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Illinois Overweight Truck Citation Attorneys

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Overweight Truck Citations

State and federal laws and regulations that limit the gross weight of commercial trucks based on the configuration and size of the truck. These weight limits ensure that truck drivers can safely control their vehicles and reduce wear and tear on road infrastructure that can suffer damage from hefty vehicles. Truck drivers who operate trucks that violate these weight limits may receive a citation that can impose significant fines.

Have you received an overweight truck citation in the McHenry, Illinois, area? If so, hiring an experienced defense attorney can help you pursue a favorable resolution to the case against you, such as reducing the penalties imposed or potentially getting the citation dismissed. Don’t put off mounting a strong defense – contact Donahue & Kililis, PC, and stand up for your rights.

Illinois Truck Weight Regulations

Illinois’s truck weight regulations limit the gross vehicle weight of commercial trucks, the amount of weight that specific numbers of axles can carry, and the amount of weight that each truck axle can bear. Each single axle may not bear more than 20,000 pounds of weight, while each tandem axle can bear up to 34,000 pounds.

The maximum gross weight that a truck or combination of axles can carry depends on the federal bridge formula, which Illinois uses to set weight limits. The “bridge” refers to the distance between the centers of axles. A truck will have two types of bridges – the external bridge, or the distance between the front-most and rear-most axles, and the internal bridge, or the distance between two or more consecutive axles. The bridge formula calculates the maximum weight permitted for a truck or a group of consecutive axles to bear based on the number of axles involved and the distance between the centers of the front-most and rear-most axles. The formula caps commercial truck weight at 80,000 pounds. However, some types of commercial trucks are exempt from the formula, like truck mixers and sewer-cleaning vacuum trucks classified as “special hauling vehicles,” from the bridge formula. These types of vehicles require special permits in order to operate on Illinois roadways.

Truck operators who expect their vehicles to exceed the weight regulations can apply for an overweight permit from the Illinois Department of Transportation. IDOT reviews permit applications to ensure trucks stay within bridge tolerances or other road limitations. When moving an overweight truck over local roads outside IDOT’s jurisdiction, the truck operator must obtain authorization from local Municipalities.

How Overweight Truck Violations Can Occur

Most truck drivers carefully follow both state and federal regulations, which can make an accusation of a violation come as a surprise. Some of the ways that truck drivers may inadvertently commit overweight truck violations include:

  • Not knowing the Illinois or federal weight regulations
  • Misunderstanding the weight regulations or miscalculating their truck’s maximum weight limit
  • Miscalculating cargo weight as it gets loaded into the truck
  • Failing to account for additional weight, such as fuel or fluids
  • Not weighing the truck after cargo gets loaded on
  • Failing to plan a route mapped out with required permits
The law requires truck drivers to ensure their vehicles comply with the weight regulations. Even an accidental oversight can subject a truck driver to hefty fines.
Overweight truck violations can also occur when trucking companies try to maximize profits by intentionally overloading trucks.

Consequences of Overweight Truck Violations

In Illinois, a police officer may pull over any suspected overweight commercial truck and require the driver to submit to a weighing of their vehicle. Officers may use portable scales or direct a truck driver to travel to a weighing station. When the officer determines a truck is overweight, they can require the truck driver to stop and either remove the cargo or shift the cargo load before releasing the truck. The officer can also require the truck driver to post a cash bond or a signature bond before releasing the truck, with the cash bond applicable towards any fines and costs assessed by a court.

Being found liable for an overweight truck citation will carry various business penalties, including fines. The amount of the fine for an overweight truck citation will depend on how much the truck exceeded the weight regulations:

  • Up to and including 2,000 pounds overweight: $100
  • 2,001 through 2,500 pounds overweight: $270
  • 2,501 through 3,000 pounds overweight: $330
  • 3,001 through 3,500 pounds overweight: $520
  • 3,501 through 4,000 pounds overweight: $600
  • 4,001 through 4,500 pounds overweight: $850
  • 4,501 through 5,000 pounds overweight: $950
  • 5,001 pounds or more overweight: $1,500 plus $150 for each increment of 500 pounds over 5,000 pounds or fraction thereof
Truckers or trucking companies convicted of four or more overweight truck violations within a 12-month period will face an additional fine of $5,000 for the fourth and each subsequent conviction within the 12-month period.

Although overweight truck fines may get assessed against both the truck driver and the trucking company, not all employers or trucking companies will cover the cost of fines= and will require drivers to bear the cost.

Fortunately, Illinois does not classify overweight violations as moving violations, so truck drivers will not face potential CDL suspensions for severe or repeated violations. However, truck drivers with multiple convictions for overweight violations may jeopardize their employment, as trucking companies may view drivers with multiple convictions as too significant a safety risk to hire or retain. Truck drivers with multiple overweight truck convictions may struggle to find affordable insurance coverage.

Getting hit with an overweight truck violation can also have indirect costs for truck drivers and trucking companies, including putting drivers behind schedule during the traffic stop or requiring trucking companies to dispatch additional vehicles to retrieve excess cargo to put a detained truck under the weight limits.

What to Do if You Receive an Overweight Truck Citation

Contact a defense attorney immediately if you get a ticket for operating an overweight truck. A guilty plea may carry significant fines, especially if you or your carrier has four or more prior overweight truck convictions within the past 12 months. However, you may have various defenses to fight an overweight truck citation, including:

  • Proving a lack of certified calibration of the portable scales or weighing station used to weigh your truck
  • Proving that the portable scales or weighing station malfunctioned
  • Showing that the officer used portable scales incorrectly
  • Challenging the legality of the traffic stop
  • Proving that you possessed an overweight or variance permit

How Can an Attorney Help You Resolve Your Citation

Hiring experienced legal counsel can give you the best chance of obtaining a favorable resolution to an overweight truck citation. A defense attorney can help you face an overweight truck citation by:

  • Investigating the circumstances surrounding the citation to recover evidence that may prove helpful in your defense
  • Evaluating your legal options and potential defense strategies
  • Advising you on the possible outcomes in your case and the best path forward
  • Advocating on your behalf if you choose to contest the citation in court

Contact an Experienced Attorney at Donahue & Kililis, PC, Today

If you’ve received a citation for operating an overweight truck, you need experienced legal counsel who can help you minimize the consequences of the citation. Contact an experienced defense attorney at Donahue & Kililis, PC, today for a confidential consultation to discuss your options for resolving your citation and learn what to expect during the legal process.

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