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(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. 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 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 ILCS Ch. 625, Act 5, §§ 3-100 et seq. Law enforcement is exempt from the requirements of commercial weighing established in NIST handbook 44.
(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 §§ 74.120 through 74.139, 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.
(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. Every second division vehicle, pursuant to the sign, shall stop and be weighed.
(D) Whenever any axle load of a vehicle exceeds the weight limits permitted by § 74.111 (A) or (F) by 2,000 pounds or less, the owner or operator of the vehicle must shift or remove the excess so as to comply with § 74.111 (A) or (F). No overweight arrest ticket shall be issued to the owner or operator of the vehicle by any officer if the gross weight is either shifted or removed as required by this division.
(E) Whenever the gross weight of a vehicle with a registered gross weight of 80,000 pounds or less exceeds the weight limits of § 74.111(B) or (F) 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 80,000 pounds or more exceeds the weight limits of § 74.111(B) or (F) by 1,000 pounds or less than 2,000 pounds, the owner or operator of the vehicle must remove the excess. In either case no arrest ticket for any overweight violation of this subchapter 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 ILCS Ch. 625, Act 5, § 15-301 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 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.
(ILCS Ch. 625, Act 5, § 15-112) Penalty, see § 70.999
(A) Whenever any vehicle is operated in violation of the provisions of § 74.111, the owner or driver of the vehicle shall be deemed guilty of the violation and either the owner or the driver of the vehicle may be prosecuted for the violation. Any person, firm, or corporation convicted of any violation of § 74.111 including, but not limited to, a maximum axle or gross limit specified on a regulatory sign posted in accordance with § 74.111(J) or (K) shall be fined according to the following schedule:
(1) Up to and including 2000 pounds, $50 unless the overweight can be shifted or removed to conform to all legal weights;
(2) Between 2001 and 2500 pounds, $135;
(3) Between 2501 and 3000 pounds, $165;
(4) Between 3001 and 3500 pounds, $260;
(5) Between 3501 and 4000 pounds, $300;
(6) Between 4001 and 4500 pounds, $425;
(7) Between 4501 and 5000 pounds, $475;
(8) From 5001 or more pounds, the fine shall be computed at the rate of $75 for each increment of 500 pounds overweight or fractions thereof.
(B) In addition any person, firm, or corporation convicted of 4 or more violations of § 74.111 within any 12-month period shall be fined an additional amount of $2500 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.
(C) Whenever any vehicle is operated in violation of the provisions of § 74.102, § 74.103, or § 74.107, the owner or driver of the vehicle shall be deemed guilty of the violation and either may be prosecuted for violation. Any person, firm, or corporation convicted of any violation of § 74.102, § 74.103, or § 74.107 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.
(A) Whenever any vehicle is operated in violation of the provisions of a permit issued under the provisions of §§ 74.120 through 74.139 by operating under a fraudulent permit or under a permit not specifically covering the move, the owner or driver of the vehicle shall be deemed guilty of a business offense, and either the owner or the driver of the vehicle may be prosecuted for the violation. When any person, firm, or corporation is convicted of a violation, the permit shall be null and void and the person, firm, or corporation shall be fined in an amount not to exceed $500, not less than $.10 per pound for each pound the gross weight of the vehicle exceeds the gross weight of vehicles allowable under § 74.111.
(B) Penalties for violations of this section shall be in addition to any penalties imposed for violation of § 74.120 (J).
(ILCS Ch. 625, Act 5, § 15-113.1) Penalty, see § 70.999
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