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Public Act 91-0129
HB0458 Enrolled LRB9101288KSsb
AN ACT concerning vehicles.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Police Training Act is amended
by changing Section 10.1 as follows:
(50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
Sec. 10.1. Additional training programs. The Board
shall initiate, administer, and conduct training programs for
permanent police officers and permanent county corrections
officers in addition to the basic recruit training program.
The Board may initiate, administer, and conduct training
programs for part-time police officers in addition to the
basic part-time police training course. The training for
permanent and part-time police officers and permanent county
corrections officers may be given in any schools selected by
the Board. Such training may include all or any part of the
subjects enumerated in Section 7 of this Act.
The corporate authorities of all participating local
governmental agencies may elect to participate in the
advanced training for permanent and part-time police officers
and permanent county corrections officers but
nonparticipation in this program shall not in any way affect
the mandatory responsibility of governmental units to
participate in the basic recruit training programs for
probationary full-time and part-time police and permanent
county corrections officers. The failure of any permanent or
part-time police officer or permanent county corrections
officer to successfully complete any course authorized under
this Section shall not affect the officer's status as a
member of the police department or county sheriff's office of
any local governmental agency.
The Board may initiate, administer, and conduct training
programs for clerks of circuit courts. Those training
programs, at the Board's discretion, may be the same or
variations of training programs for law enforcement officers.
The Board shall initiate, administer, and conduct a
training program regarding the set up and operation of
portable scales for all municipal and county police officers,
technicians, and employees who set up and operate portable
scales. This training program must include classroom and
field training.
(Source: P.A. 89-170, eff. 1-1-96; 89-670, eff. 8-14-96;
90-271, eff. 7-30-97.)
Section 10. The Illinois Vehicle Code is amended by
changing Section 15-112 as follows:
(625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
Sec. 15-112. Officers to weigh vehicles and require
removal of excess loads.
(a) Any police officer having reason to believe that the
weight of a vehicle and load is unlawful shall require the
driver to stop and submit to a weighing of the same either by
means of a portable or stationary scales that have been
tested and approved at a frequency prescribed by the Illinois
Department of Agriculture, or for those scales operated by
the State, when such tests are requested by the Department of
State Police, whichever is more frequent. If such scales are
not available at the place where such vehicle is stopped, the
police officer shall require that such vehicle be driven to
the nearest available scale that has been tested and approved
pursuant to this Section by the Illinois Department of
Agriculture. Notwithstanding any provisions of the Weights
and Measures Act or the United States Department of Commerce
NIST handbook 44, multi or single draft weighing is an
acceptable method of weighing by law enforcement for
determining a violation of Chapter 3 or 15 of this Code. Law
enforcement is exempt from the requirements of commercial
weighing established in NIST handbook 44.
Within 18 months after the effective date of this
amendatory Act of the 91st General Assembly, all municipal
and county officers, technicians, and employees who set up
and operate portable scales for wheel load or axle load or
both and issue citations based on the use of portable scales
for wheel load or axle load or both and who have not
successfully completed initial classroom and field training
regarding the set up and operation of portable scales, shall
attend and successfully complete initial classroom and field
training administered by the Illinois Law Enforcement
Training Standards Board.
(b) Whenever an officer, upon weighing a vehicle and the
load, determines that the weight is unlawful, such officer
shall require the driver to stop the vehicle in a suitable
place and remain standing until such portion of the load is
removed as may be necessary to reduce the weight of the
vehicle to the limit permitted under this Chapter, or to the
limit permitted under the terms of a permit issued pursuant
to Sections 15-301 through 15-318 and shall forthwith arrest
the driver or owner. All material so unloaded shall be cared
for by the owner or operator of the vehicle at the risk of
such owner or operator; however, whenever a 3 or 4 axle
vehicle with a tandem axle dimension greater than 72 inches,
but less than 96 inches and registered as a Special Hauling
Vehicle is transporting asphalt or concrete in the plastic
state that exceeds axle weight or gross weight limits by less
than 4,000 pounds, the owner or operator of the vehicle shall
accept the arrest ticket or tickets for the alleged
violations under this Section and proceed without shifting or
reducing the load being transported or may shift or reduce
the load under the provisions of subsection (d) or (e) of
this Section, when applicable. Any fine imposed following an
overweight violation by a vehicle registered as a Special
Hauling Vehicle transporting asphalt or concrete in the
plastic state shall be paid as provided in subsection 4 of
paragraph (a) of Section 16-105 of this Code.
(c) The Department of Transportation may, at the request
of the Department of State Police, erect appropriate
regulatory signs on any State highway directing second
division vehicles to a scale. The Department of
Transportation may also, at the direction of any State Police
officer, erect portable regulating signs on any highway
directing second division vehicles to a portable scale.
Every such vehicle, pursuant to such sign, shall stop and be
weighed.
(d) Whenever any axle load of a vehicle exceeds the axle
or tandem axle weight limits permitted by paragraph (a) or
(f) of Section 15-111 by 2000 pounds or less, the owner or
operator of the vehicle must shift or remove the excess so as
to comply with paragraph (a) or (f) of Section 15-111. No
overweight arrest ticket shall be issued to the owner or
operator of the vehicle by any officer if the gross weight is
shifted or removed as required by this paragraph.
(e) Whenever the gross weight of a vehicle with a
registered gross weight of 73,280 pounds or less exceeds the
weight limits of paragraph (b) or (f) of Section 15-111 of
this Chapter by 2000 pounds or less, the owner or operator of
the vehicle must remove the excess. Whenever the gross weight
of a vehicle with a registered gross weight of 73,281 pounds
or more exceeds the weight limits of paragraph (b) or (f) of
Section 15-111 by 1,000 pounds or less or 2,000 pounds or
less if weighed on wheel load weighers, the owner or operator
of the vehicle must remove the excess. In either case no
arrest ticket for any overweight violation of this Code shall
be issued to the owner or operator of the vehicle by any
officer if the excess weight is removed as required by this
paragraph. A person who has been granted a special permit
under Section 15-301 of this Code shall not be granted a
tolerance on wheel load weighers.
(f) Whenever an axle load of a vehicle exceeds axle
weight limits allowed by the provisions of a permit an arrest
ticket shall be issued, but the owner or operator of the
vehicle may shift the load so as to comply with the
provisions of the permit. Where such shifting of a load to
comply with the permit is accomplished, the owner or operator
of the vehicle may then proceed.
(g) Any driver of a vehicle who refuses to stop and
submit his vehicle and load to weighing after being directed
to do so by an officer or removes or causes the removal of
the load or part of it prior to weighing is guilty of a
business offense and shall be fined not less than $500 nor
more than $2,000.
(Source: P.A. 88-403; 88-476; 88-535.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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