093_SB1108

 
                                     LRB093 10874 DRH 11372 b

 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 4-203.

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

 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 4-203 as follows:

 7        (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
 8        Sec. 4-203.  Removal of motor vehicles or other vehicles;
 9    Towing or hauling away.
10        (a) When a vehicle is abandoned, or left unattended, on a
11    toll  highway,  interstate highway, or expressway for 2 hours
12    or more, its removal by a towing service may be authorized by
13    a law enforcement agency having jurisdiction.
14        (b)  When a vehicle is abandoned on a highway in an urban
15    district 10 hours or more, its removal by  a  towing  service
16    may   be  authorized  by  a  law  enforcement  agency  having
17    jurisdiction.
18        (c)  When a vehicle is abandoned or left unattended on  a
19    highway  other  than  a  toll highway, interstate highway, or
20    expressway, outside of an urban  district  for  24  hours  or
21    more,  its removal by a towing service may be authorized by a
22    law enforcement agency having jurisdiction.
23        (d)  When an abandoned, unattended,  wrecked,  burned  or
24    partially  dismantled  vehicle  is  creating a traffic hazard
25    because of its position in relation to  the  highway  or  its
26    physical  appearance  is causing the impeding of traffic, its
27    immediate  removal  from  the  highway  or  private  property
28    adjacent to the highway by a towing service may be authorized
29    by a law enforcement agency having jurisdiction.
30        (e)  Whenever a peace officer reasonably believes that  a
31    person under arrest for a violation of Section 11-501 of this
 
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 1    Code  or  a similar provision of a local ordinance is likely,
 2    upon release, to commit a  subsequent  violation  of  Section
 3    11-501,  or  a  similar  provision  of a local ordinance, the
 4    arresting officer shall have the vehicle which the person was
 5    operating at the time of the arrest impounded for a period of
 6    not more than 12 hours after the  time  of  arrest.  However,
 7    such vehicle may be released by the arresting law enforcement
 8    agency prior to the end of the impoundment period if:
 9             (1)  the  vehicle  was not owned by the person under
10        arrest, and the  lawful  owner  requesting  such  release
11        possesses a valid operator's license, proof of ownership,
12        and  would  not,  as  determined  by  the  arresting  law
13        enforcement agency, indicate a lack of ability to operate
14        a motor vehicle in a safe manner, or who would otherwise,
15        by  operating such motor vehicle, be in violation of this
16        Code; or
17             (2)  the  vehicle  is  owned  by  the  person  under
18        arrest, and the person under arrest gives  permission  to
19        another person to operate such vehicle, provided however,
20        that  the  other  person  possesses  a  valid  operator's
21        license and would not, as determined by the arresting law
22        enforcement agency, indicate a lack of ability to operate
23        a  motor vehicle in a safe manner or who would otherwise,
24        by operating such motor vehicle, be in violation of  this
25        Code.
26        (e-5)  Whenever  a registered owner of a vehicle is taken
27    into custody  for  operating  the  vehicle  in  violation  of
28    Section 11-501 of this Code or a similar provision of a local
29    ordinance  or  Section  6-303 of this Code, a law enforcement
30    officer may have the  vehicle  immediately  impounded  for  a
31    period not less than:
32             (1)  24  hours  for  a  second  violation of Section
33        11-501 of this Code or a similar  provision  of  a  local
34        ordinance  or Section 6-303 of this Code or a combination
 
                            -3-      LRB093 10874 DRH 11372 b
 1        of these offenses; or
 2             (2)  48 hours  for  a  third  violation  of  Section
 3        11-501  of  this  Code  or a similar provision of a local
 4        ordinance or Section 6-303 of this Code or a  combination
 5        of these offenses.
 6        The  vehicle  may  be  released  sooner if the vehicle is
 7    owned by the person under arrest and the person under  arrest
 8    gives permission to another person to operate the vehicle and
 9    that  other  person  possesses a valid operator's license and
10    would not, as determined by  the  arresting  law  enforcement
11    agency, indicate a lack of ability to operate a motor vehicle
12    in  a  safe manner or would otherwise, by operating the motor
13    vehicle, be in violation of this Code.
14        (f)  Except as provided in Chapter 18a of this Code,  the
15    owner  or lessor of privately owned real property within this
16    State, or any person authorized by such owner or  lessor,  or
17    any law enforcement agency in the case of publicly owned real
18    property  may  cause  any  motor  vehicle  abandoned  or left
19    unattended  upon  such  property  without  permission  to  be
20    removed by a towing service without liability for  the  costs
21    of  removal,  transportation  or  storage or damage caused by
22    such removal, transportation  or  storage.    The  towing  or
23    removal  of  any  vehicle  from  private property without the
24    consent of the registered owner or other  legally  authorized
25    person  in  control  of  the vehicle is subject to compliance
26    with the following conditions and restrictions:
27             1.  Any towed or removed vehicle must be  stored  at
28        the  site of the towing service's place of business.  The
29        site must be open during  business  hours,  and  for  the
30        purpose  of  redemption of vehicles, during the time that
31        the person or firm towing such vehicle is open for towing
32        purposes.
33             2.  The towing service shall within  30  minutes  of
34        completion  of  such  towing  or  removal, notify the law
 
                            -4-      LRB093 10874 DRH 11372 b
 1        enforcement agency having jurisdiction of such towing  or
 2        removal,  and  the  make,  model, color and license plate
 3        number of the vehicle, and shall obtain  and  record  the
 4        name  of the person at the law enforcement agency to whom
 5        such information was reported.
 6             3.  If the registered owner  or  legally  authorized
 7        person entitled to possession of the vehicle shall arrive
 8        at  the  scene  prior  to actual removal or towing of the
 9        vehicle, the vehicle shall be disconnected from  the  tow
10        truck  and  that  person  shall  be allowed to remove the
11        vehicle without  interference,  upon  the  payment  of  a
12        reasonable  service  fee  of  not  more than one half the
13        posted  rate  of  the  towing  service  as  provided   in
14        paragraph 6 of this subsection, for which a receipt shall
15        be given.
16             4.  The  rebate  or  payment  of  money or any other
17        valuable consideration from the  towing  service  or  its
18        owners,  managers or employees to the owners or operators
19        of the premises from which  the  vehicles  are  towed  or
20        removed,  for  the  privilege of removing or towing those
21        vehicles, is prohibited.   Any  individual  who  violates
22        this paragraph shall be guilty of a Class A misdemeanor.
23             5.  Except for property appurtenant to and obviously
24        a  part  of  a  single  family  residence, and except for
25        instances where notice is personally given to  the  owner
26        or  other  legally  authorized  person  in control of the
27        vehicle that the area in which that vehicle is parked  is
28        reserved   or   otherwise   unavailable  to  unauthorized
29        vehicles and they are subject to  being  removed  at  the
30        owner  or  operator's  expense,  any  property  owner  or
31        lessor,  prior  to  towing  or  removing any vehicle from
32        private property without the  consent  of  the  owner  or
33        other  legally  authorized  person  in  control  of  that
34        vehicle,   must  post  a  notice  meeting  the  following
 
                            -5-      LRB093 10874 DRH 11372 b
 1        requirements:
 2                  a.  The notice must be  prominently  placed  at
 3             each  driveway access or curb cut allowing vehicular
 4             access to the property within 5 feet from the public
 5             right-of-way line.  If there are no curbs or  access
 6             barriers,  the sign must be posted not less than one
 7             sign each 100 feet of lot frontage.
 8                  b.  The notice must: be at least 6 inches by 12
 9             inches in size; indicate clearly, in not less than 2
10             inch high light-reflective, brightly colored letters
11             on  a  contrasting  background,  that   unauthorized
12             vehicles  will be towed away at the owner's expense;
13             and include the words "Tow Zone" in a  bright  color
14             different than the color used for other lettering.
15                  c.  The  notice  must also provide the name and
16             current  telephone  number  of  the  towing  service
17             towing or removing the vehicle.
18                  d.  The sign structure containing the  required
19             notices  must  be  permanently  installed  with  the
20             bottom of the sign not less than 4 feet above ground
21             level,  and  must  be continuously maintained on the
22             property for not less than 24  hours  prior  to  the
23             towing or removing of any vehicle.
24             6.  Any towing service that tows or removes vehicles
25        and proposes to require the owner, operator, or person in
26        control  of  the  vehicle  to pay the costs of towing and
27        storage prior to redemption of the vehicle must file  and
28        keep  on  record  with the local law enforcement agency a
29        complete copy of the current rates to be charged for such
30        services, and post at the storage site an identical  rate
31        schedule  and any written contracts with property owners,
32        lessors,  or  persons  in  control  of   property   which
33        authorize  them  to  remove  vehicles as provided in this
34        Section.
 
                            -6-      LRB093 10874 DRH 11372 b
 1             7.  No  person  shall  engage  in  the  removal   of
 2        vehicles  from  private  property  as  described  in this
 3        Section  without  filing  a  notice  of  intent  in  each
 4        community where he intends to do such removal,  and  such
 5        notice  shall  be filed at least 7 days before commencing
 6        such towing.
 7             8.  No removal of a vehicle  from  private  property
 8        shall be done except upon express written instructions of
 9        the  owners  or persons in charge of the private property
10        upon which the vehicle is said to be trespassing.
11             9.  Vehicle entry for the purpose of  removal  shall
12        be allowed with reasonable care on the part of the person
13        or firm towing the vehicle.  Such person or firm shall be
14        liable  for any damages occasioned to the vehicle if such
15        entry  is  not  in  accordance  with  the  standards   of
16        reasonable care.
17             10.  When  a  vehicle  has  been  towed  or  removed
18        pursuant  to  this  Section,  it  must be released to its
19        owner or custodian within one half hour after  requested,
20        if  such  request  is  made  during  business hours.  Any
21        vehicle owner or custodian or agent shall have the  right
22        to  inspect  the vehicle before accepting its return, and
23        no release or waiver of any kind which would release  the
24        towing service from liability for damages incurred during
25        the  towing  and storage may be required from any vehicle
26        owner or other legally authorized person as  a  condition
27        of  release  of  the vehicle.  A detailed, signed receipt
28        showing the legal name of  the  towing  service  must  be
29        given  to  the person paying towing or storage charges at
30        the time of payment, whether requested or not.
31        This  Section  shall  not  apply  to   law   enforcement,
32    firefighting,  rescue, ambulance, or other emergency vehicles
33    which are  marked  as  such  or  to  property  owned  by  any
34    governmental entity.
 
                            -7-      LRB093 10874 DRH 11372 b
 1        When  an  authorized  person  improperly  causes  a motor
 2    vehicle to be removed, such person shall  be  liable  to  the
 3    owner  or  lessee  of  the  vehicle  for the cost or removal,
 4    transportation and storage, any damages  resulting  from  the
 5    removal, transportation and storage, attorney's fee and court
 6    costs.
 7        Any towing or storage charges accrued shall be payable by
 8    the  use  of  any  major  credit  card,  in addition to being
 9    payable in 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
16    restrictions  of this subsection shall be guilty of a Class C
17    misdemeanor and shall be fined not less than  $100  nor  more
18    than $500.
19        (g)  When  a  vehicle  is  determined  to  be a hazardous
20    dilapidated motor vehicle pursuant to  Section  11-40-3.1  of
21    the Illinois Municipal Code, its removal and impoundment by a
22    towing  service may be authorized by a law enforcement agency
23    with appropriate jurisdiction.
24        When a vehicle removal  from  either  public  or  private
25    property is authorized by a law enforcement agency, the owner
26    of  the  vehicle  shall  be  responsible  for  all towing and
27    storage charges.
28        Vehicles removed from  public  or  private  property  and
29    stored  by a commercial vehicle relocator or any other towing
30    service in compliance with this Section  and  Sections  4-201
31    and  4-202 of this Code, shall be subject to a possessor lien
32    for services pursuant to "An Act concerning liens for  labor,
33    services,  skill  or  materials  furnished  upon  or  storage
34    furnished for chattels", filed July 24, 1941, as amended, and
 
                            -8-      LRB093 10874 DRH 11372 b
 1    the  provisions  of  Section 1 of that Act relating to notice
 2    and implied consent shall be deemed satisfied  by  compliance
 3    with  Section  18a-302 and subsection (6) of Section 18a-300.
 4    In no event shall such lien be greater than the rate or rates
 5    established in accordance  with  subsection  (6)  of  Section
 6    18a-200  of  this  Code.   In  no  event  shall  such lien be
 7    increased or altered to reflect any charge  for  services  or
 8    materials  rendered  in  addition to those authorized by this
 9    Act.  Every such lien shall be payable by use  of  any  major
10    credit card, in addition to being payable in cash.
11    (Source: P.A. 90-738, eff. 1-1-99.)