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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 6-306.5, 11-208, 11-208.3, 11-208.6, and 11-612 and by | ||||||||||||||||||||||||||||||||||||||
6 | adding Sections 1-105.1 and 11-208.7 as follows: | ||||||||||||||||||||||||||||||||||||||
7 | (625 ILCS 5/1-105.1 new) | ||||||||||||||||||||||||||||||||||||||
8 | Sec. 1-105.1. Automated speed enforcement system | ||||||||||||||||||||||||||||||||||||||
9 | violation. A violation described in Section 11-208.7 of this | ||||||||||||||||||||||||||||||||||||||
10 | Code.
| ||||||||||||||||||||||||||||||||||||||
11 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| ||||||||||||||||||||||||||||||||||||||
12 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||||||||||||||||||||||||||||||||||
13 | parking,
compliance, or automated speed or traffic law | ||||||||||||||||||||||||||||||||||||||
14 | violations; suspension of driving privileges.
| ||||||||||||||||||||||||||||||||||||||
15 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||||||||||||||||||||||||||||||||||
16 | subsection (c) of
this Section, from
any municipality stating | ||||||||||||||||||||||||||||||||||||||
17 | that the owner of a registered vehicle has: (1) failed
to pay | ||||||||||||||||||||||||||||||||||||||
18 | any fine or penalty due and owing as a result of 10 or more | ||||||||||||||||||||||||||||||||||||||
19 | violations
of a
municipality's vehicular standing, parking, or | ||||||||||||||||||||||||||||||||||||||
20 | compliance
regulations established by
ordinance pursuant to | ||||||||||||||||||||||||||||||||||||||
21 | Section 11-208.3 of this Code, or (2) failed to pay any
fine or | ||||||||||||||||||||||||||||||||||||||
22 | penalty due and owing as a result of 5 offenses for automated |
| |||||||
| |||||||
1 | traffic
violations as defined in
Section 11-208.6 or automated | ||||||
2 | speed enforcement system violations as defined in Section | ||||||
3 | 11-208.7 or any combination thereof , the Secretary of State
| ||||||
4 | shall suspend the driving privileges of such person in | ||||||
5 | accordance with the
procedures set forth in this Section.
The | ||||||
6 | Secretary shall also suspend the driving privileges of an owner | ||||||
7 | of a
registered vehicle upon receipt of a certified report, as | ||||||
8 | prescribed by
subsection (f) of this Section, from any | ||||||
9 | municipality stating that such
person has failed to satisfy any | ||||||
10 | fines or penalties imposed by final judgments
for 5 or more | ||||||
11 | automated speed or traffic law violations or 10 or more | ||||||
12 | violations of local standing, parking, or
compliance | ||||||
13 | regulations after
exhaustion of judicial review procedures.
| ||||||
14 | (b) Following receipt of the certified report of the | ||||||
15 | municipality as
specified in this Section, the Secretary of | ||||||
16 | State shall notify the person
whose name appears on the | ||||||
17 | certified report that
the person's
drivers license will be | ||||||
18 | suspended at the end of a specified period of time
unless the | ||||||
19 | Secretary of State is presented with a notice from the
| ||||||
20 | municipality certifying that the fine or penalty due
and owing | ||||||
21 | the municipality has been paid or that inclusion of that
| ||||||
22 | person's name on the certified report was in error. The | ||||||
23 | Secretary's notice
shall state in substance the information
| ||||||
24 | contained in the municipality's certified report to the | ||||||
25 | Secretary, and
shall be effective as specified by subsection | ||||||
26 | (c) of Section 6-211 of this
Code.
|
| |||||||
| |||||||
1 | (c) The report of the appropriate municipal official | ||||||
2 | notifying the
Secretary of State of unpaid fines or penalties | ||||||
3 | pursuant to this Section
shall be certified and shall contain | ||||||
4 | 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 and the registration | ||||||
12 | number of any vehicle known to be registered
to such person | ||||||
13 | in this State.
| ||||||
14 | (2) The name of the municipality making the report | ||||||
15 | pursuant to this
Section.
| ||||||
16 | (3) A statement that the municipality sent a notice of | ||||||
17 | impending
drivers license suspension as prescribed by | ||||||
18 | ordinance enacted
pursuant to Section 11-208.3, to the | ||||||
19 | person named in the report at the
address recorded with the | ||||||
20 | Secretary of State or at the last address known to the | ||||||
21 | lessor of the cited vehicle at the time of lease or, if any | ||||||
22 | notice sent under Section 11-208.3 of this Code is returned | ||||||
23 | as undeliverable, at the last known address recorded in a | ||||||
24 | United States Post Office approved database; the date on | ||||||
25 | which such
notice was sent; and the address to which such | ||||||
26 | notice was sent.
In a municipality with a population of |
| |||||||
| |||||||
1 | 1,000,000 or more, the report shall
also include a | ||||||
2 | statement that the alleged violator's State vehicle | ||||||
3 | registration
number and vehicle make, if specified on the | ||||||
4 | automated speed or traffic law violation notice, are | ||||||
5 | correct as they appear on the citations.
| ||||||
6 | (d) Any municipality making a certified report to the | ||||||
7 | Secretary of State
pursuant to this Section
shall notify the | ||||||
8 | Secretary of State, in a form prescribed by the
Secretary, | ||||||
9 | whenever a person named in the certified report has paid the
| ||||||
10 | previously reported fine or penalty or whenever the | ||||||
11 | municipality determines
that the original report was in error. | ||||||
12 | A certified copy of such
notification shall also be given upon | ||||||
13 | request and at no additional charge
to the person named | ||||||
14 | therein. Upon receipt of the municipality's
notification or | ||||||
15 | presentation of a certified copy of such notification, the
| ||||||
16 | Secretary of State shall terminate the suspension.
| ||||||
17 | (e) Any municipality making a certified report to the | ||||||
18 | Secretary of State
pursuant to this Section
shall also by | ||||||
19 | ordinance establish procedures for persons to
challenge the | ||||||
20 | accuracy of the certified report. The ordinance shall also
| ||||||
21 | state the grounds for such a challenge, which may be limited to | ||||||
22 | (1) the
person not having been the owner or lessee of the | ||||||
23 | vehicle or vehicles
receiving 10 or more standing, parking, or | ||||||
24 | compliance
violation notices or 5 or more automated speed or | ||||||
25 | traffic law violations on the date or dates such notices were | ||||||
26 | issued; and (2) the
person
having already paid the fine or |
| |||||||
| |||||||
1 | penalty for the 10 or more standing, parking, or compliance | ||||||
2 | violations or 5 or more automated speed or traffic law | ||||||
3 | violations
indicated on the certified report.
| ||||||
4 | (f) Any municipality, other than a municipality | ||||||
5 | establishing vehicular
standing, parking, and compliance | ||||||
6 | regulations pursuant to
Section 11-208.3 or automated traffic | ||||||
7 | law regulations under Section 11-208.6 or automated speed | ||||||
8 | enforcement system violations under Section 11-208.7 , may also
| ||||||
9 | cause a suspension of a person's drivers license pursuant to | ||||||
10 | this Section.
Such municipality may invoke this sanction by | ||||||
11 | making a certified report to
the Secretary of State upon a | ||||||
12 | person's failure to satisfy any fine or
penalty imposed by | ||||||
13 | final judgment for 10 or more violations of local
standing, | ||||||
14 | parking, or compliance regulations or 5 or more automated speed | ||||||
15 | or traffic law violations after exhaustion
of judicial review
| ||||||
16 | procedures, but only if:
| ||||||
17 | (1) the municipality complies with the provisions of | ||||||
18 | this Section in all
respects except in regard to enacting | ||||||
19 | an ordinance pursuant to Section
11-208.3;
| ||||||
20 | (2) the municipality has sent a notice of impending
| ||||||
21 | drivers license suspension as prescribed by an ordinance | ||||||
22 | enacted pursuant to
subsection (g) of this Section; and
| ||||||
23 | (3) in municipalities with a population of 1,000,000 or | ||||||
24 | more, the
municipality
has verified that the alleged | ||||||
25 | violator's State vehicle registration number and
vehicle | ||||||
26 | make are correct as they appear on the citations.
|
| |||||||
| |||||||
1 | (g) Any municipality, other than a municipality | ||||||
2 | establishing
standing, parking, and compliance regulations | ||||||
3 | pursuant to
Section 11-208.3 or automated traffic law | ||||||
4 | regulations under Section 11-208.6 or automated speed | ||||||
5 | regulations under Section 11-208.7 , may provide by
ordinance | ||||||
6 | for the sending of a notice of impending
drivers license | ||||||
7 | suspension to the person who has failed to satisfy any fine
or | ||||||
8 | penalty imposed by final judgment for 10 or more violations of | ||||||
9 | local
standing, parking, or compliance regulations or 5 or more | ||||||
10 | automated speed or traffic law violations after exhaustion
of
| ||||||
11 | judicial review
procedures. An ordinance so providing shall | ||||||
12 | specify that the notice
sent to the person liable for any fine | ||||||
13 | or penalty
shall state that failure to pay the fine or
penalty | ||||||
14 | owing within 45 days of the notice's date will result in the
| ||||||
15 | municipality notifying the Secretary of State that
the person's | ||||||
16 | drivers license is eligible for suspension pursuant to this
| ||||||
17 | Section.
The notice of impending drivers license suspension
| ||||||
18 | shall be sent by first class United States mail, postage | ||||||
19 | prepaid, to the
address
recorded with the Secretary of State or | ||||||
20 | at the last address known to the lessor of the cited vehicle at | ||||||
21 | the time of lease or, if any notice sent under Section 11-208.3 | ||||||
22 | of this Code is returned as undeliverable, to the last known | ||||||
23 | address recorded in a United States Post Office approved | ||||||
24 | database.
| ||||||
25 | (h) An administrative hearing to contest an impending | ||||||
26 | suspension or a
suspension made pursuant to this Section may be |
| |||||||
| |||||||
1 | had upon filing a written
request with the Secretary of State. | ||||||
2 | The filing fee for this hearing shall
be $20, to be paid at the | ||||||
3 | time the request is made.
A municipality which files a | ||||||
4 | certified report with the Secretary of
State pursuant to this | ||||||
5 | Section shall reimburse the Secretary for all
reasonable costs | ||||||
6 | incurred by the Secretary as a result of the filing of the
| ||||||
7 | report, including but not limited to the costs of providing the | ||||||
8 | notice
required pursuant to subsection (b) and the costs | ||||||
9 | incurred by the Secretary
in any hearing conducted with respect | ||||||
10 | to the report pursuant to this
subsection and any appeal from | ||||||
11 | such a hearing.
| ||||||
12 | (i) The provisions of this Section shall apply on and after | ||||||
13 | January 1, 1988.
| ||||||
14 | (j) For purposes of this Section, the term "compliance | ||||||
15 | violation" is
defined as in Section 11-208.3.
| ||||||
16 | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
| ||||||
17 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| ||||||
18 | Sec. 11-208. Powers of local authorities.
| ||||||
19 | (a) The provisions of this Code shall not be deemed to | ||||||
20 | prevent
local authorities with respect to streets and highways | ||||||
21 | under their
jurisdiction and within the reasonable exercise of | ||||||
22 | the police power from:
| ||||||
23 | 1. Regulating the standing or parking of vehicles, | ||||||
24 | except as
limited by Section 11-1306 of this Act;
| ||||||
25 | 2. Regulating traffic by means of police officers or |
| |||||||
| |||||||
1 | traffic control
signals;
| ||||||
2 | 3. Regulating or prohibiting processions or | ||||||
3 | assemblages on the highways;
| ||||||
4 | 4. Designating particular highways as one-way highways | ||||||
5 | and requiring that
all vehicles thereon be moved in one | ||||||
6 | specific direction;
| ||||||
7 | 5. Regulating the speed of vehicles in public parks | ||||||
8 | subject to the
limitations set forth in Section 11-604;
| ||||||
9 | 6. Designating any highway as a through highway, as | ||||||
10 | authorized in Section
11-302, and requiring that all | ||||||
11 | vehicles stop before entering or crossing
the same or | ||||||
12 | designating any intersection as a stop intersection or a | ||||||
13 | yield
right-of-way intersection and requiring all vehicles | ||||||
14 | to stop or yield the
right-of-way at one or more entrances | ||||||
15 | to such intersections;
| ||||||
16 | 7. Restricting the use of highways as authorized in | ||||||
17 | Chapter 15;
| ||||||
18 | 8. Regulating the operation of bicycles and requiring | ||||||
19 | the
registration and licensing of same, including the | ||||||
20 | requirement of a
registration fee;
| ||||||
21 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
22 | specified
types of vehicles at intersections;
| ||||||
23 | 10. Altering the speed limits as authorized in Section | ||||||
24 | 11-604;
| ||||||
25 | 11. Prohibiting U-turns;
| ||||||
26 | 12. Prohibiting pedestrian crossings at other than |
| |||||||
| |||||||
1 | designated and marked
crosswalks or at intersections;
| ||||||
2 | 13. Prohibiting parking during snow removal operation;
| ||||||
3 | 14. Imposing fines in accordance with Section | ||||||
4 | 11-1301.3 as penalties
for use of any parking place | ||||||
5 | reserved for persons with disabilities, as defined
by | ||||||
6 | Section 1-159.1, or disabled veterans by any person using a | ||||||
7 | motor
vehicle not bearing registration plates specified in | ||||||
8 | Section 11-1301.1
or a special decal or device as defined | ||||||
9 | in Section 11-1301.2
as evidence that the vehicle is | ||||||
10 | operated by or for a person
with disabilities or disabled | ||||||
11 | veteran;
| ||||||
12 | 15. Adopting such other traffic regulations as are | ||||||
13 | specifically
authorized by this Code; or
| ||||||
14 | 16. Enforcing the provisions of subsection (f) of | ||||||
15 | Section 3-413 of this
Code or a similar local ordinance.
| ||||||
16 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
17 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
18 | until signs giving
reasonable notice of such local traffic | ||||||
19 | regulations are posted.
| ||||||
20 | (c) The provisions of this Code shall not prevent any
| ||||||
21 | municipality having a population of 500,000 or more inhabitants | ||||||
22 | from
prohibiting any person from driving or operating any motor | ||||||
23 | vehicle upon
the roadways of such municipality with headlamps | ||||||
24 | on high beam or bright.
| ||||||
25 | (d) The provisions of this Code shall not be deemed to | ||||||
26 | prevent local
authorities within the reasonable exercise of |
| |||||||
| |||||||
1 | their police power from
prohibiting, on private property, the | ||||||
2 | unauthorized use of parking spaces
reserved for persons with | ||||||
3 | disabilities.
| ||||||
4 | (e) No unit of local government, including a home rule | ||||||
5 | unit, may enact or
enforce an ordinance that applies only to | ||||||
6 | motorcycles if the principal purpose
for that ordinance is to | ||||||
7 | restrict the access of motorcycles to any highway or
portion of | ||||||
8 | a highway for which federal or State funds have been used for | ||||||
9 | the
planning, design, construction, or maintenance of that | ||||||
10 | highway. No unit of
local government, including a home rule | ||||||
11 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
12 | protective headgear. Nothing in this subsection
(e) shall | ||||||
13 | affect the authority of a unit of local government to regulate
| ||||||
14 | motorcycles for traffic control purposes or in accordance with | ||||||
15 | Section 12-602
of this Code. No unit of local government, | ||||||
16 | including a home rule unit, may
regulate motorcycles in a | ||||||
17 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
18 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
19 | the
Illinois Constitution on the concurrent exercise by home | ||||||
20 | rule units of powers
and functions exercised by the State.
| ||||||
21 | (f) A municipality or county designated in Section 11-208.6 | ||||||
22 | may enact an ordinance providing for an
automated traffic law | ||||||
23 | enforcement system to enforce violations of this Code or
a | ||||||
24 | similar provision of a local ordinance and imposing liability | ||||||
25 | on a registered owner of a vehicle used in such a violation.
| ||||||
26 | (g) A municipality or county may enact an ordinance |
| |||||||
| |||||||
1 | providing for an automated speed enforcement system under | ||||||
2 | Section 11-208.7 of this Code to enforce violations of Section | ||||||
3 | 11-605 or a similar provision of a local ordinance and imposing | ||||||
4 | liability on a registered owner of a vehicle used in such a | ||||||
5 | violation. | ||||||
6 | (Source: P.A. 94-795, eff. 5-22-06.)
| ||||||
7 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||||||
8 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
9 | of traffic
regulations concerning the standing, parking, or | ||||||
10 | condition of
vehicles and automated speed or traffic law | ||||||
11 | violations.
| ||||||
12 | (a) Any municipality may provide by ordinance for a system | ||||||
13 | of
administrative adjudication of vehicular standing and | ||||||
14 | parking violations and
vehicle compliance violations as | ||||||
15 | defined in this subsection and automated traffic law violations | ||||||
16 | as defined in Section 11-208.6 and automated speed enforcement | ||||||
17 | system violations as defined in Section 11-208.7 .
The | ||||||
18 | administrative system shall have as its purpose the fair and
| ||||||
19 | efficient enforcement of municipal regulations through the
| ||||||
20 | administrative adjudication of automated speed or traffic law | ||||||
21 | violations and violations of municipal ordinances
regulating | ||||||
22 | the standing and parking of vehicles, the condition and use of
| ||||||
23 | vehicle equipment, and the display of municipal wheel tax | ||||||
24 | licenses within the
municipality's
borders. The administrative | ||||||
25 | system shall only have authority to adjudicate
civil offenses |
| |||||||
| |||||||
1 | carrying fines not in excess of $250 that occur after the
| ||||||
2 | effective date of the ordinance adopting such a system under | ||||||
3 | this Section.
For purposes of this Section, "compliance | ||||||
4 | violation" means a violation of a
municipal regulation | ||||||
5 | governing the condition or use of equipment on a vehicle
or | ||||||
6 | governing the display of a municipal wheel tax license.
| ||||||
7 | (b) Any ordinance establishing a system of administrative | ||||||
8 | adjudication
under this Section shall provide for:
| ||||||
9 | (1) A traffic compliance administrator authorized to
| ||||||
10 | adopt, distribute and
process parking, compliance, and | ||||||
11 | automated speed or traffic law violation notices and other | ||||||
12 | notices required
by this
Section, collect money paid as | ||||||
13 | fines and penalties for violation of parking
and compliance
| ||||||
14 | ordinances and automated speed or traffic law violations, | ||||||
15 | and operate an administrative adjudication system. The | ||||||
16 | traffic
compliance
administrator also may make a certified | ||||||
17 | report to the Secretary of State
under Section 6-306.5.
| ||||||
18 | (2) A parking, standing, compliance, or automated | ||||||
19 | speed or traffic law violation notice
that
shall specify | ||||||
20 | the date,
time, and place of violation of a parking, | ||||||
21 | standing,
compliance, or automated speed or traffic law
| ||||||
22 | regulation; the particular regulation
violated; the fine | ||||||
23 | and any penalty that may be assessed for late payment,
when | ||||||
24 | so provided by ordinance; the vehicle make and state | ||||||
25 | registration
number; and the identification number of the
| ||||||
26 | person issuing the notice.
With regard to automated speed |
| |||||||
| |||||||
1 | or traffic law violations, vehicle make shall be specified | ||||||
2 | on the automated speed or traffic law violation notice if | ||||||
3 | the make is available and readily discernible. With regard | ||||||
4 | to municipalities with a population of 1 million or more, | ||||||
5 | it
shall be grounds for
dismissal of a parking
violation if | ||||||
6 | the state registration number or vehicle make specified is
| ||||||
7 | incorrect. The violation notice shall state that the | ||||||
8 | payment of the indicated
fine, and of any applicable | ||||||
9 | penalty for late payment, shall operate as a
final | ||||||
10 | disposition of the violation. The notice also shall contain
| ||||||
11 | information as to the availability of a hearing in which | ||||||
12 | the violation may
be contested on its merits. The violation | ||||||
13 | notice shall specify the
time and manner in which a hearing | ||||||
14 | may be had.
| ||||||
15 | (3) Service of the parking, standing, or compliance
| ||||||
16 | violation notice by affixing the
original or a facsimile of | ||||||
17 | the notice to an unlawfully parked vehicle or by
handing | ||||||
18 | the notice to the operator of a vehicle if he or she is
| ||||||
19 | present and service of an automated speed or traffic law | ||||||
20 | violation notice by mail to the
address
of the registered | ||||||
21 | owner of the cited vehicle as recorded with the Secretary | ||||||
22 | of
State within 30 days after the Secretary of State | ||||||
23 | notifies the municipality or county of the identity of the | ||||||
24 | owner of the vehicle, but in no event later than 90 days | ||||||
25 | after the violation. A person authorized by ordinance to | ||||||
26 | issue and serve parking,
standing, and compliance
|
| |||||||
| |||||||
1 | violation notices shall certify as to the correctness of | ||||||
2 | the facts entered
on the violation notice by signing his or | ||||||
3 | her name to the notice at
the time of service or in the | ||||||
4 | case of a notice produced by a computerized
device, by | ||||||
5 | signing a single certificate to be kept by the traffic
| ||||||
6 | compliance
administrator attesting to the correctness of | ||||||
7 | all notices produced by the
device while it was under his | ||||||
8 | or her control. In the case of an automated traffic law | ||||||
9 | violation, the ordinance shall
require
a
determination by a | ||||||
10 | technician employed or contracted by the municipality or | ||||||
11 | county that,
based on inspection of recorded images, the | ||||||
12 | motor vehicle was being operated in
violation of Section | ||||||
13 | 11-208.6 or a local ordinance.
If the technician determines | ||||||
14 | that the
vehicle entered the intersection as part of a | ||||||
15 | funeral procession or in order to
yield the right-of-way to | ||||||
16 | an emergency vehicle, a citation shall not be issued. In | ||||||
17 | the case of a automated speed enforcement system violation, | ||||||
18 | the ordinance shall require a determination by a technician | ||||||
19 | employed or contracted by the municipality or county or | ||||||
20 | entity having a contract with the municipality or county | ||||||
21 | that, based on inspection of recorded images, the motor | ||||||
22 | vehicle was being operated in violation of Section 11-605 | ||||||
23 | or a similar local ordinance. The original or a
facsimile | ||||||
24 | of the violation notice or, in the case of a notice | ||||||
25 | produced by a
computerized device, a printed record | ||||||
26 | generated by the device showing the facts
entered on the |
| |||||||
| |||||||
1 | notice, shall be retained by the
traffic compliance
| ||||||
2 | administrator, and shall be a record kept in the ordinary | ||||||
3 | course of
business. A parking, standing, compliance, or | ||||||
4 | automated speed or traffic law violation notice issued,
| ||||||
5 | signed and served in
accordance with this Section, a copy | ||||||
6 | of the notice, or the computer
generated record shall be | ||||||
7 | prima facie
correct and shall be prima facie evidence of | ||||||
8 | the correctness of the facts
shown on the notice. The | ||||||
9 | notice, copy, or computer generated
record shall be | ||||||
10 | admissible in any
subsequent administrative or legal | ||||||
11 | proceedings.
| ||||||
12 | (4) An opportunity for a hearing for the registered | ||||||
13 | owner of the
vehicle cited in the parking, standing, | ||||||
14 | compliance, or automated speed or traffic law violation | ||||||
15 | notice in
which the owner may
contest the merits of the | ||||||
16 | alleged violation, and during which formal or
technical | ||||||
17 | rules of evidence shall not apply; provided, however, that | ||||||
18 | under
Section 11-1306 of this Code the lessee of a vehicle | ||||||
19 | cited in the
violation notice likewise shall be provided an | ||||||
20 | opportunity for a hearing of
the same kind afforded the | ||||||
21 | registered owner. The hearings shall be
recorded, and the | ||||||
22 | person conducting the hearing on behalf of the traffic
| ||||||
23 | compliance
administrator shall be empowered to administer | ||||||
24 | oaths and to secure by
subpoena both the attendance and | ||||||
25 | testimony of witnesses and the production
of relevant books | ||||||
26 | and papers. Persons appearing at a hearing under this
|
| |||||||
| |||||||
1 | Section may be represented by counsel at their expense. The | ||||||
2 | ordinance may
also provide for internal administrative | ||||||
3 | review following the decision of
the hearing officer.
| ||||||
4 | (5) Service of additional notices, sent by first class | ||||||
5 | United States
mail, postage prepaid, to the address of the | ||||||
6 | registered owner of the cited
vehicle as recorded with the | ||||||
7 | Secretary of State or, if any notice to that address is | ||||||
8 | returned as undeliverable, to the last known address | ||||||
9 | recorded in a United States Post Office approved database,
| ||||||
10 | or, under Section 11-1306
of this Code, to the lessee of | ||||||
11 | the cited vehicle at the last address known
to the lessor | ||||||
12 | of the cited vehicle at the time of lease or, if any notice | ||||||
13 | to that address is returned as undeliverable, to the last | ||||||
14 | known address recorded in a United States Post Office | ||||||
15 | approved database.
The service shall
be deemed complete as | ||||||
16 | of the date of deposit in the United States mail.
The | ||||||
17 | notices shall be in the following sequence and shall | ||||||
18 | include but not be
limited to the information specified | ||||||
19 | herein:
| ||||||
20 | (i) A second notice of parking, standing, or | ||||||
21 | compliance violation. This notice shall specify the
| ||||||
22 | date and location of the violation cited in the | ||||||
23 | parking,
standing,
or compliance violation
notice, the | ||||||
24 | particular regulation violated, the vehicle
make and | ||||||
25 | state registration number, the fine and any penalty | ||||||
26 | that may be
assessed for late payment when so provided |
| |||||||
| |||||||
1 | by ordinance, the availability
of a hearing in which | ||||||
2 | the violation may be contested on its merits, and the
| ||||||
3 | time and manner in which the hearing may be had. The | ||||||
4 | notice of violation
shall also state that failure | ||||||
5 | either to pay the indicated fine and any
applicable | ||||||
6 | penalty, or to appear at a hearing on the merits in the | ||||||
7 | time and
manner specified, will result in a final | ||||||
8 | determination of violation
liability for the cited | ||||||
9 | violation in the amount of the fine or penalty
| ||||||
10 | indicated, and that, upon the occurrence of a final | ||||||
11 | determination of violation liability for the failure, | ||||||
12 | and the exhaustion of, or
failure to exhaust, available | ||||||
13 | administrative or judicial procedures for
review, any | ||||||
14 | unpaid fine or penalty will constitute a debt due and | ||||||
15 | owing
the municipality.
| ||||||
16 | (ii) A notice of final determination of parking, | ||||||
17 | standing,
compliance, or automated speed or traffic | ||||||
18 | law violation liability.
This notice shall be sent | ||||||
19 | following a final determination of parking,
standing, | ||||||
20 | compliance, or automated speed or traffic law
| ||||||
21 | violation liability and the conclusion of judicial | ||||||
22 | review procedures taken
under this Section. The notice | ||||||
23 | shall state that the unpaid fine or
penalty is a debt | ||||||
24 | due and owing the municipality. The notice shall | ||||||
25 | contain
warnings that failure to pay any fine or | ||||||
26 | penalty due and owing the
municipality within the time |
| |||||||
| |||||||
1 | specified may result in the municipality's
filing of a | ||||||
2 | petition in the Circuit Court to have the unpaid
fine | ||||||
3 | or penalty rendered a judgment as provided by this | ||||||
4 | Section, or may
result in suspension of the person's | ||||||
5 | drivers license for failure to pay
fines or penalties | ||||||
6 | for 10 or more parking violations under Section 6-306.5 | ||||||
7 | or 5 or more automated traffic law violations under | ||||||
8 | Section 11-208.6 or 5 or more automated speed | ||||||
9 | enforcement system violations under Section 11-208.7 .
| ||||||
10 | (6) A Notice of impending drivers license suspension. | ||||||
11 | This
notice shall be sent to the person liable for any fine | ||||||
12 | or penalty that
remains due and owing on 10 or more parking
| ||||||
13 | violations or 5 or more unpaid automated speed or traffic | ||||||
14 | law violations. The notice
shall state that failure to pay | ||||||
15 | the fine or penalty owing within 45 days of
the notice's | ||||||
16 | date will result in the municipality notifying the | ||||||
17 | Secretary
of State that the person is eligible for | ||||||
18 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
19 | of this Code. The notice shall also state
that the person | ||||||
20 | may obtain a photostatic copy of an original ticket | ||||||
21 | imposing a
fine or penalty by sending a self addressed, | ||||||
22 | stamped envelope to the
municipality along with a request | ||||||
23 | for the photostatic copy.
The notice of impending
drivers | ||||||
24 | license suspension shall be sent by first class United | ||||||
25 | States mail,
postage prepaid, to the address recorded with | ||||||
26 | the Secretary of State or, if any notice to that address is |
| |||||||
| |||||||
1 | returned as undeliverable, to the last known address | ||||||
2 | recorded in a United States Post Office approved database.
| ||||||
3 | (7) Final determinations of violation liability. A | ||||||
4 | final
determination of violation liability shall occur | ||||||
5 | following failure
to pay the fine or penalty after a | ||||||
6 | hearing officer's determination of violation liability and | ||||||
7 | the exhaustion of or failure to exhaust any
administrative | ||||||
8 | review procedures provided by ordinance. Where a person
| ||||||
9 | fails to appear at a hearing to contest the alleged | ||||||
10 | violation in the time
and manner specified in a prior | ||||||
11 | mailed notice, the hearing officer's
determination of | ||||||
12 | violation liability shall become final: (A) upon
denial of | ||||||
13 | a timely petition to set aside that determination, or (B) | ||||||
14 | 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, or automated speed or traffic law | ||||||
18 | violation
liability that may be filed by a person owing an | ||||||
19 | unpaid fine or penalty.
The petition shall be filed with | ||||||
20 | and ruled upon by the traffic compliance
administrator in | ||||||
21 | the manner and within the time specified by ordinance.
The | ||||||
22 | grounds for the petition may be limited to: (A) the person | ||||||
23 | not having
been the owner or lessee of the cited vehicle on | ||||||
24 | the date the
violation notice was issued, (B) the person | ||||||
25 | having already paid the fine or
penalty for the violation | ||||||
26 | in question, and (C) excusable failure to
appear at or
|
| |||||||
| |||||||
1 | request a new date for a hearing.
With regard to | ||||||
2 | municipalities with a population of 1 million or more, it
| ||||||
3 | shall be grounds for
dismissal of a
parking violation if | ||||||
4 | the state registration number, or vehicle make if | ||||||
5 | specified, is
incorrect. After the determination of
| ||||||
6 | parking, standing, compliance, or automated speed or | ||||||
7 | traffic law violation liability has been set aside
upon a | ||||||
8 | showing of just
cause, the registered owner shall be | ||||||
9 | provided with a hearing on the merits
for that violation.
| ||||||
10 | (9) Procedures for non-residents. Procedures by which | ||||||
11 | persons who are
not residents of the municipality may | ||||||
12 | contest the merits of the alleged
violation without | ||||||
13 | attending a hearing.
| ||||||
14 | (10) A schedule of civil fines for violations of | ||||||
15 | vehicular standing,
parking, compliance, or automated | ||||||
16 | speed or traffic law regulations enacted by ordinance | ||||||
17 | pursuant to this
Section, and a
schedule of penalties for | ||||||
18 | late payment of the fines, provided, however,
that the | ||||||
19 | total amount of the fine and penalty for any one violation | ||||||
20 | shall
not exceed $250, except as provided in subsection (c) | ||||||
21 | of Section 11-1301.3 of this Code.
| ||||||
22 | (11) Other provisions as are necessary and proper to | ||||||
23 | carry into
effect the powers granted and purposes stated in | ||||||
24 | this Section.
| ||||||
25 | (c) Any municipality establishing vehicular standing, | ||||||
26 | parking,
compliance, or automated speed or traffic law
|
| |||||||
| |||||||
1 | regulations under this Section may also provide by ordinance | ||||||
2 | for a
program of vehicle immobilization for the purpose of | ||||||
3 | facilitating
enforcement of those regulations. The program of | ||||||
4 | vehicle
immobilization shall provide for immobilizing any | ||||||
5 | eligible vehicle upon the
public way by presence of a restraint | ||||||
6 | in a manner to prevent operation of
the vehicle. Any ordinance | ||||||
7 | establishing a program of vehicle
immobilization under this | ||||||
8 | Section shall provide:
| ||||||
9 | (1) Criteria for the designation of vehicles eligible | ||||||
10 | for
immobilization. A vehicle shall be eligible for | ||||||
11 | immobilization when the
registered owner of the vehicle has | ||||||
12 | accumulated the number of unpaid final
determinations of | ||||||
13 | parking, standing, compliance, or automated speed or | ||||||
14 | traffic law violation liability as
determined by | ||||||
15 | ordinance.
| ||||||
16 | (2) A notice of impending vehicle immobilization and a | ||||||
17 | right to a
hearing to challenge the validity of the notice | ||||||
18 | by disproving liability
for the unpaid final | ||||||
19 | determinations of parking, standing, compliance, or | ||||||
20 | automated speed or traffic law
violation liability listed
| ||||||
21 | on the notice.
| ||||||
22 | (3) The right to a prompt hearing after a vehicle has | ||||||
23 | been immobilized
or subsequently towed without payment of | ||||||
24 | the outstanding fines and
penalties on parking, standing, | ||||||
25 | compliance, or automated speed or traffic law violations | ||||||
26 | for which final
determinations have been
issued. An order |
| |||||||
| |||||||
1 | issued after the hearing is a final administrative
decision | ||||||
2 | within the meaning of Section 3-101 of the Code of Civil | ||||||
3 | Procedure.
| ||||||
4 | (4) A post immobilization and post-towing notice | ||||||
5 | advising the registered
owner of the vehicle of the right | ||||||
6 | to a hearing to challenge the validity
of the impoundment.
| ||||||
7 | (d) Judicial review of final determinations of parking, | ||||||
8 | standing,
compliance, or automated speed or traffic law
| ||||||
9 | violations and final administrative decisions issued after | ||||||
10 | hearings
regarding vehicle immobilization and impoundment made
| ||||||
11 | under this Section shall be subject to the provisions of
the | ||||||
12 | Administrative Review Law.
| ||||||
13 | (e) Any fine, penalty, or part of any fine or any penalty | ||||||
14 | remaining
unpaid after the exhaustion of, or the failure to | ||||||
15 | exhaust, administrative
remedies created under this Section | ||||||
16 | and the conclusion of any judicial
review procedures shall be a | ||||||
17 | debt due and owing the municipality and, as
such, may be | ||||||
18 | collected in accordance with applicable law. Payment in full
of | ||||||
19 | any fine or penalty resulting from a standing, parking,
| ||||||
20 | compliance, or automated speed or traffic law violation shall
| ||||||
21 | constitute a final disposition of that violation.
| ||||||
22 | (f) After the expiration of the period within which | ||||||
23 | judicial review may
be sought for a final determination of | ||||||
24 | parking, standing, compliance, or automated speed or traffic | ||||||
25 | law
violation, the municipality
may commence a proceeding in | ||||||
26 | the Circuit Court for purposes of obtaining a
judgment on the |
| |||||||
| |||||||
1 | final determination of violation. Nothing in this
Section shall | ||||||
2 | prevent a municipality from consolidating multiple final
| ||||||
3 | determinations of parking, standing, compliance, or automated | ||||||
4 | speed or traffic law violations against a
person in a | ||||||
5 | proceeding.
Upon commencement of the action, the municipality | ||||||
6 | shall file a certified
copy or record of the final | ||||||
7 | determination of parking, standing, compliance, or automated | ||||||
8 | speed or traffic law
violation, which shall be
accompanied by a | ||||||
9 | certification that recites facts sufficient to show that
the | ||||||
10 | final determination of violation was
issued in accordance with | ||||||
11 | this Section and the applicable municipal
ordinance. Service of | ||||||
12 | the summons and a copy of the petition may be by
any method | ||||||
13 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
14 | certified mail, return receipt requested, provided that the | ||||||
15 | total amount of
fines and penalties for final determinations of | ||||||
16 | parking, standing,
compliance, or automated speed or traffic | ||||||
17 | law violations does not
exceed $2500. If the court is satisfied | ||||||
18 | that the final determination of
parking, standing, compliance, | ||||||
19 | or automated speed or traffic law violation was entered in | ||||||
20 | accordance with
the requirements of
this Section and the | ||||||
21 | applicable municipal ordinance, and that the registered
owner | ||||||
22 | or the lessee, as the case may be, had an opportunity for an
| ||||||
23 | administrative hearing and for judicial review as provided in | ||||||
24 | this Section,
the court shall render judgment in favor of the | ||||||
25 | municipality and against
the registered owner or the lessee for | ||||||
26 | the amount indicated in the final
determination of parking, |
| |||||||
| |||||||
1 | standing, compliance, or automated speed or traffic law | ||||||
2 | violation, plus costs.
The judgment shall have
the same effect | ||||||
3 | and may be enforced in the same manner as other judgments
for | ||||||
4 | the recovery of money.
| ||||||
5 | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | ||||||
6 | 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| ||||||
7 | (625 ILCS 5/11-208.6)
| ||||||
8 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
9 | (a) As used in this Section, "automated traffic law | ||||||
10 | enforcement
system" means a device with one or more motor | ||||||
11 | vehicle sensors working
in conjunction with a red light signal | ||||||
12 | to produce recorded images of
motor vehicles entering an | ||||||
13 | intersection against a red signal
indication in violation of | ||||||
14 | Section 11-306 of this Code or a similar provision
of a local | ||||||
15 | ordinance.
| ||||||
16 | An
automated traffic law enforcement system is a system, in | ||||||
17 | a municipality or
county operated by a
governmental agency, | ||||||
18 | that
produces a recorded image of a motor vehicle's
violation | ||||||
19 | of a provision of this Code or a local ordinance
and is | ||||||
20 | designed to obtain a clear recorded image of the
vehicle and | ||||||
21 | the vehicle's license plate. The recorded image must also
| ||||||
22 | display the time, date, and location of the violation.
| ||||||
23 | (b) As used in this Section, "recorded images" means images
| ||||||
24 | recorded by an automated traffic law enforcement system on:
| ||||||
25 | (1) 2 or more photographs;
|
| |||||||
| |||||||
1 | (2) 2 or more microphotographs;
| ||||||
2 | (3) 2 or more electronic images; or
| ||||||
3 | (4) a video recording showing the motor vehicle and, on | ||||||
4 | at
least one image or portion of the recording, clearly | ||||||
5 | identifying the
registration plate number of the motor | ||||||
6 | vehicle.
| ||||||
7 | (c) A county or municipality, including a home rule county | ||||||
8 | or municipality, may not use an automated traffic law | ||||||
9 | enforcement system to provide recorded images of a motor | ||||||
10 | vehicle for the purpose of recording its speed. The regulation | ||||||
11 | of the use of automated traffic law enforcement systems to | ||||||
12 | record vehicle speeds is an exclusive power and function of the | ||||||
13 | State. This subsection (c) is a denial and limitation of home | ||||||
14 | rule powers and functions under subsection (h) of Section 6 of | ||||||
15 | Article VII of the Illinois Constitution.
Nothing in this | ||||||
16 | subsection (c) limits the authority of a county or municipality | ||||||
17 | to implement and use an automated speed enforcement system | ||||||
18 | under Section 11-208.7 of this Code. | ||||||
19 | (d) For each violation of a provision of this Code or a | ||||||
20 | local ordinance
recorded by an automatic
traffic law | ||||||
21 | enforcement system, the county or municipality having
| ||||||
22 | jurisdiction shall issue a written notice of the
violation to | ||||||
23 | the registered owner of the vehicle as the alleged
violator. | ||||||
24 | The notice shall be delivered to the registered
owner of the | ||||||
25 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
26 | notifies the municipality or county of the identity of the |
| |||||||
| |||||||
1 | owner of the vehicle, but in no event later than 90 days after | ||||||
2 | the violation.
| ||||||
3 | The notice shall include:
| ||||||
4 | (1) the name and address of the registered owner of the
| ||||||
5 | vehicle;
| ||||||
6 | (2) the registration number of the motor vehicle
| ||||||
7 | involved in the violation;
| ||||||
8 | (3) the violation charged;
| ||||||
9 | (4) the location where the violation occurred;
| ||||||
10 | (5) the date and time of the violation;
| ||||||
11 | (6) a copy of the recorded images;
| ||||||
12 | (7) the amount of the civil penalty imposed and the | ||||||
13 | date
by which the civil penalty should be paid;
| ||||||
14 | (8) a statement that recorded images are evidence of a
| ||||||
15 | violation of a red light signal;
| ||||||
16 | (9) a warning that failure to pay the civil penalty or | ||||||
17 | to
contest liability in a timely manner is an admission of
| ||||||
18 | liability and may result in a suspension of the driving
| ||||||
19 | privileges of the registered owner of the vehicle; and
| ||||||
20 | (10) a statement that the person may elect to proceed | ||||||
21 | by:
| ||||||
22 | (A) paying the fine; or
| ||||||
23 | (B) challenging the charge in court, by mail, or by | ||||||
24 | administrative hearing.
| ||||||
25 | (e) If a person
charged with a traffic violation, as a | ||||||
26 | result of an automated traffic law
enforcement system, does not |
| |||||||
| |||||||
1 | pay or successfully contest the civil
penalty resulting from | ||||||
2 | that violation, the Secretary of State shall suspend the
| ||||||
3 | driving privileges of the
registered owner of the vehicle under | ||||||
4 | Section 6-306.5 of this Code for failing
to pay any fine or | ||||||
5 | penalty
due and owing as a result of 5 violations of the | ||||||
6 | automated traffic law
enforcement system.
| ||||||
7 | (f) Based on inspection of recorded images produced by an
| ||||||
8 | automated traffic law enforcement system, a notice alleging | ||||||
9 | that the violation occurred shall be evidence of the facts | ||||||
10 | contained
in the notice and admissible in any proceeding | ||||||
11 | alleging a
violation under this Section.
| ||||||
12 | (g) Recorded images made by an automatic traffic law
| ||||||
13 | enforcement system are confidential and shall be made
available | ||||||
14 | only to the alleged violator and governmental and
law | ||||||
15 | enforcement agencies for purposes of adjudicating a
violation | ||||||
16 | of this Section, for statistical purposes, or for other | ||||||
17 | governmental purposes. Any recorded image evidencing a
| ||||||
18 | violation of this Section, however, may be admissible in
any | ||||||
19 | proceeding resulting from the issuance of the citation.
| ||||||
20 | (h) The court or hearing officer may consider in defense of | ||||||
21 | a violation:
| ||||||
22 | (1) that the motor vehicle or registration plates of | ||||||
23 | the motor
vehicle were stolen before the violation occurred | ||||||
24 | and not
under the control of or in the possession of the | ||||||
25 | owner at
the time of the violation;
| ||||||
26 | (2) that the driver of the vehicle passed through the
|
| |||||||
| |||||||
1 | intersection when the light was red either (i) in order to
| ||||||
2 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
3 | part of a funeral procession; and
| ||||||
4 | (3) any other evidence or issues provided by municipal | ||||||
5 | or county ordinance.
| ||||||
6 | (i) To demonstrate that the motor vehicle or the | ||||||
7 | registration
plates were stolen before the violation occurred | ||||||
8 | and were not under the
control or possession of the owner at | ||||||
9 | the time of the violation, the
owner must submit proof that a | ||||||
10 | report concerning the stolen
motor vehicle or registration | ||||||
11 | plates was filed with a law enforcement agency in a timely | ||||||
12 | manner.
| ||||||
13 | (j) Unless the driver of the motor vehicle received a | ||||||
14 | Uniform
Traffic Citation from a police officer at the time of | ||||||
15 | the violation,
the motor vehicle owner is subject to a civil | ||||||
16 | penalty not exceeding
$100, plus an additional penalty of not | ||||||
17 | more than $100 for failure to pay the original penalty in a | ||||||
18 | timely manner, if the motor vehicle is recorded by an automated | ||||||
19 | traffic law
enforcement system. A violation for which a civil | ||||||
20 | penalty is imposed
under this Section is not a violation of a | ||||||
21 | traffic regulation governing
the movement of vehicles and may | ||||||
22 | not be recorded on the driving record
of the owner of the | ||||||
23 | vehicle.
| ||||||
24 | (k) An intersection equipped with an automated traffic law
| ||||||
25 | enforcement system must be posted with a sign visible to | ||||||
26 | approaching traffic
indicating that the intersection is being |
| |||||||
| |||||||
1 | monitored by an automated
traffic law enforcement system.
| ||||||
2 | (l) The compensation paid for an automated traffic law | ||||||
3 | enforcement system
must be based on the value of the equipment | ||||||
4 | or the services provided and may
not be based on the number of | ||||||
5 | traffic citations issued or the revenue generated
by the | ||||||
6 | system.
| ||||||
7 | (m) This Section applies only to the counties of Cook, | ||||||
8 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
9 | to municipalities located within those counties.
| ||||||
10 | (Source: P.A. 94-795, eff. 5-22-06.) | ||||||
11 | (625 ILCS 5/11-208.7 new) | ||||||
12 | Sec. 11-208.7. Automated speed enforcement system. | ||||||
13 | (a) As used in this Section: | ||||||
14 | "Automated speed enforcement system" means a technology | ||||||
15 | that: | ||||||
16 | (1) is designed to record the speed of a vehicle and | ||||||
17 | obtain quality recorded images of a motor vehicle, a | ||||||
18 | driver's face, and the motor vehicle registration plate | ||||||
19 | while a driver is violating Section 11-605 of this Code or | ||||||
20 | a similar local ordinance in high-risk locations, | ||||||
21 | including, but not limited to, school speed zones, | ||||||
22 | interstate highways, and areas with a high volume of motor | ||||||
23 | vehicle accidents; a law enforcement officer is not | ||||||
24 | required to be present or to witness the violation; | ||||||
25 | (2) averages speed over a set distance rather than |
| |||||||
| |||||||
1 | capturing a driver's speed at a moment in time; | ||||||
2 | (3) has a demonstrated capability of producing quality | ||||||
3 | pictures of both a driver's face and license plates in | ||||||
4 | varying weather conditions; and | ||||||
5 | (4) is designed for multi-functional capabilities | ||||||
6 | beyond automated speed enforcement, including (i) locating | ||||||
7 | and apprehending criminals, (ii) locating and apprehending | ||||||
8 | individuals that are the subject of Amber Alerts, and (iii) | ||||||
9 | recovery of stolen vehicles. | ||||||
10 | "Owner" means the registered owner of a motor vehicle or a | ||||||
11 | lessee of a motor vehicle under a lease of 6 months or more. | ||||||
12 | "Recorded images" means images recorded by an automated | ||||||
13 | speed enforcement system displaying the time, date, and | ||||||
14 | location of the violation and showing the motor vehicle and | ||||||
15 | clearly identifying the driver's face and registration plate of | ||||||
16 | the motor vehicle on: | ||||||
17 | (1) one or more photographs; | ||||||
18 | (2) one or more microphotographs; | ||||||
19 | (3) one or more electronic images; or | ||||||
20 | (4) a video recording. | ||||||
21 | (b) The Department: | ||||||
22 | (1) may enact rules to place automated speed | ||||||
23 | enforcement systems on interstate highways in areas | ||||||
24 | determined to be high-risk locations due to traffic | ||||||
25 | congestion or a high volume of motor vehicle accidents or | ||||||
26 | other similar criteria; |
| |||||||
| |||||||
1 | (2) must enact rules to place automated speed | ||||||
2 | enforcement systems in high-risk locations of a county or | ||||||
3 | municipality upon a formal request by the county or | ||||||
4 | municipality and approval by the Department pursuant to | ||||||
5 | subsection (c) of this Section; | ||||||
6 | (3) may enact rules to provide for a system of | ||||||
7 | enforcement and administrative adjudication of violation | ||||||
8 | notices issued pursuant to this Section where the violation | ||||||
9 | occurs on an interstate highway and a civil penalty is | ||||||
10 | assessed; | ||||||
11 | (4) may enter into contracts with private vendors to | ||||||
12 | establish a system of providing uniform automated speed | ||||||
13 | enforcement systems under this Section; | ||||||
14 | (5) must hire a firm that is independent of the private | ||||||
15 | vendor in subdivision (4) of this subsection (b) and the | ||||||
16 | independent firm in subdivision (6) of this subsection (b) | ||||||
17 | to regularly test the accuracy of automated speed | ||||||
18 | enforcement systems under this Section; | ||||||
19 | (6) must hire a firm that is independent of the private | ||||||
20 | vendor in subdivision (4) of this subsection (b) and the | ||||||
21 | independent firm in subdivision (5) of this subsection (b) | ||||||
22 | to conduct a formal evaluation of automated speed | ||||||
23 | enforcement systems under this Section and the impact of | ||||||
24 | those systems on high-risk locations. The evaluation must | ||||||
25 | occur within 2 years of the first violation notice issued | ||||||
26 | by a automated speed enforcement system; |
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1 | (7) may enact rules to determine the amounts of each | ||||||
2 | civil penalty assessed for a violation of this Section or a | ||||||
3 | similar local ordinance that will be distributed to the | ||||||
4 | public entities under subsection (l) of this Section. The | ||||||
5 | rules must include, at a minimum, that amount of funds | ||||||
6 | collected from each violation of this Section or a similar | ||||||
7 | local ordinance that will be disbursed from the Automated | ||||||
8 | Speed Enforcement Fund: | ||||||
9 | (A) to the Department for the purposes in | ||||||
10 | subsection (l) of this Section; | ||||||
11 | (B) if a county or municipality issued the | ||||||
12 | violation notice, to the county or municipality that | ||||||
13 | issued the notice for the purposes in subsection (l); | ||||||
14 | (C) if the violation occurred in a school speed | ||||||
15 | zone, to the school district where the violation | ||||||
16 | occurred for the purposes in subsection (l); and | ||||||
17 | (D) to the State for the purposes in subsection | ||||||
18 | (l). | ||||||
19 | (8) must conduct a public information campaign | ||||||
20 | regarding automated speed enforcement systems before the | ||||||
21 | issuance of violation notices pursuant to this Section. The | ||||||
22 | public information must continue throughout the life of the | ||||||
23 | automated speed enforcement system. | ||||||
24 | (c) A county or municipality may enact ordinances to | ||||||
25 | request that the Department place an automated speed | ||||||
26 | enforcement system in areas determined to be high-risk |
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| |||||||
1 | locations due to pedestrian or traffic congestion or a high | ||||||
2 | volume of motor vehicle accidents or other similar criteria. A | ||||||
3 | formal request to place an automated speed enforcement system | ||||||
4 | in a high-risk location pursuant to this subsection (c) is | ||||||
5 | subject to the final approval of the Department. The county or | ||||||
6 | municipality may enact ordinances to provide for enforcement of | ||||||
7 | automated speed enforcement system violations and provide for a | ||||||
8 | system of administrative adjudication of violation notices | ||||||
9 | where a civil penalty is assessed for a violation pursuant to | ||||||
10 | Section 11-208.3 of this Code. | ||||||
11 | (d) For each violation of a provision of Section 11-605 of | ||||||
12 | this Code or a similar local ordinance recorded by an automated | ||||||
13 | speed enforcement system, the Department or the county or | ||||||
14 | municipality having jurisdiction must issue a written notice of | ||||||
15 | the violation to the owner of the vehicle. The notice must be | ||||||
16 | delivered to the owner of the vehicle, by mail, within 7 days | ||||||
17 | after the municipality or county is notified of the identity of | ||||||
18 | the owner of the vehicle, but in no event later than 120 days | ||||||
19 | after the violation. | ||||||
20 | The notice must include: | ||||||
21 | (1) the name and address of the owner of the vehicle; | ||||||
22 | (2) the registration number of the motor vehicle | ||||||
23 | involved in the violation; | ||||||
24 | (3) the violation charged; | ||||||
25 | (4) the location where the violation occurred; | ||||||
26 | (5) the date and time of the violation; |
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1 | (6) a copy of the recorded images, including a photo of | ||||||
2 | the driver's face and license plate; | ||||||
3 | (7) the amount of the civil penalty imposed and the | ||||||
4 | date by which the civil penalty should be paid; | ||||||
5 | (8) a signed statement by a technician employed by the | ||||||
6 | Department or county or municipality having jurisdiction | ||||||
7 | that, based on inspection of recorded images, the motor | ||||||
8 | vehicle was being operated in violation of Section 11-605 | ||||||
9 | of this Code or a similar local ordinance; | ||||||
10 | (9) a signed statement by a technician employed by the | ||||||
11 | Department that the automated speed enforcement system | ||||||
12 | recording the person was tested and correctly calibrated on | ||||||
13 | the date of the violation; | ||||||
14 | (10) a statement that recorded images are evidence of | ||||||
15 | an automated speed enforcement system violation; | ||||||
16 | (11) information advising the person alleged to have | ||||||
17 | violated the automated speed enforcement system: | ||||||
18 | (A) of the manner, time, and place that the | ||||||
19 | violation may be contested; and | ||||||
20 | (B) a warning that failure to pay the civil penalty | ||||||
21 | or to contest liability in a timely manner is an | ||||||
22 | admission of liability and may result in a suspension | ||||||
23 | of the driving privileges of the owner of the vehicle; | ||||||
24 | and | ||||||
25 | (12) a statement that the person may elect to proceed | ||||||
26 | by: |
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1 | (A) paying the citation or civil penalty; | ||||||
2 | (B) challenging the charge by trial or by | ||||||
3 | administrative hearing; or | ||||||
4 | (C) identifying the person operating the motor | ||||||
5 | vehicle at the time of the violation, including the | ||||||
6 | person's name and current address. | ||||||
7 | (e) If the person named in the violation notice is the | ||||||
8 | owner of a commercial motor vehicle, as defined in Section | ||||||
9 | 6-500 of this Code, named in the violation notice, the person | ||||||
10 | may demonstrate that the person did not violate this Section or | ||||||
11 | similar local ordinance by mailing a certified letter | ||||||
12 | containing an affidavit that (i) swears that the person named | ||||||
13 | in the violation notice was not operating the commercial motor | ||||||
14 | vehicle at the time of the violation and (ii) provides the | ||||||
15 | name, current address, and driver's license number of the | ||||||
16 | person who was operating the commercial motor vehicle at the | ||||||
17 | time of the violation. | ||||||
18 | (f) In any hearing for which a civil penalty is assessed | ||||||
19 | for a violation of this Section or a similar local ordinance, | ||||||
20 | the rules of evidence must include: | ||||||
21 | (1) based on inspection of recorded images produced by | ||||||
22 | an automated speed enforcement system, a notice alleging | ||||||
23 | that the violation occurred is evidence of the facts | ||||||
24 | contained in the notice and admissible in any proceeding | ||||||
25 | alleging a violation under this Section; | ||||||
26 | (2) the standard of proof is by the preponderance of |
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| |||||||
1 | the evidence; and | ||||||
2 | (3) the court or hearing officer may consider in | ||||||
3 | defense of a violation: | ||||||
4 | (A) that the motor vehicle or registration plates | ||||||
5 | of the motor vehicle were stolen before the violation | ||||||
6 | occurred and not under the control of or in the | ||||||
7 | possession of the owner at the time of the violation; | ||||||
8 | to demonstrate that the motor vehicle or the | ||||||
9 | registration plates were stolen before the violation | ||||||
10 | occurred and were not under the control or possession | ||||||
11 | of the owner at the time of the violation, the owner | ||||||
12 | must submit proof that a report concerning the stolen | ||||||
13 | motor vehicle or registration plates was filed with a | ||||||
14 | law enforcement agency in a timely manner; | ||||||
15 | (B) that evidence satisfactory to the court or | ||||||
16 | hearing officer that the person named in the violation | ||||||
17 | notice was not operating the vehicle at the time of the | ||||||
18 | violation; if the court or hearing officer finds that | ||||||
19 | the person named in the violation notice was not | ||||||
20 | operating the vehicle at the time of the violation, the | ||||||
21 | owner is not liable; if the court or hearing officer | ||||||
22 | has evidence that another identified person was | ||||||
23 | driving the vehicle at the time of the violation, the | ||||||
24 | court or hearing officer must provide the Department or | ||||||
25 | unit of local government that evidence and the | ||||||
26 | Department or unit of local government may issue a |
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| |||||||
1 | notice violation to the identified person pursuant to | ||||||
2 | this Section; or | ||||||
3 | (C) any other evidence the court or hearing officer | ||||||
4 | deems pertinent to the hearing. | ||||||
5 | (g) Recorded images made by an automated speed enforcement | ||||||
6 | system are confidential and shall be made available only to the | ||||||
7 | alleged violator and governmental and law enforcement agencies | ||||||
8 | for purposes of adjudicating a violation of this Section, for | ||||||
9 | statistical purposes, or for other governmental purposes | ||||||
10 | including, but not limited to, evaluation of an automated speed | ||||||
11 | enforcement system under subdivision (6) of subsection (b) of | ||||||
12 | this Section. Any recorded image evidencing a violation, | ||||||
13 | however, may be admissible in any hearing resulting from the | ||||||
14 | issuance of the citation. | ||||||
15 | (h) Unless the driver of the motor vehicle was cited by a | ||||||
16 | police officer at the time of the violation, the motor vehicle | ||||||
17 | owner is subject to a civil penalty. A violation for which a | ||||||
18 | civil penalty is imposed under this Section is not a violation | ||||||
19 | of a traffic regulation governing the movement of vehicles and | ||||||
20 | may not be recorded on the driving record of the owner of the | ||||||
21 | vehicle. Notwithstanding any other provision of law, the civil | ||||||
22 | penalty for a violation under this Section is as follows: | ||||||
23 | (1) For violations issued by the Department: | ||||||
24 | (A) $165 for traveling 15 mph over the posted speed | ||||||
25 | limit on an interstate highway; | ||||||
26 | (B) $200 for traveling 16 through 30 mph over the |
| |||||||
| |||||||
1 | posted speed limit on an interstate highway; and | ||||||
2 | (C) $300 for traveling 31 mph or more over the | ||||||
3 | posted speed limit on an interstate highway. | ||||||
4 | (2) For violations issued by a county of municipality, | ||||||
5 | the civil penalty for violation of this Section or a | ||||||
6 | similar local ordinance is in the discretion of the county | ||||||
7 | or municipality and must be enacted by local ordinance. | ||||||
8 | (i) All civil penalties collected for a violation of this | ||||||
9 | Section or a similar local ordinance shall be deposited into an | ||||||
10 | Automated Speed Enforcement Fund. Funds in the Automated Speed | ||||||
11 | Enforcement Fund shall be disbursed according to rules adopted | ||||||
12 | by the Department pursuant to subdivision (7) of subsection (b) | ||||||
13 | and as provided for in subsection (l) of this Section. | ||||||
14 | (j) The Secretary of State may suspend the driving | ||||||
15 | privileges of the owner of the vehicle under Section 6-306.5 of | ||||||
16 | this Code for failing to pay any fine or penalty due and owing | ||||||
17 | as a result of 5 violations of the automated traffic law | ||||||
18 | enforcement system under Section 11-208.6 of this Code or the | ||||||
19 | automated speed enforcement system under this Section or any | ||||||
20 | combination thereof. The Secretary of State may refuse to issue | ||||||
21 | or renew registration for vehicles owned by a person failing to | ||||||
22 | pay a civil penalty for violation of this Section or a similar | ||||||
23 | local ordinance. | ||||||
24 | (k) A high-risk location that is equipped with an automated | ||||||
25 | speed enforcement system must be posted with a sign visible to | ||||||
26 | approaching traffic one-half mile before the high-risk |
| |||||||
| |||||||
1 | location indicating that the area is being monitored by an | ||||||
2 | automated speed enforcement system. | ||||||
3 | (l) The Automated Speed Enforcement Fund is created a | ||||||
4 | special fund in the State treasury. All moneys in the Automated | ||||||
5 | Speed Enforcement Fund shall be paid, subject to appropriation | ||||||
6 | by the General Assembly and approval by the Secretary, to: | ||||||
7 | (1) the Department for the acquisition, installation, | ||||||
8 | replacement, public information campaigns, evaluations, | ||||||
9 | and administration of automated speed enforcement systems | ||||||
10 | under this Section; | ||||||
11 | (2) a school district for the upgrading and improvement | ||||||
12 | of educational programs; | ||||||
13 | (3) a county or municipality for the administration of | ||||||
14 | automated speed enforcement system violations under this | ||||||
15 | Section and the general revenue of the county or | ||||||
16 | municipality; and | ||||||
17 | (4) the General Revenue Fund of this State. | ||||||
18 | (625 ILCS 5/11-612)
| ||||||
19 | Sec. 11-612. Certain systems to record vehicle speeds | ||||||
20 | prohibited. Except as authorized in Section 11-208.7 of this | ||||||
21 | Code or in the Automated Traffic Control Systems in Highway | ||||||
22 | Construction or Maintenance Zones Act, no photographic, video, | ||||||
23 | or other imaging system may be used in this State to record | ||||||
24 | vehicle speeds for the purpose of enforcing any law or | ||||||
25 | ordinance regarding a maximum or minimum speed limit unless a |
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| |||||||
1 | law enforcement officer is present at the scene and witnesses | ||||||
2 | the event. No State or local governmental entity, including a | ||||||
3 | home rule county or municipality, may use such a system in a | ||||||
4 | way that is prohibited by this Section. The regulation of the | ||||||
5 | use of such systems is an exclusive power and function of the | ||||||
6 | State. This Section is a denial and limitation of home rule | ||||||
7 | powers and functions under subsection (h) of Section 6 of | ||||||
8 | Article VII of the Illinois Constitution.
| ||||||
9 | (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | ||||||
10 | 94-814, eff. 1-1-07.)
| ||||||
11 | Section 10. The State Finance Act is amended by adding | ||||||
12 | Section 5.719 as follows: | ||||||
13 | (30 ILCS 105/5.719 new) | ||||||
14 | Sec. 5.719. The Automated Speed Enforcement Fund. | ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|