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Public Act 097-0672 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 6-306.5, 11-208, 11-208.3, 11-208.6, 11-612, and | ||||
12-610.5 and by adding Sections 1-105.1 and 11-208.8 as | ||||
follows: | ||||
(625 ILCS 5/1-105.1 new) | ||||
Sec. 1-105.1. Automated speed enforcement system | ||||
violation. A violation described in Section 11-208.8 of this | ||||
Code.
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(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||
parking,
compliance, automated speed enforcement system, or | ||||
automated traffic law violations; suspension of driving | ||||
privileges.
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(a) Upon receipt of
a certified report,
as prescribed by | ||||
subsection (c) of
this Section, from
any municipality or county | ||||
stating that the owner of a registered vehicle: (1) has failed
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to pay any fine or penalty due and owing as a result of 10 or | ||||
more violations
of a
municipality's or county's vehicular | ||||
standing, parking, or compliance
regulations established by
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ordinance pursuant to Section 11-208.3 of this Code, (2) has | ||
failed to pay any
fine or penalty due and owing as a result of 5 | ||
offenses for automated speed enforcement system violations or | ||
automated traffic
violations as defined in Sections
Section | ||
11-208.6 , 11-208.8, or 11-1201.1, or combination thereof, or | ||
(3) is more than 14 days in default of a payment plan pursuant | ||
to which a suspension had been terminated under subsection (c) | ||
of this Section, the Secretary of State
shall suspend the | ||
driving privileges of such person in accordance with the
| ||
procedures set forth in this Section.
The Secretary shall also | ||
suspend the driving privileges of an owner of a
registered | ||
vehicle upon receipt of a certified report, as prescribed by
| ||
subsection (f) of this Section, from any municipality or county | ||
stating that such
person has failed to satisfy any fines or | ||
penalties imposed by final judgments
for 5 or more automated | ||
speed enforcement system or automated traffic law violations , | ||
or combination thereof, or 10 or more violations of local | ||
standing, parking, or
compliance regulations after
exhaustion | ||
of judicial review procedures.
| ||
(b) Following receipt of the certified report of the | ||
municipality or county as
specified in this Section, the | ||
Secretary of State shall notify the person
whose name appears | ||
on the certified report that
the person's
drivers license will | ||
be suspended at the end of a specified period of time
unless | ||
the Secretary of State is presented with a notice from the
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municipality or county certifying that the fine or penalty due
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and owing the municipality or county has been paid or that | ||
inclusion of that
person's name on the certified report was in | ||
error. The Secretary's notice
shall state in substance the | ||
information
contained in the municipality's or county's | ||
certified report to the Secretary, and
shall be effective as | ||
specified by subsection (c) of Section 6-211 of this
Code.
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(c) The report of the appropriate municipal or county | ||
official notifying the
Secretary of State of unpaid fines or | ||
penalties pursuant to this Section
shall be certified and shall | ||
contain the following:
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(1) The name, last known address as recorded with the | ||
Secretary of State, as provided by the lessor of the cited | ||
vehicle at the time of lease, or as recorded in a United | ||
States Post Office approved database if any notice sent | ||
under Section 11-208.3 of this Code is returned as | ||
undeliverable, and drivers license number of the
person who | ||
failed to pay the fine or
penalty or who has defaulted in a | ||
payment plan and the registration number of any vehicle | ||
known to be registered
to such person in this State.
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(2) The name of the municipality or county making the | ||
report pursuant to this
Section.
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(3) A statement that the municipality or county sent a | ||
notice of impending
drivers license suspension as | ||
prescribed by ordinance enacted
pursuant to Section | ||
11-208.3 of this Code or a notice of default in a payment | ||
plan, to the person named in the report at the
address |
recorded with the Secretary of State or at the last address | ||
known to the lessor of the cited vehicle at the time of | ||
lease or, if any notice sent under Section 11-208.3 of this | ||
Code is returned as undeliverable, at the last known | ||
address recorded in a United States Post Office approved | ||
database; the date on which such
notice was sent; and the | ||
address to which such notice was sent.
In a municipality or | ||
county with a population of 1,000,000 or more, the report | ||
shall
also include a statement that the alleged violator's | ||
State vehicle registration
number and vehicle make, if | ||
specified on the automated speed enforcement system | ||
violation or automated traffic law violation notice, are | ||
correct as they appear on the citations. | ||
(4) A unique identifying reference number for each | ||
request of suspension sent whenever a person has failed to | ||
pay the fine or penalty or has defaulted on a payment plan.
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(d) Any municipality or county making a certified report to | ||
the Secretary of State
pursuant to this Section
shall notify | ||
the Secretary of State, in a form prescribed by the
Secretary, | ||
whenever a person named in the certified report has paid the
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previously reported fine or penalty, whenever a person named in | ||
the certified report has entered into a payment plan pursuant | ||
to which the municipality or county has agreed to terminate the | ||
suspension, or whenever the municipality or county determines
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that the original report was in error. A certified copy of such
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notification shall also be given upon request and at no |
additional charge
to the person named therein. Upon receipt of | ||
the municipality's or county's
notification or presentation of | ||
a certified copy of such notification, the
Secretary of State | ||
shall terminate the suspension.
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(e) Any municipality or county making a certified report to | ||
the Secretary of State
pursuant to this Section
shall also by | ||
ordinance establish procedures for persons to
challenge the | ||
accuracy of the certified report. The ordinance shall also
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state the grounds for such a challenge, which may be limited to | ||
(1) the
person not having been the owner or lessee of the | ||
vehicle or vehicles
receiving 10 or more standing, parking, or | ||
compliance
violation notices or a combination of 5 or more | ||
automated speed enforcement system or automated traffic law | ||
violations on the date or dates such notices were issued; and | ||
(2) the
person
having already paid the fine or penalty for the | ||
10 or more standing, parking, or compliance violations or | ||
combination of 5 or more automated speed enforcement system or | ||
automated traffic law violations
indicated on the certified | ||
report.
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(f) Any municipality or county, other than a municipality | ||
or county establishing vehicular
standing, parking, and | ||
compliance regulations pursuant to
Section 11-208.3 , automated | ||
speed enforcement system regulations under Section 11-208.8, | ||
or automated traffic law regulations under Section 11-208.6 or | ||
11-1201.1, may also
cause a suspension of a person's drivers | ||
license pursuant to this Section.
Such municipality or county |
may invoke this sanction by making a certified report to
the | ||
Secretary of State upon a person's failure to satisfy any fine | ||
or
penalty imposed by final judgment for 10 or more violations | ||
of local
standing, parking, or compliance regulations or a | ||
combination of 5 or more automated speed enforcement system or | ||
automated traffic law violations after exhaustion
of judicial | ||
review
procedures, but only if:
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(1) the municipality or county complies with the | ||
provisions of this Section in all
respects except in regard | ||
to enacting an ordinance pursuant to Section
11-208.3;
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(2) the municipality or county has sent a notice of | ||
impending
drivers license suspension as prescribed by an | ||
ordinance enacted pursuant to
subsection (g) of this | ||
Section; and
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(3) in municipalities or counties with a population of | ||
1,000,000 or more, the
municipality or county
has verified | ||
that the alleged violator's State vehicle registration | ||
number and
vehicle make are correct as they appear on the | ||
citations.
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(g) Any municipality or county, other than a municipality | ||
or county establishing
standing, parking, and compliance | ||
regulations pursuant to
Section 11-208.3 , automated speed | ||
enforcement system regulations under Section 11-208.8, or | ||
automated traffic law regulations under Section 11-208.6 or | ||
11-1201.1, may provide by
ordinance for the sending of a notice | ||
of impending
drivers license suspension to the person who has |
failed to satisfy any fine
or penalty imposed by final judgment | ||
for 10 or more violations of local
standing, parking, or | ||
compliance regulations or a combination of 5 or more automated | ||
speed enforcement system or automated traffic law violations | ||
after exhaustion
of
judicial review
procedures. An ordinance so | ||
providing shall specify that the notice
sent to the person | ||
liable for any fine or penalty
shall state that failure to pay | ||
the fine or
penalty owing within 45 days of the notice's date | ||
will result in the
municipality or county notifying the | ||
Secretary of State that
the person's drivers license is | ||
eligible for suspension pursuant to this
Section.
The notice of | ||
impending drivers license suspension
shall be sent by first | ||
class United States mail, postage prepaid, to the
address
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recorded with the Secretary of State or at the last address | ||
known to the lessor of the cited vehicle at the time of lease | ||
or, if any notice sent under Section 11-208.3 of this Code is | ||
returned as undeliverable, to the last known address recorded | ||
in a United States Post Office approved database.
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(h) An administrative hearing to contest an impending | ||
suspension or a
suspension made pursuant to this Section may be | ||
had upon filing a written
request with the Secretary of State. | ||
The filing fee for this hearing shall
be $20, to be paid at the | ||
time the request is made.
A municipality or county which files | ||
a certified report with the Secretary of
State pursuant to this | ||
Section shall reimburse the Secretary for all
reasonable costs | ||
incurred by the Secretary as a result of the filing of the
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report, including but not limited to the costs of providing the | ||
notice
required pursuant to subsection (b) and the costs | ||
incurred by the Secretary
in any hearing conducted with respect | ||
to the report pursuant to this
subsection and any appeal from | ||
such a hearing.
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(i) The provisions of this Section shall apply on and after | ||
January 1, 1988.
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(j) For purposes of this Section, the term "compliance | ||
violation" is
defined as in Section 11-208.3.
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(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10; | ||
96-1386, eff. 7-29-10; 97-333, eff. 8-12-11.)
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(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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Sec. 11-208. Powers of local authorities.
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(a) The provisions of this Code shall not be deemed to | ||
prevent
local authorities with respect to streets and highways | ||
under their
jurisdiction and within the reasonable exercise of | ||
the police power from:
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1. Regulating the standing or parking of vehicles, | ||
except as
limited by Sections 11-1306 and 11-1307 of this | ||
Act;
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2. Regulating traffic by means of police officers or | ||
traffic control
signals;
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3. Regulating or prohibiting processions or | ||
assemblages on the highways;
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4. Designating particular highways as one-way highways |
and requiring that
all vehicles thereon be moved in one | ||
specific direction;
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5. Regulating the speed of vehicles in public parks | ||
subject to the
limitations set forth in Section 11-604;
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6. Designating any highway as a through highway, as | ||
authorized in Section
11-302, and requiring that all | ||
vehicles stop before entering or crossing
the same or | ||
designating any intersection as a stop intersection or a | ||
yield
right-of-way intersection and requiring all vehicles | ||
to stop or yield the
right-of-way at one or more entrances | ||
to such intersections;
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7. Restricting the use of highways as authorized in | ||
Chapter 15;
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8. Regulating the operation of bicycles and requiring | ||
the
registration and licensing of same, including the | ||
requirement of a
registration fee;
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9. Regulating or prohibiting the turning of vehicles or | ||
specified
types of vehicles at intersections;
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10. Altering the speed limits as authorized in Section | ||
11-604;
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11. Prohibiting U-turns;
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12. Prohibiting pedestrian crossings at other than | ||
designated and marked
crosswalks or at intersections;
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13. Prohibiting parking during snow removal operation;
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14. Imposing fines in accordance with Section | ||
11-1301.3 as penalties
for use of any parking place |
reserved for persons with disabilities, as defined
by | ||
Section 1-159.1, or disabled veterans by any person using a | ||
motor
vehicle not bearing registration plates specified in | ||
Section 11-1301.1
or a special decal or device as defined | ||
in Section 11-1301.2
as evidence that the vehicle is | ||
operated by or for a person
with disabilities or disabled | ||
veteran;
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15. Adopting such other traffic regulations as are | ||
specifically
authorized by this Code; or
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16. Enforcing the provisions of subsection (f) of | ||
Section 3-413 of this
Code or a similar local ordinance.
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(b) No ordinance or regulation enacted under subsections 1, | ||
4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||
until signs giving
reasonable notice of such local traffic | ||
regulations are posted.
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(c) The provisions of this Code shall not prevent any
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municipality having a population of 500,000 or more inhabitants | ||
from
prohibiting any person from driving or operating any motor | ||
vehicle upon
the roadways of such municipality with headlamps | ||
on high beam or bright.
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(d) The provisions of this Code shall not be deemed to | ||
prevent local
authorities within the reasonable exercise of | ||
their police power from
prohibiting, on private property, the | ||
unauthorized use of parking spaces
reserved for persons with | ||
disabilities.
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(e) No unit of local government, including a home rule |
unit, may enact or
enforce an ordinance that applies only to | ||
motorcycles if the principal purpose
for that ordinance is to | ||
restrict the access of motorcycles to any highway or
portion of | ||
a highway for which federal or State funds have been used for | ||
the
planning, design, construction, or maintenance of that | ||
highway. No unit of
local government, including a home rule | ||
unit, may enact an ordinance requiring
motorcycle users to wear | ||
protective headgear. Nothing in this subsection
(e) shall | ||
affect the authority of a unit of local government to regulate
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motorcycles for traffic control purposes or in accordance with | ||
Section 12-602
of this Code. No unit of local government, | ||
including a home rule unit, may
regulate motorcycles in a | ||
manner inconsistent with this Code. This subsection
(e) is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the
Illinois Constitution on the concurrent exercise by home | ||
rule units of powers
and functions exercised by the State.
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(f) A municipality or county designated in Section 11-208.6 | ||
may enact an ordinance providing for an
automated traffic law | ||
enforcement system to enforce violations of this Code or
a | ||
similar provision of a local ordinance and imposing liability | ||
on a registered owner or lessee of a vehicle used in such a | ||
violation.
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(g) A municipality or county, as provided in Section | ||
11-1201.1, may enact an ordinance providing for an automated | ||
traffic law enforcement system to enforce violations of Section | ||
11-1201 of this Code or a similar provision of a local |
ordinance and imposing liability on a registered owner of a | ||
vehicle used in such a violation.
| ||
(h) A municipality designated in Section 11-208.8 may enact | ||
an ordinance providing for an
automated speed enforcement | ||
system to enforce violations of Article VI of Chapter 11 of | ||
this Code or a similar provision of a local ordinance. | ||
(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29, | ||
eff. 1-1-12.)
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(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||
Sec. 11-208.3. Administrative adjudication of violations | ||
of traffic
regulations concerning the standing, parking, or | ||
condition of
vehicles , and automated traffic law violations , | ||
and automated speed enforcement system violations .
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(a) Any municipality or county may provide by ordinance for | ||
a system of
administrative adjudication of vehicular standing | ||
and parking violations and
vehicle compliance violations as | ||
described in this subsection , and automated traffic law | ||
violations as defined in Section 11-208.6 or 11-1201.1 , and | ||
automated speed enforcement system violations as defined in | ||
Section 11-208.8 .
The administrative system shall have as its | ||
purpose the fair and
efficient enforcement of municipal or | ||
county regulations through the
administrative adjudication of | ||
automated speed enforcement system or automated traffic law | ||
violations and violations of municipal or county ordinances
| ||
regulating the standing and parking of vehicles, the condition |
and use of
vehicle equipment, and the display of municipal or | ||
county wheel tax licenses within the
municipality's
or county's | ||
borders. The administrative system shall only have authority to | ||
adjudicate
civil offenses carrying fines not in excess of $500 | ||
or requiring the completion of a traffic education program, or | ||
both, that occur after the
effective date of the ordinance | ||
adopting such a system under this Section.
For purposes of this | ||
Section, "compliance violation" means a violation of a
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municipal or county regulation governing the condition or use | ||
of equipment on a vehicle
or governing the display of a | ||
municipal or county wheel tax license.
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(b) Any ordinance establishing a system of administrative | ||
adjudication
under this Section shall provide for:
| ||
(1) A traffic compliance administrator authorized to
| ||
adopt, distribute and
process parking, compliance, and | ||
automated speed enforcement system or automated traffic | ||
law violation notices and other notices required
by this
| ||
Section, collect money paid as fines and penalties for | ||
violation of parking
and compliance
ordinances and | ||
automated speed enforcement system or automated traffic | ||
law violations, and operate an administrative adjudication | ||
system. The traffic
compliance
administrator also may make | ||
a certified report to the Secretary of State
under Section | ||
6-306.5.
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(2) A parking, standing, compliance, automated speed | ||
enforcement system, or automated traffic law violation |
notice
that
shall specify the date,
time, and place of | ||
violation of a parking, standing,
compliance, automated | ||
speed enforcement system, or automated traffic law
| ||
regulation; the particular regulation
violated; any | ||
requirement to complete a traffic education program; the | ||
fine and any penalty that may be assessed for late payment | ||
or failure to complete a required traffic education | ||
program, or both,
when so provided by ordinance; the | ||
vehicle make and state registration
number; and the | ||
identification number of the
person issuing the notice.
| ||
With regard to automated speed enforcement system or | ||
automated traffic law violations, vehicle make shall be | ||
specified on the automated speed enforcement system or | ||
automated traffic law violation notice if the make is | ||
available and readily discernible. With regard to | ||
municipalities or counties with a population of 1 million | ||
or more, it
shall be grounds for
dismissal of a parking
| ||
violation if the state registration number or vehicle make | ||
specified is
incorrect. The violation notice shall state | ||
that the completion of any required traffic education | ||
program, the payment of any indicated
fine, and the payment | ||
of any applicable penalty for late payment or failure to | ||
complete a required traffic education program, or both, | ||
shall operate as a
final disposition of the violation. The | ||
notice also shall contain
information as to the | ||
availability of a hearing in which the violation may
be |
contested on its merits. The violation notice shall specify | ||
the
time and manner in which a hearing may be had.
| ||
(3) Service of the parking, standing, or compliance
| ||
violation notice by affixing the
original or a facsimile of | ||
the notice to an unlawfully parked vehicle or by
handing | ||
the notice to the operator of a vehicle if he or she is
| ||
present and service of an automated speed enforcement | ||
system or automated traffic law violation notice by mail to | ||
the
address
of the registered owner or lessee of the cited | ||
vehicle as recorded with the Secretary of
State or the | ||
lessor of the motor vehicle within 30 days after the | ||
Secretary of State or the lessor of the motor vehicle | ||
notifies the municipality or county of the identity of the | ||
owner or lessee of the vehicle, but not later than 90 days | ||
after the violation, except that in the case of a lessee of | ||
a motor vehicle, service of an automated traffic law | ||
violation notice may occur no later than 210 days after the | ||
violation. A person authorized by ordinance to issue and | ||
serve parking,
standing, and compliance
violation notices | ||
shall certify as to the correctness of the facts entered
on | ||
the violation notice by signing his or her name to the | ||
notice at
the time of service or in the case of a notice | ||
produced by a computerized
device, by signing a single | ||
certificate to be kept by the traffic
compliance
| ||
administrator attesting to the correctness of all notices | ||
produced by the
device while it was under his or her |
control. In the case of an automated traffic law violation, | ||
the ordinance shall
require
a
determination by a technician | ||
employed or contracted by the municipality or county that,
| ||
based on inspection of recorded images, the motor vehicle | ||
was being operated in
violation of Section 11-208.6 or | ||
11-1201.1 or a local ordinance.
If the technician | ||
determines that the
vehicle entered the intersection as | ||
part of a funeral procession or in order to
yield the | ||
right-of-way to an emergency vehicle, a citation shall not | ||
be issued. In municipalities with a population of less than | ||
1,000,000 inhabitants and counties with a population of | ||
less than 3,000,000 inhabitants, the automated traffic law | ||
ordinance shall require that all determinations by a | ||
technician that a motor vehicle was being operated in
| ||
violation of Section 11-208.6 or 11-1201.1 or a local | ||
ordinance must be reviewed and approved by a law | ||
enforcement officer or retired law enforcement officer of | ||
the municipality or county issuing the violation. In | ||
municipalities with a population of 1,000,000 or more | ||
inhabitants and counties with a population of 3,000,000 or | ||
more inhabitants, the automated traffic law ordinance | ||
shall require that all determinations by a technician that | ||
a motor vehicle was being operated in
violation of Section | ||
11-208.6 or 11-1201.1 or a local ordinance must be reviewed | ||
and approved by a law enforcement officer or retired law | ||
enforcement officer of the municipality or county issuing |
the violation or by an additional fully-trained reviewing | ||
technician who is not employed by the contractor who | ||
employs the technician who made the initial determination. | ||
In the case of an automated speed enforcement system | ||
violation, the ordinance shall require a determination by a | ||
technician employed by the municipality, based upon an | ||
inspection of recorded images, video or other | ||
documentation, including documentation of the speed limit | ||
and automated speed enforcement signage, and documentation | ||
of the inspection, calibration, and certification of the | ||
speed equipment, that the vehicle was being operated in | ||
violation of Article VI of Chapter 11 of this Code or a | ||
similar local ordinance. If the technician determines that | ||
the vehicle speed was not determined by a calibrated, | ||
certified speed equipment device based upon the speed | ||
equipment documentation, or if the vehicle was an emergency | ||
vehicle, a citation may not be issued. The automated speed | ||
enforcement ordinance shall require that all | ||
determinations by a technician that a violation occurred be | ||
reviewed and approved by a law enforcement officer or | ||
retired law enforcement officer of the municipality | ||
issuing the violation or by an additional fully trained | ||
reviewing technician who is not employed by the contractor | ||
who employs the technician who made the initial | ||
determination. Routine and independent calibration of the | ||
speeds produced by automated speed enforcement systems and |
equipment shall be conducted by a qualified technician. | ||
Speeds produced by an automated speed enforcement system | ||
shall be compared with speeds produced by lidar or other | ||
independent equipment. Qualified technicians shall test | ||
radar or lidar equipment no less frequently than once each | ||
week, and shall test loop based equipment no less | ||
frequently than once a year. Radar equipment shall be | ||
checked for accuracy by a qualified technician when the | ||
unit is serviced, when unusual or suspect readings persist, | ||
or when deemed necessary by a reviewing technician. Radar | ||
equipment shall be checked with certified tuning forks, the | ||
internal circuit test, and diode display test whenever the | ||
radar is turned on. Technicians must be alert for any | ||
unusual or suspect readings, and if unusual or suspect | ||
readings of a radar unit persist, that unit shall | ||
immediately be removed from service and not returned to | ||
service until it has been checked by a qualified technician | ||
and determined to be functioning properly. Documentation | ||
of the calibration results, including the equipment | ||
tested, test date, technician performing the test, and test | ||
results, shall be maintained and available for use in the | ||
determination of an automated speed enforcement system | ||
violation and issuance of a citation. The technician | ||
performing the calibration and testing of the automated | ||
speed enforcement equipment shall be trained and certified | ||
in the use of equipment for speed enforcement purposes. |
Training on the speed enforcement equipment may be | ||
conducted by law enforcement, civilian, or manufacturer's | ||
personnel and shall be equivalent to the equipment use and | ||
operations training included in the Speed Measuring Device | ||
Operator Program developed by the National Highway Traffic | ||
Safety Administration (NHTSA). The technician who performs | ||
the work shall keep accurate records on each piece of | ||
equipment the technician calibrates and tests. As used in | ||
this paragraph, "fully-trained reviewing technician" means | ||
a person who has received at least 40 hours of supervised | ||
training in subjects which shall include image inspection | ||
and interpretation, the elements necessary to prove a | ||
violation, license plate identification, and traffic | ||
safety and management. In all municipalities and counties, | ||
the automated speed enforcement system or automated | ||
traffic law ordinance shall require that no additional fee | ||
shall be charged to the alleged violator for exercising his | ||
or her right to an administrative hearing, and persons | ||
shall be given at least 25 days following an administrative | ||
hearing to pay any civil penalty imposed by a finding that | ||
Section 11-208.6 , 11-208.8, or 11-1201.1 or a similar local | ||
ordinance has been violated. The original or a
facsimile of | ||
the violation notice or, in the case of a notice produced | ||
by a
computerized device, a printed record generated by the | ||
device showing the facts
entered on the notice, shall be | ||
retained by the
traffic compliance
administrator, and |
shall be a record kept in the ordinary course of
business. | ||
A parking, standing, compliance, automated speed | ||
enforcement system, or automated traffic law violation | ||
notice issued,
signed and served in
accordance with this | ||
Section, a copy of the notice, or the computer
generated | ||
record shall be prima facie
correct and shall be prima | ||
facie evidence of the correctness of the facts
shown on the | ||
notice. The notice, copy, or computer generated
record | ||
shall be admissible in any
subsequent administrative or | ||
legal proceedings.
| ||
(4) An opportunity for a hearing for the registered | ||
owner of the
vehicle cited in the parking, standing, | ||
compliance, automated speed enforcement system, or | ||
automated traffic law violation notice in
which the owner | ||
may
contest the merits of the alleged violation, and during | ||
which formal or
technical rules of evidence shall not | ||
apply; provided, however, that under
Section 11-1306 of | ||
this Code the lessee of a vehicle cited in the
violation | ||
notice likewise shall be provided an opportunity for a | ||
hearing of
the same kind afforded the registered owner. The | ||
hearings shall be
recorded, and the person conducting the | ||
hearing on behalf of the traffic
compliance
administrator | ||
shall be empowered to administer oaths and to secure by
| ||
subpoena both the attendance and testimony of witnesses and | ||
the production
of relevant books and papers. Persons | ||
appearing at a hearing under this
Section may be |
represented by counsel at their expense. The ordinance may
| ||
also provide for internal administrative review following | ||
the decision of
the hearing officer.
| ||
(5) Service of additional notices, sent by first class | ||
United States
mail, postage prepaid, to the address of the | ||
registered owner of the cited
vehicle as recorded with the | ||
Secretary of State or, if any notice to that address is | ||
returned as undeliverable, to the last known address | ||
recorded in a United States Post Office approved database,
| ||
or, under Section 11-1306
or subsection (p) of Section | ||
11-208.6 , or subsection (p) of Section 11-208.8 of this | ||
Code, to the lessee of the cited vehicle at the last | ||
address known
to the lessor of the cited vehicle at the | ||
time of lease or, if any notice to that address is returned | ||
as undeliverable, to the last known address recorded in a | ||
United States Post Office approved database.
The service | ||
shall
be deemed complete as of the date of deposit in the | ||
United States mail.
The notices shall be in the following | ||
sequence and shall include but not be
limited to the | ||
information specified herein:
| ||
(i) A second notice of parking, standing, or | ||
compliance violation. This notice shall specify the
| ||
date and location of the violation cited in the | ||
parking,
standing,
or compliance violation
notice, the | ||
particular regulation violated, the vehicle
make and | ||
state registration number, any requirement to complete |
a traffic education program, the fine and any penalty | ||
that may be
assessed for late payment or failure to | ||
complete a traffic education program, or both, when so | ||
provided by ordinance, the availability
of a hearing in | ||
which the violation may be contested on its merits, and | ||
the
time and manner in which the hearing may be had. | ||
The notice of violation
shall also state that failure | ||
to complete a required traffic education program, to | ||
pay the indicated fine and any
applicable penalty, or | ||
to appear at a hearing on the merits in the time and
| ||
manner specified, will result in a final determination | ||
of violation
liability for the cited violation in the | ||
amount of the fine or penalty
indicated, and that, upon | ||
the occurrence of a final determination of violation | ||
liability for the failure, and the exhaustion of, or
| ||
failure to exhaust, available administrative or | ||
judicial procedures for
review, any incomplete traffic | ||
education program or any unpaid fine or penalty, or | ||
both, will constitute a debt due and owing
the | ||
municipality or county.
| ||
(ii) A notice of final determination of parking, | ||
standing,
compliance, automated speed enforcement | ||
system, or automated traffic law violation liability.
| ||
This notice shall be sent following a final | ||
determination of parking,
standing, compliance, | ||
automated speed enforcement system, or automated |
traffic law
violation liability and the conclusion of | ||
judicial review procedures taken
under this Section. | ||
The notice shall state that the incomplete traffic | ||
education program or the unpaid fine or
penalty, or | ||
both, is a debt due and owing the municipality or | ||
county. The notice shall contain
warnings that failure | ||
to complete any required traffic education program or | ||
to pay any fine or penalty due and owing the
| ||
municipality or county, or both, within the time | ||
specified may result in the municipality's
or county's | ||
filing of a petition in the Circuit Court to have the | ||
incomplete traffic education program or unpaid
fine or | ||
penalty, or both, rendered a judgment as provided by | ||
this Section, or may
result in suspension of the | ||
person's drivers license for failure to complete a | ||
traffic education program or to pay
fines or penalties, | ||
or both, for 10 or more parking violations under | ||
Section 6-306.5 , or a combination of 5 or more | ||
automated traffic law violations under Section | ||
11-208.6 or automated speed enforcement system | ||
violations under Section 11-208.8 .
| ||
(6) A notice of impending drivers license suspension. | ||
This
notice shall be sent to the person liable for failure | ||
to complete a required traffic education program or to pay | ||
any fine or penalty that
remains due and owing, or both, on | ||
10 or more parking
violations or combination of 5 or more |
unpaid automated speed enforcement system or automated | ||
traffic law violations. The notice
shall state that failure | ||
to complete a required traffic education program or to pay | ||
the fine or penalty owing, or both, within 45 days of
the | ||
notice's date will result in the municipality or county | ||
notifying the Secretary
of State that the person is | ||
eligible for initiation of suspension
proceedings under | ||
Section 6-306.5 of this Code. The notice shall also state
| ||
that the person may obtain a photostatic copy of an | ||
original ticket imposing a
fine or penalty by sending a | ||
self addressed, stamped envelope to the
municipality or | ||
county along with a request for the photostatic copy.
The | ||
notice of impending
drivers license suspension shall be | ||
sent by first class United States mail,
postage prepaid, to | ||
the address recorded with the Secretary of State or, if any | ||
notice to that address is returned as undeliverable, to the | ||
last known address recorded in a United States Post Office | ||
approved database.
| ||
(7) Final determinations of violation liability. A | ||
final
determination of violation liability shall occur | ||
following failure to complete the required traffic | ||
education program or
to pay the fine or penalty, or both, | ||
after a hearing officer's determination of violation | ||
liability and the exhaustion of or failure to exhaust any
| ||
administrative review procedures provided by ordinance. | ||
Where a person
fails to appear at a hearing to contest the |
alleged violation in the time
and manner specified in a | ||
prior mailed notice, the hearing officer's
determination | ||
of violation liability shall become final: (A) upon
denial | ||
of a timely petition to set aside that determination, or | ||
(B) upon
expiration of the period for filing the petition | ||
without a
filing having been made.
| ||
(8) A petition to set aside a determination of parking, | ||
standing,
compliance, automated speed enforcement system, | ||
or automated traffic law violation
liability that may be | ||
filed by a person owing an unpaid fine or penalty. A | ||
petition to set aside a determination of liability may also | ||
be filed by a person required to complete a traffic | ||
education program.
The petition shall be filed with and | ||
ruled upon by the traffic compliance
administrator in the | ||
manner and within the time specified by ordinance.
The | ||
grounds for the petition may be limited to: (A) the person | ||
not having
been the owner or lessee of the cited vehicle on | ||
the date the
violation notice was issued, (B) the person | ||
having already completed the required traffic education | ||
program or paid the fine or
penalty, or both, for the | ||
violation in question, and (C) excusable failure to
appear | ||
at or
request a new date for a hearing.
With regard to | ||
municipalities or counties with a population of 1 million | ||
or more, it
shall be grounds for
dismissal of a
parking | ||
violation if the state registration number, or vehicle make | ||
if specified, is
incorrect. After the determination of
|
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law violation liability has | ||
been set aside
upon a showing of just
cause, the registered | ||
owner shall be provided with a hearing on the merits
for | ||
that violation.
| ||
(9) Procedures for non-residents. Procedures by which | ||
persons who are
not residents of the municipality or county | ||
may contest the merits of the alleged
violation without | ||
attending a hearing.
| ||
(10) A schedule of civil fines for violations of | ||
vehicular standing,
parking, compliance, automated speed | ||
enforcement system, or automated traffic law regulations | ||
enacted by ordinance pursuant to this
Section, and a
| ||
schedule of penalties for late payment of the fines or | ||
failure to complete required traffic education programs, | ||
provided, however,
that the total amount of the fine and | ||
penalty for any one violation shall
not exceed $250, except | ||
as provided in subsection (c) of Section 11-1301.3 of this | ||
Code.
| ||
(11) Other provisions as are necessary and proper to | ||
carry into
effect the powers granted and purposes stated in | ||
this Section.
| ||
(c) Any municipality or county establishing vehicular | ||
standing, parking,
compliance, automated speed enforcement | ||
system, or automated traffic law
regulations under this Section | ||
may also provide by ordinance for a
program of vehicle |
immobilization for the purpose of facilitating
enforcement of | ||
those regulations. The program of vehicle
immobilization shall | ||
provide for immobilizing any eligible vehicle upon the
public | ||
way by presence of a restraint in a manner to prevent operation | ||
of
the vehicle. Any ordinance establishing a program of vehicle
| ||
immobilization under this Section shall provide:
| ||
(1) Criteria for the designation of vehicles eligible | ||
for
immobilization. A vehicle shall be eligible for | ||
immobilization when the
registered owner of the vehicle has | ||
accumulated the number of incomplete traffic education | ||
programs or unpaid final
determinations of parking, | ||
standing, compliance, automated speed enforcement system, | ||
or automated traffic law violation liability, or both, as
| ||
determined by ordinance.
| ||
(2) A notice of impending vehicle immobilization and a | ||
right to a
hearing to challenge the validity of the notice | ||
by disproving liability
for the incomplete traffic | ||
education programs or unpaid final determinations of | ||
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law
violation liability, or | ||
both, listed
on the notice.
| ||
(3) The right to a prompt hearing after a vehicle has | ||
been immobilized
or subsequently towed without the | ||
completion of the required traffic education program or | ||
payment of the outstanding fines and
penalties on parking, | ||
standing, compliance, automated speed enforcement system, |
or automated traffic law violations, or both, for which | ||
final
determinations have been
issued. An order issued | ||
after the hearing is a final administrative
decision within | ||
the meaning of Section 3-101 of the Code of Civil | ||
Procedure.
| ||
(4) A post immobilization and post-towing notice | ||
advising the registered
owner of the vehicle of the right | ||
to a hearing to challenge the validity
of the impoundment.
| ||
(d) Judicial review of final determinations of parking, | ||
standing,
compliance, automated speed enforcement system, or | ||
automated traffic law
violations and final administrative | ||
decisions issued after hearings
regarding vehicle | ||
immobilization and impoundment made
under this Section shall be | ||
subject to the provisions of
the Administrative Review Law.
| ||
(e) Any fine, penalty, incomplete traffic education | ||
program, or part of any fine or any penalty remaining
unpaid | ||
after the exhaustion of, or the failure to exhaust, | ||
administrative
remedies created under this Section and the | ||
conclusion of any judicial
review procedures shall be a debt | ||
due and owing the municipality or county and, as
such, may be | ||
collected in accordance with applicable law. Completion of any | ||
required traffic education program and payment in full
of any | ||
fine or penalty resulting from a standing, parking,
compliance, | ||
automated speed enforcement system, or automated traffic law | ||
violation shall
constitute a final disposition of that | ||
violation.
|
(f) After the expiration of the period within which | ||
judicial review may
be sought for a final determination of | ||
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law
violation, the municipality
or | ||
county may commence a proceeding in the Circuit Court for | ||
purposes of obtaining a
judgment on the final determination of | ||
violation. Nothing in this
Section shall prevent a municipality | ||
or county from consolidating multiple final
determinations of | ||
parking, standing, compliance, automated speed enforcement | ||
system, or automated traffic law violations against a
person in | ||
a proceeding.
Upon commencement of the action, the municipality | ||
or county shall file a certified
copy or record of the final | ||
determination of parking, standing, compliance, automated | ||
speed enforcement system, or automated traffic law
violation, | ||
which shall be
accompanied by a certification that recites | ||
facts sufficient to show that
the final determination of | ||
violation was
issued in accordance with this Section and the | ||
applicable municipal
or county ordinance. Service of the | ||
summons and a copy of the petition may be by
any method | ||
provided by Section 2-203 of the Code of Civil Procedure or by
| ||
certified mail, return receipt requested, provided that the | ||
total amount of
fines and penalties for final determinations of | ||
parking, standing,
compliance, automated speed enforcement | ||
system, or automated traffic law violations does not
exceed | ||
$2500. If the court is satisfied that the final determination | ||
of
parking, standing, compliance, automated speed enforcement |
system, or automated traffic law violation was entered in | ||
accordance with
the requirements of
this Section and the | ||
applicable municipal or county ordinance, and that the | ||
registered
owner or the lessee, as the case may be, had an | ||
opportunity for an
administrative hearing and for judicial | ||
review as provided in this Section,
the court shall render | ||
judgment in favor of the municipality or county and against
the | ||
registered owner or the lessee for the amount indicated in the | ||
final
determination of parking, standing, compliance, | ||
automated speed enforcement system, or automated traffic law | ||
violation, plus costs.
The judgment shall have
the same effect | ||
and may be enforced in the same manner as other judgments
for | ||
the recovery of money.
| ||
(g) The fee for participating in a traffic education | ||
program under this Section shall not exceed $25. | ||
A low-income individual required to complete a traffic | ||
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned | ||
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; | ||
96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | ||
7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11.)
|
(625 ILCS 5/11-208.6)
| ||
Sec. 11-208.6. Automated traffic law enforcement system.
| ||
(a) As used in this Section, "automated traffic law | ||
enforcement
system" means a device with one or more motor | ||
vehicle sensors working
in conjunction with a red light signal | ||
to produce recorded images of
motor vehicles entering an | ||
intersection against a red signal
indication in violation of | ||
Section 11-306 of this Code or a similar provision
of a local | ||
ordinance.
| ||
An
automated traffic law enforcement system is a system, in | ||
a municipality or
county operated by a
governmental agency, | ||
that
produces a recorded image of a motor vehicle's
violation | ||
of a provision of this Code or a local ordinance
and is | ||
designed to obtain a clear recorded image of the
vehicle and | ||
the vehicle's license plate. The recorded image must also
| ||
display the time, date, and location of the violation.
| ||
(b) As used in this Section, "recorded images" means images
| ||
recorded by an automated traffic law enforcement system on:
| ||
(1) 2 or more photographs;
| ||
(2) 2 or more microphotographs;
| ||
(3) 2 or more electronic images; or
| ||
(4) a video recording showing the motor vehicle and, on | ||
at
least one image or portion of the recording, clearly | ||
identifying the
registration plate number of the motor | ||
vehicle.
| ||
(b-5) A municipality or
county that
produces a recorded |
image of a motor vehicle's
violation of a provision of this | ||
Code or a local ordinance must make the recorded images of a | ||
violation accessible to the alleged violator by providing the | ||
alleged violator with a website address, accessible through the | ||
Internet. | ||
(c) Except as provided under Section 11-208.8 of this Code, | ||
a A county or municipality, including a home rule county or | ||
municipality, may not use an automated traffic law enforcement | ||
system to provide recorded images of a motor vehicle for the | ||
purpose of recording its speed. Except as provided under | ||
Section 11-208.8 of this Code, the The regulation of the use of | ||
automated traffic law enforcement systems to record vehicle | ||
speeds is an exclusive power and function of the State. This | ||
subsection (c) is a denial and limitation of home rule powers | ||
and functions under subsection (h) of Section 6 of Article VII | ||
of the Illinois Constitution.
| ||
(c-5) A county or municipality, including a home rule | ||
county or municipality, may not use an automated traffic law | ||
enforcement system to issue violations in instances where the | ||
motor vehicle comes to a complete stop and does not enter the | ||
intersection, as defined by Section 1-132 of this Code, during | ||
the cycle of the red signal indication unless one or more | ||
pedestrians or bicyclists are present, even if the motor | ||
vehicle stops at a point past a stop line or crosswalk where a | ||
driver is required to stop, as specified in subsection (c) of | ||
Section 11-306 of this Code or a similar provision of a local |
ordinance. | ||
(d) For each violation of a provision of this Code or a | ||
local ordinance
recorded by an automatic
traffic law | ||
enforcement system, the county or municipality having
| ||
jurisdiction shall issue a written notice of the
violation to | ||
the registered owner of the vehicle as the alleged
violator. | ||
The notice shall be delivered to the registered
owner of the | ||
vehicle, by mail, within 30 days after the Secretary of State | ||
notifies the municipality or county of the identity of the | ||
owner of the vehicle, but in no event later than 90 days after | ||
the violation.
| ||
The notice shall include:
| ||
(1) the name and address of the registered owner of the
| ||
vehicle;
| ||
(2) the registration number of the motor vehicle
| ||
involved in the violation;
| ||
(3) the violation charged;
| ||
(4) the location where the violation occurred;
| ||
(5) the date and time of the violation;
| ||
(6) a copy of the recorded images;
| ||
(7) the amount of the civil penalty imposed and the | ||
requirements of any traffic education program imposed and | ||
the date
by which the civil penalty should be paid and the | ||
traffic education program should be completed;
| ||
(8) a statement that recorded images are evidence of a
| ||
violation of a red light signal;
|
(9) a warning that failure to pay the civil penalty, to | ||
complete a required traffic education program, or to
| ||
contest liability in a timely manner is an admission of
| ||
liability and may result in a suspension of the driving
| ||
privileges of the registered owner of the vehicle;
| ||
(10) a statement that the person may elect to proceed | ||
by:
| ||
(A) paying the fine, completing a required traffic | ||
education program, or both; or
| ||
(B) challenging the charge in court, by mail, or by | ||
administrative hearing; and
| ||
(11) a website address, accessible through the | ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(e) If a person
charged with a traffic violation, as a | ||
result of an automated traffic law
enforcement system, does not | ||
pay the fine or complete a required traffic education program, | ||
or both, or successfully contest the civil
penalty resulting | ||
from that violation, the Secretary of State shall suspend the
| ||
driving privileges of the
registered owner of the vehicle under | ||
Section 6-306.5 of this Code for failing
to complete a required | ||
traffic education program or to pay any fine or penalty
due and | ||
owing, or both, as a result of a combination of 5 violations of | ||
the automated traffic law
enforcement system or the automated | ||
speed enforcement system under Section 11-208.8 of this Code .
| ||
(f) Based on inspection of recorded images produced by an
|
automated traffic law enforcement system, a notice alleging | ||
that the violation occurred shall be evidence of the facts | ||
contained
in the notice and admissible in any proceeding | ||
alleging a
violation under this Section.
| ||
(g) Recorded images made by an automatic traffic law
| ||
enforcement system are confidential and shall be made
available | ||
only to the alleged violator and governmental and
law | ||
enforcement agencies for purposes of adjudicating a
violation | ||
of this Section, for statistical purposes, or for other | ||
governmental purposes. Any recorded image evidencing a
| ||
violation of this Section, however, may be admissible in
any | ||
proceeding resulting from the issuance of the citation.
| ||
(h) The court or hearing officer may consider in defense of | ||
a violation:
| ||
(1) that the motor vehicle or registration plates of | ||
the motor
vehicle were stolen before the violation occurred | ||
and not
under the control of or in the possession of the | ||
owner at
the time of the violation;
| ||
(2) that the driver of the vehicle passed through the
| ||
intersection when the light was red either (i) in order to
| ||
yield the right-of-way to an emergency vehicle or (ii) as
| ||
part of a funeral procession; and
| ||
(3) any other evidence or issues provided by municipal | ||
or county ordinance.
| ||
(i) To demonstrate that the motor vehicle or the | ||
registration
plates were stolen before the violation occurred |
and were not under the
control or possession of the owner at | ||
the time of the violation, the
owner must submit proof that a | ||
report concerning the stolen
motor vehicle or registration | ||
plates was filed with a law enforcement agency in a timely | ||
manner.
| ||
(j) Unless the driver of the motor vehicle received a | ||
Uniform
Traffic Citation from a police officer at the time of | ||
the violation,
the motor vehicle owner is subject to a civil | ||
penalty not exceeding
$100 or the completion of a traffic | ||
education program, or both, plus an additional penalty of not | ||
more than $100 for failure to pay the original penalty or to | ||
complete a required traffic education program, or both, in a | ||
timely manner, if the motor vehicle is recorded by an automated | ||
traffic law
enforcement system. A violation for which a civil | ||
penalty is imposed
under this Section is not a violation of a | ||
traffic regulation governing
the movement of vehicles and may | ||
not be recorded on the driving record
of the owner of the | ||
vehicle.
| ||
(j-3) A registered owner who is a holder of a valid | ||
commercial driver's license is not required to complete a | ||
traffic education program. | ||
(j-5) For purposes of the required traffic education | ||
program only, a registered owner may submit an affidavit to the | ||
court or hearing officer swearing that at the time of the | ||
alleged violation, the vehicle was in the custody and control | ||
of another person. The affidavit must identify the person in |
custody and control of the vehicle, including the person's name | ||
and current address. The person in custody and control of the | ||
vehicle at the time of the violation is required to complete | ||
the required traffic education program. If the person in | ||
custody and control of the vehicle at the time of the violation | ||
completes the required traffic education program, the | ||
registered owner of the vehicle is not required to complete a | ||
traffic education program. | ||
(k) An intersection equipped with an automated traffic law
| ||
enforcement system must be posted with a sign visible to | ||
approaching traffic
indicating that the intersection is being | ||
monitored by an automated
traffic law enforcement system. | ||
(k-3) A municipality or
county that has one or more | ||
intersections equipped with an automated traffic law
| ||
enforcement system must provide notice to drivers by posting | ||
the locations of automated traffic law systems on the | ||
municipality or county website.
| ||
(k-5) An intersection equipped with an automated traffic | ||
law
enforcement system must have a yellow change interval that | ||
conforms with the Illinois Manual on Uniform Traffic Control | ||
Devices (IMUTCD) published by the Illinois Department of | ||
Transportation. | ||
(k-7) A municipality or county operating an automated | ||
traffic law enforcement system shall conduct a statistical | ||
analysis to assess the safety impact of each automated traffic | ||
law enforcement system at an intersection following |
installation of the system. The statistical analysis shall be | ||
based upon the best available crash, traffic, and other data, | ||
and shall cover a period of time before and after installation | ||
of the system sufficient to provide a statistically valid | ||
comparison of safety impact. The statistical analysis shall be | ||
consistent with professional judgment and acceptable industry | ||
practice. The statistical analysis also shall be consistent | ||
with the data required for valid comparisons of before and | ||
after conditions and shall be conducted within a reasonable | ||
period following the installation of the automated traffic law | ||
enforcement system. The statistical analysis required by this | ||
subsection (k-7) shall be made available to the public and | ||
shall be published on the website of the municipality or | ||
county. If the statistical analysis for the 36 month period | ||
following installation of the system indicates that there has | ||
been an increase in the rate of accidents at the approach to | ||
the intersection monitored by the system, the municipality or | ||
county shall undertake additional studies to determine the | ||
cause and severity of the accidents, and may take any action | ||
that it determines is necessary or appropriate to reduce the | ||
number or severity of the accidents at that intersection. | ||
(l) The compensation paid for an automated traffic law | ||
enforcement system
must be based on the value of the equipment | ||
or the services provided and may
not be based on the number of | ||
traffic citations issued or the revenue generated
by the | ||
system.
|
(m) This Section applies only to the counties of Cook, | ||
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||
to municipalities located within those counties.
| ||
(n) The fee for participating in a traffic education | ||
program under this Section shall not exceed $25. | ||
A low-income individual required to complete a traffic | ||
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned | ||
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(o) A municipality or county shall make a certified report | ||
to the Secretary of State pursuant to Section 6-306.5 of this | ||
Code whenever a registered owner of a vehicle has failed to pay | ||
any
fine or penalty due and owing as a result of a combination | ||
of 5 offenses for automated traffic
law or speed enforcement | ||
system violations. | ||
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated | ||
speed or traffic law enforcement system violation involving | ||
such motor vehicle during the period of the lease; provided | ||
that upon the request of the appropriate authority received | ||
within 120 days after the violation occurred, the lessor | ||
provides within 60 days after such receipt the name and address | ||
of the lessee. The drivers license number of a lessee may be |
subsequently individually requested by the appropriate | ||
authority if needed for enforcement of this Section. | ||
Upon the provision of information by the lessor pursuant to | ||
this subsection, the county or municipality may issue the | ||
violation to the lessee of the vehicle in the same manner as it | ||
would issue a violation to a registered owner of a vehicle | ||
pursuant to this Section, and the lessee may be held liable for | ||
the violation. | ||
(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11; | ||
97-29, eff. 1-1-12.) | ||
(625 ILCS 5/11-208.8 new) | ||
Sec. 11-208.8. Automated speed enforcement systems in | ||
safety zones. | ||
(a) As used in this Section: | ||
"Automated speed enforcement
system" means a photographic | ||
device, radar device, laser device, or other electrical or | ||
mechanical device or devices installed or utilized in a safety | ||
zone and designed to record the speed of a vehicle and obtain a | ||
clear photograph or other recorded image of the vehicle and the | ||
vehicle's registration plate while the driver is violating | ||
Article VI of Chapter 11 of this Code or a similar provision of | ||
a local ordinance. | ||
An automated speed enforcement system is a system, located | ||
in a safety zone which is under the jurisdiction of a | ||
municipality, that produces a recorded image of a motor |
vehicle's violation of a provision of this Code or a local | ||
ordinance and is designed to obtain a clear recorded image of | ||
the vehicle and the vehicle's license plate. The recorded image | ||
must also display the time, date, and location of the | ||
violation. | ||
"Owner" means the person or entity to whom the vehicle is | ||
registered. | ||
"Recorded image" means images
recorded by an automated | ||
speed enforcement system on: | ||
(1) 2 or more photographs; | ||
(2) 2 or more microphotographs; | ||
(3) 2 or more electronic images; or | ||
(4) a video recording showing the motor vehicle and, on | ||
at
least one image or portion of the recording, clearly | ||
identifying the
registration plate number of the motor | ||
vehicle. | ||
"Safety zone" means an area that is within one-eighth of a | ||
mile from the nearest property line of any public or private | ||
elementary or secondary school, or from the nearest property | ||
line of any facility, area, or land owned by a school district | ||
that is used for educational purposes approved by the Illinois | ||
State Board of Education, not including school district | ||
headquarters or administrative buildings. A safety zone also | ||
includes an area that is within one-eighth of a mile from the | ||
nearest property line of any facility, area, or land owned by a | ||
park district used for recreational purposes. However, if any |
portion of a roadway is within either one-eighth mile radius, | ||
the safety zone also shall include the roadway extended to the | ||
furthest portion of the next furthest intersection. The term | ||
"safety zone" does not include any portion of the roadway known | ||
as Lake Shore Drive or any controlled access highway with 8 or | ||
more lanes of traffic. | ||
(a-5) The automated speed enforcement system shall be | ||
operational and violations shall be recorded only at the | ||
following times: | ||
(i) if the safety zone is based upon the property line | ||
of any facility, area, or land owned by a school district, | ||
on school days no earlier than 6 a.m. and no later than 10 | ||
p.m.; and | ||
(ii) if the safety zone is based upon the property line | ||
of any facility, area, or land owned by a park district, no | ||
earlier than one hour prior to the time that the facility, | ||
area, or land is open to the public or other patrons, and | ||
no later than one hour after the facility, area, or land is | ||
closed to the public or other patrons. | ||
(b) A municipality that
produces a recorded image of a | ||
motor vehicle's
violation of a provision of this Code or a | ||
local ordinance must make the recorded images of a violation | ||
accessible to the alleged violator by providing the alleged | ||
violator with a website address, accessible through the | ||
Internet. | ||
(c) Notwithstanding any penalties for any other violations |
of this Code, the owner of a motor vehicle used in a traffic | ||
violation recorded by an automated speed enforcement system | ||
shall be subject to a civil penalty not exceeding $100 for each | ||
violation, plus an additional penalty of not more than $100 for | ||
failure to pay the original penalty in a timely manner, unless | ||
the driver of the motor vehicle received a Uniform Traffic | ||
Citation from a police officer for a speeding violation | ||
occurring within one-eighth of a mile and 15 minutes of the | ||
violation that was recorded by the system. A violation for | ||
which a civil penalty is imposed
under this Section is not a | ||
violation of a traffic regulation governing
the movement of | ||
vehicles and may not be recorded on the driving record
of the | ||
owner of the vehicle. A law enforcement officer is not required | ||
to be present or to witness the violation. No penalty may be | ||
imposed under this Section if the recorded speed of a vehicle | ||
is 5 miles per hour or less over the legal speed limit. The | ||
municipality may send, in the same manner that notices are sent | ||
under this Section, a speed violation warning notice where the | ||
violation involves a speed of 5 miles per hour or less above | ||
the legal speed limit. | ||
(d) The net proceeds that a municipality receives from | ||
civil penalties imposed under an automated speed enforcement | ||
system, after deducting all non-personnel and personnel costs | ||
associated with the operation and maintenance of such system, | ||
shall be expended or obligated by the municipality for the | ||
following purposes: |
(i) public safety initiatives to ensure safe passage | ||
around schools, and to provide police protection and | ||
surveillance around schools and parks, including but not | ||
limited to:
(1) personnel costs; and
(2) non-personnel | ||
costs such as construction and maintenance of public safety | ||
infrastructure and equipment; | ||
(ii) initiatives to improve pedestrian and traffic | ||
safety; and | ||
(iii) construction and maintenance of infrastructure | ||
within the municipality, including but not limited to roads | ||
and bridges. | ||
(e) For each violation of a provision of this Code or a | ||
local ordinance
recorded by an automated speed enforcement | ||
system, the municipality having
jurisdiction shall issue a | ||
written notice of the
violation to the registered owner of the | ||
vehicle as the alleged
violator. The notice shall be delivered | ||
to the registered
owner of the vehicle, by mail, within 30 days | ||
after the Secretary of State notifies the municipality of the | ||
identity of the owner of the vehicle, but in no event later | ||
than 90 days after the violation. | ||
(f) The notice required under subsection (e) of this | ||
Section shall include: | ||
(1) the name and address of the registered owner of the
| ||
vehicle; | ||
(2) the registration number of the motor vehicle
| ||
involved in the violation; |
(3) the violation charged; | ||
(4) the date, time, and location where the violation | ||
occurred; | ||
(5) a copy of the recorded image or images; | ||
(6) the amount of the civil penalty imposed and the | ||
date
by which the civil penalty should be paid; | ||
(7) a statement that recorded images are evidence of a
| ||
violation of a speed restriction; | ||
(8) a warning that failure to pay the civil penalty or | ||
to
contest liability in a timely manner is an admission of
| ||
liability and may result in a suspension of the driving
| ||
privileges of the registered owner of the vehicle; | ||
(9) a statement that the person may elect to proceed | ||
by: | ||
(A) paying the fine; or | ||
(B) challenging the charge in court, by mail, or by | ||
administrative hearing; and | ||
(10) a website address, accessible through the
| ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(g) If a person
charged with a traffic violation, as a | ||
result of an automated speed enforcement system, does not pay | ||
the fine or successfully contest the civil
penalty resulting | ||
from that violation, the Secretary of State shall suspend the
| ||
driving privileges of the
registered owner of the vehicle under | ||
Section 6-306.5 of this Code for failing
to pay any fine or |
penalty
due and owing, or both, as a result of a combination of | ||
5 violations of the automated speed enforcement system or the | ||
automated traffic law under Section 11-208.6 of this Code. | ||
(h) Based on inspection of recorded images produced by an
| ||
automated speed enforcement system, a notice alleging that the | ||
violation occurred shall be evidence of the facts contained
in | ||
the notice and admissible in any proceeding alleging a
| ||
violation under this Section. | ||
(i) Recorded images made by an automated speed
enforcement | ||
system are confidential and shall be made
available only to the | ||
alleged violator and governmental and
law enforcement agencies | ||
for purposes of adjudicating a
violation of this Section, for | ||
statistical purposes, or for other governmental purposes. Any | ||
recorded image evidencing a
violation of this Section, however, | ||
may be admissible in
any proceeding resulting from the issuance | ||
of the citation. | ||
(j) The court or hearing officer may consider in defense of | ||
a violation: | ||
(1) that the motor vehicle or registration plates of | ||
the motor
vehicle were stolen before the violation occurred | ||
and not
under the control or in the possession of the owner | ||
at
the time of the violation; | ||
(2) that the driver of the motor vehicle received a | ||
Uniform Traffic Citation from a police officer for a | ||
speeding violation occurring within one-eighth of a mile | ||
and 15 minutes of the violation that was recorded by the |
system; and | ||
(3) any other evidence or issues provided by municipal | ||
ordinance. | ||
(k) To demonstrate that the motor vehicle or the | ||
registration
plates were stolen before the violation occurred | ||
and were not under the
control or possession of the owner at | ||
the time of the violation, the
owner must submit proof that a | ||
report concerning the stolen
motor vehicle or registration | ||
plates was filed with a law enforcement agency in a timely | ||
manner. | ||
(l) A roadway equipped with an automated speed enforcement | ||
system shall be posted with a sign conforming to the national | ||
Manual on Uniform Traffic Control Devices that is visible to | ||
approaching traffic stating that vehicle speeds are being | ||
photo-enforced and indicating the speed limit. The | ||
municipality shall install such additional signage as it | ||
determines is necessary to give reasonable notice to drivers as | ||
to where automated speed enforcement systems are installed. | ||
(m) A roadway where a new automated speed enforcement | ||
system is installed shall be posted with signs providing 30 | ||
days notice of the use of a new automated speed enforcement | ||
system prior to the issuance of any citations through the | ||
automated speed enforcement system. | ||
(n) The compensation paid for an automated speed | ||
enforcement system
must be based on the value of the equipment | ||
or the services provided and may
not be based on the number of |
traffic citations issued or the revenue generated
by the | ||
system. | ||
(o) A municipality shall make a certified report to the | ||
Secretary of State pursuant to Section 6-306.5 of this Code | ||
whenever a registered owner of a vehicle has failed to pay any
| ||
fine or penalty due and owing as a result of a combination of 5 | ||
offenses for automated speed or traffic law enforcement system | ||
violations. | ||
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated | ||
speed or traffic law enforcement system violation involving | ||
such motor vehicle during the period of the lease; provided | ||
that upon the request of the appropriate authority received | ||
within 120 days after the violation occurred, the lessor | ||
provides within 60 days after such receipt the name and address | ||
of the lessee. The drivers license number of a lessee may be | ||
subsequently individually requested by the appropriate | ||
authority if needed for enforcement of this Section. | ||
Upon the provision of information by the lessor pursuant to | ||
this subsection, the municipality may issue the violation to | ||
the lessee of the vehicle in the same manner as it would issue | ||
a violation to a registered owner of a vehicle pursuant to this | ||
Section, and the lessee may be held liable for the violation. | ||
(q) A municipality using an automated speed enforcement | ||
system must provide notice to drivers by publishing the | ||
locations of all safety zones where system equipment is |
installed on the website of the municipality. | ||
(r) A municipality operating an automated speed | ||
enforcement system shall conduct a statistical analysis to | ||
assess the safety impact of the system. The statistical | ||
analysis shall be based upon the best available crash, traffic, | ||
and other data, and shall cover a period of time before and | ||
after installation of the system sufficient to provide a | ||
statistically valid comparison of safety impact. The | ||
statistical analysis shall be consistent with professional | ||
judgment and acceptable industry practice. The statistical | ||
analysis also shall be consistent with the data required for | ||
valid comparisons of before and after conditions and shall be | ||
conducted within a reasonable period following the | ||
installation of the automated traffic law enforcement system. | ||
The statistical analysis required by this subsection shall be | ||
made available to the public and shall be published on the | ||
website of the municipality. | ||
(s) This Section applies only to municipalities with a | ||
population of 1,000,000 or more inhabitants. | ||
(625 ILCS 5/11-612)
| ||
Sec. 11-612. Certain systems to record vehicle speeds | ||
prohibited. Except as authorized in the Automated Traffic | ||
Control Systems in Highway Construction or Maintenance Zones | ||
Act and Section 11-208.8 of this Code , no photographic, video, | ||
or other imaging system may be used in this State to record |
vehicle speeds for the purpose of enforcing any law or | ||
ordinance regarding a maximum or minimum speed limit unless a | ||
law enforcement officer is present at the scene and witnesses | ||
the event. No State or local governmental entity, including a | ||
home rule county or municipality, may use such a system in a | ||
way that is prohibited by this Section. The regulation of the | ||
use of such systems is an exclusive power and function of the | ||
State. This Section is a denial and limitation of home rule | ||
powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution.
| ||
(Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | ||
94-814, eff. 1-1-07.)
| ||
(625 ILCS 5/12-610.5)
| ||
Sec. 12-610.5. Registration plate covers.
| ||
(a) In this Section, "registration plate cover" means any | ||
tinted, colored, painted, marked, clear, or illuminated object | ||
that is designed to: | ||
(1) cover any of the characters of a motor vehicle's | ||
registration plate; or | ||
(2) distort a recorded image of any of the characters | ||
of a motor vehicle's registration plate recorded by an | ||
automated traffic law
enforcement system as defined in | ||
Section 11-208.6
of this Code or an automated speed | ||
enforcement system as defined in Section 11-208.8 of this | ||
Code, or recorded by an automated traffic control system as |
defined in Section 15 of the Automated Traffic Control | ||
Systems in Highway Construction or Maintenance Zones Act.
| ||
(b) It shall be unlawful to operate any motor vehicle that | ||
is equipped with
registration plate covers. | ||
(c) A person may not sell or offer for sale a registration | ||
plate cover. | ||
(d) A person may not advertise for the purpose of promoting | ||
the sale of registration plate covers.
| ||
(e) A violation of this Section or a similar provision of a | ||
local ordinance
shall be an offense against laws and ordinances | ||
regulating the movement of
traffic.
| ||
(Source: P.A. 96-328, eff. 8-11-09.)
| ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes.
| ||
Section 99. Effective date. This Act takes effect July 1, | ||
2012. |