101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5235

 

Introduced , by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-1431
625 ILCS 5/18c-4104  from Ch. 95 1/2, par. 18c-4104
625 ILCS 5/18c-4208 new
625 ILCS 5/18d-115
625 ILCS 5/18d-117
625 ILCS 5/18d-155

    Amends the Illinois Vehicle Code. Provides that a towing service shall possess, before the towing service arrives at the scene from which a vehicle is to be towed or transported, proof that the owner or operator of the vehicle initiated contact with the towing service regarding service. Provides that any towing service authorized to tow a vehicle is entitled to the payment of applicable recovery, towing, and storage charges, and shall have a lien against the vehicle to secure payment. Provides that a towing service that solicits or tows a vehicle in violation of certain provisions regarding solicitations at an accident or disablement scene shall not have a lien against the vehicle, and is required to release the vehicle without payment. Provides that if a towing service solicits or tows a vehicle in violation of certain provisions regarding solicitations at an accident or disablement scene and fails to produce electronic or other proof of contact, the law enforcement official with jurisdiction shall impound all tow trucks used in connection with the solicitation or towing and collect a civil penalty not less than $10,000 nor more than $15,000 per impounded vehicle. Provides that it is unlawful for any person to operate, as an intrastate motor carrier of property, in violation of provisions regarding solicitations at an accident or disablement scene. Provides that if the Illinois Commerce Commission finds that a licensed or unlicensed motor carrier of property or commercial vehicle safety relocator has violated certain provisions regarding solicitations at an accident or disablement scene 3 times in one year, the Commission shall revoke any motor carrier or relocator license held by the motor carrier or relocator, and shall not issue a license to the person or entity for 3 years. Makes other changes. Effective immediately.


LRB101 18471 LNS 67919 b

 

 

A BILL FOR

 

HB5235LRB101 18471 LNS 67919 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 11-1431, 18c-4104, 18d-115, 18d-117, and 18d-155 and
6by adding Section 18c-4208 as follows:
 
7    (625 ILCS 5/11-1431)
8    Sec. 11-1431. Solicitations at accident or disablement
9scene prohibited.
10    (a) A tower, as defined by Section 1-205.2 of this Code, or
11an employee or agent of a tower may not: (i) stop at the scene
12of a motor vehicle accident or at or near a damaged or disabled
13vehicle for the purpose of soliciting the owner or operator of
14the damaged or disabled vehicle to enter into a towing service
15transaction; or (ii) stop at the scene of an accident or at or
16near a damaged or disabled vehicle unless called to the
17location by a law enforcement officer, the Illinois Department
18of Transportation, the Illinois State Toll Highway Authority, a
19local agency having jurisdiction over the highway, the owner or
20operator of the damaged or disabled vehicle, or the owner or
21operator's authorized agent, including his or her insurer or
22motor club of which the owner or operator is a member. This
23Section shall not apply to employees of the Department, the

 

 

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1Illinois State Toll Highway Authority, or local agencies when
2engaged in their official duties. Nothing in this Section shall
3prevent a tower from stopping at the scene of a motor vehicle
4accident or at or near a damaged or disabled vehicle if the
5owner or operator signals the tower for assistance from the
6location of the motor vehicle accident or damaged or disabled
7vehicle.
8    (b) A person or company who violates this Section is guilty
9of a Class 4 felony. A person convicted of violating this
10Section shall also have his or her driver's license, permit, or
11privileges suspended for 3 months. After the expiration of the
123-month suspension, the person's driver's license, permit, or
13privileges shall not be reinstated until he or she has paid a
14reinstatement fee of $100. If a person violates this Section
15while his or her driver's license, permit, or privileges are
16suspended under this subsection (b), his or her driver's
17license, permit, or privileges shall be suspended for an
18additional 6 months, and shall not be reinstated after the
19expiration of the 6-month suspension until he or she pays a
20reinstatement fee of $100. A vehicle owner, or his or her
21authorized agent or automobile insurer, may bring a claim
22against a company or person who willfully and materially
23violates this Section. A court may award the prevailing party
24reasonable attorney's fees, costs, and expenses relating to
25that action.
26    (c) Except as otherwise provided in subsection (e), a

 

 

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1towing service shall possess, before the towing service, or its
2employee or agent, arrives at the scene from which a vehicle is
3to be towed or transported, proof that the owner or operator of
4the vehicle, his or her family member, or other authorized
5person initiated contact with the towing service regarding
6service, and shall produce such proof to any law enforcement
7officer with jurisdiction on request. The authorization may be
8in the form of a fax, email, text, or other electronic record,
9recorded telephone call, or record showing that a call was made
10from the owner or operator of the vehicle, his or her family
11member, or other authorized person to the towing service,
12record of dispatch from a dealership, motor club, or repair or
13body shop, or other printable record.
14    (d) Contact to the towing service that was directed or
15suggested by the towing service or any person or entity
16affiliated with the towing service, or that was preceded by
17contact from the towing service or any person or entity
18affiliated with the towing service, does not satisfy the
19requirement of subsection (c).
20    (e) This Section does not apply: (i) if a law enforcement
21agency or officer has authorized the tow; or (ii) to the
22relocation of a trespassing vehicle from private property
23subject to subsection (f) of Section 4-203 or Chapter 18a.
24    (f) Any towing service authorized by the owner or operator
25or by law enforcement to tow a vehicle: (i) is entitled to the
26payment of applicable recovery, towing, and storage charges;

 

 

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1and (ii) shall have a lien against the vehicle pursuant to
2subsection (c) of Section 4-204 and subsection (b) of Section
34-207 to secure payment. The lien is not assignable or
4otherwise transferable to any person other than the towing
5service.
6    (g) A towing service that solicits or tows a vehicle in
7violation of this Section: (i) shall not have a lien against
8the vehicle; and (ii) is required to release the vehicle
9without payment to a law enforcement official with
10jurisdiction.
11    (h) If a towing service solicits or tows a vehicle in
12violation of this Section and fails to produce, on demand by
13any law enforcement official with jurisdiction, proof of
14contact as required by subsection (c), any law enforcement
15official with jurisdiction shall impound all tow trucks used in
16connection with the solicitation or towing. A tow truck
17impounded under this subsection shall be released only upon:
18(i) proof of contact as required by subsection (c); or (ii)
19payment of a civil penalty not less than $10,000 nor more than
20$15,000 per impounded vehicle. Each law enforcement agency that
21impounds a vehicle under this subsection shall provide a
22procedure for a due process hearing and relief upon written
23petition by a towing service.
24(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16;
25100-201, eff. 8-18-17.)
 

 

 

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1    (625 ILCS 5/18c-4104)  (from Ch. 95 1/2, par. 18c-4104)
2    Sec. 18c-4104. Unlawful Operations.
3    (1) Prohibition. Except as provided in Article I of this
4Sub-chapter, and subject to the provisions stated herein, it
5shall be unlawful for any person to:
6        (a) Operate as an intrastate motor carrier of property
7    without a license from the Commission; or as an interstate
8    motor carrier of property without a registration from the
9    Commission.
10        (b) Operate as an intrastate household goods carrier in
11    excess of the scope of a license issued to it by the
12    Commission in regard to any of the following:
13            1. hauling unauthorized commodities;
14            2. operating outside authorized territory; or
15            3. violating other restrictions.
16        (c) Operate, as an intrastate motor carrier of
17    property, any motor vehicle which does not carry a copy of
18    a valid, current license issued by the Commission to such
19    carrier; or operate, as an interstate motor carrier of
20    property, any motor vehicle which does not carry a copy of
21    a valid, current registration issued by the Commission to
22    such carrier; or fail to produce such copy on request;
23    provided that an authorized interstate motor carrier of
24    property shall be exempted from the requirement that a copy
25    of its registration be carried in each motor vehicle.
26        (d) Operate, as an intrastate household goods carrier,

 

 

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1    any motor vehicle not owned by the carrier, or operate as
2    an intrastate public carrier, any motor vehicle not owned
3    by the carrier or another intrastate public carrier, for
4    which a valid lease is not on file in compliance with
5    Section 18c-4103 of this Chapter, Commission regulations
6    and orders.
7        (e) Operate, as an intrastate household goods carrier,
8    any motor vehicle not owned by the carrier, or operate as
9    an intrastate public carrier, any motor vehicle not owned
10    by the carrier or another intrastate public carrier, which
11    does not carry an executed copy of the lease required in
12    paragraph (d) of this subsection; or fail to produce such
13    copy on request.
14        (f) Operate, as an intrastate motor carrier of
15    property, any motor vehicle for which the carrier has not
16    executed a prescribed intrastate cab card, with current
17    Illinois intrastate identifier printed thereon; or, as an
18    interstate motor carrier of property, any motor vehicle for
19    which the carrier has not executed a prescribed interstate
20    cab card, with current Illinois interstate identifier
21    affixed or printed thereon.
22        (g) Operate, as an intrastate motor carrier of
23    property, any motor vehicle which does not carry the
24    properly executed intrastate cab card, with current
25    Illinois intrastate identifier printed thereon; or, as an
26    interstate motor carrier of property, any motor vehicle

 

 

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1    which does not carry the properly executed interstate cab
2    card, with current Illinois interstate identifier affixed
3    or printed thereon.
4        (h) Operate, as an intrastate or interstate motor
5    carrier of property, any motor vehicle which is not
6    identified or is not properly identified in compliance with
7    Section 18c-4701 of this Chapter, Commission regulations
8    and orders.
9        (i) Operate, as an intrastate motor carrier of
10    property, in violation of transfer requirements in Section
11    18c-4307 of this Chapter.
12        (j) Provide, as an intrastate household goods carrier,
13    service at rates other than those contained in lawfully
14    applicable tariffs or schedules for such service.
15        (j-5) Operate, as an intrastate motor carrier of
16    property, in violation of Section 11-1431.
17        (k) Otherwise operate as a motor carrier of property in
18    violation of any provision of this Chapter, Commission
19    regulations and orders, or any other law of this State.
20        (l) Aid or abet any other person in a violation of this
21    Chapter, Commission regulations or orders, by soliciting,
22    receiving, or compensating service from a person not
23    authorized to provide such service, or at other than lawful
24    rates for such service, or otherwise.
25    (2) Provisos.
26        (a) Presentation of Documents at Hearing as Defense.

 

 

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1    Presentation, at hearing, of a copy of a current license or
2    registration issued by the Commission to the carrier which
3    was valid on the date the violation occurred shall, if no
4    concurrent violations of this Chapter, Commission
5    regulations or orders are found, excuse the carrier from
6    any penalties under paragraph (c) of subsection (1) of this
7    Section. Presentation, at hearing, of an executed copy of
8    the current lease in the form prescribed by and on file
9    with the Commission shall, if no concurrent violations of
10    this Chapter, Commission regulations or orders are found,
11    excuse the carrier from penalties under paragraph (d) of
12    subsection (1) of this Section. Presentation, at hearing,
13    of the required intrastate or interstate cab card, with the
14    required Illinois intrastate or interstate identifier
15    affixed or printed thereon, if valid on the date the
16    violation occurred, and if no concurrent violations are
17    found, shall excuse the carrier from penalties under
18    paragraph (g) of subsection (1) of this Section.
19        (b) Lease Form Prescribed by the Commission. A lease
20    shall, for purposes of paragraph (d) of subsection (1) of
21    this Section, be deemed to be in the form prescribed by the
22    Commission if it contains all provisions called for in the
23    Commission-prescribed lease and does not contain any
24    provisions inconsistent therewith.
25(Source: P.A. 89-444, eff. 1-25-96.)
 

 

 

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1    (625 ILCS 5/18c-4208 new)
2    Sec. 18c-4208. Enforcement. If the Commission finds that a
3licensed or unlicensed motor carrier of property has committed
43 violations of Section 11-1431 in one year, the Commission, in
5addition to any other sanctions available under this Chapter,
6shall revoke any motor carrier property license held by the
7motor carrier of property. Following a finding under this
8Section, the Commission shall not issue a motor carrier of
9property license to the person or entity for 3 years.
 
10    (625 ILCS 5/18d-115)
11    Sec. 18d-115. Enforcement.
12    (a) It shall be unlawful for any commercial vehicle safety
13relocator to operate: (i) in any county in which this Chapter
14is applicable without a valid, current safety relocator's
15registration certificate issued by the Illinois Commerce
16Commission; or (ii) except in compliance with this Chapter and
17rules of the Commission adopted under this Chapter.
18    (b) The Illinois Commerce Commission shall issue safety
19relocator's registration certificates in accordance with
20administrative rules adopted by the Commission.
21    (c) The Commission may, at any time during the term of the
22registration certificate, make inquiry, into any licensed or
23unlicensed commercial vehicle relocator's the licensee's
24management or conduct of business or otherwise, to determine
25that the provisions of this Chapter and the rules of the

 

 

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1Commission adopted under this Chapter are being observed.
2(Source: P.A. 95-562, eff. 7-1-08.)
 
3    (625 ILCS 5/18d-117)
4    Sec. 18d-117. Exemption.
5    (a) A tower, as defined by Section 1-205.2 of this Code,
6legally residing in a county not subject to this Chapter
7pursuant to Section 18d-180 of this Chapter may operate in a
8county that is subject to this Chapter pursuant to Section
918d-180 for the limited purpose of removing a damaged or
10disabled vehicle upon the request of the owner or operator
11legally residing in a county not subject to this Chapter to
12remove the vehicle and tow the vehicle across county lines to
13the county where the tower and owner or operator resides.
14    (b) A tower operating for the limited purpose in subsection
15(a) is not subject to the provisions of this Chapter.
16    (c) Subsection (a) does not apply to towers that legally
17reside in both counties.
18    (d) The disclosures and authorization required under this
19Chapter are not required if a tow was authorized by a law
20enforcement agency or officer. The authorization may be
21evidenced by a tow sheet issued by the law enforcement agency
22or officer, records of the commercial vehicle safety relocator
23showing the date and time of the authorization and the
24department and star or badge number of the officer from whom
25the authorization was received, or other evidence of law

 

 

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1enforcement authorization.
2(Source: P.A. 96-309, eff. 1-1-10.)
 
3    (625 ILCS 5/18d-155)
4    Sec. 18d-155. Compliance.
5    (a) The Illinois Commerce Commission may request
6documentation or investigate business practices by any
7licensed or unlicensed a commercial vehicle safety relocator to
8determine compliance with this Chapter and rules adopted by the
9Commission under this Chapter. Failure to comply with any
10Section of this Chapter or any rule adopted by the Commission
11under this Chapter, as determined by the Illinois Commerce
12Commission shall subject a commercial vehicle safety relocator
13to penalties imposed by the Illinois Commerce Commission.
14Penalties may include suspension or revocation of registration
15certificate and monetary fines up to $1,000 for each violation.
16    (b) If the Commission finds that a commercial vehicle
17safety relocator has committed 3 violations of Section 11-1431
18in one year, the Commission, in addition to any other sanctions
19available under subsection (a), shall revoke the registration
20certificate of the commercial vehicle safety relocator.
21Following a revocation under this subsection, the Commission
22shall not issue a registration certificate to the commercial
23vehicle safety relocator for 3 years.
24(Source: P.A. 95-562, eff. 7-1-08.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.