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90_HB1355
625 ILCS 5/15-112 from Ch. 95 1/2, par. 15-112
Amends the Illinois Vehicle Code to provide that a police
officer having reason to believe that the weight of a vehicle
and load is unlawful shall require that the vehicle be
driven, but no more than 10 miles, to the nearest available
scale (instead of requiring the vehicle to be driven to the
nearest available scale).
LRB9003478NTmg
LRB9003478NTmg
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, but
16 no more than 10 miles, to the nearest available scale that
17 has been tested and approved by the Illinois Department of
18 Agriculture. Notwithstanding any provisions of the Weights
19 and Measures Act or the United States Department of Commerce
20 NIST handbook 44, multi or single draft weighing is an
21 acceptable method of weighing by law enforcement for
22 determining a violation of Chapter 3 or 15 of this Code. Law
23 enforcement is exempt from the requirements of commercial
24 weighing established in NIST 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
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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
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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 73,280 pounds or less exceeds the
4 weight limits of paragraph (b) or (f) of Section 15-111 of
5 this Chapter by 2000 pounds or less, the owner or operator of
6 the vehicle must remove the excess. Whenever the gross weight
7 of a vehicle with a registered gross weight of 73,281 pounds
8 or more exceeds the weight limits of paragraph (b) or (f) of
9 Section 15-111 by 1,000 pounds or less, the owner or operator
10 of the vehicle must remove the excess. In either case no
11 arrest ticket for any overweight violation of this Code shall
12 be issued to the owner or operator of the vehicle by any
13 officer if the excess weight is removed as required by this
14 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.)