CHAPTER 15 - SIZE, WEIGHT, LOAD AND PERMITS

625 ILCS 5/15-109.1

Sec. 15-109.1. Covers or tarpaulins required for certain loads.

EXECUTIVE SYNOPSIS · ILLINOIS LEGAL STANDARDS Governing Authority: ILGA & Supreme Court Rules
Offense Class & Sentencing Scope Petty Offense

No incarceration authorized · Fine up to $1,000

Court Appearance Mandate Release on Notice (No Mandate)

Personal appearance is not mandatory under Rule 551 by default. The citation may be satisfied by written appearance, pre-set administrative payment, or mail-in notice unless aggravated circumstances apply.

Pretrial Fairness Act (SAFE-T Act) Presumptive Pretrial Release

Presumptive Pretrial Release: This offense is non-detainable under 725 ILCS 5/110-6.1. The defendant is entitled to release on personal recognizance with non-monetary conditions unless charged with a subsequent detainable violation.

Secretary of State License Sanction Standard Administrative Protocol

No automatic driver's license suspension or mandatory revocation is triggered by this offense code alone upon citation.

Classification Petty Offense
Court Appearance Pre-set Bond / Release on Notice
SAFE-T Act Detention Release Eligible (Conditions Apply)
SOS Reporting Code 8454
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Associated Offense Codes & Classifications (1)

Offense Description Class Court Mandate SAFE-T Act Reporting Code
Failure to cover load when required Petty Offense Release on Notice Release Eligible 8454
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Illinois General Assembly Statutory Text (Verbatim)

Source: ilga.gov

Sec. 15-109.1. Covers or tarpaulins required for certain loads.

(a)

(a) No person shall operate or cause to be operated, on a highway, any second division vehicle loaded with dirt, aggregate, garbage, refuse, or other similar material, when any portion of the load is falling, sifting, blowing, dropping or in any way escaping from the vehicle.

(b)

(b) No person shall operate or cause to be operated, on a highway, any second division vehicle having a gross vehicle weight rating of 8,000 pounds or more loaded with dirt, aggregate, garbage, refuse, or other similar material in or on any part of the vehicle other than in the cargo area. In addition, no person shall operate on any highway, such vehicle unless the tailgate on the vehicle is in good repair and operating condition and closes securely so as to prevent any load, residue, or other material from escaping.

(c)

(c) This Section shall not apply to the operation of highway maintenance vehicles engaged in removing snow and ice from the roadway, nor to implements of husbandry or other farm vehicles while transporting agricultural products to or from the original place of production.

(d)

(d) For the purpose of this Section "aggregate" shall include all ores, minerals, sand, gravel, shale, coal, clay, limestone or any other ore or mineral which may be mined.

(e)

(e) Notwithstanding any other penalty, whenever a police officer determines that the operator of a vehicle is in violation of this Section, as evidenced by the issuance of a citation for a violation of Section 15-109.1 of this Code, or where a police officer determines that a dangerous condition exists whereby any portion of the load may fall, sift, blow, drop, or in any way escape or fall from the vehicle, the police officer shall require the operator to stop the vehicle in a suitable place and keep such vehicle stationary until the load has either been reduced, secured, or covered with a cover or tarpaulin of sufficient size to prevent any further violation of this Section.

(f)

(f) No person shall operate or cause to be operated, on a highway, a commercial motor vehicle, with the exception of a highway maintenance vehicle, transporting garbage or refuse unless the tailgate on the vehicle is in good working repair, good operating condition, and closes securely, with a cover or tarpaulin of sufficient size attached, so as to prevent any load, residue, or other material from escaping.

(g)

(g) Any violation of the provisions of this Section shall be a petty offense punishable by a fine not to exceed $150. In addition, a person, firm, or corporation convicted of 4 or more violations of subsection (f) within a 12-month period shall be fined an additional amount of $150 for the fourth and each subsequent conviction within the 12-month period. Regarding a firm or corporation, a fourth or subsequent conviction means a fourth or subsequent conviction attributable to one employee-driver.

(Source: P.A. 103-730, eff. 1-1-25.)

Cross-Referenced ILCS Codes