The Magical 8,000 Pounds

  • The Magical 8,000 Pounds

    There’s magic numbers in truck law.  Illinois used to have the magical 73,280.  There’s also the magical 54,999 which is an integer short of the federal heavy vehicle use tax.  The most magical number of all is 26,000, but that’s an article for another day.  This week, the magical 8,000 found in the Illinois Vehicle Code is discussed.  As will be seen, it is commonly a problematic magic number.  The problem occurs most often when a truck owner or a police officer does not fully understand the regulations of an 8,000 pound truck plate – and there are many.

    A concept to understand is that properly registering a vehicle is the responsibility of the owner.  The Secretary of State does not inspect vehicles at the point of sale to make sure the correct registration is purchased.  There are dozens upon dozens of different types of license plates available to vehicle owners in Illinois.  The Secretary of State simply reviews the application on its face and assumes the information listed is true and correct.  If everything is in order, a fee (or tax) is assessed and the registration is issued.

    The law requires that all second division vehicles (trucks/trailers/buses) be registered, and the registered weight must cover the weight of the vehicle plus the load.  This is found in 625 ILCS 5/3-401D.  As stated above, there are many different kinds of registration available to owners of second division vehicles, however the most common found on trucks in Illinois are regular flat weight plates with a letter designation. The list of these plates are found in 625 ILCS 5/3-815.

    Here’s the rub.  Occasionally a small truck or van (some of which are second division vehicles, some are not) are out on the street operating on passenger plates instead of B-truck plates (8,000 pounds).  It does not take long for the alert police officer to make a stop.  The driver quickly blames the SOS for the error, but as stated above, the responsibility truly lies with the registrant.  Shame on truck driver.

    Two wrongs do not make a right, but time after time a truck enforcement officer will size up this situation as this:

    “The truck, by law, requires weighted registration, and since it has none it is therefore overweight.”

    The police officer will subsequently weigh the truck and issue an overweight on registration citation.  Or maybe he doesn’t weigh the truck and writes an overweight ticket based on the manufacturers GVWR. Even worse, maybe he wrongly assumes since the vehicle does not have appropriate registration, it is not entitled to be on the road, therefore is overweight on gross under 625 ILCS 5/15-111(a) and writes that citation.  Each example described is wholly wrong, and each example gets progressively more ridiculous in understanding. Shame on the police officer.

    So is it wrong for the small truck or van to be operating on passenger plates if it is a second division vehicle?  Yes.  Then what are the police to do if they are not to write an overweight ticket?  Well, for starters, the police officer could simply inform the driver of the error and instruct him to visit the local SOS officer and pay a $29 fee to have the plate reclassified.   This would be the most reasonable route.

    However, if a police officer must issue a citation, because by golly a law has been broken, the only enforcement avenue is under 625 ILCS 5/3-703 for improper use of registration, a Class-C misdemeanor. This is punishable by a $1500 fine and 30 days in jail…one heck of a penalty for misclassification of the smallest truck plate available in Illinois.

    But wait!  What if the truck is really loaded down?  If the truck had been properly classified with a B-truck plate, it would be over 8,000 pounds and an overweight on registration citation could be issued!  Correct…here is the answer. Give the driver credit for 8,000 pounds just like a B-truck plate.  Why?  Because the cost of a B-truck plate is $101 and the cost of a passenger plate is $101.  At the end of the day, the registrant paid the right amount of money…he just got the wrong product in the check-out aisle.  As mentioned before, registration is a tax to operate vehicles on the road, and the owner paid the tax.

    Further, Illinois is the midwest king of specialty registration like firefighter, sports teams and university plates. These are permissible on second division vehicles up to 8,000 pounds as well.  Sorry coppers, no overweight on registration.

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    Comments (6)

    • Lee Hogan

      HOW COME MY NEIGHBOR WITH A FORD F-250 SUPER DUTY, 4X4 DOUBLE CAB, LONG BED WEIGHING OVER 8,000 POUNDS IS, GETTING AWAY WITH, RUNNING A FIREFIGHTER PLATE, WHEN HE HAD, A “B” PLATE, AND SHOULD BE DISPLAYING A “D” PLATE? THE VEHICLE IS CARRYING A FIXED TOOL BOX, FIXED FUEL TANK WITH PUMPING DEVICE FOR SERVICING HEAVY EQUIPMENT, AND OFTEN LOADED WITH CONSTRUCTION TOOLS.

    • Your lovely neighbor

      Lee, I am that neighbor ‘getting away with’ running a “B plate” because he’s not over 8,000lbs. Let me explain:

      First — to be clear — the Firefighter plates are 8,000lb plates that include vehicles of the second division. So, as long as the truck doesn’t exceed this in ACTUAL weight, the truck you described is legal.

      For perspective, my 02 F350 4×4 SuperCab Long Bed Dually w/ tow and anti-sway package fixed tool box and ranchhand bumper weighs in right around ~7200lbs.

      The F250 you are describing weighs in at 6,730. (source: http://www.fordf150.net/specs/05sd_specs.pdf [site is F150 but the sheet includes F250 SD specs])

      Your neighbor has 1,300 lbs of payload weight to play with. First, the fixed toolboxes (I have one) are surprisingly light. They are simply diamond-plate mm aluminum. You would be able to lift it with one hand, I bet it weighs less than 40lbs. The fuel tank and pump is 150-200 absolute max.

      It is still entirely feasible, depending on how much the tank is filled, that your neighbor is still legal. If he is filling the tanks, he might be a hair over the line.

      Are you really on the internet complaining that your neighbor could potentially be 100lbs over registered weight but in actuality is probably legal?

    • frank merrill

      TWO QUESTIONS about “trucks” under 8,001 pounds:

      What happens if somebody has an Illinois ENVIRONMENTAL license plate (which is legitimate in lieu of the B TRUCK license plate) which, as I understand it, also has the 8,000 traveling weight limit? I am asking what happens if this vehicle (perhaps with a small trailer hooked to the back) is temporarily operated somewhat overweight, such as at 9,300 pounds, if a hoped-for move eventually happens? I assume there is a fine of some kind, if caught, but would that also require removal of the overweight portion “right then and there,” also, to be in compliance (and at extreme risk of very valuable stuff being stolen)?

      I used to have a “B TRUCK” license plate a few years ago on another utility van, and I was often being stopped by the police when I was traveling. I was being stopped because of “INVALID PLATE” results when patrol cops would randomly run my number. It turns out that unless the cop also enters the NEARLY-INVISIBLE “B” (which in no way appears to be part of the plate number), it comes back as INVALID PLATE. Is it possible that, in the years since these scary hassles, Illinois has actually fixed its database so that “B TRUCK” plates run without the “B” suffix, no longer come back as invalid?

      This isn’t something that is happening yet, but I feel that I’d better inform myself so that I know what or what not to do.

    • ITEA Webmaster

      An environmental plate on a second division vehicle will receive 8,000 pounds of credit for registration. If there is a trailer, the registered weight of the trailer is combined with the power unit registered weight. The police cannot split up the two vehicles for the purpose of registered weight. The two become one. The ITEA has an article about this topic: http://illinoistruckcops.org/?p=2820. If found in violation, yes there will most likely be an overweight on violation citation issued with a corresponding fine. The officers do have the authority to require you to legalize the load either by off-loading weight or requiring you to obtain heavier registration.

      There are sequences of B-plates which require the “B” to be entered, and sequences which do not. It all depends on the plate. It’s actually quite confusing and most police officers are unaware there are two ways to run the plates.

    • Phil
      • Phil
      • December 14, 2015 at 11:06

      What about S10s, Rangers, and other light trucks(Tacoma, Senoma,etc..)? Do they NEED a B series plate? What determines the requirement for a NON-Passenger plate?

    • ITEA Webmaster

      You can put whatever weight designation of flat weight truck plates you choose. If you want 8000 pound B-plates, that’s fine. If you want 80000 pound Z-plates, that’s okay as well. Registration is a tax, and you can choose to pay as much or as little as you like. Buy too much and you make a donation to the state. Pay too little, and you may get an overweight on registration ticket. It’s a free country and you are welcome to buy what you please.

      You can only use passenger plates on first division vehicles, aka cars. Any pickup truck is a second division vehicle and requires weighted registration of some sort.