Illinois General Assembly - Full Text of SB3504
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Full Text of SB3504  97th General Assembly

SB3504 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3504

 

Introduced 2/8/2012, by Sen. Dan Duffy

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Illinois Vehicle Code. In the Section concerning automated traffic law enforcement systems, provides that a minimal yellow light change interval at an intersection where an automated system is operating shall be established in accordance with nationally recognized engineering standards, and may not be less than the recognized national standard plus one additional second. Provides that a municipality or county that has one or more intersections equipped with an automated system must time the operation of the yellow lights and yellow arrows so that the steady yellow indication conforms with the new requirements. Provides that a municipality or county using an automated system shall test the system for accuracy at regular intervals and record and maintain the results of each test. Provides testing procedures. Provides that the test results shall be a public record subject to inspection under the Freedom of Information Act and available on the Internet. Requires traffic enforcement camera manufacturers to submit their installed equipment for independent testing from a non-associated third party to establish and confirm the accuracy of the equipment. Provides additional equipment requirements. Provides that any system not meeting the manufacturer's minimum accuracy requirements shall be removed from service and may not be used again until the system has been serviced and calibrated by a qualified independent technician. Provides that the duration of the yellow or red light of any traffic control device at which an automated system is installed may not be decreased prior to the installation of the automated system or during the time for which the system is operated. Amends the State Mandates Act to require implementation without reimbursement by the State.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208.6 as follows:
 
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system on:

 

 

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1        (1) 2 or more photographs;
2        (2) 2 or more microphotographs;
3        (3) 2 or more electronic images; or
4        (4) a video recording showing the motor vehicle and, on
5    at least one image or portion of the recording, clearly
6    identifying the registration plate number of the motor
7    vehicle.
8    (b-5) A municipality or county that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance must make the recorded images of a
11violation accessible to the alleged violator by providing the
12alleged violator with a website address, accessible through the
13Internet.
14    (c) A county or municipality, including a home rule county
15or municipality, may not use an automated traffic law
16enforcement system to provide recorded images of a motor
17vehicle for the purpose of recording its speed. The regulation
18of the use of automated traffic law enforcement systems to
19record vehicle speeds is an exclusive power and function of the
20State. This subsection (c) is a denial and limitation of home
21rule powers and functions under subsection (h) of Section 6 of
22Article VII of the Illinois Constitution.
23    (c-5) A county or municipality, including a home rule
24county or municipality, may not use an automated traffic law
25enforcement system to issue violations in instances where the
26motor vehicle comes to a complete stop and does not enter the

 

 

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1intersection, as defined by Section 1-132 of this Code, during
2the cycle of the red signal indication unless one or more
3pedestrians or bicyclists are present, even if the motor
4vehicle stops at a point past a stop line or crosswalk where a
5driver is required to stop, as specified in subsection (c) of
6Section 11-306 of this Code or a similar provision of a local
7ordinance.
8    (c-6) A county, or a municipality with less than 2,000,000
9inhabitants, including a home rule county or municipality, may
10not use an automated traffic law enforcement system to issue
11violations in instances where a motorcyclist enters an
12intersection against a red signal indication when the red
13signal fails to change to a green signal within a reasonable
14period of time because of a signal malfunction or because the
15signal has failed to detect the arrival of the motorcycle due
16to the motorcycle's size or weight.
17    (d) For each violation of a provision of this Code or a
18local ordinance recorded by an automatic traffic law
19enforcement system, the county or municipality having
20jurisdiction shall issue a written notice of the violation to
21the registered owner of the vehicle as the alleged violator.
22The notice shall be delivered to the registered owner of the
23vehicle, by mail, within 30 days after the Secretary of State
24notifies the municipality or county of the identity of the
25owner of the vehicle, but in no event later than 90 days after
26the violation.

 

 

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

 

 

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

 

 

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1    (h) The court or hearing officer may consider in defense of
2a violation:
3        (1) that the motor vehicle or registration plates of
4    the motor vehicle were stolen before the violation occurred
5    and not under the control of or in the possession of the
6    owner at the time of the violation;
7        (2) that the driver of the vehicle passed through the
8    intersection when the light was red either (i) in order to
9    yield the right-of-way to an emergency vehicle or (ii) as
10    part of a funeral procession; and
11        (3) any other evidence or issues provided by municipal
12    or county ordinance.
13    (i) To demonstrate that the motor vehicle or the
14registration plates were stolen before the violation occurred
15and were not under the control or possession of the owner at
16the time of the violation, the owner must submit proof that a
17report concerning the stolen motor vehicle or registration
18plates was filed with a law enforcement agency in a timely
19manner.
20    (j) Unless the driver of the motor vehicle received a
21Uniform Traffic Citation from a police officer at the time of
22the violation, the motor vehicle owner is subject to a civil
23penalty not exceeding $100 or the completion of a traffic
24education program, or both, plus an additional penalty of not
25more than $100 for failure to pay the original penalty or to
26complete a required traffic education program, or both, in a

 

 

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1timely manner, if the motor vehicle is recorded by an automated
2traffic law enforcement system. A violation for which a civil
3penalty is imposed under this Section is not a violation of a
4traffic regulation governing the movement of vehicles and may
5not be recorded on the driving record of the owner of the
6vehicle.
7    (j-3) A registered owner who is a holder of a valid
8commercial driver's license is not required to complete a
9traffic education program.
10    (j-5) For purposes of the required traffic education
11program only, a registered owner may submit an affidavit to the
12court or hearing officer swearing that at the time of the
13alleged violation, the vehicle was in the custody and control
14of another person. The affidavit must identify the person in
15custody and control of the vehicle, including the person's name
16and current address. The person in custody and control of the
17vehicle at the time of the violation is required to complete
18the required traffic education program. If the person in
19custody and control of the vehicle at the time of the violation
20completes the required traffic education program, the
21registered owner of the vehicle is not required to complete a
22traffic education program.
23    (k) An intersection equipped with an automated traffic law
24enforcement system must be posted with a sign visible to
25approaching traffic indicating that the intersection is being
26monitored by an automated traffic law enforcement system.

 

 

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1    (k-3) A municipality or county that has one or more
2intersections equipped with an automated traffic law
3enforcement system must provide notice to drivers by posting
4the locations of automated traffic law systems on the
5municipality or county website.
6    (k-5) An intersection equipped with an automated traffic
7law enforcement system must have a yellow change interval that
8conforms with the Illinois Manual on Uniform Traffic Control
9Devices (IMUTCD) published by the Illinois Department of
10Transportation. The minimal yellow light change interval shall
11be established in accordance with nationally recognized
12engineering standards using the 85th percentile approach
13traffic speed, derived from engineering speed studies
14conducted under good conditions and not influenced by law
15enforcement actions or visible speed display signs, and any
16established time may not be less than the recognized national
17standard plus one additional second. A municipality or county
18that has one or more intersections equipped with an automated
19traffic law enforcement system must time the operation of the
20visible steady yellow lights and visible steady yellow arrows
21of those traffic control signals so that the steady yellow
22indication conforms with the requirements of this subsection
23(k-5). A municipality or county using an automated traffic law
24enforcement system shall at its own expense test the system for
25timing accuracy annually or immediately after damage or erratic
26operation and record and maintain the results of each test.

 

 

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1Each associated traffic signal shall have each of its red,
2yellow and green signals video recorded for 3 successive timing
3intervals by independent video technicians not connected to any
4automated traffic law enforcement system vendor. The recorded
5timing intervals shall be time checked by forensic video
6analysts using imbedded video stop watch and frame counter
7software to ensure accuracy, and the written and video test
8results shall be a public record subject to inspection under
9the Freedom of Information Act. Written and video timings shall
10be available on the Internet. Each traffic enforcement camera
11manufacturer shall submit their installed equipment for
12independent testing and their complete equipment
13specifications for review by a non-associated third party to
14establish and confirm the accuracy of the equipment. All
15automated law enforcement system equipment manufacturers and
16vendors shall confirm in writing that their equipment operates
17in accordance with current National Television System
18Committee standards. Any system not meeting the manufacturer's
19minimum accuracy requirements and electrical standards or
20failing independent testing shall immediately be removed from
21service. Systems removed for not meeting the manufacturer's
22minimum accuracy requirements or electrical standards may not
23be used by the county or municipality, nor may any charges for
24violations based on video evidence from the defective system be
25made by a law enforcement agency, until the system has been
26serviced and calibrated at the expense of the county or

 

 

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1municipality by a qualified independent technician. A repaired
2automated law enforcement system shall be re-submitted to a
3non-associated third party for testing to establish and confirm
4the accuracy of the equipment. Video evidence produced by the
5equipment may not be used as evidence of a violation until the
6system meet the requirements of this subsection (k-5).
7    (k-6) The visual duration of the steady yellow or red light
8and arrows of any traffic control device at which an automated
9traffic law enforcement system is installed may not be
10decreased prior to the installation of the automated traffic
11law enforcement system or during the time for which the system
12is operated.
13    (k-7) A municipality or county operating an automated
14traffic law enforcement system shall conduct a statistical
15analysis to assess the safety impact of each automated traffic
16law enforcement system at an intersection following
17installation of the system. The statistical analysis shall be
18based upon the best available crash, traffic, and other data,
19and shall cover a period of time before and after installation
20of the system sufficient to provide a statistically valid
21comparison of safety impact. The statistical analysis shall be
22consistent with professional judgment and acceptable industry
23practice. The statistical analysis also shall be consistent
24with the data required for valid comparisons of before and
25after conditions and shall be conducted within a reasonable
26period following the installation of the automated traffic law

 

 

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1enforcement system. The statistical analysis required by this
2subsection (k-7) shall be made available to the public and
3shall be published on the website of the municipality or
4county. If the statistical analysis for the 36 month period
5following installation of the system indicates that there has
6been an increase in the rate of accidents at the approach to
7the intersection monitored by the system, the municipality or
8county shall undertake additional studies to determine the
9cause and severity of the accidents, and may take any action
10that it determines is necessary or appropriate to reduce the
11number or severity of the accidents at that intersection.
12    (l) The compensation paid for an automated traffic law
13enforcement system must be based on the value of the equipment
14or the services provided and may not be based on the number of
15traffic citations issued or the revenue generated by the
16system.
17    (m) This Section applies only to the counties of Cook,
18DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
19to municipalities located within those counties.
20    (n) The fee for participating in a traffic education
21program under this Section shall not exceed $25.
22    A low-income individual required to complete a traffic
23education program under this Section who provides proof of
24eligibility for the federal earned income tax credit under
25Section 32 of the Internal Revenue Code or the Illinois earned
26income tax credit under Section 212 of the Illinois Income Tax

 

 

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1Act shall not be required to pay any fee for participating in a
2required traffic education program.
3    (o) A municipality or county shall make a certified report
4to the Secretary of State pursuant to Section 6-306.5 of this
5Code whenever a registered owner of a vehicle has failed to pay
6any fine or penalty due and owing as a result of 5 offenses for
7automated traffic law violations.
8    (p) No person who is the lessor of a motor vehicle pursuant
9to a written lease agreement shall be liable for an automated
10traffic law enforcement system violation involving such motor
11vehicle during the period of the lease; provided that upon the
12request of the appropriate authority received within 120 days
13after the violation occurred, the lessor provides within 60
14days after such receipt the name and address of the lessee. The
15drivers license number of a lessee may be subsequently
16individually requested by the appropriate authority if needed
17for enforcement of this Section.
18    Upon the provision of information by the lessor pursuant to
19this subsection, the county or municipality may issue the
20violation to the lessee of the vehicle in the same manner as it
21would issue a violation to a registered owner of a vehicle
22pursuant to this Section, and the lessee may be held liable for
23the violation.
24(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
2597-29, eff. 1-1-12; 97-627, eff. 1-1-12; revised 1-19-12.)
 

 

 

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1    Section 90. The State Mandates Act is amended by adding
2Section 8.36 as follows:
 
3    (30 ILCS 805/8.36 new)
4    Sec. 8.36. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 97th General Assembly.

 

 

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1 INDEX
2 Statutes amended in order of appearance
3    625 ILCS 5/11-208.6
4    30 ILCS 805/8.36 new