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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 18a-300 as follows:
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6 | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
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7 | Sec. 18a-300. Commercial vehicle relocators - Unlawful | |||||||||||||||||||
8 | practices. It
shall be unlawful for any commercial vehicle | |||||||||||||||||||
9 | relocator:
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10 | (1) To operate in any county in which this Chapter is | |||||||||||||||||||
11 | applicable
without a valid, current relocator's license as | |||||||||||||||||||
12 | provided in Article IV
of this Chapter;
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13 | (2) To employ as an operator, or otherwise so use the | |||||||||||||||||||
14 | services of,
any person who does not have at the | |||||||||||||||||||
15 | commencement of employment or
service, or at any time | |||||||||||||||||||
16 | during the course of employment or service, a
valid, | |||||||||||||||||||
17 | current operator's employment permit, or temporary | |||||||||||||||||||
18 | operator's
employment permit issued in accordance with | |||||||||||||||||||
19 | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | |||||||||||||||||||
20 | notify the Commission, in writing, of any
known criminal | |||||||||||||||||||
21 | conviction of any employee occurring at any time before
or | |||||||||||||||||||
22 | during the course of employment or service;
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23 | (3) To employ as a dispatcher, or otherwise so use the |
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1 | services of, any
person who does not have at the | ||||||
2 | commencement of employment or service, or
at any time | ||||||
3 | during the course of employment or service, a valid, | ||||||
4 | current
dispatcher's or operator's employment permit or | ||||||
5 | temporary dispatcher's or
operator's employment permit | ||||||
6 | issued in accordance with Sections 18a-403 or
18a-407 of | ||||||
7 | this Chapter; or to fail to notify the Commission, in | ||||||
8 | writing,
of any known criminal conviction of any employee | ||||||
9 | occurring at any time
before or during the course of | ||||||
10 | employment or service;
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11 | (4) To operate upon the highways of this State any | ||||||
12 | vehicle used in
connection with any commercial vehicle | ||||||
13 | relocation service unless:
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14 |
(A) There is painted or firmly affixed to the | ||||||
15 | vehicle on both sides of the
vehicle in a color or | ||||||
16 | colors vividly contrasting to the color of the vehicle
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17 | the name, address and telephone number of the | ||||||
18 | relocator.
The Commission shall prescribe reasonable | ||||||
19 | rules and regulations
pertaining to insignia to be | ||||||
20 | painted or firmly affixed to vehicles and
shall waive | ||||||
21 | the requirements of the address on any vehicle in cases
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22 | where the operator of a vehicle has painted or | ||||||
23 | otherwise firmly affixed
to the vehicle a seal or trade | ||||||
24 | mark that clearly identifies the
operator of the | ||||||
25 | vehicle; and
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26 |
(B) There is carried in the power unit of the |
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1 | vehicle a certified
copy of the currently effective | ||||||
2 | relocator's license and operator's
employment permit. | ||||||
3 | Copies may be photographed, photocopied, or reproduced
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4 | or printed by any other legible and durable process. | ||||||
5 | Any person guilty of
not causing to be displayed a copy | ||||||
6 | of his relocator's license and
operator's employment | ||||||
7 | permit may in any hearing concerning the violation
be | ||||||
8 | excused from the payment of the penalty hereinafter | ||||||
9 | provided upon a
showing that the license was issued by | ||||||
10 | the Commission, but was
subsequently lost or | ||||||
11 | destroyed;
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12 | (5) To operate upon the highways of this State any | ||||||
13 | vehicle used in
connection with any commercial vehicle | ||||||
14 | relocation service that bears the
name or address and | ||||||
15 | telephone number of any person or entity other than
the | ||||||
16 | relocator by which it is owned or to which it is leased;
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17 | (6) To advertise in any newspaper, book, list, | ||||||
18 | classified directory
or other publication unless there is | ||||||
19 | contained in the advertisement the
license number of the | ||||||
20 | relocator;
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21 | (7) To remove any vehicle from private property without | ||||||
22 | having first
obtained the written authorization of the | ||||||
23 | property owner or other person
in lawful possession or | ||||||
24 | control of the property, his authorized agent,
or an | ||||||
25 | authorized law enforcement officer. The authorization may | ||||||
26 | be on
a contractual basis covering a period of time or |
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1 | limited to a specific
removal;
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2 | (8) To charge the private property owner, who requested | ||||||
3 | that an
unauthorized vehicle be removed from his property, | ||||||
4 | with the costs of
removing the vehicle contrary to any | ||||||
5 | terms that may be a part of the
contract between the | ||||||
6 | property owner and the commercial relocator.
Nothing in | ||||||
7 | this paragraph shall prevent a relocator from assessing,
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8 | collecting, or receiving from the property owner, lessee, | ||||||
9 | or their agents
any fee prescribed by the Commission;
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10 | (9) To remove a vehicle when the owner or operator of | ||||||
11 | the vehicle
is present or arrives at the vehicle location | ||||||
12 | at any time prior to the
completion of removal, and is | ||||||
13 | willing and able to remove the vehicle
immediately;
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14 | (10) To remove any vehicle from property on which signs | ||||||
15 | are required
and on which there are not posted appropriate | ||||||
16 | signs under Section
18a-302;
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17 | (11) To fail to notify law enforcement authorities in | ||||||
18 | the
jurisdiction in which the trespassing vehicle is | ||||||
19 | located prior to removal of the vehicle was removed within | ||||||
20 | one
hour of the removal . Notification shall include a | ||||||
21 | complete description
of the vehicle, registration numbers | ||||||
22 | if possible, the location from which the vehicle is to be | ||||||
23 | locations from
which and to which the vehicle was removed, | ||||||
24 | the location to which the vehicle will be relocated, the | ||||||
25 | expected time of removal, and any
other information | ||||||
26 | required by regulation, statute , or ordinance;
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1 | (12) To impose any charge other than in accordance with | ||||||
2 | the rates set by the
Commission as provided in paragraph | ||||||
3 | (6) of Section 18a-200 of this Chapter;
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4 | (13) To fail, in the office or location at which | ||||||
5 | relocated vehicles
are routinely returned to their owners, | ||||||
6 | to prominently post the name,
address and telephone number | ||||||
7 | of the nearest office of the Commission to
which inquiries | ||||||
8 | or complaints may be sent;
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9 | (13.1) To fail to distribute to each owner or operator | ||||||
10 | of a relocated
vehicle, in written form as prescribed by | ||||||
11 | Commission rule or regulation, the
relevant statutes, | ||||||
12 | regulations and ordinances governing commercial vehicle
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13 | relocators, including, in at least 12 point boldface type, | ||||||
14 | the name, address
and telephone number of the nearest | ||||||
15 | office of the Commission to which inquiries
or complaints | ||||||
16 | may be sent;
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17 | (13.2) To fail, in the office or location at which | ||||||
18 | relocated vehicles
are routinely returned to their owners, | ||||||
19 | to ensure that the relocator's representative provides | ||||||
20 | suitable evidence of his or her identity to the owners of | ||||||
21 | relocated vehicles upon request;
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22 | (14) To remove any vehicle, otherwise in accordance | ||||||
23 | with this Chapter,
more than 15 air miles from its location | ||||||
24 | when towed from a location in an
unincorporated area of a | ||||||
25 | county or more than 10 air miles from its location
when | ||||||
26 | towed from any other location;
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1 | (15) To fail to make a telephone number available to | ||||||
2 | the police department
of any municipality in which a | ||||||
3 | relocator operates at which the relocator
or an employee of | ||||||
4 | the relocator may be contacted at any time during the
hours | ||||||
5 | in which the relocator is engaged in the towing of | ||||||
6 | vehicles, or
advertised as engaged in the towing of | ||||||
7 | vehicles, for the purpose of
effectuating the release of a | ||||||
8 | towed vehicle; or to fail to include the
telephone number | ||||||
9 | in any advertisement of the relocator's services published
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10 | or otherwise appearing on or after the effective date of | ||||||
11 | this amendatory
Act; or to fail to have an employee | ||||||
12 | available at any time on the
premises owned or controlled | ||||||
13 | by the relocator for the purposes of arranging
for the | ||||||
14 | immediate release of the vehicle.
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15 | Apart from any other penalty or liability authorized | ||||||
16 | under this Act, if
after a reasonable effort, the owner of | ||||||
17 | the vehicle is unable to make telephone
contact with the | ||||||
18 | relocator for a period of one hour from his initial attempt
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19 | during any time period in which the relocator is required | ||||||
20 | to respond at
the number, all fees for towing, storage, or | ||||||
21 | otherwise are to be waived. Proof
of 3 attempted phone | ||||||
22 | calls to the number provided to the police department
by an | ||||||
23 | officer or employee of the department on behalf of the | ||||||
24 | vehicle owner
within the space of one hour, at least 2 of | ||||||
25 | which are separated by 45 minutes,
shall be deemed | ||||||
26 | sufficient proof of the owner's reasonable effort to make
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1 | contact with the vehicle relocator. Failure of the | ||||||
2 | relocator to respond to
the phone calls is not a criminal | ||||||
3 | violation of this Chapter;
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4 | (16) To use equipment which the relocator does not own, | ||||||
5 | except in
compliance with Section 18a-306 of this Chapter | ||||||
6 | and Commission regulations.
No equipment can be leased to | ||||||
7 | more than one relocator at any time.
Equipment leases shall | ||||||
8 | be filed with the Commission. If equipment is leased
to one | ||||||
9 | relocator, it cannot thereafter be leased to another | ||||||
10 | relocator until
a written cancellation of lease is properly | ||||||
11 | filed with the Commission;
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12 | (17) To use drivers or other personnel who are not | ||||||
13 | employees or
contractors of the relocator;
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14 | (18) To fail to refund any amount charged in excess of | ||||||
15 | the reasonable
rate established by the Commission;
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16 | (19) To violate any other provision of this Chapter, or | ||||||
17 | of Commission
regulations or orders adopted under this | ||||||
18 | Chapter.
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19 | (Source: P.A. 94-650, eff. 1-1-06.)
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