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07/13/88 the People of the State of v. Donald Spaulding

July 13, 1988

THE PEOPLE OF THE STATE OF ILLINOIS, PLAINTIFF-APPELLEE

v.

DONALD SPAULDING, DEFENDANT-APPELLANT

"TRUCK. EVERY MOTOR VEHICLE DESIGNED, USED OR MAINTAINED PRIMARILY FOR THE TRANSPORTATION OF PROPERTY." (ILL. RE

v.

STAT. 1987, CH. 95 1/2, PAR. 1-211.)



APPELLATE COURT OF ILLINOIS, SECOND DISTRICT

526 N.E.2d 662, 172 Ill. App. 3d 484, 122 Ill. Dec. 403 1988.IL.1086

Appeal from the Circuit Court of Lake County; the Hon. George W. Pease, Judge, presiding.

APPELLATE Judges:

JUSTICE WOODWARD delivered the opinion of the court. LINDBERG, P.J., and UNVERZAGT, J., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE WOODWARD

Following a bench trial, the defendant, Donald J. Spaulding, was found guilty of operating a vehicle whose rear tandem axle had a load surface weight of 35,180 pounds in violation of section 15-111(a) of the Illinois Vehicle Code (Code) (Ill. Rev. Stat. 1987, ch. 95 1/2, par. 15-111(a)). Defendant was fined $260. He appeals.

The sole issue on appeal is whether the trial court erred in determining that the vehicle defendant was operating was not a truck within the meaning of the Code and thus not covered by an exception to the weight requirement in section 15 -- 111(a).

The following facts were stipulated to at defendant's trial: (1) that the subject vehicle was equipped with an industrial roll-off hoist and container and was being used exclusively to haul refuse and garbage; (2) that at the time the ticket was issued, the subject vehicle was laden with refuse and garbage; and (3) at the time the ticket was issued, the rear tandem axle of the subject vehicle had a road surface weight of 35,180 pounds.

Section 15 -- 111(a) of the Code provides in pertinent part as follows:

"Any 2 or more single axles whose centers are more than 40 inches and not more than 96 inches apart, measured to the nearest inch between extreme axles in the series, shall be defined as tandem axles, and the gross weight transmitted to the road surface . . . shall not exceed 32,000 pounds . . .. . . .

A truck specially equipped with a selfcompactor, or an industrial roll-off hoist and roll-off container, used exclusively for garbage or refuse operations may, however, when laden with garbage or refuse, 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." Ill. Rev. Stat. 1987, ch. 95 1/2, par. 15-111(a).

The State argued and the trial court found that the weight exception found in section 15 -- 111(a) did not apply to the defendant's vehicle because it was a truck tractor rather than a truck. The following definitions therefore are pertinent to our determination of this issue:

And:

"Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so ...


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