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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,
| |||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||
4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||||||||||||
5 | changing Sections 4-203, 4-203.5, 4-204, 4-208, 4-209, and | |||||||||||||||||||||||||||||
6 | 4-214 as follows: | |||||||||||||||||||||||||||||
7 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| |||||||||||||||||||||||||||||
8 | (Text of Section before amendment by P.A. 102-982 )
| |||||||||||||||||||||||||||||
9 | Sec. 4-203. Removal of motor vehicles or other vehicles; | |||||||||||||||||||||||||||||
10 | towing or
hauling away.
| |||||||||||||||||||||||||||||
11 | (a) When a vehicle is abandoned, or left unattended, on a | |||||||||||||||||||||||||||||
12 | toll
highway, interstate highway, or expressway for 2 hours or | |||||||||||||||||||||||||||||
13 | more, its
removal by a towing service may be authorized by a | |||||||||||||||||||||||||||||
14 | law enforcement
agency having jurisdiction.
| |||||||||||||||||||||||||||||
15 | (b) When a vehicle is abandoned on a highway in an urban | |||||||||||||||||||||||||||||
16 | district for 10
hours or more, its removal by a towing service | |||||||||||||||||||||||||||||
17 | may be authorized by a
law enforcement agency having | |||||||||||||||||||||||||||||
18 | jurisdiction.
| |||||||||||||||||||||||||||||
19 | (c) When a vehicle is abandoned or left unattended on a | |||||||||||||||||||||||||||||
20 | highway
other than a toll highway, interstate highway, or | |||||||||||||||||||||||||||||
21 | expressway, outside of
an urban district for 24 hours or more, | |||||||||||||||||||||||||||||
22 | its removal by a towing service
may be authorized by a law | |||||||||||||||||||||||||||||
23 | enforcement agency having jurisdiction.
|
| |||||||
| |||||||
1 | (d) When an abandoned, unattended, wrecked, burned , or | ||||||
2 | partially
dismantled vehicle is creating a traffic hazard | ||||||
3 | because of its position
in relation to the highway or its | ||||||
4 | physical appearance is causing the
impeding of traffic, its | ||||||
5 | immediate removal from the highway or private
property | ||||||
6 | adjacent to the highway by a towing service may be authorized
| ||||||
7 | by a law enforcement agency having jurisdiction.
| ||||||
8 | (e) Whenever a
peace officer reasonably believes that a | ||||||
9 | person under
arrest for a violation of Section 11-501 of this | ||||||
10 | Code or a similar
provision of a local ordinance is likely, | ||||||
11 | upon release, to commit a
subsequent violation of Section | ||||||
12 | 11-501, or a similar provision of a local
ordinance, the | ||||||
13 | arresting officer shall have the vehicle which the person
was | ||||||
14 | operating at the time of the arrest impounded for a period of | ||||||
15 | 12 hours after the time of arrest. However, such vehicle may be
| ||||||
16 | released by the arresting law enforcement agency prior to the | ||||||
17 | end of the
impoundment period if:
| ||||||
18 | (1) the vehicle was not owned by the person under | ||||||
19 | arrest, and the lawful
owner requesting such release | ||||||
20 | possesses a valid operator's license, proof
of ownership, | ||||||
21 | and would not, as determined by the arresting law | ||||||
22 | enforcement
agency, indicate a lack of ability to operate | ||||||
23 | a motor vehicle in a safe
manner, or who would otherwise, | ||||||
24 | by operating such motor vehicle, be in
violation of this | ||||||
25 | Code; or
| ||||||
26 | (2) the vehicle is owned by the person under arrest, |
| |||||||
| |||||||
1 | and the person
under arrest gives permission to another | ||||||
2 | person to operate such vehicle,
provided however, that the | ||||||
3 | other person possesses a valid operator's license
and | ||||||
4 | would not, as determined by the arresting law enforcement
| ||||||
5 | agency, indicate a lack of ability to operate a motor | ||||||
6 | vehicle in a safe
manner or who would otherwise, by | ||||||
7 | operating such motor vehicle, be in
violation of this | ||||||
8 | Code.
| ||||||
9 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
10 | into custody for
operating the vehicle in violation of Section | ||||||
11 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
12 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
13 | have the vehicle immediately impounded for a period not less | ||||||
14 | than:
| ||||||
15 | (1) 24 hours for a second violation of Section 11-501 | ||||||
16 | of this Code or a
similar provision of a local ordinance or | ||||||
17 | Section 6-303
of
this Code or a combination of these | ||||||
18 | offenses; or
| ||||||
19 | (2) 48 hours for a third violation of Section 11-501 | ||||||
20 | of this Code or a
similar provision of a local ordinance or | ||||||
21 | Section 6-303 of this
Code or a combination of these | ||||||
22 | offenses.
| ||||||
23 | The vehicle may be released sooner if the vehicle is owned | ||||||
24 | by the person
under arrest and the person under arrest gives | ||||||
25 | permission to another person to
operate the vehicle and that | ||||||
26 | other person possesses a valid operator's license
and would |
| |||||||
| |||||||
1 | not, as determined by the arresting law enforcement agency, | ||||||
2 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
3 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
4 | in violation of this Code.
| ||||||
5 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
6 | owner or
lessor of privately owned real property within this | ||||||
7 | State, or any person
authorized by such owner or lessor, or any | ||||||
8 | law enforcement agency in the
case of publicly owned real | ||||||
9 | property may cause any motor vehicle abandoned
or left | ||||||
10 | unattended upon such property without permission to be removed | ||||||
11 | by a
towing service without liability for the costs of | ||||||
12 | removal, transportation
or storage or damage caused by such | ||||||
13 | removal, transportation or storage.
The towing or removal of | ||||||
14 | any vehicle from private property without the
consent of the | ||||||
15 | registered owner or other legally authorized person in
control | ||||||
16 | of the vehicle is subject to compliance with the following
| ||||||
17 | conditions and restrictions:
| ||||||
18 | 1. Any towed or removed vehicle must be stored at the | ||||||
19 | site of the towing
service's place of business. The site | ||||||
20 | must be open during business hours,
and for the purpose of | ||||||
21 | redemption of vehicles, during the time that the
person or | ||||||
22 | firm towing such vehicle is open for towing purposes.
| ||||||
23 | 2. The towing service shall within 30 minutes of | ||||||
24 | completion of such
towing or removal, notify the law | ||||||
25 | enforcement agency having jurisdiction of
such towing or | ||||||
26 | removal, and the make, model, color , and license plate |
| |||||||
| |||||||
1 | number
of the vehicle, and shall obtain and record the | ||||||
2 | name of the person at the law
enforcement agency to whom | ||||||
3 | such information was reported.
| ||||||
4 | 3. If the registered owner or legally authorized | ||||||
5 | person entitled to
possession of the vehicle shall arrive | ||||||
6 | at the scene prior to actual removal
or towing of the | ||||||
7 | vehicle, the vehicle shall be disconnected from the tow
| ||||||
8 | truck and that person shall be allowed to remove the | ||||||
9 | vehicle without
interference, upon the payment of a | ||||||
10 | reasonable service fee of not more than one-half
one half | ||||||
11 | the posted rate of the towing service as provided in | ||||||
12 | paragraph
6 of this subsection, for which a receipt shall | ||||||
13 | be given.
| ||||||
14 | 4. The rebate or payment of money or any other | ||||||
15 | valuable consideration
from the towing service or its | ||||||
16 | owners, managers , or employees to the owners
or operators | ||||||
17 | of the premises from which the vehicles are towed or | ||||||
18 | removed,
for the privilege of removing or towing those | ||||||
19 | vehicles, is prohibited. Any
individual who violates this | ||||||
20 | paragraph shall be guilty of a Class A
misdemeanor.
| ||||||
21 | 5. Except for property appurtenant to and obviously a | ||||||
22 | part of a single
family residence, and except for | ||||||
23 | instances where notice is personally given
to the owner or | ||||||
24 | other legally authorized person in control of the vehicle
| ||||||
25 | that the area in which that vehicle is parked is reserved | ||||||
26 | or otherwise
unavailable to unauthorized vehicles and they |
| |||||||
| |||||||
1 | are subject to being removed
at the owner or operator's | ||||||
2 | expense, any property owner or lessor, prior to
towing or | ||||||
3 | removing any vehicle from private property without the | ||||||
4 | consent of
the owner or other legally authorized person in | ||||||
5 | control of that vehicle,
must post a notice meeting the | ||||||
6 | following requirements:
| ||||||
7 | a. Except as otherwise provided in subparagraph | ||||||
8 | a.1 of this subdivision (f)5, the notice must be | ||||||
9 | prominently placed at each driveway access or curb
cut | ||||||
10 | allowing vehicular access to the property within 5 | ||||||
11 | feet from the public
right-of-way line. If there are | ||||||
12 | no curbs or access barriers, the sign must
be posted | ||||||
13 | not less than one sign each 100 feet of lot frontage.
| ||||||
14 | a.1. In a municipality with a population of less | ||||||
15 | than 250,000, as an alternative to the requirement of | ||||||
16 | subparagraph a of this subdivision (f)5, the notice | ||||||
17 | for a parking lot contained within property used | ||||||
18 | solely for a 2-family, 3-family, or 4-family residence | ||||||
19 | may be prominently placed at the perimeter of the | ||||||
20 | parking lot, in a position where the notice is visible | ||||||
21 | to the occupants of vehicles entering the lot.
| ||||||
22 | b. The notice must indicate clearly, in not less | ||||||
23 | than 2 inch high
light-reflective letters on a | ||||||
24 | contrasting background, that unauthorized
vehicles | ||||||
25 | will be towed away at the owner's expense.
| ||||||
26 | c. The notice must also provide the name and |
| |||||||
| |||||||
1 | current telephone
number of the towing service towing | ||||||
2 | or removing the vehicle.
| ||||||
3 | d. The sign structure containing the required | ||||||
4 | notices must be
permanently installed with the bottom | ||||||
5 | of the sign not less than 4 feet
above ground level, | ||||||
6 | and must be continuously maintained on the property | ||||||
7 | for
not less than 24 hours prior to the towing or | ||||||
8 | removing of any vehicle.
| ||||||
9 | 6. Any towing service that tows or removes vehicles | ||||||
10 | and proposes to
require the owner, operator, or person in | ||||||
11 | control of the vehicle to pay the
costs of towing and | ||||||
12 | storage prior to redemption of the vehicle must file
and | ||||||
13 | keep on record with the local law enforcement agency a | ||||||
14 | complete copy of
the current rates to be charged for such | ||||||
15 | services, and post at the storage
site an identical rate | ||||||
16 | schedule and any written contracts with property
owners, | ||||||
17 | lessors, or persons in control of property which authorize | ||||||
18 | them to
remove vehicles as provided in this Section.
The | ||||||
19 | towing and storage charges, however, shall not exceed the | ||||||
20 | maximum allowed by the Illinois Commerce Commission under | ||||||
21 | Section 18a-200.
| ||||||
22 | 7. No person shall engage in the removal of vehicles | ||||||
23 | from private
property as described in this Section without | ||||||
24 | filing a notice of intent
in each community where he | ||||||
25 | intends to do such removal, and such
notice shall be filed | ||||||
26 | at least 7 days before commencing such towing.
|
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| |||||||
1 | 8. No removal of a vehicle from private property shall | ||||||
2 | be done by a towing service unless it is licensed and in | ||||||
3 | good standing with the Illinois Commerce Commission. | ||||||
4 | Express except
upon express written instructions of the | ||||||
5 | owners or persons in charge of the
private property upon | ||||||
6 | which the vehicle is said to be trespassing shall be kept | ||||||
7 | by the towing service .
| ||||||
8 | 9. Vehicle entry for the purpose of removal shall be | ||||||
9 | allowed with
reasonable care on the part of the person or | ||||||
10 | firm towing the vehicle. Such
person or firm shall be | ||||||
11 | liable for any damages occasioned to the vehicle if
such | ||||||
12 | entry is not in accordance with the standards of | ||||||
13 | reasonable care.
| ||||||
14 | 9.5. Except as authorized by a law enforcement | ||||||
15 | officer, no towing service shall engage in the removal of | ||||||
16 | a commercial motor vehicle that requires a commercial | ||||||
17 | driver's license to operate by operating the vehicle under | ||||||
18 | its own power on a highway. | ||||||
19 | 10. When a vehicle has been towed or removed pursuant | ||||||
20 | to this Section,
it must be released to its owner, | ||||||
21 | custodian, agent, or lienholder within one-half one half | ||||||
22 | hour after
requested, if such request is made during | ||||||
23 | business hours. Any vehicle owner,
custodian, agent, or | ||||||
24 | lienholder shall have the right to inspect the vehicle | ||||||
25 | before
accepting its return, and no release or waiver of | ||||||
26 | any kind which would
release the towing service from |
| |||||||
| |||||||
1 | liability for damages incurred during the
towing and | ||||||
2 | storage may be required from any vehicle owner or other | ||||||
3 | legally
authorized person as a condition of release of the | ||||||
4 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
5 | of the towing service must be given
to the person paying | ||||||
6 | towing or storage charges at the time of payment,
whether | ||||||
7 | requested or not.
| ||||||
8 | This Section shall not apply to law enforcement, | ||||||
9 | firefighting, rescue,
ambulance, or other emergency | ||||||
10 | vehicles which are marked as such or to
property owned by | ||||||
11 | any governmental entity.
| ||||||
12 | When an authorized person improperly causes a motor | ||||||
13 | vehicle to be
removed, such person shall be liable to the | ||||||
14 | owner or lessee of the vehicle
for the cost of or removal, | ||||||
15 | transportation and storage, any damages resulting
from the | ||||||
16 | removal, transportation and storage, attorney's fees fee | ||||||
17 | and court costs.
| ||||||
18 | Any towing or storage charges accrued shall be payable | ||||||
19 | in cash or by cashier's check, certified check, debit | ||||||
20 | card, credit card, or wire transfer, at the option of the | ||||||
21 | party taking possession of the vehicle.
| ||||||
22 | 11. Towing companies shall also provide insurance | ||||||
23 | coverage for areas
where vehicles towed under the | ||||||
24 | provisions of this Chapter will be impounded
or otherwise | ||||||
25 | stored, and shall adequately cover loss by fire, theft , or
| ||||||
26 | other risks.
|
| |||||||
| |||||||
1 | Any person who fails to comply with the conditions and | ||||||
2 | restrictions of
this subsection shall be guilty of a Class C | ||||||
3 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
4 | $500.
Any towing service found guilty shall surrender its | ||||||
5 | license plates for one year.
| ||||||
6 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
7 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
8 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
9 | Code, its
removal and impoundment by a towing service may be | ||||||
10 | authorized by a law
enforcement agency with appropriate | ||||||
11 | jurisdiction.
| ||||||
12 | (2) When a vehicle removal from either public or private | ||||||
13 | property is
authorized by a law enforcement agency, the owner | ||||||
14 | of the vehicle shall be
responsible for all towing and storage | ||||||
15 | charges.
| ||||||
16 | (3) Vehicles removed from public or private property and
| ||||||
17 | stored by a commercial vehicle relocator or any other towing | ||||||
18 | service authorized by a law enforcement agency in
compliance | ||||||
19 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
20 | at the request of the vehicle owner or operator,
shall
be | ||||||
21 | subject to a possessor lien for services
pursuant to the Labor | ||||||
22 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
23 | 1 of that Act relating to notice
and implied consent shall be | ||||||
24 | deemed satisfied by compliance with Section
18a-302 and | ||||||
25 | subsection (6) of Section 18a-300. In no event shall such lien
| ||||||
26 | be greater than the rate or rates established in accordance |
| |||||||
| |||||||
1 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
2 | event shall such lien be
increased or altered to reflect any | ||||||
3 | charge for services or materials
rendered in addition to those | ||||||
4 | authorized by this Code. Every such lien
shall be payable in | ||||||
5 | cash or by cashier's check, certified check, debit card, | ||||||
6 | credit card, or wire transfer, at the option of the party | ||||||
7 | taking possession of the vehicle.
| ||||||
8 | (4) Any personal property belonging to the vehicle owner | ||||||
9 | in a vehicle subject to a lien under this
subsection
(g) shall | ||||||
10 | likewise be subject to that lien, excepting only:
child | ||||||
11 | restraint systems as defined in Section 4 of the Child | ||||||
12 | Passenger Protection Act and other child booster seats; | ||||||
13 | eyeglasses; food; medicine; perishable property; any | ||||||
14 | operator's licenses; any cash, credit
cards, or checks or | ||||||
15 | checkbooks; any wallet, purse, or other property
containing | ||||||
16 | any operator's license or other identifying documents or | ||||||
17 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
18 | personal property belonging to a person other than the vehicle | ||||||
19 | owner if that person provides adequate proof that the personal | ||||||
20 | property belongs to that person. The spouse, child, mother, | ||||||
21 | father, brother, or sister of the vehicle owner may claim | ||||||
22 | personal property excepted under this paragraph (4) if the | ||||||
23 | person claiming the personal property provides the commercial | ||||||
24 | vehicle relocator or towing service with the authorization of | ||||||
25 | the vehicle owner. | ||||||
26 | (5) This paragraph (5) applies only in the case of a |
| |||||||
| |||||||
1 | vehicle that is towed as a result of being involved in an | ||||||
2 | accident. In addition to the personal property excepted under | ||||||
3 | paragraph (4), all other personal property in a vehicle | ||||||
4 | subject to a lien under this subsection (g) is exempt from that | ||||||
5 | lien and may be claimed by the vehicle owner if the vehicle | ||||||
6 | owner provides the commercial vehicle relocator or towing | ||||||
7 | service with proof that the vehicle owner has an insurance | ||||||
8 | policy covering towing and storage fees. The spouse, child, | ||||||
9 | mother, father, brother, or sister of the vehicle owner may | ||||||
10 | claim personal property in a vehicle subject to a lien under | ||||||
11 | this subsection (g) if the person claiming the personal | ||||||
12 | property provides the commercial vehicle relocator or towing | ||||||
13 | service with the authorization of the vehicle owner and proof | ||||||
14 | that the vehicle owner has an insurance policy covering towing | ||||||
15 | and storage fees. The regulation of liens on personal property | ||||||
16 | and exceptions to those liens in the case of vehicles towed as | ||||||
17 | a result of being involved in an accident are
exclusive powers | ||||||
18 | and functions of the State. A home
rule unit may not regulate | ||||||
19 | liens on personal property and exceptions to those liens in | ||||||
20 | the case of vehicles towed as a result of being involved in an | ||||||
21 | accident. This paragraph (5) is a denial and
limitation of | ||||||
22 | home rule powers and functions under
subsection (h) of Section | ||||||
23 | 6 of Article VII of the
Illinois Constitution. | ||||||
24 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
25 | in its total amount; or
be increased or altered to reflect any | ||||||
26 | charge for services or
materials rendered in addition to those |
| |||||||
| |||||||
1 | authorized by this Code.
| ||||||
2 | (h) Whenever a peace officer issues a citation to a driver | ||||||
3 | for a violation of subsection (a) of Section 11-506 of this | ||||||
4 | Code, the arresting officer may have the vehicle which the | ||||||
5 | person was operating at the time of the arrest impounded for a | ||||||
6 | period of 5 days after the time of arrest.
An impounding agency | ||||||
7 | shall release a motor vehicle impounded under this subsection | ||||||
8 | (h) to the registered owner of the vehicle under any of the | ||||||
9 | following circumstances: | ||||||
10 | (1) if If the vehicle is a stolen vehicle; or | ||||||
11 | (2) if If the person ticketed for a violation of | ||||||
12 | subsection (a) of Section 11-506 of this Code was not | ||||||
13 | authorized by the registered owner of the vehicle to | ||||||
14 | operate the vehicle at the time of the violation; or | ||||||
15 | (3) if If the registered owner of the vehicle was | ||||||
16 | neither the driver nor a passenger in the vehicle at the | ||||||
17 | time of the violation or was unaware that the driver was | ||||||
18 | using the vehicle to engage in street racing; or | ||||||
19 | (4) if If the legal owner or registered owner of the | ||||||
20 | vehicle is a rental car agency; or | ||||||
21 | (5) if If , prior to the expiration of the impoundment | ||||||
22 | period specified above, the citation is dismissed or the | ||||||
23 | defendant is found not guilty of the offense.
| ||||||
24 | (i) Except for vehicles exempted under subsection (b) of | ||||||
25 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
26 | issues a citation to a driver for a violation of Section 3-707 |
| |||||||
| |||||||
1 | of this Code, and the driver has a prior conviction for a | ||||||
2 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
3 | the arresting officer shall authorize the removal and | ||||||
4 | impoundment of the vehicle by a towing service. | ||||||
5 | (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; | ||||||
6 | 100-537, eff. 6-1-18; 100-863, eff. 8-14-18; revised 8-26-22.) | ||||||
7 | (Text of Section after amendment by P.A. 102-982 ) | ||||||
8 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
9 | towing or
hauling away.
| ||||||
10 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
11 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
12 | more, its
removal by a towing service may be authorized by a | ||||||
13 | law enforcement
agency having jurisdiction.
| ||||||
14 | (b) When a vehicle is abandoned on a highway in an urban | ||||||
15 | district for 10
hours or more, its removal by a towing service | ||||||
16 | may be authorized by a
law enforcement agency having | ||||||
17 | jurisdiction.
| ||||||
18 | (c) When a vehicle is abandoned or left unattended on a | ||||||
19 | highway
other than a toll highway, interstate highway, or | ||||||
20 | expressway, outside of
an urban district for 24 hours or more, | ||||||
21 | its removal by a towing service
may be authorized by a law | ||||||
22 | enforcement agency having jurisdiction.
| ||||||
23 | (d) When an abandoned, unattended, wrecked, burned , or | ||||||
24 | partially
dismantled vehicle is creating a traffic hazard | ||||||
25 | because of its position
in relation to the highway or its |
| |||||||
| |||||||
1 | physical appearance is causing the
impeding of traffic, its | ||||||
2 | immediate removal from the highway or private
property | ||||||
3 | adjacent to the highway by a towing service may be authorized
| ||||||
4 | by a law enforcement agency having jurisdiction.
| ||||||
5 | (e) Whenever a
peace officer reasonably believes that a | ||||||
6 | person under
arrest for a violation of Section 11-501 of this | ||||||
7 | Code or a similar
provision of a local ordinance is likely, | ||||||
8 | upon release, to commit a
subsequent violation of Section | ||||||
9 | 11-501, or a similar provision of a local
ordinance, the | ||||||
10 | arresting officer shall have the vehicle which the person
was | ||||||
11 | operating at the time of the arrest impounded for a period of | ||||||
12 | 12 hours after the time of arrest. However, such vehicle may be
| ||||||
13 | released by the arresting law enforcement agency prior to the | ||||||
14 | end of the
impoundment period if:
| ||||||
15 | (1) the vehicle was not owned by the person under | ||||||
16 | arrest, and the lawful
owner requesting such release | ||||||
17 | possesses a valid operator's license, proof
of ownership, | ||||||
18 | and would not, as determined by the arresting law | ||||||
19 | enforcement
agency, indicate a lack of ability to operate | ||||||
20 | a motor vehicle in a safe
manner, or who would otherwise, | ||||||
21 | by operating such motor vehicle, be in
violation of this | ||||||
22 | Code; or
| ||||||
23 | (2) the vehicle is owned by the person under arrest, | ||||||
24 | and the person
under arrest gives permission to another | ||||||
25 | person to operate such vehicle,
provided however, that the | ||||||
26 | other person possesses a valid operator's license
and |
| |||||||
| |||||||
1 | would not, as determined by the arresting law enforcement
| ||||||
2 | agency, indicate a lack of ability to operate a motor | ||||||
3 | vehicle in a safe
manner or who would otherwise, by | ||||||
4 | operating such motor vehicle, be in
violation of this | ||||||
5 | Code.
| ||||||
6 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
7 | into custody for
operating the vehicle in violation of Section | ||||||
8 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
9 | or Section 6-303 of this Code, a
law enforcement officer
may | ||||||
10 | have the vehicle immediately impounded for a period not less | ||||||
11 | than:
| ||||||
12 | (1) 24 hours for a second violation of Section 11-501 | ||||||
13 | of this Code or a
similar provision of a local ordinance or | ||||||
14 | Section 6-303
of
this Code or a combination of these | ||||||
15 | offenses; or
| ||||||
16 | (2) 48 hours for a third violation of Section 11-501 | ||||||
17 | of this Code or a
similar provision of a local ordinance or | ||||||
18 | Section 6-303 of this
Code or a combination of these | ||||||
19 | offenses.
| ||||||
20 | The vehicle may be released sooner if the vehicle is owned | ||||||
21 | by the person
under arrest and the person under arrest gives | ||||||
22 | permission to another person to
operate the vehicle and that | ||||||
23 | other person possesses a valid operator's license
and would | ||||||
24 | not, as determined by the arresting law enforcement agency, | ||||||
25 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
26 | manner or would
otherwise, by operating the motor vehicle, be |
| |||||||
| |||||||
1 | in violation of this Code.
| ||||||
2 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
3 | owner or
lessor of privately owned real property within this | ||||||
4 | State, or any person
authorized by such owner or lessor, or any | ||||||
5 | law enforcement agency in the
case of publicly owned real | ||||||
6 | property may cause any motor vehicle abandoned
or left | ||||||
7 | unattended upon such property without permission to be removed | ||||||
8 | by a
towing service without liability for the costs of | ||||||
9 | removal, transportation
or storage or damage caused by such | ||||||
10 | removal, transportation or storage.
The towing or removal of | ||||||
11 | any vehicle from private property without the
consent of the | ||||||
12 | registered owner or other legally authorized person in
control | ||||||
13 | of the vehicle is subject to compliance with the following
| ||||||
14 | conditions and restrictions:
| ||||||
15 | 1. Any towed or removed vehicle must be stored at the | ||||||
16 | site of the towing
service's place of business. The site | ||||||
17 | must be open during business hours,
and for the purpose of | ||||||
18 | redemption of vehicles, during the time that the
person or | ||||||
19 | firm towing such vehicle is open for towing purposes.
| ||||||
20 | 2. The towing service shall within 30 minutes of | ||||||
21 | completion of such
towing or removal, notify the law | ||||||
22 | enforcement agency having jurisdiction of
such towing or | ||||||
23 | removal, and the make, model, color , and license plate | ||||||
24 | number
of the vehicle, and shall obtain and record the | ||||||
25 | name of the person at the law
enforcement agency to whom | ||||||
26 | such information was reported.
|
| |||||||
| |||||||
1 | 3. If the registered owner or legally authorized | ||||||
2 | person entitled to
possession of the vehicle shall arrive | ||||||
3 | at the scene prior to actual removal
or towing of the | ||||||
4 | vehicle, the vehicle shall be disconnected from the tow
| ||||||
5 | truck and that person shall be allowed to remove the | ||||||
6 | vehicle without
interference, upon the payment of a | ||||||
7 | reasonable service fee of not more than one-half
one half | ||||||
8 | the posted rate of the towing service as provided in | ||||||
9 | paragraph
6 of this subsection, for which a receipt shall | ||||||
10 | be given.
| ||||||
11 | 4. The rebate or payment of money or any other | ||||||
12 | valuable consideration
from the towing service or its | ||||||
13 | owners, managers , or employees to the owners
or operators | ||||||
14 | of the premises from which the vehicles are towed or | ||||||
15 | removed,
for the privilege of removing or towing those | ||||||
16 | vehicles, is prohibited. Any
individual who violates this | ||||||
17 | paragraph shall be guilty of a Class A
misdemeanor.
| ||||||
18 | 5. Except for property appurtenant to and obviously a | ||||||
19 | part of a single
family residence, and except for | ||||||
20 | instances where notice is personally given
to the owner or | ||||||
21 | other legally authorized person in control of the vehicle
| ||||||
22 | that the area in which that vehicle is parked is reserved | ||||||
23 | or otherwise
unavailable to unauthorized vehicles and they | ||||||
24 | are subject to being removed
at the owner or operator's | ||||||
25 | expense, any property owner or lessor, prior to
towing or | ||||||
26 | removing any vehicle from private property without the |
| |||||||
| |||||||
1 | consent of
the owner or other legally authorized person in | ||||||
2 | control of that vehicle,
must post a notice meeting the | ||||||
3 | following requirements:
| ||||||
4 | a. Except as otherwise provided in subparagraph | ||||||
5 | a.1 of this subdivision (f)5, the notice must be | ||||||
6 | prominently placed at each driveway access or curb
cut | ||||||
7 | allowing vehicular access to the property within 5 | ||||||
8 | feet from the public
right-of-way line. If there are | ||||||
9 | no curbs or access barriers, the sign must
be posted | ||||||
10 | not less than one sign each 100 feet of lot frontage.
| ||||||
11 | a.1. In a municipality with a population of less | ||||||
12 | than 250,000, as an alternative to the requirement of | ||||||
13 | subparagraph a of this subdivision (f)5, the notice | ||||||
14 | for a parking lot contained within property used | ||||||
15 | solely for a 2-family, 3-family, or 4-family residence | ||||||
16 | may be prominently placed at the perimeter of the | ||||||
17 | parking lot, in a position where the notice is visible | ||||||
18 | to the occupants of vehicles entering the lot.
| ||||||
19 | b. The notice must indicate clearly, in not less | ||||||
20 | than 2 inch high
light-reflective letters on a | ||||||
21 | contrasting background, that unauthorized
vehicles | ||||||
22 | will be towed away at the owner's expense.
| ||||||
23 | c. The notice must also provide the name and | ||||||
24 | current telephone
number of the towing service towing | ||||||
25 | or removing the vehicle.
| ||||||
26 | d. The sign structure containing the required |
| |||||||
| |||||||
1 | notices must be
permanently installed with the bottom | ||||||
2 | of the sign not less than 4 feet
above ground level, | ||||||
3 | and must be continuously maintained on the property | ||||||
4 | for
not less than 24 hours prior to the towing or | ||||||
5 | removing of any vehicle.
| ||||||
6 | 6. Any towing service that tows or removes vehicles | ||||||
7 | and proposes to
require the owner, operator, or person in | ||||||
8 | control of the vehicle to pay the
costs of towing and | ||||||
9 | storage prior to redemption of the vehicle must file
and | ||||||
10 | keep on record with the local law enforcement agency a | ||||||
11 | complete copy of
the current rates to be charged for such | ||||||
12 | services, and post at the storage
site an identical rate | ||||||
13 | schedule and any written contracts with property
owners, | ||||||
14 | lessors, or persons in control of property which authorize | ||||||
15 | them to
remove vehicles as provided in this Section.
The | ||||||
16 | towing and storage charges, however, shall not exceed the | ||||||
17 | maximum allowed by the Illinois Commerce Commission under | ||||||
18 | Section 18a-200.
| ||||||
19 | 7. No person shall engage in the removal of vehicles | ||||||
20 | from private
property as described in this Section without | ||||||
21 | having an Illinois Commerce Commission license in good | ||||||
22 | standing and shall file filing a notice of intent
in each | ||||||
23 | community where he intends to do such removal, and such
| ||||||
24 | notice shall be filed at least 7 days before commencing | ||||||
25 | such towing.
| ||||||
26 | 8. No removal of a vehicle from private property shall |
| |||||||
| |||||||
1 | be done except
upon express written instructions of the | ||||||
2 | owners or persons in charge of the
private property upon | ||||||
3 | which the vehicle is said to be trespassing.
The express | ||||||
4 | written instructions shall be kept by the towing service.
| ||||||
5 | 9. Vehicle entry for the purpose of removal shall be | ||||||
6 | allowed with
reasonable care on the part of the person or | ||||||
7 | firm towing the vehicle. Such
person or firm shall be | ||||||
8 | liable for any damages occasioned to the vehicle if
such | ||||||
9 | entry is not in accordance with the standards of | ||||||
10 | reasonable care.
| ||||||
11 | 9.5. Except as authorized by a law enforcement | ||||||
12 | officer, no towing service shall engage in the removal of | ||||||
13 | a commercial motor vehicle that requires a commercial | ||||||
14 | driver's license to operate by operating the vehicle under | ||||||
15 | its own power on a highway. | ||||||
16 | 10. When a vehicle has been towed or removed pursuant | ||||||
17 | to this Section,
it must be released to its owner, | ||||||
18 | custodian, agent, or lienholder within one-half one half | ||||||
19 | hour after
requested, if such request is made during | ||||||
20 | business hours. Any vehicle owner,
custodian, agent, or | ||||||
21 | lienholder shall have the right to inspect the vehicle | ||||||
22 | before
accepting its return, and no release or waiver of | ||||||
23 | any kind which would
release the towing service from | ||||||
24 | liability for damages incurred during the
towing and | ||||||
25 | storage may be required from any vehicle owner or other | ||||||
26 | legally
authorized person as a condition of release of the |
| |||||||
| |||||||
1 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
2 | of the towing service must be given
to the person paying | ||||||
3 | towing or storage charges at the time of payment,
whether | ||||||
4 | requested or not.
| ||||||
5 | This Section shall not apply to law enforcement, | ||||||
6 | firefighting, rescue,
ambulance, or other emergency | ||||||
7 | vehicles which are marked as such or to
property owned by | ||||||
8 | any governmental entity.
| ||||||
9 | When an authorized person improperly causes a motor | ||||||
10 | vehicle to be
removed, such person shall be liable to the | ||||||
11 | owner or lessee of the vehicle
for the cost of or removal, | ||||||
12 | transportation and storage, any damages resulting
from the | ||||||
13 | removal, transportation and storage, attorney's fees fee | ||||||
14 | and court costs.
| ||||||
15 | Any towing or storage charges accrued shall be payable | ||||||
16 | in cash or by cashier's check, certified check, debit | ||||||
17 | card, credit card, or wire transfer, at the option of the | ||||||
18 | party taking possession of the vehicle.
| ||||||
19 | 11. Towing companies shall also provide insurance | ||||||
20 | coverage for areas
where vehicles towed under the | ||||||
21 | provisions of this Chapter will be impounded
or otherwise | ||||||
22 | stored, and shall adequately cover loss by fire, theft , or
| ||||||
23 | other risks.
| ||||||
24 | Any person who fails to comply with the conditions and | ||||||
25 | restrictions of
this subsection shall be guilty of a Class C | ||||||
26 | misdemeanor and shall be fined
not less than $100 nor more than |
| |||||||
| |||||||
1 | $500.
Any towing service found guilty shall surrender its | ||||||
2 | license plates for one year.
| ||||||
3 | (g)(1) When a vehicle is determined to be a hazardous | ||||||
4 | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
5 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
6 | Code, its
removal and impoundment by a towing service may be | ||||||
7 | authorized by a law
enforcement agency with appropriate | ||||||
8 | jurisdiction.
| ||||||
9 | (2) When a vehicle removal from either public or private | ||||||
10 | property is
authorized by a law enforcement agency, the owner | ||||||
11 | of the vehicle shall be
responsible for all towing and storage | ||||||
12 | charges.
| ||||||
13 | (3) Vehicles removed from public or private property and
| ||||||
14 | stored by a commercial vehicle relocator or any other towing | ||||||
15 | service authorized by a law enforcement agency in
compliance | ||||||
16 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
17 | at the request of the vehicle owner or operator,
shall
be | ||||||
18 | subject to a possessor lien for services
pursuant to the Labor | ||||||
19 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
20 | 1 of that Act relating to notice
and implied consent shall be | ||||||
21 | deemed satisfied by compliance with Section
18a-302 and | ||||||
22 | subsection (6) of Section 18a-300. In no event shall such lien
| ||||||
23 | be greater than the rate or rates established in accordance | ||||||
24 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
25 | event shall such lien be
increased or altered to reflect any | ||||||
26 | charge for services or materials
rendered in addition to those |
| |||||||
| |||||||
1 | authorized by this Code. Every such lien
shall be payable in | ||||||
2 | cash or by cashier's check, certified check, debit card, | ||||||
3 | credit card, or wire transfer, at the option of the party | ||||||
4 | taking possession of the vehicle.
| ||||||
5 | (4) Any personal property belonging to the vehicle owner | ||||||
6 | in a vehicle subject to a lien under this
subsection
(g) shall | ||||||
7 | likewise be subject to that lien, excepting only:
child | ||||||
8 | restraint systems as defined in Section 4 of the Child | ||||||
9 | Passenger Protection Act and other child booster seats; | ||||||
10 | eyeglasses; food; medicine; perishable property; any | ||||||
11 | operator's licenses; any cash, credit
cards, or checks or | ||||||
12 | checkbooks; any wallet, purse, or other property
containing | ||||||
13 | any operator's license or other identifying documents or | ||||||
14 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
15 | personal property belonging to a person other than the vehicle | ||||||
16 | owner if that person provides adequate proof that the personal | ||||||
17 | property belongs to that person. The spouse, child, mother, | ||||||
18 | father, brother, or sister of the vehicle owner may claim | ||||||
19 | personal property excepted under this paragraph (4) if the | ||||||
20 | person claiming the personal property provides the commercial | ||||||
21 | vehicle relocator or towing service with the authorization of | ||||||
22 | the vehicle owner. | ||||||
23 | (5) This paragraph (5) applies only in the case of a | ||||||
24 | vehicle that is towed as a result of being involved in a crash. | ||||||
25 | In addition to the personal property excepted under paragraph | ||||||
26 | (4), all other personal property in a vehicle subject to a lien |
| |||||||
| |||||||
1 | under this subsection (g) is exempt from that lien and may be | ||||||
2 | claimed by the vehicle owner if the vehicle owner provides the | ||||||
3 | commercial vehicle relocator or towing service with proof that | ||||||
4 | the vehicle owner has an insurance policy covering towing and | ||||||
5 | storage fees. The spouse, child, mother, father, brother, or | ||||||
6 | sister of the vehicle owner may claim personal property in a | ||||||
7 | vehicle subject to a lien under this subsection (g) if the | ||||||
8 | person claiming the personal property provides the commercial | ||||||
9 | vehicle relocator or towing service with the authorization of | ||||||
10 | the vehicle owner and proof that the vehicle owner has an | ||||||
11 | insurance policy covering towing and storage fees. The | ||||||
12 | regulation of liens on personal property and exceptions to | ||||||
13 | those liens in the case of vehicles towed as a result of being | ||||||
14 | involved in a crash are
exclusive powers and functions of the | ||||||
15 | State. A home
rule unit may not regulate liens on personal | ||||||
16 | property and exceptions to those liens in the case of vehicles | ||||||
17 | towed as a result of being involved in a crash. This paragraph | ||||||
18 | (5) is a denial and
limitation of home rule powers and | ||||||
19 | functions under
subsection (h) of Section 6 of Article VII of | ||||||
20 | the
Illinois Constitution. | ||||||
21 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
22 | in its total amount; or
be increased or altered to reflect any | ||||||
23 | charge for services or
materials rendered in addition to those | ||||||
24 | authorized by this Code.
| ||||||
25 | (h) Whenever a peace officer issues a citation to a driver | ||||||
26 | for a violation of subsection (a) of Section 11-506 of this |
| |||||||
| |||||||
1 | Code, the arresting officer may have the vehicle which the | ||||||
2 | person was operating at the time of the arrest impounded for a | ||||||
3 | period of 5 days after the time of arrest.
An impounding agency | ||||||
4 | shall release a motor vehicle impounded under this subsection | ||||||
5 | (h) to the registered owner of the vehicle under any of the | ||||||
6 | following circumstances: | ||||||
7 | (1) if If the vehicle is a stolen vehicle; or | ||||||
8 | (2) if If the person ticketed for a violation of | ||||||
9 | subsection (a) of Section 11-506 of this Code was not | ||||||
10 | authorized by the registered owner of the vehicle to | ||||||
11 | operate the vehicle at the time of the violation; or | ||||||
12 | (3) if If the registered owner of the vehicle was | ||||||
13 | neither the driver nor a passenger in the vehicle at the | ||||||
14 | time of the violation or was unaware that the driver was | ||||||
15 | using the vehicle to engage in street racing; or | ||||||
16 | (4) if If the legal owner or registered owner of the | ||||||
17 | vehicle is a rental car agency; or | ||||||
18 | (5) if If , prior to the expiration of the impoundment | ||||||
19 | period specified above, the citation is dismissed or the | ||||||
20 | defendant is found not guilty of the offense.
| ||||||
21 | (i) Except for vehicles exempted under subsection (b) of | ||||||
22 | Section 7-601 of this Code, whenever a law enforcement officer | ||||||
23 | issues a citation to a driver for a violation of Section 3-707 | ||||||
24 | of this Code, and the driver has a prior conviction for a | ||||||
25 | violation of Section 3-707 of this Code in the past 12 months, | ||||||
26 | the arresting officer shall authorize the removal and |
| |||||||
| |||||||
1 | impoundment of the vehicle by a towing service. | ||||||
2 | (Source: P.A. 102-982, eff. 7-1-23; revised 8-26-22.) | ||||||
3 | (625 ILCS 5/4-203.5) | ||||||
4 | Sec. 4-203.5. Tow rotation list. | ||||||
5 | (a) Each law enforcement agency whose duties include the | ||||||
6 | patrol of highways in this State shall maintain a tow rotation | ||||||
7 | list which shall be used by law enforcement officers | ||||||
8 | authorizing the tow of a vehicle within the jurisdiction of | ||||||
9 | the law enforcement agency. To ensure adequate response time, | ||||||
10 | a law enforcement agency may maintain multiple tow rotation | ||||||
11 | lists, with each tow rotation list covering tows authorized in | ||||||
12 | different geographic locations within the jurisdiction of the | ||||||
13 | law enforcement agency. A towing service may be included on | ||||||
14 | more than one tow rotation list. | ||||||
15 | (b) Any towing service operating within the jurisdiction | ||||||
16 | of a law enforcement agency may submit an application in a form | ||||||
17 | and manner prescribed by the law enforcement agency for | ||||||
18 | inclusion on the law enforcement agency's tow rotation list. | ||||||
19 | The towing service does not need to be located within the | ||||||
20 | jurisdiction of the law enforcement agency. To be included on | ||||||
21 | a tow rotation list the towing service must meet the following | ||||||
22 | requirements: | ||||||
23 | (1) possess a license permitting the towing service to | ||||||
24 | operate in every unit of local government in the law | ||||||
25 | enforcement agency's jurisdiction that requires a license |
| |||||||
| |||||||
1 | for the operation of a towing service; | ||||||
2 | (2) if required by the law enforcement agency for | ||||||
3 | inclusion on that law enforcement agency's tow rotation | ||||||
4 | list, each owner of the towing service and each person | ||||||
5 | operating a vehicle on behalf of the towing service shall | ||||||
6 | submit his or her fingerprints to the Illinois State | ||||||
7 | Police in the form and manner prescribed by the Illinois | ||||||
8 | State Police. These fingerprints should be transmitted | ||||||
9 | through a live scan fingerprint vendor licensed by the | ||||||
10 | Department of Financial and Professional Regulation. These | ||||||
11 | fingerprints shall be checked against the fingerprint | ||||||
12 | records now and hereafter filed in the Illinois State | ||||||
13 | Police and Federal Bureau of Investigation criminal | ||||||
14 | history records databases. The Illinois State Police shall | ||||||
15 | charge a fee for conducting the criminal history record | ||||||
16 | check, which shall be deposited in the State Police | ||||||
17 | Services Fund and shall not exceed the actual cost of the | ||||||
18 | State and national criminal history record check. The | ||||||
19 | Illinois State Police shall furnish, pursuant to positive | ||||||
20 | identification, all Illinois conviction information to the | ||||||
21 | law enforcement agency maintaining the tow rotation list | ||||||
22 | and shall forward the national criminal history record | ||||||
23 | information to the law enforcement agency maintaining the | ||||||
24 | tow rotation list. A person may not own a towing service or | ||||||
25 | operate a vehicle on behalf of a towing service included | ||||||
26 | on a tow rotation list if that person has been convicted |
| |||||||
| |||||||
1 | during the 5 years preceding the application of a criminal | ||||||
2 | offense involving one or more of the following: | ||||||
3 | (A) bodily injury or attempt to inflict bodily | ||||||
4 | injury to another person; | ||||||
5 | (B) theft of property or attempted theft of | ||||||
6 | property; or | ||||||
7 | (C) sexual assault or attempted sexual assault of | ||||||
8 | any kind; | ||||||
9 | (3) each person operating a vehicle on behalf of the | ||||||
10 | towing service must be classified for the type of towing | ||||||
11 | operation he or she shall be performing and the vehicle he | ||||||
12 | or she shall be operating; | ||||||
13 | (4) possess and maintain the following insurance in | ||||||
14 | addition to any other insurance required by law: | ||||||
15 | (A) comprehensive automobile liability insurance | ||||||
16 | with a minimum combined single limit coverage of | ||||||
17 | $1,000,000; | ||||||
18 | (B) commercial general liability insurance with | ||||||
19 | limits of not less than $1,000,000 per occurrence, | ||||||
20 | $100,000 minimum garage keepers legal liability | ||||||
21 | insurance, and $100,000 minimum on-hook coverage or | ||||||
22 | cargo insurance; and | ||||||
23 | (C) a worker's compensation policy covering every | ||||||
24 | person operating a tow truck on behalf of the towing | ||||||
25 | service , if required under current law ; | ||||||
26 | (5) possess a secure parking lot used for short-term |
| |||||||
| |||||||
1 | vehicle storage after a vehicle is towed that is open | ||||||
2 | during business hours and is equipped with security | ||||||
3 | features as required by the law enforcement agency; | ||||||
4 | (6) utilize only vehicles that possess a valid vehicle | ||||||
5 | registration, display a valid Illinois license plate in | ||||||
6 | accordance with Section 5-202 of this Code, and comply | ||||||
7 | with the weight requirements of this Code; | ||||||
8 | (7) every person operating a towing or recovery | ||||||
9 | vehicle on behalf of the towing service must have | ||||||
10 | completed a Traffic Incident Management Training Program | ||||||
11 | approved by the Department of Transportation; | ||||||
12 | (8) hold a valid authority issued to it by the | ||||||
13 | Illinois Commerce Commission; | ||||||
14 | (9) comply with all other applicable federal, State, | ||||||
15 | and local laws; and | ||||||
16 | (10) comply with any additional requirements the | ||||||
17 | applicable law enforcement agency deems necessary. | ||||||
18 | The law enforcement agency may select which towing | ||||||
19 | services meeting the requirements of this subsection (b) shall | ||||||
20 | be included on a tow rotation list. The law enforcement agency | ||||||
21 | may choose to have only one towing service on its tow rotation | ||||||
22 | list. Complaints regarding the process for inclusion on a tow | ||||||
23 | rotation list or the use of a tow rotation list may be referred | ||||||
24 | in writing to the head of the law enforcement agency | ||||||
25 | administering that tow rotation list. The head of the law | ||||||
26 | enforcement agency shall make the final determination as to |
| |||||||
| |||||||
1 | which qualified towing services shall be included on a tow | ||||||
2 | rotation list, and shall not be held liable for the exclusion | ||||||
3 | of any towing service from a tow rotation list. | ||||||
4 | (c) Whenever a law enforcement officer initiates a tow of | ||||||
5 | a vehicle, the officer shall contact his or her law | ||||||
6 | enforcement agency and inform the agency that a tow has been | ||||||
7 | authorized. The law enforcement agency shall then select a | ||||||
8 | towing service from the law enforcement agency's tow rotation | ||||||
9 | list corresponding to the geographical area where the tow was | ||||||
10 | authorized, and shall contact that towing service directly by | ||||||
11 | phone, computer, or similar means. Towing services shall be | ||||||
12 | contacted in the order listed on the appropriate tow rotation | ||||||
13 | list, at which point the towing service shall be placed at the | ||||||
14 | end of that tow rotation list. In the event a listed towing | ||||||
15 | service is not available, the next listed towing service on | ||||||
16 | that tow rotation list shall be contacted. | ||||||
17 | (d) A law enforcement agency may deviate from the order | ||||||
18 | listed on a tow rotation list if the towing service next on | ||||||
19 | that tow rotation list is, in the judgment of the authorizing | ||||||
20 | officer or the law enforcement agency making the selection, | ||||||
21 | incapable of or not properly equipped for handling a specific | ||||||
22 | task related to the tow that requires special skills or | ||||||
23 | equipment. A deviation from the order listed on the tow | ||||||
24 | rotation list for this reason shall not cause a loss of | ||||||
25 | rotation turn by the towing service determined to be incapable | ||||||
26 | or not properly equipped for handling the request. |
| |||||||
| |||||||
1 | (e) In the event of an emergency a law enforcement officer | ||||||
2 | or agency, taking into account the safety and location of the | ||||||
3 | situation, may deviate from the order of the tow rotation list | ||||||
4 | and obtain towing service from any source deemed appropriate. | ||||||
5 | (f) If the owner or operator of a disabled vehicle is | ||||||
6 | present at the scene of the disabled vehicle, is not under | ||||||
7 | arrest, and does not abandon his or her vehicle, and in the law | ||||||
8 | enforcement officer's opinion the disabled vehicle is not | ||||||
9 | impeding or obstructing traffic, illegally parked, or posing a | ||||||
10 | security or safety risk, the law enforcement officer shall | ||||||
11 | allow the owner of the vehicle to specify a towing service to | ||||||
12 | relocate the disabled vehicle. If the owner chooses not to | ||||||
13 | specify a towing service, the law enforcement agency shall | ||||||
14 | select a towing service for the vehicle as provided in | ||||||
15 | subsection (c) of this Section. | ||||||
16 | (g) If a tow operator is present or arrives where a tow is | ||||||
17 | needed and it has not been requested by the law enforcement | ||||||
18 | agency or the owner or operator, the law enforcement officer, | ||||||
19 | unless acting under Section 11-1431 of this Code, shall advise | ||||||
20 | the tow operator to leave the scene. | ||||||
21 | (h) (Blank).
| ||||||
22 | (Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23 .)
| ||||||
23 | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
| ||||||
24 | Sec. 4-204. Police tows; reports, release of vehicles, | ||||||
25 | payment. When
a vehicle is authorized to be towed away as |
| |||||||
| |||||||
1 | provided in Section
4-202 or 4-203:
| ||||||
2 | (a) The authorization, any hold order, and any release | ||||||
3 | shall be in
writing, or confirmed in writing, with a copy | ||||||
4 | given to the towing service.
| ||||||
5 | (b) The police headquarters or office of the law | ||||||
6 | officer
authorizing the towing shall keep and maintain a | ||||||
7 | record of the vehicle
towed, listing the color, year of | ||||||
8 | manufacture, manufacturer's trade name,
manufacturer's | ||||||
9 | series name, body style, Vehicle Identification Number,
| ||||||
10 | license plate or digital license plate year and number and | ||||||
11 | registration sticker or digital registration sticker year | ||||||
12 | and number
displayed on the vehicle. The record shall
also | ||||||
13 | include the date and hour of tow, location towed from, | ||||||
14 | location towed
to, reason for towing , and the name of the | ||||||
15 | officer authorizing the tow , the towing service, Illinois | ||||||
16 | Commerce Commission number, and tow truck plate number. .
| ||||||
17 | (c) The owner, operator, or other legally entitled | ||||||
18 | person shall be
responsible to the towing service for | ||||||
19 | payment of applicable removal, towing,
storage, and | ||||||
20 | processing charges and collection costs associated with a | ||||||
21 | vehicle
towed or held under order or authorization of a | ||||||
22 | law enforcement agency. If a
vehicle towed or held under | ||||||
23 | order or authorization of a law enforcement agency
is | ||||||
24 | seized by the ordering or authorizing agency or any other | ||||||
25 | law enforcement
or governmental agency and sold, any | ||||||
26 | unpaid removal, towing, storage,
and processing charges |
| |||||||
| |||||||
1 | and collection costs shall be paid to the towing service
| ||||||
2 | from the proceeds of the sale. If applicable law provides | ||||||
3 | that the proceeds
are to be paid into the treasury of the | ||||||
4 | appropriate civil jurisdiction, then
any unpaid removal, | ||||||
5 | towing, storage, and processing charges and collection
| ||||||
6 | costs shall be paid to the towing service from the | ||||||
7 | treasury of the civil
jurisdiction. That payment shall | ||||||
8 | not, however, exceed the amount of proceeds
from the sale, | ||||||
9 | with the balance to be paid by the owner, operator, or | ||||||
10 | other
legally entitled person.
| ||||||
11 | (d) Upon delivery of a written release order to the | ||||||
12 | towing service, a
vehicle subject to a hold order shall be | ||||||
13 | released to the owner, operator, or
other legally entitled | ||||||
14 | person upon proof of ownership or other entitlement and
| ||||||
15 | upon payment of applicable removal, towing, storage, and | ||||||
16 | processing charges and
collection costs.
| ||||||
17 | (Source: P.A. 101-395, eff. 8-16-19.)
| ||||||
18 | (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
| ||||||
19 | Sec. 4-208. Disposal of unclaimed vehicles.
| ||||||
20 | (a) In cities having a
population of more than 500,000, | ||||||
21 | whenever an abandoned, lost, stolen or
unclaimed vehicle, or | ||||||
22 | vehicle determined to be a hazardous dilapidated
motor vehicle | ||||||
23 | pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
| ||||||
24 | remains unclaimed by the registered owner, lienholder or other | ||||||
25 | legally
entitled person for a period of 18 days after notice |
| |||||||
| |||||||
1 | has been given under
Sections 4-205 and 4-206 of this Code, if | ||||||
2 | during that 18 days the possessor of the vehicle has sent an | ||||||
3 | additional notice by first class mail to the registered owner, | ||||||
4 | lienholder, or other legally entitled person, the vehicle | ||||||
5 | shall be disposed,
pursuant to the provisions of the | ||||||
6 | "Municipal purchasing act for cities of
500,000 or more | ||||||
7 | population", to a person licensed as an automotive parts
| ||||||
8 | recycler , rebuilder or scrap processor under Chapter 5 of this | ||||||
9 | Code. With respect to any vehicle that has been booted, | ||||||
10 | impounded, or both in accordance with subsection (c) of | ||||||
11 | Section 11-208.3, a city with a population over 500,000 may | ||||||
12 | establish a program whereby the registered owner, lienholder, | ||||||
13 | or other legally entitled person is entitled to any proceeds | ||||||
14 | from the disposition of the vehicle, less any reasonable | ||||||
15 | storage charges, administrative fees, booting fees, towing | ||||||
16 | fees, and parking and compliance fines and penalties.
| ||||||
17 | (b) Except as provided in Section 4-208 for cities with | ||||||
18 | more than
500,000 inhabitants, when an abandoned, lost, stolen | ||||||
19 | or unclaimed
vehicle 7 years of age or newer remains unclaimed | ||||||
20 | by the registered
owner, lienholder or other legally entitled | ||||||
21 | persons for a
period of 30 days after notice has been given as | ||||||
22 | provided in Sections 4-205
and 4-206 of this Code, the law | ||||||
23 | enforcement agency or towing service having
possession of the | ||||||
24 | vehicle shall cause it to be sold at public auction to a
person | ||||||
25 | licensed as an automotive parts recycler , rebuilder or scrap
| ||||||
26 | processor under Chapter 5 of this Code or the towing operator |
| |||||||
| |||||||
1 | which towed
the vehicle . Notice of the time and place of the
| ||||||
2 | sale shall be posted in a conspicuous place for at least 10 | ||||||
3 | days prior to
the sale on the premises where the vehicle has | ||||||
4 | been impounded. At least 10
days prior to the sale, the law | ||||||
5 | enforcement agency where the vehicle is
impounded, or the | ||||||
6 | towing service where the vehicle is impounded, shall
cause a | ||||||
7 | notice of the time and place of the sale to be sent by | ||||||
8 | certified
mail to the registered owner, lienholder, or other | ||||||
9 | legally entitled persons. Notice as provided in Sections 4-205 | ||||||
10 | and 4-206 of this Code and as
provided in this subsection (b) | ||||||
11 | shall state the time and place of
sale and shall
contain a | ||||||
12 | complete description
of the vehicle to be sold and what steps | ||||||
13 | must be taken by any legally
entitled person to reclaim the | ||||||
14 | vehicle.
| ||||||
15 | (c) If an abandoned, lost, stolen, or unclaimed vehicle | ||||||
16 | displays dealer
plates, notice under this Section and Section | ||||||
17 | 4-209 of this Code shall be sent
to both the dealer and the | ||||||
18 | registered owner, lienholder, or other legally
entitled | ||||||
19 | persons.
| ||||||
20 | (d) In those instances where the certified notification | ||||||
21 | specified in
Sections 4-205 and 4-206 of this Code has been | ||||||
22 | returned by the postal
authorities to the law enforcement | ||||||
23 | agency or towing service, the sending of a second
certified | ||||||
24 | notice will not be required.
| ||||||
25 | (Source: P.A. 94-650, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
| ||||||
2 | Sec. 4-209. Disposal of unclaimed vehicles more than 7 | ||||||
3 | years of age;
disposal of abandoned or unclaimed vehicles | ||||||
4 | without notice. | ||||||
5 | (a) When the identity of the registered owner, lienholder, | ||||||
6 | or
other legally entitled persons of an abandoned, lost, or | ||||||
7 | unclaimed
vehicle of 7 years of age or newer cannot be | ||||||
8 | determined by any means
provided for in this Chapter, the | ||||||
9 | vehicle may be sold as provided in
Section 4-208 without | ||||||
10 | notice to any person whose identity cannot be determined.
| ||||||
11 | (b) When an abandoned vehicle of more than 7 years of age | ||||||
12 | is
impounded as specified by this Chapter, or when any such | ||||||
13 | vehicle is towed at
the request or with the consent of the | ||||||
14 | owner or operator and is subsequently
abandoned, it will be | ||||||
15 | kept in custody or storage for a
minimum of 10 days for the | ||||||
16 | purpose of determining the identity of the
registered owner, | ||||||
17 | lienholder, or other legally entitled persons
and contacting | ||||||
18 | the registered owner, lienholder, or other legally entitled
| ||||||
19 | persons by the U. S. Mail, public service or
in person for a | ||||||
20 | determination of disposition; and, an examination of the | ||||||
21 | Illinois
State Police stolen vehicle files for theft and | ||||||
22 | wanted information. At
the expiration of the 10 day period, | ||||||
23 | without the benefit of disposition
information being received | ||||||
24 | from the registered owner,
lienholder, or other legally | ||||||
25 | entitled persons, the vehicle may be disposed of
in either of | ||||||
26 | the following ways:
|
| |||||||
| |||||||
1 | (1) The law enforcement agency having jurisdiction | ||||||
2 | will authorize the
disposal of the vehicle as junk or | ||||||
3 | salvage .
| ||||||
4 | (2) The towing service may sell the vehicle in the | ||||||
5 | manner provided in
Section 4-208 of this Code, provided | ||||||
6 | that this paragraph (2) shall not apply to
vehicles towed | ||||||
7 | by order or authorization of a law enforcement agency.
| ||||||
8 | (c) A vehicle classified as an antique vehicle, | ||||||
9 | expanded-use antique vehicle, custom vehicle, or
street rod | ||||||
10 | may however be sold
to a person desiring to restore it.
| ||||||
11 | (Source: P.A. 102-538, eff. 8-20-21.)
| ||||||
12 | (625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
| ||||||
13 | Sec. 4-214. Violations of Section 4-201.
| ||||||
14 | (a) Any person who violates Section 4-201 of this Code or | ||||||
15 | who
aids and abets in that violation:
| ||||||
16 | (1) shall be subject to a mandatory fine of $200 and | ||||||
17 | shall surrender the person's Illinois Commission Commerce | ||||||
18 | license and tow truck plates for one year ; and
| ||||||
19 | (2) shall be required by the court to make a | ||||||
20 | disposition on the abandoned
or unclaimed vehicle and pay | ||||||
21 | all towing, storage, and processing charges and
collection | ||||||
22 | costs pursuant to Section 4-203, subsections (a) and (e).
| ||||||
23 | (b) When a vehicle is abandoned, it shall be presumed that | ||||||
24 | the last
registered owner is responsible for the abandonment | ||||||
25 | and shall be liable for
all towing, storage, and processing |
| |||||||
| |||||||
1 | charges and collection costs, less any
amounts realized in the | ||||||
2 | disposal of the vehicle. The last registered owner's
liability | ||||||
3 | for storage fees may not exceed a maximum of 30 days' storage | ||||||
4 | fees.
| ||||||
5 | The presumption established under this subsection may
be | ||||||
6 | rebutted by a showing that, prior to the time of the tow:
| ||||||
7 | (1) a report of vehicle theft was filed with respect | ||||||
8 | to the vehicle; or
| ||||||
9 | (2) the vehicle was sold or transferred and the last | ||||||
10 | registered owner
provides the towing service with the | ||||||
11 | correct identity and address of the new
owner at the time | ||||||
12 | of the sale or transfer.
| ||||||
13 | If the presumption established under this subsection is | ||||||
14 | rebutted, the person
responsible for theft of the vehicle or | ||||||
15 | to whom the vehicle was sold or
transferred is liable for all | ||||||
16 | towing, storage, and processing charges and
collection costs.
| ||||||
17 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
18 | Section 95. No acceleration or delay. Where this Act makes | ||||||
19 | changes in a statute that is represented in this Act by text | ||||||
20 | that is not yet or no longer in effect (for example, a Section | ||||||
21 | represented by multiple versions), the use of that text does | ||||||
22 | not accelerate or delay the taking effect of (i) the changes | ||||||
23 | made by this Act or (ii) provisions derived from any other | ||||||
24 | Public Act. | ||||||
25 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|