HB5600 103RD GENERAL ASSEMBLY

LRB103 37165 AWJ 67284 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5600

Introduced 2/9/2024, by Rep. Lawrence "Larry" Walsh, Jr.

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1189 new

Amends the Counties Code. Provides that Will County may adopt an ordinance regulating and imposing a civil penalty on an owner of a vehicle for failure of an operator to comply with gross vehicle weight or axle weight restrictions and that the County may enforce its regulations using an automated vehicle weigh-in-motion enforcement system. Allows a municipality wholly or partially within the County to enter into an intergovernmental agreement with the County to provide automated vehicle weigh-in-motion enforcement systems in the municipal jurisdiction. Includes requirements for automated vehicle weigh-in-motion enforcement systems. Provides requirements for violation notices and for civil penalties for violations.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Counties Code is amended by adding Section 5-1189 as follows:

(55 ILCS 5/5-1189 new)

Sec. 5-1189. Vehicle weight and axle weight restrictions.

(a) This Section applies only to Will County and to municipalities located wholly within or partially within Will County.

(b) As used in this Section:

"Automated vehicle weigh-in-motion enforcement system" means a device with one or more motor vehicle sensors working in conjunction with a permanent roadway scale to produce recorded images of motor vehicles in violation of this Section.

"Recorded images" means images recorded by an automated vehicle weigh-in-motion enforcement system on (i) 2 or more photographs, 2 or more microphotographs, 2 or more electronic images, or a video recording showing the motor vehicle and (ii) at least one image or portion of the recording, clearly identifying the registration plate or digital registration plate number of the motor vehicle.

(c) The County may adopt an ordinance regulating and imposing a civil penalty on an owner of a vehicle for failure of an operator to comply with gross vehicle weight or axle weight restrictions. The County may enforce its regulations using an automated vehicle weigh-in-motion enforcement system.

(d) The County's automated vehicle weigh-in-motion enforcement system that produces a recorded image of a motor vehicle's violation of an ordinance adopted under subsection (a), including a violation in a municipality with an intergovernmental agreement with the County under subsection (k), must make the recorded images of a violation accessible to the alleged violator by providing the alleged violator with a website address accessible through the Internet.

(e) For each violation of an ordinance adopted under subsection (a) recorded by an automated vehicle weigh-in-motion enforcement system, including a violation in a municipality with an intergovernmental agreement with the County under subsection (k), the County or municipality shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the County or municipality of the identity of the owner of the vehicle, but no later than 90 days after the violation. The notice shall include:

(1) the name and address of the registered owner of the vehicle;

(2) the registration number of the motor vehicle involved in the violation;

(3) the violation charged, including the weight limits of the roadway and the weight of the offending vehicle;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the date by which the civil penalty should be paid and the traffic education program should be completed;

(8) a statement that recorded images are evidence of a violation;

(9) a warning that failure to pay the civil penalty, or to contest liability in a timely manner, is an admission of liability;

(10) a statement that the person may elect to proceed by:

(A) paying the fine; or

(B) challenging the charge in court, by mail, or by administrative hearing; and

(11) a website address, accessible through the Internet, where the person may view the recorded images of the violation and the scale readings.

(f) Based on inspection of recorded images produced by an automated vehicle weigh-in-motion enforcement system, a notice alleging that the violation occurred shall be evidence of the facts contained in the notice and admissible in any proceeding alleging a violation under this Section.

(g) Recorded images made by an automated vehicle weigh-in-motion enforcement system are confidential and shall be made available only to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Section, for statistical purposes, or for other governmental purposes, except that a recorded image evidencing a violation of this Section may be admissible in any proceeding resulting from the issuance of the citation.

(h) If a motor vehicle is recorded by an automated vehicle weigh-in-motion enforcement system, the motor vehicle owner is subject to a civil penalty not exceeding $500 plus an additional penalty of not more than $500 for failure to pay the original penalty in a timely manner, except when the driver of the motor vehicle received a Uniform Traffic Citation from a police officer at the time of the violation. The State's Attorney for the County may enforce the civil penalty in the circuit court.

(i) A violation for which a civil penalty is imposed under this Section is not a violation of a traffic regulation governing the movement of vehicles, may not be recorded on the driving record of the owner of the vehicle, and may not be used against the operator in determination of insurance rates or traffic violations in the provision of motor vehicle insurance coverage.

(j) A roadway equipped with an automated vehicle weigh-in-motion enforcement system must be posted with a sign visible to approaching traffic indicating that the roadway is being monitored by an automated vehicle weigh-in-motion enforcement system and the clearly stated weight limits.

(k) An automated vehicle weigh-in-motion enforcement system shall undergo a calibration check every 6 months in accordance with specifications prescribed under a memorandum of agreement between the County's department of transportation and the Illinois Department of Agriculture. The calibration check shall be performed by an independent calibration laboratory that shall issue a signed certificate of calibration on its letterhead to the County.

(l) The County's department of transportation shall establish a range, according to the manufacturer's standards and its monitoring of the system, for evaluating information and data collected from sensor readings of each automated vehicle weigh-in-motion enforcement system. Each automated vehicle weigh-in-motion enforcement system shall be set to automatically alert the County's department of transportation of significant variations from the established range during a 24-hour period. After receiving an alert, the automated vehicle weigh-in-motion enforcement system shall be inspected and any necessary adjustments shall be made. The County's department of transportation shall keep a log of the details of all alerts, including the date and time of each alert, the amount of variation from the established range in each alert, the adjustments made or actions taken as a result of subsequent inspections, and the date and time of the inspections, adjustments, or actions.

(m) The County or municipality that has one or more roadways equipped with an automated vehicle weigh-in-motion enforcement system must also provide notice to drivers by posting the locations of automated traffic law systems on the County's or municipality's website.

(n) With consultation from the Illinois Department of Transportation, the county engineer must decide locations of all automated vehicle weigh-in-motion enforcement systems within the County boundaries. A municipality wholly or partially within the County may enter into an intergovernmental agreement with the County to provide automated vehicle weigh-in-motion enforcement systems in the municipal jurisdiction.

(o) Revenue generated by the automated vehicle weigh-in-motion enforcement system, beyond the costs of installation, maintenance, and enforcement, shall be used by the County or municipality for transportation improvements that will improve traffic flow and reduce emissions. Agreements between the County and a municipality must include an even split of revenue.