(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 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 the scales are not available at the place where the vehicle is stopped, the police officer shall require that the 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 State 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 ILCS Ch. 3 or 15. 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, the officer shall require the driver to stop the vehicle in a suitable place and remain standing until that 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 §§ 74.125 through 74.143 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 the owner or operator; however, whenever a three- or four-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 divisions (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 ILCS Ch. 625, Act 5, § 16-105.
(C) Whenever any axle load of a vehicle exceeds the weight limits permitted by § 74.110 (A) or (G) by 2,000 pounds or less, the owner or operator of the vehicle must shift or remove the excess so as to comply with § 74.110 (A) or (G). No overweight arrest ticket shall be issued to the owner or operator of the vehicle by any officer if the excess weight is removed as required by this division.
(D) Whenever the gross weight of a vehicle with a registered gross weight of 73,280 pounds or less exceeds the weight limits of § 74.110 (B) or (G) by 2,000 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 § 74.110(B) or (G) 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 chapter shall be issued to the owner or operator of the vehicle by any officer if the excess weight is removed as required by this division. A person who has been granted a special permit under § 74.125 shall not be granted a tolerance on wheel load weighers.
(E) Whenever the gross weight of a vehicle exceeds the registration weight limits established under ILCS Ch. 625, Act 5, § 3-801 through § 3-834 by 2,001 pounds or more, the driver or owner, in addition to any other violation or penalty, shall be fined in accordance to the schedule enumerated in § 74.112.
(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 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, shall be punished as provided in § 70.999.
(Ord., passed - - ; Am. Ord. 7140, passed 8-20-85) Penalty, see § 70.999
Statutory reference:
Similar provisions, see ILCS Ch. 625, Act 5, § 15-112