Illinois General Assembly - Full Text of HB4392
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Full Text of HB4392  98th General Assembly

HB4392 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4392

 

Introduced , by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-203  from Ch. 95 1/2, par. 4-203

    Amends the Illinois Vehicle Code. Prohibits a towing service from performing a removal of a commercial motor vehicle under that vehicle's own power without the authorization of a law enforcement officer. Effective July 1, 2015.


LRB098 18826 MLW 53971 b

 

 

A BILL FOR

 

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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
5Section 4-203 as follows:
 
6    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
7    Sec. 4-203. Removal of motor vehicles or other vehicles;
8Towing or hauling away.
9    (a) When a vehicle is abandoned, or left unattended, on a
10toll highway, interstate highway, or expressway for 2 hours or
11more, its removal by a towing service may be authorized by a
12law enforcement agency having jurisdiction.
13    (b) When a vehicle is abandoned on a highway in an urban
14district 10 hours or more, its removal by a towing service may
15be authorized by a law enforcement agency having jurisdiction.
16    (c) When a vehicle is abandoned or left unattended on a
17highway other than a toll highway, interstate highway, or
18expressway, outside of an urban district for 24 hours or more,
19its removal by a towing service may be authorized by a law
20enforcement agency having jurisdiction.
21    (d) When an abandoned, unattended, wrecked, burned or
22partially dismantled vehicle is creating a traffic hazard
23because of its position in relation to the highway or its

 

 

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1physical appearance is causing the impeding of traffic, its
2immediate removal from the highway or private property adjacent
3to the highway by a towing service may be authorized by a law
4enforcement agency having jurisdiction.
5    (e) Whenever a peace officer reasonably believes that a
6person under arrest for a violation of Section 11-501 of this
7Code or a similar provision of a local ordinance is likely,
8upon release, to commit a subsequent violation of Section
911-501, or a similar provision of a local ordinance, the
10arresting officer shall have the vehicle which the person was
11operating at the time of the arrest impounded for a period of
12not more than 12 hours after the time of arrest. However, such
13vehicle may be released by the arresting law enforcement agency
14prior to the 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 a
20    motor vehicle in a safe manner, or who would otherwise, by
21    operating such motor vehicle, be in violation of this Code;
22    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 would

 

 

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1    not, as determined by the arresting law enforcement agency,
2    indicate a lack of ability to operate a motor vehicle in a
3    safe manner or who would otherwise, by operating such motor
4    vehicle, be in violation of this Code.
5    (e-5) Whenever a registered owner of a vehicle is taken
6into custody for operating the vehicle in violation of Section
711-501 of this Code or a similar provision of a local ordinance
8or Section 6-303 of this Code, a law enforcement officer may
9have the vehicle immediately impounded for a period not less
10than:
11        (1) 24 hours for a second violation of Section 11-501
12    of this Code or a similar provision of a local ordinance or
13    Section 6-303 of this Code or a combination of these
14    offenses; or
15        (2) 48 hours for a third violation of Section 11-501 of
16    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.
19    The vehicle may be released sooner if the vehicle is owned
20by the person under arrest and the person under arrest gives
21permission to another person to operate the vehicle and that
22other person possesses a valid operator's license and would
23not, as determined by the arresting law enforcement agency,
24indicate a lack of ability to operate a motor vehicle in a safe
25manner or would otherwise, by operating the motor vehicle, be
26in violation of this Code.

 

 

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1    (f) Except as provided in Chapter 18a of this Code, the
2owner or lessor of privately owned real property within this
3State, or any person authorized by such owner or lessor, or any
4law enforcement agency in the case of publicly owned real
5property may cause any motor vehicle abandoned or left
6unattended upon such property without permission to be removed
7by a towing service without liability for the costs of removal,
8transportation or storage or damage caused by such removal,
9transportation or storage. The towing or removal of any vehicle
10from private property without the consent of the registered
11owner or other legally authorized person in control of the
12vehicle is subject to compliance with the following conditions
13and restrictions:
14        1. Any towed or removed vehicle must be stored at the
15    site of the towing service's place of business. The site
16    must be open during business hours, and for the purpose of
17    redemption of vehicles, during the time that the person or
18    firm towing such vehicle is open for towing purposes.
19        2. The towing service shall within 30 minutes of
20    completion of such towing or removal, notify the law
21    enforcement agency having jurisdiction of such towing or
22    removal, and the make, model, color and license plate
23    number of the vehicle, and shall obtain and record the name
24    of the person at the law enforcement agency to whom such
25    information was reported.
26        3. If the registered owner or legally authorized person

 

 

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1    entitled to possession of the vehicle shall arrive at the
2    scene prior to actual removal or towing of the vehicle, the
3    vehicle shall be disconnected from the tow truck and that
4    person shall be allowed to remove the vehicle without
5    interference, upon the payment of a reasonable service fee
6    of not more than one half the posted rate of the towing
7    service as provided in paragraph 6 of this subsection, for
8    which a receipt shall be given.
9        4. The rebate or payment of money or any other valuable
10    consideration from the towing service or its owners,
11    managers or employees to the owners or operators of the
12    premises from which the vehicles are towed or removed, for
13    the privilege of removing or towing those vehicles, is
14    prohibited. Any individual who violates this paragraph
15    shall be guilty of a Class A misdemeanor.
16        5. Except for property appurtenant to and obviously a
17    part of a single family residence, and except for instances
18    where notice is personally given to the owner or other
19    legally authorized person in control of the vehicle that
20    the area in which that vehicle is parked is reserved or
21    otherwise unavailable to unauthorized vehicles and they
22    are subject to being removed at the owner or operator's
23    expense, any property owner or lessor, prior to towing or
24    removing any vehicle from private property without the
25    consent of the owner or other legally authorized person in
26    control of that vehicle, must post a notice meeting the

 

 

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1    following requirements:
2            a. Except as otherwise provided in subparagraph
3        a.1 of this subdivision (f)5, the notice must be
4        prominently placed at each driveway access or curb cut
5        allowing vehicular access to the property within 5 feet
6        from the public right-of-way line. If there are no
7        curbs or access barriers, the sign must be posted not
8        less than one sign each 100 feet of lot frontage.
9            a.1. In a municipality with a population of less
10        than 250,000, as an alternative to the requirement of
11        subparagraph a of this subdivision (f)5, the notice for
12        a parking lot contained within property used solely for
13        a 2-family, 3-family, or 4-family residence may be
14        prominently placed at the perimeter of the parking lot,
15        in a position where the notice is visible to the
16        occupants of vehicles entering the lot.
17            b. The notice must indicate clearly, in not less
18        than 2 inch high light-reflective letters on a
19        contrasting background, that unauthorized vehicles
20        will be towed away at the owner's expense.
21            c. The notice must also provide the name and
22        current telephone number of the towing service towing
23        or removing the vehicle.
24            d. The sign structure containing the required
25        notices must be permanently installed with the bottom
26        of the sign not less than 4 feet above ground level,

 

 

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1        and must be continuously maintained on the property for
2        not less than 24 hours prior to the towing or removing
3        of any vehicle.
4        6. Any towing service that tows or removes vehicles and
5    proposes to require the owner, operator, or person in
6    control of the vehicle to pay the costs of towing and
7    storage prior to redemption of the vehicle must file and
8    keep on record with the local law enforcement agency a
9    complete copy of the current rates to be charged for such
10    services, and post at the storage site an identical rate
11    schedule and any written contracts with property owners,
12    lessors, or persons in control of property which authorize
13    them to remove vehicles as provided in this Section. The
14    towing and storage charges, however, shall not exceed the
15    maximum allowed by the Illinois Commerce Commission under
16    Section 18a-200.
17        7. No person shall engage in the removal of vehicles
18    from private property as described in this Section without
19    filing a notice of intent in each community where he
20    intends to do such removal, and such notice shall be filed
21    at least 7 days before commencing such towing.
22        8. No removal of a vehicle from private property shall
23    be done except upon express written instructions of the
24    owners or persons in charge of the private property upon
25    which the vehicle is said to be trespassing.
26        9. Vehicle entry for the purpose of removal shall be

 

 

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1    allowed with reasonable care on the part of the person or
2    firm towing the vehicle. Such person or firm shall be
3    liable for any damages occasioned to the vehicle if such
4    entry is not in accordance with the standards of reasonable
5    care.
6        9.5. Except as authorized by a law enforcement officer,
7    no towing service shall engage in the removal of a
8    commercial motor vehicle by operating the vehicle under its
9    own power on a highway.
10        10. When a vehicle has been towed or removed pursuant
11    to this Section, it must be released to its owner or
12    custodian within one half hour after requested, if such
13    request is made during business hours. Any vehicle owner or
14    custodian or agent shall have the right to inspect the
15    vehicle before accepting its return, and no release or
16    waiver of any kind which would release the towing service
17    from liability for damages incurred during the towing and
18    storage may be required from any vehicle owner or other
19    legally authorized person as a condition of release of the
20    vehicle. A detailed, signed receipt showing the legal name
21    of the towing service must be given to the person paying
22    towing or storage charges at the time of payment, whether
23    requested or not.
24    This Section shall not apply to law enforcement,
25firefighting, rescue, ambulance, or other emergency vehicles
26which are marked as such or to property owned by any

 

 

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1governmental entity.
2    When an authorized person improperly causes a motor vehicle
3to be removed, such person shall be liable to the owner or
4lessee of the vehicle for the cost or removal, transportation
5and storage, any damages resulting from the removal,
6transportation and storage, attorney's fee and court costs.
7    Any towing or storage charges accrued shall be payable by
8the use of any major credit card, in addition to being payable
9in cash.
10        11. Towing companies shall also provide insurance
11    coverage for areas where vehicles towed under the
12    provisions of this Chapter will be impounded or otherwise
13    stored, and shall adequately cover loss by fire, theft or
14    other risks.
15    Any person who fails to comply with the conditions and
16restrictions of this subsection shall be guilty of a Class C
17misdemeanor and shall be fined not less than $100 nor more than
18$500.
19    (g)(1) When a vehicle is determined to be a hazardous
20dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
21Illinois Municipal Code or Section 5-12002.1 of the Counties
22Code, its removal and impoundment by a towing service may be
23authorized by a law enforcement agency with appropriate
24jurisdiction.
25    (2) When a vehicle removal from either public or private
26property is authorized by a law enforcement agency, the owner

 

 

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1of the vehicle shall be responsible for all towing and storage
2charges.
3    (3) Vehicles removed from public or private property and
4stored by a commercial vehicle relocator or any other towing
5service authorized by a law enforcement agency in compliance
6with this Section and Sections 4-201 and 4-202 of this Code, or
7at the request of the vehicle owner or operator, shall be
8subject to a possessor lien for services pursuant to the Labor
9and Storage Lien (Small Amount) Act. The provisions of Section
101 of that Act relating to notice and implied consent shall be
11deemed satisfied by compliance with Section 18a-302 and
12subsection (6) of Section 18a-300. In no event shall such lien
13be greater than the rate or rates established in accordance
14with subsection (6) of Section 18a-200 of this Code. In no
15event shall such lien be increased or altered to reflect any
16charge for services or materials rendered in addition to those
17authorized by this Act. Every such lien shall be payable by use
18of any major credit card, in addition to being payable in cash.
19    (4) Any personal property belonging to the vehicle owner in
20a vehicle subject to a lien under this subsection (g) shall
21likewise be subject to that lien, excepting only: child
22restraint systems as defined in Section 4 of the Child
23Passenger Protection Act and other child booster seats;
24eyeglasses; food; medicine; perishable property; any
25operator's licenses; any cash, credit cards, or checks or
26checkbooks; any wallet, purse, or other property containing any

 

 

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1operator's license or other identifying documents or
2materials, cash, credit cards, checks, or checkbooks; and any
3personal property belonging to a person other than the vehicle
4owner if that person provides adequate proof that the personal
5property belongs to that person. The spouse, child, mother,
6father, brother, or sister of the vehicle owner may claim
7personal property excepted under this paragraph (4) if the
8person claiming the personal property provides the commercial
9vehicle relocator or towing service with the authorization of
10the vehicle owner.
11    (5) This paragraph (5) applies only in the case of a
12vehicle that is towed as a result of being involved in an
13accident. In addition to the personal property excepted under
14paragraph (4), all other personal property in a vehicle subject
15to a lien under this subsection (g) is exempt from that lien
16and may be claimed by the vehicle owner if the vehicle owner
17provides the commercial vehicle relocator or towing service
18with proof that the vehicle owner has an insurance policy
19covering towing and storage fees. The spouse, child, mother,
20father, brother, or sister of the vehicle owner may claim
21personal property in a vehicle subject to a lien under this
22subsection (g) if the person claiming the personal property
23provides the commercial vehicle relocator or towing service
24with the authorization of the vehicle owner and proof that the
25vehicle owner has an insurance policy covering towing and
26storage fees. The regulation of liens on personal property and

 

 

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1exceptions to those liens in the case of vehicles towed as a
2result of being involved in an accident are exclusive powers
3and functions of the State. A home rule unit may not regulate
4liens on personal property and exceptions to those liens in the
5case of vehicles towed as a result of being involved in an
6accident. This paragraph (5) is a denial and limitation of home
7rule powers and functions under subsection (h) of Section 6 of
8Article VII of the Illinois Constitution.
9    (6) No lien under this subsection (g) shall: exceed $2,000
10in its total amount; or be increased or altered to reflect any
11charge for services or materials rendered in addition to those
12authorized by this Act.
13    (h) Whenever a peace officer issues a citation to a driver
14for a violation of subsection (a) of Section 11-506 of this
15Code, the arresting officer may have the vehicle which the
16person was operating at the time of the arrest impounded for a
17period of 5 days after the time of arrest. An impounding agency
18shall release a motor vehicle impounded under this subsection
19(h) to the registered owner of the vehicle under any of the
20following circumstances:
21        (1) If the vehicle is a stolen vehicle; or
22        (2) If the person ticketed for a violation of
23    subsection (a) of Section 11-506 of this Code was not
24    authorized by the registered owner of the vehicle to
25    operate the vehicle at the time of the violation; or
26        (3) If the registered owner of the vehicle was neither

 

 

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1    the driver nor a passenger in the vehicle at the time of
2    the violation or was unaware that the driver was using the
3    vehicle to engage in street racing; or
4        (4) If the legal owner or registered owner of the
5    vehicle is a rental car agency; or
6        (5) If, prior to the expiration of the impoundment
7    period specified above, the citation is dismissed or the
8    defendant is found not guilty of the offense.
9(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
1097-779, eff. 7-13-12.)
 
11    Section 99. Effective date. This Act takes effect July 1,
122015.