| |||||||
| |||||||
| |||||||
1 | AN ACT concerning transportation.
| ||||||
2 | Be it enacted by the People of the State of Illinois,
| ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. If and only if House Bill 2860 of the 97th | ||||||
5 | General Assembly becomes law, the Illinois Vehicle Code is | ||||||
6 | amended by changing Sections 11-208.6 and 11-306 as follows:
| ||||||
7 | (625 ILCS 5/11-208.6)
| ||||||
8 | Sec. 11-208.6. Automated traffic law enforcement system.
| ||||||
9 | (a) As used in this Section, "automated traffic law | ||||||
10 | enforcement
system" means a device with one or more motor | ||||||
11 | vehicle sensors working
in conjunction with a red light signal | ||||||
12 | to produce recorded images of
motor vehicles entering an | ||||||
13 | intersection against a red signal
indication in violation of | ||||||
14 | Section 11-306 of this Code or a similar provision
of a local | ||||||
15 | ordinance.
| ||||||
16 | An
automated traffic law enforcement system is a system, in | ||||||
17 | a municipality or
county operated by a
governmental agency, | ||||||
18 | that
produces a recorded image of a motor vehicle's
violation | ||||||
19 | of a provision of this Code or a local ordinance
and is | ||||||
20 | designed to obtain a clear recorded image of the
vehicle and | ||||||
21 | the vehicle's license plate. The recorded image must also
| ||||||
22 | display the time, date, and location of the violation.
| ||||||
23 | (b) As used in this Section, "recorded images" means images
|
| |||||||
| |||||||
1 | recorded by an automated traffic law enforcement system on:
| ||||||
2 | (1) 2 or more photographs;
| ||||||
3 | (2) 2 or more microphotographs;
| ||||||
4 | (3) 2 or more electronic images; or
| ||||||
5 | (4) a video recording showing the motor vehicle and, on | ||||||
6 | at
least one image or portion of the recording, clearly | ||||||
7 | identifying the
registration plate number of the motor | ||||||
8 | vehicle.
| ||||||
9 | (b-5) A municipality or
county that
produces a recorded | ||||||
10 | image of a motor vehicle's
violation of a provision of this | ||||||
11 | Code or a local ordinance must make the recorded images of a | ||||||
12 | violation accessible to the alleged violator by providing the | ||||||
13 | alleged violator with a website address, accessible through the | ||||||
14 | Internet. | ||||||
15 | (c) A county or municipality, including a home rule county | ||||||
16 | or municipality, may not use an automated traffic law | ||||||
17 | enforcement system to provide recorded images of a motor | ||||||
18 | vehicle for the purpose of recording its speed. The regulation | ||||||
19 | of the use of automated traffic law enforcement systems to | ||||||
20 | record vehicle speeds is an exclusive power and function of the | ||||||
21 | State. This subsection (c) is a denial and limitation of home | ||||||
22 | rule powers and functions under subsection (h) of Section 6 of | ||||||
23 | Article VII of the Illinois Constitution.
| ||||||
24 | (c-5) A county or municipality, including a home rule | ||||||
25 | county or municipality, may not use an automated traffic law | ||||||
26 | enforcement system to issue violations in instances where the |
| |||||||
| |||||||
1 | motor vehicle comes to a complete stop and does not enter the | ||||||
2 | intersection, as defined by Section 1-132 of this Code, during | ||||||
3 | the cycle of the red signal indication unless one or more | ||||||
4 | pedestrians or bicyclists are present, even if the motor | ||||||
5 | vehicle stops at a point past a stop line or crosswalk where a | ||||||
6 | driver is required to stop, as specified in subsection (c) of | ||||||
7 | Section 11-306 of this Code or a similar provision of a local | ||||||
8 | ordinance. | ||||||
9 | (c-6) A county, or a municipality with less than 2,000,000 | ||||||
10 | inhabitants, including a home rule county or municipality, may | ||||||
11 | not use an automated traffic law enforcement system to issue | ||||||
12 | violations in instances where a motorcyclist enters an | ||||||
13 | intersection against a red signal
indication when the red | ||||||
14 | signal fails to change to a green signal within a reasonable | ||||||
15 | period of time not less than 120 seconds because of a signal | ||||||
16 | malfunction or because the signal has failed to detect the | ||||||
17 | arrival of the motorcycle due to the motorcycle's size or | ||||||
18 | weight. | ||||||
19 | (d) For each violation of a provision of this Code or a | ||||||
20 | local ordinance
recorded by an automatic
traffic law | ||||||
21 | enforcement system, the county or municipality having
| ||||||
22 | jurisdiction shall issue a written notice of the
violation to | ||||||
23 | the registered owner of the vehicle as the alleged
violator. | ||||||
24 | The notice shall be delivered to the registered
owner of the | ||||||
25 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
26 | notifies the municipality or county of the identity of the |
| |||||||
| |||||||
1 | owner of the vehicle, but in no event later than 90 days after | ||||||
2 | the violation.
| ||||||
3 | The notice shall include:
| ||||||
4 | (1) the name and address of the registered owner of the
| ||||||
5 | vehicle;
| ||||||
6 | (2) the registration number of the motor vehicle
| ||||||
7 | involved in the violation;
| ||||||
8 | (3) the violation charged;
| ||||||
9 | (4) the location where the violation occurred;
| ||||||
10 | (5) the date and time of the violation;
| ||||||
11 | (6) a copy of the recorded images;
| ||||||
12 | (7) the amount of the civil penalty imposed and the | ||||||
13 | requirements of any traffic education program imposed and | ||||||
14 | the date
by which the civil penalty should be paid and the | ||||||
15 | traffic education program should be completed;
| ||||||
16 | (8) a statement that recorded images are evidence of a
| ||||||
17 | violation of a red light signal;
| ||||||
18 | (9) a warning that failure to pay the civil penalty, to | ||||||
19 | complete a required traffic education program, or to
| ||||||
20 | contest liability in a timely manner is an admission of
| ||||||
21 | liability and may result in a suspension of the driving
| ||||||
22 | privileges of the registered owner of the vehicle;
| ||||||
23 | (10) a statement that the person may elect to proceed | ||||||
24 | by:
| ||||||
25 | (A) paying the fine, completing a required traffic | ||||||
26 | education program, or both; or
|
| |||||||
| |||||||
1 | (B) challenging the charge in court, by mail, or by | ||||||
2 | administrative hearing; and
| ||||||
3 | (11) a website address, accessible through the | ||||||
4 | Internet, where the person may view the recorded images of | ||||||
5 | the violation. | ||||||
6 | (e) If a person
charged with a traffic violation, as a | ||||||
7 | result of an automated traffic law
enforcement system, does not | ||||||
8 | pay the fine or complete a required traffic education program, | ||||||
9 | or both, or successfully contest the civil
penalty resulting | ||||||
10 | from that violation, the Secretary of State shall suspend the
| ||||||
11 | driving privileges of the
registered owner of the vehicle under | ||||||
12 | Section 6-306.5 of this Code for failing
to complete a required | ||||||
13 | traffic education program or to pay any fine or penalty
due and | ||||||
14 | owing, or both, as a result of 5 violations of the automated | ||||||
15 | traffic law
enforcement system.
| ||||||
16 | (f) Based on inspection of recorded images produced by an
| ||||||
17 | automated traffic law enforcement system, a notice alleging | ||||||
18 | that the violation occurred shall be evidence of the facts | ||||||
19 | contained
in the notice and admissible in any proceeding | ||||||
20 | alleging a
violation under this Section.
| ||||||
21 | (g) Recorded images made by an automatic traffic law
| ||||||
22 | enforcement system are confidential and shall be made
available | ||||||
23 | only to the alleged violator and governmental and
law | ||||||
24 | enforcement agencies for purposes of adjudicating a
violation | ||||||
25 | of this Section, for statistical purposes, or for other | ||||||
26 | governmental purposes. Any recorded image evidencing a
|
| |||||||
| |||||||
1 | violation of this Section, however, may be admissible in
any | ||||||
2 | proceeding resulting from the issuance of the citation.
| ||||||
3 | (h) The court or hearing officer may consider in defense of | ||||||
4 | a violation:
| ||||||
5 | (1) that the motor vehicle or registration plates of | ||||||
6 | the motor
vehicle were stolen before the violation occurred | ||||||
7 | and not
under the control of or in the possession of the | ||||||
8 | owner at
the time of the violation;
| ||||||
9 | (2) that the driver of the vehicle passed through the
| ||||||
10 | intersection when the light was red either (i) in order to
| ||||||
11 | yield the right-of-way to an emergency vehicle or (ii) as
| ||||||
12 | part of a funeral procession; and
| ||||||
13 | (3) any other evidence or issues provided by municipal | ||||||
14 | or county ordinance.
| ||||||
15 | (i) To demonstrate that the motor vehicle or the | ||||||
16 | registration
plates were stolen before the violation occurred | ||||||
17 | and were not under the
control or possession of the owner at | ||||||
18 | the time of the violation, the
owner must submit proof that a | ||||||
19 | report concerning the stolen
motor vehicle or registration | ||||||
20 | plates was filed with a law enforcement agency in a timely | ||||||
21 | manner.
| ||||||
22 | (j) Unless the driver of the motor vehicle received a | ||||||
23 | Uniform
Traffic Citation from a police officer at the time of | ||||||
24 | the violation,
the motor vehicle owner is subject to a civil | ||||||
25 | penalty not exceeding
$100 or the completion of a traffic | ||||||
26 | education program, or both, plus an additional penalty of not |
| |||||||
| |||||||
1 | more than $100 for failure to pay the original penalty or to | ||||||
2 | complete a required traffic education program, or both, in a | ||||||
3 | timely manner, if the motor vehicle is recorded by an automated | ||||||
4 | traffic law
enforcement system. A violation for which a civil | ||||||
5 | penalty is imposed
under this Section is not a violation of a | ||||||
6 | traffic regulation governing
the movement of vehicles and may | ||||||
7 | not be recorded on the driving record
of the owner of the | ||||||
8 | vehicle.
| ||||||
9 | (j-3) A registered owner who is a holder of a valid | ||||||
10 | commercial driver's license is not required to complete a | ||||||
11 | traffic education program. | ||||||
12 | (j-5) For purposes of the required traffic education | ||||||
13 | program only, a registered owner may submit an affidavit to the | ||||||
14 | court or hearing officer swearing that at the time of the | ||||||
15 | alleged violation, the vehicle was in the custody and control | ||||||
16 | of another person. The affidavit must identify the person in | ||||||
17 | custody and control of the vehicle, including the person's name | ||||||
18 | and current address. The person in custody and control of the | ||||||
19 | vehicle at the time of the violation is required to complete | ||||||
20 | the required traffic education program. If the person in | ||||||
21 | custody and control of the vehicle at the time of the violation | ||||||
22 | completes the required traffic education program, the | ||||||
23 | registered owner of the vehicle is not required to complete a | ||||||
24 | traffic education program. | ||||||
25 | (k) An intersection equipped with an automated traffic law
| ||||||
26 | enforcement system must be posted with a sign visible to |
| |||||||
| |||||||
1 | approaching traffic
indicating that the intersection is being | ||||||
2 | monitored by an automated
traffic law enforcement system. | ||||||
3 | (k-3) A municipality or
county that has one or more | ||||||
4 | intersections equipped with an automated traffic law
| ||||||
5 | enforcement system must provide notice to drivers by posting | ||||||
6 | the locations of automated traffic law systems on the | ||||||
7 | municipality or county website.
| ||||||
8 | (k-5) An intersection equipped with an automated traffic | ||||||
9 | law
enforcement system must have a yellow change interval that | ||||||
10 | conforms with the Illinois Manual on Uniform Traffic Control | ||||||
11 | Devices (IMUTCD) published by the Illinois Department of | ||||||
12 | Transportation. | ||||||
13 | (k-7) A municipality or county operating an automated | ||||||
14 | traffic law enforcement system shall conduct a statistical | ||||||
15 | analysis to assess the safety impact of each automated traffic | ||||||
16 | law enforcement system at an intersection following | ||||||
17 | installation of the system. The statistical analysis shall be | ||||||
18 | based upon the best available crash, traffic, and other data, | ||||||
19 | and shall cover a period of time before and after installation | ||||||
20 | of the system sufficient to provide a statistically valid | ||||||
21 | comparison of safety impact. The statistical analysis shall be | ||||||
22 | consistent with professional judgment and acceptable industry | ||||||
23 | practice. The statistical analysis also shall be consistent | ||||||
24 | with the data required for valid comparisons of before and | ||||||
25 | after conditions and shall be conducted within a reasonable | ||||||
26 | period following the installation of the automated traffic law |
| |||||||
| |||||||
1 | enforcement system. The statistical analysis required by this | ||||||
2 | subsection (k-7) shall be made available to the public and | ||||||
3 | shall be published on the website of the municipality or | ||||||
4 | county. If the statistical analysis for the 36 month period | ||||||
5 | following installation of the system indicates that there has | ||||||
6 | been an increase in the rate of accidents at the approach to | ||||||
7 | the intersection monitored by the system, the municipality or | ||||||
8 | county shall undertake additional studies to determine the | ||||||
9 | cause and severity of the accidents, and may take any action | ||||||
10 | that it determines is necessary or appropriate to reduce the | ||||||
11 | number or severity of the accidents at that intersection. | ||||||
12 | (l) The compensation paid for an automated traffic law | ||||||
13 | enforcement system
must be based on the value of the equipment | ||||||
14 | or the services provided and may
not be based on the number of | ||||||
15 | traffic citations issued or the revenue generated
by the | ||||||
16 | system.
| ||||||
17 | (m) This Section applies only to the counties of Cook, | ||||||
18 | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||||||
19 | to municipalities located within those counties.
| ||||||
20 | (n) The fee for participating in a traffic education | ||||||
21 | program under this Section shall not exceed $25. | ||||||
22 | A low-income individual required to complete a traffic | ||||||
23 | education program under this Section who provides proof of | ||||||
24 | eligibility for the federal earned income tax credit under | ||||||
25 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
26 | income tax credit under Section 212 of the Illinois Income Tax |
| |||||||
| |||||||
1 | Act shall not be required to pay any fee for participating in a | ||||||
2 | required traffic education program. | ||||||
3 | (o) A municipality or county shall make a certified report | ||||||
4 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
5 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
6 | any
fine or penalty due and owing as a result of 5 offenses for | ||||||
7 | automated traffic
law violations. | ||||||
8 | (Source: 09700HB2860enr.)
| ||||||
9 | (625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
| ||||||
10 | Sec. 11-306. Traffic-control signal legend. Whenever | ||||||
11 | traffic is controlled
by traffic-control signals exhibiting | ||||||
12 | different colored lights or color
lighted arrows, successively | ||||||
13 | one at a time or in combination, only the
colors green, red and | ||||||
14 | yellow shall be used, except for special pedestrian
signals | ||||||
15 | carrying a word legend, and the lights shall indicate and apply | ||||||
16 | to
drivers of vehicles and pedestrians as follows:
| ||||||
17 | (a) Green indication.
| ||||||
18 | 1. Vehicular traffic facing a circular green signal may
| ||||||
19 | proceed
straight through or turn right or left unless a | ||||||
20 | sign at such place
prohibits either such turn. Vehicular | ||||||
21 | traffic, including vehicles turning
right or left, shall | ||||||
22 | yield the right of way to other vehicles and to
pedestrians | ||||||
23 | lawfully within the intersection or an adjacent crosswalk | ||||||
24 | at
the time such signal is exhibited.
| ||||||
25 | 2. Vehicular traffic facing a green arrow signal, shown |
| |||||||
| |||||||
1 | alone or in
combination with another indication, may | ||||||
2 | cautiously enter the intersection
only to make the movement | ||||||
3 | indicated by such arrow, or such other movement
as is | ||||||
4 | permitted by other indications shown at the same time. Such
| ||||||
5 | vehicular traffic shall yield the right of way to | ||||||
6 | pedestrians lawfully
within an adjacent crosswalk and to | ||||||
7 | other traffic lawfully using the
intersection.
| ||||||
8 | 3. Unless otherwise directed by a pedestrian-control | ||||||
9 | signal, as provided
in Section 11-307, pedestrians facing | ||||||
10 | any green signal, except when the
sole green signal is a | ||||||
11 | turn arrow, may proceed across the roadway within
any | ||||||
12 | marked or unmarked crosswalk.
| ||||||
13 | (b) Steady yellow indication.
| ||||||
14 | 1. Vehicular traffic facing a steady circular yellow or | ||||||
15 | yellow arrow
signal is thereby warned that the related | ||||||
16 | green movement is being
terminated or that a red indication | ||||||
17 | will be exhibited immediately thereafter.
| ||||||
18 | 2. Pedestrians facing a steady circular yellow or | ||||||
19 | yellow arrow signal,
unless otherwise directed by a | ||||||
20 | pedestrian-control signal as provided in
Section 11-307, | ||||||
21 | are thereby advised that there is insufficient time to
| ||||||
22 | cross the roadway before a red indication is shown and no | ||||||
23 | pedestrian shall
then start to cross the roadway.
| ||||||
24 | (c) Steady red indication.
| ||||||
25 | 1. Except as provided in paragraphs 3 and 3.5 of this | ||||||
26 | subsection (c),
vehicular traffic facing a steady circular |
| |||||||
| |||||||
1 | red signal alone shall stop at a
clearly marked stop line, | ||||||
2 | but if there is no such stop line, before
entering the | ||||||
3 | crosswalk on the near side of the intersection, or if there | ||||||
4 | is
no such crosswalk, then before entering the | ||||||
5 | intersection, and shall remain
standing until an | ||||||
6 | indication to proceed is shown.
| ||||||
7 | 2. Except as provided in paragraphs 3 and 3.5 of this | ||||||
8 | subsection (c),
vehicular traffic facing a steady red arrow | ||||||
9 | signal shall not enter the
intersection to make the | ||||||
10 | movement indicated by the arrow and, unless
entering the | ||||||
11 | intersection to make a movement permitted by another | ||||||
12 | signal,
shall stop at a clearly marked stop line, but if | ||||||
13 | there is no such stop line,
before entering the crosswalk | ||||||
14 | on the near side of the intersection, or if
there is no | ||||||
15 | such crosswalk, then before entering the intersection, and
| ||||||
16 | shall remain standing until an indication permitting the | ||||||
17 | movement indicated
by such red arrow is shown.
| ||||||
18 | 3. Except when a sign is in place prohibiting a turn | ||||||
19 | and local
authorities by ordinance or State authorities by | ||||||
20 | rule or regulation
prohibit any such turn, vehicular | ||||||
21 | traffic facing any steady red signal may
cautiously enter | ||||||
22 | the intersection to turn right, or to turn left from a
| ||||||
23 | one-way street into a one-way street, after stopping as | ||||||
24 | required by
paragraph 1 or paragraph 2 of this subsection.
| ||||||
25 | After
stopping, the driver shall yield the right of way to | ||||||
26 | any vehicle in the
intersection or approaching on another |
| |||||||
| |||||||
1 | roadway so closely as to constitute
an immediate hazard | ||||||
2 | during the time such driver is moving across or within
the | ||||||
3 | intersection or junction or roadways. Such driver shall | ||||||
4 | yield the
right of way to pedestrians within the | ||||||
5 | intersection or an adjacent crosswalk.
| ||||||
6 | 3.5. In municipalities with less than 2,000,000 | ||||||
7 | inhabitants, after stopping as required by paragraph 1 or 2 | ||||||
8 | of this subsection, the driver of a motorcycle or bicycle, | ||||||
9 | facing a steady red signal which fails to change to a green | ||||||
10 | signal within a reasonable period of time not less than 120 | ||||||
11 | seconds because of a signal malfunction or because the | ||||||
12 | signal has failed to detect the arrival of the motorcycle | ||||||
13 | or bicycle due to the vehicle's size or weight, shall have | ||||||
14 | the right to proceed, after yielding the right of way to | ||||||
15 | oncoming traffic facing a green signal, subject to the | ||||||
16 | rules applicable after making a stop at a stop sign as | ||||||
17 | required by Section 11-1204 of this Code.
| ||||||
18 | 4. Unless otherwise directed by a pedestrian-control | ||||||
19 | signal as provided
in Section 11-307, pedestrians facing a | ||||||
20 | steady circular red or red arrow
signal alone shall not | ||||||
21 | enter the roadway.
| ||||||
22 | (d) In the event an official traffic control signal is
| ||||||
23 | erected and maintained
at a place other than an intersection, | ||||||
24 | the provisions of this Section shall
be applicable except as to | ||||||
25 | provisions which by their nature can have no
application. Any | ||||||
26 | stop required shall be at a traffic sign or a marking
on the |
| |||||||
| |||||||
1 | pavement indicating where the stop shall be made or, in the | ||||||
2 | absence
of such sign or marking, the stop shall be made at the | ||||||
3 | signal.
| ||||||
4 | (e) The motorman of any streetcar shall obey the above | ||||||
5 | signals as applicable
to vehicles.
| ||||||
6 | (Source: 09700HB2860enr.)
| ||||||
7 | Section 99. Effective date. This Act takes effect upon | ||||||
8 | becoming law. |