State of Illinois
91st General Assembly
Public Acts

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Public Act 91-0129

HB0458 Enrolled                                LRB9101288KSsb

    AN ACT concerning vehicles.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The Illinois Police Training Act is amended
by changing Section 10.1 as follows:

    (50 ILCS 705/10.1) (from Ch. 85, par. 510.1)
    Sec. 10.1.  Additional  training  programs.    The  Board
shall initiate, administer, and conduct training programs for
permanent  police  officers  and permanent county corrections
officers in addition to the basic recruit  training  program.
The  Board  may  initiate,  administer,  and conduct training
programs for part-time police officers  in  addition  to  the
basic  part-time  police  training  course.  The training for
permanent and part-time police officers and permanent  county
corrections  officers may be given in any schools selected by
the Board.  Such training may include all or any part of  the
subjects enumerated in Section 7 of this Act.
    The  corporate  authorities  of  all  participating local
governmental  agencies  may  elect  to  participate  in   the
advanced training for permanent and part-time police officers
and     permanent    county    corrections    officers    but
nonparticipation in this program shall not in any way  affect
the   mandatory   responsibility  of  governmental  units  to
participate  in  the  basic  recruit  training  programs  for
probationary full-time and  part-time  police  and  permanent
county corrections officers.  The failure of any permanent or
part-time  police  officer  or  permanent  county corrections
officer to successfully complete any course authorized  under
this  Section  shall  not  affect  the  officer's status as a
member of the police department or county sheriff's office of
any local governmental agency.
    The Board may initiate, administer, and conduct  training
programs  for  clerks  of  circuit  courts.   Those  training
programs,  at  the  Board's  discretion,  may  be the same or
variations of training programs for law enforcement officers.
    The Board  shall  initiate,  administer,  and  conduct  a
training  program  regarding  the  set  up  and  operation of
portable scales for all municipal and county police officers,
technicians, and employees who set up  and  operate  portable
scales.   This  training  program  must include classroom and
field training.
(Source: P.A. 89-170,  eff.  1-1-96;  89-670,  eff.  8-14-96;
90-271, eff. 7-30-97.)

    Section  10.   The  Illinois  Vehicle  Code is amended by
changing Section 15-112 as follows:

    (625 ILCS 5/15-112) (from Ch. 95 1/2, par. 15-112)
    Sec. 15-112.  Officers  to  weigh  vehicles  and  require
removal of excess loads.
    (a)  Any police officer having reason to believe that the
weight  of  a  vehicle and load is unlawful shall require the
driver to stop and submit to a weighing of the same either by
means of a portable  or  stationary  scales  that  have  been
tested and approved at a frequency prescribed by the Illinois
Department  of  Agriculture,  or for those scales operated by
the State, when such tests are requested by the Department of
State Police, whichever is more frequent. If such scales  are
not available at the place where such vehicle is stopped, the
police  officer  shall require that such vehicle be driven to
the nearest available scale that has been tested and approved
pursuant to  this  Section  by  the  Illinois  Department  of
Agriculture.  Notwithstanding  any  provisions of the Weights
and Measures Act or the United States Department of  Commerce
NIST  handbook  44,  multi  or  single  draft  weighing is an
acceptable  method  of  weighing  by  law   enforcement   for
determining  a violation of Chapter 3 or 15 of this Code. Law
enforcement is exempt from  the  requirements  of  commercial
weighing established in NIST handbook 44.
    Within  18  months  after  the  effective  date  of  this
amendatory  Act  of  the 91st General Assembly, all municipal
and county officers, technicians, and employees  who  set  up
and  operate  portable  scales for wheel load or axle load or
both and issue citations  based on the use of portable scales
for wheel load  or  axle  load  or  both  and  who  have  not
successfully  completed  initial classroom and field training
regarding the set up and operation of portable scales,  shall
attend  and successfully complete initial classroom and field
training  administered  by  the  Illinois   Law   Enforcement
Training Standards Board.
    (b)  Whenever an officer, upon weighing a vehicle and the
load,  determines  that  the weight is unlawful, such officer
shall require the driver to stop the vehicle  in  a  suitable
place  and  remain standing until such portion of the load is
removed as may be necessary  to  reduce  the  weight  of  the
vehicle  to the limit permitted under this Chapter, or to the
limit permitted under the terms of a permit  issued  pursuant
to  Sections 15-301 through 15-318 and shall forthwith arrest
the driver or owner. All material so unloaded shall be  cared
for  by  the  owner or operator of the vehicle at the risk of
such owner or operator; however,  whenever  a  3  or  4  axle
vehicle  with a tandem axle dimension greater than 72 inches,
but less than 96 inches and registered as a  Special  Hauling
Vehicle  is  transporting  asphalt or concrete in the plastic
state that exceeds axle weight or gross weight limits by less
than 4,000 pounds, the owner or operator of the vehicle shall
accept  the  arrest  ticket  or  tickets  for   the   alleged
violations under this Section and proceed without shifting or
reducing  the  load  being transported or may shift or reduce
the load under the provisions of subsection  (d)  or  (e)  of
this Section, when applicable.  Any fine imposed following an
overweight  violation  by  a  vehicle registered as a Special
Hauling Vehicle  transporting  asphalt  or  concrete  in  the
plastic  state  shall  be paid as provided in subsection 4 of
paragraph (a) of Section 16-105 of this Code.
    (c)  The Department of Transportation may, at the request
of  the  Department  of  State  Police,   erect   appropriate
regulatory  signs  on  any  State  highway  directing  second
division   vehicles   to   a   scale.    The   Department  of
Transportation may also, at the direction of any State Police
officer, erect  portable  regulating  signs  on  any  highway
directing  second  division  vehicles  to  a  portable scale.
Every such vehicle, pursuant to such sign, shall stop and  be
weighed.
    (d)  Whenever any axle load of a vehicle exceeds the axle
or  tandem  axle  weight limits permitted by paragraph (a) or
(f) of Section 15-111 by 2000 pounds or less,  the  owner  or
operator of the vehicle must shift or remove the excess so as
to  comply  with  paragraph  (a) or (f) of Section 15-111. No
overweight arrest ticket shall be  issued  to  the  owner  or
operator of the vehicle by any officer if the gross weight is
shifted or removed as required by this paragraph.
    (e)  Whenever  the  gross  weight  of  a  vehicle  with a
registered gross weight of 73,280 pounds or less exceeds  the
weight  limits  of  paragraph (b) or (f) of Section 15-111 of
this Chapter by 2000 pounds or less, the owner or operator of
the vehicle must remove the excess. Whenever the gross weight
of a vehicle with a registered gross weight of 73,281  pounds
or  more exceeds the weight limits of paragraph (b) or (f) of
Section 15-111 by 1,000 pounds or less  or  2,000  pounds  or
less if weighed on wheel load weighers, the owner or operator
of  the  vehicle  must  remove  the excess. In either case no
arrest ticket for any overweight violation of this Code shall
be issued to the owner or operator  of  the  vehicle  by  any
officer  if  the excess weight is removed as required by this
paragraph.  A person who has been granted  a  special  permit
under  Section  15-301  of  this  Code shall not be granted a
tolerance on wheel load weighers.
    (f)  Whenever an axle load  of  a  vehicle  exceeds  axle
weight limits allowed by the provisions of a permit an arrest
ticket  shall  be  issued,  but  the owner or operator of the
vehicle  may  shift  the  load  so  as  to  comply  with  the
provisions of the permit. Where such shifting of  a  load  to
comply with the permit is accomplished, the owner or operator
of the vehicle may then proceed.
    (g)  Any  driver  of  a  vehicle  who refuses to stop and
submit his vehicle and load to weighing after being  directed
to  do  so  by an officer or removes or causes the removal of
the load or part of it prior  to  weighing  is  guilty  of  a
business  offense  and  shall be fined not less than $500 nor
more than $2,000.
(Source: P.A. 88-403; 88-476; 88-535.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

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