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91_HB0458eng HB0458 Engrossed 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. HB0458 Engrossed -2- LRB9101288KSsb 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 municipal and county police officers, 8 technicians, and employees who set up and operate portable 9 scales. This training program must include classroom and 10 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 10. 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, or for those scales operated by 24 the State, when such tests are requested by the Department of 25 State Police, whichever is more frequent. If such scales are 26 not available at the place where such vehicle is stopped, the 27 police officer shall require that such vehicle be driven to 28 the nearest available scale that has been tested and approved 29 pursuant to this Section by the Illinois Department of 30 Agriculture. Notwithstanding any provisions of the Weights 31 and Measures Act or the United States Department of Commerce 32 NIST handbook 44, multi or single draft weighing is an HB0458 Engrossed -3- LRB9101288KSsb 1 acceptable method of weighing by law enforcement for 2 determining a violation of Chapter 3 or 15 of this Code. Law 3 enforcement is exempt from the requirements of commercial 4 weighing established in NIST handbook 44. 5 Within 18 months after the effective date of this 6 amendatory Act of the 91st General Assembly, all municipal 7 and county officers, technicians, and employees who set up 8 and operate portable scales for wheel load or axle load or 9 both and issue citations based on the use of portable scales 10 for wheel load or axle load or both and who have not 11 successfully completed initial classroom and field training 12 regarding the set up and operation of portable scales, shall 13 attend and successfully complete initial classroom and field 14 training administered by the Illinois Law Enforcement 15 Training Standards Board. 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 21 vehicle to the limit permitted under this Chapter, or to the 22 limit permitted under the terms of a permit issued pursuant 23 to Sections 15-301 through 15-318 and shall forthwith arrest 24 the driver or owner. All material so unloaded shall be cared 25 for by the owner or operator of the vehicle at the risk of 26 such owner or operator; however, whenever a 3 or 4 axle 27 vehicle with a tandem axle dimension greater than 72 inches, 28 but less than 96 inches and registered as a Special Hauling 29 Vehicle is transporting asphalt or concrete in the plastic 30 state that exceeds axle weight or gross weight limits by less 31 than 4,000 pounds, the owner or operator of the vehicle shall 32 accept the arrest ticket or tickets for the alleged 33 violations under this Section and proceed without shifting or 34 reducing the load being transported or may shift or reduce HB0458 Engrossed -4- LRB9101288KSsb 1 the load under the provisions of subsection (d) or (e) of 2 this Section, when applicable. Any fine imposed following an 3 overweight violation by a vehicle registered as a Special 4 Hauling Vehicle transporting asphalt or concrete in the 5 plastic state shall be paid as provided in subsection 4 of 6 paragraph (a) of Section 16-105 of this Code. 7 (c) The Department of Transportation may, at the request 8 of the Department of State Police, erect appropriate 9 regulatory signs on any State highway directing second 10 division vehicles to a scale. The Department of 11 Transportation may also, at the direction of any State Police 12 officer, erect portable regulating signs on any highway 13 directing second division vehicles to a portable scale. 14 Every such vehicle, pursuant to such sign, shall stop and be 15 weighed. 16 (d) Whenever any axle load of a vehicle exceeds the axle 17 or tandem axle weight limits permitted by paragraph (a) or 18 (f) of Section 15-111 by 2000 pounds or less, the owner or 19 operator of the vehicle must shift or remove the excess so as 20 to comply with paragraph (a) or (f) of Section 15-111. No 21 overweight arrest ticket shall be issued to the owner or 22 operator of the vehicle by any officer if the gross weight is 23 shifted or removed as required by this paragraph. 24 (e) Whenever the gross weight of a vehicle with a 25 registered gross weight of 73,280 pounds or less exceeds the 26 weight limits of paragraph (b) or (f) of Section 15-111 of 27 this Chapter by 2000 pounds or less, the owner or operator of 28 the vehicle must remove the excess. Whenever the gross weight 29 of a vehicle with a registered gross weight of 73,281 pounds 30 or more exceeds the weight limits of paragraph (b) or (f) of 31 Section 15-111 by 1,000 pounds or less or 2,000 pounds or 32 less if weighed on wheel load weighers, the owner or operator 33 of the vehicle must remove the excess. In either case no 34 arrest ticket for any overweight violation of this Code shall HB0458 Engrossed -5- LRB9101288KSsb 1 be issued to the owner or operator of the vehicle by any 2 officer if the excess weight is removed as required by this 3 paragraph. A person who has been granted a special permit 4 under Section 15-301 of this Code shall not be granted a 5 tolerance on wheel load weighers. 6 (f) Whenever an axle load of a vehicle exceeds axle 7 weight limits allowed by the provisions of a permit an arrest 8 ticket shall be issued, but the owner or operator of the 9 vehicle may shift the load so as to comply with the 10 provisions of the permit. Where such shifting of a load to 11 comply with the permit is accomplished, the owner or operator 12 of the vehicle may then proceed. 13 (g) Any driver of a vehicle who refuses to stop and 14 submit his vehicle and load to weighing after being directed 15 to do so by an officer or removes or causes the removal of 16 the load or part of it prior to weighing is guilty of a 17 business offense and shall be fined not less than $500 nor 18 more than $2,000. 19 (Source: P.A. 88-403; 88-476; 88-535.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.