Section 2520.100  Authority

This Part is adopted and promulgated by the Authority, pursuant to the powers vested in the Authority by the Toll Highway Act, and supersedes all previous rules adopted and promulgated by the Illinois State Toll Highway Commission and the Illinois State Toll Highway Authority.

Section 2520.110  Authority Rulemaking 

This Part shall be liberally construed to accomplish the purposes of the Toll Highway Act and the laws of the State of Illinois. This Part shall be available to the general public at the main administrative office of the Authority during regular business hours and on the Authority's web site.  This Part is subject to modification, under the Illinois Administrative Procedure Act, at any time by the Authority's Board of Directors.

Section 2520.120  Related Statutes

The following statutes are referenced in this Part:

a)         The Toll Highway Act [605 ILCS 10].

b)         The Illinois Vehicle Code [625 ILCS 5].

c)         The Administrative Review Law [735 ILCS 5/Art. III].

d)         The Illinois Procurement Code [30 ILCS 500] and 44 Ill. Adm. Code 1.

e)         The Illinois Administrative Procedure Act [5 ILCS 100].

Section 2520.130  Definitions

The following words and phrases, when used in this Part, shall have the following meanings:

"Authority" means the Illinois State Toll Highway Authority, an instrumentality and administrative agency of the State of Illinois, formerly known as the Illinois State Toll Highway Commission.

"Authorized Emergency Vehicles" means vehicles of fire departments and police departments, ambulances, emergency vehicles of public service companies, and other vehicles performing emergency services approved and authorized by the Authority.

"Barrier Toll Plaza" means all toll collection facilities located on the Tollway's traffic lanes, but does not include ramp or open road toll collection facilities.

"Certified Report" means the documents the Authority sends the Illinois Secretary of State pursuant to 625 ILCS 5/3-704.2 and 6-306.7.

"Department of Transportation" or "IDOT" means the Illinois Department of Transportation.

"Hazardous Materials" means explosives, radioactive materials, etiologic agents, flammable liquids and other dangerous materials.

"Hearing" means a hearing conducted by the Authority or appointed hearing officer to determine whether a violation of the Toll Highway Act and/or any of this Part has occurred.

"Hearing Officer" means a hearing officer appointed pursuant to Section 2520.705.

"I-PASS" means the Authority's electronic toll collection system.

"I-PASS Only Lanes" means those lanes restricted to vehicles, other than Open Road Toll Lanes, that have I-PASS transponders.

"I-PASS Transponder" means the Authority-issued electronic toll collection device, E-Z Pass or other Authority-authorized electronic toll collection device.

"Motor Driven Cycles" means a motorcycle or motor scooter with less than 150 cubic centimeter piston displacement, including motorized pedalcycles.

"Notice of Violation " means the information sent by the Authority to the respondent notifying the respondent of an alleged violation of Tollway rules.

"Oases" means property along the Tollway occupied by restaurants, buildings and service stations, and adjacent parking and landscaped areas.

"Open Road Toll" means those lanes that are restricted to vehicles with I-PASS transponders traveling at highway speed.

"Person" means any individual, firm, corporation, cooperative, association, trust, partnership, joint venture or other legally recognized entity.

"Respondent" means any person charged with violating the Tollway Highway Act or this Part.

"Right-of-Way" means the entire area of the Tollway within the fence lines (or the barrier walls, where no fence exists), including, but not limited to, the roadways, shoulders, plazas, and landscaped areas.  The right-of-way does not include the Tollway's oases, maintenance buildings, central administration building or other Tollway buildings and their parking lots.

"Shoulder" means the portion of the roadway contiguous with the traveled way that accommodates stopped vehicles, is intended for emergency use, and, with proper signage, may provide limited duration use as a traffic lane.

"State Police" means the Illinois State Police.

"Toll" means the compensation to be paid to the Authority for the privilege of using the Tollway.

"Toll Highway Act" means 605 ILCS 10.

"Toll Plaza" means any toll collection facility located on the Tollway.

"Tollway" means any and all toll highways operated and maintained by the Authority pursuant to State and federal laws.

"Traffic Control Devices" means all directional devices, controls and markings installed by the Authority, its agents, or governmental partners for the purpose of regulating, warning, or guiding traffic.

"Traffic Lanes" are the lanes designated for vehicular travel on the Tollway that are designated numerically, with the extreme left lane of each directional roadway being numbered "Lane No. 1" and each lane to the right of Lane No. 1 carrying traffic in the same direction being numbered consecutively higher.

"Vehicle Code" means the Illinois Vehicle Code [625 ILCS 5].

"Violation" means one or more acts prohibited by the Toll Highway Act and/or this Part.

"V-Tolled" means the Tollway service that debits an unpaid toll from an I-PASS customer's valid account when a transaction is not read by the I-PASS electronic toll collection equipment and license plate information is captured by the Authority's video or photo surveillance system.

Any and all terms that are not specifically defined in this Section shall have the meanings ascribed to them in the Vehicle Code and the Toll Highway Act.

(Source:  Amended at 35 Ill. Reg. 535, effective December 27, 2010)

Section 2520.200  Illinois Vehicle Code

This Subpart B is applicable to traffic on the Tollway and is adopted and prescribed by the Authority pursuant to the power vested in the Authority by the Toll Highway Act.  Except when inconsistent with this Part, the Illinois Vehicle Code regulates traffic and the operation of motor vehicles on the Tollway.

Section 2520.203  Use of Tollway Prohibited or Restricted

The following are prohibited on the Tollway or any part of its right-of-way:

a)         Pedestrians, except at authorized areas at oases, toll plazas and maintenance areas.

b)         Animals led, ridden or driven on the hoof.

c)         Bicycles or motor driven cycles.

d)         Vehicles transporting animals or poultry not properly secured or confined.

e)         Vehicles with deflated pneumatic tires, metal tires, caterpillar treads, studded tires or tires with chains.

f)         Vehicles with loads improperly secured or vehicles transporting gravel, sand, limestone or like materials capable of being windblown or escaping from the vehicles in any manner, unless such load is securely covered.

g)         Farm implements and machinery, whether self-propelled or towed, excluding those properly and safely loaded onto a vehicle.

h)         Vehicles exceeding the size, weight and load limitations set out in the Vehicle Code; however, subject to Tollway approval, oversized and overweight vehicles may be permitted on the Tollway pursuant to the terms and conditions contained in Appendix A.

i)         Vehicles incapable of maintaining a minimum speed of 45 miles per hour on a level grade.

j)         House trailers, during extreme wind, adverse weather or unusual traffic conditions.

k)        Convoys, processions or assemblages of more than 10 vehicles without the prior approval of District 15 of the State Police.

l)          Vehicles that are in such disrepair, are so poorly equipped or loaded, or are so lacking in equipment that they create a hazard to other vehicles.

m)        Vehicles equipped with tinted plastic or tinted glass registration plate covers or any covers, coating, wrappings, materials, streaking, distorting, holographic, reflective, or other devices that obstruct the visibility or electronic image recording of the plate. This prohibition shall not apply to automatic vehicle identification transponder devices, cards or chips issued by a governmental body or authorized by a governmental body for the purpose of electronic payment of tolls or other authorized payments.

Section 2520.206  Vehicles Exempted from Provisions of Section 2520.203

Vehicles may be exempted from the provisions of Section 2520.203 of this Part while actively engaged in construction, maintenance and/or landscaping work for the Authority if the owner or operator of the vehicle secures prior written approval from an authorized representative of the Engineering Department of the Authority.  Such approval shall not relieve the person from full and complete liability and responsibility for the condition of the vehicle and the actions or inactions of the owners and operators of the vehicle and for any damage or injury caused by the vehicle or its operation.

Section 2520.209  Transportation of Hazardous Materials

No person directly or through any agent or employee may use the Illinois Tollway for transporting hazardous materials unless in compliance with all applicable laws, including 49 CFR 171-180 and 263.

Section 2520.212  Special Usage Toll

No person shall operate a vehicle on the Tollway that exceeds the size and load limitations set forth in Sections 15-100 through 15-107 of the Vehicle Code without paying the special usage toll as provided in Appendix A.  Any person who uses or attempts to use the Tollway without proper payment of the Special Usage Toll or fee as required by this Section shall be deemed guilty of a petty offense under Section 27.1 of the Toll Highway Act.  A Special Usage Toll Permit will be issued on the following terms and conditions:

a)         A Special Usage Toll Permit may be obtained electronically from the Tollway or from the plaza supervisor or collector in charge of the first manned toll plaza reached upon entering the Tollway.  The vehicle shall not proceed any farther on the Tollway until a Permit is issued and the proper Special Usage Toll is paid.

b)         The Special Usage Toll Permit must be exhibited at all toll plazas during the course of the permitted trip on the Tollway.

Section 2520.215  Loading or Unloading of Vehicles

Loading or unloading vehicles on the right-of-way is prohibited without prior Tollway approval.

Section 2520.218  Full Stop at All Toll Plazas

Except at lanes marked "I-PASS Only" or "Open Road Toll", all vehicles must come to a full stop at all toll plazas at the time of payment of tolls.  When red/green signal lights control a toll plaza lane, the driver of a vehicle shall not proceed until receiving the green light signal.

Section 2520.221  Entering and Leaving the Tollway

Entering or exiting the Tollway at any location other than designated entrance ramps or traffic lanes is prohibited.  The use of service roads for entry and exit to the Tollway is prohibited. This Section shall not prohibit the use of the service roads by Authority vehicles, Authorized Emergency Vehicles or any other vehicle authorized by the Authority.

Section 2520.224  "U" Turns, Etc.

The making of "U" turns on the Tollway, driving around toll barriers or driving through maintenance areas is prohibited, except by Authorized Emergency Vehicles, Authority vehicles, and any other vehicle authorized by the Authority.

Section 2520.227  Backing Up of Vehicles

The backing up of a vehicle on any ramp or traffic lane or improved shoulder adjacent to the ramp or lane is prohibited.

Section 2520.230  Parking, Standing or Stopping

Parking, standing or stopping on the right-of-way is prohibited.  In emergencies, stopped vehicles shall be immediately driven or moved off the traveled portion of the traffic lane or ramp.  Except where otherwise posted, no vehicle shall be left unattended or abandoned on the right-of-way by the owner or operator of the vehicle for more than 2 hours without a permit issued by the State Police.

Section 2520.233  Relocating of Vehicles

Any vehicle left unattended or abandoned in violation of Section 2520.230 or any vehicle constituting a traffic hazard shall be subject to immediate relocation at the expense of the owner or operator of the vehicle.  State Police and Authority personnel are authorized to remove or cause to be removed any unattended or abandoned vehicle by an authorized towing service or by other means that may be available, at the sole expense of the owner or operator of the vehicle.

Section 2520.236  Pushing or Towing of Vehicles

a)         Pushing.  The pushing of any vehicle by another vehicle is prohibited except in emergencies.  In such an emergency, a disabled vehicle may be pushed off the traffic lanes onto the adjacent shoulder for the purpose of parking, standing or stopping, as provided in Section 2520.230 of this Part.

b)         Towing.  Except in emergencies, no vehicle shall be towed by another vehicle without a rigid hitch designed and installed so as to give the operator of the towing vehicle full and complete control of the towed vehicle.  In an emergency, a disabled vehicle may be towed off the traffic lanes onto the adjacent shoulder for the purposes of parking, standing or stopping, as provided in Section 2520.230 of this Part.

Section 2520.239  Stopping or Halting Vehicles by the Authority

The Authority, the Illinois State Police and persons authorized by the Authority may stop or halt vehicles as necessary to conduct traffic surveys, in emergencies, and for any other lawful purpose. 

Section 2520.242  Destruction of Authority Property

No person shall cut, mutilate, deface, damage or remove any property or equipment of the Authority or of its vendors, operators, licencees, lessees, agents or contractors.

Section 2520.245  Picnics

Picnicking within the right-of-way is prohibited.

Section 2520.248  Aircraft

No aircraft, except those authorized by the Authority or the State Police, shall take off, land or otherwise be operated within the right-of-way.

Section 2520.251  Sale of Goods and Services

No person shall offer or display goods or services for sale or promotion, or post, display or distribute signs, circulars, or printed matter, or operate public address equipment on Authority property, including its right-of-way, except as authorized by the Authority.

Section 2520.254  Solicitation of Rides

No person shall solicit or attempt to solicit rides from the driver of any vehicle using the Tollway.

Section 2520.257  Loitering or Interfering with Traffic

No person shall loiter on Tollway property or in any manner interfere with traffic or the control of traffic.

Section 2520.260  Approaching/Departing a Toll Plaza

The driver of a vehicle approaching or departing a toll plaza shall approach or depart from a toll plaza in as direct a manner as possible and adjust vehicular speed and lateral position so as to avoid collision with other vehicles or property.

Section 2520.263  Compliance with Orders or Directions of State Police Troopers, Etc.

No person shall willfully fail or refuse to comply with any lawful order or direction of any State Police trooper or any Authority employee or agent.

Section 2520.266  Duty Upon Striking Fixtures, Structures or Other Property on Tollway

Any person involved in any damage to fixtures, structures, or other property of the Authority or of its vendors, operators, licensees, lessees, agents or contractors shall notify the Authority immediately of the damage and of the details surrounding the occurrence.  For the purpose of this Section, notice to the State Police, District 15, shall also constitute notice to the Authority.

Section 2520.269  Payment of Tolls

a)         All persons driving vehicles on  the Tollway, except as provided in subsection (b), are required to pay the prescribed toll at each toll plaza. Tolls may be paid in the following manner:

1)         By currency or change in legal tender of the United States of America presented to a toll collector, or by correct change deposited in the automatic coin machine;  

2)         By I-PASS; or

3)         By an electronic toll collection account in good standing with a toll agency that has entered into a reciprocity agreement with the Tollway.

b)         Tolls are not required of Authority officers and employees while on Authority business, or of public police, public fire or public ambulance vehicles when on emergency business or duty necessitating the use of the Tollway system, and when the vehicle is readily identifiable.

d)         Coin and currency lying in and around toll collection facilities are the Authority's property.  Any person other than an authorized Authority employee or agent who removes any coin from the pavement or from the ground surface within 25 feet of a toll collection facility shall be guilty of a petty offense.

e)         No vehicle shall be driven through a toll plaza collection facility without payment of the proper toll.  In the event of non-payment of the proper toll, as evidenced by video or photo surveillance system or toll collector's sworn statement, the registered owner of that vehicle shall, upon notice to the registered owner, be liable to make prompt payment to the Authority of the proper toll charge as well as applicable fines and fees.  This subsection shall not apply if the driver of the vehicle is fined or otherwise penalized for the same violation under the Vehicle Code or other rule or regulation regarding failure to pay the prescribed toll.

Section 2520.272  I-PASS Registration

a)         A license plate may not be registered to or utilized with any I-PASS account if the person to whom the license plate was registered has been adjudicated liable for utilizing the Tollway without the payment of the proper toll and there remains a balance for unpaid tolls, fines, and/or other fees. 

b)         No person may open or utilize an I-PASS account or associated toll collection services if that person has been adjudicated liable for utilizing the Tollway without the payment of the proper toll and the person has unpaid tolls, fines and/or other fees. 

c)         Use of I-PASS by a person or license plate with an unpaid toll violation balance shall be deemed a toll violation subject to full enforcement measures and sanctions provided by law.

Section 2520.275  Prohibited and Restricted Lanes

a)         No vehicle on the Tollway shall pass through any lane designated "DO NOT ENTER" except authorized State Police, Authority, Authority agent or authorized emergency vehicles.

b)         Only vehicles equipped with a properly mounted I-PASS transponder may use lanes designated as Open Road Toll Lanes or I-PASS Express.

Section 2520.278  Traffic Control Devices

a)         All persons driving vehicles upon the Tollway are required to obey all traffic control devices on the Tollway, unless otherwise directed by a member of the State Police, Authority employees or agents, or emergency service providers.

b)         The Engineering Department of the Authority shall have the power to establish specifications for traffic control devices on the Tollway; provided, however, that unless the Authority or its Engineering Department has established contrary specifications, the current Department of Transportation specifications for traffic control devices shall apply.

Section 2520.281  Penalty for Violation

Except when a different penalty is expressly provided, any person who violates any provision of this Subpart B shall be deemed guilty of a petty offense and, upon conviction, shall be subject to punishment as provided by law for petty offenses.

Section 2520.300  Authority

This Subpart C is applicable to persons and vehicles on Authority right-of-way and is adopted by the Authority pursuant to the power vested in the Authority by the Toll Highway Act.

Section 2520.310  Restriction of Vehicles Using the Tollway

Use of the Tollway, including the entering of the Tollway right-of-way at any point by any motor vehicle or by any other method for the purpose of proceeding on, across or along the Tollway, is restricted to vehicles not prohibited by Section 2520.203 of this Part, and use of the Tollway is further restricted to:

a)         Vehicles that have paid tolls as required by Sections 2520.212 and 2520.269 and, where applicable, the overweight permit fee provided in Section 2520.203 and Appendix A; and

b)         Vehicles that have entered the Tollway as part of travel to or from highways on ramps provided for that purpose.

Section 2520.320  Restriction on Nature of Use of Tollway

a)         Any person may use the Tollway only as a transportation facility in accordance with the rules adopted by the Authority pursuant to its powers under Section 10 of the Toll Highway Act and shall not use the Tollway or the right-of-way for any other purposes. 

b)         Any person using any part of the Tollway or right-of-way except as provided in this Part is guilty of a trespass.

c)         Any person who fails to immediately depart from Authority property after being directed to leave by the State Police or the Authority is subject to arrest and/or immediate removal from Authority property.

Section 2520.340  Persons and Vehicles Excepted from the Requirements of Subpart C

Nothing contained in this Subpart C shall be construed as applying to the Authority, its Directors, officers, employees, agents, or contractors in the conduct of the Authority's business or to persons having a written license or permit from the Authority authorizing uses otherwise prohibited by this Subpart C, or to the activities of police, public fire, public ambulance or tow truck vehicles properly called upon the Tollway for emergency purposes while carrying out such purposes.

Section 2520.350  Penalties

Any person who violates any provision of this Subpart C shall be guilty of a trespass and shall be subject to prosecution and, upon conviction, shall be subject to punishment in accordance with Section 21-3 of the Illinois Criminal Code [720 ILCS 5/21-3].

Section 2520.410  Maximum Speed Limits for Passenger Cars

The following shall be the maximum speed limits for passenger cars (includes motorcycles) on the Tollway, except as provided by Sections 2520.430 and 2520.440:

a)         Tri-State Tollway (I-94 and I-294):

70 miles per hour north of I-94 M.P.7.5 (Stearns School Road).

65 miles per hour between I-94 M.P.7.5 (Stearns School Road) and I-94 M.P.24.2 (Deerfield Road).

60 miles per hour between I-94 M.P.24.2 (Deerfield Road) and M.P.25.2 (Lake-Cook Road).

60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P. 42.2 (Touhy Avenue).

60 miles per hour between I-294 M.P.23.1 (I-55) and M.P.7.6 (I-57).

55 miles per hour on the remainder of I-294 and I-94.

b)         Jane Addams Memorial Tollway (I-90):

60 miles per hour east of M.P.74.4 (Des Plaines Oasis).

70 miles per hour west of M.P.74.4 (Des Plaines Oasis).

c)         Reagan Memorial Highway (I-88):

60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and M.P.117.1 (Illinois Route 31).

65 miles per hour between M.P.117.1 (Illinois Route 31) and M.P.109.0 (west of Illinois Route 47).

70 miles per hour west of M.P.109.0 (west of Illinois Route 47).

d)         Veterans Memorial Tollway (I-355):

60 miles per hour between M.P.12.0 (I-55) and M.P.29.8 (Army Trail Road).

70 miles per hour south of M.P.12.0 (I-55).

(Source:  Amended at 42 Ill. Reg. 796, effective December 27, 2017)

Section 2520.420  Maximum Speed Limits for Trucks, Buses, Passenger Cars Towing Trailers, House Trailers and Campers

a)         The following shall be the maximum speed limits for trucks and passenger cars towing trailers, house trailers and campers on the Tollway, except as provided by Sections 2520.430 and 2520.440:

1)         Tri-State Tollway (I-94 and I-294):

60 miles per hour north of I-94 M.P.25.2 (Lake-Cook Road).

60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P.42.2 (Touhy Avenue).

60 miles per hour between I-294 M.P.23.1 (I-55) and M.P.7.6 (I-57).

55 miles per hour on the remainder of I-294 and I-94.

2)         Jane Addams Memorial Tollway (I-90):

60 miles per hour east of M.P. 31.2 (McHenry County Line).

70 miles per hour west of M.P.31.2 (McHenry County Line).

3)         Reagan Memorial Highway (I-88):

60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and M.P.101.0 (Kane/DeKalb County Line).

70 miles per hour west of M.P.101.0 (Kane/DeKalb County Line).

4)         Veterans Memorial Tollway (I-355):

60 miles per hour between M.P.0.0 (I-80) and M.P.29.8 (Army Trail Road).

b)         The following shall be the maximum speed limits for buses on the Tollway, except as provided by Sections 2520.430 and 2520.440:

1)         Tri-State Tollway (I-94 and I-294):

65 miles per hour north of I-94 M.P.24.2 (Deerfield Road).

60 miles per hour between I-94 M.P.24.2 (Deerfield Road) and M.P.25.2 (Lake-Cook Road).

60 miles per hour between I-294 M.P.52.7 (Lake-Cook Road) and M.P.42.2 (Touhy Avenue).

60 miles per hour between I-294 M.P. 23.1 (I-55) and M.P.7.6 (I-57).

55 miles per hour on the remainder of I-294 and I-94.

2)         Jane Addams Memorial Tollway (I-90):

60 miles per hour east of M.P.74.4 (Des Plaines Oasis).

65 miles per hour between M.P.74.4 (Des Plaines Oasis) and M.P.31.2 (McHenry County Line).

70 miles per hour west of M.P.31.2 (McHenry County Line).

3)         Reagan Memorial Highway (I-88):

60 miles per hour between M.P.140.4 (I-290/Eisenhower Expressway) and M.P.117.1 (Illinois Route 31).

65 miles per hour between M.P.117.1 (Illinois Route 31) and M.P.101.0 (Kane/DeKalb County Line). 

70 miles per hour west of M.P.101.0 (Kane/DeKalb County Line).

4)         Veterans Memorial Tollway (I-355):

60 miles per hour between M.P.12.0 (I-55) and M.P.29.8 (Army Trail Road).

65 miles per hour between M.P.0.0 (I-80) and M.P.12.0 (I-55).

(Source:  Amended at 42 Ill. Reg. 796, effective December 27, 2017)

Section 2520.430  Maximum Speed Limits for Designated I-PASS Lanes, Service Areas, Parking Areas, Access Roads and Ramps, and Barrier Toll Plaza Approaches

a)         The maximum speed limit for I-PASS Only electronic toll collection lanes shall be 30 m.p.h. or as otherwise posted.

b)         The maximum speed limit for Open Road Toll electronic toll collection lanes shall be 55 m.p.h., or as otherwise posted.

Section 2520.440  Road Hazards and Construction Zones

The Authority may temporarily alter and post maximum and minimum speed limits for all vehicles due to road hazards or for construction work. All vehicles shall comply with the posted speed limits in those zones.

Section 2520.450  Special Road Conditions

Motorists on the Tollway are required, in accordance with Section 11-601 of the Vehicle Code, to reduce their speed because of special traffic, highway and weather conditions, road hazards, curves, ramps, merging traffic and other like conditions to a speed that is reasonable under the circumstances, so as not to endanger the safety of any person or property.

Section 2520.460  Minimum Speed Limits

Minimum speed limits for all vehicles operated on the Tollway shall be 45 miles per hour, except as posted or otherwise indicated in this Part.

Section 2520.510  Violations

Any person who violates any rule or regulation adopted or promulgated by the Authority pursuant to Section 10(b) of the Toll Highway Act shall be guilty of a petty offense.

Section 2520.520  Littering − Penalty

It is unlawful for any person to deposit within the right-of-way or other property of the Tollway any trash, glass, weeds, garbage or other offensive matter. Any person so offending shall be guilty of a petty offense and shall be fined not less than $5 nor more than $50. 

Section 2520.530  Spurious or Counterfeit Tickets, Coupons, or Tokens − Penalty

It is unlawful for any person to use any spurious or counterfeit tickets, coupons, tokens, electronic toll collection devices or tags in payment of any toll required to be paid to the Authority under the provisions of this Part. Any person who attempts to use the Tollway without payment of the tolls required by the Authority through the use of any spurious or counterfeit method shall be deemed guilty of a petty offense and shall be fined not less than $5 nor more than $100 for each offense.  Each day any Tollway is used by such person in violation of this Act shall constitute a separate offense.

Section 2520.540  Toll Collection Devices − Penalty for Breaking

Any Person who willfully, maliciously and forcibly breaks any mechanical or electronic toll collection device of the Authority or any appurtenance thereto with intent to commit larceny shall be deemed guilty of a Class 4 felony [605 ILCS 10/28].

Section 2520.550  I-PASS Customer – Penalties and Fees

a)         The registered owner of a vehicle cited by the Illinois State Police for traffic violations that pose a significant public safety risk occurring within ½ mile prior to a toll collection point, at a toll collection point, or within ½ mile beyond a toll collection point will be suspended from the Tollway's I-PASS program for a period of 180 days. The I-PASS suspension shall commence no sooner than 30 days after the citation is disposed of with a finding of guilty and 10 days after the registered owner is supplied a final notice of suspension based on this subsection.  The suspension shall apply to all I-PASS accounts registered to the owner of the vehicle who was the subject of the citation.  For purposes of this subsection, traffic violations that pose a significant public safety risk shall be limited to violations of the following Sections of the Illinois Vehicle Code:  Sections 6-101 (driving without a valid license or permit), 6-303 (driving on suspended or revoked license), 6-507 (driving a commercial motor vehicle without a valid commercial driver's license), 6-515 (driving under the influence on a CDL), 11-501 (driving under the influence), 11-502 (open alcohol in vehicle), 11-503 (reckless driving or aggravated reckless driving), 11-504 (drag racing), 11-601.5 (driving 40 mph or more over applicable limit), 11-709 (improper lane usage), 11-907 (improper operation near emergency vehicle) and 11-908 (improper operation near or in a construction or maintenance zone).

b)         The author of any check that is returned to the Authority unpaid will be subject to a $25 administrative fee.  If payment in the amount of the check plus the $25 fee is not received from the customer within 10 days after final notification that the check has been returned and that the administrative fee is being charged, the customer's account will be suspended and all transponders assigned to the account will be deactivated.

c)         I-PASS customers who are V-Tolled more than five times in a calendar month on any individual license plate registered to a customer's I-PASS or other electronic tolling account will be charged the cash toll rate for the sixth and every subsequent V-Toll incurred during that month.  If the customer's license plate is V-Tolled five or fewer times in a calendar month, the account shall be charged the discounted I-PASS rate for those V-Tolled transactions. The Tollway shall endeavor to provide the I-PASS customer with electronic or robo-call notice within 24 hours after the sixth V-Toll transaction.

d)                  An I-PASS customer whose account balance falls below $0 for 30 or more days will be assessed an administrative fee of $5 if the tolls owed are less than $25.  The account holder will be assessed an administrative fee of $25 if the amount of the unpaid tolls is $25 or more.  If the customer fails to pay the unpaid tolls and administrative fee within 21 days from the date of final notification that his or her account balance is insufficient, the customer's account will be suspended and all transponders assigned to the account will be deactivated.

e)         Final notices of fees due or I-PASS account suspensions issued under this Section shall be considered final administrative orders of the Authority subject to judicial review in accordance with the Illinois Administrative Review Law [735 ILCS 5/Art. III].

(Source:  Amended at 42 Ill. Reg. 796, effective December 27, 2017)

Section 2520.700  Authority

Pursuant to 605 ILCS 10/10(a-5), Subpart F provides for an administrative adjudication system with respect to the alleged operation of a vehicle on the Tollway without the required toll having been paid, as detected by the Authority's video or photo surveillance system, and post-adjudication enforcement.

Section 2520.705  Notice of Violation to Respondent

The Authority, or its duly authorized agent, shall give a Notice of Violation to the respondent of the alleged toll violation.  The Notice of Violation shall be served on the respondent by First Class United States Mail or other means as provided by law, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State's vehicle registration records or to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of the lease.  The Notice of Violation shall specify the date, approximate time and location of the violations cited, the regulation violated, the State registration number of the cited vehicle (if available), the amount of the unpaid tolls, and the applicable fines and fees.  The Notice of Violation shall include a statement that failure to satisfy any fine or fee imposed by the Authority may result in the Secretary of State suspending the driving privileges, vehicle registration, or both, of the person failing to satisfy the fines or fees imposed by the Authority for non-payment of tolls.  The Notice of Violation shall inform the respondent of the availability of a hearing in which the violation may be contested on its merits and the manner in which the hearing may be conducted.  The Notice of Violation shall inform the respondent that failure to contest the alleged violations in the manner and time provided shall be deemed an admission of liability and that a final order of liability may be entered on that admission.  The Notice of Violation shall further state that failure to either pay the indicated toll, fine or fee or to request a hearing on the merits will result in a final order of liability in the amount of the toll, fine or fee indicated.  A duly authorized agent of the Authority may perform or execute the preparation, certification, affirmation, or mailing of the Notice of Violation.

Section 2520.710  Effective Date of Notices

Unless otherwise specified in this Part, service of any notice contained in this Subpart F shall be deemed complete 3 calendar days after the date indicated on the notice.

Section 2520.715  Establishment of the Toll-Free Telephone Number

The Authority shall establish a toll-free telephone number to receive, during its regular business hours, inquiries concerning alleged violations.

Section 2520.720  Timely Request for Hearing

Upon receipt of a timely request for a hearing from the registered vehicle owner, the Authority or its duly authorized agent shall provide notice of the date, time and location of the hearing to the respondent.  The hearing shall be scheduled during regular business hours and shall be held at the main office of the Authority or at any other location designated by the Authority for the hearings.

Section 2520.725  Hearing Officers – Appointment, Disqualification, Powers and Duties

a)         The Authority shall appoint independent attorneys to serve as hearing officers in administrative hearings under this Subpart F.  Hearing officers shall be attorneys admitted to the practice of law in the State of Illinois for at least 5 years and shall participate in a formal training program on the relevant substantive and procedural law and judicial conduct before assuming their duties as hearing officers.

b)         A motion to disqualify a hearing officer may be made for bias, conflict of interest or other good cause and must be made prior to the commencement of the hearing.

c)         The powers and duties of the hearing officer at the hearing include, but are not limited to:

1)         presiding over the hearing;

2)         explaining the procedures of the hearing to the parties;

3)         administering oaths and listening to testimony;

4)         ruling on the admissibility of evidence and permitting parties to present evidence;

5)         permitting parties to examine and cross-examine witnesses; and

6)         issuing a final order indicating his/her findings.

Section 2520.730 Discovery

a)         The respondent will be permitted to schedule an appointment to review video or photo surveillance evidence pertaining to the Notice of Violation.  These appointments shall be made during regular business hours of the Authority and shall take place at the Violation Administration Center in the Authority's central office located at 2700 Ogden Avenue, Downers Grove, Illinois  60515, or any other location designated by the Authority.

b)         Written discovery shall be limited to the production of documents and identification of witnesses that each party intends to introduce or call at the hearing.  Nothing in this subsection (b) shall impose a duty upon the Authority to serve respondent with documents that the Tollway had previously sent to the respondent.

Section 2520.735  Continuance

The hearing officer may grant a continuance only upon a finding of good cause.  A respondent may be granted one continuance to seek retention of legal counsel, but that motion must be made before the introduction of any testimony or other evidence on the merits.  A disruption in the automated adjudicatory file system shall also be grounds for an additional continuance.

Section 2520.740  Hearings Format

a)         Each toll violation shall be considered an individual violation.

b)         The Authority may be represented by an employee or duly authorized agent at the hearing or may proceed on the Notice of Violation.  The hearing officer shall not present any evidence on behalf of the Authority; provided, however, that the Notice of Violation may be placed into the record by the hearing officer.  A respondent may represent himself or herself or be represented by a duly authorized agent. 

c)         The Authority and the respondent may introduce into evidence, and the hearing officer may consider, all video or photo surveillance evidence relating to the alleged violations, the evidentiary foundation for which shall be presumed valid subject to rebuttal.  A Notice of Violation or facsimile of the notice, sworn or affirmed to or certified by a duly authorized agent of the Authority based upon an inspection of photographs, microphotographs, videotape, or other recorded images produced by a video or photo surveillance system, shall be admitted as prima facie evidence of the correctness of the facts contained in the Notice of Violation. 

d)         Each party to the hearing may make an opening statement, call, examine and cross-examine witnesses, and offer evidence for the record.  Evidence may be written or oral.

e)         Each party may make a closing argument at the conclusion of the hearing. 

f)         No testimony shall be given or received at the hearing relating to discussions, offers, counter offers, rejections or admissions at any settlement conferences that may have occurred.

g)         Any written stipulations of the parties may be introduced as evidence at the hearing.  These stipulations shall be introduced at the beginning of the hearing and shall become part of the record of the hearing.

h)         The Authority may, at its sole discretion, establish a process in which respondents may contest alleged violations by a telephonic hearing or mail-in hearing as opposed to an in-person hearing.

i)          The hearing officer shall have full authority to conduct and control the procedure at the hearing.  The hearing officer shall not be bound by the strict rules of evidence applicable to the courts; irrelevant, immaterial, or unduly repetitious evidence shall be excluded.  Evidence not admissible under the rules of evidence may be admitted (except where precluded by statute) if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.  Objections to evidentiary offers may be made, shall be ruled upon by the hearing officer, and shall be noted in the record.  Subject to these requirements, when a hearing will be expedited and the interests of the parties will not be prejudiced, any part of the evidence may be received in written form.  Oral testimony in in-person or telephonic hearings may be recorded by audio or electronic means, provided that, in the event of a recording loss or malfunction, the hearing officer may prepare a written summary of the oral testimony for purposes of administrative review.

j)          The hearing officer shall apply a preponderance of the evidence standard to determine respondent's liability for the alleged violations.

k)         Upon completion of a hearing on the merits, the hearing officer shall issue a final order setting forth his or her findings as to liability or non-liability of the respondent.  If the hearing officer finds for the Authority, the final order of liability shall assess the tolls, fines and fees that the respondent owes to the Authority.  The final order of liability shall state that an additional fine of $50 per violation will be assessed, by operation of law and without further notice or order, if respondent fails to pay the proper toll, fine and/or fee to the Authority within 30 calendar days after the issuance of a final order of liability.  A final order of liability shall inform the parties of their right to seek judicial review under the Administrative Review Law and include a statement that failure to satisfy any toll, fine or fee imposed by the final order of liability may result in the Secretary of State suspending the driving privileges, vehicle registration, or both of the registered vehicle owner.

(Source:  Amended at 38 Ill. Reg. 19780, effective September 25, 2014)

Section 2520.745  Failure to Respond to Notice of Violation – Default

A registered vehicle owner who fails to either pay in full all outstanding tolls, fines and fees set forth in the Notice of Violation or to file a request for a hearing within the time permitted shall be deemed to have admitted liability and to have waived his or her right to a hearing and the Authority may enter a final order of liability against the registered vehicle owner.

Section 2520.750  Penalties

The Authority shall assess the registered owner of any vehicle driven through a toll plaza without the payment of the proper toll the following penalties:

a)         Upon a finding of liability, the registered owner of the vehicle shall be liable for the outstanding toll, a $10 fine for each toll violation occurring on the Elgin-O'Hare Tollway and a $20 fine for each violation occurring on the remainder of the Tollway, and all applicable fees.

b)         Additional Fine

1)         Upon the failure of the registered owner to pay the toll, fine and/or fee to the Authority within 30 days after notice of a final order of liability, the Authority shall assess the registered owner an additional fine of $25 for violations occurring on the Elgin-O'Hare Tollway and $50 for violations occurring on the remainder of the Tollway.  This additional fine shall apply to each violation without further notice or order. 

2)         Pilot Program

Notwithstanding the requirement of subsection (a), the Authority Board may establish by Resolution a temporary program under which the $50 additional fine for any or all classes of vehicles is suspended for the time period specified in the Resolution.  After that period, the Board will determine whether the additional fine policy will be discontinued, modified or continued and this Section will be amended to reflect that decision.

c)         Upon failure of a registered owner of a vehicle to satisfy any toll, fine or fee resulting from a final order or orders of liability relating to 5 or more toll violations, the Authority shall notify the Secretary of State to suspend the registered owner's vehicle registration and/or driver's license.

1)         A prerequisite to the suspension of vehicle registration and/or driver's license by the Secretary of State, under 625 ILCS 5/3-704.2 or 6-306.7, shall be the submission to the Secretary of State, by the Authority, of a Certified Report containing the following information:

A)        The name, last known address as recorded with the Secretary of State or, for a lessee of a cited vehicle, at the last address known to the lessor of the cited vehicle at the time of the lease, and the driver's license number of the person who failed to satisfy the final order of liability and the registration number of any vehicle known to be registered in this State to the person.

B)        A statement that the Authority sent a notice of impending suspension of the person's driver's license, vehicle registration, or both, to the person named in the report at the address recorded with the Secretary of State, the date on which the notice was sent, and the address to which the notice was sent.

2)         The person to whom the notice of impending suspension was sent may challenge the accuracy of the information contained in the Certified Report by submitting his/her challenges, within 30 days after the date of the notice, in writing, to:

The Illinois State Toll Highway Authority

ATTN: Violation Administration Center

2700 Ogden Avenue

Downers Grove, Illinois 60515

Challenges to the accuracy of the information contained in the Certified Report shall be limited to the following:

A)        The person who received the notice was not the registered owner of the vehicle in question at the time of the alleged violations.

B)        The person who received the notice has already paid the fine and any fees.  

3)         The Authority shall notify the Secretary of State whenever a person named in the Certified Report has satisfied the previously reported fines or penalties or whenever the Authority determines that the original report was in error. Upon receipt of the Authority's notification, the Secretary of State shall terminate the suspension. (See 625 ILCS 5/6-306.7.)

4)         In addition to any tolls, fines or fees assessed by the Authority for toll violations, the registered owner of the vehicle involved in the toll violations at issue shall be required to reimburse the Authority for all fees paid to the Illinois Secretary of State for the enforcement of this Section.

d)         Upon failure of a registered owner of a vehicle to satisfy any toll, fine or fee resulting from a final order issued by the Authority relating directly or indirectly to 5 or more toll violations, any and all vehicles registered to the registered owner shall be subject to immobilization, towing and/or impoundment.

1)         If the vehicle was immobilized, a sticker shall be affixed to the vehicle in a conspicuous space. The sticker shall state:

A)        that the vehicle has been immobilized pursuant to Section 10(a-5) of the Toll Highway Act for non-payment of 5 or more toll violations;

B)        that all immobilized vehicles are subject to immediate tow and impoundment;

C)        the procedures for making payment to obtain release of the immobilization;

D)        the procedures for contesting the immobilization; and

E)        that any unauthorized attempt to remove the immobilizing device shall constitute a petty offense.

2)         If the vehicle was towed and/or impounded, the Tollway shall notify the registered owner of the vehicle by First Class Mail or other means provided by law at the registered owner's address of record as recorded with the Secretary of State's vehicle registration records. The notification shall state:

A)        that the vehicle has been towed and/or impounded pursuant to Section 10(a-5) of the Toll Highway Act for non-payment of 5 or more toll violations;

B)        the entity that is currently storing the vehicle;

C)        the procedures for making payment to obtain release of the towed and/or impounded vehicle;

D)        the procedures for contesting the tow and/or impoundment; and

E)        that the vehicle may be sold or otherwise disposed of in accordance with Section 4-208 of the Vehicle Code if the vehicle is not retrieved within 30 days after the date of the notification.

3)         The registered owner may challenge the immobilization, tow and/or impoundment within 30 days after the date of the notification specified in subsection (d)(1) or (d)(2), in writing, to:

The Illinois State Toll Highway Authority

ATTN: Violation Administration Center

2700 Ogden Avenue

Downers Grove, Illinois 60515

4)         Challenges to the immobilization, tow and/or impoundment of a vehicle shall follow the procedures set forth in this Subpart F.

5)         If a hearing officer determines that the registered owner was not the registered owner of the vehicle in question at the time of the alleged violations or the registered owner has already paid the outstanding fines and fees, the hearing officer shall order the Authority to release the vehicle without any costs to the registered owner.

6)         If a hearing officer determines that the registered owner was not the registered owner of the vehicle in question at the time of the alleged violations or the registered owner has not already paid the fines and any fees, the hearing officer may order the Authority to release the vehicle only upon payment in full to the Authority of any and all outstanding final order judgment totals plus all fees paid by the Authority relating to the immobilization, tow, impoundment and/or storage of the registered owner's vehicle.

7)         The Authority may contract with other public or private entities to carry out the provisions of this subsection (d). If the immobilization is performed by the State Police utilizing an Authority-owned immobilization device, an additional immobilization administrative release fee of $50 shall be applied.  If the immobilization, tow and/or impoundment is performed by another public or private entity, the additional administrative release, tow and/or storage fees shall be set by contract between the Authority and the public or private entity.

8)         Judicial review of all final orders of the Authority with respect to immobilized, towed or impounded vehicles shall be conducted in accordance with the Administrative Review Law.

(Source:  Amended at 40 Ill. Reg. 3762, effective February 25, 2016)

Section 2520.755  Liability of Lessor

No commercial entity that is the lessor of a vehicle pursuant to a written lease agreement shall be liable for the violation involving that vehicle during the period of the lease if the lessor provides a copy of the leasing agreement to the Authority within 21 days after the issue date of the Notice of Violation.  The lease agreement must inform the lessee that the lessee is liable for payment of all tolls, as well as all fines and fees incurred in connection with non-payment of tolls.  The copy of the leasing agreement must contain the name, address and driver's license number of the lessee; vehicle check-out and return dates and times; license plate number; and the vehicle make and model.  "Lessor", for purposes of this Section, includes commercial leasing and rental entities, but does not include public passenger vehicle operators.

Section 2520.760   Liability of Registered Owner

In cases in which the operator of the vehicle is not the registered vehicle owner, the establishment of ownership of the vehicle creates a rebuttable presumption that the vehicle was being operated by an agent of the registered vehicle owner.  If the registered vehicle owner liable for a violation under this Section was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator in the circuit court.  [605 ILCS 10(a-5)]

Section 2520.765  Enforcement of Final Order

The Authority may exercise any of its remedies listed under Section 2520.750, Section 10(a-5) of the Toll Highway Act and other remedies provided by law.  Those remedies will be cumulative and the exercise of any remedy does not preclude the use of any other remedy by the Authority. Any outstanding toll, fine, additional late payment fine, other sanction, or costs imposed, or part of any fine, other sanction, or costs imposed, remaining unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures under the Administrative Review Law are a debt due and owing the Authority and may be collected in accordance with applicable law.  After expiration of the period in which judicial review under the Administrative Review Law may be sought, unless stayed by a court of competent jurisdiction, a final order of the Authority may be enforced in the same manner as a judgment entered by a court of competent jurisdiction.  The Authority may, with the approval of the Attorney General, retain a law firm or law firms with expertise in the collection of government fines and debts for the purpose of collecting fines, costs, and other monies due.  [605 ILCS 10/10(a-5)]

Section 2520.770  Judicial Review

Judicial review of all final orders of the Authority shall be conducted in the Circuit Court of the county in which the administrative decision was rendered in accordance with the Administrative Review Law.

Section 2520.800  Tollway Employees

Employees of the Authority are not subject to the Illinois Civil Service Rules (80 Ill. Adm. Code 1).   Except for those employees covered by a collective bargaining agreement that provides otherwise, Authority employees are "at will" employees.

Section 2520.APPENDIX A   Rules and Regulations for Overweight and Overdimension Vehicles and Loads

I)         Over-weight Vehicles

A)        Weight restrictions are based on the Illinois Bridge Formula and are consistent with Section 15-111 of the Illinois Vehicle Code.

B)        The fee for a vehicle exceeding the limitations of 625 ILCS 5/15-111 of the Illinois Vehicle Code by not more than 30% is $35.

C)        The fee for a vehicle exceeding the limitations of 625 ILCS 5/15-111 of the Illinois Vehicle Code by more than 30% is $150.

D)        Requests for over-weight permits must be submitted to the Tollway Permit Office one day ahead (except as noted in subsection (I)(C)) of the date the vehicle is scheduled to travel on the Tollway.  Permits may also be obtained electronically using the internet.

E)        Vehicles or equipment with weights or axle spacing outside the restrictions shown in subsection (I)(A) may be approved but must be analyzed on a case by case basis.  This includes vehicles and equipment operating under their own power, such as cranes, drill rigs, concrete pumps, etc.  These permits are issued provided the vehicle or object consists of one object that cannot be reasonably disassembled or dismantled.  A request for a permit outside the weight restrictions in subsection (I)(A) must be submitted 3 days in advance of travel on the Tollway.

F)         Vehicles must have an IDOT over-weight permit number (see 92 Ill. Adm. Code 554) prior to requesting a Tollway over-weight permit.  A vehicle operated exclusively on the Toll Highway system in conjunction with a Tollway improvement project does not require an IDOT permit.

G)        Over-weight vehicles with legal dimensions may travel 24 hours a day, 7 days a week, including holidays.

H)        Equipment operated under its own power (cranes, drill rigs, pumping equipment, aerial lifts, etc.) shall be issued one permit for a round trip to one job site on the same day and over the same route.

II)        Over-length Vehicles

A)        Any vehicle that measures more than 100 feet in length or any vehicle transporting a load that measures more than 80 feet in length requires a permit based on the following requirements and information:

1)         Overall length of the vehicle and/or load, including over-hang. 

2)         The over-dimensional vehicle or load must be reasonably disassembled or dismantled. Multiple objects must be arranged side by side or stacked to minimize the over-dimension. 

3)         The location where the vehicle will enter and exit the Tollway. 

B)        Over-length vehicle permits are subject to routing.  Over-length permits must be requested one day in advance of traveling on the Tollway by calling the Tollway Permit Office. 

C)        A permit fee of $15 is charged for vehicles over 100 feet in length or loads over 80 feet in length. 

D)        Maximum vehicle length may determine the route the vehicle is to travel.  The  vehicle may be required to use rear steering.

E)        Vehicles must have an IDOT over-dimension permit (see 92 Ill. Adm. Code 554) prior to requesting a Tollway over-length permit.

F)         Escorts are required if the overall length exceeds 110 feet.

III)      Over-width Vehicles

A)        Vehicles exceeding 8 feet 6 inches but not more than 12 feet in width may be transported on the Tollway with an over-width permit.

B)        The over-dimension vehicle or load must be reasonably disassembled or dismantled. Multiple objects must be arranged side by side or stacked to minimize the over-dimension.

C)        Vehicles or loads exceeding 12 feet in width are subject to special requirements and are reviewed and approved on a case by case basis.

D)        Over-width permits can be obtained at a toll plaza or electronically using the internet.  A permit fee of $15 is charged for vehicles over 8 feet 6 inches in width.  Permits to transport loads wider than 12 feet must be requested one day in advance by calling the Tollway Permit Office.

E)        The dimensions of over-width vehicles may be restricted in construction areas.

IV)      Over-height Vehicles

A)        Vehicles exceeding 13 feet 6 inches in height, but not exceeding 14 feet 6 inches, are required to have an over-height permit.

B)        A permit fee of $15 is charged for vehicles over 13 feet 6 inches in height.  Over-height vehicle permits can be obtained at toll plazas or electronically using the internet.

C)        The absolute height for all vehicles is 14 feet 6 inches.

V)        Hours of Operation for Over-dimension Vehicles

A)        Vehicles with over-dimension permits are restricted to the following hours of operation:

1)         Monday through Saturday      ½ hour before sunrise to ½ hour after sunset

2)         Sunday                                    ½ hour before sunrise to 12:00 noon

B)        Restrictions for Over-dimension Vehicles. Over-dimension vehicles shall not be operated on the Tollway on the following holidays: 

1)         New Year's Day

2)         Memorial Day

3)         Independence Day

4)         Labor Day

5)         Thanksgiving Day

6)         Christmas Day

VI)      No Exemptions

No vehicles or equipment, including military vehicles, construction vehicles, trailers with loads, equipment, machinery and cranes used under contracts with the Tollway, IDOT, county, municipal or township governments, utility companies or railroads are exempt from the requirements of this Part.

(Source:  Amended at 35 Ill. Reg. 535, effective December 27, 2010)