up and operation of portable scales, shall attend and
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13 | successfully complete
initial classroom and field training | ||||||
14 | administered by the Illinois Law
Enforcement
Training | ||||||
15 | Standards Board.
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16 | (b) Whenever an officer, upon weighing a vehicle and the | ||||||
17 | load,
determines that the weight is unlawful, such officer | ||||||
18 | shall require the
driver to stop the vehicle in a suitable | ||||||
19 | place and remain standing until
such portion of the load is | ||||||
20 | removed as may be necessary to reduce the
weight of the vehicle | ||||||
21 | to the limit permitted under this Chapter, or to
the limit | ||||||
22 | permitted under the terms of a permit issued pursuant to
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23 | Sections 15-301 through 15-318 and shall forthwith
arrest the | ||||||
24 | driver or owner. All material so unloaded shall be cared for
by | ||||||
25 | the owner or operator of the vehicle at the risk of such owner | ||||||
26 | or operator;
however, whenever a 3 or 4 axle vehicle with a |
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1 | tandem axle
dimension greater than 72 inches, but less than 96 | ||||||
2 | inches and registered as a
Special Hauling Vehicle is | ||||||
3 | transporting asphalt or concrete in the
plastic state that | ||||||
4 | exceeds axle weight or gross weight limits by less than
4,000 | ||||||
5 | pounds, the owner or operator of the vehicle shall accept the
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6 | arrest ticket or tickets for the alleged violations under this | ||||||
7 | Section and
proceed without shifting or reducing the load being | ||||||
8 | transported or may shift or
reduce the load under the | ||||||
9 | provisions of subsection (d) or (e) of this Section,
when | ||||||
10 | applicable. Any fine imposed following an overweight violation | ||||||
11 | by a
vehicle registered as a Special Hauling Vehicle | ||||||
12 | transporting asphalt or
concrete in the plastic state shall be | ||||||
13 | paid as provided in subsection
4 of paragraph (a) of Section | ||||||
14 | 16-105 of this Code.
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15 | (c) The Department of Transportation may, at the request of | ||||||
16 | the
Department of State Police, erect appropriate regulatory | ||||||
17 | signs on any
State highway directing second division vehicles | ||||||
18 | to a scale. The
Department of Transportation may also, at the | ||||||
19 | direction of any State Police
officer, erect portable | ||||||
20 | regulating signs on any highway directing second
division | ||||||
21 | vehicles to a portable scale. Every such
vehicle, pursuant to | ||||||
22 | such sign, shall stop and be weighed.
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23 | (c-1) Beginning on September 15, and through November 30, | ||||||
24 | of each calendar
year, State Police officers may not use | ||||||
25 | portable scales to weigh vehicles
transporting commodities or | ||||||
26 | goods of production agriculture as defined in
Section 3-35 of |
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1 | the Use Tax
Act on non-interstate highways.
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2 | (d) Whenever any axle load of a vehicle exceeds the axle or | ||||||
3 | tandem axle
weight limits permitted by paragraph (a) or (f) of | ||||||
4 | Section 15-111 by 2000
pounds or less, the owner or operator of | ||||||
5 | the vehicle must shift or
remove the excess so as to comply | ||||||
6 | with paragraph (a) or (f) of Section
15-111. No overweight | ||||||
7 | arrest ticket shall be issued to the owner or operator
of the | ||||||
8 | vehicle by any officer if the excess weight is shifted or
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9 | removed as
required by this paragraph.
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10 | (e) Whenever the gross weight of a vehicle with a | ||||||
11 | registered gross
weight of 73,280 pounds or less exceeds the | ||||||
12 | weight limits of paragraph
(b) or (f) of Section 15-111 of this | ||||||
13 | Chapter by 2000 pounds or less,
the owner or operator of the | ||||||
14 | vehicle must remove the excess. Whenever
the gross weight of a | ||||||
15 | vehicle with a registered gross weight of 73,281 pounds
or more | ||||||
16 | exceeds the weight limits of paragraph (b) or (f) of Section | ||||||
17 | 15-111
by 1,000 pounds or less or 2,000 pounds or less if | ||||||
18 | weighed on wheel load
weighers, the owner or operator of the | ||||||
19 | vehicle
must remove the excess. In either case no arrest ticket | ||||||
20 | for any
overweight violation of this Code shall be issued to | ||||||
21 | the owner or operator
of the vehicle by any officer if the | ||||||
22 | excess weight is removed as required
by this paragraph.
A | ||||||
23 | person who has been granted a special permit under Section | ||||||
24 | 15-301 of this
Code shall not be granted a tolerance on wheel | ||||||
25 | load weighers.
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26 | (f) Whenever an axle load of a vehicle exceeds axle weight |
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1 | limits
allowed by the provisions of a permit an arrest ticket | ||||||
2 | shall be issued,
but the owner or operator of the vehicle may | ||||||
3 | shift the load so as to
comply with the provisions of the | ||||||
4 | permit. Where such shifting of a load
to comply with the permit | ||||||
5 | is accomplished, the owner or operator of the
vehicle may then | ||||||
6 | proceed.
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7 | (g) Any driver of a vehicle who refuses to stop and submit | ||||||
8 | his
vehicle and load to weighing after being directed to do so | ||||||
9 | by an officer
or removes or causes the removal of the load or | ||||||
10 | part of it prior to
weighing is guilty of a business offense | ||||||
11 | and shall be fined not less
than $500 nor more than $2,000.
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12 | (Source: P.A. 91-129, eff. 7-16-99; 92-417, eff. 1-1-02.)
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13 | Section 99. Effective date. This Act takes effect upon | ||||||
14 | becoming law. |