Most commercial trucks are subject to Illinois' overweight truck laws, and drivers face costly penalties for any violations. Aside from potentially an expensive fine, there are other consequences a driver and trucking company may face: jail time, late arrivals, and damaged customer relationships. Here's everything you need to know about overweight tickets.
Getting Pulled Over
Under Illinois law 625 ILCS 5/15-112, “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.” An officer can use a portable or stationary scale, but if that's not available, they can require the driver to go to the nearest available scale.
If law enforcement determines the vehicle is overweight, the officer can require the driver to stop until the portion of the load necessary to reduce the weight to the required limit is reached. If the truck is overweight on axle weight limits, the owner or operator may shift the load in order to comply prior to release of the vehicle. In either situation, the officer will charge the driver accordingly and assess the appropriate fine amount.
Generally, a gross vehicle load that weighs over 80,000 pounds is considered overweight. According to 625 ILCS 5/15-113, a driver shall be fined according to the following:
- Up to 2,000 pounds overweight – $100 fine
- 2001 to 2500 pounds overweight – $270 fine
- 2501 to 3000 pounds overweight – $330 fine
- 3001 to 3500 pounds overweight – $520 fine
- 3501 to 4000 pounds overweight – $600 fine
- 4001 to 4500 pounds overweight – $850 fine
- 4501 to 5000 pounds overweight – $950 fine
- 5001 or more pounds overweight – $1500 for the first 5000 pounds overweight and $150 for each additional increment of 500 pounds overweight
Does an Overweight Ticket go your Record?
An overweight trucking ticket is a moving traffic violation and can result in the suspension or loss of a commercial driver's license. When a truck driver is cited with an overweight ticket, the ticket goes on the driver's record and can possibly result in a firing.
While some commercial trucking companies cover the fines for their drivers, others are independent and may have to shoulder the burden themselves.
If you've received an overweight or other trucking-related ticket, you need an experienced Chicago criminal defense lawyer. I, Attorney Mitch Furman, can offer you a free case evaluation with my legal team and help you determine your right choice of action to best defend your rights.
Call (312) 651-4206 or contact me onlinetoday to discuss your case.
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