State of Illinois
91st General Assembly

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[ Introduced ][ Engrossed ][ House Amendment 001 ]


HB0458 Enrolled                                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 Enrolled             -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 Enrolled             -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 Enrolled             -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 Enrolled             -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.

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