Full Text of HB0031 95th General Assembly
HB0031ham001 95TH GENERAL ASSEMBLY
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Environment & Energy Committee
Filed: 3/14/2007
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09500HB0031ham001 |
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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 | 3 |
| 5, after "15-111,", by inserting "15-112,"; and
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| on page 19, by replacing lines 15 through 17 with the | 5 |
| following:
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| "weight"; and
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| on page 19, by replacing lines 23 through 25 with the | 8 |
| following:
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| "weight"; and
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| on page 20, below line 9, by inserting the following: | 11 |
| " (7) Any vehicle utilizing an auxiliary power or idle | 12 |
| reduction technology unit in order to promote reduction of | 13 |
| fuel use and emissions because of engine idling shall be | 14 |
| allowed an additional 400 pounds total to the gross, axle, | 15 |
| tandem, or bridge formula weight limits defined in Section |
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LRB095 03321 DRH 33389 a |
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| 15-111 of this Code, and to registered weights found in | 2 |
| Chapter 3 of this Code. To be eligible for this exception, | 3 |
| the operator of the vehicle must be able to prove, by | 4 |
| written certification, the weight of the auxiliary power | 5 |
| unit (APU) and to demonstrate or certify the idle reduction | 6 |
| technology is fully functional at all times. | 7 |
| Certification of the weight of the APU must be | 8 |
| available to law enforcement officers if the vehicle is | 9 |
| found in violation of applicable weight laws. The weight | 10 |
| 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 | 13 |
| of this Code. "; and
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| on page 36, by deleting lines 9 through 20; and
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| 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 | 20 |
| reduction technology unit in order to promote reduction of | 21 |
| fuel use and emissions because of engine idling shall be | 22 |
| allowed an additional 400 pounds total to the gross, axle, | 23 |
| tandem, or bridge formula weight limits defined in this |
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LRB095 03321 DRH 33389 a |
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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 | 6 |
| is fully functional at all times. | 7 |
| Certification of the weight of the APU must be | 8 |
| available to law enforcement officers if the vehicle is | 9 |
| found in violation of applicable weight laws. The weight | 10 |
| 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 | 13 |
| 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 | 17 |
| of excess loads.
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| (a) Any police officer having reason to believe that the | 19 |
| 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 | 21 |
| means of a portable or stationary
scales that have been tested | 22 |
| and approved at a frequency prescribed by the
Illinois | 23 |
| 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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LRB095 03321 DRH 33389 a |
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| Police, whichever is more frequent.
If such scales are not | 2 |
| available at the
place where such vehicle
is stopped, the | 3 |
| police officer shall require that such vehicle be driven
to the | 4 |
| nearest available scale that has been tested and approved | 5 |
| pursuant to
this Section
by the
Illinois Department of | 6 |
| Agriculture. Notwithstanding any provisions of the
Weights and | 7 |
| Measures Act or the United States Department of Commerce NIST
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| handbook 44, multi or single draft weighing is an acceptable | 9 |
| method of weighing
by law enforcement for determining a | 10 |
| violation of Chapter 3 or 15 of this Code.
Law enforcement is | 11 |
| 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 | 16 |
| 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 | 19 |
| completed initial classroom and field training
regarding the | 20 |
| 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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LRB095 03321 DRH 33389 a |
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| place and remain standing until
such portion of the load is | 2 |
| removed as may be necessary to reduce the
weight of the vehicle | 3 |
| to the limit permitted under this Chapter, or to
the limit | 4 |
| 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 | 6 |
| driver or owner. All material so unloaded shall be cared for
by | 7 |
| the owner or operator of the vehicle at the risk of such owner | 8 |
| or operator;
however, whenever a 3 or 4 axle vehicle with a | 9 |
| tandem axle
dimension greater than 72 inches, but less than 96 | 10 |
| inches and registered as a
Special Hauling Vehicle is | 11 |
| transporting asphalt or concrete in the
plastic state that | 12 |
| exceeds axle weight or gross weight limits by less than
4,000 | 13 |
| pounds, the owner or operator of the vehicle shall accept the
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| arrest ticket or tickets for the alleged violations under this | 15 |
| Section and
proceed without shifting or reducing the load being | 16 |
| transported or may shift or
reduce the load under the | 17 |
| provisions of subsection (d) or (e) of this Section,
when | 18 |
| applicable. Any fine imposed following an overweight violation | 19 |
| by a
vehicle registered as a Special Hauling Vehicle | 20 |
| transporting asphalt or
concrete in the plastic state shall be | 21 |
| paid as provided in subsection
4
of paragraph (a) of Section | 22 |
| 16-105 of this Code.
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| (c) The Department of Transportation may, at the request of | 24 |
| the
Department of State Police, erect appropriate regulatory | 25 |
| signs on any
State highway directing second division vehicles | 26 |
| to a scale. The
Department of Transportation may also, at the |
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| direction of any State Police
officer, erect portable | 2 |
| regulating signs on any highway directing second
division | 3 |
| vehicles to a portable scale. Every such
vehicle, pursuant to | 4 |
| such sign, shall stop and be weighed.
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| (d) Whenever any axle load of a vehicle exceeds the axle or | 6 |
| tandem axle
weight limits permitted by paragraph (a) or (f) of | 7 |
| 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 | 9 |
| with paragraph (a) or (f) of Section
15-111. No overweight | 10 |
| arrest ticket shall be issued to the owner or operator
of the | 11 |
| vehicle by any officer if the excess weight is shifted or
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| removed as
required by this paragraph.
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| (e) Whenever the gross weight of a vehicle with a | 14 |
| registered gross
weight of 73,280 pounds or less exceeds the | 15 |
| weight limits of paragraph
(b) or (f) of Section 15-111 of this | 16 |
| Chapter by 2000 pounds or less,
the owner or operator of the | 17 |
| vehicle must remove the excess. Whenever
the gross weight of a | 18 |
| vehicle with a registered gross weight of 73,281 pounds
or more | 19 |
| exceeds the weight limits of paragraph (b) or (f) of Section | 20 |
| 15-111
by 1,000 pounds or less or 2,000 pounds or less if | 21 |
| weighed on wheel load
weighers, the owner or operator of the | 22 |
| vehicle
must remove the excess. In either case no arrest ticket | 23 |
| for any
overweight violation of this Code shall be issued to | 24 |
| the owner or operator
of the vehicle by any officer if the | 25 |
| excess weight is removed as required
by this paragraph.
A | 26 |
| person who has been granted a special permit under Section |
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LRB095 03321 DRH 33389 a |
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| 15-301 of this
Code shall not be granted a tolerance on wheel | 2 |
| 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 | 6 |
| 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 | 9 |
| proceed. | 10 |
| (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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LRB095 03321 DRH 33389 a |
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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 | 4 |
| 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 | 7 |
| following: | 8 |
| "(2) no gross weight exceeds 80,000 pounds;"; and
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| on page 51, below line 23, by inserting the following: | 10 |
| " (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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LRB095 03321 DRH 33389 a |
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| shall not be considered in the calculation of any tolerances | 2 |
| allowed by 15-112 of this Code. ".
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