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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/15-317
(625 ILCS 5/15-317) (from Ch. 95 1/2, par. 15-317)
Sec. 15-317.
Special weight limitation on elevated structures.
(a) No person shall operate a vehicle or combination of vehicles over a
bridge or other elevated structure constituting a part of a highway with a
gross weight which is greater than the maximum weight permitted by the
Department, when such structure is sign posted as provided in this Section.
(b) The Department upon request from any local authority shall, or upon
its own initiative may, conduct an investigation of any bridge or other
elevated structure constituting a part of a highway, and if it finds that
such structure cannot with safety to itself withstand the weight of
vehicles otherwise permissible under this Chapter the Department shall
determine and declare the maximum weight of vehicles which such structure
can withstand, and shall cause or permit suitable signs stating maximum
weight to be erected and maintained before each end of such structure.
(c) Upon the trial of any person charged with a violation of this
Section proof of the determination of the maximum allowable weight by the
Department and the existence of the signs, constitutes conclusive evidence
of the maximum weight which can be maintained with safety to such bridge or
structure.
(Source: P.A. 76-1586.)
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625 ILCS 5/15-318
(625 ILCS 5/15-318) (from Ch. 95 1/2, par. 15-318)
Sec. 15-318.
Liability if highway or structure damaged.
(a) Any person driving any vehicle, object or contrivance upon any
highway or highway structure is liable for all damage which the highway
or structure may sustain as a result of any illegal operation, driving
or moving of such vehicle, object or contrivance, or as a result of
operating, driving, or moving any vehicle, object, or contrivance
exceeding the maximum dimensions or weighing in excess of the maximum
weight specified in this Chapter but authorized by a special permit
issued as provided in this Chapter. The measure of liability is the cost
of repairing a facility partially damaged or the depreciated replacement
cost of a facility damaged beyond repair together with all other
expenses incurred by the authorities in control of the highway or
highway structure in providing a temporary detour, including a temporary
structure, to serve the needs of traffic during the period of repair or
replacement of the damaged highway or highway structure.
(b) Whenever such driver is not the owner of such vehicle, object,
or contrivance, but is so operating, driving, or moving the same with
the express or implied permission of such owner, then the owner and
driver are jointly and severally liable to the extent provided in
paragraph (a) of this Section.
(c) Recovery may be had in a civil action brought by the authorities
in control of such highway or highway structure.
(Source: P.A. 81-199.)
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625 ILCS 5/15-319
(625 ILCS 5/15-319) (from Ch. 95 1/2, par. 15-319)
Sec. 15-319.
(Repealed).
(Source: P.A. 83-831. Repealed by P.A. 100-728, eff. 1-1-19 .)
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625 ILCS 5/Ch. 16
(625 ILCS 5/Ch. 16 heading)
CHAPTER 16.
ENFORCEMENT, PENALTIES AND DISPOSITION
OF FINES AND FORFEITURES, AND CRIMINAL CASES
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625 ILCS 5/Ch. 16 Art. I
(625 ILCS 5/Ch. 16 Art. I heading)
ARTICLE I.
ENFORCEMENT, PENALTIES AND
DISPOSITION OF FINES AND FORFEITURES
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625 ILCS 5/16-101
(625 ILCS 5/16-101) (from Ch. 95 1/2, par. 16-101)
Sec. 16-101.
Applicability.
The provisions of this Chapter shall be applicable to the enforcement of
this entire Code, except where another penalty is set forth in a specific
Chapter which is applicable to that Chapter or a designated part or Section thereof.
(Source: P.A. 82-1011.)
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625 ILCS 5/16-102
(625 ILCS 5/16-102) (from Ch. 95 1/2, par. 16-102)
Sec. 16-102. Arrests - Investigations - Prosecutions. (a) The Illinois State Police shall patrol the public highways and make arrests
for violation of the provisions of this Act.
(b) The Secretary of State, through the investigators provided for in
this Act shall investigate and report violations of the provisions of
this Act in relation to the equipment and operation of vehicles as
provided for in Section 2-115 and for such purposes these investigators
have and may exercise throughout the State all of the powers of police officers.
(c) The State's Attorney of the county in which the violation occurs
shall prosecute all violations except when the violation occurs within
the corporate limits of a municipality, the municipal attorney may
prosecute if written permission to do so is obtained from the State's
Attorney. (d) The State's Attorney of the county in which the violation occurs may not grant to the municipal attorney permission to prosecute if the offense charged is a felony under Section 11-501 of this Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(Source: P.A. 102-538, eff. 8-20-21.)
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625 ILCS 5/16-102.5
(625 ILCS 5/16-102.5)
Sec. 16-102.5.
Enforcement by municipality.
(a) If a municipality adopts an
ordinance similar to subsection (f) of Section 3-413 or Section 11-1304.5
of this Code, any person
that a municipality designates to enforce ordinances regulating the standing or
parking of vehicles shall have the authority to enforce the provisions of
subsection (f) of Section 3-413 or Section 11-1304.5 of this Code or the
similar local ordinance.
However, the authority to enforce subsection (f) of Section 3-413 or Section
11-1304.5 of this Code
or a similar local ordinance shall not be given to an appointed volunteer or
private or public entity under contract to enforce person with
disabilities parking laws.
(b) To enforce the provisions of subsection (f) of Section 3-413 or
Section 11-1304.5 of this
Code or a similar local ordinance, a municipality shall impose a fine not
exceeding $25.
(Source: P.A. 90-513, eff. 8-22-97; 90-655, eff. 7-30-98; 91-487, eff. 1-1-00.)
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625 ILCS 5/16-103
(625 ILCS 5/16-103) (from Ch. 95 1/2, par. 16-103)
Sec. 16-103. Arrest outside county where violation committed.
Whenever a defendant is arrested upon a warrant charging a violation of
this Act in a county other than that in which such warrant was issued, the
arresting officer, immediately upon the request of the defendant, shall
take such defendant before a circuit judge or associate circuit judge in
the county in which the arrest was made who shall admit the defendant to
pretrial release for his appearance before the court named in the warrant. On setting the conditions of pretrial release, the circuit judge or associate circuit judge shall certify such
fact on the warrant and deliver the warrant and conditions of pretrial release, or the drivers license of such defendant if deposited,
under the law relating to such licenses, in lieu of such security, to the
officer having charge of the defendant. Such officer shall then immediately
discharge the defendant from arrest and without delay deliver such warrant
and such acknowledgment by the defendant of his or her receiving the conditions of pretrial release or drivers license to the
court before which the defendant is required to appear.
(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22 .)
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625 ILCS 5/16-104
(625 ILCS 5/16-104) (from Ch. 95 1/2, par. 16-104)
Sec. 16-104.
Penalties.
Every person convicted of a violation of any
provision of this
Code for which another penalty is not provided shall, for a
first or
second conviction thereof, be guilty of a petty offense and, for
a
third or subsequent conviction within one year after the first
conviction, be guilty of a Class C misdemeanor.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/16-104a
(625 ILCS 5/16-104a) (from Ch. 95 1/2, par. 16-104a)
Sec. 16-104a. (Repealed). (Source: P.A. 97-931, eff. 1-1-13. Repealed by P.A. 100-987, eff. 7-1-19.)
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625 ILCS 5/16-104b
(625 ILCS 5/16-104b)
Sec. 16-104b. (Repealed).
(Source: P.A. 95-331, eff. 8-21-07. Repealed by P.A. 100-987, eff. 7-1-19.)
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625 ILCS 5/16-104c (625 ILCS 5/16-104c) Sec. 16-104c. (Repealed).
(Source: P.A. 96-625, eff. 1-1-10. Repealed by P.A. 100-987, eff. 7-1-19.) |
625 ILCS 5/16-104d (625 ILCS 5/16-104d) Sec. 16-104d. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
625 ILCS 5/16-104d-1 (625 ILCS 5/16-104d-1) Sec. 16-104d-1. (Repealed).
(Source: P.A. 99-455, eff. 1-1-16. Repealed by P.A. 100-987, eff. 7-1-19.) |
625 ILCS 5/16-104e (625 ILCS 5/16-104e) Sec. 16-104e. Minimum penalty for traffic offenses. Unless otherwise disposed of prior to a court appearance in the same matter under Supreme Court Rule 529, a person who, after a court appearance in the same matter, is found guilty of or pleads guilty to, including any person receiving a disposition of court supervision, a violation of this Code or a similar provision of a local ordinance shall pay a fine that may not be waived. Nothing in this Section shall prevent the court from ordering that the fine be paid within a specified period of time or in installments under Section 5-9-1 of the Unified Code of Corrections.
(Source: P.A. 96-1462, eff. 1-1-11.) |
625 ILCS 5/16-105
(625 ILCS 5/16-105) (from Ch. 95 1/2, par. 16-105)
Sec. 16-105. Disposition of fines and forfeitures.
(a) Except as provided in Section 15-113 of this Act and except those amounts subject to disbursement by the circuit
clerk under the Criminal and Traffic Assessment Act, fines and penalties
recovered under the provisions of Chapters 3 through 17 and 18b inclusive of this
Code shall be paid and used as follows:
1. For offenses committed upon a highway within the | | limits of a city, village, or incorporated town or under the jurisdiction of any park district, to the treasurer of the particular city, village, incorporated town, or park district, if the violator was arrested by the authorities of the city, village, incorporated town, or park district, provided the police officers and officials of cities, villages, incorporated towns, and park districts shall seasonably prosecute for all fines and penalties under this Code. If the violation is prosecuted by the authorities of the county, any fines or penalties recovered shall be paid to the county treasurer, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund. Provided further that if the violator was arrested by the Illinois State Police, fines and penalties recovered under the provisions of paragraph (a) of Section 15-113 of this Code or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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2. Except as provided in paragraph 4, for offenses
| | committed upon any highway outside the limits of a city, village, incorporated town, or park district, to the county treasurer of the county where the offense was committed except if such offense was committed on a highway maintained by or under the supervision of a township, township district, or a road district to the Treasurer thereof for deposit in the road and bridge fund of such township or other district, except that fines and penalties recovered from violations arrested by the Illinois State Police shall be remitted to the State Treasurer for deposit into the State Police Law Enforcement Administration Fund; provided that fines and penalties recovered under the provisions of paragraph (a) of Section 15-113, paragraph (d) of Section 3-401, or paragraph (e) of Section 15-316 of this Code shall be remitted to the State Treasurer who shall deposit the amount so remitted in the special fund in the State treasury known as the Road Fund except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the State Treasurer for remittance to and deposit by the State Treasurer as hereinabove provided.
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3. Notwithstanding subsections 1 and 2 of this
| | paragraph, for violations of overweight and overload limits found in Sections 15-101 through 15-203 of this Code, which are committed upon the highways belonging to the Illinois State Toll Highway Authority, fines and penalties shall be remitted to the Illinois State Toll Highway Authority for deposit with the State Treasurer into that special fund known as the Illinois State Toll Highway Authority Fund, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office and the balance shall be remitted to the Illinois State Toll Highway Authority for remittance to and deposit by the State Treasurer as hereinabove provided.
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4. With regard to violations of overweight and
| | overload limits found in Sections 15-101 through 15-203 of this Code committed by operators of vehicles registered as Special Hauling Vehicles, for offenses committed upon a highway within the limits of a city, village, or incorporated town or under the jurisdiction of any park district, all fines and penalties shall be paid over or retained as required in paragraph 1. However, with regard to the above offenses committed by operators of vehicles registered as Special Hauling Vehicles upon any highway outside the limits of a city, village, incorporated town, or park district, fines and penalties shall be paid over or retained by the entity having jurisdiction over the road or highway upon which the offense occurred, except that if the violation is prosecuted by the State's Attorney, 10% of the fine or penalty recovered shall be paid to the State's Attorney as a fee of his office.
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(b) Failure, refusal, or neglect on the part of any judicial or other
officer or employee receiving or having custody of any such fine or
forfeiture either before or after a deposit with the proper official as
defined in paragraph (a) of this Section, shall constitute misconduct in
office and shall be grounds for removal therefrom.
(Source: P.A. 102-145, eff. 7-23-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
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