dissenting:
This consolidated group of cases concerns the prosecution óf defendants for driving overweight trucks in violation of Illinois statute. 625 ILCS 5/15 — 111 (West 1998). All but one of the six cases involves the same truck. That truck was a milk-hauling truck based in the State of Iowa which picks up raw milk from dairy farmers in Jo Daviess County, Illinois, and transports it to Iowa for processing.
The issue in this case is whether the statute in question is vague and indecipherable by a person of ordinary intelligence and thus unconstitutional. The trial judge, Judge Sprengelmeyer, ruled that such was the case. On appeal to our court, the majority opines that the statute, though unclear to Judge Sprengelmeyer, should be clear to a person of ordinary intelligence. With that, I respectfully disagree. So that other people of ordinary intelligence can form their own opinions, I publish that statute as an appendix to this dissent. This tortuous creation of the legislature goes on for several pages without respite save such as may be afforded by algebraic formulae and cryptic tables.
Certainly, as Judge Sprengelmeyer pointed out in his trial court opinion, no one questions the legitimacy of regulating truck weights on highways. The problem with vagueness in a statute, however, is that it subjects citizens to selective prosecution at the whim of the police and prosecutors. Citizens are entitled to fair warning of what is prohibited. Grayned v. City of Rockford, 408 U.S. 104, 108, 33 L. Ed. 2d 222, 227, 92 S. Ct. 2294, 2298-99 (1972).
Directing his attention to the language of the statute, Judge Sprengelmeyer’s opinion stated:
“Turning to analysis of the language of the statute itself, there are several significant and substantial problems immediately apparent. There is the sheer volume of it. *** There is not a consistent use of defined terms. There is use of a variety of terms without definition, most of which are terms beyond ordinary understanding ***. There is reference to at least one algebraic formula, and there are two ‘tabular form’ charts purporting to specify weight limitations under certain circumstances. The text is replete with exceptions and ‘provided thats’, such that no reading of the whole or any part of this section can leave a reasonable person with any single conclusion that ‘At least this much is true:...’ ”
“The testimony from all witnesses from both cases for which there has been trial better illustrates the hopeless confusion this language generates than any adjectives this Court could apply. *** While the confusion of this Defendant, these police and these attorneys, and at least this one Judge are [sic] certainly not determinative of important Constitutional questions, the record here demonstrates that people of ordinary intelligence and common understanding have no reasonable opportunity to appreciate in advance what is prohibited by this text. The statute does not provide fair warning.”
“Can the statute be deemed to be infirm in all of its applications to meet the test from [Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489, 71 L. Ed. 2d 362, 102 S. Ct. 1186 (1982)], since a First Amendment activity is not involved? Again, the record of these cases leads to a positive response.”
“In the first instance, it appears the charging officer has at least three choices of the manner or method by which the weight of the supposedly offending vehicle is to be computed: ‘axle’, ‘gross’, or ‘bridge’. This can be gleaned from the statute language, and is reflected most clearly in the format of the ‘Overweight Ticket and Complaint’ used in each of these prosecutions by the Illinois State Police. The officer simply checks one of the three boxes on the face of the complaint.”
“From the statute language itself and from the records of these cases, we can conclude with a fair degree of certainty that the ‘axle’ method means that each wheel connected to a separate axle on the vehicle is to be weighed separately. Likewise, one may fairly conclude the ‘gross’ method means the entire vehicle, including the pay load or cargo, is to be weighed. (Whether the driver and any other occupants of the cab of the vehicle count in this gross weight is not so clear.) The third or ‘bridge’ method is a particular mystery, and what this method is simply cannot be determined by either reading the statute or from the confusing testimony set out in both of these trials. Some suggest it is a method by which the formula from the statute is applied (W equals 500 times the sum of (LN divided by N - 1) + N + 36). (625 ILCS 5/15 — 111(f).) The statute, subsection (g) speaks of separate limitations for ‘... a bridge or other elevated structure....’ on which the vehicle is being operated. Yet others discuss the weight of a vehicle as distributed across the ‘bridge’ of axles on the vehicle, or some other parts of the structure of the vehicle itself. It seems to this court that no one really knows what the ‘bridge’ charge is, or how it is to be computed, but the important and significant fact of all this is that the selection of the method or formula to be used admittedly yields different results!”
While the majority opinion chides Judge Sprengelmeyer for his discussion of the problem, its own analysis adds no light to the understanding of the statute. The statute speaks for itself. In respect of those separate analyses, I agree with Judge Sprengelmeyer. Accordingly, I respectfully dissent.
APPENDIX
§ 15 — 111. Wheel and axle loads and gross weights,
(a) No vehicle or combination of vehicles equipped with pneumatic tires shall be operated, unladen or with load, upon the highways of this State when the gross weight on the road surface through any single axle thereof exceeds 18,000 pounds, except when a different limit is established and posted in accordance with Section 15 — 316 and except any single axle of a 2 axle motor vehicle weighing 36,000 pounds or less and not a part of a combination of vehicles, shall not exceed 20,000 pounds. Provided, however, that any single axle of a 2 axle motor vehicle equipped with a personnel lift or digger derrick, weighing 36,000 pounds or less, owned and operated by a public utility, shall not exceed 20,000 pounds. No vehicle or combination of vehicles equipped with other than pneumatic tires shall be operated, unladen or with load, upon the highways of this State when the gross weight on the road surface through any wheel thereof exceeds 800 pounds per inch width of tire tread or when the gross weight on the road surface through any axle thereof exceeds 16,000 pounds. The gross weight transmitted to the road surface through tandem axles shall not exceed 32,000 pounds and no axle of the series shall exceed the maximum weight permitted under this Section for a single axle. Provided that on a 4 axle vehicle or on a 5 or more axle combination of vehicles the weight on a series of 3 axles whose centers are more than 96 inches apart, measured between extreme axles in the series, shall not exceed those allowed on 3 axles in the table contained in subsection (f) of this Section and no axle or tandem axle of the series shall exceed the maximum weight permitted under this Section for a single or tandem axle. Provided also that a 3 axle vehicle or 3 axle truck mixer registered as a Special Hauling Vehicle, used exclusively for the mixing and transportation of concrete, specially equipped with a road surface engaging mixer trailing 4th axle, manufactured prior to or in the model year of 2004 and first registered in Illinois prior to January 1, 2005, with a distance greater than 72 inches but not more than 96 inches between any series of 2 axles may transmit to the road surface a maximum weight of 18,000 pounds on each of these axles with a gross weight on these 2 axles not to exceed 36,000 pounds. Any such vehicle manufactured in the model year of 2004 or thereafter or first registered in Illinois after December 31, 2004 may transmit to the road surface a maximum of 32,000 pounds through these 2 axles and none of the axles shall exceed 18.000 pounds.
A truck, not in combination and specially equipped with a selfcompactor, or an industrial roll-off hoist and roll-off container, used exclusively for garbage or refuse operations, and a truck used exclusively for the collection of rendering materials may, however, when laden, transmit upon the road surface of any highway except when part of the National System of Interstate and Defense Highways, a gross weight upon a single axle not more than 22,000 pounds, and upon a tandem axle not more than 40,000 pounds. When unladen, however, those trucks shall comply with the axle limitations applicable to all other trucks.
A 2 axle truck specially equipped with a front loading compactor used exclusively for garbage, refuse, or recycling may transmit 20,000 pounds per axle provided that the gross weight of the vehicle does not exceed 40.000 pounds.
(b) The gross weight of vehicles and combination of vehicles including the weight of the vehicle or combination and its maximum load shall be subject to the foregoing limitations and further shall not exceed the following gross weights dependent upon the number of axles and distance between extreme axles of the vehicle or combination measured longitudinally to the nearest foot.
VEHICLES HAVING 2 AXLES............36,000 pounds
VEHICLES OR COMBINATIONS HAVING 3 AXLES
With Tandem Axles With or Without Tandem Axles
Minimum distance to nearest foot between extreme axles Maximum Gross Weight (pounds) Minimum distance to nearest foot between extreme axles Maximum Gross Weight (pounds)
10 feet 41,000 16 feet 46,000
11 42,000 17 47,000
12 43,000 18 47,500
13 44,000 19 48,000
14 44,500 20 49,000
15 45,000 21 feet or more 50,000
VEHICLES OR COMBINATIONS HAVING 4 AXLES
Minimum distance to nearest foot between extreme axles Maximum Gross Weight (pounds) Minimum distance to nearest foot between extreme axles Maximum Gross Weight (pounds)
15 feet 50,000 26 feet 57,500
16 50,500 27 58,000
17 51,500 28 58,500
18 52,000 29 59,500
19 52,500 30 60,000
20 53,500 31 60,500
21 54,000 32 61,500
22 54,500 33 62,000
23 55,500 34 62,500
24 56,000 35 63,500
25 56,500 36 feet or more 64,000
In applying the above table to a vehicle having more than 4 axles that is not in combination, only 4 axles shall be considered in determining the maximum gross weights.
COMBINATIONS HAVING 5 OR MORE AXLES
Minimum distance to nearest Maximum Gross Weight foot between extreme axles (pounds)
42 feet or less 72,000
43 73,000
44 feet or more 73,280
VEHICLES OPERATING ON CRAWLER
TYPE TRACKS ........................................ 40,000 pounds
TRUCKS EQUIPPED WITH SELFCOMPACTORS OR ROLL-OFF HOISTS AND ROLL-OFF CONTAINERS FOR GARBAGE OR REFUSE HAULS ONLY AND TRUCKS USED FOR THE COLLECTION OF RENDERING MATERIALS
On Highway Not Part of National System of Interstate and Defense Highways
with 2 axles 36,000 pounds
with 3 axles 54,000 pounds
TWO AXLE TRUCKS EQUIPPED WITH A FRONT LOADING COMPACTOR USED EXCLUSIVELY FOR THE COLLECTION OF GARBAGE, REFUSE, OR RECYCLING
with 2 axles 40,000 pounds
(c) Cities having a population of more than 50,000 may permit by ordinance axle loads on 2 axle motor vehicles 331/2% above those provided for herein, but the increase shall not become effective until the city has officially notified the Department of the passage of the ordinance and shall not apply to those vehicles when outside of the limits of the city, nor shall the gross weight of any 2 axle motor vehicle operating over any street of the city exceed 40,000 pounds.
(d) Weight limitations shall not apply to vehicles (including loads) operated by a public utility when transporting equipment required for emergency repair of public utility facilities or properties or water wells.
A combination of vehicles, including a tow truck and a disabled vehicle or disabled combination of vehicles, that exceeds the weight restriction imposed by this Code, may be operated on a public highway in this . State provided that neither the disabled vehicle nor any vehicle being towed nor the tow truck itself shall exceed the weight limitations permitted under this Chapter. During the towing operation, neither the tow truck nor the vehicle combination shall exceed the following axle weight limitations:
A. 24,000 pounds — Single rear axle;
B. 44,000 pounds — Tandem rear axle;
Gross weight limits shall not apply to the combination of the tow truck and vehicles being towed. The tow truck license plate must cover the operating empty weight of the tow truck only. The weight of each vehicle being towed shall be covered by a valid license plate issued to the owner or operator of the vehicle being towed and displayed on that vehicle. If no valid plate issued to the owner or operator of that vehicle is displayed on that vehicle, or the plate displayed on that vehicle does not cover the weight of the vehicle, the weight of the vehicle shall be covered by the third tow truck plate issued to the owner or operator of the tow truck and temporarily affixed to the vehicle being towed. In addition, the following conditions must be met:
(1) the towing vehicle must be:
a. specifically designed as a tow truck having a gross vehicle weight rating of at least 18,000 lbs. and equipped with air brakes provided that air brakes shall be required only if the towing vehicle is towing a vehicle, semitrailer, or tractor-trailer combination that is equipped with airbrakes;
b. equipped with flashing, rotating or oscillating amber lights, visible for at least 500 feet in all directions; and
c. capable of utilizing the lighting and braking systems of the disabled vehicle or combination of vehicles.
(2) The towing of the vehicles on the highways of this State shall not exceed 20 miles from the initial point of wreck or disablement. Any additional movement of the vehicles shall only occur upon issuance of authorization for that movement under the provisions of Sections 15 — 301 through 15 — 319 of this Chapter.
The Department may by rule or regulation prescribe additional requirements. However, nothing in this Code shall prohibit a tow truck under instructions of a police officer from legally clearing a disabled vehicle, that may be in violation of weight limitations of this Chapter, from the roadway to the berm or shoulder of the highway.
For the purpose of this subsection, gross vehicle weight rating, or GVWR, shall mean the value specified by the manufacturer as the loaded weight of the tow truck.
(e) No vehicle or combination of vehicles equipped with pneumatic tires shall be operated, unladen or with load, upon the highways of this State in violation of the provisions of any permit issued under the provisions of Sections 15 — 301 through 15 — 319 of this Chapter.
(f) Notwithstanding any other provision in this Code, except for those provisions of subsection (d) of this Section relating to emergency operations of public utilities and tow trucks while actually engaged in the towing of a disabled vehicle, and those vehicles for which the Department issues overweight permits under authority of Section 15 — 301 of this Code, the weight limitations contained in this subsection shall apply to the National System of Interstate and Defense Highways and other highways in the system of State highways that have been designated by the Department as Class I, II, or III. No vehicle shall be operated on the highways with a weight in excess of 20,000 pounds carried on any one axle or with a tandem axle weight in excess of 34,000 pounds, or a gross weight in excess of 80,000 pounds for vehicle combinations of 5 axles or more, or a gross weight on a group of 2 or more consecutive axles in excess of that weight produced by the application of the following formula:
W = 500 times the sum of (LN divided by N-l) + 2N +36
Where “W” equals overall gross weight on any group of 2 or more consecutive axles to the nearest 500 pounds; “L” equals the distance measured to the nearest foot between extremes of any group of 2 or more consecutive axles; and “N” equals the number of axles in the group under consideration, except that 2 consecutive sets of tandem axles may carry a gross load of 34,000 pounds each, provided the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more. Provided also that a 3-axle vehicle registered as a Special Hauling Vehicle manufactured prior to or in the model year of 2004, and first registered in Illinois prior to January 1, 2005, with a distance greater than 72 inches but not more than 96 inches between the 2 rear axles may transmit to the road surface a maximum weight of 18,000 pounds on each of the 2 rear axles with a gross weight on these 2 axles not to exceed 36,000 pounds. Any vehicle registered as a Special Hauling Vehicle manufactured prior to or in the model year of 2004 or thereafter or first registered in Illinois after December 31, 2004, may transmit to the road surface a maximum of 34,000 pounds through the 2 rear axles and neither of the rear axles shall exceed 20,000 pounds.
The above formula when expressed in tabular form results in allowable loads as follows:
Distance measured to the nearest foot between the extremes of any group of 2 or more consecutive axles Maximum load in pounds carried on any group of 2 or more consecutive axles feet 2 axles 3 axles 4 axles 5 axles 6 axles
4 34,000
5 34,000
6 34,000
7 34,000
8 38,000* 42,000
9 39,000 42,500
10 40,000 43,500
11 44,000
12 45,000 50,000
13 45,000 50,500
14 46,500 51,500
15 47,000 52,000
16 48,000 52,500 58,000
17 48,500 53,500 58,500
18 49,500 54,000 59,000
19 50,000 54,500 60,000
20 51,000 55,500 60,500 66,000
21 51,500 56,000 61,000 66,500
22 52,500 56,500 61,500 67,000
23 53,000 57,500 62,500 68,000
308 People v. Conlan 189 Ill. 2d 286
feet 2 axles 3 axles 4 axles 5 axles 6 axles
24 54,000 58,000 63,000 68,500
25 54,500 58,500 63,500 69,000
26 55,500 59,500 64,000 69,500
27 56,000 60,000 65,000 70,000
28 57,000 60,500 65,500 71,000
29 57,500 61,500 66,000 71,500
30 58,500 62,000 66,500 72,000
31 59,000 62,500 67,500 72,500
32 60,000 63,500 68,000 73,000
33 64,000 68,500 74,000
34 64,500 69,000 74,500
35 65,500 70,000 75,000
36 66,000 70,500 75,500
37 66,500 71,000 76,000
38 67,500 72,000 77,000
39 68,000 72,500 77,500
40 68,500 73,000 78,000
41 69,500 73,500 78,500
42 70,000 74,000 79,000
43 70,500 75,000 80,000
44 71,500 75,500
45 72,000 76,000
46 72,500 76,500
47 73,500 77,500
48 74,000 78,000
49 74,500 78,500
feet 2 axles 3 axles 4 axles 5 axles 6 axles
50 75,500 79,000
51 76,000 80,000
52 76,500
53 77,500
54 78,000
55 78,500
56 79,500
57 80,000
* If the distance between 2 axles is 96 inches or less, the 2 axles are tandem axles and the maximum load permitted is 34,000 pounds, notwithstanding the higher limit resulting from the application of the formula.
In applying the above formula to a vehicle having more than 4 axles that is not a combination, only 4 axles shall be considered in determining the maximum gross weight, and for a combination of vehicles having more than 6 axles, only 6 axles shall be considered in determining the maximum gross weight.
Notwithstanding the above table, 2 consecutive sets of tandem axles may carry a gross weight of 34,000 pounds each if the overall distance between the first and last axles of the consecutive sets of tandem axles is 36 feet or more.
Local authorities and road district highway commissioners, with respect to streets and highways under their jurisdiction, without additional fees, may also by ordinance or resolution allow the weight limitations of this subsection, provided the maximum gross weight on any one axle shall not exceed 20,000 pounds and the maximum gross weight on any tandem axle shall not exceed 34,000 pounds, on designated highways when appropriate regulatory signs giving notice are erected upon the street or highway or portion of any street or highway affected by the ordinance or resolution.
Combinations of vehicles, registered as Special Hauling Vehicles that include a semitrailer manufactured prior to or in the model year of 2004, and first registered in Illinois prior to January 1, 2005, having 5 axles with a distance of 42 feet or less between extreme axles shall be limited to the weights prescribed in subsections (a) and (b) of this Section and not subject to the bridge formula on the National System of Interstate and Defense Highways and other highways in the system of State highways designated by the Department. For all those combinations of vehicles, that include a semitrailer manufactured after the effective date of this amendatory Act of 1986, the overall distance between the first and last axles of the 2 sets of tandems must be 18 feet 6 inches or more. All combinations of vehicles registered as Special Hauling Vehicles that include a semitrailer manufactured prior to or in the model year of 2004 or thereafter or first registered in Illinois after December 31, 2004, or that has had its cargo container replaced in its entirety after December 31, 2004, are limited to the gross weight allowed by the above formula.
A truck not in. combination, equipped with a self compactor or an industrial roll-off hoist and roll-off container, used exclusively for garbage or refuse operations, shall be allowed the weights as prescribed in subsections (a) and (b) of this Section and not subject to the bridge formula, provided they are not operated on a highway that is part of the Interstate and Defense Highway System.
Vehicles operating under this subsection shall have access for a distance of one highway mile to or from a Class I highway on any street or highway, unless there is a sign prohibiting the access, or 5 highway miles to or from either a Class I, II, or III highway on a street or highway included in the system of State highways and upon any street or highway designated by local authorities or road district commissioner to points of loading and unloading and to facilities for food, fuel, repairs and rest.
Section 5 — 35 of the Illinois Administrative Procedure Act relating to procedures for rulemaking shall not apply to the designation of highways under this subsection.
(g) No person shall operate a vehicle or combination of vehicles over a bridge or other elevated structure constituting part of a highway with a gross weight that is greater than the maximum weight permitted by the Department, when the structure is sign posted as provided in this Section.
(h) The Department upon request from any local authority shall, or upon its own initiative may, conduct an investigation of any bridge or other elevated structure constituting a part of a highway, and if it finds that the structure cannot with safety to itself withstand the weight of vehicles otherwise permissible under this Code the Department shall determine and declare the maximum weight of vehicles that the structures can withstand, and shall cause or permit suitable signs stating maximum weight to be erected and maintained before each end of the structure. No person shall operate a vehicle or combination of vehicles over any structure with a gross weight that is greater than the posted maximum weight.
(i) Upon the trial of any person charged with a violation of subsections (g) or (h) of this Section, proof of the determination of the maximum allowable weight by the Department and the existence of the signs, constitutes conclusive evidence of the maximum weight that can be maintained with safety to the bridge or structure.