Sen. John J. Cullerton
Filed: 10/24/2011
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1 | AMENDMENT TO SENATE BILL 965
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2 | AMENDMENT NO. ______. Amend Senate Bill 965 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Section 6-306.5, 11-208, 11-208.3, 11-208.6, 11-612, | ||||||
6 | and 12-610.5 and by adding Sections 1-105.1 and 11-208.8 as | ||||||
7 | follows: | ||||||
8 | (625 ILCS 5/1-105.1 new) | ||||||
9 | Sec. 1-105.1. Automated speed enforcement system | ||||||
10 | violation. A violation described in Section 11-208.8 of this | ||||||
11 | Code.
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12 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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13 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
14 | parking,
compliance, automated speed enforcement system, or | ||||||
15 | automated traffic law violations; suspension of driving |
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1 | privileges.
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2 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
3 | subsection (c) of
this Section, from
any municipality or county | ||||||
4 | stating that the owner of a registered vehicle: (1) has failed
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5 | to pay any fine or penalty due and owing as a result of 10 or | ||||||
6 | more violations
of a
municipality's or county's vehicular | ||||||
7 | standing, parking, or compliance
regulations established by
| ||||||
8 | ordinance pursuant to Section 11-208.3 of this Code, (2) has | ||||||
9 | failed to pay any
fine or penalty due and owing as a result of 5 | ||||||
10 | offenses for automated speed enforcement system violations or | ||||||
11 | automated traffic
violations as defined in Sections
Section | ||||||
12 | 11-208.6 , 11-208.8, or 11-1201.1, or combination thereof, or | ||||||
13 | (3) is more than 14 days in default of a payment plan pursuant | ||||||
14 | to which a suspension had been terminated under subsection (c) | ||||||
15 | of this Section, the Secretary of State
shall suspend the | ||||||
16 | driving privileges of such person in accordance with the
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17 | procedures set forth in this Section.
The Secretary shall also | ||||||
18 | suspend the driving privileges of an owner of a
registered | ||||||
19 | vehicle upon receipt of a certified report, as prescribed by
| ||||||
20 | subsection (f) of this Section, from any municipality or county | ||||||
21 | stating that such
person has failed to satisfy any fines or | ||||||
22 | penalties imposed by final judgments
for 5 or more automated | ||||||
23 | speed enforcement system or automated traffic law violations , | ||||||
24 | or combination thereof, or 10 or more violations of local | ||||||
25 | standing, parking, or
compliance regulations after
exhaustion | ||||||
26 | of judicial review procedures.
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1 | (b) Following receipt of the certified report of the | ||||||
2 | municipality or county as
specified in this Section, the | ||||||
3 | Secretary of State shall notify the person
whose name appears | ||||||
4 | on the certified report that
the person's
drivers license will | ||||||
5 | be suspended at the end of a specified period of time
unless | ||||||
6 | the Secretary of State is presented with a notice from the
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7 | municipality or county certifying that the fine or penalty due
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8 | and owing the municipality or county has been paid or that | ||||||
9 | inclusion of that
person's name on the certified report was in | ||||||
10 | error. The Secretary's notice
shall state in substance the | ||||||
11 | information
contained in the municipality's or county's | ||||||
12 | certified report to the Secretary, and
shall be effective as | ||||||
13 | specified by subsection (c) of Section 6-211 of this
Code.
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14 | (c) The report of the appropriate municipal or county | ||||||
15 | official notifying the
Secretary of State of unpaid fines or | ||||||
16 | penalties pursuant to this Section
shall be certified and shall | ||||||
17 | contain the following:
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18 | (1) The name, last known address as recorded with the | ||||||
19 | Secretary of State, as provided by the lessor of the cited | ||||||
20 | vehicle at the time of lease, or as recorded in a United | ||||||
21 | States Post Office approved database if any notice sent | ||||||
22 | under Section 11-208.3 of this Code is returned as | ||||||
23 | undeliverable, and drivers license number of the
person who | ||||||
24 | failed to pay the fine or
penalty or who has defaulted in a | ||||||
25 | payment plan and the registration number of any vehicle | ||||||
26 | known to be registered
to such person in this State.
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1 | (2) The name of the municipality or county making the | ||||||
2 | report pursuant to this
Section.
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3 | (3) A statement that the municipality or county sent a | ||||||
4 | notice of impending
drivers license suspension as | ||||||
5 | prescribed by ordinance enacted
pursuant to Section | ||||||
6 | 11-208.3 of this Code or a notice of default in a payment | ||||||
7 | plan, to the person named in the report at the
address | ||||||
8 | recorded with the Secretary of State or at the last address | ||||||
9 | known to the lessor of the cited vehicle at the time of | ||||||
10 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
11 | Code is returned as undeliverable, at the last known | ||||||
12 | address recorded in a United States Post Office approved | ||||||
13 | database; the date on which such
notice was sent; and the | ||||||
14 | address to which such notice was sent.
In a municipality or | ||||||
15 | county with a population of 1,000,000 or more, the report | ||||||
16 | shall
also include a statement that the alleged violator's | ||||||
17 | State vehicle registration
number and vehicle make, if | ||||||
18 | specified on the automated speed enforcement system | ||||||
19 | violation or automated traffic law violation notice, are | ||||||
20 | correct as they appear on the citations. | ||||||
21 | (4) A unique identifying reference number for each | ||||||
22 | request of suspension sent whenever a person has failed to | ||||||
23 | pay the fine or penalty or has defaulted on a payment plan.
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24 | (d) Any municipality or county making a certified report to | ||||||
25 | the Secretary of State
pursuant to this Section
shall notify | ||||||
26 | the Secretary of State, in a form prescribed by the
Secretary, |
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1 | whenever a person named in the certified report has paid the
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2 | previously reported fine or penalty, whenever a person named in | ||||||
3 | the certified report has entered into a payment plan pursuant | ||||||
4 | to which the municipality or county has agreed to terminate the | ||||||
5 | suspension, or whenever the municipality or county determines
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6 | that the original report was in error. A certified copy of such
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7 | notification shall also be given upon request and at no | ||||||
8 | additional charge
to the person named therein. Upon receipt of | ||||||
9 | the municipality's or county's
notification or presentation of | ||||||
10 | a certified copy of such notification, the
Secretary of State | ||||||
11 | shall terminate the suspension.
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12 | (e) Any municipality or county making a certified report to | ||||||
13 | the Secretary of State
pursuant to this Section
shall also by | ||||||
14 | ordinance establish procedures for persons to
challenge the | ||||||
15 | accuracy of the certified report. The ordinance shall also
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16 | state the grounds for such a challenge, which may be limited to | ||||||
17 | (1) the
person not having been the owner or lessee of the | ||||||
18 | vehicle or vehicles
receiving 10 or more standing, parking, or | ||||||
19 | compliance
violation notices or a combination of 5 or more | ||||||
20 | automated speed enforcement system or automated traffic law | ||||||
21 | violations on the date or dates such notices were issued; and | ||||||
22 | (2) the
person
having already paid the fine or penalty for the | ||||||
23 | 10 or more standing, parking, or compliance violations or | ||||||
24 | combination of 5 or more automated speed enforcement system or | ||||||
25 | automated traffic law violations
indicated on the certified | ||||||
26 | report.
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1 | (f) Any municipality or county, other than a municipality | ||||||
2 | or county establishing vehicular
standing, parking, and | ||||||
3 | compliance regulations pursuant to
Section 11-208.3 , automated | ||||||
4 | speed enforcement system regulations under Section 11-208.8, | ||||||
5 | or automated traffic law regulations under Section 11-208.6 or | ||||||
6 | 11-1201.1, may also
cause a suspension of a person's drivers | ||||||
7 | license pursuant to this Section.
Such municipality or county | ||||||
8 | may invoke this sanction by making a certified report to
the | ||||||
9 | Secretary of State upon a person's failure to satisfy any fine | ||||||
10 | or
penalty imposed by final judgment for 10 or more violations | ||||||
11 | of local
standing, parking, or compliance regulations or a | ||||||
12 | combination of 5 or more automated speed enforcement system or | ||||||
13 | automated traffic law violations after exhaustion
of judicial | ||||||
14 | review
procedures, but only if:
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15 | (1) the municipality or county complies with the | ||||||
16 | provisions of this Section in all
respects except in regard | ||||||
17 | to enacting an ordinance pursuant to Section
11-208.3;
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18 | (2) the municipality or county has sent a notice of | ||||||
19 | impending
drivers license suspension as prescribed by an | ||||||
20 | ordinance enacted pursuant to
subsection (g) of this | ||||||
21 | Section; and
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22 | (3) in municipalities or counties with a population of | ||||||
23 | 1,000,000 or more, the
municipality or county
has verified | ||||||
24 | that the alleged violator's State vehicle registration | ||||||
25 | number and
vehicle make are correct as they appear on the | ||||||
26 | citations.
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1 | (g) Any municipality or county, other than a municipality | ||||||
2 | or county establishing
standing, parking, and compliance | ||||||
3 | regulations pursuant to
Section 11-208.3 , automated speed | ||||||
4 | enforcement system regulations under Section 11-208.8, or | ||||||
5 | automated traffic law regulations under Section 11-208.6 or | ||||||
6 | 11-1201.1, may provide by
ordinance for the sending of a notice | ||||||
7 | of impending
drivers license suspension to the person who has | ||||||
8 | failed to satisfy any fine
or penalty imposed by final judgment | ||||||
9 | for 10 or more violations of local
standing, parking, or | ||||||
10 | compliance regulations or a combination of 5 or more automated | ||||||
11 | speed enforcement system or automated traffic law violations | ||||||
12 | after exhaustion
of
judicial review
procedures. An ordinance so | ||||||
13 | providing shall specify that the notice
sent to the person | ||||||
14 | liable for any fine or penalty
shall state that failure to pay | ||||||
15 | the fine or
penalty owing within 45 days of the notice's date | ||||||
16 | will result in the
municipality or county notifying the | ||||||
17 | Secretary of State that
the person's drivers license is | ||||||
18 | eligible for suspension pursuant to this
Section.
The notice of | ||||||
19 | impending drivers license suspension
shall be sent by first | ||||||
20 | class United States mail, postage prepaid, to the
address
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21 | recorded with the Secretary of State or at the last address | ||||||
22 | known to the lessor of the cited vehicle at the time of lease | ||||||
23 | or, if any notice sent under Section 11-208.3 of this Code is | ||||||
24 | returned as undeliverable, to the last known address recorded | ||||||
25 | in a United States Post Office approved database.
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26 | (h) An administrative hearing to contest an impending |
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1 | suspension or a
suspension made pursuant to this Section may be | ||||||
2 | had upon filing a written
request with the Secretary of State. | ||||||
3 | The filing fee for this hearing shall
be $20, to be paid at the | ||||||
4 | time the request is made.
A municipality or county which files | ||||||
5 | a certified report with the Secretary of
State pursuant to this | ||||||
6 | Section shall reimburse the Secretary for all
reasonable costs | ||||||
7 | incurred by the Secretary as a result of the filing of the
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8 | report, including but not limited to the costs of providing the | ||||||
9 | notice
required pursuant to subsection (b) and the costs | ||||||
10 | incurred by the Secretary
in any hearing conducted with respect | ||||||
11 | to the report pursuant to this
subsection and any appeal from | ||||||
12 | such a hearing.
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13 | (i) The provisions of this Section shall apply on and after | ||||||
14 | January 1, 1988.
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15 | (j) For purposes of this Section, the term "compliance | ||||||
16 | violation" is
defined as in Section 11-208.3.
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17 | (Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10; | ||||||
18 | 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11.)
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19 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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20 | Sec. 11-208. Powers of local authorities.
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21 | (a) The provisions of this Code shall not be deemed to | ||||||
22 | prevent
local authorities with respect to streets and highways | ||||||
23 | under their
jurisdiction and within the reasonable exercise of | ||||||
24 | the police power from:
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25 | 1. Regulating the standing or parking of vehicles, |
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1 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
2 | Act;
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3 | 2. Regulating traffic by means of police officers or | ||||||
4 | traffic control
signals;
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5 | 3. Regulating or prohibiting processions or | ||||||
6 | assemblages on the highways;
| ||||||
7 | 4. Designating particular highways as one-way highways | ||||||
8 | and requiring that
all vehicles thereon be moved in one | ||||||
9 | specific direction;
| ||||||
10 | 5. Regulating the speed of vehicles in public parks | ||||||
11 | subject to the
limitations set forth in Section 11-604;
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12 | 6. Designating any highway as a through highway, as | ||||||
13 | authorized in Section
11-302, and requiring that all | ||||||
14 | vehicles stop before entering or crossing
the same or | ||||||
15 | designating any intersection as a stop intersection or a | ||||||
16 | yield
right-of-way intersection and requiring all vehicles | ||||||
17 | to stop or yield the
right-of-way at one or more entrances | ||||||
18 | to such intersections;
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19 | 7. Restricting the use of highways as authorized in | ||||||
20 | Chapter 15;
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21 | 8. Regulating the operation of bicycles and requiring | ||||||
22 | the
registration and licensing of same, including the | ||||||
23 | requirement of a
registration fee;
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24 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
25 | specified
types of vehicles at intersections;
| ||||||
26 | 10. Altering the speed limits as authorized in Section |
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1 | 11-604;
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2 | 11. Prohibiting U-turns;
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3 | 12. Prohibiting pedestrian crossings at other than | ||||||
4 | designated and marked
crosswalks or at intersections;
| ||||||
5 | 13. Prohibiting parking during snow removal operation;
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6 | 14. Imposing fines in accordance with Section | ||||||
7 | 11-1301.3 as penalties
for use of any parking place | ||||||
8 | reserved for persons with disabilities, as defined
by | ||||||
9 | Section 1-159.1, or disabled veterans by any person using a | ||||||
10 | motor
vehicle not bearing registration plates specified in | ||||||
11 | Section 11-1301.1
or a special decal or device as defined | ||||||
12 | in Section 11-1301.2
as evidence that the vehicle is | ||||||
13 | operated by or for a person
with disabilities or disabled | ||||||
14 | veteran;
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15 | 15. Adopting such other traffic regulations as are | ||||||
16 | specifically
authorized by this Code; or
| ||||||
17 | 16. Enforcing the provisions of subsection (f) of | ||||||
18 | Section 3-413 of this
Code or a similar local ordinance.
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19 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
20 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
21 | until signs giving
reasonable notice of such local traffic | ||||||
22 | regulations are posted.
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23 | (c) The provisions of this Code shall not prevent any
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24 | municipality having a population of 500,000 or more inhabitants | ||||||
25 | from
prohibiting any person from driving or operating any motor | ||||||
26 | vehicle upon
the roadways of such municipality with headlamps |
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1 | on high beam or bright.
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2 | (d) The provisions of this Code shall not be deemed to | ||||||
3 | prevent local
authorities within the reasonable exercise of | ||||||
4 | their police power from
prohibiting, on private property, the | ||||||
5 | unauthorized use of parking spaces
reserved for persons with | ||||||
6 | disabilities.
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7 | (e) No unit of local government, including a home rule | ||||||
8 | unit, may enact or
enforce an ordinance that applies only to | ||||||
9 | motorcycles if the principal purpose
for that ordinance is to | ||||||
10 | restrict the access of motorcycles to any highway or
portion of | ||||||
11 | a highway for which federal or State funds have been used for | ||||||
12 | the
planning, design, construction, or maintenance of that | ||||||
13 | highway. No unit of
local government, including a home rule | ||||||
14 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
15 | protective headgear. Nothing in this subsection
(e) shall | ||||||
16 | affect the authority of a unit of local government to regulate
| ||||||
17 | motorcycles for traffic control purposes or in accordance with | ||||||
18 | Section 12-602
of this Code. No unit of local government, | ||||||
19 | including a home rule unit, may
regulate motorcycles in a | ||||||
20 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
21 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
22 | the
Illinois Constitution on the concurrent exercise by home | ||||||
23 | rule units of powers
and functions exercised by the State.
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24 | (f) A municipality or county designated in Section 11-208.6 | ||||||
25 | may enact an ordinance providing for an
automated traffic law | ||||||
26 | enforcement system to enforce violations of this Code or
a |
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1 | similar provision of a local ordinance and imposing liability | ||||||
2 | on a registered owner or lessee of a vehicle used in such a | ||||||
3 | violation.
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4 | (g) A municipality or county, as provided in Section | ||||||
5 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
6 | traffic law enforcement system to enforce violations of Section | ||||||
7 | 11-1201 of this Code or a similar provision of a local | ||||||
8 | ordinance and imposing liability on a registered owner of a | ||||||
9 | vehicle used in such a violation.
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10 | (h) A municipality or county designated in Section 11-208.8 | ||||||
11 | may enact an ordinance providing for an
automated speed | ||||||
12 | enforcement system to enforce violations of Article VI of | ||||||
13 | Chapter 11 of this Code or a similar provision of a local | ||||||
14 | ordinance. | ||||||
15 | (Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29, | ||||||
16 | eff. 1-1-12.)
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17 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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18 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
19 | of traffic
regulations concerning the standing, parking, or | ||||||
20 | condition of
vehicles , and automated traffic law violations , | ||||||
21 | and automated speed enforcement system violations .
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22 | (a) Any municipality or county may provide by ordinance for | ||||||
23 | a system of
administrative adjudication of vehicular standing | ||||||
24 | and parking violations and
vehicle compliance violations as | ||||||
25 | described in this subsection , and automated traffic law |
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1 | violations as defined in Section 11-208.6 or 11-1201.1 , and | ||||||
2 | automated speed enforcement system violations as defined in | ||||||
3 | Section 11-208.8 .
The administrative system shall have as its | ||||||
4 | purpose the fair and
efficient enforcement of municipal or | ||||||
5 | county regulations through the
administrative adjudication of | ||||||
6 | automated speed enforcement system or automated traffic law | ||||||
7 | violations and violations of municipal or county ordinances
| ||||||
8 | regulating the standing and parking of vehicles, the condition | ||||||
9 | and use of
vehicle equipment, and the display of municipal or | ||||||
10 | county wheel tax licenses within the
municipality's
or county's | ||||||
11 | borders. The administrative system shall only have authority to | ||||||
12 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
13 | or requiring the completion of a traffic education program, or | ||||||
14 | both, that occur after the
effective date of the ordinance | ||||||
15 | adopting such a system under this Section.
For purposes of this | ||||||
16 | Section, "compliance violation" means a violation of a
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17 | municipal or county regulation governing the condition or use | ||||||
18 | of equipment on a vehicle
or governing the display of a | ||||||
19 | municipal or county wheel tax license.
| ||||||
20 | (b) Any ordinance establishing a system of administrative | ||||||
21 | adjudication
under this Section shall provide for:
| ||||||
22 | (1) A traffic compliance administrator authorized to
| ||||||
23 | adopt, distribute and
process parking, compliance, and | ||||||
24 | automated speed enforcement system or automated traffic | ||||||
25 | law violation notices and other notices required
by this
| ||||||
26 | Section, collect money paid as fines and penalties for |
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1 | violation of parking
and compliance
ordinances and | ||||||
2 | automated speed enforcement system or automated traffic | ||||||
3 | law violations, and operate an administrative adjudication | ||||||
4 | system. The traffic
compliance
administrator also may make | ||||||
5 | a certified report to the Secretary of State
under Section | ||||||
6 | 6-306.5.
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7 | (2) A parking, standing, compliance, automated speed | ||||||
8 | enforcement system, or automated traffic law violation | ||||||
9 | notice
that
shall specify the date,
time, and place of | ||||||
10 | violation of a parking, standing,
compliance, automated | ||||||
11 | speed enforcement system, or automated traffic law
| ||||||
12 | regulation; the particular regulation
violated; any | ||||||
13 | requirement to complete a traffic education program; the | ||||||
14 | fine and any penalty that may be assessed for late payment | ||||||
15 | or failure to complete a required traffic education | ||||||
16 | program, or both,
when so provided by ordinance; the | ||||||
17 | vehicle make and state registration
number; and the | ||||||
18 | identification number of the
person issuing the notice.
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19 | With regard to automated speed enforcement system or | ||||||
20 | automated traffic law violations, vehicle make shall be | ||||||
21 | specified on the automated speed enforcement system or | ||||||
22 | automated traffic law violation notice if the make is | ||||||
23 | available and readily discernible. With regard to | ||||||
24 | municipalities or counties with a population of 1 million | ||||||
25 | or more, it
shall be grounds for
dismissal of a parking
| ||||||
26 | violation if the state registration number or vehicle make |
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1 | specified is
incorrect. The violation notice shall state | ||||||
2 | that the completion of any required traffic education | ||||||
3 | program, the payment of any indicated
fine, and the payment | ||||||
4 | of any applicable penalty for late payment or failure to | ||||||
5 | complete a required traffic education program, or both, | ||||||
6 | shall operate as a
final disposition of the violation. The | ||||||
7 | notice also shall contain
information as to the | ||||||
8 | availability of a hearing in which the violation may
be | ||||||
9 | contested on its merits. The violation notice shall specify | ||||||
10 | the
time and manner in which a hearing may be had.
| ||||||
11 | (3) Service of the parking, standing, or compliance
| ||||||
12 | violation notice by affixing the
original or a facsimile of | ||||||
13 | the notice to an unlawfully parked vehicle or by
handing | ||||||
14 | the notice to the operator of a vehicle if he or she is
| ||||||
15 | present and service of an automated speed enforcement | ||||||
16 | system or automated traffic law violation notice by mail to | ||||||
17 | the
address
of the registered owner or lessee of the cited | ||||||
18 | vehicle as recorded with the Secretary of
State or the | ||||||
19 | lessor of the motor vehicle within 30 days after the | ||||||
20 | Secretary of State or the lessor of the motor vehicle | ||||||
21 | notifies the municipality or county of the identity of the | ||||||
22 | owner or lessee of the vehicle, but not later than 90 days | ||||||
23 | after the violation, except that in the case of a lessee of | ||||||
24 | a motor vehicle, service of an automated traffic law | ||||||
25 | violation notice may occur no later than 210 days after the | ||||||
26 | violation. A person authorized by ordinance to issue and |
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| |||||||
1 | serve parking,
standing, and compliance
violation notices | ||||||
2 | shall certify as to the correctness of the facts entered
on | ||||||
3 | the violation notice by signing his or her name to the | ||||||
4 | notice at
the time of service or in the case of a notice | ||||||
5 | produced by a computerized
device, by signing a single | ||||||
6 | certificate to be kept by the traffic
compliance
| ||||||
7 | administrator attesting to the correctness of all notices | ||||||
8 | produced by the
device while it was under his or her | ||||||
9 | control. In the case of an automated traffic law violation, | ||||||
10 | the ordinance shall
require
a
determination by a technician | ||||||
11 | employed or contracted by the municipality or county that,
| ||||||
12 | based on inspection of recorded images, the motor vehicle | ||||||
13 | was being operated in
violation of Section 11-208.6 or | ||||||
14 | 11-1201.1 or a local ordinance.
If the technician | ||||||
15 | determines that the
vehicle entered the intersection as | ||||||
16 | part of a funeral procession or in order to
yield the | ||||||
17 | right-of-way to an emergency vehicle, a citation shall not | ||||||
18 | be issued. In municipalities with a population of less than | ||||||
19 | 1,000,000 inhabitants and counties with a population of | ||||||
20 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
21 | ordinance shall require that all determinations by a | ||||||
22 | technician that a motor vehicle was being operated in
| ||||||
23 | violation of Section 11-208.6 or 11-1201.1 or a local | ||||||
24 | ordinance must be reviewed and approved by a law | ||||||
25 | enforcement officer or retired law enforcement officer of | ||||||
26 | the municipality or county issuing the violation. In |
| |||||||
| |||||||
1 | municipalities with a population of 1,000,000 or more | ||||||
2 | inhabitants and counties with a population of 3,000,000 or | ||||||
3 | more inhabitants, the automated traffic law ordinance | ||||||
4 | shall require that all determinations by a technician that | ||||||
5 | a motor vehicle was being operated in
violation of Section | ||||||
6 | 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | ||||||
7 | and approved by a law enforcement officer or retired law | ||||||
8 | enforcement officer of the municipality or county issuing | ||||||
9 | the violation or by an additional fully-trained reviewing | ||||||
10 | technician who is not employed by the contractor who | ||||||
11 | employs the technician who made the initial determination. | ||||||
12 | In the case of an automated speed enforcement system | ||||||
13 | violation, the ordinance shall require a determination by a | ||||||
14 | technician employed by the municipality, based upon an | ||||||
15 | inspection of recorded images, video or other | ||||||
16 | documentation, including documentation of the speed limit | ||||||
17 | and automated speed enforcement signage, and documentation | ||||||
18 | of the inspection, calibration, and certification of the | ||||||
19 | speed equipment, that the vehicle was being operated in | ||||||
20 | violation of Article VI of Chapter 11 of this Code or a | ||||||
21 | similar local ordinance. If the technician determines that | ||||||
22 | the vehicle speed was not determined by a calibrated, | ||||||
23 | certified speed equipment device based upon the speed | ||||||
24 | equipment documentation, or if the vehicle was an emergency | ||||||
25 | vehicle, a citation may not be issued. The automated speed | ||||||
26 | enforcement ordinance shall require that all |
| |||||||
| |||||||
1 | determinations by a technician that a violation occurred be | ||||||
2 | reviewed and approved by a law enforcement officer or | ||||||
3 | retired law enforcement officer of the municipality | ||||||
4 | issuing the violation or by an additional fully trained | ||||||
5 | reviewing technician who is not employed by the contractor | ||||||
6 | who employs the technician who made the initial | ||||||
7 | determination. Routine and independent calibration of the | ||||||
8 | speeds produced by automated speed enforcement systems and | ||||||
9 | equipment shall be conducted by a qualified technician. | ||||||
10 | Speeds produced by an automated speed enforcement system | ||||||
11 | shall be compared with speeds produced by lidar or other | ||||||
12 | independent equipment. Qualified technicians shall test | ||||||
13 | radar or lidar equipment no less frequently than once every | ||||||
14 | 60 days, and shall test loop based equipment no less | ||||||
15 | frequently than once a year. Documentation of the | ||||||
16 | calibration results, including the equipment tested, test | ||||||
17 | date, technician performing the test, and test results, | ||||||
18 | shall be maintained and available for use in the | ||||||
19 | determination of an automated speed enforcement system | ||||||
20 | violation and issuance of a citation. The technician | ||||||
21 | performing the calibration and testing of the automated | ||||||
22 | speed enforcement equipment shall be trained and certified | ||||||
23 | in the use of equipment for speed enforcement purposes. | ||||||
24 | Training on the speed enforcement equipment may be | ||||||
25 | conducted by law enforcement, civilian, or manufacturer's | ||||||
26 | personnel and shall be equivalent to the equipment use and |
| |||||||
| |||||||
1 | operations training included in the Speed Measuring Device | ||||||
2 | Operator Program developed by the National Highway Traffic | ||||||
3 | Safety Administration (NHTSA). The technician who performs | ||||||
4 | the work shall keep accurate records on each piece of | ||||||
5 | equipment the technician calibrates and tests. As used in | ||||||
6 | this paragraph, "fully-trained reviewing technician" means | ||||||
7 | a person who has received at least 40 hours of supervised | ||||||
8 | training in subjects which shall include image inspection | ||||||
9 | and interpretation, the elements necessary to prove a | ||||||
10 | violation, license plate identification, and traffic | ||||||
11 | safety and management. In all municipalities and counties, | ||||||
12 | the automated speed enforcement system or automated | ||||||
13 | traffic law ordinance shall require that no additional fee | ||||||
14 | shall be charged to the alleged violator for exercising his | ||||||
15 | or her right to an administrative hearing, and persons | ||||||
16 | shall be given at least 25 days following an administrative | ||||||
17 | hearing to pay any civil penalty imposed by a finding that | ||||||
18 | Section 11-208.6 , 11-208.8, or 11-1201.1 or a similar local | ||||||
19 | ordinance has been violated. The original or a
facsimile of | ||||||
20 | the violation notice or, in the case of a notice produced | ||||||
21 | by a
computerized device, a printed record generated by the | ||||||
22 | device showing the facts
entered on the notice, shall be | ||||||
23 | retained by the
traffic compliance
administrator, and | ||||||
24 | shall be a record kept in the ordinary course of
business. | ||||||
25 | A parking, standing, compliance, automated speed | ||||||
26 | enforcement system, or automated traffic law violation |
| |||||||
| |||||||
1 | notice issued,
signed and served in
accordance with this | ||||||
2 | Section, a copy of the notice, or the computer
generated | ||||||
3 | record shall be prima facie
correct and shall be prima | ||||||
4 | facie evidence of the correctness of the facts
shown on the | ||||||
5 | notice. The notice, copy, or computer generated
record | ||||||
6 | shall be admissible in any
subsequent administrative or | ||||||
7 | legal proceedings.
| ||||||
8 | (4) An opportunity for a hearing for the registered | ||||||
9 | owner of the
vehicle cited in the parking, standing, | ||||||
10 | compliance, automated speed enforcement system, or | ||||||
11 | automated traffic law violation notice in
which the owner | ||||||
12 | may
contest the merits of the alleged violation, and during | ||||||
13 | which formal or
technical rules of evidence shall not | ||||||
14 | apply; provided, however, that under
Section 11-1306 of | ||||||
15 | this Code the lessee of a vehicle cited in the
violation | ||||||
16 | notice likewise shall be provided an opportunity for a | ||||||
17 | hearing of
the same kind afforded the registered owner. The | ||||||
18 | hearings shall be
recorded, and the person conducting the | ||||||
19 | hearing on behalf of the traffic
compliance
administrator | ||||||
20 | shall be empowered to administer oaths and to secure by
| ||||||
21 | subpoena both the attendance and testimony of witnesses and | ||||||
22 | the production
of relevant books and papers. Persons | ||||||
23 | appearing at a hearing under this
Section may be | ||||||
24 | represented by counsel at their expense. The ordinance may
| ||||||
25 | also provide for internal administrative review following | ||||||
26 | the decision of
the hearing officer.
|
| |||||||
| |||||||
1 | (5) Service of additional notices, sent by first class | ||||||
2 | United States
mail, postage prepaid, to the address of the | ||||||
3 | registered owner of the cited
vehicle as recorded with the | ||||||
4 | Secretary of State or, if any notice to that address is | ||||||
5 | returned as undeliverable, to the last known address | ||||||
6 | recorded in a United States Post Office approved database,
| ||||||
7 | or, under Section 11-1306
or subsection (p) of Section | ||||||
8 | 11-208.6 , or subsection (p) of Section 11-208.8 of this | ||||||
9 | Code, to the lessee of the cited vehicle at the last | ||||||
10 | address known
to the lessor of the cited vehicle at the | ||||||
11 | time of lease or, if any notice to that address is returned | ||||||
12 | as undeliverable, to the last known address recorded in a | ||||||
13 | United States Post Office approved database.
The service | ||||||
14 | shall
be deemed complete as of the date of deposit in the | ||||||
15 | United States mail.
The notices shall be in the following | ||||||
16 | sequence and shall include but not be
limited to the | ||||||
17 | information specified herein:
| ||||||
18 | (i) A second notice of parking, standing, or | ||||||
19 | compliance violation. This notice shall specify the
| ||||||
20 | date and location of the violation cited in the | ||||||
21 | parking,
standing,
or compliance violation
notice, the | ||||||
22 | particular regulation violated, the vehicle
make and | ||||||
23 | state registration number, any requirement to complete | ||||||
24 | a traffic education program, the fine and any penalty | ||||||
25 | that may be
assessed for late payment or failure to | ||||||
26 | complete a traffic education program, or both, when so |
| |||||||
| |||||||
1 | provided by ordinance, the availability
of a hearing in | ||||||
2 | which the violation may be contested on its merits, and | ||||||
3 | the
time and manner in which the hearing may be had. | ||||||
4 | The notice of violation
shall also state that failure | ||||||
5 | to complete a required traffic education program, to | ||||||
6 | pay the indicated fine and any
applicable penalty, or | ||||||
7 | to appear at a hearing on the merits in the time and
| ||||||
8 | manner specified, will result in a final determination | ||||||
9 | of violation
liability for the cited violation in the | ||||||
10 | amount of the fine or penalty
indicated, and that, upon | ||||||
11 | the occurrence of a final determination of violation | ||||||
12 | liability for the failure, and the exhaustion of, or
| ||||||
13 | failure to exhaust, available administrative or | ||||||
14 | judicial procedures for
review, any incomplete traffic | ||||||
15 | education program or any unpaid fine or penalty, or | ||||||
16 | both, will constitute a debt due and owing
the | ||||||
17 | municipality or county.
| ||||||
18 | (ii) A notice of final determination of parking, | ||||||
19 | standing,
compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law violation liability.
| ||||||
21 | This notice shall be sent following a final | ||||||
22 | determination of parking,
standing, compliance, | ||||||
23 | automated speed enforcement system, or automated | ||||||
24 | traffic law
violation liability and the conclusion of | ||||||
25 | judicial review procedures taken
under this Section. | ||||||
26 | The notice shall state that the incomplete traffic |
| |||||||
| |||||||
1 | education program or the unpaid fine or
penalty, or | ||||||
2 | both, is a debt due and owing the municipality or | ||||||
3 | county. The notice shall contain
warnings that failure | ||||||
4 | to complete any required traffic education program or | ||||||
5 | to pay any fine or penalty due and owing the
| ||||||
6 | municipality or county, or both, within the time | ||||||
7 | specified may result in the municipality's
or county's | ||||||
8 | filing of a petition in the Circuit Court to have the | ||||||
9 | incomplete traffic education program or unpaid
fine or | ||||||
10 | penalty, or both, rendered a judgment as provided by | ||||||
11 | this Section, or may
result in suspension of the | ||||||
12 | person's drivers license for failure to complete a | ||||||
13 | traffic education program or to pay
fines or penalties, | ||||||
14 | or both, for 10 or more parking violations under | ||||||
15 | Section 6-306.5 , or a combination of 5 or more | ||||||
16 | automated traffic law violations under Section | ||||||
17 | 11-208.6 or automated speed enforcement system | ||||||
18 | violations under Section 11-208.8 .
| ||||||
19 | (6) A notice of impending drivers license suspension. | ||||||
20 | This
notice shall be sent to the person liable for failure | ||||||
21 | to complete a required traffic education program or to pay | ||||||
22 | any fine or penalty that
remains due and owing, or both, on | ||||||
23 | 10 or more parking
violations or combination of 5 or more | ||||||
24 | unpaid automated speed enforcement system or automated | ||||||
25 | traffic law violations. The notice
shall state that failure | ||||||
26 | to complete a required traffic education program or to pay |
| |||||||
| |||||||
1 | the fine or penalty owing, or both, within 45 days of
the | ||||||
2 | notice's date will result in the municipality or county | ||||||
3 | notifying the Secretary
of State that the person is | ||||||
4 | eligible for initiation of suspension
proceedings under | ||||||
5 | Section 6-306.5 of this Code. The notice shall also state
| ||||||
6 | that the person may obtain a photostatic copy of an | ||||||
7 | original ticket imposing a
fine or penalty by sending a | ||||||
8 | self addressed, stamped envelope to the
municipality or | ||||||
9 | county along with a request for the photostatic copy.
The | ||||||
10 | notice of impending
drivers license suspension shall be | ||||||
11 | sent by first class United States mail,
postage prepaid, to | ||||||
12 | the address recorded with the Secretary of State or, if any | ||||||
13 | notice to that address is returned as undeliverable, to the | ||||||
14 | last known address recorded in a United States Post Office | ||||||
15 | approved database.
| ||||||
16 | (7) Final determinations of violation liability. A | ||||||
17 | final
determination of violation liability shall occur | ||||||
18 | following failure to complete the required traffic | ||||||
19 | education program or
to pay the fine or penalty, or both, | ||||||
20 | after a hearing officer's determination of violation | ||||||
21 | liability and the exhaustion of or failure to exhaust any
| ||||||
22 | administrative review procedures provided by ordinance. | ||||||
23 | Where a person
fails to appear at a hearing to contest the | ||||||
24 | alleged violation in the time
and manner specified in a | ||||||
25 | prior mailed notice, the hearing officer's
determination | ||||||
26 | of violation liability shall become final: (A) upon
denial |
| |||||||
| |||||||
1 | of a timely petition to set aside that determination, or | ||||||
2 | (B) upon
expiration of the period for filing the petition | ||||||
3 | without a
filing having been made.
| ||||||
4 | (8) A petition to set aside a determination of parking, | ||||||
5 | standing,
compliance, automated speed enforcement system, | ||||||
6 | or automated traffic law violation
liability that may be | ||||||
7 | filed by a person owing an unpaid fine or penalty. A | ||||||
8 | petition to set aside a determination of liability may also | ||||||
9 | be filed by a person required to complete a traffic | ||||||
10 | education program.
The petition shall be filed with and | ||||||
11 | ruled upon by the traffic compliance
administrator in the | ||||||
12 | manner and within the time specified by ordinance.
The | ||||||
13 | grounds for the petition may be limited to: (A) the person | ||||||
14 | not having
been the owner or lessee of the cited vehicle on | ||||||
15 | the date the
violation notice was issued, (B) the person | ||||||
16 | having already completed the required traffic education | ||||||
17 | program or paid the fine or
penalty, or both, for the | ||||||
18 | violation in question, and (C) excusable failure to
appear | ||||||
19 | at or
request a new date for a hearing.
With regard to | ||||||
20 | municipalities or counties with a population of 1 million | ||||||
21 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
22 | violation if the state registration number, or vehicle make | ||||||
23 | if specified, is
incorrect. After the determination of
| ||||||
24 | parking, standing, compliance, automated speed enforcement | ||||||
25 | system, or automated traffic law violation liability has | ||||||
26 | been set aside
upon a showing of just
cause, the registered |
| |||||||
| |||||||
1 | owner shall be provided with a hearing on the merits
for | ||||||
2 | that violation.
| ||||||
3 | (9) Procedures for non-residents. Procedures by which | ||||||
4 | persons who are
not residents of the municipality or county | ||||||
5 | may contest the merits of the alleged
violation without | ||||||
6 | attending a hearing.
| ||||||
7 | (10) A schedule of civil fines for violations of | ||||||
8 | vehicular standing,
parking, compliance, automated speed | ||||||
9 | enforcement system, or automated traffic law regulations | ||||||
10 | enacted by ordinance pursuant to this
Section, and a
| ||||||
11 | schedule of penalties for late payment of the fines or | ||||||
12 | failure to complete required traffic education programs, | ||||||
13 | provided, however,
that the total amount of the fine and | ||||||
14 | penalty for any one violation shall
not exceed $250, except | ||||||
15 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
16 | Code.
| ||||||
17 | (11) Other provisions as are necessary and proper to | ||||||
18 | carry into
effect the powers granted and purposes stated in | ||||||
19 | this Section.
| ||||||
20 | (c) Any municipality or county establishing vehicular | ||||||
21 | standing, parking,
compliance, automated speed enforcement | ||||||
22 | system, or automated traffic law
regulations under this Section | ||||||
23 | may also provide by ordinance for a
program of vehicle | ||||||
24 | immobilization for the purpose of facilitating
enforcement of | ||||||
25 | those regulations. The program of vehicle
immobilization shall | ||||||
26 | provide for immobilizing any eligible vehicle upon the
public |
| |||||||
| |||||||
1 | way by presence of a restraint in a manner to prevent operation | ||||||
2 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
3 | immobilization under this Section shall provide:
| ||||||
4 | (1) Criteria for the designation of vehicles eligible | ||||||
5 | for
immobilization. A vehicle shall be eligible for | ||||||
6 | immobilization when the
registered owner of the vehicle has | ||||||
7 | accumulated the number of incomplete traffic education | ||||||
8 | programs or unpaid final
determinations of parking, | ||||||
9 | standing, compliance, automated speed enforcement system, | ||||||
10 | or automated traffic law violation liability, or both, as
| ||||||
11 | determined by ordinance.
| ||||||
12 | (2) A notice of impending vehicle immobilization and a | ||||||
13 | right to a
hearing to challenge the validity of the notice | ||||||
14 | by disproving liability
for the incomplete traffic | ||||||
15 | education programs or unpaid final determinations of | ||||||
16 | parking, standing, compliance, automated speed enforcement | ||||||
17 | system, or automated traffic law
violation liability, or | ||||||
18 | both, listed
on the notice.
| ||||||
19 | (3) The right to a prompt hearing after a vehicle has | ||||||
20 | been immobilized
or subsequently towed without the | ||||||
21 | completion of the required traffic education program or | ||||||
22 | payment of the outstanding fines and
penalties on parking, | ||||||
23 | standing, compliance, automated speed enforcement system, | ||||||
24 | or automated traffic law violations, or both, for which | ||||||
25 | final
determinations have been
issued. An order issued | ||||||
26 | after the hearing is a final administrative
decision within |
| |||||||
| |||||||
1 | the meaning of Section 3-101 of the Code of Civil | ||||||
2 | Procedure.
| ||||||
3 | (4) A post immobilization and post-towing notice | ||||||
4 | advising the registered
owner of the vehicle of the right | ||||||
5 | to a hearing to challenge the validity
of the impoundment.
| ||||||
6 | (d) Judicial review of final determinations of parking, | ||||||
7 | standing,
compliance, automated speed enforcement system, or | ||||||
8 | automated traffic law
violations and final administrative | ||||||
9 | decisions issued after hearings
regarding vehicle | ||||||
10 | immobilization and impoundment made
under this Section shall be | ||||||
11 | subject to the provisions of
the Administrative Review Law.
| ||||||
12 | (e) Any fine, penalty, incomplete traffic education | ||||||
13 | program, or part of any fine or any penalty remaining
unpaid | ||||||
14 | after the exhaustion of, or the failure to exhaust, | ||||||
15 | administrative
remedies created under this Section and the | ||||||
16 | conclusion of any judicial
review procedures shall be a debt | ||||||
17 | due and owing the municipality or county and, as
such, may be | ||||||
18 | collected in accordance with applicable law. Completion of any | ||||||
19 | required traffic education program and payment in full
of any | ||||||
20 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
21 | automated speed enforcement system, or automated traffic law | ||||||
22 | violation shall
constitute a final disposition of that | ||||||
23 | violation.
| ||||||
24 | (f) After the expiration of the period within which | ||||||
25 | judicial review may
be sought for a final determination of | ||||||
26 | parking, standing, compliance, automated speed enforcement |
| |||||||
| |||||||
1 | system, or automated traffic law
violation, the municipality
or | ||||||
2 | county may commence a proceeding in the Circuit Court for | ||||||
3 | purposes of obtaining a
judgment on the final determination of | ||||||
4 | violation. Nothing in this
Section shall prevent a municipality | ||||||
5 | or county from consolidating multiple final
determinations of | ||||||
6 | parking, standing, compliance, automated speed enforcement | ||||||
7 | system, or automated traffic law violations against a
person in | ||||||
8 | a proceeding.
Upon commencement of the action, the municipality | ||||||
9 | or county shall file a certified
copy or record of the final | ||||||
10 | determination of parking, standing, compliance, automated | ||||||
11 | speed enforcement system, or automated traffic law
violation, | ||||||
12 | which shall be
accompanied by a certification that recites | ||||||
13 | facts sufficient to show that
the final determination of | ||||||
14 | violation was
issued in accordance with this Section and the | ||||||
15 | applicable municipal
or county ordinance. Service of the | ||||||
16 | summons and a copy of the petition may be by
any method | ||||||
17 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
18 | certified mail, return receipt requested, provided that the | ||||||
19 | total amount of
fines and penalties for final determinations of | ||||||
20 | parking, standing,
compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law violations does not
exceed | ||||||
22 | $2500. If the court is satisfied that the final determination | ||||||
23 | of
parking, standing, compliance, automated speed enforcement | ||||||
24 | system, or automated traffic law violation was entered in | ||||||
25 | accordance with
the requirements of
this Section and the | ||||||
26 | applicable municipal or county ordinance, and that the |
| |||||||
| |||||||
1 | registered
owner or the lessee, as the case may be, had an | ||||||
2 | opportunity for an
administrative hearing and for judicial | ||||||
3 | review as provided in this Section,
the court shall render | ||||||
4 | judgment in favor of the municipality or county and against
the | ||||||
5 | registered owner or the lessee for the amount indicated in the | ||||||
6 | final
determination of parking, standing, compliance, | ||||||
7 | automated speed enforcement system, or automated traffic law | ||||||
8 | violation, plus costs.
The judgment shall have
the same effect | ||||||
9 | and may be enforced in the same manner as other judgments
for | ||||||
10 | the recovery of money.
| ||||||
11 | (g) The fee for participating in a traffic education | ||||||
12 | program under this Section shall not exceed $25. | ||||||
13 | A low-income individual required to complete a traffic | ||||||
14 | education program under this Section who provides proof of | ||||||
15 | eligibility for the federal earned income tax credit under | ||||||
16 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
17 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
18 | Act shall not be required to pay any fee for participating in a | ||||||
19 | required traffic education program. | ||||||
20 | (Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; | ||||||
21 | 96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | ||||||
22 | 7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11.)".
| ||||||
23 | (625 ILCS 5/11-208.6)
| ||||||
24 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
25 | (a) As used in this Section, "automated traffic law |
| |||||||
| |||||||
1 | enforcement
system" means a device with one or more motor | ||||||
2 | vehicle sensors working
in conjunction with a red light signal | ||||||
3 | to produce recorded images of
motor vehicles entering an | ||||||
4 | intersection against a red signal
indication in violation of | ||||||
5 | Section 11-306 of this Code or a similar provision
of a local | ||||||
6 | ordinance.
| ||||||
7 | An
automated traffic law enforcement system is a system, in | ||||||
8 | a municipality or
county operated by a
governmental agency, | ||||||
9 | that
produces a recorded image of a motor vehicle's
violation | ||||||
10 | of a provision of this Code or a local ordinance
and is | ||||||
11 | designed to obtain a clear recorded image of the
vehicle and | ||||||
12 | the vehicle's license plate. The recorded image must also
| ||||||
13 | display the time, date, and location of the violation.
| ||||||
14 | (b) As used in this Section, "recorded images" means images
| ||||||
15 | recorded by an automated traffic law enforcement system on:
| ||||||
16 | (1) 2 or more photographs;
| ||||||
17 | (2) 2 or more microphotographs;
| ||||||
18 | (3) 2 or more electronic images; or
| ||||||
19 | (4) a video recording showing the motor vehicle and, on | ||||||
20 | at
least one image or portion of the recording, clearly | ||||||
21 | identifying the
registration plate number of the motor | ||||||
22 | vehicle.
| ||||||
23 | (b-5) A municipality or
county that
produces a recorded | ||||||
24 | image of a motor vehicle's
violation of a provision of this | ||||||
25 | Code or a local ordinance must make the recorded images of a | ||||||
26 | violation accessible to the alleged violator by providing the |
| |||||||
| |||||||
1 | alleged violator with a website address, accessible through the | ||||||
2 | Internet. | ||||||
3 | (c) Except as provided under Section 11-208.8 of this Code, | ||||||
4 | a A county or municipality, including a home rule county or | ||||||
5 | municipality, may not use an automated traffic law enforcement | ||||||
6 | system to provide recorded images of a motor vehicle for the | ||||||
7 | purpose of recording its speed. Except as provided under | ||||||
8 | Section 11-208.8 of this Code, the The regulation of the use of | ||||||
9 | automated traffic law enforcement systems to record vehicle | ||||||
10 | speeds is an exclusive power and function of the State. This | ||||||
11 | subsection (c) is a denial and limitation of home rule powers | ||||||
12 | and functions under subsection (h) of Section 6 of Article VII | ||||||
13 | of the Illinois Constitution.
| ||||||
14 | (c-5) A county or municipality, including a home rule | ||||||
15 | county or municipality, may not use an automated traffic law | ||||||
16 | enforcement system to issue violations in instances where the | ||||||
17 | motor vehicle comes to a complete stop and does not enter the | ||||||
18 | intersection, as defined by Section 1-132 of this Code, during | ||||||
19 | the cycle of the red signal indication unless one or more | ||||||
20 | pedestrians or bicyclists are present, even if the motor | ||||||
21 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
22 | driver is required to stop, as specified in subsection (c) of | ||||||
23 | Section 11-306 of this Code or a similar provision of a local | ||||||
24 | ordinance. | ||||||
25 | (d) For each violation of a provision of this Code or a | ||||||
26 | local ordinance
recorded by an automatic
traffic law |
| |||||||
| |||||||
1 | enforcement system, the county or municipality having
| ||||||
2 | jurisdiction shall issue a written notice of the
violation to | ||||||
3 | the registered owner of the vehicle as the alleged
violator. | ||||||
4 | The notice shall be delivered to the registered
owner of the | ||||||
5 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
6 | notifies the municipality or county of the identity of the | ||||||
7 | owner of the vehicle, but in no event later than 90 days after | ||||||
8 | the violation.
| ||||||
9 | The notice shall include:
| ||||||
10 | (1) the name and address of the registered owner of the
| ||||||
11 | vehicle;
| ||||||
12 | (2) the registration number of the motor vehicle
| ||||||
13 | involved in the violation;
| ||||||
14 | (3) the violation charged;
| ||||||
15 | (4) the location where the violation occurred;
| ||||||
16 | (5) the date and time of the violation;
| ||||||
17 | (6) a copy of the recorded images;
| ||||||
18 | (7) the amount of the civil penalty imposed and the | ||||||
19 | requirements of any traffic education program imposed and | ||||||
20 | the date
by which the civil penalty should be paid and the | ||||||
21 | traffic education program should be completed;
| ||||||
22 | (8) a statement that recorded images are evidence of a
| ||||||
23 | violation of a red light signal;
| ||||||
24 | (9) a warning that failure to pay the civil penalty, to | ||||||
25 | complete a required traffic education program, or to
| ||||||
26 | contest liability in a timely manner is an admission of
|
| |||||||
| |||||||
1 | liability and may result in a suspension of the driving
| ||||||
2 | privileges of the registered owner of the vehicle;
| ||||||
3 | (10) a statement that the person may elect to proceed | ||||||
4 | by:
| ||||||
5 | (A) paying the fine, completing a required traffic | ||||||
6 | education program, or both; or
| ||||||
7 | (B) challenging the charge in court, by mail, or by | ||||||
8 | administrative hearing; and
| ||||||
9 | (11) a website address, accessible through the | ||||||
10 | Internet, where the person may view the recorded images of | ||||||
11 | the violation. | ||||||
12 | (e) If a person
charged with a traffic violation, as a | ||||||
13 | result of an automated traffic law
enforcement system, does not | ||||||
14 | pay the fine or complete a required traffic education program, | ||||||
15 | or both, or successfully contest the civil
penalty resulting | ||||||
16 | from that violation, the Secretary of State shall suspend the
| ||||||
17 | driving privileges of the
registered owner of the vehicle under | ||||||
18 | Section 6-306.5 of this Code for failing
to complete a required | ||||||
19 | traffic education program or to pay any fine or penalty
due and | ||||||
20 | owing, or both, as a result of a combination of 5 violations of | ||||||
21 | the automated traffic law
enforcement system or the automated | ||||||
22 | speed enforcement system under Section 11-208.8 of this Code .
| ||||||
23 | (f) Based on inspection of recorded images produced by an
| ||||||
24 | automated traffic law enforcement system, a notice alleging | ||||||
25 | that the violation occurred shall be evidence of the facts | ||||||
26 | contained
in the notice and admissible in any proceeding |
| |||||||
| |||||||
1 | alleging a
violation under this Section.
| ||||||
2 | (g) Recorded images made by an automatic traffic law
| ||||||
3 | enforcement system are confidential and shall be made
available | ||||||
4 | only to the alleged violator and governmental and
law | ||||||
5 | enforcement agencies for purposes of adjudicating a
violation | ||||||
6 | of this Section, for statistical purposes, or for other | ||||||
7 | governmental purposes. Any recorded image evidencing a
| ||||||
8 | violation of this Section, however, may be admissible in
any | ||||||
9 | proceeding resulting from the issuance of the citation.
| ||||||
10 | (h) The court or hearing officer may consider in defense of | ||||||
11 | a violation:
| ||||||
12 | (1) that the motor vehicle or registration plates of | ||||||
13 | the motor
vehicle were stolen before the violation occurred | ||||||
14 | and not
under the control of or in the possession of the | ||||||
15 | owner at
the time of the violation;
| ||||||
16 | (2) that the driver of the vehicle passed through the
| ||||||
17 | intersection when the light was red either (i) in order to
| ||||||
18 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
19 | part of a funeral procession; and
| ||||||
20 | (3) any other evidence or issues provided by municipal | ||||||
21 | or county ordinance.
| ||||||
22 | (i) To demonstrate that the motor vehicle or the | ||||||
23 | registration
plates were stolen before the violation occurred | ||||||
24 | and were not under the
control or possession of the owner at | ||||||
25 | the time of the violation, the
owner must submit proof that a | ||||||
26 | report concerning the stolen
motor vehicle or registration |
| |||||||
| |||||||
1 | plates was filed with a law enforcement agency in a timely | ||||||
2 | manner.
| ||||||
3 | (j) Unless the driver of the motor vehicle received a | ||||||
4 | Uniform
Traffic Citation from a police officer at the time of | ||||||
5 | the violation,
the motor vehicle owner is subject to a civil | ||||||
6 | penalty not exceeding
$100 or the completion of a traffic | ||||||
7 | education program, or both, plus an additional penalty of not | ||||||
8 | more than $100 for failure to pay the original penalty or to | ||||||
9 | complete a required traffic education program, or both, in a | ||||||
10 | timely manner, if the motor vehicle is recorded by an automated | ||||||
11 | traffic law
enforcement system. A violation for which a civil | ||||||
12 | penalty is imposed
under this Section is not a violation of a | ||||||
13 | traffic regulation governing
the movement of vehicles and may | ||||||
14 | not be recorded on the driving record
of the owner of the | ||||||
15 | vehicle.
| ||||||
16 | (j-3) A registered owner who is a holder of a valid | ||||||
17 | commercial driver's license is not required to complete a | ||||||
18 | traffic education program. | ||||||
19 | (j-5) For purposes of the required traffic education | ||||||
20 | program only, a registered owner may submit an affidavit to the | ||||||
21 | court or hearing officer swearing that at the time of the | ||||||
22 | alleged violation, the vehicle was in the custody and control | ||||||
23 | of another person. The affidavit must identify the person in | ||||||
24 | custody and control of the vehicle, including the person's name | ||||||
25 | and current address. The person in custody and control of the | ||||||
26 | vehicle at the time of the violation is required to complete |
| |||||||
| |||||||
1 | the required traffic education program. If the person in | ||||||
2 | custody and control of the vehicle at the time of the violation | ||||||
3 | completes the required traffic education program, the | ||||||
4 | registered owner of the vehicle is not required to complete a | ||||||
5 | traffic education program. | ||||||
6 | (k) An intersection equipped with an automated traffic law
| ||||||
7 | enforcement system must be posted with a sign visible to | ||||||
8 | approaching traffic
indicating that the intersection is being | ||||||
9 | monitored by an automated
traffic law enforcement system. | ||||||
10 | (k-3) A municipality or
county that has one or more | ||||||
11 | intersections equipped with an automated traffic law
| ||||||
12 | enforcement system must provide notice to drivers by posting | ||||||
13 | the locations of automated traffic law systems on the | ||||||
14 | municipality or county website.
| ||||||
15 | (k-5) An intersection equipped with an automated traffic | ||||||
16 | law
enforcement system must have a yellow change interval that | ||||||
17 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
18 | Devices (IMUTCD) published by the Illinois Department of | ||||||
19 | Transportation. | ||||||
20 | (k-7) A municipality or county operating an automated | ||||||
21 | traffic law enforcement system shall conduct a statistical | ||||||
22 | analysis to assess the safety impact of each automated traffic | ||||||
23 | law enforcement system at an intersection following | ||||||
24 | installation of the system. The statistical analysis shall be | ||||||
25 | based upon the best available crash, traffic, and other data, | ||||||
26 | and shall cover a period of time before and after installation |
| |||||||
| |||||||
1 | of the system sufficient to provide a statistically valid | ||||||
2 | comparison of safety impact. The statistical analysis shall be | ||||||
3 | consistent with professional judgment and acceptable industry | ||||||
4 | practice. The statistical analysis also shall be consistent | ||||||
5 | with the data required for valid comparisons of before and | ||||||
6 | after conditions and shall be conducted within a reasonable | ||||||
7 | period following the installation of the automated traffic law | ||||||
8 | enforcement system. The statistical analysis required by this | ||||||
9 | subsection (k-7) shall be made available to the public and | ||||||
10 | shall be published on the website of the municipality or | ||||||
11 | county. If the statistical analysis for the 36 month period | ||||||
12 | following installation of the system indicates that there has | ||||||
13 | been an increase in the rate of accidents at the approach to | ||||||
14 | the intersection monitored by the system, the municipality or | ||||||
15 | county shall undertake additional studies to determine the | ||||||
16 | cause and severity of the accidents, and may take any action | ||||||
17 | that it determines is necessary or appropriate to reduce the | ||||||
18 | number or severity of the accidents at that intersection. | ||||||
19 | (l) The compensation paid for an automated traffic law | ||||||
20 | enforcement system
must be based on the value of the equipment | ||||||
21 | or the services provided and may
not be based on the number of | ||||||
22 | traffic citations issued or the revenue generated
by the | ||||||
23 | system.
| ||||||
24 | (m) This Section applies only to the counties of Cook, | ||||||
25 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
26 | to municipalities located within those counties.
|
| |||||||
| |||||||
1 | (n) The fee for participating in a traffic education | ||||||
2 | program under this Section shall not exceed $25. | ||||||
3 | A low-income individual required to complete a traffic | ||||||
4 | education program under this Section who provides proof of | ||||||
5 | eligibility for the federal earned income tax credit under | ||||||
6 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
7 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
8 | Act shall not be required to pay any fee for participating in a | ||||||
9 | required traffic education program. | ||||||
10 | (o) A municipality or county shall make a certified report | ||||||
11 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
12 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
13 | any
fine or penalty due and owing as a result of a combination | ||||||
14 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
15 | system violations. | ||||||
16 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
17 | to a written lease agreement shall be liable for an automated | ||||||
18 | speed or traffic law enforcement system violation involving | ||||||
19 | such motor vehicle during the period of the lease; provided | ||||||
20 | that upon the request of the appropriate authority received | ||||||
21 | within 120 days after the violation occurred, the lessor | ||||||
22 | provides within 60 days after such receipt the name and address | ||||||
23 | of the lessee. The drivers license number of a lessee may be | ||||||
24 | subsequently individually requested by the appropriate | ||||||
25 | authority if needed for enforcement of this Section. | ||||||
26 | Upon the provision of information by the lessor pursuant to |
| |||||||
| |||||||
1 | this subsection, the county or municipality may issue the | ||||||
2 | violation to the lessee of the vehicle in the same manner as it | ||||||
3 | would issue a violation to a registered owner of a vehicle | ||||||
4 | pursuant to this Section, and the lessee may be held liable for | ||||||
5 | the violation. | ||||||
6 | (Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11; | ||||||
7 | 97-29, eff. 1-1-12.) | ||||||
8 | (625 ILCS 5/11-208.8 new) | ||||||
9 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
10 | safety zones. | ||||||
11 | (a) As used in this Section: | ||||||
12 | "Automated speed enforcement
system" means a photographic | ||||||
13 | device, radar device, laser device, or other electrical or | ||||||
14 | mechanical device or devices installed or utilized in a safety | ||||||
15 | zone and designed to record the speed of a vehicle and obtain a | ||||||
16 | clear photograph or other recorded image of the vehicle and the | ||||||
17 | vehicle's registration plate while the driver is violating | ||||||
18 | Article VI of Chapter 11 of this Code or a similar provision of | ||||||
19 | a local ordinance. | ||||||
20 | An automated speed enforcement system is a system, located | ||||||
21 | in a safety zone which is under the jurisdiction of a | ||||||
22 | municipality, that produces a recorded image of a motor | ||||||
23 | vehicle's violation of a provision of this Code or a local | ||||||
24 | ordinance and is designed to obtain a clear recorded image of | ||||||
25 | the vehicle and the vehicle's license plate. The recorded image |
| |||||||
| |||||||
1 | must also display the time, date, and location of the | ||||||
2 | violation. | ||||||
3 | "Owner" means the person or entity to whom the vehicle is | ||||||
4 | registered. | ||||||
5 | "Recorded image" means images
recorded by an automated | ||||||
6 | speed enforcement system on: | ||||||
7 | (1) 2 or more photographs; | ||||||
8 | (2) 2 or more microphotographs; | ||||||
9 | (3) 2 or more electronic images; or | ||||||
10 | (4) a video recording showing the motor vehicle and, on | ||||||
11 | at
least one image or portion of the recording, clearly | ||||||
12 | identifying the
registration plate number of the motor | ||||||
13 | vehicle. | ||||||
14 | "Safety zone" means an area that is within one-eighth of a | ||||||
15 | mile from the nearest property line of any facility, area, or | ||||||
16 | land owned by a park district, school district, community | ||||||
17 | college district, or public or private college or university | ||||||
18 | that is used for recreational or educational purposes; provided | ||||||
19 | that if any portion a roadway is within that radius, the safety | ||||||
20 | zone also shall include the roadway extended to the furthest | ||||||
21 | portion of the next furthest intersection. The term "safety | ||||||
22 | zone" does not include any portion of the roadway known as Lake | ||||||
23 | Shore Drive or any controlled access highway with 8 or more | ||||||
24 | lanes of traffic. | ||||||
25 | (b) A municipality that
produces a recorded image of a | ||||||
26 | motor vehicle's
violation of a provision of this Code or a |
| |||||||
| |||||||
1 | local ordinance must make the recorded images of a violation | ||||||
2 | accessible to the alleged violator by providing the alleged | ||||||
3 | violator with a website address, accessible through the | ||||||
4 | Internet. | ||||||
5 | (c) Notwithstanding any penalties for any other violations | ||||||
6 | of this Code, the owner of a motor vehicle used in a traffic | ||||||
7 | violation recorded by an automated speed enforcement system | ||||||
8 | shall be subject to a civil penalty not exceeding $100 for each | ||||||
9 | violation, plus an additional penalty of not more than $100 for | ||||||
10 | failure to pay the original penalty in a timely manner, unless | ||||||
11 | the driver of the motor vehicle received a Uniform Traffic | ||||||
12 | Citation from a police officer for a speeding violation | ||||||
13 | occurring within one-eighth of a mile and 15 minutes of the | ||||||
14 | violation that was recorded by the system. A violation for | ||||||
15 | which a civil penalty is imposed
under this Section is not a | ||||||
16 | violation of a traffic regulation governing
the movement of | ||||||
17 | vehicles and may not be recorded on the driving record
of the | ||||||
18 | owner of the vehicle. A law enforcement officer is not required | ||||||
19 | to be present or to witness the violation. | ||||||
20 | (d) The net proceeds that a municipality receives from | ||||||
21 | civil penalties imposed under an automated speed enforcement | ||||||
22 | system, after deducting all non-personnel and personnel costs | ||||||
23 | associated with the operation and maintenance of such system, | ||||||
24 | shall be expended or obligated by the municipality for the | ||||||
25 | following purposes: | ||||||
26 | (i) public safety initiatives to ensure safe passage |
| |||||||
| |||||||
1 | around schools, and to provide police protection and | ||||||
2 | surveillance around schools and parks, including but not | ||||||
3 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
4 | costs such as construction and maintenance of public safety | ||||||
5 | infrastructure and equipment; | ||||||
6 | (ii) initiatives to improve pedestrian and traffic | ||||||
7 | safety; and | ||||||
8 | (iii) construction and maintenance of infrastructure | ||||||
9 | within the municipality, including but not limited to roads | ||||||
10 | and bridges. | ||||||
11 | (e) For each violation of a provision of this Code or a | ||||||
12 | local ordinance
recorded by an automated speed enforcement | ||||||
13 | system, the municipality having
jurisdiction shall issue a | ||||||
14 | written notice of the
violation to the registered owner of the | ||||||
15 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
16 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
17 | after the Secretary of State notifies the municipality of the | ||||||
18 | identity of the owner of the vehicle, but in no event later | ||||||
19 | than 90 days after the violation. | ||||||
20 | (f) The notice required under subsection (e) of this | ||||||
21 | Section shall include: | ||||||
22 | (1) the name and address of the registered owner of the
| ||||||
23 | vehicle; | ||||||
24 | (2) the registration number of the motor vehicle
| ||||||
25 | involved in the violation; | ||||||
26 | (3) the violation charged; |
| |||||||
| |||||||
1 | (4) the date, time, and location where the violation | ||||||
2 | occurred; | ||||||
3 | (5) a copy of the recorded image or images; | ||||||
4 | (6) the amount of the civil penalty imposed and the | ||||||
5 | date
by which the civil penalty should be paid; | ||||||
6 | (7) a statement that recorded images are evidence of a
| ||||||
7 | violation of a speed restriction; | ||||||
8 | (8) a warning that failure to pay the civil penalty or | ||||||
9 | to
contest liability in a timely manner is an admission of
| ||||||
10 | liability and may result in a suspension of the driving
| ||||||
11 | privileges of the registered owner of the vehicle; | ||||||
12 | (9) a statement that the person may elect to proceed | ||||||
13 | by: | ||||||
14 | (A) paying the fine; or | ||||||
15 | (B) challenging the charge in court, by mail, or by | ||||||
16 | administrative hearing; and | ||||||
17 | (10) a website address, accessible through the
| ||||||
18 | Internet, where the person may view the recorded images of | ||||||
19 | the violation. | ||||||
20 | (g) If a person
charged with a traffic violation, as a | ||||||
21 | result of an automated speed enforcement system, does not pay | ||||||
22 | the fine or successfully contest the civil
penalty resulting | ||||||
23 | from that violation, the Secretary of State shall suspend the
| ||||||
24 | driving privileges of the
registered owner of the vehicle under | ||||||
25 | Section 6-306.5 of this Code for failing
to pay any fine or | ||||||
26 | penalty
due and owing, or both, as a result of a combination of |
| |||||||
| |||||||
1 | 5 violations of the automated speed enforcement system or the | ||||||
2 | automated traffic law under Section 11-208.6 of this Code. | ||||||
3 | (h) Based on inspection of recorded images produced by an
| ||||||
4 | automated speed enforcement system, a notice alleging that the | ||||||
5 | violation occurred shall be evidence of the facts contained
in | ||||||
6 | the notice and admissible in any proceeding alleging a
| ||||||
7 | violation under this Section. | ||||||
8 | (i) Recorded images made by an automated speed
enforcement | ||||||
9 | system are confidential and shall be made
available only to the | ||||||
10 | alleged violator and governmental and
law enforcement agencies | ||||||
11 | for purposes of adjudicating a
violation of this Section, for | ||||||
12 | statistical purposes, or for other governmental purposes. Any | ||||||
13 | recorded image evidencing a
violation of this Section, however, | ||||||
14 | may be admissible in
any proceeding resulting from the issuance | ||||||
15 | of the citation. | ||||||
16 | (j) The court or hearing officer may consider in defense of | ||||||
17 | a violation: | ||||||
18 | (1) that the motor vehicle or registration plates of | ||||||
19 | the motor
vehicle were stolen before the violation occurred | ||||||
20 | and not
under the control or in the possession of the owner | ||||||
21 | at
the time of the violation; | ||||||
22 | (2) that the driver of the motor vehicle received a | ||||||
23 | Uniform Traffic Citation from a police officer for a | ||||||
24 | speeding violation occurring within one-eighth of a mile | ||||||
25 | and 15 minutes of the violation that was recorded by the | ||||||
26 | system; and |
| |||||||
| |||||||
1 | (3) any other evidence or issues provided by municipal | ||||||
2 | ordinance. | ||||||
3 | (k) To demonstrate that the motor vehicle or the | ||||||
4 | registration
plates were stolen before the violation occurred | ||||||
5 | and were not under the
control or possession of the owner at | ||||||
6 | the time of the violation, the
owner must submit proof that a | ||||||
7 | report concerning the stolen
motor vehicle or registration | ||||||
8 | plates was filed with a law enforcement agency in a timely | ||||||
9 | manner. | ||||||
10 | (l) A roadway equipped with an automated speed enforcement | ||||||
11 | system shall be posted with a sign conforming to the national | ||||||
12 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
13 | approaching traffic stating that vehicle speeds are being | ||||||
14 | photo-enforced and indicating the speed limit. The | ||||||
15 | municipality shall install such additional signage as it | ||||||
16 | determines is necessary to give reasonable notice to drivers as | ||||||
17 | to where automated speed enforcement systems are installed. | ||||||
18 | (m) A roadway where a new automated speed enforcement | ||||||
19 | system is installed shall be posted with signs providing 30 | ||||||
20 | days notice of the use of a new automated speed enforcement | ||||||
21 | system prior to the issuance of any citations through the | ||||||
22 | automated speed enforcement system. | ||||||
23 | (n) The compensation paid for an automated speed | ||||||
24 | enforcement system
must be based on the value of the equipment | ||||||
25 | or the services provided and may
not be based on the number of | ||||||
26 | traffic citations issued or the revenue generated
by the |
| |||||||
| |||||||
1 | system. | ||||||
2 | (o) A municipality shall make a certified report to the | ||||||
3 | Secretary of State pursuant to Section 6-306.5 of this Code | ||||||
4 | whenever a registered owner of a vehicle has failed to pay any
| ||||||
5 | fine or penalty due and owing as a result of a combination of 5 | ||||||
6 | offenses for automated speed or traffic law enforcement system | ||||||
7 | violations. | ||||||
8 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
9 | to a written lease agreement shall be liable for an automated | ||||||
10 | speed or traffic law enforcement system violation involving | ||||||
11 | such motor vehicle during the period of the lease; provided | ||||||
12 | that upon the request of the appropriate authority received | ||||||
13 | within 120 days after the violation occurred, the lessor | ||||||
14 | provides within 60 days after such receipt the name and address | ||||||
15 | of the lessee. The drivers license number of a lessee may be | ||||||
16 | subsequently individually requested by the appropriate | ||||||
17 | authority if needed for enforcement of this Section. | ||||||
18 | Upon the provision of information by the lessor pursuant to | ||||||
19 | this subsection, the municipality may issue the violation to | ||||||
20 | the lessee of the vehicle in the same manner as it would issue | ||||||
21 | a violation to a registered owner of a vehicle pursuant to this | ||||||
22 | Section, and the lessee may be held liable for the violation. | ||||||
23 | (q) A municipality using an automated speed enforcement | ||||||
24 | system must provide notice to drivers by publishing the | ||||||
25 | locations of all safety zones where system equipment is | ||||||
26 | installed on the website of the municipality. |
| |||||||
| |||||||
1 | (r) A municipality operating an automated speed | ||||||
2 | enforcement system shall conduct a statistical analysis to | ||||||
3 | assess the safety impact of the system. The statistical | ||||||
4 | analysis shall be based upon the best available crash, traffic, | ||||||
5 | and other data, and shall cover a period of time before and | ||||||
6 | after installation of the system sufficient to provide a | ||||||
7 | statistically valid comparison of safety impact. The | ||||||
8 | statistical analysis shall be consistent with professional | ||||||
9 | judgment and acceptable industry practice. The statistical | ||||||
10 | analysis also shall be consistent with the data required for | ||||||
11 | valid comparisons of before and after conditions and shall be | ||||||
12 | conducted within a reasonable period following the | ||||||
13 | installation of the automated traffic law enforcement system. | ||||||
14 | The statistical analysis required by this subsection shall be | ||||||
15 | made available to the public and shall be published on the | ||||||
16 | website of the municipality. | ||||||
17 | (s) This Section applies only to municipalities with a | ||||||
18 | population of 1,000,000 or more inhabitants. | ||||||
19 | (625 ILCS 5/11-612)
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20 | Sec. 11-612. Certain systems to record vehicle speeds | ||||||
21 | prohibited. Except as authorized in the Automated Traffic | ||||||
22 | Control Systems in Highway Construction or Maintenance Zones | ||||||
23 | Act and Section 11-208.8 of this Code , no photographic, video, | ||||||
24 | or other imaging system may be used in this State to record | ||||||
25 | vehicle speeds for the purpose of enforcing any law or |
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1 | ordinance regarding a maximum or minimum speed limit unless a | ||||||
2 | law enforcement officer is present at the scene and witnesses | ||||||
3 | the event. No State or local governmental entity, including a | ||||||
4 | home rule county or municipality, may use such a system in a | ||||||
5 | way that is prohibited by this Section. The regulation of the | ||||||
6 | use of such systems is an exclusive power and function of the | ||||||
7 | State. This Section is a denial and limitation of home rule | ||||||
8 | powers and functions under subsection (h) of Section 6 of | ||||||
9 | Article VII of the Illinois Constitution.
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10 | (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | ||||||
11 | 94-814, eff. 1-1-07.)
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12 | (625 ILCS 5/12-610.5)
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13 | Sec. 12-610.5. Registration plate covers.
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14 | (a) In this Section, "registration plate cover" means any | ||||||
15 | tinted, colored, painted, marked, clear, or illuminated object | ||||||
16 | that is designed to: | ||||||
17 | (1) cover any of the characters of a motor vehicle's | ||||||
18 | registration plate; or | ||||||
19 | (2) distort a recorded image of any of the characters | ||||||
20 | of a motor vehicle's registration plate recorded by an | ||||||
21 | automated traffic law
enforcement system as defined in | ||||||
22 | Section 11-208.6
of this Code or an automated speed | ||||||
23 | enforcement system as defined in Section 11-208.8 of this | ||||||
24 | Code, or recorded by an automated traffic control system as | ||||||
25 | defined in Section 15 of the Automated Traffic Control |
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1 | Systems in Highway Construction or Maintenance Zones Act.
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2 | (b) It shall be unlawful to operate any motor vehicle that | ||||||
3 | is equipped with
registration plate covers. | ||||||
4 | (c) A person may not sell or offer for sale a registration | ||||||
5 | plate cover. | ||||||
6 | (d) A person may not advertise for the purpose of promoting | ||||||
7 | the sale of registration plate covers.
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8 | (e) A violation of this Section or a similar provision of a | ||||||
9 | local ordinance
shall be an offense against laws and ordinances | ||||||
10 | regulating the movement of
traffic.
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11 | (Source: P.A. 96-328, eff. 8-11-09.)
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12 | Section 97. Severability. The provisions of this Act are | ||||||
13 | severable under Section 1.31 of the Statute on Statutes.
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14 | Section 99. Effective date. This Act takes effect July 1, | ||||||
15 | 2012.".
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