Illinois General Assembly - Full Text of HB2860
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Full Text of HB2860  97th General Assembly




HB2860 EnrolledLRB097 08365 HEP 48492 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 11-208.6 and 11-306 as follows:
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system on:



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



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1intersection, as defined by Section 1-132 of this Code, during
2the cycle of the red signal indication unless one or more
3pedestrians or bicyclists are present, even if the motor
4vehicle stops at a point past a stop line or crosswalk where a
5driver is required to stop, as specified in subsection (c) of
6Section 11-306 of this Code or a similar provision of a local
8    (c-6) A county, or a municipality with less than 2,000,000
9inhabitants, including a home rule county or municipality, may
10not use an automated traffic law enforcement system to issue
11violations in instances where a motorcyclist enters an
12intersection against a red signal indication when the red
13signal fails to change to a green signal within a reasonable
14period of time because of a signal malfunction or because the
15signal has failed to detect the arrival of the motorcycle due
16to the motorcycle's size or weight.
17    (d) For each violation of a provision of this Code or a
18local ordinance recorded by an automatic traffic law
19enforcement system, the county or municipality having
20jurisdiction shall issue a written notice of the violation to
21the registered owner of the vehicle as the alleged violator.
22The notice shall be delivered to the registered owner of the
23vehicle, by mail, within 30 days after the Secretary of State
24notifies the municipality or county of the identity of the
25owner of the vehicle, but in no event later than 90 days after
26the violation.



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1    The notice shall include:
2        (1) the name and address of the registered owner of the
3    vehicle;
4        (2) the registration number of the motor vehicle
5    involved in the violation;
6        (3) the violation charged;
7        (4) the location where the violation occurred;
8        (5) the date and time of the violation;
9        (6) a copy of the recorded images;
10        (7) the amount of the civil penalty imposed and the
11    requirements of any traffic education program imposed and
12    the date by which the civil penalty should be paid and the
13    traffic education program should be completed;
14        (8) a statement that recorded images are evidence of a
15    violation of a red light signal;
16        (9) a warning that failure to pay the civil penalty, to
17    complete a required traffic education program, or to
18    contest liability in a timely manner is an admission of
19    liability and may result in a suspension of the driving
20    privileges of the registered owner of the vehicle;
21        (10) a statement that the person may elect to proceed
22    by:
23            (A) paying the fine, completing a required traffic
24        education program, or both; or
25            (B) challenging the charge in court, by mail, or by
26        administrative hearing; and



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



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



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1timely manner, if the motor vehicle is recorded by an automated
2traffic law enforcement system. A violation for which a civil
3penalty is imposed under this Section is not a violation of a
4traffic regulation governing the movement of vehicles and may
5not be recorded on the driving record of the owner of the
7    (j-3) A registered owner who is a holder of a valid
8commercial driver's license is not required to complete a
9traffic education program.
10    (j-5) For purposes of the required traffic education
11program only, a registered owner may submit an affidavit to the
12court or hearing officer swearing that at the time of the
13alleged violation, the vehicle was in the custody and control
14of another person. The affidavit must identify the person in
15custody and control of the vehicle, including the person's name
16and current address. The person in custody and control of the
17vehicle at the time of the violation is required to complete
18the required traffic education program. If the person in
19custody and control of the vehicle at the time of the violation
20completes the required traffic education program, the
21registered owner of the vehicle is not required to complete a
22traffic education program.
23    (k) An intersection equipped with an automated traffic law
24enforcement system must be posted with a sign visible to
25approaching traffic indicating that the intersection is being
26monitored by an automated traffic law enforcement system.



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



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1shall be published on the website of the municipality or
2county. If the statistical analysis for the 36 month period
3following installation of the system indicates that there has
4been an increase in the rate of accidents at the approach to
5the intersection monitored by the system, the municipality or
6county shall undertake additional studies to determine the
7cause and severity of the accidents, and may take any action
8that it determines is necessary or appropriate to reduce the
9number or severity of the accidents at that intersection.
10    (l) The compensation paid for an automated traffic law
11enforcement system must be based on the value of the equipment
12or the services provided and may not be based on the number of
13traffic citations issued or the revenue generated by the
15    (m) This Section applies only to the counties of Cook,
16DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
17to municipalities located within those counties.
18    (n) The fee for participating in a traffic education
19program under this Section shall not exceed $25.
20    A low-income individual required to complete a traffic
21education program under this Section who provides proof of
22eligibility for the federal earned income tax credit under
23Section 32 of the Internal Revenue Code or the Illinois earned
24income tax credit under Section 212 of the Illinois Income Tax
25Act shall not be required to pay any fee for participating in a
26required traffic education program.



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1    (o) A municipality or county shall make a certified report
2to the Secretary of State pursuant to Section 6-306.5 of this
3Code whenever a registered owner of a vehicle has failed to pay
4any fine or penalty due and owing as a result of 5 offenses for
5automated traffic law violations.
6(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11.)
7    (625 ILCS 5/11-306)   (from Ch. 95 1/2, par. 11-306)
8    Sec. 11-306. Traffic-control signal legend. Whenever
9traffic is controlled by traffic-control signals exhibiting
10different colored lights or color lighted arrows, successively
11one at a time or in combination, only the colors green, red and
12yellow shall be used, except for special pedestrian signals
13carrying a word legend, and the lights shall indicate and apply
14to drivers of vehicles and pedestrians as follows:
15    (a) Green indication.
16        1. Vehicular traffic facing a circular green signal may
17    proceed straight through or turn right or left unless a
18    sign at such place prohibits either such turn. Vehicular
19    traffic, including vehicles turning right or left, shall
20    yield the right of way to other vehicles and to pedestrians
21    lawfully within the intersection or an adjacent crosswalk
22    at the time such signal is exhibited.
23        2. Vehicular traffic facing a green arrow signal, shown
24    alone or in combination with another indication, may
25    cautiously enter the intersection only to make the movement



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1    indicated by such arrow, or such other movement as is
2    permitted by other indications shown at the same time. Such
3    vehicular traffic shall yield the right of way to
4    pedestrians lawfully within an adjacent crosswalk and to
5    other traffic lawfully using the intersection.
6        3. Unless otherwise directed by a pedestrian-control
7    signal, as provided in Section 11-307, pedestrians facing
8    any green signal, except when the sole green signal is a
9    turn arrow, may proceed across the roadway within any
10    marked or unmarked crosswalk.
11    (b) Steady yellow indication.
12        1. Vehicular traffic facing a steady circular yellow or
13    yellow arrow signal is thereby warned that the related
14    green movement is being terminated or that a red indication
15    will be exhibited immediately thereafter.
16        2. Pedestrians facing a steady circular yellow or
17    yellow arrow signal, unless otherwise directed by a
18    pedestrian-control signal as provided in Section 11-307,
19    are thereby advised that there is insufficient time to
20    cross the roadway before a red indication is shown and no
21    pedestrian shall then start to cross the roadway.
22    (c) Steady red indication.
23        1. Except as provided in paragraphs paragraph 3 and 3.5
24    of this subsection (c), vehicular traffic facing a steady
25    circular red signal alone shall stop at a clearly marked
26    stop line, but if there is no such stop line, before



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1    entering the crosswalk on the near side of the
2    intersection, or if there is no such crosswalk, then before
3    entering the intersection, and shall remain standing until
4    an indication to proceed is shown.
5        2. Except as provided in paragraphs paragraph 3 and 3.5
6    of this subsection (c), vehicular traffic facing a steady
7    red arrow signal shall not enter the intersection to make
8    the movement indicated by the arrow and, unless entering
9    the intersection to make a movement permitted by another
10    signal, shall stop at a clearly marked stop line, but if
11    there is no such stop line, before entering the crosswalk
12    on the near side of the intersection, or if there is no
13    such crosswalk, then before entering the intersection, and
14    shall remain standing until an indication permitting the
15    movement indicated by such red arrow is shown.
16        3. Except when a sign is in place prohibiting a turn
17    and local authorities by ordinance or State authorities by
18    rule or regulation prohibit any such turn, vehicular
19    traffic facing any steady red signal may cautiously enter
20    the intersection to turn right, or to turn left from a
21    one-way street into a one-way street, after stopping as
22    required by paragraph 1 or paragraph 2 of this subsection.
23    After stopping, the driver shall yield the right of way to
24    any vehicle in the intersection or approaching on another
25    roadway so closely as to constitute an immediate hazard
26    during the time such driver is moving across or within the



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1    intersection or junction or roadways. Such driver shall
2    yield the right of way to pedestrians within the
3    intersection or an adjacent crosswalk.
4        3.5. In municipalities with less than 2,000,000
5    inhabitants, after stopping as required by paragraph 1 or 2
6    of this subsection, the driver of a motorcycle or bicycle,
7    facing a steady red signal which fails to change to a green
8    signal within a reasonable period of time because of a
9    signal malfunction or because the signal has failed to
10    detect the arrival of the motorcycle or bicycle due to the
11    vehicle's size or weight, shall have the right to proceed,
12    after yielding the right of way to oncoming traffic facing
13    a green signal, subject to the rules applicable after
14    making a stop at a stop sign as required by Section 11-1204
15    of this Code.
16        4. Unless otherwise directed by a pedestrian-control
17    signal as provided in Section 11-307, pedestrians facing a
18    steady circular red or red arrow signal alone shall not
19    enter the roadway.
20    (d) In the event an official traffic control signal is
21erected and maintained at a place other than an intersection,
22the provisions of this Section shall be applicable except as to
23provisions which by their nature can have no application. Any
24stop required shall be at a traffic sign or a marking on the
25pavement indicating where the stop shall be made or, in the
26absence of such sign or marking, the stop shall be made at the



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2    (e) The motorman of any streetcar shall obey the above
3signals as applicable to vehicles.
4(Source: P.A. 94-795, eff. 5-22-06.)