Illinois General Assembly - Full Text of HB5600
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Full Text of HB5600  103rd General Assembly



State of Illinois
2023 and 2024


Introduced 2/9/2024, by Rep. Lawrence "Larry" Walsh, Jr.


55 ILCS 5/5-1189 new

    Amends the Counties Code. Provides that Will County may adopt an ordinance regulating and imposing a civil penalty on an owner of a vehicle for failure of an operator to comply with gross vehicle weight or axle weight restrictions and that the County may enforce its regulations using an automated vehicle weigh-in-motion enforcement system. Allows a municipality wholly or partially within the County to enter into an intergovernmental agreement with the County to provide automated vehicle weigh-in-motion enforcement systems in the municipal jurisdiction. Includes requirements for automated vehicle weigh-in-motion enforcement systems. Provides requirements for violation notices and for civil penalties for violations.

LRB103 37165 AWJ 67284 b





HB5600LRB103 37165 AWJ 67284 b

1    AN ACT concerning local government.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Counties Code is amended by adding Section
55-1189 as follows:
6    (55 ILCS 5/5-1189 new)
7    Sec. 5-1189. Vehicle weight and axle weight restrictions.
8    (a) This Section applies only to Will County and to
9municipalities located wholly within or partially within Will
11    (b) As used in this Section:
12    "Automated vehicle weigh-in-motion enforcement system"
13means a device with one or more motor vehicle sensors working
14in conjunction with a permanent roadway scale to produce
15recorded images of motor vehicles in violation of this
17    "Recorded images" means images recorded by an automated
18vehicle weigh-in-motion enforcement system on (i) 2 or more
19photographs, 2 or more microphotographs, 2 or more electronic
20images, or a video recording showing the motor vehicle and
21(ii) at least one image or portion of the recording, clearly
22identifying the registration plate or digital registration
23plate number of the motor vehicle.



HB5600- 2 -LRB103 37165 AWJ 67284 b

1    (c) The County may adopt an ordinance regulating and
2imposing a civil penalty on an owner of a vehicle for failure
3of an operator to comply with gross vehicle weight or axle
4weight restrictions. The County may enforce its regulations
5using an automated vehicle weigh-in-motion enforcement system.
6    (d) The County's automated vehicle weigh-in-motion
7enforcement system that produces a recorded image of a motor
8vehicle's violation of an ordinance adopted under subsection
9(a), including a violation in a municipality with an
10intergovernmental agreement with the County under subsection
11(k), must make the recorded images of a violation accessible
12to the alleged violator by providing the alleged violator with
13a website address accessible through the Internet.
14    (e) For each violation of an ordinance adopted under
15subsection (a) recorded by an automated vehicle
16weigh-in-motion enforcement system, including a violation in a
17municipality with an intergovernmental agreement with the
18County under subsection (k), the County or municipality shall
19issue a written notice of the violation to the registered
20owner of the vehicle as the alleged violator. The notice shall
21be delivered to the registered owner of the vehicle, by mail,
22within 30 days after the Secretary of State notifies the
23County or municipality of the identity of the owner of the
24vehicle, but no later than 90 days after the violation. The
25notice shall include:
26        (1) the name and address of the registered owner of



HB5600- 3 -LRB103 37165 AWJ 67284 b

1    the vehicle;
2        (2) the registration number of the motor vehicle
3    involved in the violation;
4        (3) the violation charged, including the weight limits
5    of the roadway and the weight of the offending vehicle;
6        (4) the location where the violation occurred;
7        (5) the date and time of the violation;
8        (6) a copy of the recorded images;
9        (7) the amount of the civil penalty imposed and the
10    date by which the civil penalty should be paid and the
11    traffic education program should be completed;
12        (8) a statement that recorded images are evidence of a
13    violation;
14        (9) a warning that failure to pay the civil penalty,
15    or to contest liability in a timely manner, is an
16    admission of liability;
17        (10) a statement that the person may elect to proceed
18    by:
19            (A) paying the fine; or
20            (B) challenging the charge in court, by mail, or
21        by administrative hearing; and
22        (11) a website address, accessible through the
23    Internet, where the person may view the recorded images of
24    the violation and the scale readings.
25    (f) Based on inspection of recorded images produced by an
26automated vehicle weigh-in-motion enforcement system, a notice



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1alleging that the violation occurred shall be evidence of the
2facts contained in the notice and admissible in any proceeding
3alleging a violation under this Section.
4    (g) Recorded images made by an automated vehicle
5weigh-in-motion enforcement system are confidential and shall
6be made available only to the alleged violator and
7governmental and law enforcement agencies for purposes of
8adjudicating a violation of this Section, for statistical
9purposes, or for other governmental purposes, except that a
10recorded image evidencing a violation of this Section may be
11admissible in any proceeding resulting from the issuance of
12the citation.
13    (h) If a motor vehicle is recorded by an automated vehicle
14weigh-in-motion enforcement system, the motor vehicle owner is
15subject to a civil penalty not exceeding $500 plus an
16additional penalty of not more than $500 for failure to pay the
17original penalty in a timely manner, except when the driver of
18the motor vehicle received a Uniform Traffic Citation from a
19police officer at the time of the violation. The State's
20Attorney for the County may enforce the civil penalty in the
21circuit court.
22    (i) A violation for which a civil penalty is imposed under
23this Section is not a violation of a traffic regulation
24governing the movement of vehicles, may not be recorded on the
25driving record of the owner of the vehicle, and may not be used
26against the operator in determination of insurance rates or



HB5600- 5 -LRB103 37165 AWJ 67284 b

1traffic violations in the provision of motor vehicle insurance
3    (j) A roadway equipped with an automated vehicle
4weigh-in-motion enforcement system must be posted with a sign
5visible to approaching traffic indicating that the roadway is
6being monitored by an automated vehicle weigh-in-motion
7enforcement system and the clearly stated weight limits.
8    (k) An automated vehicle weigh-in-motion enforcement
9system shall undergo a calibration check every 6 months in
10accordance with specifications prescribed under a memorandum
11of agreement between the County's department of transportation
12and the Illinois Department of Agriculture. The calibration
13check shall be performed by an independent calibration
14laboratory that shall issue a signed certificate of
15calibration on its letterhead to the County.
16    (l) The County's department of transportation shall
17establish a range, according to the manufacturer's standards
18and its monitoring of the system, for evaluating information
19and data collected from sensor readings of each automated
20vehicle weigh-in-motion enforcement system. Each automated
21vehicle weigh-in-motion enforcement system shall be set to
22automatically alert the County's department of transportation
23of significant variations from the established range during a
2424-hour period. After receiving an alert, the automated
25vehicle weigh-in-motion enforcement system shall be inspected
26and any necessary adjustments shall be made. The County's



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1department of transportation shall keep a log of the details
2of all alerts, including the date and time of each alert, the
3amount of variation from the established range in each alert,
4the adjustments made or actions taken as a result of
5subsequent inspections, and the date and time of the
6inspections, adjustments, or actions.
7    (m) The County or municipality that has one or more
8roadways equipped with an automated vehicle weigh-in-motion
9enforcement system must also provide notice to drivers by
10posting the locations of automated traffic law systems on the
11County's or municipality's website.
12    (n) With consultation from the Illinois Department of
13Transportation, the county engineer must decide locations of
14all automated vehicle weigh-in-motion enforcement systems
15within the County boundaries. A municipality wholly or
16partially within the County may enter into an
17intergovernmental agreement with the County to provide
18automated vehicle weigh-in-motion enforcement systems in the
19municipal jurisdiction.
20    (o) Revenue generated by the automated vehicle
21weigh-in-motion enforcement system, beyond the costs of
22installation, maintenance, and enforcement, shall be used by
23the County or municipality for transportation improvements
24that will improve traffic flow and reduce emissions.
25Agreements between the County and a municipality must include
26an even split of revenue.