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Operating a commercial vehicle with a large payload means that you need to be familiar with the weight limits of your vehicle and payload on roadways and highways within the state of Illinois. The Illinois Vehicle Code (625 ILCS 5/15-112), as well as local ordinances including the City of Chicago, limit the amount of weight for business and commercial purposes. The main rationale for limiting the weight on these types of vehicle is to ensure that no damage occurs to the roadways that will affect the integrity and safety of the roads.
The weight allowed on the highways is governed by the Illinois General Assembly. Local authorities manage the amount of weight on roadways within their municipality. There is a formula in the statute that allows for a certain amount of weight in a commercial or business vehicle. Anything over that weight is subject to a fine.
Typically, the police officer will require the posting of a bond for the amount of the fine that is over the allowable weight. This ensures that if a truck driver does not appear in court, then the bond will satisfy the fine. If a driver is unable to pay the fine at the time of the alleged violation, then the police officer will give a “bond sheet.” This sheet includes the amount of the overweight fine, and a promise from the driver to comply and appear in court. The driver is personally responsible for the overweight fine. In other words, the traffic court will not “assign” the fine to an employer in the employer-employee relationship.
In order to carry the proper weight in a commercial or business vehicle, the driver must also have the proper registration with the Secretary of State in Illinois. A failure to properly comply with registration requirements may also result in fines.
A traffic lawyer from Driver Defense Team can review your case to determine if there are valid defenses to challenge the ticket at trial.
Otherwise, it is possible for your traffic attorney to appear in court and attempt to negotiate lower fines. The amount that the fines may be lowered by varies from case to case. On many overweight dates, where the court permits it, we can handle the date without you there, which keeps you on the road. Whether that applies depends on the county and the judge, so we tell you before each date what the court expects.
