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1 | AN ACT concerning transportation.
| ||||||||||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| ||||||||||||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||||||||||||||||||||||||||||||||||
5 | Sections 1-105.2, 3-400, 6-306.5, 11-208, 11-208.3, and | ||||||||||||||||||||||||||||||||||||||
6 | 11-208.8 as follows: | ||||||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/1-105.2)
| ||||||||||||||||||||||||||||||||||||||
8 | Sec. 1-105.2. Automated traffic law violation. A violation | ||||||||||||||||||||||||||||||||||||||
9 | described in Section 11-208.6, 11-208.9 , or 11-1201.1 of this | ||||||||||||||||||||||||||||||||||||||
10 | Code.
| ||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 98-556, eff. 1-1-14.)
| ||||||||||||||||||||||||||||||||||||||
12 | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| ||||||||||||||||||||||||||||||||||||||
13 | Sec. 3-400. Definitions. Notwithstanding the definitions | ||||||||||||||||||||||||||||||||||||||
14 | set forth in
Chapter 1 of this Act, for the purposes of this | ||||||||||||||||||||||||||||||||||||||
15 | Article, the following
words shall have the meaning ascribed to | ||||||||||||||||||||||||||||||||||||||
16 | them as follows:
| ||||||||||||||||||||||||||||||||||||||
17 | "Apportionable Fee" means any periodic recurring fee | ||||||||||||||||||||||||||||||||||||||
18 | required for
licensing or registering vehicles, such as, but | ||||||||||||||||||||||||||||||||||||||
19 | not limited to,
registration fees, license or weight fees.
| ||||||||||||||||||||||||||||||||||||||
20 | "Apportionable Vehicle" means any vehicle, except | ||||||||||||||||||||||||||||||||||||||
21 | recreational
vehicles, vehicles displaying restricted plates, | ||||||||||||||||||||||||||||||||||||||
22 | city pickup and delivery
vehicles, buses used in transportation |
| |||||||
| |||||||
1 | of chartered parties, and government
owned vehicles that are | ||||||
2 | used or intended for use in 2 or more member
jurisdictions that | ||||||
3 | allocate or proportionally register vehicles, in a
fleet which | ||||||
4 | is used for the transportation of persons for hire or the
| ||||||
5 | transportation of property and which has a gross vehicle weight | ||||||
6 | in excess of
26,000 pounds; or has three or more axles | ||||||
7 | regardless of weight; or is used in
combination when the weight | ||||||
8 | of such combination exceeds 26,000 pounds gross
vehicle weight. | ||||||
9 | Vehicles, or combinations having a gross vehicle weight of
| ||||||
10 | 26,000 pounds or less and two-axle vehicles may be | ||||||
11 | proportionally registered at
the option of such owner.
| ||||||
12 | "Base Jurisdiction" means, for purposes of fleet | ||||||
13 | registration, the
jurisdiction where the registrant has an | ||||||
14 | established place of business,
where operational records of the | ||||||
15 | fleet are maintained and where mileage
is accrued by the fleet. | ||||||
16 | In case a registrant operates more than one
fleet, and | ||||||
17 | maintains records for each fleet in different places, the
"base | ||||||
18 | jurisdiction" for a fleet shall be the jurisdiction where an
| ||||||
19 | established place of business is maintained, where records of | ||||||
20 | the
operation of that fleet are maintained and where mileage is | ||||||
21 | accrued by
that fleet.
| ||||||
22 | "Operational Records" means documents supporting miles | ||||||
23 | traveled in
each jurisdiction and total miles traveled, such as | ||||||
24 | fuel reports, trip
leases, and logs.
| ||||||
25 | "Owner" means a person who holds legal title of a motor | ||||||
26 | vehicle, or in the
event a motor vehicle is the subject of an |
| |||||||
| |||||||
1 | agreement for the conditional
sale or lease thereof with the | ||||||
2 | right of purchase upon performance of the
conditions stated in | ||||||
3 | the agreement and with an immediate right of
possession vested | ||||||
4 | in the conditional vendee or lessee with right of
purchase, or | ||||||
5 | in the event a mortgagor of such motor vehicle is entitled
to | ||||||
6 | possession, or in the event a lessee of such motor vehicle is
| ||||||
7 | entitled to possession or control, then such conditional vendee | ||||||
8 | or
lessee with right of purchase or mortgagor or lessee is | ||||||
9 | considered to be
the owner for the purpose of this Act.
| ||||||
10 | "Registration plate or digital registration plate cover" | ||||||
11 | means any tinted, colored, painted, marked, clear, or | ||||||
12 | illuminated object that is designed to (i) cover any of the | ||||||
13 | characters of a motor vehicle's
registration plate or digital | ||||||
14 | registration plate; or (ii) distort a recorded image of any of | ||||||
15 | the characters
of a motor vehicle's registration plate or | ||||||
16 | digital registration plate recorded by an automated | ||||||
17 | enforcement system as defined in Section 11-208.6, 11-208.8 , or | ||||||
18 | 11-1201.1 of this Code or recorded by an automated traffic | ||||||
19 | control system as defined in Section 15 of the Automated | ||||||
20 | Traffic Control Systems in Highway Construction or Maintenance | ||||||
21 | Zones Act. | ||||||
22 | "Rental Owner" means an owner principally engaged, with | ||||||
23 | respect to
one or more rental fleets, in renting to others or | ||||||
24 | offering for rental
the vehicles of such fleets, without | ||||||
25 | drivers.
| ||||||
26 | "Restricted Plates" shall include, but is not limited to, |
| |||||||
| |||||||
1 | dealer,
manufacturer, transporter, farm, repossessor, and | ||||||
2 | permanently mounted type
plates. Vehicles displaying any of | ||||||
3 | these type plates from a foreign
jurisdiction that is a member | ||||||
4 | of the International Registration Plan shall be
granted | ||||||
5 | reciprocity but shall be subject to the same limitations as | ||||||
6 | similar
plated Illinois registered vehicles.
| ||||||
7 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
8 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| ||||||
9 | (Text of Section before amendment by P.A. 101-623 )
| ||||||
10 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
11 | parking,
compliance, automated speed enforcement system, or | ||||||
12 | automated traffic law violations; suspension of driving | ||||||
13 | privileges.
| ||||||
14 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
15 | subsection (c) of
this Section, from
any municipality or county | ||||||
16 | stating that the owner of a registered vehicle: (1) has failed
| ||||||
17 | to pay any fine or penalty due and owing as a result of 10 or | ||||||
18 | more violations
of a
municipality's or county's vehicular | ||||||
19 | standing, parking, or compliance
regulations established by
| ||||||
20 | ordinance pursuant to Section 11-208.3 of this Code, (2) has | ||||||
21 | failed to pay any
fine or penalty due and owing as a result of 5 | ||||||
22 | offenses for automated speed enforcement system violations or | ||||||
23 | automated traffic
violations as defined in Sections
11-208.6, | ||||||
24 | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or | ||||||
25 | (3) is more than 14 days in default of a payment plan pursuant |
| |||||||
| |||||||
1 | to which a suspension had been terminated under subsection (c) | ||||||
2 | of this Section, the Secretary of State
shall suspend the | ||||||
3 | driving privileges of such person in accordance with the
| ||||||
4 | procedures set forth in this Section.
The Secretary shall also | ||||||
5 | suspend the driving privileges of an owner of a
registered | ||||||
6 | vehicle upon receipt of a certified report, as prescribed by
| ||||||
7 | subsection (f) of this Section, from any municipality or county | ||||||
8 | stating that such
person has failed to satisfy any fines or | ||||||
9 | penalties imposed by final judgments
for 5 or more automated | ||||||
10 | speed enforcement system or automated traffic law violations, | ||||||
11 | or combination thereof, or 10 or more violations of local | ||||||
12 | standing, parking, or
compliance regulations after
exhaustion | ||||||
13 | of judicial review procedures.
| ||||||
14 | (b) Following receipt of the certified report of the | ||||||
15 | municipality or county as
specified in this Section, the | ||||||
16 | Secretary of State shall notify the person
whose name appears | ||||||
17 | on the certified report that
the person's
drivers license will | ||||||
18 | be suspended at the end of a specified period of time
unless | ||||||
19 | the Secretary of State is presented with a notice from the
| ||||||
20 | municipality or county certifying that the fine or penalty due
| ||||||
21 | and owing the municipality or county has been paid or that | ||||||
22 | inclusion of that
person's name on the certified report was in | ||||||
23 | error. The Secretary's notice
shall state in substance the | ||||||
24 | information
contained in the municipality's or county's | ||||||
25 | certified report to the Secretary, and
shall be effective as | ||||||
26 | specified by subsection (c) of Section 6-211 of this
Code.
|
| |||||||
| |||||||
1 | (c) The report of the appropriate municipal or county | ||||||
2 | official notifying the
Secretary of State of unpaid fines or | ||||||
3 | penalties pursuant to this Section
shall be certified and shall | ||||||
4 | contain the following:
| ||||||
5 | (1) The name, last known address as recorded with the | ||||||
6 | Secretary of State, as provided by the lessor of the cited | ||||||
7 | vehicle at the time of lease, or as recorded in a United | ||||||
8 | States Post Office approved database if any notice sent | ||||||
9 | under Section 11-208.3 of this Code is returned as | ||||||
10 | undeliverable, and drivers license number of the
person who | ||||||
11 | failed to pay the fine or
penalty or who has defaulted in a | ||||||
12 | payment plan and the registration number of any vehicle | ||||||
13 | known to be registered
to such person in this State.
| ||||||
14 | (2) The name of the municipality or county making the | ||||||
15 | report pursuant to this
Section.
| ||||||
16 | (3) A statement that the municipality or county sent a | ||||||
17 | notice of impending
drivers license suspension as | ||||||
18 | prescribed by ordinance enacted
pursuant to Section | ||||||
19 | 11-208.3 of this Code or a notice of default in a payment | ||||||
20 | plan, to the person named in the report at the
address | ||||||
21 | recorded with the Secretary of State or at the last address | ||||||
22 | known to the lessor of the cited vehicle at the time of | ||||||
23 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
24 | Code is returned as undeliverable, at the last known | ||||||
25 | address recorded in a United States Post Office approved | ||||||
26 | database; the date on which such
notice was sent; and the |
| |||||||
| |||||||
1 | address to which such notice was sent.
In a municipality or | ||||||
2 | county with a population of 1,000,000 or more, the report | ||||||
3 | shall
also include a statement that the alleged violator's | ||||||
4 | State vehicle registration
number and vehicle make, if | ||||||
5 | specified on the automated speed enforcement system | ||||||
6 | violation or automated traffic law violation notice, are | ||||||
7 | correct as they appear on the citations. | ||||||
8 | (4) A unique identifying reference number for each | ||||||
9 | request of suspension sent whenever a person has failed to | ||||||
10 | pay the fine or penalty or has defaulted on a payment plan.
| ||||||
11 | (d) Any municipality or county making a certified report to | ||||||
12 | the Secretary of State
pursuant to this Section
shall notify | ||||||
13 | the Secretary of State, in a form prescribed by the
Secretary, | ||||||
14 | whenever a person named in the certified report has paid the
| ||||||
15 | previously reported fine or penalty, whenever a person named in | ||||||
16 | the certified report has entered into a payment plan pursuant | ||||||
17 | to which the municipality or county has agreed to terminate the | ||||||
18 | suspension, or whenever the municipality or county determines
| ||||||
19 | that the original report was in error. A certified copy of such
| ||||||
20 | notification shall also be given upon request and at no | ||||||
21 | additional charge
to the person named therein. Upon receipt of | ||||||
22 | the municipality's or county's
notification or presentation of | ||||||
23 | a certified copy of such notification, the
Secretary of State | ||||||
24 | shall terminate the suspension.
| ||||||
25 | (e) Any municipality or county making a certified report to | ||||||
26 | the Secretary of State
pursuant to this Section
shall also by |
| |||||||
| |||||||
1 | ordinance establish procedures for persons to
challenge the | ||||||
2 | accuracy of the certified report. The ordinance shall also
| ||||||
3 | state the grounds for such a challenge, which may be limited to | ||||||
4 | (1) the
person not having been the owner or lessee of the | ||||||
5 | vehicle or vehicles
receiving 10 or more standing, parking, or | ||||||
6 | compliance
violation notices or a combination of 5 or more | ||||||
7 | automated speed enforcement system or automated traffic law | ||||||
8 | violations on the date or dates such notices were issued; and | ||||||
9 | (2) the
person
having already paid the fine or penalty for the | ||||||
10 | 10 or more standing, parking, or compliance violations or | ||||||
11 | combination of 5 or more automated speed enforcement system or | ||||||
12 | automated traffic law violations
indicated on the certified | ||||||
13 | report.
| ||||||
14 | (f) Any municipality or county, other than a municipality | ||||||
15 | or county establishing vehicular
standing, parking, and | ||||||
16 | compliance regulations pursuant to
Section 11-208.3, automated | ||||||
17 | speed enforcement system regulations under Section 11-208.8, | ||||||
18 | or automated traffic law regulations under Section 11-208.6, | ||||||
19 | 11-208.9, or 11-1201.1, may also
cause a suspension of a | ||||||
20 | person's drivers license pursuant to this Section.
Such | ||||||
21 | municipality or county may invoke this sanction by making a | ||||||
22 | certified report to
the Secretary of State upon a person's | ||||||
23 | failure to satisfy any fine or
penalty imposed by final | ||||||
24 | judgment for 10 or more violations of local
standing, parking, | ||||||
25 | or compliance regulations or a combination of 5 or more | ||||||
26 | automated speed enforcement system or automated traffic law |
| |||||||
| |||||||
1 | violations after exhaustion
of judicial review
procedures, but | ||||||
2 | only if:
| ||||||
3 | (1) the municipality or county complies with the | ||||||
4 | provisions of this Section in all
respects except in regard | ||||||
5 | to enacting an ordinance pursuant to Section
11-208.3;
| ||||||
6 | (2) the municipality or county has sent a notice of | ||||||
7 | impending
drivers license suspension as prescribed by an | ||||||
8 | ordinance enacted pursuant to
subsection (g) of this | ||||||
9 | Section; and
| ||||||
10 | (3) in municipalities or counties with a population of | ||||||
11 | 1,000,000 or more, the
municipality or county
has verified | ||||||
12 | that the alleged violator's State vehicle registration | ||||||
13 | number and
vehicle make are correct as they appear on the | ||||||
14 | citations.
| ||||||
15 | (g) Any municipality or county, other than a municipality | ||||||
16 | or county establishing
standing, parking, and compliance | ||||||
17 | regulations pursuant to
Section 11-208.3, automated speed | ||||||
18 | enforcement system regulations under Section 11-208.8, or | ||||||
19 | automated traffic law regulations under Section 11-208.6, | ||||||
20 | 11-208.9, or 11-1201.1, may provide by
ordinance for the | ||||||
21 | sending of a notice of impending
drivers license suspension to | ||||||
22 | the person who has failed to satisfy any fine
or penalty | ||||||
23 | imposed by final judgment for 10 or more violations of local
| ||||||
24 | standing, parking, or compliance regulations or a combination | ||||||
25 | of 5 or more automated speed enforcement system or automated | ||||||
26 | traffic law violations after exhaustion
of
judicial review
|
| |||||||
| |||||||
1 | procedures. An ordinance so providing shall specify that the | ||||||
2 | notice
sent to the person liable for any fine or penalty
shall | ||||||
3 | state that failure to pay the fine or
penalty owing within 45 | ||||||
4 | days of the notice's date will result in the
municipality or | ||||||
5 | county notifying the Secretary of State that
the person's | ||||||
6 | drivers license is eligible for suspension pursuant to this
| ||||||
7 | Section.
The notice of impending drivers license suspension
| ||||||
8 | shall be sent by first class United States mail, postage | ||||||
9 | prepaid, to the
address
recorded with the Secretary of State or | ||||||
10 | at the last address known to the lessor of the cited vehicle at | ||||||
11 | the time of lease or, if any notice sent under Section 11-208.3 | ||||||
12 | of this Code is returned as undeliverable, to the last known | ||||||
13 | address recorded in a United States Post Office approved | ||||||
14 | database.
| ||||||
15 | (h) An administrative hearing to contest an impending | ||||||
16 | suspension or a
suspension made pursuant to this Section may be | ||||||
17 | had upon filing a written
request with the Secretary of State. | ||||||
18 | The filing fee for this hearing shall
be $20, to be paid at the | ||||||
19 | time the request is made.
A municipality or county which files | ||||||
20 | a certified report with the Secretary of
State pursuant to this | ||||||
21 | Section shall reimburse the Secretary for all
reasonable costs | ||||||
22 | incurred by the Secretary as a result of the filing of the
| ||||||
23 | report, including but not limited to the costs of providing the | ||||||
24 | notice
required pursuant to subsection (b) and the costs | ||||||
25 | incurred by the Secretary
in any hearing conducted with respect | ||||||
26 | to the report pursuant to this
subsection and any appeal from |
| |||||||
| |||||||
1 | such a hearing.
| ||||||
2 | (i) The provisions of this Section shall apply on and after | ||||||
3 | January 1, 1988.
| ||||||
4 | (j) For purposes of this Section, the term "compliance | ||||||
5 | violation" is
defined as in Section 11-208.3.
| ||||||
6 | (Source: P.A. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12; | ||||||
7 | 98-556, eff. 1-1-14.)
| ||||||
8 | (Text of Section after amendment by P.A. 101-623 )
| ||||||
9 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
10 | parking,
compliance, automated speed enforcement system, or | ||||||
11 | automated traffic law violations; suspension of driving | ||||||
12 | privileges.
| ||||||
13 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
14 | subsection (c) of
this Section, from
any municipality or county | ||||||
15 | stating that the owner of a registered vehicle has failed to | ||||||
16 | pay any
fine or penalty due and owing as a result of 5 offenses | ||||||
17 | for automated speed enforcement system violations or automated | ||||||
18 | traffic
violations as defined in Section Sections
11-208.6, | ||||||
19 | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or | ||||||
20 | (3) is more than 14 days in default of a payment plan pursuant | ||||||
21 | to which a suspension had been terminated under subsection (c) | ||||||
22 | of this Section, the Secretary of State
shall suspend the | ||||||
23 | driving privileges of such person in accordance with the
| ||||||
24 | procedures set forth in this Section.
The Secretary shall also | ||||||
25 | suspend the driving privileges of an owner of a
registered |
| |||||||
| |||||||
1 | vehicle upon receipt of a certified report, as prescribed by
| ||||||
2 | subsection (f) of this Section, from any municipality or county | ||||||
3 | stating that such
person has failed to satisfy any fines or | ||||||
4 | penalties imposed by final judgments
for 5 or more automated | ||||||
5 | speed enforcement system or automated traffic law violations, | ||||||
6 | or combination thereof, after
exhaustion of judicial review | ||||||
7 | procedures.
| ||||||
8 | (b) Following receipt of the certified report of the | ||||||
9 | municipality or county as
specified in this Section, the | ||||||
10 | Secretary of State shall notify the person
whose name appears | ||||||
11 | on the certified report that
the person's
drivers license will | ||||||
12 | be suspended at the end of a specified period of time
unless | ||||||
13 | the Secretary of State is presented with a notice from the
| ||||||
14 | municipality or county certifying that the fine or penalty due
| ||||||
15 | and owing the municipality or county has been paid or that | ||||||
16 | inclusion of that
person's name on the certified report was in | ||||||
17 | error. The Secretary's notice
shall state in substance the | ||||||
18 | information
contained in the municipality's or county's | ||||||
19 | certified report to the Secretary, and
shall be effective as | ||||||
20 | specified by subsection (c) of Section 6-211 of this
Code.
| ||||||
21 | (c) The report of the appropriate municipal or county | ||||||
22 | official notifying the
Secretary of State of unpaid fines or | ||||||
23 | penalties pursuant to this Section
shall be certified and shall | ||||||
24 | contain the following:
| ||||||
25 | (1) The name, last known address as recorded with the | ||||||
26 | Secretary of State, as provided by the lessor of the cited |
| |||||||
| |||||||
1 | vehicle at the time of lease, or as recorded in a United | ||||||
2 | States Post Office approved database if any notice sent | ||||||
3 | under Section 11-208.3 of this Code is returned as | ||||||
4 | undeliverable, and drivers license number of the
person who | ||||||
5 | failed to pay the fine or
penalty or who has defaulted in a | ||||||
6 | payment plan and the registration number of any vehicle | ||||||
7 | known to be registered
to such person in this State.
| ||||||
8 | (2) The name of the municipality or county making the | ||||||
9 | report pursuant to this
Section.
| ||||||
10 | (3) A statement that the municipality or county sent a | ||||||
11 | notice of impending
drivers license suspension as | ||||||
12 | prescribed by ordinance enacted
pursuant to Section | ||||||
13 | 11-208.3 of this Code or a notice of default in a payment | ||||||
14 | plan, to the person named in the report at the
address | ||||||
15 | recorded with the Secretary of State or at the last address | ||||||
16 | known to the lessor of the cited vehicle at the time of | ||||||
17 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
18 | Code is returned as undeliverable, at the last known | ||||||
19 | address recorded in a United States Post Office approved | ||||||
20 | database; the date on which such
notice was sent; and the | ||||||
21 | address to which such notice was sent.
In a municipality or | ||||||
22 | county with a population of 1,000,000 or more, the report | ||||||
23 | shall
also include a statement that the alleged violator's | ||||||
24 | State vehicle registration
number and vehicle make, if | ||||||
25 | specified on the automated speed enforcement system | ||||||
26 | violation or automated traffic law violation notice, are |
| |||||||
| |||||||
1 | correct as they appear on the citations. | ||||||
2 | (4) A unique identifying reference number for each | ||||||
3 | request of suspension sent whenever a person has failed to | ||||||
4 | pay the fine or penalty or has defaulted on a payment plan.
| ||||||
5 | (d) Any municipality or county making a certified report to | ||||||
6 | the Secretary of State
pursuant to this Section
shall notify | ||||||
7 | the Secretary of State, in a form prescribed by the
Secretary, | ||||||
8 | whenever a person named in the certified report has paid the
| ||||||
9 | previously reported fine or penalty, whenever a person named in | ||||||
10 | the certified report has entered into a payment plan pursuant | ||||||
11 | to which the municipality or county has agreed to terminate the | ||||||
12 | suspension, or whenever the municipality or county determines
| ||||||
13 | that the original report was in error. A certified copy of such
| ||||||
14 | notification shall also be given upon request and at no | ||||||
15 | additional charge
to the person named therein. Upon receipt of | ||||||
16 | the municipality's or county's
notification or presentation of | ||||||
17 | a certified copy of such notification, the
Secretary of State | ||||||
18 | shall terminate the suspension.
| ||||||
19 | (e) Any municipality or county making a certified report to | ||||||
20 | the Secretary of State
pursuant to this Section
shall also by | ||||||
21 | ordinance establish procedures for persons to
challenge the | ||||||
22 | accuracy of the certified report. The ordinance shall also
| ||||||
23 | state the grounds for such a challenge, which may be limited to | ||||||
24 | (1) the
person not having been the owner or lessee of the | ||||||
25 | vehicle or vehicles
receiving a combination of 5 or more | ||||||
26 | automated speed enforcement system or automated traffic law |
| |||||||
| |||||||
1 | violations on the date or dates such notices were issued; and | ||||||
2 | (2) the
person
having already paid the fine or penalty for the | ||||||
3 | combination of 5 or more automated speed enforcement system or | ||||||
4 | automated traffic law violations
indicated on the certified | ||||||
5 | report.
| ||||||
6 | (f) Any municipality or county, other than a municipality | ||||||
7 | or county establishing automated speed enforcement system | ||||||
8 | regulations under Section 11-208.8, or automated traffic law | ||||||
9 | regulations under Section 11-208.6, 11-208.9 , or 11-1201.1, | ||||||
10 | may also
cause a suspension of a person's drivers license | ||||||
11 | pursuant to this Section.
Such municipality or county may | ||||||
12 | invoke this sanction by making a certified report to
the | ||||||
13 | Secretary of State upon a person's failure to satisfy any fine | ||||||
14 | or
penalty imposed by final judgment for a combination of 5 or | ||||||
15 | more automated speed enforcement system or automated traffic | ||||||
16 | law violations after exhaustion
of judicial review
procedures, | ||||||
17 | but only if:
| ||||||
18 | (1) the municipality or county complies with the | ||||||
19 | provisions of this Section in all
respects except in regard | ||||||
20 | to enacting an ordinance pursuant to Section
11-208.3;
| ||||||
21 | (2) the municipality or county has sent a notice of | ||||||
22 | impending
drivers license suspension as prescribed by an | ||||||
23 | ordinance enacted pursuant to
subsection (g) of this | ||||||
24 | Section; and
| ||||||
25 | (3) in municipalities or counties with a population of | ||||||
26 | 1,000,000 or more, the
municipality or county
has verified |
| |||||||
| |||||||
1 | that the alleged violator's State vehicle registration | ||||||
2 | number and
vehicle make are correct as they appear on the | ||||||
3 | citations.
| ||||||
4 | (g) Any municipality or county, other than a municipality | ||||||
5 | or county establishing
automated speed enforcement system | ||||||
6 | regulations under Section 11-208.8, or automated traffic law | ||||||
7 | regulations under Section 11-208.6, 11-208.9 , or 11-1201.1, | ||||||
8 | may provide by
ordinance for the sending of a notice of | ||||||
9 | impending
drivers license suspension to the person who has | ||||||
10 | failed to satisfy any fine
or penalty imposed by final judgment | ||||||
11 | for a combination of 5 or more automated speed enforcement | ||||||
12 | system or automated traffic law violations after exhaustion
of
| ||||||
13 | judicial review
procedures. An ordinance so providing shall | ||||||
14 | specify that the notice
sent to the person liable for any fine | ||||||
15 | or penalty
shall state that failure to pay the fine or
penalty | ||||||
16 | owing within 45 days of the notice's date will result in the
| ||||||
17 | municipality or county notifying the Secretary of State that
| ||||||
18 | the person's drivers license is eligible for suspension | ||||||
19 | pursuant to this
Section.
The notice of impending drivers | ||||||
20 | license suspension
shall be sent by first class United States | ||||||
21 | mail, postage prepaid, to the
address
recorded with the | ||||||
22 | Secretary of State or at the last address known to the lessor | ||||||
23 | of the cited vehicle at the time of lease or, if any notice | ||||||
24 | sent under Section 11-208.3 of this Code is returned as | ||||||
25 | undeliverable, to the last known address recorded in a United | ||||||
26 | States Post Office approved database.
|
| |||||||
| |||||||
1 | (h) An administrative hearing to contest an impending | ||||||
2 | suspension or a
suspension made pursuant to this Section may be | ||||||
3 | had upon filing a written
request with the Secretary of State. | ||||||
4 | The filing fee for this hearing shall
be $20, to be paid at the | ||||||
5 | time the request is made.
A municipality or county which files | ||||||
6 | a certified report with the Secretary of
State pursuant to this | ||||||
7 | Section shall reimburse the Secretary for all
reasonable costs | ||||||
8 | incurred by the Secretary as a result of the filing of the
| ||||||
9 | report, including but not limited to the costs of providing the | ||||||
10 | notice
required pursuant to subsection (b) and the costs | ||||||
11 | incurred by the Secretary
in any hearing conducted with respect | ||||||
12 | to the report pursuant to this
subsection and any appeal from | ||||||
13 | such a hearing.
| ||||||
14 | (i) The provisions of this Section shall apply on and after | ||||||
15 | January 1, 1988.
| ||||||
16 | (j) For purposes of this Section, the term "compliance | ||||||
17 | violation" is
defined as in Section 11-208.3.
| ||||||
18 | (Source: P.A. 101-623, eff. 7-1-20.)
| ||||||
19 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| ||||||
20 | Sec. 11-208. Powers of local authorities.
| ||||||
21 | (a) The provisions of this Code shall not be deemed to | ||||||
22 | prevent
local authorities with respect to streets and highways | ||||||
23 | under their
jurisdiction and within the reasonable exercise of | ||||||
24 | the police power from:
| ||||||
25 | 1. Regulating the standing or parking of vehicles, |
| |||||||
| |||||||
1 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
2 | Act;
| ||||||
3 | 2. Regulating traffic by means of police officers or | ||||||
4 | traffic control
signals;
| ||||||
5 | 3. Regulating or prohibiting processions or | ||||||
6 | assemblages on the highways; and certifying persons to | ||||||
7 | control traffic for processions or assemblages;
| ||||||
8 | 4. Designating particular highways as one-way highways | ||||||
9 | and requiring that
all vehicles thereon be moved in one | ||||||
10 | specific direction;
| ||||||
11 | 5. Regulating the speed of vehicles in public parks | ||||||
12 | subject to the
limitations set forth in Section 11-604;
| ||||||
13 | 6. Designating any highway as a through highway, as | ||||||
14 | authorized in Section
11-302, and requiring that all | ||||||
15 | vehicles stop before entering or crossing
the same or | ||||||
16 | designating any intersection as a stop intersection or a | ||||||
17 | yield
right-of-way intersection and requiring all vehicles | ||||||
18 | to stop or yield the
right-of-way at one or more entrances | ||||||
19 | to such intersections;
| ||||||
20 | 7. Restricting the use of highways as authorized in | ||||||
21 | Chapter 15;
| ||||||
22 | 8. Regulating the operation of mobile carrying | ||||||
23 | devices, bicycles, low-speed electric bicycles, and | ||||||
24 | low-speed gas bicycles, and requiring the
registration and | ||||||
25 | licensing of same, including the requirement of a
| ||||||
26 | registration fee;
|
| |||||||
| |||||||
1 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
2 | specified
types of vehicles at intersections;
| ||||||
3 | 10. Altering the speed limits as authorized in Section | ||||||
4 | 11-604;
| ||||||
5 | 11. Prohibiting U-turns;
| ||||||
6 | 12. Prohibiting pedestrian crossings at other than | ||||||
7 | designated and marked
crosswalks or at intersections;
| ||||||
8 | 13. Prohibiting parking during snow removal operation;
| ||||||
9 | 14. Imposing fines in accordance with Section | ||||||
10 | 11-1301.3 as penalties
for use of any parking place | ||||||
11 | reserved for persons with disabilities, as defined
by | ||||||
12 | Section 1-159.1, or veterans with disabilities by any | ||||||
13 | person using a motor
vehicle not bearing registration | ||||||
14 | plates specified in Section 11-1301.1
or a special decal or | ||||||
15 | device as defined in Section 11-1301.2
as evidence that the | ||||||
16 | vehicle is operated by or for a person
with disabilities or | ||||||
17 | a veteran with a disability;
| ||||||
18 | 15. Adopting such other traffic regulations as are | ||||||
19 | specifically
authorized by this Code; or
| ||||||
20 | 16. Enforcing the provisions of subsection (f) of | ||||||
21 | Section 3-413 of this
Code or a similar local ordinance.
| ||||||
22 | (b) No ordinance or regulation enacted under paragraph 1, | ||||||
23 | 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective | ||||||
24 | until signs giving
reasonable notice of such local traffic | ||||||
25 | regulations are posted.
| ||||||
26 | (c) The provisions of this Code shall not prevent any
|
| |||||||
| |||||||
1 | municipality having a population of 500,000 or more inhabitants | ||||||
2 | from
prohibiting any person from driving or operating any motor | ||||||
3 | vehicle upon
the roadways of such municipality with headlamps | ||||||
4 | on high beam or bright.
| ||||||
5 | (d) The provisions of this Code shall not be deemed to | ||||||
6 | prevent local
authorities within the reasonable exercise of | ||||||
7 | their police power from
prohibiting, on private property, the | ||||||
8 | unauthorized use of parking spaces
reserved for persons with | ||||||
9 | disabilities.
| ||||||
10 | (e) No unit of local government, including a home rule | ||||||
11 | unit, may enact or
enforce an ordinance that applies only to | ||||||
12 | motorcycles if the principal purpose
for that ordinance is to | ||||||
13 | restrict the access of motorcycles to any highway or
portion of | ||||||
14 | a highway for which federal or State funds have been used for | ||||||
15 | the
planning, design, construction, or maintenance of that | ||||||
16 | highway. No unit of
local government, including a home rule | ||||||
17 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
18 | protective headgear. Nothing in this subsection
(e) shall | ||||||
19 | affect the authority of a unit of local government to regulate
| ||||||
20 | motorcycles for traffic control purposes or in accordance with | ||||||
21 | Section 12-602
of this Code. No unit of local government, | ||||||
22 | including a home rule unit, may
regulate motorcycles in a | ||||||
23 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
24 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
25 | the
Illinois Constitution on the concurrent exercise by home | ||||||
26 | rule units of powers
and functions exercised by the State.
|
| |||||||
| |||||||
1 | (e-5) The City of Chicago may enact an ordinance providing | ||||||
2 | for a noise monitoring system upon any portion of the roadway | ||||||
3 | known as Lake Shore Drive. Twelve months after the installation | ||||||
4 | of the noise monitoring system, and any time after the first | ||||||
5 | report as the City deems necessary, the City of Chicago shall | ||||||
6 | prepare a noise monitoring report with the data collected from | ||||||
7 | the system and shall, upon request, make the report available | ||||||
8 | to the public. For purposes of this subsection (e-5), "noise | ||||||
9 | monitoring system" means an automated noise monitor capable of | ||||||
10 | recording noise levels 24 hours per day and 365 days per year | ||||||
11 | with computer equipment sufficient to process the data. | ||||||
12 | (e-10) A unit of local government, including a home rule | ||||||
13 | unit, may not enact an ordinance prohibiting the use of | ||||||
14 | Automated Driving System equipped vehicles on its roadways. | ||||||
15 | Nothing in this subsection (e-10) shall affect the authority of | ||||||
16 | a unit of local government to regulate Automated Driving System | ||||||
17 | equipped vehicles for traffic control purposes. No unit of | ||||||
18 | local government, including a home rule unit, may regulate | ||||||
19 | Automated Driving System equipped vehicles in a manner | ||||||
20 | inconsistent with this Code. For purposes of this subsection | ||||||
21 | (e-10), "Automated Driving System equipped vehicle" means any | ||||||
22 | vehicle equipped with an Automated Driving System of hardware | ||||||
23 | and software that are collectively capable of performing the | ||||||
24 | entire dynamic driving task on a sustained basis, regardless of | ||||||
25 | whether it is limited to a specific operational domain. This | ||||||
26 | subsection (e-10) is a limitation under subsection (i) of |
| |||||||
| |||||||
1 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
2 | concurrent exercise by home rule units of powers and functions | ||||||
3 | exercised by the State. | ||||||
4 | (f) No unit of local government, including a home rule | ||||||
5 | unit, A municipality or county designated in Section 11-208.6 | ||||||
6 | may enact or enforce an ordinance providing for an
automated | ||||||
7 | traffic law enforcement system to enforce violations of Section | ||||||
8 | 11-306 of this Code or
a similar provision of a local ordinance | ||||||
9 | and imposing liability on a registered owner or lessee of a | ||||||
10 | vehicle used in such a violation. For purposes of this | ||||||
11 | subsection (f), "automated traffic law enforcement system" | ||||||
12 | means a device with one or more motor vehicle sensors working | ||||||
13 | in conjunction with a red light signal to produce recorded | ||||||
14 | images of motor vehicles entering into an intersection against | ||||||
15 | a red signal indication in violation of Section 11-306 of this | ||||||
16 | Code or a similar provision of a local ordinance. This | ||||||
17 | subsection (f) is a denial and limitation of home rule powers | ||||||
18 | and functions under subsection (g) of Section 6 of Article VII | ||||||
19 | of the Illinois Constitution.
| ||||||
20 | (g) A municipality or county, as provided in Section | ||||||
21 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
22 | traffic law enforcement system to enforce violations of Section | ||||||
23 | 11-1201 of this Code or a similar provision of a local | ||||||
24 | ordinance and imposing liability on a registered owner of a | ||||||
25 | vehicle used in such a violation.
| ||||||
26 | (h) A municipality designated in Section 11-208.8 may enact |
| |||||||
| |||||||
1 | an ordinance providing for an
automated speed enforcement | ||||||
2 | system to enforce violations of Article VI of Chapter 11 of | ||||||
3 | this Code or a similar provision of a local ordinance. | ||||||
4 | (i) A municipality or county designated in Section 11-208.9 | ||||||
5 | may enact an ordinance providing for an
automated traffic law | ||||||
6 | enforcement system to enforce violations of Section 11-1414 of | ||||||
7 | this Code or
a similar provision of a local ordinance and | ||||||
8 | imposing liability on a registered owner or lessee of a vehicle | ||||||
9 | used in such a violation. | ||||||
10 | (Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; | ||||||
11 | 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. | ||||||
12 | 7-26-19.)
| ||||||
13 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||||||
14 | (Text of Section before amendment by P.A. 101-623 )
| ||||||
15 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
16 | of traffic
regulations concerning the standing, parking, or | ||||||
17 | condition of
vehicles, automated traffic law violations, and | ||||||
18 | automated speed enforcement system violations.
| ||||||
19 | (a) Any municipality or county may provide by ordinance for | ||||||
20 | a system of
administrative adjudication of vehicular standing | ||||||
21 | and parking violations and
vehicle compliance violations as | ||||||
22 | described in this subsection, automated traffic law violations | ||||||
23 | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | ||||||
24 | automated speed enforcement system violations as defined in | ||||||
25 | Section 11-208.8.
The administrative system shall have as its |
| |||||||
| |||||||
1 | purpose the fair and
efficient enforcement of municipal or | ||||||
2 | county regulations through the
administrative adjudication of | ||||||
3 | automated speed enforcement system or automated traffic law | ||||||
4 | violations and violations of municipal or county ordinances
| ||||||
5 | regulating the standing and parking of vehicles, the condition | ||||||
6 | and use of
vehicle equipment, and the display of municipal or | ||||||
7 | county wheel tax licenses within the
municipality's
or county's | ||||||
8 | borders. The administrative system shall only have authority to | ||||||
9 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
10 | or requiring the completion of a traffic education program, or | ||||||
11 | both, that occur after the
effective date of the ordinance | ||||||
12 | adopting such a system under this Section.
For purposes of this | ||||||
13 | Section, "compliance violation" means a violation of a
| ||||||
14 | municipal or county regulation governing the condition or use | ||||||
15 | of equipment on a vehicle
or governing the display of a | ||||||
16 | municipal or county wheel tax license.
| ||||||
17 | (b) Any ordinance establishing a system of administrative | ||||||
18 | adjudication
under this Section shall provide for:
| ||||||
19 | (1) A traffic compliance administrator authorized to
| ||||||
20 | adopt, distribute , and
process parking, compliance, and | ||||||
21 | automated speed enforcement system or automated traffic | ||||||
22 | law violation notices and other notices required
by this
| ||||||
23 | Section, collect money paid as fines and penalties for | ||||||
24 | violation of parking
and compliance
ordinances and | ||||||
25 | automated speed enforcement system or automated traffic | ||||||
26 | law violations, and operate an administrative adjudication |
| |||||||
| |||||||
1 | system. The traffic
compliance
administrator also may make | ||||||
2 | a certified report to the Secretary of State
under Section | ||||||
3 | 6-306.5.
| ||||||
4 | (2) A parking, standing, compliance, automated speed | ||||||
5 | enforcement system, or automated traffic law violation | ||||||
6 | notice
that
shall specify or include the date,
time, and | ||||||
7 | place of violation of a parking, standing,
compliance, | ||||||
8 | automated speed enforcement system, or automated traffic | ||||||
9 | law
regulation; the particular regulation
violated; any | ||||||
10 | requirement to complete a traffic education program; the | ||||||
11 | fine and any penalty that may be assessed for late payment | ||||||
12 | or failure to complete a required traffic education | ||||||
13 | program, or both,
when so provided by ordinance; the | ||||||
14 | vehicle make or a photograph of the vehicle; the state | ||||||
15 | registration
number of the vehicle; and the identification | ||||||
16 | number of the
person issuing the notice.
With regard to | ||||||
17 | automated speed enforcement system or automated traffic | ||||||
18 | law violations, vehicle make shall be specified on the | ||||||
19 | automated speed enforcement system or automated traffic | ||||||
20 | law violation notice if the notice does not include a | ||||||
21 | photograph of the vehicle and the make is available and | ||||||
22 | readily discernible. With regard to municipalities or | ||||||
23 | counties with a population of 1 million or more, it
shall | ||||||
24 | be grounds for
dismissal of a parking
violation if the | ||||||
25 | state registration number or vehicle make specified is
| ||||||
26 | incorrect. The violation notice shall state that the |
| |||||||
| |||||||
1 | completion of any required traffic education program, the | ||||||
2 | payment of any indicated
fine, and the payment of any | ||||||
3 | applicable penalty for late payment or failure to complete | ||||||
4 | a required traffic education program, or both, shall | ||||||
5 | operate as a
final disposition of the violation. The notice | ||||||
6 | also shall contain
information as to the availability of a | ||||||
7 | hearing in which the violation may
be contested on its | ||||||
8 | merits. The violation notice shall specify the
time and | ||||||
9 | manner in which a hearing may be had.
| ||||||
10 | (3) Service of a parking, standing, or compliance
| ||||||
11 | violation notice by: (i) affixing the
original or a | ||||||
12 | facsimile of the notice to an unlawfully parked or standing | ||||||
13 | vehicle; (ii)
handing the notice to the operator of a | ||||||
14 | vehicle if he or she is
present; or (iii) mailing the | ||||||
15 | notice to the address of the registered owner or lessee of | ||||||
16 | the cited vehicle as recorded with the Secretary of State | ||||||
17 | or the lessor of the motor vehicle within 30 days after the | ||||||
18 | Secretary of State or the lessor of the motor vehicle | ||||||
19 | notifies the municipality or county of the identity of the | ||||||
20 | owner or lessee of the vehicle, but not later than 90 days | ||||||
21 | after the date of the violation, except that in the case of | ||||||
22 | a lessee of a motor vehicle, service of a parking, | ||||||
23 | standing, or compliance violation notice may occur no later | ||||||
24 | than 210 days after the violation; and service of an | ||||||
25 | automated speed enforcement system or automated traffic | ||||||
26 | law violation notice by mail to the
address
of the |
| |||||||
| |||||||
1 | registered owner or lessee of the cited vehicle as recorded | ||||||
2 | with the Secretary of
State or the lessor of the motor | ||||||
3 | vehicle within 30 days after the Secretary of State or the | ||||||
4 | lessor of the motor vehicle notifies the municipality or | ||||||
5 | county of the identity of the owner or lessee of the | ||||||
6 | vehicle, but not later than 90 days after the violation, | ||||||
7 | except that in the case of a lessee of a motor vehicle, | ||||||
8 | service of an automated traffic law violation notice may | ||||||
9 | occur no later than 210 days after the violation. A person | ||||||
10 | authorized by ordinance to issue and serve parking,
| ||||||
11 | standing, and compliance
violation notices shall certify | ||||||
12 | as to the correctness of the facts entered
on the violation | ||||||
13 | notice by signing his or her name to the notice at
the time | ||||||
14 | of service or , in the case of a notice produced by a | ||||||
15 | computerized
device, by signing a single certificate to be | ||||||
16 | kept by the traffic
compliance
administrator attesting to | ||||||
17 | the correctness of all notices produced by the
device while | ||||||
18 | it was under his or her control. In the case of an | ||||||
19 | automated traffic law violation, the ordinance shall
| ||||||
20 | require
a
determination by a technician employed or | ||||||
21 | contracted by the municipality or county that,
based on | ||||||
22 | inspection of recorded images, the motor vehicle was being | ||||||
23 | operated in
violation of Section 11-208.6, 11-208.9, or | ||||||
24 | 11-1201.1 or a local ordinance.
If the technician | ||||||
25 | determines that the
vehicle entered the intersection as | ||||||
26 | part of a funeral procession or in order to
yield the |
| |||||||
| |||||||
1 | right-of-way to an emergency vehicle, a citation shall not | ||||||
2 | be issued. In municipalities with a population of less than | ||||||
3 | 1,000,000 inhabitants and counties with a population of | ||||||
4 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
5 | ordinance shall require that all determinations by a | ||||||
6 | technician that a motor vehicle was being operated in
| ||||||
7 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||||||
8 | local ordinance must be reviewed and approved by a law | ||||||
9 | enforcement officer or retired law enforcement officer of | ||||||
10 | the municipality or county issuing the violation. In | ||||||
11 | municipalities with a population of 1,000,000 or more | ||||||
12 | inhabitants and counties with a population of 3,000,000 or | ||||||
13 | more inhabitants, the automated traffic law ordinance | ||||||
14 | shall require that all determinations by a technician that | ||||||
15 | a motor vehicle was being operated in
violation of Section | ||||||
16 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||||||
17 | be reviewed and approved by a law enforcement officer or | ||||||
18 | retired law enforcement officer of the municipality or | ||||||
19 | county issuing the violation or by an additional fully | ||||||
20 | trained fully-trained reviewing technician who is not | ||||||
21 | employed by the contractor who employs the technician who | ||||||
22 | made the initial determination. In the case of an automated | ||||||
23 | speed enforcement system violation, the ordinance shall | ||||||
24 | require a determination by a technician employed by the | ||||||
25 | municipality, based upon an inspection of recorded images, | ||||||
26 | video or other documentation, including documentation of |
| |||||||
| |||||||
1 | the speed limit and automated speed enforcement signage, | ||||||
2 | and documentation of the inspection, calibration, and | ||||||
3 | certification of the speed equipment, that the vehicle was | ||||||
4 | being operated in violation of Article VI of Chapter 11 of | ||||||
5 | this Code or a similar local ordinance. If the technician | ||||||
6 | determines that the vehicle speed was not determined by a | ||||||
7 | calibrated, certified speed equipment device based upon | ||||||
8 | the speed equipment documentation, or if the vehicle was an | ||||||
9 | emergency vehicle, a citation may not be issued. The | ||||||
10 | automated speed enforcement ordinance shall require that | ||||||
11 | all determinations by a technician that a violation | ||||||
12 | occurred be reviewed and approved by a law enforcement | ||||||
13 | officer or retired law enforcement officer of the | ||||||
14 | municipality issuing the violation or by an additional | ||||||
15 | fully trained reviewing technician who is not employed by | ||||||
16 | the contractor who employs the technician who made the | ||||||
17 | initial determination. Routine and independent calibration | ||||||
18 | of the speeds produced by automated speed enforcement | ||||||
19 | systems and equipment shall be conducted annually by a | ||||||
20 | qualified technician. Speeds produced by an automated | ||||||
21 | speed enforcement system shall be compared with speeds | ||||||
22 | produced by lidar or other independent equipment. Radar or | ||||||
23 | lidar equipment shall undergo an internal validation test | ||||||
24 | no less frequently than once each week. Qualified | ||||||
25 | technicians shall test loop-based loop based equipment no | ||||||
26 | less frequently than once a year. Radar equipment shall be |
| |||||||
| |||||||
1 | checked for accuracy by a qualified technician when the | ||||||
2 | unit is serviced, when unusual or suspect readings persist, | ||||||
3 | or when deemed necessary by a reviewing technician. Radar | ||||||
4 | equipment shall be checked with the internal frequency | ||||||
5 | generator and the internal circuit test whenever the radar | ||||||
6 | is turned on. Technicians must be alert for any unusual or | ||||||
7 | suspect readings, and if unusual or suspect readings of a | ||||||
8 | radar unit persist, that unit shall immediately be removed | ||||||
9 | from service and not returned to service until it has been | ||||||
10 | checked by a qualified technician and determined to be | ||||||
11 | functioning properly. Documentation of the annual | ||||||
12 | calibration results, including the equipment tested, test | ||||||
13 | date, technician performing the test, and test results, | ||||||
14 | shall be maintained and available for use in the | ||||||
15 | determination of an automated speed enforcement system | ||||||
16 | violation and issuance of a citation. The technician | ||||||
17 | performing the calibration and testing of the automated | ||||||
18 | speed enforcement equipment shall be trained and certified | ||||||
19 | in the use of equipment for speed enforcement purposes. | ||||||
20 | Training on the speed enforcement equipment may be | ||||||
21 | conducted by law enforcement, civilian, or manufacturer's | ||||||
22 | personnel and if applicable may be equivalent to the | ||||||
23 | equipment use and operations training included in the Speed | ||||||
24 | Measuring Device Operator Program developed by the | ||||||
25 | National Highway Traffic Safety Administration (NHTSA). | ||||||
26 | The vendor or technician who performs the work shall keep |
| |||||||
| |||||||
1 | accurate records on each piece of equipment the technician | ||||||
2 | calibrates and tests. As used in this paragraph, " fully | ||||||
3 | trained fully-trained reviewing technician" means a person | ||||||
4 | who has received at least 40 hours of supervised training | ||||||
5 | in subjects which shall include image inspection and | ||||||
6 | interpretation, the elements necessary to prove a | ||||||
7 | violation, license plate identification, and traffic | ||||||
8 | safety and management. In all municipalities and counties, | ||||||
9 | the automated speed enforcement system or automated | ||||||
10 | traffic law ordinance shall require that no additional fee | ||||||
11 | shall be charged to the alleged violator for exercising his | ||||||
12 | or her right to an administrative hearing, and persons | ||||||
13 | shall be given at least 25 days following an administrative | ||||||
14 | hearing to pay any civil penalty imposed by a finding that | ||||||
15 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | ||||||
16 | similar local ordinance has been violated. The original or | ||||||
17 | a
facsimile of the violation notice or, in the case of a | ||||||
18 | notice produced by a
computerized device, a printed record | ||||||
19 | generated by the device showing the facts
entered on the | ||||||
20 | notice, shall be retained by the
traffic compliance
| ||||||
21 | administrator, and shall be a record kept in the ordinary | ||||||
22 | course of
business. A parking, standing, compliance, | ||||||
23 | automated speed enforcement system, or automated traffic | ||||||
24 | law violation notice issued,
signed , and served in
| ||||||
25 | accordance with this Section, a copy of the notice, or the | ||||||
26 | computer-generated computer
generated record shall be |
| |||||||
| |||||||
1 | prima facie
correct and shall be prima facie evidence of | ||||||
2 | the correctness of the facts
shown on the notice. The | ||||||
3 | notice, copy, or computer-generated computer generated
| ||||||
4 | record shall be admissible in any
subsequent | ||||||
5 | administrative or legal proceedings.
| ||||||
6 | (4) An opportunity for a hearing for the registered | ||||||
7 | owner of the
vehicle cited in the parking, standing, | ||||||
8 | compliance, automated speed enforcement system, or | ||||||
9 | automated traffic law violation notice in
which the owner | ||||||
10 | may
contest the merits of the alleged violation, and during | ||||||
11 | which formal or
technical rules of evidence shall not | ||||||
12 | apply; provided, however, that under
Section 11-1306 of | ||||||
13 | this Code the lessee of a vehicle cited in the
violation | ||||||
14 | notice likewise shall be provided an opportunity for a | ||||||
15 | hearing of
the same kind afforded the registered owner. The | ||||||
16 | hearings shall be
recorded, and the person conducting the | ||||||
17 | hearing on behalf of the traffic
compliance
administrator | ||||||
18 | shall be empowered to administer oaths and to secure by
| ||||||
19 | subpoena both the attendance and testimony of witnesses and | ||||||
20 | the production
of relevant books and papers. Persons | ||||||
21 | appearing at a hearing under this
Section may be | ||||||
22 | represented by counsel at their expense. The ordinance may
| ||||||
23 | also provide for internal administrative review following | ||||||
24 | the decision of
the hearing officer.
| ||||||
25 | (5) Service of additional notices, sent by first class | ||||||
26 | United States
mail, postage prepaid, to the address of the |
| |||||||
| |||||||
1 | registered owner of the cited
vehicle as recorded with the | ||||||
2 | Secretary of State or, if any notice to that address is | ||||||
3 | returned as undeliverable, to the last known address | ||||||
4 | recorded in a United States Post Office approved database,
| ||||||
5 | or, under Section 11-1306
or subsection (p) of Section | ||||||
6 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
7 | of this Code, to the lessee of the cited vehicle at the | ||||||
8 | last address known
to the lessor of the cited vehicle at | ||||||
9 | the time of lease or, if any notice to that address is | ||||||
10 | returned as undeliverable, to the last known address | ||||||
11 | recorded in a United States Post Office approved database.
| ||||||
12 | The service shall
be deemed complete as of the date of | ||||||
13 | deposit in the United States mail.
The notices shall be in | ||||||
14 | the following sequence and shall include , but not be
| ||||||
15 | limited to , the information specified herein:
| ||||||
16 | (i) A second notice of parking, standing, or | ||||||
17 | compliance violation if the first notice of the | ||||||
18 | violation was issued by affixing the original or a | ||||||
19 | facsimile of the notice to the unlawfully parked | ||||||
20 | vehicle or by handing the notice to the operator. This | ||||||
21 | notice shall specify or include the
date and location | ||||||
22 | of the violation cited in the parking,
standing,
or | ||||||
23 | compliance violation
notice, the particular regulation | ||||||
24 | violated, the vehicle
make or a photograph of the | ||||||
25 | vehicle, the state registration number of the vehicle, | ||||||
26 | any requirement to complete a traffic education |
| |||||||
| |||||||
1 | program, the fine and any penalty that may be
assessed | ||||||
2 | for late payment or failure to complete a traffic | ||||||
3 | education program, or both, when so provided by | ||||||
4 | ordinance, the availability
of a hearing in which the | ||||||
5 | violation may be contested on its merits, and the
time | ||||||
6 | and manner in which the hearing may be had. The notice | ||||||
7 | of violation
shall also state that failure to complete | ||||||
8 | a required traffic education program, to pay the | ||||||
9 | indicated fine and any
applicable penalty, or to appear | ||||||
10 | at a hearing on the merits in the time and
manner | ||||||
11 | specified, will result in a final determination of | ||||||
12 | violation
liability for the cited violation in the | ||||||
13 | amount of the fine or penalty
indicated, and that, upon | ||||||
14 | the occurrence of a final determination of violation | ||||||
15 | liability for the failure, and the exhaustion of, or
| ||||||
16 | failure to exhaust, available administrative or | ||||||
17 | judicial procedures for
review, any incomplete traffic | ||||||
18 | education program or any unpaid fine or penalty, or | ||||||
19 | both, will constitute a debt due and owing
the | ||||||
20 | municipality or county.
| ||||||
21 | (ii) A notice of final determination of parking, | ||||||
22 | standing,
compliance, automated speed enforcement | ||||||
23 | system, or automated traffic law violation liability.
| ||||||
24 | This notice shall be sent following a final | ||||||
25 | determination of parking,
standing, compliance, | ||||||
26 | automated speed enforcement system, or automated |
| |||||||
| |||||||
1 | traffic law
violation liability and the conclusion of | ||||||
2 | judicial review procedures taken
under this Section. | ||||||
3 | The notice shall state that the incomplete traffic | ||||||
4 | education program or the unpaid fine or
penalty, or | ||||||
5 | both, is a debt due and owing the municipality or | ||||||
6 | county. The notice shall contain
warnings that failure | ||||||
7 | to complete any required traffic education program or | ||||||
8 | to pay any fine or penalty due and owing the
| ||||||
9 | municipality or county, or both, within the time | ||||||
10 | specified may result in the municipality's
or county's | ||||||
11 | filing of a petition in the Circuit Court to have the | ||||||
12 | incomplete traffic education program or unpaid
fine or | ||||||
13 | penalty, or both, rendered a judgment as provided by | ||||||
14 | this Section, or may
result in suspension of the | ||||||
15 | person's driver's drivers license for failure to | ||||||
16 | complete a traffic education program or to pay
fines or | ||||||
17 | penalties, or both, for 10 or more parking violations | ||||||
18 | under Section 6-306.5, or a combination of 5 or more | ||||||
19 | automated traffic law violations under Section | ||||||
20 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
21 | system violations under Section 11-208.8.
| ||||||
22 | (6) A notice of impending driver's drivers license | ||||||
23 | suspension. This
notice shall be sent to the person liable | ||||||
24 | for failure to complete a required traffic education | ||||||
25 | program or to pay any fine or penalty that
remains due and | ||||||
26 | owing, or both, on 10 or more parking
violations or |
| |||||||
| |||||||
1 | combination of 5 or more unpaid automated speed enforcement | ||||||
2 | system or automated traffic law violations. The notice
| ||||||
3 | shall state that failure to complete a required traffic | ||||||
4 | education program or to pay the fine or penalty owing, or | ||||||
5 | both, within 45 days of
the notice's date will result in | ||||||
6 | the municipality or county notifying the Secretary
of State | ||||||
7 | that the person is eligible for initiation of suspension
| ||||||
8 | proceedings under Section 6-306.5 of this Code. The notice | ||||||
9 | shall also state
that the person may obtain a photostatic | ||||||
10 | copy of an original ticket imposing a
fine or penalty by | ||||||
11 | sending a self-addressed self addressed , stamped envelope | ||||||
12 | to the
municipality or county along with a request for the | ||||||
13 | photostatic copy.
The notice of impending driver's
drivers | ||||||
14 | license suspension shall be sent by first class United | ||||||
15 | States mail,
postage prepaid, to the address recorded with | ||||||
16 | the Secretary of State or, if any notice to that address is | ||||||
17 | returned as undeliverable, to the last known address | ||||||
18 | recorded in a United States Post Office approved database.
| ||||||
19 | (7) Final determinations of violation liability. A | ||||||
20 | final
determination of violation liability shall occur | ||||||
21 | following failure to complete the required traffic | ||||||
22 | education program or
to pay the fine or penalty, or both, | ||||||
23 | after a hearing officer's determination of violation | ||||||
24 | liability and the exhaustion of or failure to exhaust any
| ||||||
25 | administrative review procedures provided by ordinance. | ||||||
26 | Where a person
fails to appear at a hearing to contest the |
| |||||||
| |||||||
1 | alleged violation in the time
and manner specified in a | ||||||
2 | prior mailed notice, the hearing officer's
determination | ||||||
3 | of violation liability shall become final: (A) upon
denial | ||||||
4 | of a timely petition to set aside that determination, or | ||||||
5 | (B) upon
expiration of the period for filing the petition | ||||||
6 | without a
filing having been made.
| ||||||
7 | (8) A petition to set aside a determination of parking, | ||||||
8 | standing,
compliance, automated speed enforcement system, | ||||||
9 | or automated traffic law violation
liability that may be | ||||||
10 | filed by a person owing an unpaid fine or penalty. A | ||||||
11 | petition to set aside a determination of liability may also | ||||||
12 | be filed by a person required to complete a traffic | ||||||
13 | education program.
The petition shall be filed with and | ||||||
14 | ruled upon by the traffic compliance
administrator in the | ||||||
15 | manner and within the time specified by ordinance.
The | ||||||
16 | grounds for the petition may be limited to: (A) the person | ||||||
17 | not having
been the owner or lessee of the cited vehicle on | ||||||
18 | the date the
violation notice was issued, (B) the person | ||||||
19 | having already completed the required traffic education | ||||||
20 | program or paid the fine or
penalty, or both, for the | ||||||
21 | violation in question, and (C) excusable failure to
appear | ||||||
22 | at or
request a new date for a hearing.
With regard to | ||||||
23 | municipalities or counties with a population of 1 million | ||||||
24 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
25 | violation if the state registration number or vehicle make, | ||||||
26 | only if specified in the violation notice, is
incorrect. |
| |||||||
| |||||||
1 | After the determination of
parking, standing, compliance, | ||||||
2 | automated speed enforcement system, or automated traffic | ||||||
3 | law violation liability has been set aside
upon a showing | ||||||
4 | of just
cause, the registered owner shall be provided with | ||||||
5 | a hearing on the merits
for that violation.
| ||||||
6 | (9) Procedures for non-residents. Procedures by which | ||||||
7 | persons who are
not residents of the municipality or county | ||||||
8 | may contest the merits of the alleged
violation without | ||||||
9 | attending a hearing.
| ||||||
10 | (10) A schedule of civil fines for violations of | ||||||
11 | vehicular standing,
parking, compliance, automated speed | ||||||
12 | enforcement system, or automated traffic law regulations | ||||||
13 | enacted by ordinance pursuant to this
Section, and a
| ||||||
14 | schedule of penalties for late payment of the fines or | ||||||
15 | failure to complete required traffic education programs, | ||||||
16 | provided, however,
that the total amount of the fine and | ||||||
17 | penalty for any one violation shall
not exceed $250, except | ||||||
18 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
19 | Code.
| ||||||
20 | (11) Other provisions as are necessary and proper to | ||||||
21 | carry into
effect the powers granted and purposes stated in | ||||||
22 | this Section.
| ||||||
23 | (c) Any municipality or county establishing vehicular | ||||||
24 | standing, parking,
compliance, automated speed enforcement | ||||||
25 | system, or automated traffic law
regulations under this Section | ||||||
26 | may also provide by ordinance for a
program of vehicle |
| |||||||
| |||||||
1 | immobilization for the purpose of facilitating
enforcement of | ||||||
2 | those regulations. The program of vehicle
immobilization shall | ||||||
3 | provide for immobilizing any eligible vehicle upon the
public | ||||||
4 | way by presence of a restraint in a manner to prevent operation | ||||||
5 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
6 | immobilization under this Section shall provide:
| ||||||
7 | (1) Criteria for the designation of vehicles eligible | ||||||
8 | for
immobilization. A vehicle shall be eligible for | ||||||
9 | immobilization when the
registered owner of the vehicle has | ||||||
10 | accumulated the number of incomplete traffic education | ||||||
11 | programs or unpaid final
determinations of parking, | ||||||
12 | standing, compliance, automated speed enforcement system, | ||||||
13 | or automated traffic law violation liability, or both, as
| ||||||
14 | determined by ordinance.
| ||||||
15 | (2) A notice of impending vehicle immobilization and a | ||||||
16 | right to a
hearing to challenge the validity of the notice | ||||||
17 | by disproving liability
for the incomplete traffic | ||||||
18 | education programs or unpaid final determinations of | ||||||
19 | parking, standing, compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law
violation liability, or | ||||||
21 | both, listed
on the notice.
| ||||||
22 | (3) The right to a prompt hearing after a vehicle has | ||||||
23 | been immobilized
or subsequently towed without the | ||||||
24 | completion of the required traffic education program or | ||||||
25 | payment of the outstanding fines and
penalties on parking, | ||||||
26 | standing, compliance, automated speed enforcement system, |
| |||||||
| |||||||
1 | or automated traffic law violations, or both, for which | ||||||
2 | final
determinations have been
issued. An order issued | ||||||
3 | after the hearing is a final administrative
decision within | ||||||
4 | the meaning of Section 3-101 of the Code of Civil | ||||||
5 | Procedure.
| ||||||
6 | (4) A post immobilization and post-towing notice | ||||||
7 | advising the registered
owner of the vehicle of the right | ||||||
8 | to a hearing to challenge the validity
of the impoundment.
| ||||||
9 | (d) Judicial review of final determinations of parking, | ||||||
10 | standing,
compliance, automated speed enforcement system, or | ||||||
11 | automated traffic law
violations and final administrative | ||||||
12 | decisions issued after hearings
regarding vehicle | ||||||
13 | immobilization and impoundment made
under this Section shall be | ||||||
14 | subject to the provisions of
the Administrative Review Law.
| ||||||
15 | (e) Any fine, penalty, incomplete traffic education | ||||||
16 | program, or part of any fine or any penalty remaining
unpaid | ||||||
17 | after the exhaustion of, or the failure to exhaust, | ||||||
18 | administrative
remedies created under this Section and the | ||||||
19 | conclusion of any judicial
review procedures shall be a debt | ||||||
20 | due and owing the municipality or county and, as
such, may be | ||||||
21 | collected in accordance with applicable law. Completion of any | ||||||
22 | required traffic education program and payment in full
of any | ||||||
23 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
24 | automated speed enforcement system, or automated traffic law | ||||||
25 | violation shall
constitute a final disposition of that | ||||||
26 | violation.
|
| |||||||
| |||||||
1 | (f) After the expiration of the period within which | ||||||
2 | judicial review may
be sought for a final determination of | ||||||
3 | parking, standing, compliance, automated speed enforcement | ||||||
4 | system, or automated traffic law
violation, the municipality
or | ||||||
5 | county may commence a proceeding in the Circuit Court for | ||||||
6 | purposes of obtaining a
judgment on the final determination of | ||||||
7 | violation. Nothing in this
Section shall prevent a municipality | ||||||
8 | or county from consolidating multiple final
determinations of | ||||||
9 | parking, standing, compliance, automated speed enforcement | ||||||
10 | system, or automated traffic law violations against a
person in | ||||||
11 | a proceeding.
Upon commencement of the action, the municipality | ||||||
12 | or county shall file a certified
copy or record of the final | ||||||
13 | determination of parking, standing, compliance, automated | ||||||
14 | speed enforcement system, or automated traffic law
violation, | ||||||
15 | which shall be
accompanied by a certification that recites | ||||||
16 | facts sufficient to show that
the final determination of | ||||||
17 | violation was
issued in accordance with this Section and the | ||||||
18 | applicable municipal
or county ordinance. Service of the | ||||||
19 | summons and a copy of the petition may be by
any method | ||||||
20 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
21 | certified mail, return receipt requested, provided that the | ||||||
22 | total amount of
fines and penalties for final determinations of | ||||||
23 | parking, standing,
compliance, automated speed enforcement | ||||||
24 | system, or automated traffic law violations does not
exceed | ||||||
25 | $2500. If the court is satisfied that the final determination | ||||||
26 | of
parking, standing, compliance, automated speed enforcement |
| |||||||
| |||||||
1 | system, or automated traffic law violation was entered in | ||||||
2 | accordance with
the requirements of
this Section and the | ||||||
3 | applicable municipal or county ordinance, and that the | ||||||
4 | registered
owner or the lessee, as the case may be, had an | ||||||
5 | opportunity for an
administrative hearing and for judicial | ||||||
6 | review as provided in this Section,
the court shall render | ||||||
7 | judgment in favor of the municipality or county and against
the | ||||||
8 | registered owner or the lessee for the amount indicated in the | ||||||
9 | final
determination of parking, standing, compliance, | ||||||
10 | automated speed enforcement system, or automated traffic law | ||||||
11 | violation, plus costs.
The judgment shall have
the same effect | ||||||
12 | and may be enforced in the same manner as other judgments
for | ||||||
13 | the recovery of money.
| ||||||
14 | (g) The fee for participating in a traffic education | ||||||
15 | program under this Section shall not exceed $25. | ||||||
16 | A low-income individual required to complete a traffic | ||||||
17 | education program under this Section who provides proof of | ||||||
18 | eligibility for the federal earned income tax credit under | ||||||
19 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
20 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
21 | Act shall not be required to pay any fee for participating in a | ||||||
22 | required traffic education program. | ||||||
23 | (Source: P.A. 101-32, eff. 6-28-19; revised 1-21-20.) | ||||||
24 | (Text of Section after amendment by P.A. 101-623 )
| ||||||
25 | Sec. 11-208.3. Administrative adjudication of violations |
| |||||||
| |||||||
1 | of traffic
regulations concerning the standing, parking, or | ||||||
2 | condition of
vehicles, automated traffic law violations, and | ||||||
3 | automated speed enforcement system violations.
| ||||||
4 | (a) Any municipality or county may provide by ordinance for | ||||||
5 | a system of
administrative adjudication of vehicular standing | ||||||
6 | and parking violations and
vehicle compliance violations as | ||||||
7 | described in this subsection, automated traffic law violations | ||||||
8 | as defined in Section 11-208.6, 11-208.9 , or 11-1201.1, and | ||||||
9 | automated speed enforcement system violations as defined in | ||||||
10 | Section 11-208.8.
The administrative system shall have as its | ||||||
11 | purpose the fair and
efficient enforcement of municipal or | ||||||
12 | county regulations through the
administrative adjudication of | ||||||
13 | automated speed enforcement system or automated traffic law | ||||||
14 | violations and violations of municipal or county ordinances
| ||||||
15 | regulating the standing and parking of vehicles, the condition | ||||||
16 | and use of
vehicle equipment, and the display of municipal or | ||||||
17 | county wheel tax licenses within the
municipality's
or county's | ||||||
18 | borders. The administrative system shall only have authority to | ||||||
19 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
20 | or requiring the completion of a traffic education program, or | ||||||
21 | both, that occur after the
effective date of the ordinance | ||||||
22 | adopting such a system under this Section.
For purposes of this | ||||||
23 | Section, "compliance violation" means a violation of a
| ||||||
24 | municipal or county regulation governing the condition or use | ||||||
25 | of equipment on a vehicle
or governing the display of a | ||||||
26 | municipal or county wheel tax license.
|
| |||||||
| |||||||
1 | (b) Any ordinance establishing a system of administrative | ||||||
2 | adjudication
under this Section shall provide for:
| ||||||
3 | (1) A traffic compliance administrator authorized to
| ||||||
4 | adopt, distribute , and
process parking, compliance, and | ||||||
5 | automated speed enforcement system or automated traffic | ||||||
6 | law violation notices and other notices required
by this
| ||||||
7 | Section, collect money paid as fines and penalties for | ||||||
8 | violation of parking
and compliance
ordinances and | ||||||
9 | automated speed enforcement system or automated traffic | ||||||
10 | law violations, and operate an administrative adjudication | ||||||
11 | system. The traffic
compliance
administrator also may make | ||||||
12 | a certified report to the Secretary of State
under Section | ||||||
13 | 6-306.5.
| ||||||
14 | (2) A parking, standing, compliance, automated speed | ||||||
15 | enforcement system, or automated traffic law violation | ||||||
16 | notice
that
shall specify or include the date,
time, and | ||||||
17 | place of violation of a parking, standing,
compliance, | ||||||
18 | automated speed enforcement system, or automated traffic | ||||||
19 | law
regulation; the particular regulation
violated; any | ||||||
20 | requirement to complete a traffic education program; the | ||||||
21 | fine and any penalty that may be assessed for late payment | ||||||
22 | or failure to complete a required traffic education | ||||||
23 | program, or both,
when so provided by ordinance; the | ||||||
24 | vehicle make or a photograph of the vehicle; the state | ||||||
25 | registration
number of the vehicle; and the identification | ||||||
26 | number of the
person issuing the notice.
With regard to |
| |||||||
| |||||||
1 | automated speed enforcement system or automated traffic | ||||||
2 | law violations, vehicle make shall be specified on the | ||||||
3 | automated speed enforcement system or automated traffic | ||||||
4 | law violation notice if the notice does not include a | ||||||
5 | photograph of the vehicle and the make is available and | ||||||
6 | readily discernible. With regard to municipalities or | ||||||
7 | counties with a population of 1 million or more, it
shall | ||||||
8 | be grounds for
dismissal of a parking
violation if the | ||||||
9 | state registration number or vehicle make specified is
| ||||||
10 | incorrect. The violation notice shall state that the | ||||||
11 | completion of any required traffic education program, the | ||||||
12 | payment of any indicated
fine, and the payment of any | ||||||
13 | applicable penalty for late payment or failure to complete | ||||||
14 | a required traffic education program, or both, shall | ||||||
15 | operate as a
final disposition of the violation. The notice | ||||||
16 | also shall contain
information as to the availability of a | ||||||
17 | hearing in which the violation may
be contested on its | ||||||
18 | merits. The violation notice shall specify the
time and | ||||||
19 | manner in which a hearing may be had.
| ||||||
20 | (3) Service of a parking, standing, or compliance
| ||||||
21 | violation notice by: (i) affixing the
original or a | ||||||
22 | facsimile of the notice to an unlawfully parked or standing | ||||||
23 | vehicle; (ii)
handing the notice to the operator of a | ||||||
24 | vehicle if he or she is
present; or (iii) mailing the | ||||||
25 | notice to the address of the registered owner or lessee of | ||||||
26 | the cited vehicle as recorded with the Secretary of State |
| |||||||
| |||||||
1 | or the lessor of the motor vehicle within 30 days after the | ||||||
2 | Secretary of State or the lessor of the motor vehicle | ||||||
3 | notifies the municipality or county of the identity of the | ||||||
4 | owner or lessee of the vehicle, but not later than 90 days | ||||||
5 | after the date of the violation, except that in the case of | ||||||
6 | a lessee of a motor vehicle, service of a parking, | ||||||
7 | standing, or compliance violation notice may occur no later | ||||||
8 | than 210 days after the violation; and service of an | ||||||
9 | automated speed enforcement system or automated traffic | ||||||
10 | law violation notice by mail to the
address
of the | ||||||
11 | registered owner or lessee of the cited vehicle as recorded | ||||||
12 | with the Secretary of
State or the lessor of the motor | ||||||
13 | vehicle within 30 days after the Secretary of State or the | ||||||
14 | lessor of the motor vehicle notifies the municipality or | ||||||
15 | county of the identity of the owner or lessee of the | ||||||
16 | vehicle, but not later than 90 days after the violation, | ||||||
17 | except that in the case of a lessee of a motor vehicle, | ||||||
18 | service of an automated traffic law violation notice may | ||||||
19 | occur no later than 210 days after the violation. A person | ||||||
20 | authorized by ordinance to issue and serve parking,
| ||||||
21 | standing, and compliance
violation notices shall certify | ||||||
22 | as to the correctness of the facts entered
on the violation | ||||||
23 | notice by signing his or her name to the notice at
the time | ||||||
24 | of service or , in the case of a notice produced by a | ||||||
25 | computerized
device, by signing a single certificate to be | ||||||
26 | kept by the traffic
compliance
administrator attesting to |
| |||||||
| |||||||
1 | the correctness of all notices produced by the
device while | ||||||
2 | it was under his or her control. In the case of an | ||||||
3 | automated traffic law violation, the ordinance shall
| ||||||
4 | require
a
determination by a technician employed or | ||||||
5 | contracted by the municipality or county that,
based on | ||||||
6 | inspection of recorded images, the motor vehicle was being | ||||||
7 | operated in
violation of Section 11-208.6, 11-208.9 , or | ||||||
8 | 11-1201.1 or a local ordinance.
If the technician | ||||||
9 | determines that the
vehicle entered the intersection as | ||||||
10 | part of a funeral procession or in order to
yield the | ||||||
11 | right-of-way to an emergency vehicle, a citation shall not | ||||||
12 | be issued. In municipalities with a population of less than | ||||||
13 | 1,000,000 inhabitants and counties with a population of | ||||||
14 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
15 | ordinance shall require that all determinations by a | ||||||
16 | technician that a motor vehicle was being operated in
| ||||||
17 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||||||
18 | local ordinance must be reviewed and approved by a law | ||||||
19 | enforcement officer or retired law enforcement officer of | ||||||
20 | the municipality or county issuing the violation. In | ||||||
21 | municipalities with a population of 1,000,000 or more | ||||||
22 | inhabitants and counties with a population of 3,000,000 or | ||||||
23 | more inhabitants, the automated traffic law ordinance | ||||||
24 | shall require that all determinations by a technician that | ||||||
25 | a motor vehicle was being operated in
violation of Section | ||||||
26 | 11-208.6, 11-208.9 , or 11-1201.1 or a local ordinance must |
| |||||||
| |||||||
1 | be reviewed and approved by a law enforcement officer or | ||||||
2 | retired law enforcement officer of the municipality or | ||||||
3 | county issuing the violation or by an additional fully | ||||||
4 | trained fully-trained reviewing technician who is not | ||||||
5 | employed by the contractor who employs the technician who | ||||||
6 | made the initial determination. In the case of an automated | ||||||
7 | speed enforcement system violation, the ordinance shall | ||||||
8 | require a determination by a technician employed by the | ||||||
9 | municipality, based upon an inspection of recorded images, | ||||||
10 | video or other documentation, including documentation of | ||||||
11 | the speed limit and automated speed enforcement signage, | ||||||
12 | and documentation of the inspection, calibration, and | ||||||
13 | certification of the speed equipment, that the vehicle was | ||||||
14 | being operated in violation of Article VI of Chapter 11 of | ||||||
15 | this Code or a similar local ordinance. If the technician | ||||||
16 | determines that the vehicle speed was not determined by a | ||||||
17 | calibrated, certified speed equipment device based upon | ||||||
18 | the speed equipment documentation, or if the vehicle was an | ||||||
19 | emergency vehicle, a citation may not be issued. The | ||||||
20 | automated speed enforcement ordinance shall require that | ||||||
21 | all determinations by a technician that a violation | ||||||
22 | occurred be reviewed and approved by a law enforcement | ||||||
23 | officer or retired law enforcement officer of the | ||||||
24 | municipality issuing the violation or by an additional | ||||||
25 | fully trained reviewing technician who is not employed by | ||||||
26 | the contractor who employs the technician who made the |
| |||||||
| |||||||
1 | initial determination. Routine and independent calibration | ||||||
2 | of the speeds produced by automated speed enforcement | ||||||
3 | systems and equipment shall be conducted annually by a | ||||||
4 | qualified technician. Speeds produced by an automated | ||||||
5 | speed enforcement system shall be compared with speeds | ||||||
6 | produced by lidar or other independent equipment. Radar or | ||||||
7 | lidar equipment shall undergo an internal validation test | ||||||
8 | no less frequently than once each week. Qualified | ||||||
9 | technicians shall test loop-based loop based equipment no | ||||||
10 | less frequently than once a year. Radar equipment shall be | ||||||
11 | checked for accuracy by a qualified technician when the | ||||||
12 | unit is serviced, when unusual or suspect readings persist, | ||||||
13 | or when deemed necessary by a reviewing technician. Radar | ||||||
14 | equipment shall be checked with the internal frequency | ||||||
15 | generator and the internal circuit test whenever the radar | ||||||
16 | is turned on. Technicians must be alert for any unusual or | ||||||
17 | suspect readings, and if unusual or suspect readings of a | ||||||
18 | radar unit persist, that unit shall immediately be removed | ||||||
19 | from service and not returned to service until it has been | ||||||
20 | checked by a qualified technician and determined to be | ||||||
21 | functioning properly. Documentation of the annual | ||||||
22 | calibration results, including the equipment tested, test | ||||||
23 | date, technician performing the test, and test results, | ||||||
24 | shall be maintained and available for use in the | ||||||
25 | determination of an automated speed enforcement system | ||||||
26 | violation and issuance of a citation. The technician |
| |||||||
| |||||||
1 | performing the calibration and testing of the automated | ||||||
2 | speed enforcement equipment shall be trained and certified | ||||||
3 | in the use of equipment for speed enforcement purposes. | ||||||
4 | Training on the speed enforcement equipment may be | ||||||
5 | conducted by law enforcement, civilian, or manufacturer's | ||||||
6 | personnel and if applicable may be equivalent to the | ||||||
7 | equipment use and operations training included in the Speed | ||||||
8 | Measuring Device Operator Program developed by the | ||||||
9 | National Highway Traffic Safety Administration (NHTSA). | ||||||
10 | The vendor or technician who performs the work shall keep | ||||||
11 | accurate records on each piece of equipment the technician | ||||||
12 | calibrates and tests. As used in this paragraph, " fully | ||||||
13 | trained fully-trained reviewing technician" means a person | ||||||
14 | who has received at least 40 hours of supervised training | ||||||
15 | in subjects which shall include image inspection and | ||||||
16 | interpretation, the elements necessary to prove a | ||||||
17 | violation, license plate identification, and traffic | ||||||
18 | safety and management. In all municipalities and counties, | ||||||
19 | the automated speed enforcement system or automated | ||||||
20 | traffic law ordinance shall require that no additional fee | ||||||
21 | shall be charged to the alleged violator for exercising his | ||||||
22 | or her right to an administrative hearing, and persons | ||||||
23 | shall be given at least 25 days following an administrative | ||||||
24 | hearing to pay any civil penalty imposed by a finding that | ||||||
25 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | ||||||
26 | similar local ordinance has been violated. The original or |
| |||||||
| |||||||
1 | a
facsimile of the violation notice or, in the case of a | ||||||
2 | notice produced by a
computerized device, a printed record | ||||||
3 | generated by the device showing the facts
entered on the | ||||||
4 | notice, shall be retained by the
traffic compliance
| ||||||
5 | administrator, and shall be a record kept in the ordinary | ||||||
6 | course of
business. A parking, standing, compliance, | ||||||
7 | automated speed enforcement system, or automated traffic | ||||||
8 | law violation notice issued,
signed , and served in
| ||||||
9 | accordance with this Section, a copy of the notice, or the | ||||||
10 | computer-generated computer
generated record shall be | ||||||
11 | prima facie
correct and shall be prima facie evidence of | ||||||
12 | the correctness of the facts
shown on the notice. The | ||||||
13 | notice, copy, or computer-generated computer generated
| ||||||
14 | record shall be admissible in any
subsequent | ||||||
15 | administrative or legal proceedings.
| ||||||
16 | (4) An opportunity for a hearing for the registered | ||||||
17 | owner of the
vehicle cited in the parking, standing, | ||||||
18 | compliance, automated speed enforcement system, or | ||||||
19 | automated traffic law violation notice in
which the owner | ||||||
20 | may
contest the merits of the alleged violation, and during | ||||||
21 | which formal or
technical rules of evidence shall not | ||||||
22 | apply; provided, however, that under
Section 11-1306 of | ||||||
23 | this Code the lessee of a vehicle cited in the
violation | ||||||
24 | notice likewise shall be provided an opportunity for a | ||||||
25 | hearing of
the same kind afforded the registered owner. The | ||||||
26 | hearings shall be
recorded, and the person conducting the |
| |||||||
| |||||||
1 | hearing on behalf of the traffic
compliance
administrator | ||||||
2 | shall be empowered to administer oaths and to secure by
| ||||||
3 | subpoena both the attendance and testimony of witnesses and | ||||||
4 | the production
of relevant books and papers. Persons | ||||||
5 | appearing at a hearing under this
Section may be | ||||||
6 | represented by counsel at their expense. The ordinance may
| ||||||
7 | also provide for internal administrative review following | ||||||
8 | the decision of
the hearing officer.
| ||||||
9 | (5) Service of additional notices, sent by first class | ||||||
10 | United States
mail, postage prepaid, to the address of the | ||||||
11 | registered owner of the cited
vehicle as recorded with the | ||||||
12 | Secretary of State or, if any notice to that address is | ||||||
13 | returned as undeliverable, to the last known address | ||||||
14 | recorded in a United States Post Office approved database,
| ||||||
15 | or, under Section 11-1306
or subsection (p) of Section | ||||||
16 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
17 | of this Code, to the lessee of the cited vehicle at the | ||||||
18 | last address known
to the lessor of the cited vehicle at | ||||||
19 | the time of lease or, if any notice to that address is | ||||||
20 | returned as undeliverable, to the last known address | ||||||
21 | recorded in a United States Post Office approved database.
| ||||||
22 | The service shall
be deemed complete as of the date of | ||||||
23 | deposit in the United States mail.
The notices shall be in | ||||||
24 | the following sequence and shall include , but not be
| ||||||
25 | limited to the information specified herein:
| ||||||
26 | (i) A second notice of parking, standing, or |
| |||||||
| |||||||
1 | compliance violation if the first notice of the | ||||||
2 | violation was issued by affixing the original or a | ||||||
3 | facsimile of the notice to the unlawfully parked | ||||||
4 | vehicle or by handing the notice to the operator. This | ||||||
5 | notice shall specify or include the
date and location | ||||||
6 | of the violation cited in the parking,
standing,
or | ||||||
7 | compliance violation
notice, the particular regulation | ||||||
8 | violated, the vehicle
make or a photograph of the | ||||||
9 | vehicle, the state registration number of the vehicle, | ||||||
10 | any requirement to complete a traffic education | ||||||
11 | program, the fine and any penalty that may be
assessed | ||||||
12 | for late payment or failure to complete a traffic | ||||||
13 | education program, or both, when so provided by | ||||||
14 | ordinance, the availability
of a hearing in which the | ||||||
15 | violation may be contested on its merits, and the
time | ||||||
16 | and manner in which the hearing may be had. The notice | ||||||
17 | of violation
shall also state that failure to complete | ||||||
18 | a required traffic education program, to pay the | ||||||
19 | indicated fine and any
applicable penalty, or to appear | ||||||
20 | at a hearing on the merits in the time and
manner | ||||||
21 | specified, will result in a final determination of | ||||||
22 | violation
liability for the cited violation in the | ||||||
23 | amount of the fine or penalty
indicated, and that, upon | ||||||
24 | the occurrence of a final determination of violation | ||||||
25 | liability for the failure, and the exhaustion of, or
| ||||||
26 | failure to exhaust, available administrative or |
| |||||||
| |||||||
1 | judicial procedures for
review, any incomplete traffic | ||||||
2 | education program or any unpaid fine or penalty, or | ||||||
3 | both, will constitute a debt due and owing
the | ||||||
4 | municipality or county.
| ||||||
5 | (ii) A notice of final determination of parking, | ||||||
6 | standing,
compliance, automated speed enforcement | ||||||
7 | system, or automated traffic law violation liability.
| ||||||
8 | This notice shall be sent following a final | ||||||
9 | determination of parking,
standing, compliance, | ||||||
10 | automated speed enforcement system, or automated | ||||||
11 | traffic law
violation liability and the conclusion of | ||||||
12 | judicial review procedures taken
under this Section. | ||||||
13 | The notice shall state that the incomplete traffic | ||||||
14 | education program or the unpaid fine or
penalty, or | ||||||
15 | both, is a debt due and owing the municipality or | ||||||
16 | county. The notice shall contain
warnings that failure | ||||||
17 | to complete any required traffic education program or | ||||||
18 | to pay any fine or penalty due and owing the
| ||||||
19 | municipality or county, or both, within the time | ||||||
20 | specified may result in the municipality's
or county's | ||||||
21 | filing of a petition in the Circuit Court to have the | ||||||
22 | incomplete traffic education program or unpaid
fine or | ||||||
23 | penalty, or both, rendered a judgment as provided by | ||||||
24 | this Section, or, where applicable, may
result in | ||||||
25 | suspension of the person's driver's drivers license | ||||||
26 | for failure to complete a traffic education program or |
| |||||||
| |||||||
1 | to pay
fines or penalties, or both, for 5 or more | ||||||
2 | automated traffic law violations under Section | ||||||
3 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
4 | system violations under Section 11-208.8.
| ||||||
5 | (6) A notice of impending driver's drivers license | ||||||
6 | suspension. This
notice shall be sent to the person liable | ||||||
7 | for failure to complete a required traffic education | ||||||
8 | program or to pay any fine or penalty that
remains due and | ||||||
9 | owing, or both, on 5 or more unpaid automated speed | ||||||
10 | enforcement system or automated traffic law violations. | ||||||
11 | The notice
shall state that failure to complete a required | ||||||
12 | traffic education program or to pay the fine or penalty | ||||||
13 | owing, or both, within 45 days of
the notice's date will | ||||||
14 | result in the municipality or county notifying the | ||||||
15 | Secretary
of State that the person is eligible for | ||||||
16 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
17 | of this Code. The notice shall also state
that the person | ||||||
18 | may obtain a photostatic copy of an original ticket | ||||||
19 | imposing a
fine or penalty by sending a self-addressed self | ||||||
20 | addressed , stamped envelope to the
municipality or county | ||||||
21 | along with a request for the photostatic copy.
The notice | ||||||
22 | of impending driver's
drivers license suspension shall be | ||||||
23 | sent by first class United States mail,
postage prepaid, to | ||||||
24 | the address recorded with the Secretary of State or, if any | ||||||
25 | notice to that address is returned as undeliverable, to the | ||||||
26 | last known address recorded in a United States Post Office |
| |||||||
| |||||||
1 | approved database.
| ||||||
2 | (7) Final determinations of violation liability. A | ||||||
3 | final
determination of violation liability shall occur | ||||||
4 | following failure to complete the required traffic | ||||||
5 | education program or
to pay the fine or penalty, or both, | ||||||
6 | after a hearing officer's determination of violation | ||||||
7 | liability and the exhaustion of or failure to exhaust any
| ||||||
8 | administrative review procedures provided by ordinance. | ||||||
9 | Where a person
fails to appear at a hearing to contest the | ||||||
10 | alleged violation in the time
and manner specified in a | ||||||
11 | prior mailed notice, the hearing officer's
determination | ||||||
12 | of violation liability shall become final: (A) upon
denial | ||||||
13 | of a timely petition to set aside that determination, or | ||||||
14 | (B) upon
expiration of the period for filing the petition | ||||||
15 | without a
filing having been made.
| ||||||
16 | (8) A petition to set aside a determination of parking, | ||||||
17 | standing,
compliance, automated speed enforcement system, | ||||||
18 | or automated traffic law violation
liability that may be | ||||||
19 | filed by a person owing an unpaid fine or penalty. A | ||||||
20 | petition to set aside a determination of liability may also | ||||||
21 | be filed by a person required to complete a traffic | ||||||
22 | education program.
The petition shall be filed with and | ||||||
23 | ruled upon by the traffic compliance
administrator in the | ||||||
24 | manner and within the time specified by ordinance.
The | ||||||
25 | grounds for the petition may be limited to: (A) the person | ||||||
26 | not having
been the owner or lessee of the cited vehicle on |
| |||||||
| |||||||
1 | the date the
violation notice was issued, (B) the person | ||||||
2 | having already completed the required traffic education | ||||||
3 | program or paid the fine or
penalty, or both, for the | ||||||
4 | violation in question, and (C) excusable failure to
appear | ||||||
5 | at or
request a new date for a hearing.
With regard to | ||||||
6 | municipalities or counties with a population of 1 million | ||||||
7 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
8 | violation if the state registration number or vehicle make, | ||||||
9 | only if specified in the violation notice, is
incorrect. | ||||||
10 | After the determination of
parking, standing, compliance, | ||||||
11 | automated speed enforcement system, or automated traffic | ||||||
12 | law violation liability has been set aside
upon a showing | ||||||
13 | of just
cause, the registered owner shall be provided with | ||||||
14 | a hearing on the merits
for that violation.
| ||||||
15 | (9) Procedures for non-residents. Procedures by which | ||||||
16 | persons who are
not residents of the municipality or county | ||||||
17 | may contest the merits of the alleged
violation without | ||||||
18 | attending a hearing.
| ||||||
19 | (10) A schedule of civil fines for violations of | ||||||
20 | vehicular standing,
parking, compliance, automated speed | ||||||
21 | enforcement system, or automated traffic law regulations | ||||||
22 | enacted by ordinance pursuant to this
Section, and a
| ||||||
23 | schedule of penalties for late payment of the fines or | ||||||
24 | failure to complete required traffic education programs, | ||||||
25 | provided, however,
that the total amount of the fine and | ||||||
26 | penalty for any one violation shall
not exceed $250, except |
| |||||||
| |||||||
1 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
2 | Code.
| ||||||
3 | (11) Other provisions as are necessary and proper to | ||||||
4 | carry into
effect the powers granted and purposes stated in | ||||||
5 | this Section.
| ||||||
6 | (c) Any municipality or county establishing vehicular | ||||||
7 | standing, parking,
compliance, automated speed enforcement | ||||||
8 | system, or automated traffic law
regulations under this Section | ||||||
9 | may also provide by ordinance for a
program of vehicle | ||||||
10 | immobilization for the purpose of facilitating
enforcement of | ||||||
11 | those regulations. The program of vehicle
immobilization shall | ||||||
12 | provide for immobilizing any eligible vehicle upon the
public | ||||||
13 | way by presence of a restraint in a manner to prevent operation | ||||||
14 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
15 | immobilization under this Section shall provide:
| ||||||
16 | (1) Criteria for the designation of vehicles eligible | ||||||
17 | for
immobilization. A vehicle shall be eligible for | ||||||
18 | immobilization when the
registered owner of the vehicle has | ||||||
19 | accumulated the number of incomplete traffic education | ||||||
20 | programs or unpaid final
determinations of parking, | ||||||
21 | standing, compliance, automated speed enforcement system, | ||||||
22 | or automated traffic law violation liability, or both, as
| ||||||
23 | determined by ordinance.
| ||||||
24 | (2) A notice of impending vehicle immobilization and a | ||||||
25 | right to a
hearing to challenge the validity of the notice | ||||||
26 | by disproving liability
for the incomplete traffic |
| |||||||
| |||||||
1 | education programs or unpaid final determinations of | ||||||
2 | parking, standing, compliance, automated speed enforcement | ||||||
3 | system, or automated traffic law
violation liability, or | ||||||
4 | both, listed
on the notice.
| ||||||
5 | (3) The right to a prompt hearing after a vehicle has | ||||||
6 | been immobilized
or subsequently towed without the | ||||||
7 | completion of the required traffic education program or | ||||||
8 | payment of the outstanding fines and
penalties on parking, | ||||||
9 | standing, compliance, automated speed enforcement system, | ||||||
10 | or automated traffic law violations, or both, for which | ||||||
11 | final
determinations have been
issued. An order issued | ||||||
12 | after the hearing is a final administrative
decision within | ||||||
13 | the meaning of Section 3-101 of the Code of Civil | ||||||
14 | Procedure.
| ||||||
15 | (4) A post immobilization and post-towing notice | ||||||
16 | advising the registered
owner of the vehicle of the right | ||||||
17 | to a hearing to challenge the validity
of the impoundment.
| ||||||
18 | (d) Judicial review of final determinations of parking, | ||||||
19 | standing,
compliance, automated speed enforcement system, or | ||||||
20 | automated traffic law
violations and final administrative | ||||||
21 | decisions issued after hearings
regarding vehicle | ||||||
22 | immobilization and impoundment made
under this Section shall be | ||||||
23 | subject to the provisions of
the Administrative Review Law.
| ||||||
24 | (e) Any fine, penalty, incomplete traffic education | ||||||
25 | program, or part of any fine or any penalty remaining
unpaid | ||||||
26 | after the exhaustion of, or the failure to exhaust, |
| |||||||
| |||||||
1 | administrative
remedies created under this Section and the | ||||||
2 | conclusion of any judicial
review procedures shall be a debt | ||||||
3 | due and owing the municipality or county and, as
such, may be | ||||||
4 | collected in accordance with applicable law. Completion of any | ||||||
5 | required traffic education program and payment in full
of any | ||||||
6 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
7 | automated speed enforcement system, or automated traffic law | ||||||
8 | violation shall
constitute a final disposition of that | ||||||
9 | violation.
| ||||||
10 | (f) After the expiration of the period within which | ||||||
11 | judicial review may
be sought for a final determination of | ||||||
12 | parking, standing, compliance, automated speed enforcement | ||||||
13 | system, or automated traffic law
violation, the municipality
or | ||||||
14 | county may commence a proceeding in the Circuit Court for | ||||||
15 | purposes of obtaining a
judgment on the final determination of | ||||||
16 | violation. Nothing in this
Section shall prevent a municipality | ||||||
17 | or county from consolidating multiple final
determinations of | ||||||
18 | parking, standing, compliance, automated speed enforcement | ||||||
19 | system, or automated traffic law violations against a
person in | ||||||
20 | a proceeding.
Upon commencement of the action, the municipality | ||||||
21 | or county shall file a certified
copy or record of the final | ||||||
22 | determination of parking, standing, compliance, automated | ||||||
23 | speed enforcement system, or automated traffic law
violation, | ||||||
24 | which shall be
accompanied by a certification that recites | ||||||
25 | facts sufficient to show that
the final determination of | ||||||
26 | violation was
issued in accordance with this Section and the |
| |||||||
| |||||||
1 | applicable municipal
or county ordinance. Service of the | ||||||
2 | summons and a copy of the petition may be by
any method | ||||||
3 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
4 | certified mail, return receipt requested, provided that the | ||||||
5 | total amount of
fines and penalties for final determinations of | ||||||
6 | parking, standing,
compliance, automated speed enforcement | ||||||
7 | system, or automated traffic law violations does not
exceed | ||||||
8 | $2500. If the court is satisfied that the final determination | ||||||
9 | of
parking, standing, compliance, automated speed enforcement | ||||||
10 | system, or automated traffic law violation was entered in | ||||||
11 | accordance with
the requirements of
this Section and the | ||||||
12 | applicable municipal or county ordinance, and that the | ||||||
13 | registered
owner or the lessee, as the case may be, had an | ||||||
14 | opportunity for an
administrative hearing and for judicial | ||||||
15 | review as provided in this Section,
the court shall render | ||||||
16 | judgment in favor of the municipality or county and against
the | ||||||
17 | registered owner or the lessee for the amount indicated in the | ||||||
18 | final
determination of parking, standing, compliance, | ||||||
19 | automated speed enforcement system, or automated traffic law | ||||||
20 | violation, plus costs.
The judgment shall have
the same effect | ||||||
21 | and may be enforced in the same manner as other judgments
for | ||||||
22 | the recovery of money.
| ||||||
23 | (g) The fee for participating in a traffic education | ||||||
24 | program under this Section shall not exceed $25. | ||||||
25 | A low-income individual required to complete a traffic | ||||||
26 | education program under this Section who provides proof of |
| |||||||
| |||||||
1 | eligibility for the federal earned income tax credit under | ||||||
2 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
3 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
4 | Act shall not be required to pay any fee for participating in a | ||||||
5 | required traffic education program. | ||||||
6 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
7 | revised 1-21-20.) | ||||||
8 | (625 ILCS 5/11-208.8) | ||||||
9 | Sec. 11-208.8. Automated speed enforcement systems in | ||||||
10 | safety zones. | ||||||
11 | (a) As used in this Section: | ||||||
12 | "Automated speed enforcement
system" means a photographic | ||||||
13 | device, radar device, laser device, or other electrical or | ||||||
14 | mechanical device or devices installed or utilized in a safety | ||||||
15 | zone and designed to record the speed of a vehicle and obtain a | ||||||
16 | clear photograph or other recorded image of the vehicle and the | ||||||
17 | vehicle's registration plate or digital registration plate | ||||||
18 | while the driver is violating Article VI of Chapter 11 of this | ||||||
19 | Code or a similar provision of a local ordinance. | ||||||
20 | An automated speed enforcement system is a system, located | ||||||
21 | in a safety zone which is under the jurisdiction of a | ||||||
22 | municipality, that produces a recorded image of a motor | ||||||
23 | vehicle's violation of a provision of this Code or a local | ||||||
24 | ordinance and is designed to obtain a clear recorded image of | ||||||
25 | the vehicle and the vehicle's license plate. The recorded image |
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1 | must also display the time, date, and location of the | ||||||
2 | violation. | ||||||
3 | "Owner" means the person or entity to whom the vehicle is | ||||||
4 | registered. | ||||||
5 | "Recorded image" means images
recorded by an automated | ||||||
6 | speed enforcement system on: | ||||||
7 | (1) 2 or more photographs; | ||||||
8 | (2) 2 or more microphotographs; | ||||||
9 | (3) 2 or more electronic images; or | ||||||
10 | (4) a video recording showing the motor vehicle and, on | ||||||
11 | at
least one image or portion of the recording, clearly | ||||||
12 | identifying the
registration plate or digital registration | ||||||
13 | plate number of the motor vehicle. | ||||||
14 | "Safety zone" means an area that is within one-eighth of a | ||||||
15 | mile from the nearest property line of any public or private | ||||||
16 | elementary or secondary school, or from the nearest property | ||||||
17 | line of any facility, area, or land owned by a school district | ||||||
18 | that is used for educational purposes approved by the Illinois | ||||||
19 | State Board of Education, not including school district | ||||||
20 | headquarters or administrative buildings. A safety zone also | ||||||
21 | includes an area that is within one-eighth of a mile from the | ||||||
22 | nearest property line of any facility, area, or land owned by a | ||||||
23 | park district used for recreational purposes. However, if any | ||||||
24 | portion of a roadway is within either one-eighth mile radius, | ||||||
25 | the safety zone also shall include the roadway extended to the | ||||||
26 | furthest portion of the next furthest intersection. The term |
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1 | "safety zone" does not include any portion of the roadway known | ||||||
2 | as Lake Shore Drive or any controlled access highway with 8 or | ||||||
3 | more lanes of traffic. | ||||||
4 | (a-5) The automated speed enforcement system shall be | ||||||
5 | operational and violations shall be recorded only at the | ||||||
6 | following times: | ||||||
7 | (i) if the safety zone is based upon the property line | ||||||
8 | of any facility, area, or land owned by a school district, | ||||||
9 | only on school days and no earlier than 6 a.m. and no later | ||||||
10 | than 8:30 p.m. if the school day is during the period of | ||||||
11 | Monday through Thursday, or 9 p.m. if the school day is a | ||||||
12 | Friday; and | ||||||
13 | (ii) if the safety zone is based upon the property line | ||||||
14 | of any facility, area, or land owned by a park district, no | ||||||
15 | earlier than one hour prior to the time that the facility, | ||||||
16 | area, or land is open to the public or other patrons, and | ||||||
17 | no later than one hour after the facility, area, or land is | ||||||
18 | closed to the public or other patrons. | ||||||
19 | (b) A municipality that
produces a recorded image of a | ||||||
20 | motor vehicle's
violation of a provision of this Code or a | ||||||
21 | local ordinance must make the recorded images of a violation | ||||||
22 | accessible to the alleged violator by providing the alleged | ||||||
23 | violator with a website address, accessible through the | ||||||
24 | Internet. | ||||||
25 | (c) Notwithstanding any penalties for any other violations | ||||||
26 | of this Code, the owner of a motor vehicle used in a traffic |
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1 | violation recorded by an automated speed enforcement system | ||||||
2 | shall be subject to the following penalties: | ||||||
3 | (1) if the recorded speed is no less than 6 miles per | ||||||
4 | hour and no more than 10 miles per hour over the legal | ||||||
5 | speed limit, a civil penalty not exceeding $50, plus an | ||||||
6 | additional penalty of not more than $50 for failure to pay | ||||||
7 | the original penalty in a timely manner; or | ||||||
8 | (2) if the recorded speed is more than 10 miles per | ||||||
9 | hour over the legal speed limit, a civil penalty not | ||||||
10 | exceeding $100, plus an additional penalty of not more than | ||||||
11 | $100 for failure to pay the original penalty in a timely | ||||||
12 | manner. | ||||||
13 | A penalty may not be imposed under this Section if the | ||||||
14 | driver of the motor vehicle received a Uniform Traffic Citation | ||||||
15 | from a police officer for a speeding violation occurring within | ||||||
16 | one-eighth of a mile and 15 minutes of the violation that was | ||||||
17 | recorded by the system. A violation for which a civil penalty | ||||||
18 | is imposed
under this Section is not a violation of a traffic | ||||||
19 | regulation governing
the movement of vehicles and may not be | ||||||
20 | recorded on the driving record
of the owner of the vehicle. A | ||||||
21 | law enforcement officer is not required to be present or to | ||||||
22 | witness the violation. No penalty may be imposed under this | ||||||
23 | Section if the recorded speed of a vehicle is 5 miles per hour | ||||||
24 | or less over the legal speed limit. The municipality may send, | ||||||
25 | in the same manner that notices are sent under this Section, a | ||||||
26 | speed violation warning notice where the violation involves a |
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1 | speed of 5 miles per hour or less above the legal speed limit. | ||||||
2 | (d) The net proceeds that a municipality receives from | ||||||
3 | civil penalties imposed under an automated speed enforcement | ||||||
4 | system, after deducting all non-personnel and personnel costs | ||||||
5 | associated with the operation and maintenance of such system, | ||||||
6 | shall be expended or obligated by the municipality for the | ||||||
7 | following purposes: | ||||||
8 | (i) public safety initiatives to ensure safe passage | ||||||
9 | around schools, and to provide police protection and | ||||||
10 | surveillance around schools and parks, including but not | ||||||
11 | limited to:
(1) personnel costs; and
(2) non-personnel | ||||||
12 | costs such as construction and maintenance of public safety | ||||||
13 | infrastructure and equipment; | ||||||
14 | (ii) initiatives to improve pedestrian and traffic | ||||||
15 | safety; | ||||||
16 | (iii) construction and maintenance of infrastructure | ||||||
17 | within the municipality, including but not limited to roads | ||||||
18 | and bridges; and | ||||||
19 | (iv) after school programs. | ||||||
20 | (e) For each violation of a provision of this Code or a | ||||||
21 | local ordinance
recorded by an automated speed enforcement | ||||||
22 | system, the municipality having
jurisdiction shall issue a | ||||||
23 | written notice of the
violation to the registered owner of the | ||||||
24 | vehicle as the alleged
violator. The notice shall be delivered | ||||||
25 | to the registered
owner of the vehicle, by mail, within 30 days | ||||||
26 | after the Secretary of State notifies the municipality of the |
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1 | identity of the owner of the vehicle, but in no event later | ||||||
2 | than 90 days after the violation. | ||||||
3 | (f) The notice required under subsection (e) of this | ||||||
4 | Section shall include: | ||||||
5 | (1) the name and address of the registered owner of the
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6 | vehicle; | ||||||
7 | (2) the registration number of the motor vehicle
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8 | involved in the violation; | ||||||
9 | (3) the violation charged; | ||||||
10 | (4) the date, time, and location where the violation | ||||||
11 | occurred; | ||||||
12 | (5) a copy of the recorded image or images; | ||||||
13 | (6) the amount of the civil penalty imposed and the | ||||||
14 | date
by which the civil penalty should be paid; | ||||||
15 | (7) a statement that recorded images are evidence of a
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16 | violation of a speed restriction; | ||||||
17 | (8) a warning that failure to pay the civil penalty or | ||||||
18 | to
contest liability in a timely manner is an admission of
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19 | liability and may result in a suspension of the driving
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20 | privileges of the registered owner of the vehicle; | ||||||
21 | (9) a statement that the person may elect to proceed | ||||||
22 | by: | ||||||
23 | (A) paying the fine; or | ||||||
24 | (B) challenging the charge in court, by mail, or by | ||||||
25 | administrative hearing; and | ||||||
26 | (10) a website address, accessible through the
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1 | Internet, where the person may view the recorded images of | ||||||
2 | the violation. | ||||||
3 | (g) If a person
charged with a traffic violation, as a | ||||||
4 | result of an automated speed enforcement system, does not pay | ||||||
5 | the fine or successfully contest the civil
penalty resulting | ||||||
6 | from that violation, the Secretary of State shall suspend the
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7 | driving privileges of the
registered owner of the vehicle under | ||||||
8 | Section 6-306.5 of this Code for failing
to pay any fine or | ||||||
9 | penalty
due and owing, or both, as a result of a combination of | ||||||
10 | 5 violations of the automated speed enforcement system or the | ||||||
11 | automated traffic law under Section 11-208.6 of this Code . | ||||||
12 | (h) Based on inspection of recorded images produced by an
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13 | automated speed enforcement system, a notice alleging that the | ||||||
14 | violation occurred shall be evidence of the facts contained
in | ||||||
15 | the notice and admissible in any proceeding alleging a
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16 | violation under this Section. | ||||||
17 | (i) Recorded images made by an automated speed
enforcement | ||||||
18 | system are confidential and shall be made
available only to the | ||||||
19 | alleged violator and governmental and
law enforcement agencies | ||||||
20 | for purposes of adjudicating a
violation of this Section, for | ||||||
21 | statistical purposes, or for other governmental purposes. Any | ||||||
22 | recorded image evidencing a
violation of this Section, however, | ||||||
23 | may be admissible in
any proceeding resulting from the issuance | ||||||
24 | of the citation. | ||||||
25 | (j) The court or hearing officer may consider in defense of | ||||||
26 | a violation: |
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1 | (1) that the motor vehicle or registration plates or | ||||||
2 | digital registration plates of the motor
vehicle were | ||||||
3 | stolen before the violation occurred and not
under the | ||||||
4 | control or in the possession of the owner at
the time of | ||||||
5 | the violation; | ||||||
6 | (2) that the driver of the motor vehicle received a | ||||||
7 | Uniform Traffic Citation from a police officer for a | ||||||
8 | speeding violation occurring within one-eighth of a mile | ||||||
9 | and 15 minutes of the violation that was recorded by the | ||||||
10 | system; and | ||||||
11 | (3) any other evidence or issues provided by municipal | ||||||
12 | ordinance. | ||||||
13 | (k) To demonstrate that the motor vehicle or the | ||||||
14 | registration
plates or digital registration plates were stolen | ||||||
15 | before the violation occurred and were not under the
control or | ||||||
16 | possession of the owner at the time of the violation, the
owner | ||||||
17 | must submit proof that a report concerning the stolen
motor | ||||||
18 | vehicle or registration plates was filed with a law enforcement | ||||||
19 | agency in a timely manner. | ||||||
20 | (l) A roadway equipped with an automated speed enforcement | ||||||
21 | system shall be posted with a sign conforming to the national | ||||||
22 | Manual on Uniform Traffic Control Devices that is visible to | ||||||
23 | approaching traffic stating that vehicle speeds are being | ||||||
24 | photo-enforced and indicating the speed limit. The | ||||||
25 | municipality shall install such additional signage as it | ||||||
26 | determines is necessary to give reasonable notice to drivers as |
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1 | to where automated speed enforcement systems are installed. | ||||||
2 | (m) A roadway where a new automated speed enforcement | ||||||
3 | system is installed shall be posted with signs providing 30 | ||||||
4 | days notice of the use of a new automated speed enforcement | ||||||
5 | system prior to the issuance of any citations through the | ||||||
6 | automated speed enforcement system. | ||||||
7 | (n) The compensation paid for an automated speed | ||||||
8 | enforcement system
must be based on the value of the equipment | ||||||
9 | or the services provided and may
not be based on the number of | ||||||
10 | traffic citations issued or the revenue generated
by the | ||||||
11 | system. | ||||||
12 | (o) A municipality shall make a certified report to the | ||||||
13 | Secretary of State pursuant to Section 6-306.5 of this Code | ||||||
14 | whenever a registered owner of a vehicle has failed to pay any
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15 | fine or penalty due and owing as a result of a combination of 5 | ||||||
16 | offenses for automated speed or traffic law enforcement system | ||||||
17 | violations. | ||||||
18 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
19 | to a written lease agreement shall be liable for an automated | ||||||
20 | speed or traffic law enforcement system violation involving | ||||||
21 | such motor vehicle during the period of the lease; provided | ||||||
22 | that upon the request of the appropriate authority received | ||||||
23 | within 120 days after the violation occurred, the lessor | ||||||
24 | provides within 60 days after such receipt the name and address | ||||||
25 | of the lessee. The drivers license number of a lessee may be | ||||||
26 | subsequently individually requested by the appropriate |
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1 | authority if needed for enforcement of this Section. | ||||||
2 | Upon the provision of information by the lessor pursuant to | ||||||
3 | this subsection, the municipality may issue the violation to | ||||||
4 | the lessee of the vehicle in the same manner as it would issue | ||||||
5 | a violation to a registered owner of a vehicle pursuant to this | ||||||
6 | Section, and the lessee may be held liable for the violation. | ||||||
7 | (q) A municipality using an automated speed enforcement | ||||||
8 | system must provide notice to drivers by publishing the | ||||||
9 | locations of all safety zones where system equipment is | ||||||
10 | installed on the website of the municipality. | ||||||
11 | (r) A municipality operating an automated speed | ||||||
12 | enforcement system shall conduct a statistical analysis to | ||||||
13 | assess the safety impact of the system. The statistical | ||||||
14 | analysis shall be based upon the best available crash, traffic, | ||||||
15 | and other data, and shall cover a period of time before and | ||||||
16 | after installation of the system sufficient to provide a | ||||||
17 | statistically valid comparison of safety impact. The | ||||||
18 | statistical analysis shall be consistent with professional | ||||||
19 | judgment and acceptable industry practice. The statistical | ||||||
20 | analysis also shall be consistent with the data required for | ||||||
21 | valid comparisons of before and after conditions and shall be | ||||||
22 | conducted within a reasonable period following the | ||||||
23 | installation of the automated traffic law enforcement system. | ||||||
24 | The statistical analysis required by this subsection shall be | ||||||
25 | made available to the public and shall be published on the | ||||||
26 | website of the municipality. |
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1 | (s) This Section applies only to municipalities with a | ||||||
2 | population of 1,000,000 or more inhabitants.
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3 | (t) Except as provided in this Section, a county or | ||||||
4 | municipality, including a home rule county or municipality, may | ||||||
5 | not use an automated speed enforcement system to provide | ||||||
6 | recorded images of a motor vehicle for the purpose of recording | ||||||
7 | its speed. Except as provided under this Section, the | ||||||
8 | regulation of the use of automated speed enforcement systems to | ||||||
9 | record vehicle speeds is an exclusive power and function of the | ||||||
10 | State. This subsection (c) is a denial and limitation of home | ||||||
11 | rule powers and functions under subsection (h) of Section 6 of | ||||||
12 | Article VII of the Illinois Constitution. | ||||||
13 | (Source: P.A. 101-395, eff. 8-16-19.)
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14 | (625 ILCS 5/11-208.6 rep.)
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15 | Section 10. The Illinois Vehicle Code is amended by | ||||||
16 | repealing Section 11-208.6. | ||||||
17 | Section 90. The State Mandates Act is amended by adding | ||||||
18 | Section 8.45 as follows: | ||||||
19 | (30 ILCS 805/8.45 new) | ||||||
20 | Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
21 | of this Act, no reimbursement by the State is required for the | ||||||
22 | implementation of any mandate created by this amendatory Act of | ||||||
23 | the 101st General Assembly.
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1 | Section 95. No acceleration or delay. Where this Act makes | ||||||
2 | changes in a statute that is represented in this Act by text | ||||||
3 | that is not yet or no longer in effect (for example, a Section | ||||||
4 | represented by multiple versions), the use of that text does | ||||||
5 | not accelerate or delay the taking effect of (i) the changes | ||||||
6 | made by this Act or (ii) provisions derived from any other | ||||||
7 | Public Act.
|