Illinois General Assembly - Full Text of HB5408
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Full Text of HB5408  103rd General Assembly



HB5408 EnrolledLRB103 35376 MXP 65441 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 1. Short title. This Act may be referred to as the
5O'Hare Driver Safety Act.
6    Section 5. Definitions. As used in this Act:
7    "Authority" means the Illinois Toll Highway Authority.
8    "Automated traffic safety system" means a device with one
9or more motor vehicle sensors to produce a recorded image of a
10motor vehicle that is stopped or standing on the side of a
11highway or roadway in violation of Section 11-1303 of the
12Illinois Vehicle Code.
13    "Recorded images" has the same meaning given to that term
14under Section 11-208.6 of the Illinois Vehicle Code.
15    Section 10. No stopping or standing within one-half mile
16of O'Hare International Airport. Except where permitted, a
17person operating a motor vehicle shall not stop or stand the
18person's vehicle on a shoulder of a highway along traffic
19routes within a one-half mile radius of: (1) the eastern
20entrance to O'Hare International Airport; and (2) the
21intersection of Interstate 90 and Interstate 294.
22    No person who is the lessor of a motor vehicle under a



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1written lease agreement shall be liable for an automated
2traffic safety system violation involving such motor vehicle
3during the period of the lease, unless, upon the request of the
4appropriate authority received within 120 days after the
5violation occurred, the lessor provides within 60 days after
6such receipt the name and address of the lessee.
7    Upon the provision of information by the lessor under this
8Section, the Authority may issue the violation to the lessee
9of the vehicle in the same manner as it would issue a violation
10to a registered owner of a vehicle, and the lessee may be held
11liable for the violation.
12    This Section shall not apply to vehicles that are stopped
13or standing in a restricted area if:
14        (1) a person is yielding to an emergency vehicle;
15        (2) the vehicle malfunctions;
16        (3) a person was directed to stop the person's vehicle
17    by a law enforcement officer;
18        (4) the vehicle was stolen prior to violation and not
19    controlled by the registered owner of the vehicle; or
20        (5) the driver of the vehicle received a Uniform
21    Traffic Citation from a police officer at the time of the
22    violation for the same offense.
23    Section 15. Installation of automated traffic safety
24systems; enforcement. The Authority shall install and maintain
25automated traffic safety systems along traffic routes within a



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1one-half mile radius of: (1) the eastern entrance to O'Hare
2International Airport; and (2) the intersection of Interstate
390 and Interstate 294.
4    A traffic route that is equipped with an automated traffic
5safety system must be posted with signs visible to approaching
6traffic indicating that the route is being monitored by an
7automated traffic safety system and informing drivers that
8stopping or standing is prohibited.
9    Section 20. Recorded image. An automated traffic safety
10system that produces a recorded image of a motor vehicle's
11violation of this Act shall be designed to obtain a clear
12recorded image of the vehicle and the vehicle's license plate.
13The recorded image must also display the time, date, and
14location of the violation.
15    Recorded images made by an automated traffic safety system
16are confidential and shall be made available only (i) to the
17alleged violator and governmental and law enforcement agencies
18for purposes of adjudicating a violation of this Act, for
19statistical purposes, or for other governmental purposes; or
20(ii) in response to a lawful subpoena. However, a recorded
21image evidencing a violation of this Act may be admissible in a
22proceeding resulting from the issuance of a citation.
23    Section 25. Fines; notice. A person who violates this Act
24shall be subject to a $100 fine for each offense. Proceeds from



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1fines shall be deposited into the State Police Law Enforcement
2Administration Fund.
3    For each violation of a provision of this Act recorded by
4an automatic traffic safety system, the Authority shall issue
5a written notice of the violation to the registered owner of
6the vehicle as the alleged violator. The notice shall be
7delivered to the registered owner of the vehicle, by mail,
8within 30 days after the Secretary of State notifies the
9Authority of the identity of the owner of the vehicle, but in
10no event later than 90 days after the violation.
11    The notice shall include:
12        (1) the name and address of the registered owner of
13    the vehicle;
14        (2) the registration number of the motor vehicle
15    involved in the violation;
16        (3) the violation charged;
17        (4) the location where the violation occurred;
18        (5) the date and time of the violation;
19        (6) a copy of the recorded images;
20        (7) the amount of the civil penalty imposed and the
21    requirements of any traffic education program imposed and
22    the date by which the civil penalty should be paid and the
23    traffic education program should be completed;
24        (8) a statement that recorded images are evidence of a
25    violation of stopping or standing in a restricted area;
26        (9) a warning that failure to pay the civil penalty,



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1    to complete a required traffic education program, or to
2    contest liability in a timely manner is an admission of
3    liability;
4        (10) a statement that the person may elect to proceed
5    by:
6            (A) paying the fine, completing a required traffic
7        education program, or both; or
8            (B) challenging the charge in court, by mail, or
9        by administrative hearing; and
10        (11) a website address, accessible through the
11    Internet, where the person may view the recorded images of
12    the violation.
13    Section 30. Rules. The Authority shall adopt rules
14necessary to implement and administer this Act.