2016: Open Your Wallet
Ahhhh…the excitement of a new year is here. Resolutions for personal change. Madly scribbling out the old calendar year each time you write the wrong date. The feeling summer is ages away. Most importantly new laws by the dozens take […]Read more
Okay, the secret is out. When it comes to overweight vehicle enforcement in Illinois, there is money in it for local government. What is not very well understood is where the fine money actually goes. Lots of rumor and speculation, […]Read more
Sign & Drive
There’s comes a day when all seems right with the world. Okay, maybe not, but in the midst of national turmoil, political unrest and ambiguity regarding Taylor Swift as a pop diva or country music darling, Illinois has something good […]Read more
The sticker shock of an overweight citation is remarkable. Whether it’s a $10,000 ticket or a $500 ticket, it’s a lot of money for a so-called “traffic” violation. Regardless of how robust a company is, every dollar counts in a […]Read more
Impounding Trucks: Part 3 – Ransom Tows
You’ve seen this situation play out in the movies a million times. Bad guy needs money, so he kidnaps an innocent person, usually the good looking family member of some rich dude. Why? Because people will do anything for a […]Read more
Bails, Bonds and Bounty Hunters
The term “bounty hunter” brings to mind two different faces: a freakishly large man named “Dog” and Boba Fett, a fictional Star Wars character. In truth, they both represent the occupation of bail bondsmen. Illinois law prohibits bail bondsmen, but […]Read more
It Doesn’t Pay to Disobey
We like to think police officers hold a higher value in society than traffic signs, but in reality they both share a common authority to regulate traffic. The human police officer is granted this authority in the Illinois Vehicle Code (625 ILCS 5/1-162). Traffic signs, officially called traffic control devices, also receive their authority to control traffic in the IVC (625 ILCS 5/1-154). Traffic control devices include signs, lane markings and signals as well. When it comes to truck enforcement, the two are vastly different.
Truckers are used to seeing regulatory signs to weigh. Whether it is a weigh station alongside the side of the interstate or a portable scale location, truckers know that when the signs are up, you have to weigh. It doesn’t take long for word to spread across the radio when the police have the scales open, and truckers will turn off to avoid the scales. Problem is they might bypass another traffic control device restricting commercial vehicles and find themselves in a totally different enforcement situation.
The question is what happens when a trucker drives past the regulatory sign to weigh? The answer is simple…he has disobeyed a traffic control device as stated in 625 ILCS 5/11-305(a). This is a moving violation and can have damaging effects on a CDL. But it’s just a moving violation. The assumption that there is a higher penalty or fine simply because trucks are involved is erroneous.
This situation is vastly different than when a police officer himself orders a truck to weigh. Police officers have the right to order a truck to the scales to weigh when they have reason to believe it is overweight. This could be overweight on axle, gross, registration, permit, or the federal bridge formula. Regardless of the officer’s suspicion, there is no right to refusal. The truck driver must weigh.Read more
The First of July
Truckers beware. Many of you have already renewed your flat weight registration which expires at the stroke of midnight on July 1st. Others of you are looking at that pending bill and wondering how to pay for it. Flat weight […]Read more
Sometimes the law doesn’t give enough information to make a solid decision. Sometimes the law goes beyond the original intent to accommodate a special interest. Sometimes the police and the trucking industry are left scratching their heads trying to figure […]Read more
Happy New Year! 2011 was a great year for the Illinois Truck Enforcement Association, so we’re going to jump on the year-end bandwagon! Here are some of the highlights from the ITEA this past year: The ITEA partnered with the Illinois State Police, Illinois […]Read more