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| [ Senate Amendment 001 ] |
91_SB1059
LRB9101208KSgc
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 15-112.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 15-112 as follows:
7 (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
8 Sec. 15-112. Officers to weigh vehicles and require
9 removal of excess loads.
10 (a) Any police officer having reason to believe that the
11 weight of a vehicle and load is unlawful shall require the
12 driver to stop and submit to a weighing of the same either by
13 means of a portable or stationary scales. If such scales are
14 not available at the place where such vehicle is stopped, the
15 police officer shall require that such vehicle be driven to
16 the nearest available scale that has been tested and approved
17 by the Illinois Department of Agriculture. Notwithstanding
18 any provisions of the Weights and Measures Act or the United
19 States Department of Commerce NIST handbook 44, multi or
20 single draft weighing is an acceptable method of weighing by
21 law enforcement for determining a violation of Chapter 3 or
22 15 of this Code. Law enforcement is exempt from the
23 requirements of commercial weighing established in NIST
24 handbook 44. No officer shall detain a driver for more than
25 15 minutes for the purpose of waiting for a portable scale to
26 arrive at the location, be set up, and be operational.
27 (b) Whenever an officer, upon weighing a vehicle and the
28 load, determines that the weight is unlawful, such officer
29 shall require the driver to stop the vehicle in a suitable
30 place and remain standing until such portion of the load is
31 removed as may be necessary to reduce the weight of the
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1 vehicle to the limit permitted under this Chapter, or to the
2 limit permitted under the terms of a permit issued pursuant
3 to Sections 15-301 through 15-318 and shall forthwith arrest
4 the driver or owner. All material so unloaded shall be cared
5 for by the owner or operator of the vehicle at the risk of
6 such owner or operator; however, whenever a 3 or 4 axle
7 vehicle with a tandem axle dimension greater than 72 inches,
8 but less than 96 inches and registered as a Special Hauling
9 Vehicle is transporting asphalt or concrete in the plastic
10 state that exceeds axle weight or gross weight limits by less
11 than 4,000 pounds, the owner or operator of the vehicle shall
12 accept the arrest ticket or tickets for the alleged
13 violations under this Section and proceed without shifting or
14 reducing the load being transported or may shift or reduce
15 the load under the provisions of subsection (d) or (e) of
16 this Section, when applicable. Any fine imposed following an
17 overweight violation by a vehicle registered as a Special
18 Hauling Vehicle transporting asphalt or concrete in the
19 plastic state shall be paid as provided in subsection 4 of
20 paragraph (a) of Section 16-105 of this Code.
21 (c) The Department of Transportation may, at the request
22 of the Department of State Police, erect appropriate
23 regulatory signs on any State highway directing second
24 division vehicles to a scale. The Department of
25 Transportation may also, at the direction of any State Police
26 officer, erect portable regulating signs on any highway
27 directing second division vehicles to a portable scale.
28 Every such vehicle, pursuant to such sign, shall stop and be
29 weighed.
30 (d) Whenever any axle load of a vehicle exceeds the axle
31 or tandem axle weight limits permitted by paragraph (a) or
32 (f) of Section 15-111 by 2000 pounds or less, the owner or
33 operator of the vehicle must shift or remove the excess so as
34 to comply with paragraph (a) or (f) of Section 15-111. No
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1 overweight arrest ticket shall be issued to the owner or
2 operator of the vehicle by any officer if the gross weight is
3 shifted or removed as required by this paragraph.
4 (e) Whenever the gross weight of a vehicle with a
5 registered gross weight of 73,280 pounds or less exceeds the
6 weight limits of paragraph (b) or (f) of Section 15-111 of
7 this Chapter by 2000 pounds or less, the owner or operator of
8 the vehicle must remove the excess. Whenever the gross weight
9 of a vehicle with a registered gross weight of 73,281 pounds
10 or more exceeds the weight limits of paragraph (b) or (f) of
11 Section 15-111 by 1,000 pounds or less, the owner or operator
12 of the vehicle must remove the excess. In either case no
13 arrest ticket for any overweight violation of this Code shall
14 be issued to the owner or operator of the vehicle by any
15 officer if the excess weight is removed as required by this
16 paragraph.
17 (f) Whenever an axle load of a vehicle exceeds axle
18 weight limits allowed by the provisions of a permit an arrest
19 ticket shall be issued, but the owner or operator of the
20 vehicle may shift the load so as to comply with the
21 provisions of the permit. Where such shifting of a load to
22 comply with the permit is accomplished, the owner or operator
23 of the vehicle may then proceed.
24 (g) Any driver of a vehicle who refuses to stop and
25 submit his vehicle and load to weighing after being directed
26 to do so by an officer or removes or causes the removal of
27 the load or part of it prior to weighing is guilty of a
28 business offense and shall be fined not less than $500 nor
29 more than $2,000.
30 (Source: P.A. 88-403; 88-476; 88-535.)