Full Text of SB0952 97th General Assembly
SB0952sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/15/2011
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| 1 | | AMENDMENT TO SENATE BILL 952
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 952 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Section 6-306.5, 11-208, 11-208.3, 11-612, and | 6 | | 12-610.5 and by adding Sections 1-105.1, 11-208.8 as follows: | 7 | | (625 ILCS 5/1-105.1 new) | 8 | | Sec. 1-105.1. Automated speed enforcement system | 9 | | violation. A violation described in Section 11-208.8 of this | 10 | | Code.
| 11 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 12 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 13 | | parking,
compliance, automated speed enforcement system, or | 14 | | automated traffic law violations; suspension of driving | 15 | | privileges.
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| 1 | | (a) Upon receipt of
a certified report,
as prescribed by | 2 | | subsection (c) of
this Section, from
any municipality or county | 3 | | stating that the owner of a registered vehicle has : (1) has | 4 | | failed
to pay any fine or penalty due and owing as a result of | 5 | | 10 or more violations
of a
municipality's or county's vehicular | 6 | | standing, parking, or compliance
regulations established by
| 7 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has | 8 | | failed to pay any
fine or penalty due and owing as a result of 5 | 9 | | offenses for automated speed enforcement system violations or | 10 | | automated traffic
violations as defined in
Sections Section | 11 | | 11-208.6 , 11-208.8, or 11-1201.1, or (3) is more than 14 days | 12 | | in default of a payment plan pursuant to which a suspension had | 13 | | been terminated under subsection (c) of this Section, the | 14 | | Secretary of State
shall suspend the driving privileges of such | 15 | | person in accordance with the
procedures set forth in this | 16 | | Section.
The Secretary shall also suspend the driving | 17 | | privileges of an owner of a
registered vehicle upon receipt of | 18 | | a certified report, as prescribed by
subsection (f) of this | 19 | | Section, from any municipality or county stating that such
| 20 | | person has failed to satisfy any fines or penalties imposed by | 21 | | final judgments
for 5 or more automated speed enforcement | 22 | | system or automated traffic law violations or 10 or more | 23 | | violations of local standing, parking, or
compliance | 24 | | regulations after
exhaustion of judicial review procedures.
| 25 | | (b) Following receipt of the certified report of the | 26 | | municipality or county as
specified in this Section, the |
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| 1 | | Secretary of State shall notify the person
whose name appears | 2 | | on the certified report that
the person's
drivers license will | 3 | | be suspended at the end of a specified period of time
unless | 4 | | the Secretary of State is presented with a notice from the
| 5 | | municipality or county certifying that the fine or penalty due
| 6 | | and owing the municipality or county has been paid or that | 7 | | inclusion of that
person's name on the certified report was in | 8 | | error. The Secretary's notice
shall state in substance the | 9 | | information
contained in the municipality's or county's | 10 | | certified report to the Secretary, and
shall be effective as | 11 | | specified by subsection (c) of Section 6-211 of this
Code.
| 12 | | (c) The report of the appropriate municipal or county | 13 | | official notifying the
Secretary of State of unpaid fines or | 14 | | penalties pursuant to this Section
shall be certified and shall | 15 | | contain the following:
| 16 | | (1) The name, last known address as recorded with the | 17 | | Secretary of State, as provided by the lessor of the cited | 18 | | vehicle at the time of lease, or as recorded in a United | 19 | | States Post Office approved database if any notice sent | 20 | | under Section 11-208.3 of this Code is returned as | 21 | | undeliverable, and drivers license number of the
person who | 22 | | failed to pay the fine or
penalty or who has defaulted in a | 23 | | payment plan and the registration number of any vehicle | 24 | | known to be registered
to such person in this State.
| 25 | | (2) The name of the municipality or county making the | 26 | | report pursuant to this
Section.
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| 1 | | (3) A statement that the municipality or county sent a | 2 | | notice of impending
drivers license suspension as | 3 | | prescribed by ordinance enacted
pursuant to Section | 4 | | 11-208.3 of this Code or a notice of default in a payment | 5 | | plan, to the person named in the report at the
address | 6 | | recorded with the Secretary of State or at the last address | 7 | | known to the lessor of the cited vehicle at the time of | 8 | | lease or, if any notice sent under Section 11-208.3 of this | 9 | | Code is returned as undeliverable, at the last known | 10 | | address recorded in a United States Post Office approved | 11 | | database; the date on which such
notice was sent; and the | 12 | | address to which such notice was sent.
In a municipality or | 13 | | county with a population of 1,000,000 or more, the report | 14 | | shall
also include a statement that the alleged violator's | 15 | | State vehicle registration
number and vehicle make, if | 16 | | specified on the automated speed enforcement system | 17 | | violation or automated traffic law violation notice, are | 18 | | correct as they appear on the citations. | 19 | | (4) A unique identifying reference number for each | 20 | | request of suspension sent whenever a person has failed to | 21 | | pay the fine or penalty or has defaulted on a payment plan.
| 22 | | (d) Any municipality or county making a certified report to | 23 | | the Secretary of State
pursuant to this Section
shall notify | 24 | | the Secretary of State, in a form prescribed by the
Secretary, | 25 | | whenever a person named in the certified report has paid the
| 26 | | previously reported fine or penalty, whenever a person named in |
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| 1 | | the certified report has entered into a payment plan pursuant | 2 | | to which the municipality or county has agreed to terminate the | 3 | | suspension, or whenever the municipality or county determines
| 4 | | that the original report was in error. A certified copy of such
| 5 | | notification shall also be given upon request and at no | 6 | | additional charge
to the person named therein. Upon receipt of | 7 | | the municipality's or county's
notification or presentation of | 8 | | a certified copy of such notification, the
Secretary of State | 9 | | shall terminate the suspension.
| 10 | | (e) Any municipality or county making a certified report to | 11 | | the Secretary of State
pursuant to this Section
shall also by | 12 | | ordinance establish procedures for persons to
challenge the | 13 | | accuracy of the certified report. The ordinance shall also
| 14 | | state the grounds for such a challenge, which may be limited to | 15 | | (1) the
person not having been the owner or lessee of the | 16 | | vehicle or vehicles
receiving 10 or more standing, parking, or | 17 | | compliance
violation notices or 5 or more automated speed | 18 | | enforcement system or automated traffic law violations on the | 19 | | date or dates such notices were issued; and (2) the
person
| 20 | | having already paid the fine or penalty for the 10 or more | 21 | | standing, parking, or compliance violations or 5 or more | 22 | | automated speed enforcement system or automated traffic law | 23 | | violations
indicated on the certified report.
| 24 | | (f) Any municipality or county, other than a municipality | 25 | | or county establishing vehicular
standing, parking, and | 26 | | compliance regulations pursuant to
Section 11-208.3 , automated |
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| 1 | | speed enforcement system regulations under Section 11-208.8, | 2 | | or automated traffic law regulations under Section 11-208.6 or | 3 | | 11-1201.1, may also
cause a suspension of a person's drivers | 4 | | license pursuant to this Section.
Such municipality or county | 5 | | may invoke this sanction by making a certified report to
the | 6 | | Secretary of State upon a person's failure to satisfy any fine | 7 | | or
penalty imposed by final judgment for 10 or more violations | 8 | | of local
standing, parking, or compliance regulations or 5 or | 9 | | more automated speed enforcement system or automated traffic | 10 | | law violations after exhaustion
of judicial review
procedures, | 11 | | but only if:
| 12 | | (1) the municipality or county complies with the | 13 | | provisions of this Section in all
respects except in regard | 14 | | to enacting an ordinance pursuant to Section
11-208.3;
| 15 | | (2) the municipality or county has sent a notice of | 16 | | impending
drivers license suspension as prescribed by an | 17 | | ordinance enacted pursuant to
subsection (g) of this | 18 | | Section; and
| 19 | | (3) in municipalities or counties with a population of | 20 | | 1,000,000 or more, the
municipality or county
has verified | 21 | | that the alleged violator's State vehicle registration | 22 | | number and
vehicle make are correct as they appear on the | 23 | | citations.
| 24 | | (g) Any municipality or county, other than a municipality | 25 | | or county establishing
standing, parking, and compliance | 26 | | regulations pursuant to
Section 11-208.3 , automated speed |
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| 1 | | enforcement system regulations under Section 11-208.8, or | 2 | | automated traffic law regulations under Section 11-208.6 or | 3 | | 11-1201.1, may provide by
ordinance for the sending of a notice | 4 | | of impending
drivers license suspension to the person who has | 5 | | failed to satisfy any fine
or penalty imposed by final judgment | 6 | | for 10 or more violations of local
standing, parking, or | 7 | | compliance regulations or 5 or more automated speed enforcement | 8 | | system or automated traffic law violations after exhaustion
of
| 9 | | judicial review
procedures. An ordinance so providing shall | 10 | | specify that the notice
sent to the person liable for any fine | 11 | | or penalty
shall state that failure to pay the fine or
penalty | 12 | | owing within 45 days of the notice's date will result in the
| 13 | | municipality or county notifying the Secretary of State that
| 14 | | the person's drivers license is eligible for suspension | 15 | | pursuant to this
Section.
The notice of impending drivers | 16 | | license suspension
shall be sent by first class United States | 17 | | mail, postage prepaid, to the
address
recorded with the | 18 | | Secretary of State or at the last address known to the lessor | 19 | | of the cited vehicle at the time of lease or, if any notice | 20 | | sent under Section 11-208.3 of this Code is returned as | 21 | | undeliverable, to the last known address recorded in a United | 22 | | States Post Office approved database.
| 23 | | (h) An administrative hearing to contest an impending | 24 | | suspension or a
suspension made pursuant to this Section may be | 25 | | had upon filing a written
request with the Secretary of State. | 26 | | The filing fee for this hearing shall
be $20, to be paid at the |
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| 1 | | time the request is made.
A municipality or county which files | 2 | | a certified report with the Secretary of
State pursuant to this | 3 | | Section shall reimburse the Secretary for all
reasonable costs | 4 | | incurred by the Secretary as a result of the filing of the
| 5 | | report, including but not limited to the costs of providing the | 6 | | notice
required pursuant to subsection (b) and the costs | 7 | | incurred by the Secretary
in any hearing conducted with respect | 8 | | to the report pursuant to this
subsection and any appeal from | 9 | | such a hearing.
| 10 | | (i) The provisions of this Section shall apply on and after | 11 | | January 1, 1988.
| 12 | | (j) For purposes of this Section, the term "compliance | 13 | | violation" is
defined as in Section 11-208.3.
| 14 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10; | 15 | | 96-1386, eff. 7-29-10; revised 9-16-10.)
| 16 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 17 | | Sec. 11-208. Powers of local authorities.
| 18 | | (a) The provisions of this Code shall not be deemed to | 19 | | prevent
local authorities with respect to streets and highways | 20 | | under their
jurisdiction and within the reasonable exercise of | 21 | | the police power from:
| 22 | | 1. Regulating the standing or parking of vehicles, | 23 | | except as
limited by Sections 11-1306 and 11-1307 of this | 24 | | Act;
| 25 | | 2. Regulating traffic by means of police officers or |
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| 1 | | traffic control
signals;
| 2 | | 3. Regulating or prohibiting processions or | 3 | | assemblages on the highways;
| 4 | | 4. Designating particular highways as one-way highways | 5 | | and requiring that
all vehicles thereon be moved in one | 6 | | specific direction;
| 7 | | 5. Regulating the speed of vehicles in public parks | 8 | | subject to the
limitations set forth in Section 11-604;
| 9 | | 6. Designating any highway as a through highway, as | 10 | | authorized in Section
11-302, and requiring that all | 11 | | vehicles stop before entering or crossing
the same or | 12 | | designating any intersection as a stop intersection or a | 13 | | yield
right-of-way intersection and requiring all vehicles | 14 | | to stop or yield the
right-of-way at one or more entrances | 15 | | to such intersections;
| 16 | | 7. Restricting the use of highways as authorized in | 17 | | Chapter 15;
| 18 | | 8. Regulating the operation of bicycles and requiring | 19 | | the
registration and licensing of same, including the | 20 | | requirement of a
registration fee;
| 21 | | 9. Regulating or prohibiting the turning of vehicles or | 22 | | specified
types of vehicles at intersections;
| 23 | | 10. Altering the speed limits as authorized in Section | 24 | | 11-604;
| 25 | | 11. Prohibiting U-turns;
| 26 | | 12. Prohibiting pedestrian crossings at other than |
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| 1 | | designated and marked
crosswalks or at intersections;
| 2 | | 13. Prohibiting parking during snow removal operation;
| 3 | | 14. Imposing fines in accordance with Section | 4 | | 11-1301.3 as penalties
for use of any parking place | 5 | | reserved for persons with disabilities, as defined
by | 6 | | Section 1-159.1, or disabled veterans by any person using a | 7 | | motor
vehicle not bearing registration plates specified in | 8 | | Section 11-1301.1
or a special decal or device as defined | 9 | | in Section 11-1301.2
as evidence that the vehicle is | 10 | | operated by or for a person
with disabilities or disabled | 11 | | veteran;
| 12 | | 15. Adopting such other traffic regulations as are | 13 | | specifically
authorized by this Code; or
| 14 | | 16. Enforcing the provisions of subsection (f) of | 15 | | Section 3-413 of this
Code or a similar local ordinance.
| 16 | | (b) No ordinance or regulation enacted under subsections 1, | 17 | | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 18 | | until signs giving
reasonable notice of such local traffic | 19 | | regulations are posted.
| 20 | | (c) The provisions of this Code shall not prevent any
| 21 | | municipality having a population of 500,000 or more inhabitants | 22 | | from
prohibiting any person from driving or operating any motor | 23 | | vehicle upon
the roadways of such municipality with headlamps | 24 | | on high beam or bright.
| 25 | | (d) The provisions of this Code shall not be deemed to | 26 | | prevent local
authorities within the reasonable exercise of |
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| 1 | | their police power from
prohibiting, on private property, the | 2 | | unauthorized use of parking spaces
reserved for persons with | 3 | | disabilities.
| 4 | | (e) No unit of local government, including a home rule | 5 | | unit, may enact or
enforce an ordinance that applies only to | 6 | | motorcycles if the principal purpose
for that ordinance is to | 7 | | restrict the access of motorcycles to any highway or
portion of | 8 | | a highway for which federal or State funds have been used for | 9 | | the
planning, design, construction, or maintenance of that | 10 | | highway. No unit of
local government, including a home rule | 11 | | unit, may enact an ordinance requiring
motorcycle users to wear | 12 | | protective headgear. Nothing in this subsection
(e) shall | 13 | | affect the authority of a unit of local government to regulate
| 14 | | motorcycles for traffic control purposes or in accordance with | 15 | | Section 12-602
of this Code. No unit of local government, | 16 | | including a home rule unit, may
regulate motorcycles in a | 17 | | manner inconsistent with this Code. This subsection
(e) is a | 18 | | limitation under subsection (i) of Section 6 of Article VII of | 19 | | the
Illinois Constitution on the concurrent exercise by home | 20 | | rule units of powers
and functions exercised by the State.
| 21 | | (f) A municipality or county designated in Section 11-208.6 | 22 | | may enact an ordinance providing for an
automated traffic law | 23 | | enforcement system to enforce violations of this Code or
a | 24 | | similar provision of a local ordinance and imposing liability | 25 | | on a registered owner of a vehicle used in such a violation.
| 26 | | (g) A municipality or county, as provided in Section |
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| 1 | | 11-1201.1, may enact an ordinance providing for an automated | 2 | | traffic law enforcement system to enforce violations of Section | 3 | | 11-1201 of this Code or a similar provision of a local | 4 | | ordinance and imposing liability on a registered owner of a | 5 | | vehicle used in such a violation. | 6 | | (h) A municipality or county designated in Section 11-208.8 | 7 | | may enact an ordinance providing for an
automated speed | 8 | | enforcement system to enforce violations of this Code or
a | 9 | | similar provision of a local ordinance and imposing liability | 10 | | on a registered owner of a vehicle used in such a violation. | 11 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11.)
| 12 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 13 | | Sec. 11-208.3. Administrative adjudication of violations | 14 | | of traffic
regulations concerning the standing, parking, or | 15 | | condition of
vehicles , and automated traffic law violations , | 16 | | and automated speed enforcement system violations .
| 17 | | (a) Any municipality or county may provide by ordinance for | 18 | | a system of
administrative adjudication of vehicular standing | 19 | | and parking violations and
vehicle compliance violations as | 20 | | defined in this subsection , and automated traffic law | 21 | | violations as defined in Section 11-208.6 or 11-1201.1 , and | 22 | | automated speed enforcement system violations as defined in | 23 | | Section 11-208.8 .
The administrative system shall have as its | 24 | | purpose the fair and
efficient enforcement of municipal or | 25 | | county regulations through the
administrative adjudication of |
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| 1 | | automated speed enforcement system or automated traffic law | 2 | | violations and violations of municipal or county ordinances
| 3 | | regulating the standing and parking of vehicles, the condition | 4 | | and use of
vehicle equipment, and the display of municipal or | 5 | | county wheel tax licenses within the
municipality's
or county's | 6 | | borders. The administrative system shall only have authority to | 7 | | adjudicate
civil offenses carrying fines not in excess of $500 | 8 | | or requiring the completion of a traffic education program, or | 9 | | both, that occur after the
effective date of the ordinance | 10 | | adopting such a system under this Section.
For purposes of this | 11 | | Section, "compliance violation" means a violation of a
| 12 | | municipal or county regulation governing the condition or use | 13 | | of equipment on a vehicle
or governing the display of a | 14 | | municipal or county wheel tax license.
| 15 | | (b) Any ordinance establishing a system of administrative | 16 | | adjudication
under this Section shall provide for:
| 17 | | (1) A traffic compliance administrator authorized to
| 18 | | adopt, distribute and
process parking, compliance, and | 19 | | automated speed enforcement system or automated traffic | 20 | | law violation notices and other notices required
by this
| 21 | | Section, collect money paid as fines and penalties for | 22 | | violation of parking
and compliance
ordinances and | 23 | | automated speed enforcement system or automated traffic | 24 | | law violations, and operate an administrative adjudication | 25 | | system. The traffic
compliance
administrator also may make | 26 | | a certified report to the Secretary of State
under Section |
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| 1 | | 6-306.5.
| 2 | | (2) A parking, standing, compliance, or automated | 3 | | speed enforcement system or automated traffic law | 4 | | violation notice
that
shall specify the date,
time, and | 5 | | place of violation of a parking, standing,
compliance, or | 6 | | automated speed enforcement system or automated traffic | 7 | | law
regulation; the particular regulation
violated; any | 8 | | requirement to complete a traffic education program; the | 9 | | fine and any penalty that may be assessed for late payment | 10 | | or failure to complete a required traffic education | 11 | | program, or both,
when so provided by ordinance; the | 12 | | vehicle make and state registration
number; and the | 13 | | identification number of the
person issuing the notice.
| 14 | | With regard to automated speed enforcement system or | 15 | | automated traffic law violations, vehicle make shall be | 16 | | specified on the automated speed enforcement system or | 17 | | automated traffic law violation notice if the make is | 18 | | available and readily discernible. With regard to | 19 | | municipalities or counties with a population of 1 million | 20 | | or more, it
shall be grounds for
dismissal of a parking
| 21 | | violation if the state registration number or vehicle make | 22 | | specified is
incorrect. The violation notice shall state | 23 | | that the completion of any required traffic education | 24 | | program, the payment of any indicated
fine, and the payment | 25 | | of any applicable penalty for late payment or failure to | 26 | | complete a required traffic education program, or both, |
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| 1 | | shall operate as a
final disposition of the violation. The | 2 | | notice also shall contain
information as to the | 3 | | availability of a hearing in which the violation may
be | 4 | | contested on its merits. The violation notice shall specify | 5 | | the
time and manner in which a hearing may be had.
| 6 | | (3) Service of the parking, standing, or compliance
| 7 | | violation notice by affixing the
original or a facsimile of | 8 | | the notice to an unlawfully parked vehicle or by
handing | 9 | | the notice to the operator of a vehicle if he or she is
| 10 | | present and service of an automated speed enforcement | 11 | | system or automated traffic law violation notice by mail to | 12 | | the
address
of the registered owner of the cited vehicle as | 13 | | recorded with the Secretary of
State within 30 days after | 14 | | the Secretary of State notifies the municipality or county | 15 | | of the identity of the owner of the vehicle, but in no | 16 | | event later than 90 days after the violation. A person | 17 | | authorized by ordinance to issue and serve parking,
| 18 | | standing, and compliance
violation notices shall certify | 19 | | as to the correctness of the facts entered
on the violation | 20 | | notice by signing his or her name to the notice at
the time | 21 | | of service or in the case of a notice produced by a | 22 | | computerized
device, by signing a single certificate to be | 23 | | kept by the traffic
compliance
administrator attesting to | 24 | | the correctness of all notices produced by the
device while | 25 | | it was under his or her control. In the case of an | 26 | | automated speed enforcement system violation, the |
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| 1 | | ordinance shall
require
a
determination by a technician | 2 | | employed or contracted by the municipality or county that,
| 3 | | based on inspection of recorded images, the motor vehicle | 4 | | was being operated in
violation of Section 11-208.8 or a | 5 | | local ordinance. The automated speed enforcement system | 6 | | ordinance shall require that all determinations by a | 7 | | technician that a motor vehicle was being operated in
| 8 | | violation of Section 11-208.8 or a local ordinance must be | 9 | | reviewed and approved by a law enforcement officer or | 10 | | retired law enforcement officer of the municipality or | 11 | | county issuing the violation or by an additional | 12 | | fully-trained reviewing technician who is not employed by | 13 | | the contractor who employs the technician who made the | 14 | | initial determination. In the case of an automated traffic | 15 | | law violation, the ordinance shall
require
a
determination | 16 | | by a technician employed or contracted by the municipality | 17 | | or county that,
based on inspection of recorded images, the | 18 | | motor vehicle was being operated in
violation of Section | 19 | | 11-208.6 or 11-1201.1 or a local ordinance.
If the | 20 | | technician determines that the
vehicle entered the | 21 | | intersection as part of a funeral procession or in order to
| 22 | | yield the right-of-way to an emergency vehicle, a citation | 23 | | shall not be issued. In municipalities with a population of | 24 | | less than 1,000,000 inhabitants and counties with a | 25 | | population of less than 3,000,000 inhabitants, the | 26 | | automated traffic law ordinance shall require that all |
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| 1 | | determinations by a technician that a motor vehicle was | 2 | | being operated in
violation of Section 11-208.6 or | 3 | | 11-1201.1 or a local ordinance must be reviewed and | 4 | | approved by a law enforcement officer or retired law | 5 | | enforcement officer of the municipality or county issuing | 6 | | the violation. In municipalities with a population of | 7 | | 1,000,000 or more inhabitants and counties with a | 8 | | population of 3,000,000 or more inhabitants, the automated | 9 | | traffic law ordinance shall require that all | 10 | | determinations by a technician that a motor vehicle was | 11 | | being operated in
violation of Section 11-208.6 or | 12 | | 11-1201.1 or a local ordinance must be reviewed and | 13 | | approved by a law enforcement officer or retired law | 14 | | enforcement officer of the municipality or county issuing | 15 | | the violation or by an additional fully-trained reviewing | 16 | | technician who is not employed by the contractor who | 17 | | employs the technician who made the initial determination. | 18 | | As used in this paragraph, "fully-trained reviewing | 19 | | technician" means a person who has received at least 40 | 20 | | hours of supervised training in subjects which shall | 21 | | include image inspection and interpretation, the elements | 22 | | necessary to prove a violation, license plate | 23 | | identification, and traffic safety and management. In all | 24 | | municipalities and counties, the automated speed | 25 | | enforcement system or automated traffic law ordinance | 26 | | shall require that no additional fee shall be charged to |
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| 1 | | the alleged violator for exercising his or her right to an | 2 | | administrative hearing, and persons shall be given at least | 3 | | 25 days following an administrative hearing to pay any | 4 | | civil penalty imposed by a finding that Section 11-208.6 , | 5 | | 11-208.8, or 11-1201.1 or a similar local ordinance has | 6 | | been violated. The original or a
facsimile of the violation | 7 | | notice or, in the case of a notice produced by a
| 8 | | computerized device, a printed record generated by the | 9 | | device showing the facts
entered on the notice, shall be | 10 | | retained by the
traffic compliance
administrator, and | 11 | | shall be a record kept in the ordinary course of
business. | 12 | | A parking, standing, compliance, automated speed | 13 | | enforcement system, or automated traffic law violation | 14 | | notice issued,
signed and served in
accordance with this | 15 | | Section, a copy of the notice, or the computer
generated | 16 | | record shall be prima facie
correct and shall be prima | 17 | | facie evidence of the correctness of the facts
shown on the | 18 | | notice. The notice, copy, or computer generated
record | 19 | | shall be admissible in any
subsequent administrative or | 20 | | legal proceedings.
| 21 | | (4) An opportunity for a hearing for the registered | 22 | | owner of the
vehicle cited in the parking, standing, | 23 | | compliance, automated speed enforcement system, or | 24 | | automated traffic law violation notice in
which the owner | 25 | | may
contest the merits of the alleged violation, and during | 26 | | which formal or
technical rules of evidence shall not |
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| 1 | | apply; provided, however, that under
Section 11-1306 of | 2 | | this Code the lessee of a vehicle cited in the
violation | 3 | | notice likewise shall be provided an opportunity for a | 4 | | hearing of
the same kind afforded the registered owner. The | 5 | | hearings shall be
recorded, and the person conducting the | 6 | | hearing on behalf of the traffic
compliance
administrator | 7 | | shall be empowered to administer oaths and to secure by
| 8 | | subpoena both the attendance and testimony of witnesses and | 9 | | the production
of relevant books and papers. Persons | 10 | | appearing at a hearing under this
Section may be | 11 | | represented by counsel at their expense. The ordinance may
| 12 | | also provide for internal administrative review following | 13 | | the decision of
the hearing officer.
| 14 | | (5) Service of additional notices, sent by first class | 15 | | United States
mail, postage prepaid, to the address of the | 16 | | registered owner of the cited
vehicle as recorded with the | 17 | | Secretary of State or, if any notice to that address is | 18 | | returned as undeliverable, to the last known address | 19 | | recorded in a United States Post Office approved database,
| 20 | | or, under Section 11-1306
of this Code, to the lessee of | 21 | | the cited vehicle at the last address known
to the lessor | 22 | | of the cited vehicle at the time of lease or, if any notice | 23 | | to that address is returned as undeliverable, to the last | 24 | | known address recorded in a United States Post Office | 25 | | approved database.
The service shall
be deemed complete as | 26 | | of the date of deposit in the United States mail.
The |
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| 1 | | notices shall be in the following sequence and shall | 2 | | include but not be
limited to the information specified | 3 | | herein:
| 4 | | (i) A second notice of parking, standing, or | 5 | | compliance violation. This notice shall specify the
| 6 | | date and location of the violation cited in the | 7 | | parking,
standing,
or compliance violation
notice, the | 8 | | particular regulation violated, the vehicle
make and | 9 | | state registration number, any requirement to complete | 10 | | a traffic education program, the fine and any penalty | 11 | | that may be
assessed for late payment or failure to | 12 | | complete a traffic education program, or both, when so | 13 | | provided by ordinance, the availability
of a hearing in | 14 | | which the violation may be contested on its merits, and | 15 | | the
time and manner in which the hearing may be had. | 16 | | The notice of violation
shall also state that failure | 17 | | to complete a required traffic education program, to | 18 | | pay the indicated fine and any
applicable penalty, or | 19 | | to appear at a hearing on the merits in the time and
| 20 | | manner specified, will result in a final determination | 21 | | of violation
liability for the cited violation in the | 22 | | amount of the fine or penalty
indicated, and that, upon | 23 | | the occurrence of a final determination of violation | 24 | | liability for the failure, and the exhaustion of, or
| 25 | | failure to exhaust, available administrative or | 26 | | judicial procedures for
review, any incomplete traffic |
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| 1 | | education program or any unpaid fine or penalty, or | 2 | | both, will constitute a debt due and owing
the | 3 | | municipality or county.
| 4 | | (ii) A notice of final determination of parking, | 5 | | standing,
compliance, automated speed enforcement | 6 | | system, or automated traffic law violation liability.
| 7 | | This notice shall be sent following a final | 8 | | determination of parking,
standing, compliance, | 9 | | automated speed enforcement system, or automated | 10 | | traffic law
violation liability and the conclusion of | 11 | | judicial review procedures taken
under this Section. | 12 | | The notice shall state that the incomplete traffic | 13 | | education program or the unpaid fine or
penalty, or | 14 | | both, is a debt due and owing the municipality or | 15 | | county. The notice shall contain
warnings that failure | 16 | | to complete any required traffic education program or | 17 | | to pay any fine or penalty due and owing the
| 18 | | municipality or county, or both, within the time | 19 | | specified may result in the municipality's
or county's | 20 | | filing of a petition in the Circuit Court to have the | 21 | | incomplete traffic education program or unpaid
fine or | 22 | | penalty, or both, rendered a judgment as provided by | 23 | | this Section, or may
result in suspension of the | 24 | | person's drivers license for failure to complete a | 25 | | traffic education program or to pay
fines or penalties, | 26 | | or both, for 10 or more parking violations under |
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| 1 | | Section 6-306.5 , or 5 or more automated traffic law | 2 | | violations under Section 11-208.6 , or 5 or more | 3 | | automated speed enforcement system violations under | 4 | | Section 11-208.8 .
| 5 | | (6) A notice of impending drivers license suspension. | 6 | | This
notice shall be sent to the person liable for failure | 7 | | to complete a required traffic education program or to pay | 8 | | any fine or penalty that
remains due and owing, or both, on | 9 | | 10 or more parking
violations or 5 or more unpaid automated | 10 | | speed enforcement system or automated traffic law | 11 | | violations. The notice
shall state that failure to complete | 12 | | a required traffic education program or to pay the fine or | 13 | | penalty owing, or both, within 45 days of
the notice's date | 14 | | will result in the municipality or county notifying the | 15 | | Secretary
of State that the person is eligible for | 16 | | initiation of suspension
proceedings under Section 6-306.5 | 17 | | of this Code. The notice shall also state
that the person | 18 | | may obtain a photostatic copy of an original ticket | 19 | | imposing a
fine or penalty by sending a self addressed, | 20 | | stamped envelope to the
municipality or county along with a | 21 | | request for the photostatic copy.
The notice of impending
| 22 | | drivers license suspension shall be sent by first class | 23 | | United States mail,
postage prepaid, to the address | 24 | | recorded with the Secretary of State or, if any notice to | 25 | | that address is returned as undeliverable, to the last | 26 | | known address recorded in a United States Post Office |
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| 1 | | approved database.
| 2 | | (7) Final determinations of violation liability. A | 3 | | final
determination of violation liability shall occur | 4 | | following failure to complete the required traffic | 5 | | education program or
to pay the fine or penalty, or both, | 6 | | after a hearing officer's determination of violation | 7 | | liability and the exhaustion of or failure to exhaust any
| 8 | | administrative review procedures provided by ordinance. | 9 | | Where a person
fails to appear at a hearing to contest the | 10 | | alleged violation in the time
and manner specified in a | 11 | | prior mailed notice, the hearing officer's
determination | 12 | | of violation liability shall become final: (A) upon
denial | 13 | | of a timely petition to set aside that determination, or | 14 | | (B) upon
expiration of the period for filing the petition | 15 | | without a
filing having been made.
| 16 | | (8) A petition to set aside a determination of parking, | 17 | | standing,
compliance, automated speed enforcement system, | 18 | | or automated traffic law violation
liability that may be | 19 | | filed by a person owing an unpaid fine or penalty. A | 20 | | petition to set aside a determination of liability may also | 21 | | be filed by a person required to complete a traffic | 22 | | education program.
The petition shall be filed with and | 23 | | ruled upon by the traffic compliance
administrator in the | 24 | | manner and within the time specified by ordinance.
The | 25 | | grounds for the petition may be limited to: (A) the person | 26 | | not having
been the owner or lessee of the cited vehicle on |
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| 1 | | the date the
violation notice was issued, (B) the person | 2 | | having already completed the required traffic education | 3 | | program or paid the fine or
penalty, or both, for the | 4 | | violation in question, and (C) excusable failure to
appear | 5 | | at or
request a new date for a hearing.
With regard to | 6 | | municipalities or counties with a population of 1 million | 7 | | or more, it
shall be grounds for
dismissal of a
parking | 8 | | violation if the state registration number, or vehicle make | 9 | | if specified, is
incorrect. After the determination of
| 10 | | parking, standing, compliance, automated speed enforcement | 11 | | system, or automated traffic law violation liability has | 12 | | been set aside
upon a showing of just
cause, the registered | 13 | | owner shall be provided with a hearing on the merits
for | 14 | | that violation.
| 15 | | (9) Procedures for non-residents. Procedures by which | 16 | | persons who are
not residents of the municipality or county | 17 | | may contest the merits of the alleged
violation without | 18 | | attending a hearing.
| 19 | | (10) A schedule of civil fines for violations of | 20 | | vehicular standing,
parking, compliance, automated speed | 21 | | enforcement system, or automated traffic law regulations | 22 | | enacted by ordinance pursuant to this
Section, and a
| 23 | | schedule of penalties for late payment of the fines or | 24 | | failure to complete required traffic education programs, | 25 | | provided, however,
that the total amount of the fine and | 26 | | penalty for any one violation shall
not exceed $250, except |
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| 1 | | as provided in subsection (c) of Section 11-1301.3 of this | 2 | | Code.
| 3 | | (11) Other provisions as are necessary and proper to | 4 | | carry into
effect the powers granted and purposes stated in | 5 | | this Section.
| 6 | | (c) Any municipality or county establishing vehicular | 7 | | standing, parking,
compliance, automated speed enforcement | 8 | | system, or automated traffic law
regulations under this Section | 9 | | may also provide by ordinance for a
program of vehicle | 10 | | immobilization for the purpose of facilitating
enforcement of | 11 | | those regulations. The program of vehicle
immobilization shall | 12 | | provide for immobilizing any eligible vehicle upon the
public | 13 | | way by presence of a restraint in a manner to prevent operation | 14 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 15 | | immobilization under this Section shall provide:
| 16 | | (1) Criteria for the designation of vehicles eligible | 17 | | for
immobilization. A vehicle shall be eligible for | 18 | | immobilization when the
registered owner of the vehicle has | 19 | | accumulated the number of incomplete traffic education | 20 | | programs or unpaid final
determinations of parking, | 21 | | standing, compliance, automated speed enforcement system, | 22 | | or automated traffic law violation liability, or both, as
| 23 | | determined by ordinance.
| 24 | | (2) A notice of impending vehicle immobilization and a | 25 | | right to a
hearing to challenge the validity of the notice | 26 | | by disproving liability
for the incomplete traffic |
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| 1 | | education programs or unpaid final determinations of | 2 | | parking, standing, compliance, automated speed enforcement | 3 | | system, or automated traffic law
violation liability, or | 4 | | both, listed
on the notice.
| 5 | | (3) The right to a prompt hearing after a vehicle has | 6 | | been immobilized
or subsequently towed without the | 7 | | completion of the required traffic education program or | 8 | | payment of the outstanding fines and
penalties on parking, | 9 | | standing, compliance, automated speed enforcement system, | 10 | | or automated traffic law violations, or both, for which | 11 | | final
determinations have been
issued. An order issued | 12 | | after the hearing is a final administrative
decision within | 13 | | the meaning of Section 3-101 of the Code of Civil | 14 | | Procedure.
| 15 | | (4) A post immobilization and post-towing notice | 16 | | advising the registered
owner of the vehicle of the right | 17 | | to a hearing to challenge the validity
of the impoundment.
| 18 | | (d) Judicial review of final determinations of parking, | 19 | | standing,
compliance, automated speed enforcement system, or | 20 | | automated traffic law
violations and final administrative | 21 | | decisions issued after hearings
regarding vehicle | 22 | | immobilization and impoundment made
under this Section shall be | 23 | | subject to the provisions of
the Administrative Review Law.
| 24 | | (e) Any fine, penalty, incomplete traffic education | 25 | | program, or part of any fine or any penalty remaining
unpaid | 26 | | after the exhaustion of, or the failure to exhaust, |
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| 1 | | administrative
remedies created under this Section and the | 2 | | conclusion of any judicial
review procedures shall be a debt | 3 | | due and owing the municipality or county and, as
such, may be | 4 | | collected in accordance with applicable law. Completion of any | 5 | | required traffic education program and payment in full
of any | 6 | | fine or penalty resulting from a standing, parking,
compliance, | 7 | | automated speed enforcement system, or automated traffic law | 8 | | violation shall
constitute a final disposition of that | 9 | | violation.
| 10 | | (f) After the expiration of the period within which | 11 | | judicial review may
be sought for a final determination of | 12 | | parking, standing, compliance, automated speed enforcement | 13 | | system, or automated traffic law
violation, the municipality
or | 14 | | county may commence a proceeding in the Circuit Court for | 15 | | purposes of obtaining a
judgment on the final determination of | 16 | | violation. Nothing in this
Section shall prevent a municipality | 17 | | or county from consolidating multiple final
determinations of | 18 | | parking, standing, compliance, automated speed enforcement | 19 | | system, or automated traffic law violations against a
person in | 20 | | a proceeding.
Upon commencement of the action, the municipality | 21 | | or county shall file a certified
copy or record of the final | 22 | | determination of parking, standing, compliance, automated | 23 | | speed enforcement system, or automated traffic law
violation, | 24 | | which shall be
accompanied by a certification that recites | 25 | | facts sufficient to show that
the final determination of | 26 | | violation was
issued in accordance with this Section and the |
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| 1 | | applicable municipal
or county ordinance. Service of the | 2 | | summons and a copy of the petition may be by
any method | 3 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 4 | | certified mail, return receipt requested, provided that the | 5 | | total amount of
fines and penalties for final determinations of | 6 | | parking, standing,
compliance, automated speed enforcement | 7 | | system, or automated traffic law violations does not
exceed | 8 | | $2500. If the court is satisfied that the final determination | 9 | | of
parking, standing, compliance, automated speed enforcement | 10 | | system, or automated traffic law violation was entered in | 11 | | accordance with
the requirements of
this Section and the | 12 | | applicable municipal or county ordinance, and that the | 13 | | registered
owner or the lessee, as the case may be, had an | 14 | | opportunity for an
administrative hearing and for judicial | 15 | | review as provided in this Section,
the court shall render | 16 | | judgment in favor of the municipality or county and against
the | 17 | | registered owner or the lessee for the amount indicated in the | 18 | | final
determination of parking, standing, compliance, | 19 | | automated speed enforcement system, or automated traffic law | 20 | | violation, plus costs.
The judgment shall have
the same effect | 21 | | and may be enforced in the same manner as other judgments
for | 22 | | the recovery of money.
| 23 | | (g) The fee for participating in a traffic education | 24 | | program under this Section shall not exceed $25. | 25 | | A low-income individual required to complete a traffic | 26 | | education program under this Section who provides proof of |
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| 1 | | eligibility for the federal earned income tax credit under | 2 | | Section 32 of the Internal Revenue Code or the Illinois earned | 3 | | income tax credit under Section 212 of the Illinois Income Tax | 4 | | Act shall not be required to pay any fee for participating in a | 5 | | required traffic education program. | 6 | | (Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; | 7 | | 96-478, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1016, eff. | 8 | | 1-1-11; 96-1386, eff. 7-29-10; revised 9-16-10.)
| 9 | | (625 ILCS 5/11-208.8 new) | 10 | | Sec. 11-208.8. Automated speed enforcement systems in | 11 | | school zones. | 12 | | (a) As used in this Section: | 13 | | "Automated speed enforcement
system" means a photographic | 14 | | device, radar device, laser device, or other electrical or | 15 | | mechanical device or devices installed in a school zone | 16 | | designed to record the speed of a vehicle and obtain a clear | 17 | | photograph or other recorded image of the vehicle, the vehicle | 18 | | operator, and the vehicle's registration plate while the driver | 19 | | is violating Section 11-605 of the Illinois Vehicle Code. | 20 | | An automated speed enforcement system is a system, in a | 21 | | school zone under the jurisdiction of a municipality or county | 22 | | operated by a governmental agency, that produces a recorded | 23 | | image of a motor vehicle's violation of a provision of this | 24 | | Code or a local ordinance and is designed to obtain a clear | 25 | | recorded image of the vehicle and the vehicle's license plate. |
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| 1 | | The recorded image must also display the time, date, and | 2 | | location of the violation. A law enforcement officer is not | 3 | | required to be present or to witness the violation. | 4 | | "Owner" means the person or entity to whom the vehicle is | 5 | | registered. | 6 | | "Recorded image" means images
recorded by an automated | 7 | | speed enforcement system on: | 8 | | (1) 2 or more photographs; | 9 | | (2) 2 or more microphotographs; | 10 | | (3) 2 or more electronic images; or | 11 | | (4) a video recording showing the motor vehicle and, on | 12 | | at
least one image or portion of the recording, clearly | 13 | | identifying the
registration plate number of the motor | 14 | | vehicle. | 15 | | (b) A municipality or
county that
produces a recorded image | 16 | | of a motor vehicle's
violation of a provision of this Code or a | 17 | | local ordinance must make the recorded images of a violation | 18 | | accessible to the alleged violator by providing the alleged | 19 | | violator with a website address, accessible through the | 20 | | Internet. | 21 | | (c) Notwithstanding any other consequence imposed for any | 22 | | similar violation of the Illinois Vehicle Code, the penalty for | 23 | | and consequence of a traffic violation recorded by an automated | 24 | | speed enforcement system is a civil fine of $50 for a first | 25 | | violation and $100 for a second or subsequent violation | 26 | | committed within a year of the first violation. Unless the |
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| 1 | | driver of the motor vehicle received a Uniform
Traffic Citation | 2 | | from a police officer at the time of the violation,
the motor | 3 | | vehicle owner is subject to the civil penalty under this | 4 | | subsection (c), plus an additional penalty of not more than | 5 | | $100 for failure to pay the original penalty in a timely | 6 | | manner, if the motor vehicle is recorded by an automated speed
| 7 | | enforcement system. A violation for which a civil penalty is | 8 | | imposed
under this Section is not a violation of a traffic | 9 | | regulation governing
the movement of vehicles and may not be | 10 | | recorded on the driving record
of the owner of the vehicle. | 11 | | (c) For each violation of a provision of this Code or a | 12 | | local ordinance
recorded by an automated speed enforcement | 13 | | system, the county or municipality having
jurisdiction shall | 14 | | issue a written notice of the
violation to the registered owner | 15 | | of the vehicle as the alleged
violator. The notice shall be | 16 | | delivered to the registered
owner of the vehicle, by mail, | 17 | | within 30 days after the Secretary of State notifies the | 18 | | municipality or county of the identity of the owner of the | 19 | | vehicle, but in no event later than 90 days after the | 20 | | violation. | 21 | | (d) The notice shall include: | 22 | | (1) the name and address of the registered owner of the
| 23 | | vehicle; | 24 | | (2) the registration number of the motor vehicle
| 25 | | involved in the violation; | 26 | | (3) the violation charged; |
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| 1 | | (4) the date, time, and location where the violation | 2 | | occurred; | 3 | | (5) a copy of the recorded image or images; | 4 | | (6) the amount of the civil penalty imposed and the | 5 | | date
by which the civil penalty should be paid; | 6 | | (7) a statement that recorded images are evidence of a
| 7 | | violation of a speed restriction; | 8 | | (8) a warning that failure to pay the civil penalty or | 9 | | to
contest liability in a timely manner is an admission of
| 10 | | liability and may result in a suspension of the driving
| 11 | | privileges of the registered owner of the vehicle; | 12 | | (9) a statement that the person may elect to proceed | 13 | | by: | 14 | | (A) paying the fine; or | 15 | | (B) challenging the charge in court, by mail, or by | 16 | | administrative hearing; and | 17 | | (10) a website address, accessible through the
| 18 | | Internet, where the person may view the recorded images of | 19 | | the violation. | 20 | | (e) If a person
charged with a traffic violation, as a | 21 | | result of an automated speed enforcement system, does not pay | 22 | | the fine or successfully contest the civil
penalty resulting | 23 | | from that violation, the Secretary of State shall suspend the
| 24 | | driving privileges of the
registered owner of the vehicle under | 25 | | Section 6-306.5 of this Code for failing
to pay any fine or | 26 | | penalty
due and owing, or both, as a result of 5 violations of |
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| 1 | | the automated speed enforcement system. | 2 | | (f) Based on inspection of recorded images produced by an
| 3 | | automated speed enforcement system, a notice alleging that the | 4 | | violation occurred shall be evidence of the facts contained
in | 5 | | the notice and admissible in any proceeding alleging a
| 6 | | violation under this Section. | 7 | | (g) Recorded images made by an automated speed
enforcement | 8 | | system are confidential and shall be made
available only to the | 9 | | alleged violator and governmental and
law enforcement agencies | 10 | | for purposes of adjudicating a
violation of this Section, for | 11 | | statistical purposes, or for other governmental purposes. Any | 12 | | recorded image evidencing a
violation of this Section, however, | 13 | | may be admissible in
any proceeding resulting from the issuance | 14 | | of the citation. | 15 | | (h) The court or hearing officer may consider in defense of | 16 | | a violation: | 17 | | (1) that the motor vehicle or registration plates of | 18 | | the motor
vehicle were stolen before the violation occurred | 19 | | and not
under the control of or in the possession of the | 20 | | owner at
the time of the violation; | 21 | | (2) that the driver of the motor vehicle received a | 22 | | Uniform Traffic Citation from a police officer at the time | 23 | | of the violation for the same offence; and | 24 | | (3) any other evidence or issues provided by municipal | 25 | | or county ordinance. | 26 | | (i) To demonstrate that the motor vehicle or the |
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| 1 | | registration
plates were stolen before the violation occurred | 2 | | and were not under the
control or possession of the owner at | 3 | | the time of the violation, the
owner must submit proof that a | 4 | | report concerning the stolen
motor vehicle or registration | 5 | | plates was filed with a law enforcement agency in a timely | 6 | | manner. | 7 | | (j) A road equipped with an automated speed enforcement | 8 | | system shall be posted with a sign visible to approaching | 9 | | traffic. The sign shall state that vehicle speeds are being | 10 | | monitored, shall state that citations will be issued, and shall | 11 | | provide the amount of the civil penalty for a violation. | 12 | | (k) A road where a new automated speed enforcement system | 13 | | is installed shall be posted with signs providing 30 days | 14 | | notice of the use of a new automated speed enforcement system | 15 | | prior to the issuance of any citations through the automated | 16 | | speed enforcement system. | 17 | | (l) The compensation paid for an automated speed | 18 | | enforcement system
must be based on the value of the equipment | 19 | | or the services provided and may
not be based on the number of | 20 | | traffic citations issued or the revenue generated
by the | 21 | | system. | 22 | | (m) 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 | | (n) If any part of this Section is for
any reason held to | 2 | | be unconstitutional, such decision shall not affect
the | 3 | | remaining parts of this Section. The General Assembly hereby | 4 | | declares
that it would have passed the remaining parts of this | 5 | | Section irrespective of the fact that one or more parts might | 6 | | be declared unconstitutional. | 7 | | (625 ILCS 5/11-612)
| 8 | | Sec. 11-612. Certain systems to record vehicle speeds | 9 | | prohibited. Except as authorized in the Automated Traffic | 10 | | Control Systems in Highway Construction or Maintenance Zones | 11 | | Act and Section 11-208.8 of this Code , no photographic, video, | 12 | | or other imaging system may be used in this State to record | 13 | | vehicle speeds for the purpose of enforcing any law or | 14 | | ordinance regarding a maximum or minimum speed limit unless a | 15 | | law enforcement officer is present at the scene and witnesses | 16 | | the event. No State or local governmental entity, including a | 17 | | home rule county or municipality, may use such a system in a | 18 | | way that is prohibited by this Section. The regulation of the | 19 | | use of such systems is an exclusive power and function of the | 20 | | State. This Section is a denial and limitation of home rule | 21 | | powers and functions under subsection (h) of Section 6 of | 22 | | Article VII of the Illinois Constitution.
| 23 | | (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | 24 | | 94-814, eff. 1-1-07.)
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| 1 | | (625 ILCS 5/12-610.5)
| 2 | | Sec. 12-610.5. Registration plate covers.
| 3 | | (a) In this Section, "registration plate cover" means any | 4 | | tinted, colored, painted, marked, clear, or illuminated object | 5 | | that is designed to: | 6 | | (1) cover any of the characters of a motor vehicle's | 7 | | registration plate; or | 8 | | (2) distort a recorded image of any of the characters | 9 | | of a motor vehicle's registration plate recorded by an | 10 | | automated traffic law
enforcement system as defined in | 11 | | Section 11-208.6
of this Code or an automated speed | 12 | | enforcement system as defined in Section 11-208.8 of this | 13 | | Code, or recorded by an automated traffic control system as | 14 | | defined in Section 15 of the Automated Traffic Control | 15 | | Systems in Highway Construction or Maintenance Zones Act.
| 16 | | (b) It shall be unlawful to operate any motor vehicle that | 17 | | is equipped with
registration plate covers. | 18 | | (c) A person may not sell or offer for sale a registration | 19 | | plate cover. | 20 | | (d) A person may not advertise for the purpose of promoting | 21 | | the sale of registration plate covers.
| 22 | | (e) A violation of this Section or a similar provision of a | 23 | | local ordinance
shall be an offense against laws and ordinances | 24 | | regulating the movement of
traffic.
| 25 | | (Source: P.A. 96-328, eff. 8-11-09.)".
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