State of Illinois
90th General Assembly
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90_SB0474

      625 ILCS 5/15-112         from Ch. 95 1/2, par. 15-112
          Amends the Illinois Vehicle Code.  Provides that  when  a
      vehicle  with  a  registered gross weight of 80,000 pounds or
      less exceeds certain weight limits by 2,000  pounds  or  less
      the  owner  or operator of the vehicle must remove the excess
      (now provides for removal of the excess if (i) the registered
      gross weight of the vehicle is 73,280 or less and exceeds the
      weight limits by 2,000 pounds or less, or (ii) the registered
      gross weight of the vehicle is 73,280 or more and exceeds the
      weight limits by 1,000 pounds or less).
                                                     LRB9003014NTsb
                                               LRB9003014NTsb
 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.
25        (b)  Whenever an officer, upon weighing a vehicle and the
26    load,  determines  that  the weight is unlawful, such officer
27    shall require the driver to stop the vehicle  in  a  suitable
28    place  and  remain standing until such portion of the load is
29    removed as may be necessary  to  reduce  the  weight  of  the
30    vehicle  to the limit permitted under this Chapter, or to the
31    limit permitted under the terms of a permit  issued  pursuant
                            -2-                LRB9003014NTsb
 1    to  Sections 15-301 through 15-318 and shall forthwith arrest
 2    the driver or owner. All material so unloaded shall be  cared
 3    for  by  the  owner or operator of the vehicle at the risk of
 4    such owner or operator; however,  whenever  a  3  or  4  axle
 5    vehicle  with a tandem axle dimension greater than 72 inches,
 6    but less than 96 inches and registered as a  Special  Hauling
 7    Vehicle  is  transporting  asphalt or concrete in the plastic
 8    state that exceeds axle weight or gross weight limits by less
 9    than 4,000 pounds, the owner or operator of the vehicle shall
10    accept  the  arrest  ticket  or  tickets  for   the   alleged
11    violations under this Section and proceed without shifting or
12    reducing  the  load  being transported or may shift or reduce
13    the load under the provisions of subsection  (d)  or  (e)  of
14    this Section, when applicable.  Any fine imposed following an
15    overweight  violation  by  a  vehicle registered as a Special
16    Hauling Vehicle  transporting  asphalt  or  concrete  in  the
17    plastic  state  shall  be paid as provided in subsection 4 of
18    paragraph (a) of Section 16-105 of this Code.
19        (c)  The Department of Transportation may, at the request
20    of  the  Department  of  State  Police,   erect   appropriate
21    regulatory  signs  on  any  State  highway  directing  second
22    division   vehicles   to   a   scale.    The   Department  of
23    Transportation may also, at the direction of any State Police
24    officer, erect  portable  regulating  signs  on  any  highway
25    directing  second  division  vehicles  to  a  portable scale.
26    Every such vehicle, pursuant to such sign, shall stop and  be
27    weighed.
28        (d)  Whenever any axle load of a vehicle exceeds the axle
29    or  tandem  axle  weight limits permitted by paragraph (a) or
30    (f) of Section 15-111 by 2000 pounds or less,  the  owner  or
31    operator of the vehicle must shift or remove the excess so as
32    to  comply  with  paragraph  (a) or (f) of Section 15-111. No
33    overweight arrest ticket shall be  issued  to  the  owner  or
34    operator of the vehicle by any officer if the gross weight is
                            -3-                LRB9003014NTsb
 1    shifted or removed as required by this paragraph.
 2        (e)  Whenever  the  gross  weight  of  a  vehicle  with a
 3    registered gross weight  of  80,000  73,280  pounds  or  less
 4    exceeds  the weight limits of paragraph (b) or (f) of Section
 5    15-111 of this Chapter by 2000 pounds or less, the  owner  or
 6    operator  of the vehicle must remove the excess. Whenever the
 7    gross weight of a vehicle with a registered gross  weight  of
 8    73,281  pounds or more exceeds the weight limits of paragraph
 9    (b) or (f) of Section 15-111 by 1,000  pounds  or  less,  the
10    owner  or  operator of the vehicle must remove the excess. In
11    either case No arrest ticket for any overweight violation  of
12    this  Code  shall  be  issued to the owner or operator of the
13    vehicle by any officer if the excess  weight  is  removed  as
14    required by this paragraph.
15        (f)  Whenever  an  axle  load  of  a vehicle exceeds axle
16    weight limits allowed by the provisions of a permit an arrest
17    ticket shall be issued, but the  owner  or  operator  of  the
18    vehicle  may  shift  the  load  so  as  to  comply  with  the
19    provisions  of  the  permit. Where such shifting of a load to
20    comply with the permit is accomplished, the owner or operator
21    of the vehicle may then proceed.
22        (g)  Any driver of a vehicle  who  refuses  to  stop  and
23    submit  his vehicle and load to weighing after being directed
24    to do so by an officer or removes or causes  the  removal  of
25    the  load  or  part  of  it  prior to weighing is guilty of a
26    business offense and shall be fined not less  than  $500  nor
27    more than $2,000.
28    (Source: P.A. 88-403; 88-476; 88-535.)

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