Full Text of HB1593 97th General Assembly
HB1593enr 97TH GENERAL ASSEMBLY |
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| 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 11-208, 11-208.3, and 11-208.6 as follows:
| 6 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 7 | | Sec. 11-208. Powers of local authorities.
| 8 | | (a) The provisions of this Code shall not be deemed to | 9 | | prevent
local authorities with respect to streets and highways | 10 | | under their
jurisdiction and within the reasonable exercise of | 11 | | the police power from:
| 12 | | 1. Regulating the standing or parking of vehicles, | 13 | | except as
limited by Sections 11-1306 and 11-1307 of this | 14 | | Act;
| 15 | | 2. Regulating traffic by means of police officers or | 16 | | traffic control
signals;
| 17 | | 3. Regulating or prohibiting processions or | 18 | | assemblages on the highways;
| 19 | | 4. Designating particular highways as one-way highways | 20 | | and requiring that
all vehicles thereon be moved in one | 21 | | specific direction;
| 22 | | 5. Regulating the speed of vehicles in public parks | 23 | | subject to the
limitations set forth in Section 11-604;
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| 1 | | 6. Designating any highway as a through highway, as | 2 | | authorized in Section
11-302, and requiring that all | 3 | | vehicles stop before entering or crossing
the same or | 4 | | designating any intersection as a stop intersection or a | 5 | | yield
right-of-way intersection and requiring all vehicles | 6 | | to stop or yield the
right-of-way at one or more entrances | 7 | | to such intersections;
| 8 | | 7. Restricting the use of highways as authorized in | 9 | | Chapter 15;
| 10 | | 8. Regulating the operation of bicycles and requiring | 11 | | the
registration and licensing of same, including the | 12 | | requirement of a
registration fee;
| 13 | | 9. Regulating or prohibiting the turning of vehicles or | 14 | | specified
types of vehicles at intersections;
| 15 | | 10. Altering the speed limits as authorized in Section | 16 | | 11-604;
| 17 | | 11. Prohibiting U-turns;
| 18 | | 12. Prohibiting pedestrian crossings at other than | 19 | | designated and marked
crosswalks or at intersections;
| 20 | | 13. Prohibiting parking during snow removal operation;
| 21 | | 14. Imposing fines in accordance with Section | 22 | | 11-1301.3 as penalties
for use of any parking place | 23 | | reserved for persons with disabilities, as defined
by | 24 | | Section 1-159.1, or disabled veterans by any person using a | 25 | | motor
vehicle not bearing registration plates specified in | 26 | | Section 11-1301.1
or a special decal or device as defined |
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| 1 | | in Section 11-1301.2
as evidence that the vehicle is | 2 | | operated by or for a person
with disabilities or disabled | 3 | | veteran;
| 4 | | 15. Adopting such other traffic regulations as are | 5 | | specifically
authorized by this Code; or
| 6 | | 16. Enforcing the provisions of subsection (f) of | 7 | | Section 3-413 of this
Code or a similar local ordinance.
| 8 | | (b) No ordinance or regulation enacted under subsections 1, | 9 | | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 10 | | until signs giving
reasonable notice of such local traffic | 11 | | regulations are posted.
| 12 | | (c) The provisions of this Code shall not prevent any
| 13 | | municipality having a population of 500,000 or more inhabitants | 14 | | from
prohibiting any person from driving or operating any motor | 15 | | vehicle upon
the roadways of such municipality with headlamps | 16 | | on high beam or bright.
| 17 | | (d) The provisions of this Code shall not be deemed to | 18 | | prevent local
authorities within the reasonable exercise of | 19 | | their police power from
prohibiting, on private property, the | 20 | | unauthorized use of parking spaces
reserved for persons with | 21 | | disabilities.
| 22 | | (e) No unit of local government, including a home rule | 23 | | unit, may enact or
enforce an ordinance that applies only to | 24 | | motorcycles if the principal purpose
for that ordinance is to | 25 | | restrict the access of motorcycles to any highway or
portion of | 26 | | a highway for which federal or State funds have been used for |
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| 1 | | the
planning, design, construction, or maintenance of that | 2 | | highway. No unit of
local government, including a home rule | 3 | | unit, may enact an ordinance requiring
motorcycle users to wear | 4 | | protective headgear. Nothing in this subsection
(e) shall | 5 | | affect the authority of a unit of local government to regulate
| 6 | | motorcycles for traffic control purposes or in accordance with | 7 | | Section 12-602
of this Code. No unit of local government, | 8 | | including a home rule unit, may
regulate motorcycles in a | 9 | | manner inconsistent with this Code. This subsection
(e) is a | 10 | | limitation under subsection (i) of Section 6 of Article VII of | 11 | | the
Illinois Constitution on the concurrent exercise by home | 12 | | rule units of powers
and functions exercised by the State.
| 13 | | (f) A municipality or county designated in Section 11-208.6 | 14 | | may enact an ordinance providing for an
automated traffic law | 15 | | enforcement system to enforce violations of this Code or
a | 16 | | similar provision of a local ordinance and imposing liability | 17 | | on a registered owner or lessee of a vehicle used in such a | 18 | | violation.
| 19 | | (g) A municipality or county, as provided in Section | 20 | | 11-1201.1, may enact an ordinance providing for an automated | 21 | | traffic law enforcement system to enforce violations of Section | 22 | | 11-1201 of this Code or a similar provision of a local | 23 | | ordinance and imposing liability on a registered owner of a | 24 | | vehicle used in such a violation.
| 25 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11.)
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| 1 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 2 | | Sec. 11-208.3. Administrative adjudication of violations | 3 | | of traffic
regulations concerning the standing, parking, or | 4 | | condition of
vehicles and automated traffic law violations.
| 5 | | (a) Any municipality or county may provide by ordinance for | 6 | | a system of
administrative adjudication of vehicular standing | 7 | | and parking violations and
vehicle compliance violations as | 8 | | described defined in this subsection and automated traffic law | 9 | | violations as defined in Section 11-208.6 or 11-1201.1.
The | 10 | | administrative system shall have as its purpose the fair and
| 11 | | efficient enforcement of municipal or county regulations | 12 | | through the
administrative adjudication of automated traffic | 13 | | law violations and violations of municipal or county ordinances
| 14 | | regulating the standing and parking of vehicles, the condition | 15 | | and use of
vehicle equipment, and the display of municipal or | 16 | | county wheel tax licenses within the
municipality's
or county's | 17 | | borders. The administrative system shall only have authority to | 18 | | adjudicate
civil offenses carrying fines not in excess of $500 | 19 | | or requiring the completion of a traffic education program, or | 20 | | both, that occur after the
effective date of the ordinance | 21 | | adopting such a system under this Section.
For purposes of this | 22 | | Section, "compliance violation" means a violation of a
| 23 | | municipal or county regulation governing the condition or use | 24 | | of equipment on a vehicle
or governing the display of a | 25 | | municipal or county wheel tax license.
| 26 | | (b) Any ordinance establishing a system of administrative |
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| 1 | | adjudication
under this Section shall provide for:
| 2 | | (1) A traffic compliance administrator authorized to
| 3 | | adopt, distribute and
process parking, compliance, and | 4 | | automated traffic law violation notices and other notices | 5 | | required
by this
Section, collect money paid as fines and | 6 | | penalties for violation of parking
and compliance
| 7 | | ordinances and automated traffic law violations, and | 8 | | operate an administrative adjudication system. The traffic
| 9 | | compliance
administrator also may make a certified report | 10 | | to the Secretary of State
under Section 6-306.5.
| 11 | | (2) A parking, standing, compliance, or automated | 12 | | traffic law violation notice
that
shall specify the date,
| 13 | | time, and place of violation of a parking, standing,
| 14 | | compliance, or automated traffic law
regulation; the | 15 | | particular regulation
violated; any requirement to | 16 | | complete a traffic education program; the fine and any | 17 | | penalty that may be assessed for late payment or failure to | 18 | | complete a required traffic education program, or both,
| 19 | | when so provided by ordinance; the vehicle make and state | 20 | | registration
number; and the identification number of the
| 21 | | person issuing the notice.
With regard to automated traffic | 22 | | law violations, vehicle make shall be specified on the | 23 | | automated traffic law violation notice if the make is | 24 | | available and readily discernible. With regard to | 25 | | municipalities or counties with a population of 1 million | 26 | | or more, it
shall be grounds for
dismissal of a parking
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| 1 | | violation if the state registration number or vehicle make | 2 | | specified is
incorrect. The violation notice shall state | 3 | | that the completion of any required traffic education | 4 | | program, the payment of any indicated
fine, and the payment | 5 | | of any applicable penalty for late payment or failure to | 6 | | complete a required traffic education program, or both, | 7 | | shall operate as a
final disposition of the violation. The | 8 | | notice also shall contain
information as to the | 9 | | availability of a hearing in which the violation may
be | 10 | | contested on its merits. The violation notice shall specify | 11 | | the
time and manner in which a hearing may be had.
| 12 | | (3) Service of the parking, standing, or compliance
| 13 | | violation notice by affixing the
original or a facsimile of | 14 | | the notice to an unlawfully parked vehicle or by
handing | 15 | | the notice to the operator of a vehicle if he or she is
| 16 | | present and service of an automated traffic law violation | 17 | | notice by mail to the
address
of the registered owner or | 18 | | lessee of the cited vehicle as recorded with the Secretary | 19 | | of
State or the lessor of the motor vehicle within 30 days | 20 | | after the Secretary of State or the lessor of the motor | 21 | | vehicle notifies the municipality or county of the identity | 22 | | of the owner or lessee of the vehicle, but not in no event | 23 | | later than 90 days after the violation , except that in the | 24 | | case of a lessee of a motor vehicle, service of an | 25 | | automated traffic law violation notice may occur no later | 26 | | than 210 days after the violation . A person authorized by |
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| 1 | | ordinance to issue and serve parking,
standing, and | 2 | | compliance
violation notices shall certify as to the | 3 | | correctness of the facts entered
on the violation notice by | 4 | | signing his or her name to the notice at
the time of | 5 | | service or in the case of a notice produced by a | 6 | | computerized
device, by signing a single certificate to be | 7 | | kept by the traffic
compliance
administrator attesting to | 8 | | the correctness of all notices produced by the
device while | 9 | | it was under his or her control. In the case of an | 10 | | automated traffic law violation, the ordinance shall
| 11 | | require
a
determination by a technician employed or | 12 | | contracted by the municipality or county that,
based on | 13 | | inspection of recorded images, the motor vehicle was being | 14 | | operated in
violation of Section 11-208.6 or 11-1201.1 or a | 15 | | local ordinance.
If the technician determines that the
| 16 | | vehicle entered the intersection as part of a funeral | 17 | | procession or in order to
yield the right-of-way to an | 18 | | emergency vehicle, a citation shall not be issued. In | 19 | | municipalities with a population of less than 1,000,000 | 20 | | inhabitants and counties with a population of less than | 21 | | 3,000,000 inhabitants, the automated traffic law ordinance | 22 | | shall require that all determinations by a technician that | 23 | | a motor vehicle was being operated in
violation of Section | 24 | | 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | 25 | | and approved by a law enforcement officer or retired law | 26 | | enforcement officer of the municipality or county issuing |
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| 1 | | the violation. In municipalities with a population of | 2 | | 1,000,000 or more inhabitants and counties with a | 3 | | population of 3,000,000 or more inhabitants, the automated | 4 | | traffic law ordinance shall require that all | 5 | | determinations by a technician that a motor vehicle was | 6 | | being operated in
violation of Section 11-208.6 or | 7 | | 11-1201.1 or a local ordinance must be reviewed and | 8 | | approved by a law enforcement officer or retired law | 9 | | enforcement officer of the municipality or county issuing | 10 | | the violation or by an additional fully-trained reviewing | 11 | | technician who is not employed by the contractor who | 12 | | employs the technician who made the initial determination. | 13 | | As used in this paragraph, "fully-trained reviewing | 14 | | technician" means a person who has received at least 40 | 15 | | hours of supervised training in subjects which shall | 16 | | include image inspection and interpretation, the elements | 17 | | necessary to prove a violation, license plate | 18 | | identification, and traffic safety and management. In all | 19 | | municipalities and counties, the automated traffic law | 20 | | ordinance shall require that no additional fee shall be | 21 | | charged to the alleged violator for exercising his or her | 22 | | right to an administrative hearing, and persons shall be | 23 | | given at least 25 days following an administrative hearing | 24 | | to pay any civil penalty imposed by a finding that Section | 25 | | 11-208.6 or 11-1201.1 or a similar local ordinance has been | 26 | | violated. The original or a
facsimile of the violation |
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| 1 | | notice or, in the case of a notice produced by a
| 2 | | computerized device, a printed record generated by the | 3 | | device showing the facts
entered on the notice, shall be | 4 | | retained by the
traffic compliance
administrator, and | 5 | | shall be a record kept in the ordinary course of
business. | 6 | | A parking, standing, compliance, or automated traffic law | 7 | | violation notice issued,
signed and served in
accordance | 8 | | with this Section, a copy of the notice, or the computer
| 9 | | generated record shall be prima facie
correct and shall be | 10 | | prima facie evidence of the correctness of the facts
shown | 11 | | on the notice. The notice, copy, or computer generated
| 12 | | record shall be admissible in any
subsequent | 13 | | administrative or legal proceedings.
| 14 | | (4) An opportunity for a hearing for the registered | 15 | | owner of the
vehicle cited in the parking, standing, | 16 | | compliance, or automated traffic law violation notice in
| 17 | | which the owner may
contest the merits of the alleged | 18 | | violation, and during which formal or
technical rules of | 19 | | evidence shall not apply; provided, however, that under
| 20 | | Section 11-1306 of this Code the lessee of a vehicle cited | 21 | | in the
violation notice likewise shall be provided an | 22 | | opportunity for a hearing of
the same kind afforded the | 23 | | registered owner. The hearings shall be
recorded, and the | 24 | | person conducting the hearing on behalf of the traffic
| 25 | | compliance
administrator shall be empowered to administer | 26 | | oaths and to secure by
subpoena both the attendance and |
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| 1 | | testimony of witnesses and the production
of relevant books | 2 | | and papers. Persons appearing at a hearing under this
| 3 | | Section may be represented by counsel at their expense. The | 4 | | ordinance may
also provide for internal administrative | 5 | | review following the decision of
the hearing officer.
| 6 | | (5) Service of additional notices, sent by first class | 7 | | United States
mail, postage prepaid, to the address of the | 8 | | registered owner of the cited
vehicle as recorded with the | 9 | | Secretary of State or, if any notice to that address is | 10 | | returned as undeliverable, to the last known address | 11 | | recorded in a United States Post Office approved database,
| 12 | | or, under Section 11-1306
or subsection (p) of Section | 13 | | 11-208.6 of this Code, to the lessee of the cited vehicle | 14 | | at the last address known
to the lessor of the cited | 15 | | vehicle at the time of lease or, if any notice to that | 16 | | address is returned as undeliverable, to the last known | 17 | | address recorded in a United States Post Office approved | 18 | | database.
The service shall
be deemed complete as of the | 19 | | date of deposit in the United States mail.
The notices | 20 | | shall be in the following sequence and shall include but | 21 | | not be
limited to the information specified herein:
| 22 | | (i) A second notice of parking, standing, or | 23 | | compliance violation. This notice shall specify the
| 24 | | date and location of the violation cited in the | 25 | | parking,
standing,
or compliance violation
notice, the | 26 | | particular regulation violated, the vehicle
make and |
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| 1 | | state registration number, any requirement to complete | 2 | | a traffic education program, the fine and any penalty | 3 | | that may be
assessed for late payment or failure to | 4 | | complete a traffic education program, or both, when so | 5 | | provided by ordinance, the availability
of a hearing in | 6 | | which the violation may be contested on its merits, and | 7 | | the
time and manner in which the hearing may be had. | 8 | | The notice of violation
shall also state that failure | 9 | | to complete a required traffic education program, to | 10 | | pay the indicated fine and any
applicable penalty, or | 11 | | to appear at a hearing on the merits in the time and
| 12 | | manner specified, will result in a final determination | 13 | | of violation
liability for the cited violation in the | 14 | | amount of the fine or penalty
indicated, and that, upon | 15 | | the occurrence of a final determination of violation | 16 | | liability for the failure, and the exhaustion of, or
| 17 | | failure to exhaust, available administrative or | 18 | | judicial procedures for
review, any incomplete traffic | 19 | | education program or any unpaid fine or penalty, or | 20 | | both, will constitute a debt due and owing
the | 21 | | municipality or county.
| 22 | | (ii) A notice of final determination of parking, | 23 | | standing,
compliance, or automated traffic law | 24 | | violation liability.
This notice shall be sent | 25 | | following a final determination of parking,
standing, | 26 | | compliance, or automated traffic law
violation |
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| 1 | | liability and the conclusion of judicial review | 2 | | procedures taken
under this Section. The notice shall | 3 | | state that the incomplete traffic education program or | 4 | | the unpaid fine or
penalty, or both, is a debt due and | 5 | | owing the municipality or county. The notice shall | 6 | | contain
warnings that failure to complete any required | 7 | | traffic education program or to pay any fine or penalty | 8 | | due and owing the
municipality or county, or both, | 9 | | within the time specified may result in the | 10 | | municipality's
or county's filing of a petition in the | 11 | | Circuit Court to have the incomplete traffic education | 12 | | program or unpaid
fine or penalty, or both, rendered a | 13 | | judgment as provided by this Section, or may
result in | 14 | | suspension of the person's drivers license for failure | 15 | | to complete a traffic education program or to pay
fines | 16 | | or penalties, or both, for 10 or more parking | 17 | | violations under Section 6-306.5 or 5 or more automated | 18 | | traffic law violations under Section 11-208.6.
| 19 | | (6) A notice of impending drivers license suspension. | 20 | | This
notice shall be sent to the person liable for failure | 21 | | to complete a required traffic education program or to pay | 22 | | any fine or penalty that
remains due and owing, or both, on | 23 | | 10 or more parking
violations or 5 or more unpaid automated | 24 | | traffic law violations. The notice
shall state that failure | 25 | | to complete a required traffic education program or to pay | 26 | | the fine or penalty owing, or both, within 45 days of
the |
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| 1 | | notice's date will result in the municipality or county | 2 | | notifying the Secretary
of State that the person is | 3 | | eligible for initiation of suspension
proceedings under | 4 | | Section 6-306.5 of this Code. The notice shall also state
| 5 | | that the person may obtain a photostatic copy of an | 6 | | original ticket imposing a
fine or penalty by sending a | 7 | | self addressed, stamped envelope to the
municipality or | 8 | | county along with a request for the photostatic copy.
The | 9 | | notice of impending
drivers license suspension shall be | 10 | | sent by first class United States mail,
postage prepaid, to | 11 | | the address recorded with the Secretary of State or, if any | 12 | | notice to that address is returned as undeliverable, to the | 13 | | last known address recorded in a United States Post Office | 14 | | approved database.
| 15 | | (7) Final determinations of violation liability. A | 16 | | final
determination of violation liability shall occur | 17 | | following failure to complete the required traffic | 18 | | education program or
to pay the fine or penalty, or both, | 19 | | after a hearing officer's determination of violation | 20 | | liability and the exhaustion of or failure to exhaust any
| 21 | | administrative review procedures provided by ordinance. | 22 | | Where a person
fails to appear at a hearing to contest the | 23 | | alleged violation in the time
and manner specified in a | 24 | | prior mailed notice, the hearing officer's
determination | 25 | | of violation liability shall become final: (A) upon
denial | 26 | | of a timely petition to set aside that determination, or |
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| 1 | | (B) upon
expiration of the period for filing the petition | 2 | | without a
filing having been made.
| 3 | | (8) A petition to set aside a determination of parking, | 4 | | standing,
compliance, or automated traffic law violation
| 5 | | liability that may be filed by a person owing an unpaid | 6 | | fine or penalty. A petition to set aside a determination of | 7 | | liability may also be filed by a person required to | 8 | | complete a traffic education program.
The petition shall be | 9 | | filed with and ruled upon by the traffic compliance
| 10 | | administrator in the manner and within the time specified | 11 | | by ordinance.
The grounds for the petition may be limited | 12 | | to: (A) the person not having
been the owner or lessee of | 13 | | the cited vehicle on the date the
violation notice was | 14 | | issued, (B) the person having already completed the | 15 | | required traffic education program or paid the fine or
| 16 | | penalty, or both, for the violation in question, and (C) | 17 | | excusable failure to
appear at or
request a new date for a | 18 | | hearing.
With regard to municipalities or counties with a | 19 | | population of 1 million or more, it
shall be grounds for
| 20 | | dismissal of a
parking violation if the state registration | 21 | | number, or vehicle make if specified, is
incorrect. After | 22 | | the determination of
parking, standing, compliance, or | 23 | | automated traffic law violation liability has been set | 24 | | aside
upon a showing of just
cause, the registered owner | 25 | | shall be provided with a hearing on the merits
for that | 26 | | violation.
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| 1 | | (9) Procedures for non-residents. Procedures by which | 2 | | persons who are
not residents of the municipality or county | 3 | | may contest the merits of the alleged
violation without | 4 | | attending a hearing.
| 5 | | (10) A schedule of civil fines for violations of | 6 | | vehicular standing,
parking, compliance, or automated | 7 | | traffic law regulations enacted by ordinance pursuant to | 8 | | this
Section, and a
schedule of penalties for late payment | 9 | | of the fines or failure to complete required traffic | 10 | | education programs, provided, however,
that the total | 11 | | amount of the fine and penalty for any one violation shall
| 12 | | not exceed $250, except as provided in subsection (c) of | 13 | | Section 11-1301.3 of this Code.
| 14 | | (11) Other provisions as are necessary and proper to | 15 | | carry into
effect the powers granted and purposes stated in | 16 | | this Section.
| 17 | | (c) Any municipality or county establishing vehicular | 18 | | standing, parking,
compliance, or automated traffic law
| 19 | | regulations under this Section may also provide by ordinance | 20 | | for a
program of vehicle immobilization for the purpose of | 21 | | facilitating
enforcement of those regulations. The program of | 22 | | vehicle
immobilization shall provide for immobilizing any | 23 | | eligible vehicle upon the
public way by presence of a restraint | 24 | | in a manner to prevent operation of
the vehicle. Any ordinance | 25 | | establishing a program of vehicle
immobilization under this | 26 | | Section shall provide:
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| 1 | | (1) Criteria for the designation of vehicles eligible | 2 | | for
immobilization. A vehicle shall be eligible for | 3 | | immobilization when the
registered owner of the vehicle has | 4 | | accumulated the number of incomplete traffic education | 5 | | programs or unpaid final
determinations of parking, | 6 | | standing, compliance, or automated traffic law violation | 7 | | liability, or both, as
determined by ordinance.
| 8 | | (2) A notice of impending vehicle immobilization and a | 9 | | right to a
hearing to challenge the validity of the notice | 10 | | by disproving liability
for the incomplete traffic | 11 | | education programs or unpaid final determinations of | 12 | | parking, standing, compliance, or automated traffic law
| 13 | | violation liability, or both, listed
on the notice.
| 14 | | (3) The right to a prompt hearing after a vehicle has | 15 | | been immobilized
or subsequently towed without the | 16 | | completion of the required traffic education program or | 17 | | payment of the outstanding fines and
penalties on parking, | 18 | | standing, compliance, or automated traffic law violations, | 19 | | or both, for which final
determinations have been
issued. | 20 | | An order issued after the hearing is a final administrative
| 21 | | decision within the meaning of Section 3-101 of the Code of | 22 | | Civil Procedure.
| 23 | | (4) A post immobilization and post-towing notice | 24 | | advising the registered
owner of the vehicle of the right | 25 | | to a hearing to challenge the validity
of the impoundment.
| 26 | | (d) Judicial review of final determinations of parking, |
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| 1 | | standing,
compliance, or automated traffic law
violations and | 2 | | final administrative decisions issued after hearings
regarding | 3 | | vehicle immobilization and impoundment made
under this Section | 4 | | shall be subject to the provisions of
the Administrative Review | 5 | | Law.
| 6 | | (e) Any fine, penalty, incomplete traffic education | 7 | | program, or part of any fine or any penalty remaining
unpaid | 8 | | after the exhaustion of, or the failure to exhaust, | 9 | | administrative
remedies created under this Section and the | 10 | | conclusion of any judicial
review procedures shall be a debt | 11 | | due and owing the municipality or county and, as
such, may be | 12 | | collected in accordance with applicable law. Completion of any | 13 | | required traffic education program and payment in full
of any | 14 | | fine or penalty resulting from a standing, parking,
compliance, | 15 | | or automated traffic law violation shall
constitute a final | 16 | | disposition of that violation.
| 17 | | (f) After the expiration of the period within which | 18 | | judicial review may
be sought for a final determination of | 19 | | parking, standing, compliance, or automated traffic law
| 20 | | violation, the municipality
or county may commence a proceeding | 21 | | in the Circuit Court for purposes of obtaining a
judgment on | 22 | | the final determination of violation. Nothing in this
Section | 23 | | shall prevent a municipality or county from consolidating | 24 | | multiple final
determinations of parking, standing, | 25 | | compliance, or automated traffic law violations against a
| 26 | | person in a proceeding.
Upon commencement of the action, the |
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| 1 | | municipality or county shall file a certified
copy or record of | 2 | | the final determination of parking, standing, compliance, or | 3 | | automated traffic law
violation, which shall be
accompanied by | 4 | | a certification that recites facts sufficient to show that
the | 5 | | final determination of violation was
issued in accordance with | 6 | | this Section and the applicable municipal
or county ordinance. | 7 | | Service of the summons and a copy of the petition may be by
any | 8 | | method provided by Section 2-203 of the Code of Civil Procedure | 9 | | or by
certified mail, return receipt requested, provided that | 10 | | the total amount of
fines and penalties for final | 11 | | determinations of parking, standing,
compliance, or automated | 12 | | traffic law violations does not
exceed $2500. If the court is | 13 | | satisfied that the final determination of
parking, standing, | 14 | | compliance, or automated traffic law violation was entered in | 15 | | accordance with
the requirements of
this Section and the | 16 | | applicable municipal or county ordinance, and that the | 17 | | registered
owner or the lessee, as the case may be, had an | 18 | | opportunity for an
administrative hearing and for judicial | 19 | | review as provided in this Section,
the court shall render | 20 | | judgment in favor of the municipality or county and against
the | 21 | | registered owner or the lessee for the amount indicated in the | 22 | | final
determination of parking, standing, compliance, or | 23 | | automated traffic law violation, plus costs.
The judgment shall | 24 | | have
the same effect and may be enforced in the same manner as | 25 | | other judgments
for the recovery of money.
| 26 | | (g) The fee for participating in a traffic education |
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| 1 | | program under this Section shall not exceed $25. | 2 | | A low-income individual required to complete a traffic | 3 | | education program under this Section who provides proof of | 4 | | eligibility for the federal earned income tax credit under | 5 | | Section 32 of the Internal Revenue Code or the Illinois earned | 6 | | income tax credit under Section 212 of the Illinois Income Tax | 7 | | Act shall not be required to pay any fee for participating in a | 8 | | required traffic education program. | 9 | | (Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; | 10 | | 96-478, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1016, eff. | 11 | | 1-1-11; 96-1386, eff. 7-29-10; revised 9-16-10.)
| 12 | | (625 ILCS 5/11-208.6)
| 13 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 14 | | (a) As used in this Section, "automated traffic law | 15 | | enforcement
system" means a device with one or more motor | 16 | | vehicle sensors working
in conjunction with a red light signal | 17 | | to produce recorded images of
motor vehicles entering an | 18 | | intersection against a red signal
indication in violation of | 19 | | Section 11-306 of this Code or a similar provision
of a local | 20 | | ordinance.
| 21 | | An
automated traffic law enforcement system is a system, in | 22 | | a municipality or
county operated by a
governmental agency, | 23 | | that
produces a recorded image of a motor vehicle's
violation | 24 | | of a provision of this Code or a local ordinance
and is | 25 | | designed to obtain a clear recorded image of the
vehicle and |
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| 1 | | the vehicle's license plate. The recorded image must also
| 2 | | display the time, date, and location of the violation.
| 3 | | (b) As used in this Section, "recorded images" means images
| 4 | | recorded by an automated traffic law enforcement system on:
| 5 | | (1) 2 or more photographs;
| 6 | | (2) 2 or more microphotographs;
| 7 | | (3) 2 or more electronic images; or
| 8 | | (4) a video recording showing the motor vehicle and, on | 9 | | at
least one image or portion of the recording, clearly | 10 | | identifying the
registration plate number of the motor | 11 | | vehicle.
| 12 | | (b-5) A municipality or
county that
produces a recorded | 13 | | image of a motor vehicle's
violation of a provision of this | 14 | | Code or a local ordinance must make the recorded images of a | 15 | | violation accessible to the alleged violator by providing the | 16 | | alleged violator with a website address, accessible through the | 17 | | Internet. | 18 | | (c) A county or municipality, including a home rule county | 19 | | or municipality, may not use an automated traffic law | 20 | | enforcement system to provide recorded images of a motor | 21 | | vehicle for the purpose of recording its speed. The regulation | 22 | | of the use of automated traffic law enforcement systems to | 23 | | record vehicle speeds is an exclusive power and function of the | 24 | | State. This subsection (c) is a denial and limitation of home | 25 | | rule powers and functions under subsection (h) of Section 6 of | 26 | | Article VII of the Illinois Constitution.
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| 1 | | (c-5) A county or municipality, including a home rule | 2 | | county or municipality, may not use an automated traffic law | 3 | | enforcement system to issue violations in instances where the | 4 | | motor vehicle comes to a complete stop and does not enter the | 5 | | intersection, as defined by Section 1-132 of this Code, during | 6 | | the cycle of the red signal indication unless one or more | 7 | | pedestrians or bicyclists are present, even if the motor | 8 | | vehicle stops at a point past a stop line or crosswalk where a | 9 | | driver is required to stop, as specified in subsection (c) of | 10 | | Section 11-306 of this Code or a similar provision of a local | 11 | | ordinance. | 12 | | (d) For each violation of a provision of this Code or a | 13 | | local ordinance
recorded by an automatic
traffic law | 14 | | enforcement system, the county or municipality having
| 15 | | jurisdiction shall issue a written notice of the
violation to | 16 | | the registered owner of the vehicle as the alleged
violator. | 17 | | The notice shall be delivered to the registered
owner of the | 18 | | vehicle, by mail, within 30 days after the Secretary of State | 19 | | notifies the municipality or county of the identity of the | 20 | | owner of the vehicle, but in no event later than 90 days after | 21 | | the violation.
| 22 | | The notice shall include:
| 23 | | (1) the name and address of the registered owner of the
| 24 | | vehicle;
| 25 | | (2) the registration number of the motor vehicle
| 26 | | involved in the violation;
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| 1 | | (3) the violation charged;
| 2 | | (4) the location where the violation occurred;
| 3 | | (5) the date and time of the violation;
| 4 | | (6) a copy of the recorded images;
| 5 | | (7) the amount of the civil penalty imposed and the | 6 | | requirements of any traffic education program imposed and | 7 | | the date
by which the civil penalty should be paid and the | 8 | | traffic education program should be completed;
| 9 | | (8) a statement that recorded images are evidence of a
| 10 | | violation of a red light signal;
| 11 | | (9) a warning that failure to pay the civil penalty, to | 12 | | complete a required traffic education program, or to
| 13 | | contest liability in a timely manner is an admission of
| 14 | | liability and may result in a suspension of the driving
| 15 | | privileges of the registered owner of the vehicle;
| 16 | | (10) a statement that the person may elect to proceed | 17 | | by:
| 18 | | (A) paying the fine, completing a required traffic | 19 | | education program, or both; or
| 20 | | (B) challenging the charge in court, by mail, or by | 21 | | administrative hearing; and
| 22 | | (11) a website address, accessible through the | 23 | | Internet, where the person may view the recorded images of | 24 | | the violation. | 25 | | (e) If a person
charged with a traffic violation, as a | 26 | | result of an automated traffic law
enforcement system, does not |
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| 1 | | pay the fine or complete a required traffic education program, | 2 | | or both, or successfully contest the civil
penalty resulting | 3 | | from that violation, the Secretary of State shall suspend the
| 4 | | driving privileges of the
registered owner of the vehicle under | 5 | | Section 6-306.5 of this Code for failing
to complete a required | 6 | | traffic education program or to pay any fine or penalty
due and | 7 | | owing, or both, as a result of 5 violations of the automated | 8 | | traffic law
enforcement system.
| 9 | | (f) Based on inspection of recorded images produced by an
| 10 | | automated traffic law enforcement system, a notice alleging | 11 | | that the violation occurred shall be evidence of the facts | 12 | | contained
in the notice and admissible in any proceeding | 13 | | alleging a
violation under this Section.
| 14 | | (g) Recorded images made by an automatic traffic law
| 15 | | enforcement system are confidential and shall be made
available | 16 | | only to the alleged violator and governmental and
law | 17 | | enforcement agencies for purposes of adjudicating a
violation | 18 | | of this Section, for statistical purposes, or for other | 19 | | governmental purposes. Any recorded image evidencing a
| 20 | | violation of this Section, however, may be admissible in
any | 21 | | proceeding resulting from the issuance of the citation.
| 22 | | (h) The court or hearing officer may consider in defense of | 23 | | a violation:
| 24 | | (1) that the motor vehicle or registration plates of | 25 | | the motor
vehicle were stolen before the violation occurred | 26 | | and not
under the control of or in the possession of the |
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| 1 | | owner at
the time of the violation;
| 2 | | (2) that the driver of the vehicle passed through the
| 3 | | intersection when the light was red either (i) in order to
| 4 | | yield the right-of-way to an emergency vehicle or (ii) as
| 5 | | part of a funeral procession; and
| 6 | | (3) any other evidence or issues provided by municipal | 7 | | or county ordinance.
| 8 | | (i) To demonstrate that the motor vehicle or the | 9 | | registration
plates were stolen before the violation occurred | 10 | | and were not under the
control or possession of the owner at | 11 | | the time of the violation, the
owner must submit proof that a | 12 | | report concerning the stolen
motor vehicle or registration | 13 | | plates was filed with a law enforcement agency in a timely | 14 | | manner.
| 15 | | (j) Unless the driver of the motor vehicle received a | 16 | | Uniform
Traffic Citation from a police officer at the time of | 17 | | the violation,
the motor vehicle owner is subject to a civil | 18 | | penalty not exceeding
$100 or the completion of a traffic | 19 | | education program, or both, plus an additional penalty of not | 20 | | more than $100 for failure to pay the original penalty or to | 21 | | complete a required traffic education program, or both, in a | 22 | | timely manner, if the motor vehicle is recorded by an automated | 23 | | traffic law
enforcement system. A violation for which a civil | 24 | | penalty is imposed
under this Section is not a violation of a | 25 | | traffic regulation governing
the movement of vehicles and may | 26 | | not be recorded on the driving record
of the owner of the |
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| 1 | | vehicle.
| 2 | | (j-3) A registered owner who is a holder of a valid | 3 | | commercial driver's license is not required to complete a | 4 | | traffic education program. | 5 | | (j-5) For purposes of the required traffic education | 6 | | program only, a registered owner may submit an affidavit to the | 7 | | court or hearing officer swearing that at the time of the | 8 | | alleged violation, the vehicle was in the custody and control | 9 | | of another person. The affidavit must identify the person in | 10 | | custody and control of the vehicle, including the person's name | 11 | | and current address. The person in custody and control of the | 12 | | vehicle at the time of the violation is required to complete | 13 | | the required traffic education program. If the person in | 14 | | custody and control of the vehicle at the time of the violation | 15 | | completes the required traffic education program, the | 16 | | registered owner of the vehicle is not required to complete a | 17 | | traffic education program. | 18 | | (k) An intersection equipped with an automated traffic law
| 19 | | enforcement system must be posted with a sign visible to | 20 | | approaching traffic
indicating that the intersection is being | 21 | | monitored by an automated
traffic law enforcement system. | 22 | | (k-3) A municipality or
county that has one or more | 23 | | intersections equipped with an automated traffic law
| 24 | | enforcement system must provide notice to drivers by posting | 25 | | the locations of automated traffic law systems on the | 26 | | municipality or county website.
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| 1 | | (k-5) An intersection equipped with an automated traffic | 2 | | law
enforcement system must have a yellow change interval that | 3 | | conforms with the Illinois Manual on Uniform Traffic Control | 4 | | Devices (IMUTCD) published by the Illinois Department of | 5 | | Transportation. | 6 | | (k-7) A municipality or county operating an automated | 7 | | traffic law enforcement system shall conduct a statistical | 8 | | analysis to assess the safety impact of each automated traffic | 9 | | law enforcement system at an intersection following | 10 | | installation of the system. The statistical analysis shall be | 11 | | based upon the best available crash, traffic, and other data, | 12 | | and shall cover a period of time before and after installation | 13 | | of the system sufficient to provide a statistically valid | 14 | | comparison of safety impact. The statistical analysis shall be | 15 | | consistent with professional judgment and acceptable industry | 16 | | practice. The statistical analysis also shall be consistent | 17 | | with the data required for valid comparisons of before and | 18 | | after conditions and shall be conducted within a reasonable | 19 | | period following the installation of the automated traffic law | 20 | | enforcement system. The statistical analysis required by this | 21 | | subsection (k-7) shall be made available to the public and | 22 | | shall be published on the website of the municipality or | 23 | | county. If the statistical analysis for the 36 month period | 24 | | following installation of the system indicates that there has | 25 | | been an increase in the rate of accidents at the approach to | 26 | | the intersection monitored by the system, the municipality or |
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| 1 | | county shall undertake additional studies to determine the | 2 | | cause and severity of the accidents, and may take any action | 3 | | that it determines is necessary or appropriate to reduce the | 4 | | number or severity of the accidents at that intersection. | 5 | | (l) The compensation paid for an automated traffic law | 6 | | enforcement system
must be based on the value of the equipment | 7 | | or the services provided and may
not be based on the number of | 8 | | traffic citations issued or the revenue generated
by the | 9 | | system.
| 10 | | (m) This Section applies only to the counties of Cook, | 11 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 12 | | to municipalities located within those counties.
| 13 | | (n) The fee for participating in a traffic education | 14 | | program under this Section shall not exceed $25. | 15 | | A low-income individual required to complete a traffic | 16 | | education program under this Section who provides proof of | 17 | | eligibility for the federal earned income tax credit under | 18 | | Section 32 of the Internal Revenue Code or the Illinois earned | 19 | | income tax credit under Section 212 of the Illinois Income Tax | 20 | | Act shall not be required to pay any fee for participating in a | 21 | | required traffic education program. | 22 | | (o) A municipality or county shall make a certified report | 23 | | to the Secretary of State pursuant to Section 6-306.5 of this | 24 | | Code whenever a registered owner of a vehicle has failed to pay | 25 | | any
fine or penalty due and owing as a result of 5 offenses for | 26 | | automated traffic
law violations. |
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| 1 | | (p) No person who is the lessor of a motor vehicle pursuant | 2 | | to a written lease agreement shall be liable for an automated | 3 | | traffic law enforcement system violation involving such motor | 4 | | vehicle during the period of the lease; provided that upon the | 5 | | request of the appropriate authority received within 120 days | 6 | | after the violation occurred, the lessor provides within 60 | 7 | | days after such receipt the name and address of the lessee. The | 8 | | drivers license number of a lessee may be subsequently | 9 | | individually requested by the appropriate authority if needed | 10 | | for enforcement of this Section. | 11 | | Upon the provision of information by the lessor pursuant to | 12 | | this subsection, the county or municipality may issue the | 13 | | violation to the lessee of the vehicle in the same manner as it | 14 | | would issue a violation to a registered owner of a vehicle | 15 | | pursuant to this Section, and the lessee may be held liable for | 16 | | the violation. | 17 | | (Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11.)
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