(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 this chapter or the Illinois Vehicle Code. 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 this chapter, 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 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 divisions (D) or (E) of this section, when applicable.
(C) Whenever any axle load of a vehicle exceeds the weight limits permitted by § 76.08 by 2,000 pounds or less, the owner or operator of the vehicle must shift or remove the excess so as to comply with § 76.08. 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 hereby.
(D) Whenever the gross weight of a vehicle with a registered gross weight of 80,000 pounds or less exceeds the weight limits of § 76.08 by 2,000 pounds or less, the owner or operator of the vehicle must remove the excess. In either case, no arrest ticket shall be issued to the owner or operator of the vehicle if the excess weight is removed as required by this division. The owner or operator shall be responsible for the lawful disposition of the excess load.
(E) Whenever an axle load of a vehicle exceeds axle weight limits allowed by the provisions of a permit issued under this chapter, 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, but the arrest ticket shall stand.
(F) 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 violation of this chapter, and shall be fined not less than $500 nor more than $2,000.
(Ord. 17-1385, passed 6-21-17)