Full Text of SB0056 95th General Assembly
SB0056 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0056
Introduced 1/31/2007, by Sen. Terry Link SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/4-213 |
from Ch. 95 1/2, par. 4-213 |
625 ILCS 5/11-402 |
from Ch. 95 1/2, par. 11-402 |
625 ILCS 5/11-404 |
from Ch. 95 1/2, par. 11-404 |
|
Amends the Illinois Vehicle Code. Provides that, if a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes. Provides that, if any peace officer or highway authority official finds a vehicle standing upon a highway in violation of a parking restriction or a disabled vehicle blocking a roadway, he or she may move the vehicle, require its operator to move the vehicle, or provide for its removal by a third party. Provides that the vehicle may be moved to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. Provides that a towing service is not liable for any loss or damages to real or personal property that occurs as a result of the removal or towing of the vehicle.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
SB0056 |
|
LRB095 04316 DRH 24357 b |
|
| 1 |
| AN ACT concerning transportation.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Sections 4-213, 11-402, and 11-404 as follows:
| 6 |
| (625 ILCS 5/4-213) (from Ch. 95 1/2, par. 4-213)
| 7 |
| Sec. 4-213. Liability of law enforcement officers, | 8 |
| agencies, and towing
services.
| 9 |
| (a) A law enforcement officer or agency, a department of | 10 |
| municipal
government designated under Section 4-212.1 or its | 11 |
| officers or
employees, or a towing service owner, operator, or
| 12 |
| employee shall not be held to answer or be liable for damages | 13 |
| in any action
brought by the registered owner, former | 14 |
| registered owner, or his legal
representative, lienholder or | 15 |
| any other person legally entitled to the
possession of a | 16 |
| vehicle when the vehicle was processed and sold or disposed of
| 17 |
| as provided by this Chapter.
| 18 |
| (b) A towing service, and any of its officers or employees, | 19 |
| that
removes or tows a vehicle as a result of being directed to | 20 |
| do so by
a law enforcement officer or agency or a department of | 21 |
| municipal government or
its officers or employees shall not be | 22 |
| held to answer or be liable for injury
to, loss of , or damages | 23 |
| to any real or personal property that occurs in the
course of |
|
|
|
SB0056 |
- 2 - |
LRB095 04316 DRH 24357 b |
|
| 1 |
| the removal or towing of a vehicle or its contents (i) on a | 2 |
| limited
access highway in a designated Incident Management | 3 |
| Program that uses fast lane
clearance techniques as defined by | 4 |
| the Department of Transportation or (ii) at the direction of a | 5 |
| peace officer, a highway authority official, or a | 6 |
| representative of local authorities, under Section 11-402 or | 7 |
| 11-404 of this Code .
| 8 |
| (Source: P.A. 89-433, eff. 12-15-95.)
| 9 |
| (625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
| 10 |
| Sec. 11-402. Motor vehicle accident involving damage to | 11 |
| vehicle. | 12 |
| (a)
The driver of any vehicle involved in a motor vehicle | 13 |
| accident
resulting only in damage to a vehicle which is driven | 14 |
| or attended by any person shall
immediately stop such vehicle | 15 |
| at the scene of such motor vehicle accident
or as close thereto | 16 |
| as possible, but shall forthwith return to and in every event
| 17 |
| shall remain at the scene of such motor vehicle accident until | 18 |
| the
requirements of Section 11-403 have been fulfilled. Every | 19 |
| such stop
shall be made without obstructing traffic
more than | 20 |
| is necessary. If a damaged vehicle is obstructing traffic | 21 |
| lanes, the driver of the vehicle must make every reasonable | 22 |
| effort to move the vehicle or have it moved so as not to block | 23 |
| the traffic lanes.
| 24 |
| Any person failing to comply with this Section shall be | 25 |
| guilty of a Class
A misdemeanor.
|
|
|
|
SB0056 |
- 3 - |
LRB095 04316 DRH 24357 b |
|
| 1 |
| (b) Upon conviction of a violation of this Section, the | 2 |
| court shall make
a finding as to whether the damage to a | 3 |
| vehicle is in excess of $1,000,
and in such case a statement of | 4 |
| this finding shall be reported to the Secretary
of State with | 5 |
| the report of conviction as required by Section 6-204 of this
| 6 |
| Code. Upon receipt of such report of conviction and statement | 7 |
| of finding
that the damage to a vehicle is in excess of $1,000, | 8 |
| the Secretary of State
shall suspend the driver's license or | 9 |
| any nonresident's driving privilege. | 10 |
| (c) If any peace officer or highway authority official | 11 |
| finds (i) a vehicle standing upon a highway or toll highway in | 12 |
| violation of a prohibition, limitation, or restriction on | 13 |
| stopping, standing, or parking imposed under this Code or (ii) | 14 |
| a disabled vehicle that obstructs the roadway of a highway or | 15 |
| toll highway, the peace officer or highway authority official | 16 |
| is authorized to move the vehicle or to require the operator of | 17 |
| the vehicle to move the vehicle to the shoulder of the road, to | 18 |
| a position where parking is permitted, or to public parking or | 19 |
| storage premises. The removal may be performed by, or under the | 20 |
| direction of, the peace officer or highway authority official | 21 |
| or may be contracted for by local authorities. After the | 22 |
| vehicle has been removed, the peace officer or highway | 23 |
| authority official shall follow appropriate procedures, as | 24 |
| provided in Section 4-203 of this Code. | 25 |
| (d) A towing service, its officers, and its employees are | 26 |
| not liable for loss of or damages to any real or personal |
|
|
|
SB0056 |
- 4 - |
LRB095 04316 DRH 24357 b |
|
| 1 |
| property that occurs as the result of the removal or towing of | 2 |
| any vehicle under subsection (c), as provided in subsection (b) | 3 |
| of Section 4-213.
| 4 |
| (Source: P.A. 83-831.)
| 5 |
| (625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
| 6 |
| Sec. 11-404. Duty upon damaging unattended vehicle or other | 7 |
| property. | 8 |
| (a) The driver of any vehicle which collides with or is | 9 |
| involved in a motor
vehicle accident with any vehicle which is | 10 |
| unattended, or other property,
resulting in any damage to such | 11 |
| other vehicle or property shall
immediately stop and shall then | 12 |
| and there either locate and notify the
operator or owner of | 13 |
| such vehicle or other
property of the driver's name, address, | 14 |
| registration
number and owner of the vehicle the driver was | 15 |
| operating or shall
attach securely in a conspicuous place on or | 16 |
| in the vehicle
or other property struck a written notice giving | 17 |
| the driver's
name, address, registration number and owner of | 18 |
| the
vehicle the driver was driving and shall without | 19 |
| unnecessary
delay notify the nearest office of a duly | 20 |
| authorized police authority and
shall make a written report of | 21 |
| such accident when and as required in
Section 11-406. Every | 22 |
| such stop shall be made without
obstructing traffic more than | 23 |
| is necessary. If a damaged vehicle is obstructing traffic | 24 |
| lanes, the driver of the vehicle must make every reasonable | 25 |
| effort to move the vehicle or have it moved so as not to block |
|
|
|
SB0056 |
- 5 - |
LRB095 04316 DRH 24357 b |
|
| 1 |
| the traffic lanes.
| 2 |
| (b) Any person failing to comply with this Section shall be | 3 |
| guilty of a Class
A misdemeanor. | 4 |
| (c) If any peace officer or highway authority official | 5 |
| finds (i) a vehicle standing upon a highway or toll highway in | 6 |
| violation of a prohibition, limitation, or restriction on | 7 |
| stopping, standing, or parking imposed under this Code or (ii) | 8 |
| a disabled vehicle that obstructs the roadway of a highway or | 9 |
| toll highway, the peace officer or highway authority official | 10 |
| is authorized to move the vehicle or to require the operator of | 11 |
| the vehicle to move the vehicle to the shoulder of the road, to | 12 |
| a position where parking is permitted, or to public parking or | 13 |
| storage premises. The removal may be performed by, or under the | 14 |
| direction of, the peace officer or highway authority official | 15 |
| or may be contracted for by local authorities. After the | 16 |
| vehicle has been removed, the peace officer or highway | 17 |
| authority official shall follow appropriate procedures, as | 18 |
| provided in Section 4-203 of this Code.
| 19 |
| (d) A towing service, its officers, and its employees are | 20 |
| not liable for loss of or damages to any real or personal | 21 |
| property that occurs as the result of the removal or towing of | 22 |
| any vehicle under subsection (c), as provided in subsection (b) | 23 |
| of Section 4-213.
| 24 |
| (Source: P.A. 83-831.)
|
|