HB1593 EngrossedLRB097 05104 HEP 45147 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 11-208, 11-208.3, and 11-208.6 as follows:
 
6    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
7    Sec. 11-208. Powers of local authorities.
8    (a) The provisions of this Code shall not be deemed to
9prevent local authorities with respect to streets and highways
10under their jurisdiction and within the reasonable exercise of
11the police power from:
12        1. Regulating the standing or parking of vehicles,
13    except as limited by Sections 11-1306 and 11-1307 of this
14    Act;
15        2. Regulating traffic by means of police officers or
16    traffic control signals;
17        3. Regulating or prohibiting processions or
18    assemblages on the highways;
19        4. Designating particular highways as one-way highways
20    and requiring that all vehicles thereon be moved in one
21    specific direction;
22        5. Regulating the speed of vehicles in public parks
23    subject to the limitations set forth in Section 11-604;

 

 

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1        6. Designating any highway as a through highway, as
2    authorized in Section 11-302, and requiring that all
3    vehicles stop before entering or crossing the same or
4    designating any intersection as a stop intersection or a
5    yield right-of-way intersection and requiring all vehicles
6    to stop or yield the right-of-way at one or more entrances
7    to such intersections;
8        7. Restricting the use of highways as authorized in
9    Chapter 15;
10        8. Regulating the operation of bicycles and requiring
11    the registration and licensing of same, including the
12    requirement of a registration fee;
13        9. Regulating or prohibiting the turning of vehicles or
14    specified types of vehicles at intersections;
15        10. Altering the speed limits as authorized in Section
16    11-604;
17        11. Prohibiting U-turns;
18        12. Prohibiting pedestrian crossings at other than
19    designated and marked crosswalks or at intersections;
20        13. Prohibiting parking during snow removal operation;
21        14. Imposing fines in accordance with Section
22    11-1301.3 as penalties for use of any parking place
23    reserved for persons with disabilities, as defined by
24    Section 1-159.1, or disabled veterans by any person using a
25    motor vehicle not bearing registration plates specified in
26    Section 11-1301.1 or a special decal or device as defined

 

 

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1    in Section 11-1301.2 as evidence that the vehicle is
2    operated by or for a person with disabilities or disabled
3    veteran;
4        15. Adopting such other traffic regulations as are
5    specifically authorized by this Code; or
6        16. Enforcing the provisions of subsection (f) of
7    Section 3-413 of this Code or a similar local ordinance.
8    (b) No ordinance or regulation enacted under subsections 1,
94, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
10until signs giving reasonable notice of such local traffic
11regulations are posted.
12    (c) The provisions of this Code shall not prevent any
13municipality having a population of 500,000 or more inhabitants
14from prohibiting any person from driving or operating any motor
15vehicle upon the roadways of such municipality with headlamps
16on high beam or bright.
17    (d) The provisions of this Code shall not be deemed to
18prevent local authorities within the reasonable exercise of
19their police power from prohibiting, on private property, the
20unauthorized use of parking spaces reserved for persons with
21disabilities.
22    (e) No unit of local government, including a home rule
23unit, may enact or enforce an ordinance that applies only to
24motorcycles if the principal purpose for that ordinance is to
25restrict the access of motorcycles to any highway or portion of
26a highway for which federal or State funds have been used for

 

 

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1the planning, design, construction, or maintenance of that
2highway. No unit of local government, including a home rule
3unit, may enact an ordinance requiring motorcycle users to wear
4protective headgear. Nothing in this subsection (e) shall
5affect the authority of a unit of local government to regulate
6motorcycles for traffic control purposes or in accordance with
7Section 12-602 of this Code. No unit of local government,
8including a home rule unit, may regulate motorcycles in a
9manner inconsistent with this Code. This subsection (e) is a
10limitation under subsection (i) of Section 6 of Article VII of
11the Illinois Constitution on the concurrent exercise by home
12rule units of powers and functions exercised by the State.
13    (f) A municipality or county designated in Section 11-208.6
14may enact an ordinance providing for an automated traffic law
15enforcement system to enforce violations of this Code or a
16similar provision of a local ordinance and imposing liability
17on a registered owner or lessee of a vehicle used in such a
18violation.
19    (g) A municipality or county, as provided in Section
2011-1201.1, may enact an ordinance providing for an automated
21traffic law enforcement system to enforce violations of Section
2211-1201 of this Code or a similar provision of a local
23ordinance and imposing liability on a registered owner of a
24vehicle used in such a violation.
25(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11.)
 

 

 

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1    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
2    Sec. 11-208.3. Administrative adjudication of violations
3of traffic regulations concerning the standing, parking, or
4condition of vehicles and automated traffic law violations.
5    (a) Any municipality or county may provide by ordinance for
6a system of administrative adjudication of vehicular standing
7and parking violations and vehicle compliance violations as
8described defined in this subsection and automated traffic law
9violations as defined in Section 11-208.6 or 11-1201.1. The
10administrative system shall have as its purpose the fair and
11efficient enforcement of municipal or county regulations
12through the administrative adjudication of automated traffic
13law violations and violations of municipal or county ordinances
14regulating the standing and parking of vehicles, the condition
15and use of vehicle equipment, and the display of municipal or
16county wheel tax licenses within the municipality's or county's
17borders. The administrative system shall only have authority to
18adjudicate civil offenses carrying fines not in excess of $500
19or requiring the completion of a traffic education program, or
20both, that occur after the effective date of the ordinance
21adopting such a system under this Section. For purposes of this
22Section, "compliance violation" means a violation of a
23municipal or county regulation governing the condition or use
24of equipment on a vehicle or governing the display of a
25municipal or county wheel tax license.
26    (b) Any ordinance establishing a system of administrative

 

 

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1adjudication under this Section shall provide for:
2        (1) A traffic compliance administrator authorized to
3    adopt, distribute and process parking, compliance, and
4    automated traffic law violation notices and other notices
5    required by this Section, collect money paid as fines and
6    penalties for violation of parking and compliance
7    ordinances and automated traffic law violations, and
8    operate an administrative adjudication system. The traffic
9    compliance administrator also may make a certified report
10    to the Secretary of State under Section 6-306.5.
11        (2) A parking, standing, compliance, or automated
12    traffic law violation notice that shall specify the date,
13    time, and place of violation of a parking, standing,
14    compliance, or automated traffic law regulation; the
15    particular regulation violated; any requirement to
16    complete a traffic education program; the fine and any
17    penalty that may be assessed for late payment or failure to
18    complete a required traffic education program, or both,
19    when so provided by ordinance; the vehicle make and state
20    registration number; and the identification number of the
21    person issuing the notice. With regard to automated traffic
22    law violations, vehicle make shall be specified on the
23    automated traffic law violation notice if the make is
24    available and readily discernible. With regard to
25    municipalities or counties with a population of 1 million
26    or more, it shall be grounds for dismissal of a parking

 

 

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1    violation if the state registration number or vehicle make
2    specified is incorrect. The violation notice shall state
3    that the completion of any required traffic education
4    program, the payment of any indicated fine, and the payment
5    of any applicable penalty for late payment or failure to
6    complete a required traffic education program, or both,
7    shall operate as a final disposition of the violation. The
8    notice also shall contain information as to the
9    availability of a hearing in which the violation may be
10    contested on its merits. The violation notice shall specify
11    the time and manner in which a hearing may be had.
12        (3) Service of the parking, standing, or compliance
13    violation notice by affixing the original or a facsimile of
14    the notice to an unlawfully parked vehicle or by handing
15    the notice to the operator of a vehicle if he or she is
16    present and service of an automated traffic law violation
17    notice by mail to the address of the registered owner or
18    lessee of the cited vehicle as recorded with the Secretary
19    of State or the lessor of the motor vehicle within 30 days
20    after the Secretary of State or the lessor of the motor
21    vehicle notifies the municipality or county of the identity
22    of the owner or lessee of the vehicle, but not in no event
23    later than 90 days after the violation, except that in the
24    case of a lessee of a motor vehicle, service of an
25    automated traffic law violation notice may occur no later
26    than 210 days after the violation. A person authorized by

 

 

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1    ordinance to issue and serve parking, standing, and
2    compliance violation notices shall certify as to the
3    correctness of the facts entered on the violation notice by
4    signing his or her name to the notice at the time of
5    service or in the case of a notice produced by a
6    computerized device, by signing a single certificate to be
7    kept by the traffic compliance administrator attesting to
8    the correctness of all notices produced by the device while
9    it was under his or her control. In the case of an
10    automated traffic law violation, the ordinance shall
11    require a determination by a technician employed or
12    contracted by the municipality or county that, based on
13    inspection of recorded images, the motor vehicle was being
14    operated in violation of Section 11-208.6 or 11-1201.1 or a
15    local ordinance. If the technician determines that the
16    vehicle entered the intersection as part of a funeral
17    procession or in order to yield the right-of-way to an
18    emergency vehicle, a citation shall not be issued. In
19    municipalities with a population of less than 1,000,000
20    inhabitants and counties with a population of less than
21    3,000,000 inhabitants, the automated traffic law ordinance
22    shall require that all determinations by a technician that
23    a motor vehicle was being operated in violation of Section
24    11-208.6 or 11-1201.1 or a local ordinance must be reviewed
25    and approved by a law enforcement officer or retired law
26    enforcement officer of the municipality or county issuing

 

 

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1    the violation. In municipalities with a population of
2    1,000,000 or more inhabitants and counties with a
3    population of 3,000,000 or more inhabitants, the automated
4    traffic law ordinance shall require that all
5    determinations by a technician that a motor vehicle was
6    being operated in violation of Section 11-208.6 or
7    11-1201.1 or a local ordinance must be reviewed and
8    approved by a law enforcement officer or retired law
9    enforcement officer of the municipality or county issuing
10    the violation or by an additional fully-trained reviewing
11    technician who is not employed by the contractor who
12    employs the technician who made the initial determination.
13    As used in this paragraph, "fully-trained reviewing
14    technician" means a person who has received at least 40
15    hours of supervised training in subjects which shall
16    include image inspection and interpretation, the elements
17    necessary to prove a violation, license plate
18    identification, and traffic safety and management. In all
19    municipalities and counties, the automated traffic law
20    ordinance shall require that no additional fee shall be
21    charged to the alleged violator for exercising his or her
22    right to an administrative hearing, and persons shall be
23    given at least 25 days following an administrative hearing
24    to pay any civil penalty imposed by a finding that Section
25    11-208.6 or 11-1201.1 or a similar local ordinance has been
26    violated. The original or a facsimile of the violation

 

 

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1    notice or, in the case of a notice produced by a
2    computerized device, a printed record generated by the
3    device showing the facts entered on the notice, shall be
4    retained by the traffic compliance administrator, and
5    shall be a record kept in the ordinary course of business.
6    A parking, standing, compliance, or automated traffic law
7    violation notice issued, signed and served in accordance
8    with this Section, a copy of the notice, or the computer
9    generated record shall be prima facie correct and shall be
10    prima facie evidence of the correctness of the facts shown
11    on the notice. The notice, copy, or computer generated
12    record shall be admissible in any subsequent
13    administrative or legal proceedings.
14        (4) An opportunity for a hearing for the registered
15    owner of the vehicle cited in the parking, standing,
16    compliance, or automated traffic law violation notice in
17    which the owner may contest the merits of the alleged
18    violation, and during which formal or technical rules of
19    evidence shall not apply; provided, however, that under
20    Section 11-1306 of this Code the lessee of a vehicle cited
21    in the violation notice likewise shall be provided an
22    opportunity for a hearing of the same kind afforded the
23    registered owner. The hearings shall be recorded, and the
24    person conducting the hearing on behalf of the traffic
25    compliance administrator shall be empowered to administer
26    oaths and to secure by subpoena both the attendance and

 

 

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1    testimony of witnesses and the production of relevant books
2    and papers. Persons appearing at a hearing under this
3    Section may be represented by counsel at their expense. The
4    ordinance may also provide for internal administrative
5    review following the decision of the hearing officer.
6        (5) Service of additional notices, sent by first class
7    United States mail, postage prepaid, to the address of the
8    registered owner of the cited vehicle as recorded with the
9    Secretary of State or, if any notice to that address is
10    returned as undeliverable, to the last known address
11    recorded in a United States Post Office approved database,
12    or, under Section 11-1306 or subsection (p) of Section
13    11-208.6 of this Code, to the lessee of the cited vehicle
14    at the last address known to the lessor of the cited
15    vehicle at the time of lease or, if any notice to that
16    address is returned as undeliverable, to the last known
17    address recorded in a United States Post Office approved
18    database. The service shall be deemed complete as of the
19    date of deposit in the United States mail. The notices
20    shall be in the following sequence and shall include but
21    not be limited to the information specified herein:
22            (i) A second notice of parking, standing, or
23        compliance violation. This notice shall specify the
24        date and location of the violation cited in the
25        parking, standing, or compliance violation notice, the
26        particular regulation violated, the vehicle make and

 

 

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1        state registration number, any requirement to complete
2        a traffic education program, the fine and any penalty
3        that may be assessed for late payment or failure to
4        complete a traffic education program, or both, when so
5        provided by ordinance, the availability of a hearing in
6        which the violation may be contested on its merits, and
7        the time and manner in which the hearing may be had.
8        The notice of violation shall also state that failure
9        to complete a required traffic education program, to
10        pay the indicated fine and any applicable penalty, or
11        to appear at a hearing on the merits in the time and
12        manner specified, will result in a final determination
13        of violation liability for the cited violation in the
14        amount of the fine or penalty indicated, and that, upon
15        the occurrence of a final determination of violation
16        liability for the failure, and the exhaustion of, or
17        failure to exhaust, available administrative or
18        judicial procedures for review, any incomplete traffic
19        education program or any unpaid fine or penalty, or
20        both, will constitute a debt due and owing the
21        municipality or county.
22            (ii) A notice of final determination of parking,
23        standing, compliance, or automated traffic law
24        violation liability. This notice shall be sent
25        following a final determination of parking, standing,
26        compliance, or automated traffic law violation

 

 

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1        liability and the conclusion of judicial review
2        procedures taken under this Section. The notice shall
3        state that the incomplete traffic education program or
4        the unpaid fine or penalty, or both, is a debt due and
5        owing the municipality or county. The notice shall
6        contain warnings that failure to complete any required
7        traffic education program or to pay any fine or penalty
8        due and owing the municipality or county, or both,
9        within the time specified may result in the
10        municipality's or county's filing of a petition in the
11        Circuit Court to have the incomplete traffic education
12        program or unpaid fine or penalty, or both, rendered a
13        judgment as provided by this Section, or may result in
14        suspension of the person's drivers license for failure
15        to complete a traffic education program or to pay fines
16        or penalties, or both, for 10 or more parking
17        violations under Section 6-306.5 or 5 or more automated
18        traffic law violations under Section 11-208.6.
19        (6) A notice of impending drivers license suspension.
20    This notice shall be sent to the person liable for failure
21    to complete a required traffic education program or to pay
22    any fine or penalty that remains due and owing, or both, on
23    10 or more parking violations or 5 or more unpaid automated
24    traffic law violations. The notice shall state that failure
25    to complete a required traffic education program or to pay
26    the fine or penalty owing, or both, within 45 days of the

 

 

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1    notice's date will result in the municipality or county
2    notifying the Secretary of State that the person is
3    eligible for initiation of suspension proceedings under
4    Section 6-306.5 of this Code. The notice shall also state
5    that the person may obtain a photostatic copy of an
6    original ticket imposing a fine or penalty by sending a
7    self addressed, stamped envelope to the municipality or
8    county along with a request for the photostatic copy. The
9    notice of impending drivers license suspension shall be
10    sent by first class United States mail, postage prepaid, to
11    the address recorded with the Secretary of State or, if any
12    notice to that address is returned as undeliverable, to the
13    last known address recorded in a United States Post Office
14    approved database.
15        (7) Final determinations of violation liability. A
16    final determination of violation liability shall occur
17    following failure to complete the required traffic
18    education program or to pay the fine or penalty, or both,
19    after a hearing officer's determination of violation
20    liability and the exhaustion of or failure to exhaust any
21    administrative review procedures provided by ordinance.
22    Where a person fails to appear at a hearing to contest the
23    alleged violation in the time and manner specified in a
24    prior mailed notice, the hearing officer's determination
25    of violation liability shall become final: (A) upon denial
26    of a timely petition to set aside that determination, or

 

 

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1    (B) upon expiration of the period for filing the petition
2    without a filing having been made.
3        (8) A petition to set aside a determination of parking,
4    standing, compliance, or automated traffic law violation
5    liability that may be filed by a person owing an unpaid
6    fine or penalty. A petition to set aside a determination of
7    liability may also be filed by a person required to
8    complete a traffic education program. The petition shall be
9    filed with and ruled upon by the traffic compliance
10    administrator in the manner and within the time specified
11    by ordinance. The grounds for the petition may be limited
12    to: (A) the person not having been the owner or lessee of
13    the cited vehicle on the date the violation notice was
14    issued, (B) the person having already completed the
15    required traffic education program or paid the fine or
16    penalty, or both, for the violation in question, and (C)
17    excusable failure to appear at or request a new date for a
18    hearing. With regard to municipalities or counties with a
19    population of 1 million or more, it shall be grounds for
20    dismissal of a parking violation if the state registration
21    number, or vehicle make if specified, is incorrect. After
22    the determination of parking, standing, compliance, or
23    automated traffic law violation liability has been set
24    aside upon a showing of just cause, the registered owner
25    shall be provided with a hearing on the merits for that
26    violation.

 

 

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1        (9) Procedures for non-residents. Procedures by which
2    persons who are not residents of the municipality or county
3    may contest the merits of the alleged violation without
4    attending a hearing.
5        (10) A schedule of civil fines for violations of
6    vehicular standing, parking, compliance, or automated
7    traffic law regulations enacted by ordinance pursuant to
8    this Section, and a schedule of penalties for late payment
9    of the fines or failure to complete required traffic
10    education programs, provided, however, that the total
11    amount of the fine and penalty for any one violation shall
12    not exceed $250, except as provided in subsection (c) of
13    Section 11-1301.3 of this Code.
14        (11) Other provisions as are necessary and proper to
15    carry into effect the powers granted and purposes stated in
16    this Section.
17    (c) Any municipality or county establishing vehicular
18standing, parking, compliance, or automated traffic law
19regulations under this Section may also provide by ordinance
20for a program of vehicle immobilization for the purpose of
21facilitating enforcement of those regulations. The program of
22vehicle immobilization shall provide for immobilizing any
23eligible vehicle upon the public way by presence of a restraint
24in a manner to prevent operation of the vehicle. Any ordinance
25establishing a program of vehicle immobilization under this
26Section shall provide:

 

 

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1        (1) Criteria for the designation of vehicles eligible
2    for immobilization. A vehicle shall be eligible for
3    immobilization when the registered owner of the vehicle has
4    accumulated the number of incomplete traffic education
5    programs or unpaid final determinations of parking,
6    standing, compliance, or automated traffic law violation
7    liability, or both, as determined by ordinance.
8        (2) A notice of impending vehicle immobilization and a
9    right to a hearing to challenge the validity of the notice
10    by disproving liability for the incomplete traffic
11    education programs or unpaid final determinations of
12    parking, standing, compliance, or automated traffic law
13    violation liability, or both, listed on the notice.
14        (3) The right to a prompt hearing after a vehicle has
15    been immobilized or subsequently towed without the
16    completion of the required traffic education program or
17    payment of the outstanding fines and penalties on parking,
18    standing, compliance, or automated traffic law violations,
19    or both, for which final determinations have been issued.
20    An order issued after the hearing is a final administrative
21    decision within the meaning of Section 3-101 of the Code of
22    Civil Procedure.
23        (4) A post immobilization and post-towing notice
24    advising the registered owner of the vehicle of the right
25    to a hearing to challenge the validity of the impoundment.
26    (d) Judicial review of final determinations of parking,

 

 

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1standing, compliance, or automated traffic law violations and
2final administrative decisions issued after hearings regarding
3vehicle immobilization and impoundment made under this Section
4shall be subject to the provisions of the Administrative Review
5Law.
6    (e) Any fine, penalty, incomplete traffic education
7program, or part of any fine or any penalty remaining unpaid
8after the exhaustion of, or the failure to exhaust,
9administrative remedies created under this Section and the
10conclusion of any judicial review procedures shall be a debt
11due and owing the municipality or county and, as such, may be
12collected in accordance with applicable law. Completion of any
13required traffic education program and payment in full of any
14fine or penalty resulting from a standing, parking, compliance,
15or automated traffic law violation shall constitute a final
16disposition of that violation.
17    (f) After the expiration of the period within which
18judicial review may be sought for a final determination of
19parking, standing, compliance, or automated traffic law
20violation, the municipality or county may commence a proceeding
21in the Circuit Court for purposes of obtaining a judgment on
22the final determination of violation. Nothing in this Section
23shall prevent a municipality or county from consolidating
24multiple final determinations of parking, standing,
25compliance, or automated traffic law violations against a
26person in a proceeding. Upon commencement of the action, the

 

 

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1municipality or county shall file a certified copy or record of
2the final determination of parking, standing, compliance, or
3automated traffic law violation, which shall be accompanied by
4a certification that recites facts sufficient to show that the
5final determination of violation was issued in accordance with
6this Section and the applicable municipal or county ordinance.
7Service of the summons and a copy of the petition may be by any
8method provided by Section 2-203 of the Code of Civil Procedure
9or by certified mail, return receipt requested, provided that
10the total amount of fines and penalties for final
11determinations of parking, standing, compliance, or automated
12traffic law violations does not exceed $2500. If the court is
13satisfied that the final determination of parking, standing,
14compliance, or automated traffic law violation was entered in
15accordance with the requirements of this Section and the
16applicable municipal or county ordinance, and that the
17registered owner or the lessee, as the case may be, had an
18opportunity for an administrative hearing and for judicial
19review as provided in this Section, the court shall render
20judgment in favor of the municipality or county and against the
21registered owner or the lessee for the amount indicated in the
22final determination of parking, standing, compliance, or
23automated traffic law violation, plus costs. The judgment shall
24have the same effect and may be enforced in the same manner as
25other judgments for the recovery of money.
26    (g) The fee for participating in a traffic education

 

 

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1program under this Section shall not exceed $25.
2    A low-income individual required to complete a traffic
3education program under this Section who provides proof of
4eligibility for the federal earned income tax credit under
5Section 32 of the Internal Revenue Code or the Illinois earned
6income tax credit under Section 212 of the Illinois Income Tax
7Act shall not be required to pay any fee for participating in a
8required traffic education program.
9(Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09;
1096-478, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1016, eff.
111-1-11; 96-1386, eff. 7-29-10; revised 9-16-10.)
 
12    (625 ILCS 5/11-208.6)
13    Sec. 11-208.6. Automated traffic law enforcement system.
14    (a) As used in this Section, "automated traffic law
15enforcement system" means a device with one or more motor
16vehicle sensors working in conjunction with a red light signal
17to produce recorded images of motor vehicles entering an
18intersection against a red signal indication in violation of
19Section 11-306 of this Code or a similar provision of a local
20ordinance.
21    An automated traffic law enforcement system is a system, in
22a municipality or county operated by a governmental agency,
23that produces a recorded image of a motor vehicle's violation
24of a provision of this Code or a local ordinance and is
25designed to obtain a clear recorded image of the vehicle and

 

 

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1the vehicle's license plate. The recorded image must also
2display the time, date, and location of the violation.
3    (b) As used in this Section, "recorded images" means images
4recorded by an automated traffic law enforcement system on:
5        (1) 2 or more photographs;
6        (2) 2 or more microphotographs;
7        (3) 2 or more electronic images; or
8        (4) a video recording showing the motor vehicle and, on
9    at least one image or portion of the recording, clearly
10    identifying the registration plate number of the motor
11    vehicle.
12    (b-5) A municipality or county that produces a recorded
13image of a motor vehicle's violation of a provision of this
14Code or a local ordinance must make the recorded images of a
15violation accessible to the alleged violator by providing the
16alleged violator with a website address, accessible through the
17Internet.
18    (c) A county or municipality, including a home rule county
19or municipality, may not use an automated traffic law
20enforcement system to provide recorded images of a motor
21vehicle for the purpose of recording its speed. The regulation
22of the use of automated traffic law enforcement systems to
23record vehicle speeds is an exclusive power and function of the
24State. This subsection (c) is a denial and limitation of home
25rule powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

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1    (c-5) A county or municipality, including a home rule
2county or municipality, may not use an automated traffic law
3enforcement system to issue violations in instances where the
4motor vehicle comes to a complete stop and does not enter the
5intersection, as defined by Section 1-132 of this Code, during
6the cycle of the red signal indication unless one or more
7pedestrians or bicyclists are present, even if the motor
8vehicle stops at a point past a stop line or crosswalk where a
9driver is required to stop, as specified in subsection (c) of
10Section 11-306 of this Code or a similar provision of a local
11ordinance.
12    (d) For each violation of a provision of this Code or a
13local ordinance recorded by an automatic traffic law
14enforcement system, the county or municipality having
15jurisdiction shall issue a written notice of the violation to
16the registered owner of the vehicle as the alleged violator.
17The notice shall be delivered to the registered owner of the
18vehicle, by mail, within 30 days after the Secretary of State
19notifies the municipality or county of the identity of the
20owner of the vehicle, but in no event later than 90 days after
21the violation.
22    The notice shall include:
23        (1) the name and address of the registered owner of the
24    vehicle;
25        (2) the registration number of the motor vehicle
26    involved in the violation;

 

 

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1        (3) the violation charged;
2        (4) the location where the violation occurred;
3        (5) the date and time of the violation;
4        (6) a copy of the recorded images;
5        (7) the amount of the civil penalty imposed and the
6    requirements of any traffic education program imposed and
7    the date by which the civil penalty should be paid and the
8    traffic education program should be completed;
9        (8) a statement that recorded images are evidence of a
10    violation of a red light signal;
11        (9) a warning that failure to pay the civil penalty, to
12    complete a required traffic education program, or to
13    contest liability in a timely manner is an admission of
14    liability and may result in a suspension of the driving
15    privileges of the registered owner of the vehicle;
16        (10) a statement that the person may elect to proceed
17    by:
18            (A) paying the fine, completing a required traffic
19        education program, or both; or
20            (B) challenging the charge in court, by mail, or by
21        administrative hearing; and
22        (11) a website address, accessible through the
23    Internet, where the person may view the recorded images of
24    the violation.
25    (e) If a person charged with a traffic violation, as a
26result of an automated traffic law enforcement system, does not

 

 

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1pay the fine or complete a required traffic education program,
2or both, or successfully contest the civil penalty resulting
3from that violation, the Secretary of State shall suspend the
4driving privileges of the registered owner of the vehicle under
5Section 6-306.5 of this Code for failing to complete a required
6traffic education program or to pay any fine or penalty due and
7owing, or both, as a result of 5 violations of the automated
8traffic law enforcement system.
9    (f) Based on inspection of recorded images produced by an
10automated traffic law enforcement system, a notice alleging
11that the violation occurred shall be evidence of the facts
12contained in the notice and admissible in any proceeding
13alleging a violation under this Section.
14    (g) Recorded images made by an automatic traffic law
15enforcement system are confidential and shall be made available
16only to the alleged violator and governmental and law
17enforcement agencies for purposes of adjudicating a violation
18of this Section, for statistical purposes, or for other
19governmental purposes. Any recorded image evidencing a
20violation of this Section, however, may be admissible in any
21proceeding resulting from the issuance of the citation.
22    (h) The court or hearing officer may consider in defense of
23a violation:
24        (1) that the motor vehicle or registration plates of
25    the motor vehicle were stolen before the violation occurred
26    and not under the control of or in the possession of the

 

 

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1    owner at the time of the violation;
2        (2) that the driver of the vehicle passed through the
3    intersection when the light was red either (i) in order to
4    yield the right-of-way to an emergency vehicle or (ii) as
5    part of a funeral procession; and
6        (3) any other evidence or issues provided by municipal
7    or county ordinance.
8    (i) To demonstrate that the motor vehicle or the
9registration plates were stolen before the violation occurred
10and were not under the control or possession of the owner at
11the time of the violation, the owner must submit proof that a
12report concerning the stolen motor vehicle or registration
13plates was filed with a law enforcement agency in a timely
14manner.
15    (j) Unless the driver of the motor vehicle received a
16Uniform Traffic Citation from a police officer at the time of
17the violation, the motor vehicle owner is subject to a civil
18penalty not exceeding $100 or the completion of a traffic
19education program, or both, plus an additional penalty of not
20more than $100 for failure to pay the original penalty or to
21complete a required traffic education program, or both, in a
22timely manner, if the motor vehicle is recorded by an automated
23traffic law enforcement system. A violation for which a civil
24penalty is imposed under this Section is not a violation of a
25traffic regulation governing the movement of vehicles and may
26not be recorded on the driving record of the owner of the

 

 

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1vehicle.
2    (j-3) A registered owner who is a holder of a valid
3commercial driver's license is not required to complete a
4traffic education program.
5    (j-5) For purposes of the required traffic education
6program only, a registered owner may submit an affidavit to the
7court or hearing officer swearing that at the time of the
8alleged violation, the vehicle was in the custody and control
9of another person. The affidavit must identify the person in
10custody and control of the vehicle, including the person's name
11and current address. The person in custody and control of the
12vehicle at the time of the violation is required to complete
13the required traffic education program. If the person in
14custody and control of the vehicle at the time of the violation
15completes the required traffic education program, the
16registered owner of the vehicle is not required to complete a
17traffic education program.
18    (k) An intersection equipped with an automated traffic law
19enforcement system must be posted with a sign visible to
20approaching traffic indicating that the intersection is being
21monitored by an automated traffic law enforcement system.
22    (k-3) A municipality or county that has one or more
23intersections equipped with an automated traffic law
24enforcement system must provide notice to drivers by posting
25the locations of automated traffic law systems on the
26municipality or county website.

 

 

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1    (k-5) An intersection equipped with an automated traffic
2law enforcement system must have a yellow change interval that
3conforms with the Illinois Manual on Uniform Traffic Control
4Devices (IMUTCD) published by the Illinois Department of
5Transportation.
6    (k-7) A municipality or county operating an automated
7traffic law enforcement system shall conduct a statistical
8analysis to assess the safety impact of each automated traffic
9law enforcement system at an intersection following
10installation of the system. The statistical analysis shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analysis shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analysis also shall be consistent
17with the data required for valid comparisons of before and
18after conditions and shall be conducted within a reasonable
19period following the installation of the automated traffic law
20enforcement system. The statistical analysis required by this
21subsection (k-7) shall be made available to the public and
22shall be published on the website of the municipality or
23county. If the statistical analysis for the 36 month period
24following installation of the system indicates that there has
25been an increase in the rate of accidents at the approach to
26the intersection monitored by the system, the municipality or

 

 

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1county shall undertake additional studies to determine the
2cause and severity of the accidents, and may take any action
3that it determines is necessary or appropriate to reduce the
4number or severity of the accidents at that intersection.
5    (l) The compensation paid for an automated traffic law
6enforcement system must be based on the value of the equipment
7or the services provided and may not be based on the number of
8traffic citations issued or the revenue generated by the
9system.
10    (m) This Section applies only to the counties of Cook,
11DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
12to municipalities located within those counties.
13    (n) The fee for participating in a traffic education
14program under this Section shall not exceed $25.
15    A low-income individual required to complete a traffic
16education program under this Section who provides proof of
17eligibility for the federal earned income tax credit under
18Section 32 of the Internal Revenue Code or the Illinois earned
19income tax credit under Section 212 of the Illinois Income Tax
20Act shall not be required to pay any fee for participating in a
21required traffic education program.
22    (o) A municipality or county shall make a certified report
23to the Secretary of State pursuant to Section 6-306.5 of this
24Code whenever a registered owner of a vehicle has failed to pay
25any fine or penalty due and owing as a result of 5 offenses for
26automated traffic law violations.

 

 

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1    (p) No person who is the lessor of a motor vehicle pursuant
2to a written lease agreement shall be liable for an automated
3traffic law enforcement system violation involving such motor
4vehicle during the period of the lease; provided that upon the
5request of the appropriate authority received within 120 days
6after the violation occurred, the lessor provides within 60
7days after such receipt the name and address of the lessee. The
8drivers license number of a lessee may be subsequently
9individually requested by the appropriate authority if needed
10for enforcement of this Section.
11    Upon the provision of information by the lessor pursuant to
12this subsection, the county or municipality may issue the
13violation to the lessee of the vehicle in the same manner as it
14would issue a violation to a registered owner of a vehicle
15pursuant to this Section, and the lessee may be held liable for
16the violation.
17(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11.)