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91_HB0458
LRB9101288KSsb
1 AN ACT concerning vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Police Training Act is amended
5 by changing Section 10.1 as follows:
6 (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
7 Sec. 10.1. Additional training programs. The Board
8 shall initiate, administer, and conduct training programs for
9 permanent police officers and permanent county corrections
10 officers in addition to the basic recruit training program.
11 The Board may initiate, administer, and conduct training
12 programs for part-time police officers in addition to the
13 basic part-time police training course. The training for
14 permanent and part-time police officers and permanent county
15 corrections officers may be given in any schools selected by
16 the Board. Such training may include all or any part of the
17 subjects enumerated in Section 7 of this Act.
18 The corporate authorities of all participating local
19 governmental agencies may elect to participate in the
20 advanced training for permanent and part-time police officers
21 and permanent county corrections officers but
22 nonparticipation in this program shall not in any way affect
23 the mandatory responsibility of governmental units to
24 participate in the basic recruit training programs for
25 probationary full-time and part-time police and permanent
26 county corrections officers. The failure of any permanent or
27 part-time police officer or permanent county corrections
28 officer to successfully complete any course authorized under
29 this Section shall not affect the officer's status as a
30 member of the police department or county sheriff's office of
31 any local governmental agency.
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1 The Board may initiate, administer, and conduct training
2 programs for clerks of circuit courts. Those training
3 programs, at the Board's discretion, may be the same or
4 variations of training programs for law enforcement officers.
5 The Board shall initiate, administer, and conduct a
6 training program regarding the set up and operation of
7 portable scales for all police officers and technicians,
8 including State, county, and municipal employees, who set up
9 and operate portable scales. This training program must
10 include classroom and field training.
11 (Source: P.A. 89-170, eff. 1-1-96; 89-670, eff. 8-14-96;
12 90-271, eff. 7-30-97.)
13 Section 5. The Illinois Vehicle Code is amended by
14 changing Section 15-112 as follows:
15 (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
16 Sec. 15-112. Officers to weigh vehicles and require
17 removal of excess loads.
18 (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
22 tested and approved at a frequency prescribed by the Illinois
23 Department of Agriculture. If such scales are not available
24 at the place where such vehicle is stopped, the police
25 officer shall require that such vehicle be driven to the
26 nearest available scale that has been tested and approved at
27 a frequency prescribed by the Illinois Department of
28 Agriculture. Notwithstanding any provisions of the Weights
29 and Measures Act or the United States Department of Commerce
30 NIST handbook 44, multi or single draft weighing is an
31 acceptable method of weighing by law enforcement for
32 determining a violation of Chapter 3 or 15 of this Code. Law
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1 enforcement is exempt from the requirements of commercial
2 weighing established in NIST handbook 44.
3 Within 18 months after the effective date of this
4 amendatory Act of the 91st General Assembly, all officers and
5 technicians, including State, county, and municipal
6 employees, who set up or operate portable scales for wheel
7 load or axle load or both and issue citations based on the
8 use of portable scales for wheel load or axle load or both
9 and who have not successfully completed initial classroom and
10 field training regarding the set up and operation of portable
11 scales, shall attend and successfully complete initial
12 classroom and field training administered by the Illinois Law
13 Enforcement Training Standards Board.
14 (b) Whenever an officer, upon weighing a vehicle and the
15 load, determines that the weight is unlawful, such officer
16 shall require the driver to stop the vehicle in a suitable
17 place and remain standing until such portion of the load is
18 removed as may be necessary to reduce the weight of the
19 vehicle to the limit permitted under this Chapter, or to the
20 limit permitted under the terms of a permit issued pursuant
21 to Sections 15-301 through 15-318 and shall forthwith arrest
22 the driver or owner. All material so unloaded shall be cared
23 for by the owner or operator of the vehicle at the risk of
24 such owner or operator; however, whenever a 3 or 4 axle
25 vehicle with a tandem axle dimension greater than 72 inches,
26 but less than 96 inches and registered as a Special Hauling
27 Vehicle is transporting asphalt or concrete in the plastic
28 state that exceeds axle weight or gross weight limits by less
29 than 4,000 pounds, the owner or operator of the vehicle shall
30 accept the arrest ticket or tickets for the alleged
31 violations under this Section and proceed without shifting or
32 reducing the load being transported or may shift or reduce
33 the load under the provisions of subsection (d) or (e) of
34 this Section, when applicable. Any fine imposed following an
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1 overweight violation by a vehicle registered as a Special
2 Hauling Vehicle transporting asphalt or concrete in the
3 plastic state shall be paid as provided in subsection 4 of
4 paragraph (a) of Section 16-105 of this Code.
5 (c) The Department of Transportation may, at the request
6 of the Department of State Police, erect appropriate
7 regulatory signs on any State highway directing second
8 division vehicles to a scale. The Department of
9 Transportation may also, at the direction of any State Police
10 officer, erect portable regulating signs on any highway
11 directing second division vehicles to a portable scale.
12 Every such vehicle, pursuant to such sign, shall stop and be
13 weighed.
14 (d) Whenever any axle load of a vehicle exceeds the axle
15 or tandem axle weight limits permitted by paragraph (a) or
16 (f) of Section 15-111 by 2000 pounds or less, the owner or
17 operator of the vehicle must shift or remove the excess so as
18 to comply with paragraph (a) or (f) of Section 15-111. No
19 overweight arrest ticket shall be issued to the owner or
20 operator of the vehicle by any officer if the gross weight is
21 shifted or removed as required by this paragraph.
22 (e) Whenever the gross weight of a vehicle with a
23 registered gross weight of 73,280 pounds or less exceeds the
24 weight limits of paragraph (b) or (f) of Section 15-111 of
25 this Chapter by 2000 pounds or less, the owner or operator of
26 the vehicle must remove the excess. Whenever the gross weight
27 of a vehicle with a registered gross weight of 73,281 pounds
28 or more exceeds the weight limits of paragraph (b) or (f) of
29 Section 15-111 by 1,000 pounds or less or 2,000 pounds or
30 less if weighed on wheel load weighers, the owner or operator
31 of the vehicle must remove the excess. In either case no
32 arrest ticket for any overweight violation of this Code shall
33 be issued to the owner or operator of the vehicle by any
34 officer if the excess weight is removed as required by this
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1 paragraph. A person who has been granted a special permit
2 under Section 15-301 of this Code shall not be granted a
3 tolerance on wheel load weighers.
4 (f) Whenever an axle load of a vehicle exceeds axle
5 weight limits allowed by the provisions of a permit an arrest
6 ticket shall be issued, but the owner or operator of the
7 vehicle may shift the load so as to comply with the
8 provisions of the permit. Where such shifting of a load to
9 comply with the permit is accomplished, the owner or operator
10 of the vehicle may then proceed.
11 (g) Any driver of a vehicle who refuses to stop and
12 submit his vehicle and load to weighing after being directed
13 to do so by an officer or removes or causes the removal of
14 the load or part of it prior to weighing is guilty of a
15 business offense and shall be fined not less than $500 nor
16 more than $2,000.
17 (Source: P.A. 88-403; 88-476; 88-535.)
18 Section 99. Effective date. This Act takes effect upon
19 becoming law.