Full Text of HB0758 98th General Assembly
HB0758ham001 98TH GENERAL ASSEMBLY | Rep. Jay Hoffman Filed: 4/12/2013
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| 1 | | AMENDMENT TO HOUSE BILL 758
| 2 | | AMENDMENT NO. ______. Amend House Bill 758 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-201, 4-203, 4-204, 4-205, 4-207, 4-208, | 6 | | 4-209.1, 4-209.2, 4-212, 4-212.1, 4-214, and 4-215 and by | 7 | | adding Sections 4-203.1, 4-203.2, and 4-209.3 as follows:
| 8 | | (625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
| 9 | | Sec. 4-201. Abandonment of vehicles prohibited.
| 10 | | (a) The abandonment of a
vehicle or any part thereof on any | 11 | | highway in this State is unlawful and
subject to penalties as | 12 | | set forth under Penalty Section 4-214 of this Code Chapter .
| 13 | | (b) The abandonment of a vehicle or any part thereof on | 14 | | private or
public property, other than a highway, in view of | 15 | | the general public,
anywhere in this State is unlawful except | 16 | | on property of the owner or
bailee of the such abandoned |
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| 1 | | vehicle. A vehicle or any part thereof so
abandoned on private | 2 | | property shall be authorized for removal, by a law
enforcement | 3 | | agency having jurisdiction, after a waiting period of 7 days
or | 4 | | more, or may be removed immediately if determined to be a | 5 | | hazardous
dilapidated motor vehicle under Section 11-40-3.1 of | 6 | | the Illinois Municipal
Code. A violation of subsections (a) or | 7 | | (b) of this Section is subject to
penalties as set forth
under | 8 | | Section 4-214 of this Code. Chapter.
| 9 | | (c) (Blank). A towing service may begin to process an | 10 | | unclaimed vehicle as
abandoned by requesting a record search by | 11 | | the Secretary of State up to 10 days
after the date of the tow, | 12 | | or any later date acceptable to the Secretary of
State. This | 13 | | subsection (c) shall not apply to
vehicles towed by order or | 14 | | authorization of a law enforcement agency.
| 15 | | (Source: P.A. 90-330, eff. 8-8-97.)
| 16 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 17 | | Sec. 4-203. Removal of abandoned or unattended motor | 18 | | vehicles or other vehicles on public roadways ; Towing or
| 19 | | hauling away.
| 20 | | (a) When a vehicle is abandoned, or left unattended, on a | 21 | | toll
highway, interstate highway, or expressway for 2 hours or | 22 | | more, its
removal by a towing service may be authorized by a | 23 | | law enforcement
agency having jurisdiction.
| 24 | | (b) (Blank). When a vehicle is abandoned on a highway in an | 25 | | urban district 10
hours or more, its removal by a towing |
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| 1 | | service may be authorized by a
law enforcement agency having | 2 | | jurisdiction.
| 3 | | (c) When a vehicle is abandoned or left unattended on a | 4 | | highway
other than a toll highway, interstate highway, or | 5 | | expressway, outside of
an urban district for 24 hours or more, | 6 | | its removal by a towing service
may be authorized by a law | 7 | | enforcement agency having jurisdiction.
| 8 | | (d) When an abandoned, unattended, wrecked, burned or | 9 | | partially
dismantled vehicle is creating a traffic hazard | 10 | | because of its position
in relation to the highway or its | 11 | | physical appearance is causing the
impeding of traffic, its | 12 | | immediate removal from the highway or private
property adjacent | 13 | | to the highway by a towing service may be authorized
by a law | 14 | | enforcement agency having jurisdiction.
| 15 | | (e) (Blank). Whenever a
peace officer reasonably believes | 16 | | that a person under
arrest for a violation of Section 11-501 of | 17 | | this Code or a similar
provision of a local ordinance is | 18 | | likely, upon release, to commit a
subsequent violation of | 19 | | Section 11-501, or a similar provision of a local
ordinance, | 20 | | the arresting officer shall have the vehicle which the person
| 21 | | was operating at the time of the arrest impounded for a period | 22 | | of not more
than 12 hours after the time of arrest. However, | 23 | | such vehicle may be
released by the arresting law enforcement | 24 | | agency prior to the end of the
impoundment period if:
| 25 | | (1) the vehicle was not owned by the person under | 26 | | arrest, and the lawful
owner requesting such release |
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| 1 | | possesses a valid operator's license, proof
of ownership, | 2 | | and would not, as determined by the arresting law | 3 | | enforcement
agency, indicate a lack of ability to operate a | 4 | | motor vehicle in a safe
manner, or who would otherwise, by | 5 | | operating such motor vehicle, be in
violation of this Code; | 6 | | or
| 7 | | (2) the vehicle is owned by the person under arrest, | 8 | | and the person
under arrest gives permission to another | 9 | | person to operate such vehicle,
provided however, that the | 10 | | other person possesses a valid operator's license
and would | 11 | | not, as determined by the arresting law enforcement
agency, | 12 | | indicate a lack of ability to operate a motor vehicle in a | 13 | | safe
manner or who would otherwise, by operating such motor | 14 | | vehicle, be in
violation of this Code.
| 15 | | (e-5) (Blank). Whenever a registered owner of a vehicle is | 16 | | taken into custody for
operating the vehicle in violation of | 17 | | Section 11-501 of this Code or a similar
provision of a local | 18 | | ordinance or Section 6-303 of this Code, a
law enforcement | 19 | | officer
may have the vehicle immediately impounded for a period | 20 | | not less than:
| 21 | | (1) 24 hours for a second violation of Section 11-501 | 22 | | of this Code or a
similar provision of a local ordinance or | 23 | | Section 6-303
of
this Code or a combination of these | 24 | | offenses; or
| 25 | | (2) 48 hours for a third violation of Section 11-501 of | 26 | | this Code or a
similar provision of a local ordinance or |
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| 1 | | Section 6-303 of this
Code or a combination of these | 2 | | offenses.
| 3 | | The vehicle may be released sooner if the vehicle is owned | 4 | | by the person
under arrest and the person under arrest gives | 5 | | permission to another person to
operate the vehicle and that | 6 | | other person possesses a valid operator's license
and would | 7 | | not, as determined by the arresting law enforcement agency, | 8 | | indicate
a lack of ability to operate a motor vehicle in a safe | 9 | | manner or would
otherwise, by operating the motor vehicle, be | 10 | | in violation of this Code.
| 11 | | (f) (Blank). Except as provided in Chapter 18a of this | 12 | | Code, the owner or
lessor of privately owned real property | 13 | | within this State, or any person
authorized by such owner or | 14 | | lessor, or any law enforcement agency in the
case of publicly | 15 | | owned real property may cause any motor vehicle abandoned
or | 16 | | left unattended upon such property without permission to be | 17 | | removed by a
towing service without liability for the costs of | 18 | | removal, transportation
or storage or damage caused by such | 19 | | removal, transportation or storage.
The towing or removal of | 20 | | any vehicle from private property without the
consent of the | 21 | | registered owner or other legally authorized person in
control | 22 | | of the vehicle is subject to compliance with the following
| 23 | | conditions and restrictions:
| 24 | | 1. Any towed or removed vehicle must be stored at the | 25 | | site of the towing
service's place of business. The site | 26 | | must be open during business hours,
and for the purpose of |
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| 1 | | redemption of vehicles, during the time that the
person or | 2 | | firm towing such vehicle is open for towing purposes.
| 3 | | 2. The towing service shall within 30 minutes of | 4 | | completion of such
towing or removal, notify the law | 5 | | enforcement agency having jurisdiction of
such towing or | 6 | | removal, and the make, model, color and license plate | 7 | | number
of the vehicle, and shall obtain and record the name | 8 | | of the person at the law
enforcement agency to whom such | 9 | | information was reported.
| 10 | | 3. If the registered owner or legally authorized person | 11 | | entitled to
possession of the vehicle shall arrive at the | 12 | | scene prior to actual removal
or towing of the vehicle, the | 13 | | vehicle shall be disconnected from the tow
truck and that | 14 | | person shall be allowed to remove the vehicle without
| 15 | | interference, upon the payment of a reasonable service fee | 16 | | of not more than
one half the posted rate of the towing | 17 | | service as provided in paragraph
6 of this subsection, for | 18 | | which a receipt shall be given.
| 19 | | 4. The rebate or payment of money or any other valuable | 20 | | consideration
from the towing service or its owners, | 21 | | managers or employees to the owners
or operators of the | 22 | | premises from which the vehicles are towed or removed,
for | 23 | | the privilege of removing or towing those vehicles, is | 24 | | prohibited. Any
individual who violates this paragraph | 25 | | shall be guilty of a Class A
misdemeanor.
| 26 | | 5. Except for property appurtenant to and obviously a |
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| 1 | | part of a single
family residence, and except for instances | 2 | | where notice is personally given
to the owner or other | 3 | | legally authorized person in control of the vehicle
that | 4 | | the area in which that vehicle is parked is reserved or | 5 | | otherwise
unavailable to unauthorized vehicles and they | 6 | | are subject to being removed
at the owner or operator's | 7 | | expense, any property owner or lessor, prior to
towing or | 8 | | removing any vehicle from private property without the | 9 | | consent of
the owner or other legally authorized person in | 10 | | control of that vehicle,
must post a notice meeting the | 11 | | following requirements:
| 12 | | a. Except as otherwise provided in subparagraph | 13 | | a.1 of this subdivision (f)5, the notice must be | 14 | | prominently placed at each driveway access or curb
cut | 15 | | allowing vehicular access to the property within 5 feet | 16 | | from the public
right-of-way line. If there are no | 17 | | curbs or access barriers, the sign must
be posted not | 18 | | less than one sign each 100 feet of lot frontage.
| 19 | | a.1. In a municipality with a population of less | 20 | | than 250,000, as an alternative to the requirement of | 21 | | subparagraph a of this subdivision (f)5, the notice for | 22 | | a parking lot contained within property used solely for | 23 | | a 2-family, 3-family, or 4-family residence may be | 24 | | prominently placed at the perimeter of the parking lot, | 25 | | in a position where the notice is visible to the | 26 | | occupants of vehicles entering the lot.
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| 1 | | b. The notice must indicate clearly, in not less | 2 | | than 2 inch high
light-reflective letters on a | 3 | | contrasting background, that unauthorized
vehicles | 4 | | will be towed away at the owner's expense.
| 5 | | c. The notice must also provide the name and | 6 | | current telephone
number of the towing service towing | 7 | | or removing the vehicle.
| 8 | | d. The sign structure containing the required | 9 | | notices must be
permanently installed with the bottom | 10 | | of the sign not less than 4 feet
above ground level, | 11 | | and must be continuously maintained on the property for
| 12 | | not less than 24 hours prior to the towing or removing | 13 | | of any vehicle.
| 14 | | 6. Any towing service that tows or removes vehicles and | 15 | | proposes to
require the owner, operator, or person in | 16 | | control of the vehicle to pay the
costs of towing and | 17 | | storage prior to redemption of the vehicle must file
and | 18 | | keep on record with the local law enforcement agency a | 19 | | complete copy of
the current rates to be charged for such | 20 | | services, and post at the storage
site an identical rate | 21 | | schedule and any written contracts with property
owners, | 22 | | lessors, or persons in control of property which authorize | 23 | | them to
remove vehicles as provided in this Section.
The | 24 | | towing and storage charges, however, shall not exceed the | 25 | | maximum allowed by the Illinois Commerce Commission under | 26 | | Section 18a-200.
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| 1 | | 7. No person shall engage in the removal of vehicles | 2 | | from private
property as described in this Section without | 3 | | filing a notice of intent
in each community where he | 4 | | intends to do such removal, and such
notice shall be filed | 5 | | at least 7 days before commencing such towing.
| 6 | | 8. No removal of a vehicle from private property shall | 7 | | be done except
upon express written instructions of the | 8 | | owners or persons in charge of the
private property upon | 9 | | which the vehicle is said to be trespassing.
| 10 | | 9. Vehicle entry for the purpose of removal shall be | 11 | | allowed with
reasonable care on the part of the person or | 12 | | firm towing the vehicle. Such
person or firm shall be | 13 | | liable for any damages occasioned to the vehicle if
such | 14 | | entry is not in accordance with the standards of reasonable | 15 | | care.
| 16 | | 10. When a vehicle has been towed or removed pursuant | 17 | | to this Section,
it must be released to its owner or | 18 | | custodian within one half hour after
requested, if such | 19 | | request is made during business hours. Any vehicle owner
or | 20 | | custodian or agent shall have the right to inspect the | 21 | | vehicle before
accepting its return, and no release or | 22 | | waiver of any kind which would
release the towing service | 23 | | from liability for damages incurred during the
towing and | 24 | | storage may be required from any vehicle owner or other | 25 | | legally
authorized person as a condition of release of the | 26 | | vehicle. A detailed,
signed receipt showing the legal name |
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| 1 | | of the towing service must be given
to the person paying | 2 | | towing or storage charges at the time of payment,
whether | 3 | | requested or not.
| 4 | | This Section shall not apply to law enforcement, | 5 | | firefighting, rescue,
ambulance, or other emergency vehicles | 6 | | which are marked as such or to
property owned by any | 7 | | governmental entity.
| 8 | | When an authorized person improperly causes a motor vehicle | 9 | | to be
removed, such person shall be liable to the owner or | 10 | | lessee of the vehicle
for the cost or removal, transportation | 11 | | and storage, any damages resulting
from the removal, | 12 | | transportation and storage, attorney's fee and court costs.
| 13 | | Any towing or storage charges accrued shall be payable by | 14 | | the use of any
major credit card, in addition to being payable | 15 | | in cash.
| 16 | | 11. Towing companies shall also provide insurance | 17 | | coverage for areas
where vehicles towed under the | 18 | | provisions of this Chapter will be impounded
or otherwise | 19 | | stored, and shall adequately cover loss by fire, theft or
| 20 | | other risks.
| 21 | | Any person who fails to comply with the conditions and | 22 | | restrictions of
this subsection shall be guilty of a Class C | 23 | | misdemeanor and shall be fined
not less than $100 nor more than | 24 | | $500.
| 25 | | (g) (Blank). (1) When a vehicle is determined to be a | 26 | | hazardous dilapidated
motor
vehicle pursuant to Section |
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| 1 | | 11-40-3.1 of the Illinois Municipal Code or Section 5-12002.1 | 2 | | of the Counties Code, its
removal and impoundment by a towing | 3 | | service may be authorized by a law
enforcement agency with | 4 | | appropriate jurisdiction.
| 5 | | (2) When a vehicle removal from either public or private | 6 | | property is
authorized by a law enforcement agency, the owner | 7 | | of the vehicle shall be
responsible for all towing and storage | 8 | | charges.
| 9 | | (3) Vehicles removed from public or private property and
| 10 | | stored by a commercial vehicle relocator or any other towing | 11 | | service authorized by a law enforcement agency in
compliance | 12 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 13 | | at the request of the vehicle owner or operator,
shall
be | 14 | | subject to a possessor lien for services
pursuant to the Labor | 15 | | and Storage Lien (Small Amount) Act. The provisions of Section | 16 | | 1 of that Act relating to notice
and implied consent shall be | 17 | | deemed satisfied by compliance with Section
18a-302 and | 18 | | subsection (6) of Section 18a-300. In no event shall such lien
| 19 | | be greater than the rate or rates established in accordance | 20 | | with subsection
(6) of Section 18a-200 of this Code. In no | 21 | | event shall such lien be
increased or altered to reflect any | 22 | | charge for services or materials
rendered in addition to those | 23 | | authorized by this Act. Every such lien
shall be payable by use | 24 | | of any major credit card, in addition to being
payable in cash.
| 25 | | (4) Any personal property belonging to the vehicle owner in | 26 | | a vehicle subject to a lien under this
subsection
(g) shall |
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| 1 | | likewise be subject to that lien, excepting only:
child | 2 | | restraint systems as defined in Section 4 of the Child | 3 | | Passenger Protection Act and other child booster seats; | 4 | | eyeglasses; food; medicine; perishable property; any | 5 | | operator's licenses; any cash, credit
cards, or checks or | 6 | | checkbooks; any wallet, purse, or other property
containing any | 7 | | operator's license or other identifying documents or | 8 | | materials,
cash, credit cards, checks, or checkbooks; and any | 9 | | personal property belonging to a person other than the vehicle | 10 | | owner if that person provides adequate proof that the personal | 11 | | property belongs to that person. The spouse, child, mother, | 12 | | father, brother, or sister of the vehicle owner may claim | 13 | | personal property excepted under this paragraph (4) if the | 14 | | person claiming the personal property provides the commercial | 15 | | vehicle relocator or towing service with the authorization of | 16 | | the vehicle owner. | 17 | | (5) This paragraph (5) applies only in the case of a | 18 | | vehicle that is towed as a result of being involved in an | 19 | | accident. In addition to the personal property excepted under | 20 | | paragraph (4), all other personal property in a vehicle subject | 21 | | to a lien under this subsection (g) is exempt from that lien | 22 | | and may be claimed by the vehicle owner if the vehicle owner | 23 | | provides the commercial vehicle relocator or towing service | 24 | | with proof that the vehicle owner has an insurance policy | 25 | | covering towing and storage fees. The spouse, child, mother, | 26 | | father, brother, or sister of the vehicle owner may claim |
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| 1 | | personal property in a vehicle subject to a lien under this | 2 | | subsection (g) if the person claiming the personal property | 3 | | provides the commercial vehicle relocator or towing service | 4 | | with the authorization of the vehicle owner and proof that the | 5 | | vehicle owner has an insurance policy covering towing and | 6 | | storage fees. The regulation of liens on personal property and | 7 | | exceptions to those liens in the case of vehicles towed as a | 8 | | result of being involved in an accident are
exclusive powers | 9 | | and functions of the State. A home
rule unit may not regulate | 10 | | liens on personal property and exceptions to those liens in the | 11 | | case of vehicles towed as a result of being involved in an | 12 | | accident. This paragraph (5) is a denial and
limitation of home | 13 | | rule powers and functions under
subsection (h) of Section 6 of | 14 | | Article VII of the
Illinois Constitution. | 15 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 16 | | in its total amount; or
be increased or altered to reflect any | 17 | | charge for services or
materials rendered in addition to those | 18 | | authorized by this Act.
| 19 | | (h) (Blank). Whenever a peace officer issues a citation to | 20 | | a driver for a violation of subsection (a) of Section 11-506 of | 21 | | this Code, the arresting officer may have the vehicle which the | 22 | | person was operating at the time of the arrest impounded for a | 23 | | period of 5 days after the time of arrest.
An impounding agency | 24 | | shall release a motor vehicle impounded under this subsection | 25 | | (h) to the registered owner of the vehicle under any of the | 26 | | following circumstances: |
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| 1 | | (1) If the vehicle is a stolen vehicle; or | 2 | | (2) If the person ticketed for a violation of | 3 | | subsection (a) of Section 11-506 of this Code was not | 4 | | authorized by the registered owner of the vehicle to | 5 | | operate the vehicle at the time of the violation; or | 6 | | (3) If the registered owner of the vehicle was neither | 7 | | the driver nor a passenger in the vehicle at the time of | 8 | | the violation or was unaware that the driver was using the | 9 | | vehicle to engage in street racing; or | 10 | | (4) If the legal owner or registered owner of the | 11 | | vehicle is a rental car agency; or | 12 | | (5) If, prior to the expiration of the impoundment | 13 | | period specified above, the citation is dismissed or the | 14 | | defendant is found not guilty of the offense.
| 15 | | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | 16 | | 97-779, eff. 7-13-12.)
| 17 | | (625 ILCS 5/4-203.1 new) | 18 | | Sec. 4-203.1. Removal of Abandoned or Unattended Vehicles | 19 | | on Private Property. | 20 | | (a) Towing of vehicles from residential private property; | 21 | | no notice posted. Except as provided in Chapter 18a of this | 22 | | Code, the owner or lessor of privately owned residential real | 23 | | property within this State, or any person authorized by the | 24 | | owner or lessor, may cause any motor vehicle abandoned or left | 25 | | unattended upon that property without permission to be removed |
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| 1 | | by a towing service without liability for the costs of removal, | 2 | | transportation or storage or damage caused by the removal, | 3 | | transportation or storage. | 4 | | The towing service shall keep the towed vehicle and its | 5 | | contents and maintain a record of the tow as required under | 6 | | Section 4-204 of this Code for law enforcement agencies until | 7 | | the vehicle is claimed by the owner or any other person legally | 8 | | entitled to its possession or until it is disposed of as | 9 | | provided in this Chapter. | 10 | | The towing or removal of any vehicle from residential | 11 | | private property without the consent of the registered owner or | 12 | | other legally authorized person in control of the vehicle is | 13 | | subject to compliance with the following provisions: | 14 | | (1) any towed or removed vehicle must be stored at the | 15 | | site of the towing service's place of business. The site | 16 | | must be open during business hours, and for the purpose of | 17 | | redemption of vehicles, during the time that the person or | 18 | | firm towing the vehicle is open for towing purposes; | 19 | | (2) the towing service shall, within 30 minutes of | 20 | | completion of the towing or removal, notify the law | 21 | | enforcement agency having jurisdiction over the towing or | 22 | | removal, of the make, model, color, and license plate | 23 | | number of the vehicle, and shall obtain and record the name | 24 | | of the person at the law enforcement agency to whom the | 25 | | information was reported; | 26 | | (3) if the registered owner or legally authorized |
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| 1 | | person entitled to possession of the vehicle arrives at the | 2 | | scene prior to removal or towing of the vehicle, the | 3 | | vehicle shall be disconnected from the tow truck and that | 4 | | person shall be allowed to remove the vehicle without | 5 | | interference upon the payment of a reasonable service fee | 6 | | of not more than one-half the rate of the towing service | 7 | | posted with local law enforcement as required by subsection | 8 | | (c) of this Section, for which a receipt shall be given; | 9 | | and | 10 | | (4) the rebate or payment of money or any other | 11 | | valuable consideration from the towing service or its | 12 | | owners, managers, or employees to the owners or operators | 13 | | of the premises from which the vehicles are towed or | 14 | | removed, for the privilege of removing or towing those | 15 | | vehicles, is prohibited. Any person who violates this | 16 | | paragraph shall be guilty of a Class A misdemeanor. | 17 | | (b) Towing Vehicles from Non-Residential Private Property. | 18 | | Except for private property obviously a part of a single-family | 19 | | residence, and except for instances where notice is personally | 20 | | given to the owner or operator of the vehicle that the area in | 21 | | which that vehicle is parking is reserved or otherwise | 22 | | unavailable and they are subject to being removed at the owner | 23 | | or operator's expense, any property owner or lessor, prior to | 24 | | towing or removing any vehicle from non-residential private | 25 | | property without the consent of the owner of that vehicle, | 26 | | shall post a notice meeting the following requirements: |
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| 1 | | (1) except as otherwise provided, the notice must be | 2 | | prominently placed at each driveway access or curb cut | 3 | | allowing vehicular access to the property within 5 feet | 4 | | from the public right-of-way line. If there are no curbs or | 5 | | access barriers, the sign must be posted not less than one | 6 | | sign each 100 feet of lot frontage; | 7 | | (2) in a municipality with a population of less than | 8 | | 250,000, as an alternative to the requirement of paragraph | 9 | | (1) of subsection (b), the notice for a parking lot | 10 | | contained within property used solely for a 2-family, | 11 | | 3-family, or 4-family residence may be prominently placed | 12 | | at the perimeter of the parking lot, in a position where | 13 | | the notice is visible to the occupants of vehicles entering | 14 | | the lot; | 15 | | (3) the notice must indicate clearly, in not less than | 16 | | 2 inch high light-reflective letters on a contrasting | 17 | | background, that unauthorized vehicles will be towed away | 18 | | at the owner's expense; | 19 | | (4) the notice must also provide the name and current | 20 | | telephone number of the towing service towing or removing | 21 | | the vehicle; and | 22 | | (5) the sign structure containing the required notices | 23 | | must be permanently installed with the bottom of the sign | 24 | | not less than 4 feet above ground level, and must be | 25 | | continuously maintained on the property for not less than | 26 | | 24 hours prior to the towing or removing of any vehicle. |
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| 1 | | (c) Any towing service that tows or removes vehicles must | 2 | | file and keep on record with the local law enforcement agency a | 3 | | complete copy of the current rates to be charged for these | 4 | | services, and post at the storage site an identical rate | 5 | | schedule and any written contracts with property owners, | 6 | | lessors, or persons in control of property which authorize them | 7 | | to remove vehicles as provided in this Section. The towing and | 8 | | storage charges shall not exceed the maximum allowed by the | 9 | | Illinois Commerce Commission under Section 18a-200 of this | 10 | | Code. | 11 | | (d) No person shall engage in the removal of vehicles from | 12 | | private property as described in this Section without filing a | 13 | | notice of intent in each community where he or she intends to | 14 | | conduct removal, and this notice shall be filed at least 7 days | 15 | | before commencing any towing. | 16 | | (e) No removal of a vehicle from private property shall be | 17 | | done except upon express written instructions of the owners or | 18 | | persons in charge of the private property upon which the | 19 | | vehicle is said to be trespassing. | 20 | | (f) Vehicle entry for the purpose of removal shall be | 21 | | allowed with reasonable care on the part of the person or firm | 22 | | towing the vehicle. This person or firm shall be liable for any | 23 | | damages to the vehicle if their entry is not in accordance with | 24 | | the standards of reasonable care. | 25 | | (g) When a vehicle has been towed or removed under this | 26 | | Section, it must be released to its owner within one-half hour |
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| 1 | | after requested, if the request is made during business hours. | 2 | | Any vehicle owner or custodian or agent shall have the right to | 3 | | inspect the vehicle before accepting its return, and no release | 4 | | or waiver of any kind which would release the towing service | 5 | | from liability for damages incurred during the towing and | 6 | | storage may be required from any vehicle owner or other legally | 7 | | authorized person as a condition of release of the vehicle. A | 8 | | detailed, signed receipt showing the legal name of the towing | 9 | | service must be given to the person paying towing or storage | 10 | | charges at the time of payment. | 11 | | This Section shall not apply to law enforcement, | 12 | | firefighting, rescue, ambulance, or other emergency vehicles | 13 | | which are marked as such or to property owned by any | 14 | | governmental entity. | 15 | | When an authorized person improperly causes a motor vehicle | 16 | | to be removed, that person shall be liable to the owner or | 17 | | lessee of the vehicle for the cost of removal, transportation, | 18 | | storage, any damages resulting from the removal, | 19 | | transportation and storage, attorney's fee, and court costs. | 20 | | (h) Towing companies shall also provide insurance coverage | 21 | | for areas where vehicles towed under the provisions of this | 22 | | Chapter will be impounded or otherwise stored, and shall | 23 | | adequately cover loss by fire, theft or other risks. | 24 | | Any person who fails to comply with the conditions and | 25 | | restrictions of this subsection shall be guilty of a Class C | 26 | | misdemeanor and shall be fined not less than $100 nor more than |
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| 1 | | $500. | 2 | | (i) When a vehicle is determined to be a hazardous | 3 | | dilapidated motor vehicle under Section 11-40-3.1 of the | 4 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 5 | | Code, its removal and impoundment by a towing service may be | 6 | | authorized by a law enforcement agency with appropriate | 7 | | jurisdiction. | 8 | | (625 ILCS 5/4-203.2 new) | 9 | | Sec. 4-203.2. Impoundment of Vehicles for Certain | 10 | | Offenses. | 11 | | (a) Whenever a peace officer reasonably believes that a | 12 | | person under arrest for a violation of Section 11-501 of this | 13 | | Code or a similar provision of a local ordinance is likely, | 14 | | upon release, to commit a subsequent violation of Section | 15 | | 11-501, or a similar provision of a local ordinance, the | 16 | | arresting officer shall have the vehicle which the person was | 17 | | operating at the time of the arrest impounded for a period of | 18 | | not more than 12 hours after the time of arrest. However, the | 19 | | vehicle may be released by the arresting law enforcement agency | 20 | | prior to the end of the impoundment period if: | 21 | | (1) the vehicle was not owned by the person under | 22 | | arrest, and the lawful owner requesting the release | 23 | | possesses a valid operator's license, proof of ownership, | 24 | | and would not, as determined by the arresting law | 25 | | enforcement agency, indicate a lack of ability to operate a |
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| 1 | | motor vehicle in a safe manner, or who would otherwise, by | 2 | | operating the motor vehicle, be in violation of this Code; | 3 | | or | 4 | | (2) the vehicle is owned by the person under arrest, | 5 | | and the person under arrest gives permission to another | 6 | | person to operate the vehicle, provided however, that the | 7 | | other person possesses a valid operator's license and would | 8 | | not, as determined by the arresting law enforcement agency, | 9 | | indicate a lack of ability to operate a motor vehicle in a | 10 | | safe manner or who would otherwise, by operating the motor | 11 | | vehicle, be in violation of this Code. | 12 | | (b) Whenever a registered owner of a vehicle is taken into | 13 | | custody for operating the vehicle in violation of Section | 14 | | 11-501 of this Code or a similar provision of a local ordinance | 15 | | or Section 6-303 of this Code, a law enforcement officer may | 16 | | have the vehicle immediately impounded for a period not less | 17 | | than: | 18 | | (1) 24 hours for a second violation of Section 11-501 | 19 | | of this Code or a similar provision of a local ordinance or | 20 | | Section 6-303 of this Code or a combination of these | 21 | | offenses; or | 22 | | (2) 48 hours for a third violation of Section 11-501 of | 23 | | this Code or a similar provision of a local ordinance or | 24 | | Section 6-303 of this Code or a combination of these | 25 | | offenses. | 26 | | The vehicle may be released sooner if the vehicle is owned |
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| 1 | | by the person under arrest and the person under arrest gives | 2 | | permission to another person to operate the vehicle and that | 3 | | other person possesses a valid operator's license and would | 4 | | not, as determined by the arresting law enforcement agency, | 5 | | indicate a lack of ability to operate a motor vehicle in a safe | 6 | | manner or would otherwise, by operating the motor vehicle, be | 7 | | in violation of this Code. | 8 | | (c) Whenever a peace officer issues a citation to a driver | 9 | | for a violation of subsection (a) of Section 11-506 of this | 10 | | Code, the arresting officer may have the vehicle which the | 11 | | person was operating at the time of the arrest impounded for a | 12 | | period of 5 days after the time of arrest. An impounding agency | 13 | | shall release a motor vehicle impounded under this subsection | 14 | | (c) to the registered owner of the vehicle under any of the | 15 | | following circumstances: | 16 | | (1) if the vehicle is a stolen vehicle; | 17 | | (2) if the person ticketed for a violation of | 18 | | subsection (a) of Section 11-506 of this Code was not | 19 | | authorized by the registered owner of the vehicle to | 20 | | operate the vehicle at the time of the violation; | 21 | | (3) if the registered owner of the vehicle was neither | 22 | | the driver nor a passenger in the vehicle at the time of | 23 | | the violation or was unaware that the driver was using the | 24 | | vehicle to engage in street racing; | 25 | | (4) if the legal owner or registered owner of the | 26 | | vehicle is a rental car agency; or |
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| 1 | | (5) if, prior to the expiration of the impoundment | 2 | | period specified above, the citation is dismissed or the | 3 | | defendant is found not guilty of the offense.
| 4 | | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
| 5 | | Sec. 4-204. Police authorized tows; reports, release of | 6 | | vehicles, payment. When
a vehicle is authorized to be towed | 7 | | away at the request of a law enforcement officer as provided in | 8 | | Section
4-202 or 4-203 :
| 9 | | (a) The authorization, any hold order, and any release | 10 | | shall be in
writing, or confirmed in writing, by the | 11 | | authorizing law enforcement agency with a copy given to the | 12 | | towing service.
| 13 | | (b) The law enforcement agency police headquarters or | 14 | | office of the law officer
authorizing the tow towing shall keep | 15 | | and maintain a record of the vehicle
towed, listing the color, | 16 | | year of manufacture, manufacturer's trade name,
manufacturer's | 17 | | series name, body style, vehicle identification number Vehicle | 18 | | Identification Number ,
and license plate year and number for | 19 | | and registration sticker year and number
displayed on the | 20 | | vehicle. The record shall
also include the date and hour of | 21 | | tow, location towed from, location towed
to, reason for towing | 22 | | and the name of the officer authorizing the tow.
| 23 | | (c) The owner, operator, or other legally entitled person | 24 | | shall be
responsible to the towing service for payment of | 25 | | applicable removal, towing,
storage, and processing charges |
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| 1 | | and collection costs associated with a vehicle
towed or held | 2 | | under order or authorization of a law enforcement agency. If a
| 3 | | vehicle towed or held under order or authorization of a law | 4 | | enforcement agency
is seized by the ordering or authorizing | 5 | | agency or any other law enforcement
or governmental agency and | 6 | | sold, any unpaid removal, towing, storage,
and processing | 7 | | charges and collection costs shall be paid to the towing | 8 | | service
from the proceeds of the sale. If applicable law | 9 | | provides that the proceeds
are to be paid into the treasury of | 10 | | the appropriate civil jurisdiction, then
any unpaid removal, | 11 | | towing, storage, and processing charges and collection
costs | 12 | | shall be paid to the towing service from the treasury of the | 13 | | civil
jurisdiction. That payment shall not, however, exceed the | 14 | | amount of proceeds
from the sale, with the balance to be paid | 15 | | by the owner, operator, or other
legally entitled person.
| 16 | | (d) Upon delivery of a written release order to the towing | 17 | | service, a
vehicle subject to a hold order shall be released to | 18 | | the owner, operator, or
other legally entitled person upon | 19 | | proof of ownership or other entitlement and
upon payment of | 20 | | applicable removal, towing, storage, and processing charges | 21 | | and
collection costs.
| 22 | | (Source: P.A. 89-433, eff. 12-15-95.)
| 23 | | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
| 24 | | Sec. 4-205. Record searches.
| 25 | | (a) When a towing service or a law enforcement agency |
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| 1 | | authorizing the impounding or towing of a vehicle
does not know | 2 | | the identity of the registered owner, lienholder or other | 3 | | legally
entitled person, the towing service or that law | 4 | | enforcement agency will request a search of the title cause the | 5 | | vehicle
registration records of the Secretary of State to | 6 | | determine ownership information of Illinois to be searched by | 7 | | the
Secretary of State for the purpose of obtaining the | 8 | | required ownership
information .
| 9 | | (a-5) In the event that the Secretary of State cannot | 10 | | provide ownership information, the following means shall be | 11 | | used to identify the owner of the vehicle: | 12 | | (1) using the vehicle identification number to conduct | 13 | | a search through a commercial, nation-wide motor vehicle | 14 | | information service; or | 15 | | (2) inspecting the vehicle for any evidence of the name | 16 | | or address of the owner or state of registration. | 17 | | (a-10) If evidence of the state of registration can be | 18 | | found by utilizing the means set forth in subsection (a-5) of | 19 | | this Section, the motor vehicle department of that state shall | 20 | | be contacted and requested to perform a record search for the | 21 | | name and address of any owner or lienholder. | 22 | | (b) The law enforcement agency authorizing the impounding | 23 | | of a vehicle
will search cause the stolen motor vehicle files | 24 | | of the State Police to be
searched by a directed communication | 25 | | to the State Police for stolen or
wanted information on the | 26 | | vehicle. When the State Police files are
searched with negative |
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| 1 | | results, the information contained in the
National Crime | 2 | | Information Center (NCIC) files will be searched by the
State | 3 | | Police. The information determined from these record searches | 4 | | will
be returned to the requesting law enforcement agency for | 5 | | that agency's
use in sending a notification by certified mail | 6 | | to the registered owner,
lienholder and other legally entitled | 7 | | persons advising where the vehicle
is held, requesting a | 8 | | disposition be made and setting forth public sale
information. | 9 | | Notification shall be sent no later than 10 business days after
| 10 | | the date the law enforcement agency impounds or authorizes the | 11 | | impounding of a
vehicle, provided that if the law enforcement | 12 | | agency is unable to determine the
identity of the registered | 13 | | owner, lienholder or other person legally entitled
to ownership | 14 | | of the impounded vehicle within a 10 business day period after
| 15 | | impoundment, then notification shall be sent no later than 2 | 16 | | days after the
date the identity of the registered owner, | 17 | | lienholder or other person legally
entitled to ownership of the | 18 | | impounded vehicle is determined. Exceptions to a
notification | 19 | | by certified mail to the registered owner, lienholder and other
| 20 | | legally entitled persons are set forth in Section 4-209 of this | 21 | | Code.
| 22 | | (b-5) If an abandoned or unclaimed vehicle displays a | 23 | | dealer, transporter, or manufacturer license plate or | 24 | | temporary registration plate, the towing service or law | 25 | | enforcement agency, in addition to requesting a search of the | 26 | | title record of the vehicle, shall request a registration |
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| 1 | | record of the vehicle. | 2 | | (c) (Blank). When ownership information is needed for a
| 3 | | towing service to give notification as required under this | 4 | | Code, the towing
service may cause the vehicle registration | 5 | | records of the State of Illinois to
be searched by the | 6 | | Secretary of State, and in such case, the towing service also | 7 | | shall give notice to all lienholders of record within the time | 8 | | period required for such other notices.
| 9 | | The written request of a towing service, in the form and
| 10 | | containing the information prescribed by the Secretary of State | 11 | | by rule, may be
transmitted to the Secretary of State in | 12 | | person, by U.S.
mail or other delivery service, by facsimile | 13 | | transmission, or by other
means the Secretary of State deems | 14 | | acceptable.
| 15 | | The Secretary of State shall provide the required | 16 | | information, or
a statement that the information was not found | 17 | | in the vehicle registration
records of the State, by U.S. mail | 18 | | or other delivery service, facsimile
transmission, as | 19 | | requested by the towing service, or by other means acceptable
| 20 | | to the Secretary of State.
| 21 | | (d) (Blank). The Secretary of State may prescribe standards | 22 | | and procedures for
submission of requests for record searches | 23 | | and replies via computer link.
| 24 | | (e) (Blank). Fees for services provided under this Section | 25 | | shall be in amounts
prescribed by the Secretary of State under | 26 | | Section 3-821.1 of this Code.
Payment may be made by the towing |
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| 1 | | service using cash, any commonly accepted
credit card, or any | 2 | | other means of payment deemed acceptable by the Secretary
of | 3 | | State.
| 4 | | (Source: P.A. 95-838, eff. 8-15-08.)
| 5 | | (625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
| 6 | | Sec. 4-207. Reclaimed vehicles; expenses.
| 7 | | (a) Any time before a vehicle is sold at public sale or | 8 | | disposed of as
provided in Section 4-208, the owner, lienholder | 9 | | or other person legally
entitled to its possession may reclaim | 10 | | the vehicle by presenting
to the law enforcement agency having | 11 | | custody of the vehicle proof of ownership
or proof of the right | 12 | | to possession of the vehicle. In order to reclaim the vehicle, | 13 | | the owner, lienholder, or other person legally entitled to its | 14 | | possession must pay all towing and storage charges. Storage | 15 | | charges may not exceed 60 days. Payment may be made by use of | 16 | | any major credit card, in addition to being payable in cash.
| 17 | | (b) (Blank). No vehicle shall be released to the owner, | 18 | | lienholder, or other person
under this Section until all | 19 | | towing, storage, and processing charges have been
paid.
| 20 | | (Source: P.A. 89-433, eff. 12-15-95.)
| 21 | | (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
| 22 | | Sec. 4-208. Notice for disposal Disposal of unclaimed | 23 | | vehicles.
| 24 | | (a) In cities having a
population of more than 500,000, |
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| 1 | | whenever an abandoned, lost, stolen or
unclaimed vehicle, or | 2 | | vehicle determined to be a hazardous dilapidated
motor vehicle | 3 | | pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
| 4 | | remains unclaimed by the registered owner, lienholder or other | 5 | | legally
entitled person for a period of 18 days after notice | 6 | | has been given under
Sections 4-205 and 4-206 of this Code , if | 7 | | during that 18 days the possessor of the vehicle has sent an | 8 | | additional notice by first class mail to the registered owner, | 9 | | lienholder, or other legally entitled person, the vehicle shall | 10 | | be disposed,
pursuant to the provisions of the "Municipal | 11 | | purchasing act for cities of
500,000 or more population", to a | 12 | | person licensed as an automotive parts
recycler, rebuilder or | 13 | | scrap processor under Chapter 5 of this Code. With respect to | 14 | | any vehicle that has been booted, impounded, or both in | 15 | | accordance with subsection (c) of Section 11-208.3, a city with | 16 | | a population over 500,000 may establish a program whereby the | 17 | | registered owner, lienholder, or other legally entitled person | 18 | | is entitled to any proceeds from the disposition of the | 19 | | vehicle, less any reasonable storage charges, administrative | 20 | | fees, booting fees, towing fees, and parking and compliance | 21 | | fines and penalties.
| 22 | | (a-5) After a towing service or law enforcement agency | 23 | | determines the vehicle owner and any lienholder as required | 24 | | under Section 4-205 of this Code, the towing service or law | 25 | | enforcement agency shall send a certified notice to the owner | 26 | | and lienholder no later than 10 business days after the date of |
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| 1 | | the tow. If the identity of the registered owner or lienholder | 2 | | cannot be determined within 10 business days after the tow, | 3 | | then certified notice shall be sent no later than 2 days after | 4 | | the date the identity of the registered owner or lienholder of | 5 | | the vehicle is determined. The certified notice shall contain | 6 | | the name and location where the vehicle is being stored, hours | 7 | | of operation, and the total amount owed. The notice shall also | 8 | | provide notice to the registered owner, lienholder and other | 9 | | legally entitled person that if redemption does not occur | 10 | | within 10 business days of the date of the notice, the vehicle | 11 | | shall be sold at sale. The date, time, and place of sale shall | 12 | | be contained on the notice. | 13 | | (a-10) If an abandoned or unclaimed vehicle displays a | 14 | | dealer, transporter, or manufacturer license plate or a | 15 | | temporary registration plate, the towing service or the law | 16 | | enforcement agency shall send the certified notices required | 17 | | under this Section to the person or entity having registration | 18 | | plates last issued as well as to the last registered owner or | 19 | | lienholder of the vehicle. | 20 | | (b) (Blank). Except as provided in Section 4-208 for cities | 21 | | with more than
500,000 inhabitants, when an abandoned, lost, | 22 | | stolen or unclaimed
vehicle 7 years of age or newer remains | 23 | | unclaimed by the registered
owner, lienholder or other legally | 24 | | entitled persons for a
period of 30 days after notice has been | 25 | | given as provided in Sections 4-205
and 4-206 of this Code, the | 26 | | law enforcement agency or towing service having
possession of |
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| 1 | | the vehicle shall cause it to be sold at public auction to a
| 2 | | person licensed as an automotive parts recycler, rebuilder or | 3 | | scrap
processor under Chapter 5 of this Code or the towing | 4 | | operator which towed
the vehicle. Notice of the time and place | 5 | | of the
sale shall be posted in a conspicuous place for at least | 6 | | 10 days prior to
the sale on the premises where the vehicle has | 7 | | been impounded. At least 10
days prior to the sale, the law | 8 | | enforcement agency where the vehicle is
impounded, or the | 9 | | towing service where the vehicle is impounded, shall
cause a | 10 | | notice of the time and place of the sale to be sent by | 11 | | certified
mail to the registered owner, lienholder, or other | 12 | | legally entitled persons. Notice as provided in Sections 4-205 | 13 | | and 4-206 of this Code and as
provided in this subsection (b) | 14 | | shall state the time and place of
sale and shall
contain a | 15 | | complete description
of the vehicle to be sold and what steps | 16 | | must be taken by any legally
entitled person to reclaim the | 17 | | vehicle.
| 18 | | (c) (Blank). If an abandoned, lost, stolen, or unclaimed | 19 | | vehicle displays dealer
plates, notice under this Section and | 20 | | Section 4-209 of this Code shall be sent
to both the dealer and | 21 | | the registered owner, lienholder, or other legally
entitled | 22 | | persons.
| 23 | | (d) (Blank). In those instances where the certified | 24 | | notification specified in
Sections 4-205 and 4-206 of this Code | 25 | | has been returned by the postal
authorities to the law | 26 | | enforcement agency or towing service, the sending of a second
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| 1 | | certified notice will not be required.
| 2 | | (Source: P.A. 94-650, eff. 1-1-06.)
| 3 | | (625 ILCS 5/4-209.1) (from Ch. 95 1/2, par. 4-209.1)
| 4 | | Sec. 4-209.1. Disposal of hazardous dilapidated motor | 5 | | vehicles. Any
hazardous dilapidated motor vehicle impounded | 6 | | pursuant to the provisions of
this Article and Section | 7 | | 11-40-3.1 of the Illinois Municipal Code, whether
impounded at | 8 | | a public facility or on the property of private towing
service, | 9 | | shall be kept in custody for a period of 10 business days for | 10 | | the purpose
of determining the identity of the registered owner | 11 | | or lienholder and
contacting such owner or lienholder, if | 12 | | known, by regular U.S. Mail. At
the expiration of the 10 | 13 | | business day -day period, without benefit of disposition
| 14 | | information being received from the registered owner or | 15 | | lienholder, the towing service may dispose law
enforcement | 16 | | agency having jurisdiction will authorize the disposal of the
| 17 | | vehicle as junk.
| 18 | | (Source: P.A. 86-460.)
| 19 | | (625 ILCS 5/4-209.2)
| 20 | | Sec. 4-209.2. Collection of unpaid charges. | 21 | | (a) When a vehicle is abandoned or unclaimed, it shall be | 22 | | presumed that the last registered owner is responsible for the | 23 | | abandonment and shall be liable for all towing, storage, and | 24 | | collection costs, less any amounts realized in the disposal of |
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| 1 | | the vehicle. The last registered owner's liability for storage | 2 | | fees may not exceed a maximum of 60 days. | 3 | | (b) The presumption established under this Section may be | 4 | | rebutted by a showing that, prior to the time of the tow: | 5 | | (1) a report of vehicle theft was filed with respect to | 6 | | the vehicle; or | 7 | | (2) the vehicle was sold or transferred and the last | 8 | | registered owner provides the towing service with the | 9 | | identify and address of the new owner at the time of the | 10 | | sale or transfer. | 11 | | In an action to collect
towing, storage, and processing charges | 12 | | that remain unpaid after disposition of
a vehicle towed or | 13 | | relocated under this Code, the towing service may recover
| 14 | | reasonable collection costs.
| 15 | | (Source: P.A. 89-433, eff. 12-15-95.)
| 16 | | (625 ILCS 5/4-209.3 new) | 17 | | Sec. 4-209.3. Personal property; unpaid charges after | 18 | | sale. | 19 | | (a) Any personal property belonging to the vehicle owner in | 20 | | a vehicle subject to a lien under this Section shall likewise | 21 | | be subject to that lien, except for: child restraint systems as | 22 | | defined in Section 4 of the Child Passenger Protection Act and | 23 | | other child booster seats; eyeglasses; food; medicine; | 24 | | perishable property; any operator's licenses; any cash, credit | 25 | | cards, or checks or checkbooks; any wallet, purse, or other |
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| 1 | | property containing any operator's license or other | 2 | | identifying documents or materials, cash, credit cards, | 3 | | checks, or checkbooks; and any personal property belonging to a | 4 | | person other than the vehicle owner if that person provides | 5 | | adequate proof that the personal property belongs to that | 6 | | person. The spouse, child, mother, father, brother, or sister | 7 | | of the vehicle owner may claim personal property excepted under | 8 | | this Section if the person claiming the personal property | 9 | | provides the commercial vehicle relocator or towing service | 10 | | with the authorization of the vehicle owner. | 11 | | (b) This subsection applies only in the case of a vehicle | 12 | | that is towed as a result of being involved in an accident. In | 13 | | addition to the personal property excepted under paragraph (a), | 14 | | all other personal property in a vehicle subject to a lien | 15 | | under this subsection (b) is exempt from that lien and may be | 16 | | claimed by the vehicle owner if the vehicle owner provides the | 17 | | commercial vehicle relocator or towing service with proof that | 18 | | the vehicle owner has an insurance policy covering towing and | 19 | | storage fees. The spouse, child, mother, father, brother, or | 20 | | sister of the vehicle owner may claim personal property in a | 21 | | vehicle subject to a lien under this Section if the person | 22 | | claiming the personal property provides the commercial vehicle | 23 | | relocator or towing service with the authorization of the | 24 | | vehicle owner and proof that the vehicle owner has an insurance | 25 | | policy covering towing and storage fees. The regulation of | 26 | | liens on personal property and exceptions to those liens in the |
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| 1 | | case of vehicles towed as a result of being involved in an | 2 | | accident are exclusive powers and functions of the State. A | 3 | | home rule unit may not regulate liens on personal property and | 4 | | exceptions to those liens in the case of vehicles towed as a | 5 | | result of being involved in an accident. This subsection is a | 6 | | denial and limitation of home rule powers and functions under | 7 | | subsection (h) of Section 6 of Article VII of the Illinois | 8 | | Constitution. | 9 | | (c) In an action to collect towing, storage, and processing | 10 | | charges that remain unpaid after disposition of a vehicle towed | 11 | | or relocated under this Code, the towing service may recover | 12 | | reasonable collection costs.
| 13 | | (625 ILCS 5/4-212) (from Ch. 95 1/2, par. 4-212)
| 14 | | Sec. 4-212.
Ownership documents for vehicles after public | 15 | | sale - removal
of liens. When an applicant for a salvage | 16 | | certificate or junking
certificate under this Chapter presents
| 17 | | to the Secretary of State proof that he has purchased or | 18 | | acquired a vehicle
at a public sale as authorized by this | 19 | | Chapter and such fact is certified
to by the law enforcement | 20 | | agency having jurisdiction over the public sale
of a vehicle , | 21 | | the Secretary of State shall issue a salvage certificate or
| 22 | | junking certificate under paragraph (2) of subsection (b) of | 23 | | Section 3-117.1 of this Code for the vehicle upon receipt of | 24 | | the statutory fee and a
properly executed application for a | 25 | | salvage certificate or junking
certificate . The salvage |
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| 1 | | certificate or junking certificate issued by the
Secretary of | 2 | | State under this Section shall be free of any lien that
existed | 3 | | against the vehicle prior to the time the vehicle was acquired | 4 | | by
the applicant under this Chapter.
| 5 | | (Source: P.A. 85-951.)
| 6 | | (625 ILCS 5/4-212.1) (from Ch. 95 1/2, par. 4-212.1)
| 7 | | Sec. 4-212.1.
In cities with more than 500,000 inhabitants, | 8 | | the
corporate authorities may, by ordinance, designate any | 9 | | department of
municipal government to do any of the following:
| 10 | | (1) To perform any of the duties and functions specified | 11 | | for law
enforcement agencies in this Article subsection (a) of | 12 | | Section 4-205 and in Sections
4-201, 4-203, 4-204, 4-206, | 13 | | 4-207, 4-208, 4-209, 4-210, 4-211 and 4-212 ; and
| 14 | | (2) To authorize a towing service to remove and take | 15 | | possession of
abandoned , lost, stolen or unclaimed vehicles, in | 16 | | the manner that municipal
police may make such authorization | 17 | | pursuant to Section 4-202; and
| 18 | | (3) To send notifications as required under subsection (b) | 19 | | of Section 4-208 4-205 .
| 20 | | (Source: P.A. 86-947.)
| 21 | | (625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
| 22 | | Sec. 4-214. Violations of Section 4-201.
| 23 | | (a) Any person who violates Section 4-201 of this Code or | 24 | | who
aids and abets in that violation:
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| 1 | | (1) shall be subject to a mandatory fine of $200; and
| 2 | | (2) shall be required by the court to make a | 3 | | disposition on the abandoned
or unclaimed vehicle and pay | 4 | | all towing, storage, and processing charges and
collection | 5 | | costs pursuant to Section 4-203, subsections (a) and (e) .
| 6 | | (b) (Blank). When a vehicle is abandoned, it shall be | 7 | | presumed that the last
registered owner is responsible for the | 8 | | abandonment and shall be liable for
all towing, storage, and | 9 | | processing charges and collection costs, less any
amounts | 10 | | realized in the disposal of the vehicle. The last registered | 11 | | owner's
liability for storage fees may not exceed a maximum of | 12 | | 30 days' storage fees.
| 13 | | The presumption established under this subsection may
be | 14 | | rebutted by a showing that, prior to the time of the tow:
| 15 | | (1) a report of vehicle theft was filed with respect to | 16 | | the vehicle; or
| 17 | | (2) the vehicle was sold or transferred and the last | 18 | | registered owner
provides the towing service with the | 19 | | correct identity and address of the new
owner at the time | 20 | | of the sale or transfer.
| 21 | | If the presumption established under this subsection is | 22 | | rebutted, the person
responsible for theft of the vehicle or to | 23 | | whom the vehicle was sold or
transferred is liable for all | 24 | | towing, storage, and processing charges and
collection costs.
| 25 | | (Source: P.A. 89-433, eff. 12-15-95.)
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| 1 | | (625 ILCS 5/4-215)
| 2 | | Sec. 4-215. Rebuilt vehicles; clean titles. A tow service | 3 | | authorized by a law enforcement agency to tow a vehicle may | 4 | | obtain a certificate of title for that towed vehicle that is | 5 | | not a salvage or junking certificate from a certificate of | 6 | | purchase if the vehicle has not sustained any structural | 7 | | damage, there is no history of a salvage certificate, and the | 8 | | vehicle has undergone a salvage inspection by the Secretary of | 9 | | State and a safety inspection under Section 13-101 of this | 10 | | Code. The application for a certificate of title applied for | 11 | | under this Section shall contain an affirmation under penalty | 12 | | of perjury that the vehicle on the date of the tow was not | 13 | | damaged in excess of 33% of its fair market value, has no | 14 | | structural damage and has no history of salvage. The Secretary | 15 | | of State may adopt rules to implement this Section. Persons | 16 | | licensed under
Section 5-301 of this Code may obtain a | 17 | | certificate of title that does not bear
the notation "REBUILT" | 18 | | from a certificate of purchase when the damage to the
vehicle | 19 | | is 25% or less of its market value, there has been no | 20 | | structural damage
to the vehicle, there is no history of a | 21 | | salvage certificate, and the vehicle
has undergone a salvage | 22 | | inspection by the Secretary of State and a safety
inspection | 23 | | under Section 13-101 of this Code. The application for a
| 24 | | certificate of title shall contain an affirmation under penalty | 25 | | for perjury
that the vehicle on the date of the application is | 26 | | not damaged in excess of 25%
of its market value, has no |
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| 1 | | structural damage, and has no history of
salvage.
| 2 | | (Source: P.A. 89-433, eff. 12-15-95.)
| 3 | | (625 ILCS 5/4-206 rep.) | 4 | | (625 ILCS 5/4-209 rep.) | 5 | | Section 10. The Illinois Vehicle Code is amended by | 6 | | repealing Sections 4-206 and 4-209.".
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