As an Illinois attorney representing trucking companies and truck drivers, I have seen a troubling trend: law enforcement officers pulling over permitted loads and declaring the entire Illinois Department of Transportation (IDOT) permit "null and void" for minor discrepancies. When a permit is voided, your load is treated as if you had no permit at all. This often leads to astronomical fines.

IDOT form OPER 993 is a part of ever IDOT permit. It is critical for every driver to read and fully understand this document. OPER 993 clearly distinguishes between violation of permit (where the permit remains valid) and when a permit can be voided. Based on overweight citations I have seen issued to drivers, it is clear there are police officers who either have not read OPER 993 or do not understand it.

Certain offenses are classified as violations that do not render the entire permit null and void. If you are cited for these, the permit is still considered valid, but you may be required to bring the load into conformance or purchase a new permit before continuing.

1. Common Permit Violations include:

  • Administrative Errors: Incorrect license plate number, state, make, model, or serial number of the vehicle.
  • Weight Discrepancies: Gross, tandem, or single axle weights that exceed what is permitted (though you may be fined for the excess weight).
  • Dimension Errors: Incorrect width, length, or height of the load.
  • Axle Spacing: Spacings that are within 12 inches (greater or less) of what is displayed on the permit.
  • General Compliance: Failure to comply with general conditions or specific notes listed on the permit.

2. When is a Permit Actually VOID?

According to OPER-993, a permit is only truly void or non-existent in very specific circumstances, including:

  • Fraudulent Permits: This includes fake, counterfeit, or illegally transferred permits.
  • Divisible Loads: If the load is found to be divisible (able to be broken down to legal limits), the permit is void from the moment it was issued.
  • Uncorrectable Axle Spacing: If axle spacing violates specific policy (Section 554.1700(a)(1)(F)) and cannot be corrected.

If an officer attempts to void your permit for what should be a permit violation, remain professional and always treat the officer with respect. Politely explain it is your understanding, pursuant to OPER 993, the alleged violations are a permit violation and the permit is still valid. The officer may not agree with you; if not, continue to be respectful. If the officer orders your vehicle to be weighed, obey his orders and cooperate. We can help if you are issued a citation.