The Illinois Department of Transportation (IDOT) is a state agency in charge of public roadways that are maintained by the state of Illinois. In addition, IDOT provides funding for rail, public, transit, and airport projects and administers fuel tax and federal funding to local jurisdictions in the state. Part of IDOT’s responsibilities include setting regulations for vehicles’ weights while they are traveling on the road. If a truck or commercial vehicle is too heavy, it can damage the highways and tollways as well as local roads and side streets. Under the Illinois Vehicle Code, there are instances where IDOT can issue special permits authorizing the operation of a vehicle or combination of vehicles that exceed the maximum weight normally allowed. For example, you may have noticed those “Oversize Load” signs on trucks or trailers that are moving a mobile home or massive construction equipment or parts. If a driver does not follow the requirements for overweight vehicles, he or she can be issued a traffic violation.
When a driver is operating his or her vehicle under the authority of an oversize/ overweight permit issued by IDOT, there are specific actions that constitute a violation of the permit. These offenses can include the following:
- Incorrect license plate number or state
- Incorrect model number, make, description, and/or serial number
- Incorrect number of axles
- Gross, tandem, or single-axle weights in excess of the permitted allowance
- Incorrect length, width, and/or height of the load
It is important to note that depending on the circumstances, a violation may not render the entire permit null and void.
Under Illinois law, “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.” If the officer does not have a portable scale with him or her, he or she can order the motorist to drive to the nearest open weighing station. If the truck is found to be overweight, the officer will issue the driver the appropriate citation and fine amount. If a driver refuses or fails to stop and submit to this request, or removes any portion of the load prior to weighing, he or she shall be fined not less than $500 and not more than $2,000.
Contact a DuPage County Traffic Violations Attorney
Certain traffic violations can impact a motorist’s driving record and result in significant penalties, such as a driver’s license suspension, in some cases. If you rely on driving as part of your job, this can be detrimental to your career. An experienced Wheaton criminal defense lawyer can help you fight the charges and make sure your rights are protected in a court of law. The skilled legal team at Anderson Attorneys & Advisors knows that keeping your driving privileges intact may be essential to your livelihood. To schedule a free consultation, call our office today at 630-877-5800.