625 ILCS 5/ Illinois Vehicle Code.

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625 ILCS 5/15-112

(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
Illinois 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
Illinois 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) 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) of Section
15-111. No overweight arrest ticket shall be issued to the owner or operator
of the vehicle by any officer if the excess weight is shifted or
removed as
required by this paragraph.

(e) Whenever the gross weight of a vehicle with a registered gross
weight of 77,000 pounds or less exceeds the weight limits of paragraph
(a) 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 over 77,000 pounds
or more exceeds the weight limits of paragraph (a) 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.

(e-5) Auxiliary power or idle reduction unit (APU) weight.
(1) A vehicle with a fully functional APU shall be

allowed an additional 550 pounds or the certified unit weight, whichever is less. The additional pounds may be allowed in gross, axles, or bridge formula weight limits above the legal weight limits except when overweight on an axle or axles of the towed unit or units in combination.  This tolerance shall be given in addition to the limits in subsection (d) of this Section.

(2) An operator of a vehicle equipped with an APU

shall carry written certification showing the weight of the APU, which shall be displayed upon the request of any law enforcement officer.

(3) The operator may be required to demonstrate or

certify that the APU is fully functional at all times.

(4) This allowance may not be granted above the

weight limits specified on any loads permitted under Section 15-301 of this Code.

(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. 102-538, eff. 8-20-21.)

625 ILCS 5/15-113

(625 ILCS 5/15-113) (from Ch. 95 1/2, par. 15-113)

Sec. 15-113. Violations; penalties.

(a) Whenever any vehicle is operated in violation of the provisions of
Section 15-111 or subsection (d) of Section 3-401, the owner or driver of such
vehicle shall be deemed guilty of such violation and either the owner or the
driver of such vehicle may be prosecuted for such violation.
Any person charged with a violation of any of these provisions who pleads not
guilty shall be present in court for the trial on the charge.
 Any person, firm, or corporation convicted of any violation of
Section 15-111 including, but not limited to, a maximum axle or gross limit
specified on a regulatory sign posted in accordance with paragraph (e) or (f) of Section 15-111, shall be fined according to the following schedule:

Up to and including 2000 pounds overweight, the fine is $100

From 2001 through 2500 pounds overweight, the fine is $270

From 2501 through 3000 pounds overweight, the fine is $330

From 3001 through 3500 pounds overweight, the fine is $520

From 3501 through 4000 pounds overweight, the fine is $600

From 4001 through 4500 pounds overweight, the fine is $850

From 4501 through 5000 pounds overweight, the fine is $950

From 5001 or more pounds overweight, the fine shall be computed by assessing $1500 for the first 5000 pounds overweight and $150 for each additional increment of 500 pounds overweight or fraction thereof.

In addition, any person, firm, or corporation convicted of 4 or more violations
of Section 15-111 within any 12 month period shall be fined an additional
amount of $5,000 for the fourth and each subsequent conviction within the 12
month period. Provided, however, that with regard to a firm or corporation,
a fourth or subsequent conviction shall mean a fourth or subsequent
conviction attributable to any one employee-driver.

(b) Whenever any vehicle is operated in violation of the provisions of
Sections 15-102, 15-103 or 15-107, the owner or driver of
such vehicle shall be deemed guilty of such violation and either may be
prosecuted for such violation. Any person, firm, or corporation convicted
of any violation of Sections 15-102, 15-103 or 15-107 shall be fined for
the first or second conviction an amount equal to not less than $50 nor
more than $500, and for the third and subsequent convictions by the same
person, firm, or corporation within a period of one year after the date of
the first offense, not less than $500 nor more than $1,000.

(c) All proceeds equal to 50% of the fines recovered under subsection (a) of this Section shall be remitted to the State Treasurer and deposited into the Capital Projects Fund.

(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19.)

625 ILCS 5/15-113.1

(625 ILCS 5/15-113.1) (from Ch. 95 1/2, par. 15-113.1)

Sec. 15-113.1. Violations-sentence of permit moves.

Whenever any vehicle is operated in violation of the provisions of a
permit issued under the provisions of Sections 15-301 through 15-318 of
this Chapter by operating under a fraudulent permit or under a permit not
specifically covering the move, the owner or driver of such vehicle shall
be deemed guilty of a business offense and either the owner or the driver
of such vehicle may be prosecuted for such violation. When any person, firm
or corporation is convicted of such violation, the permit shall be null and
void and such person, firm or corporation shall be fined in an amount not
less than 10 cents per pound for each pound the gross weight of the vehicle
exceeds the gross weight of such vehicles allowable under Section 15-111 of
this Chapter.

Penalties for violations of this Section shall be in addition to any
penalties imposed for violation of Section 15-301(j) of this Chapter.

(Source: P.A. 100-728, eff. 1-1-19.)