Full Text of HB1399 99th General Assembly
HB1399 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1399 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: |
|
625 ILCS 5/18a-300 | from Ch. 95 1/2, par. 18a-300 |
|
Amends the Illinois Commercial Relocation of Trespassing Vehicles Law of the Illinois Vehicle Code. Makes it unlawful for a commercial vehicle relocator to remove a trespassing vehicle from private property without notifying the law enforcement authorities in the jurisdiction where the vehicle is located prior to removal of the vehicle (rather than within one hour of the vehicle's removal). A violation is a Class C misdemeanor, a civil penalty of not less than $100 nor more than $1,000 may also be imposed, and the relocator's license may be subject to suspension or revocation.
|
| |
| | A BILL FOR |
|
| | | HB1399 | | LRB099 00148 MRW 20148 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 18a-300 as follows:
| 6 | | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 7 | | Sec. 18a-300. Commercial vehicle relocators - Unlawful | 8 | | practices. It
shall be unlawful for any commercial vehicle | 9 | | relocator:
| 10 | | (1) To operate in any county in which this Chapter is | 11 | | applicable
without a valid, current relocator's license as | 12 | | provided in Article IV
of this Chapter;
| 13 | | (2) To employ as an operator, or otherwise so use the | 14 | | services of,
any person who does not have at the | 15 | | commencement of employment or
service, or at any time | 16 | | during the course of employment or service, a
valid, | 17 | | current operator's employment permit, or temporary | 18 | | operator's
employment permit issued in accordance with | 19 | | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | 20 | | notify the Commission, in writing, of any
known criminal | 21 | | conviction of any employee occurring at any time before
or | 22 | | during the course of employment or service;
| 23 | | (3) To employ as a dispatcher, or otherwise so use the |
| | | HB1399 | - 2 - | LRB099 00148 MRW 20148 b |
|
| 1 | | services of, any
person who does not have at the | 2 | | commencement of employment or service, or
at any time | 3 | | during the course of employment or service, a valid, | 4 | | current
dispatcher's or operator's employment permit or | 5 | | temporary dispatcher's or
operator's employment permit | 6 | | issued in accordance with Sections 18a-403 or
18a-407 of | 7 | | this Chapter; or to fail to notify the Commission, in | 8 | | writing,
of any known criminal conviction of any employee | 9 | | occurring at any time
before or during the course of | 10 | | employment or service;
| 11 | | (4) To operate upon the highways of this State any | 12 | | vehicle used in
connection with any commercial vehicle | 13 | | relocation service unless:
| 14 | |
(A) There is painted or firmly affixed to the | 15 | | vehicle on both sides of the
vehicle in a color or | 16 | | colors vividly contrasting to the color of the vehicle
| 17 | | the name, address and telephone number of the | 18 | | relocator.
The Commission shall prescribe reasonable | 19 | | rules and regulations
pertaining to insignia to be | 20 | | painted or firmly affixed to vehicles and
shall waive | 21 | | the requirements of the address on any vehicle in cases
| 22 | | where the operator of a vehicle has painted or | 23 | | otherwise firmly affixed
to the vehicle a seal or trade | 24 | | mark that clearly identifies the
operator of the | 25 | | vehicle; and
| 26 | |
(B) There is carried in the power unit of the |
| | | HB1399 | - 3 - | LRB099 00148 MRW 20148 b |
|
| 1 | | vehicle a certified
copy of the currently effective | 2 | | relocator's license and operator's
employment permit. | 3 | | Copies may be photographed, photocopied, or reproduced
| 4 | | or printed by any other legible and durable process. | 5 | | Any person guilty of
not causing to be displayed a copy | 6 | | of his relocator's license and
operator's employment | 7 | | permit may in any hearing concerning the violation
be | 8 | | excused from the payment of the penalty hereinafter | 9 | | provided upon a
showing that the license was issued by | 10 | | the Commission, but was
subsequently lost or | 11 | | destroyed;
| 12 | | (5) To operate upon the highways of this State any | 13 | | vehicle used in
connection with any commercial vehicle | 14 | | relocation service that bears the
name or address and | 15 | | telephone number of any person or entity other than
the | 16 | | relocator by which it is owned or to which it is leased;
| 17 | | (6) To advertise in any newspaper, book, list, | 18 | | classified directory
or other publication unless there is | 19 | | contained in the advertisement the
license number of the | 20 | | relocator;
| 21 | | (7) To remove any vehicle from private property without | 22 | | having first
obtained the written authorization of the | 23 | | property owner or other person
in lawful possession or | 24 | | control of the property, his authorized agent,
or an | 25 | | authorized law enforcement officer. The authorization may | 26 | | be on
a contractual basis covering a period of time or |
| | | HB1399 | - 4 - | LRB099 00148 MRW 20148 b |
|
| 1 | | limited to a specific
removal;
| 2 | | (8) To charge the private property owner, who requested | 3 | | that an
unauthorized vehicle be removed from his property, | 4 | | with the costs of
removing the vehicle contrary to any | 5 | | terms that may be a part of the
contract between the | 6 | | property owner and the commercial relocator.
Nothing in | 7 | | this paragraph shall prevent a relocator from assessing,
| 8 | | collecting, or receiving from the property owner, lessee, | 9 | | or their agents
any fee prescribed by the Commission;
| 10 | | (9) To remove a vehicle when the owner or operator of | 11 | | the vehicle
is present or arrives at the vehicle location | 12 | | at any time prior to the
completion of removal, and is | 13 | | willing and able to remove the vehicle
immediately;
| 14 | | (10) To remove any vehicle from property on which signs | 15 | | are required
and on which there are not posted appropriate | 16 | | signs under Section
18a-302;
| 17 | | (11) To fail to notify law enforcement authorities in | 18 | | the
jurisdiction in which the trespassing vehicle is | 19 | | located prior to removal of the vehicle was removed within | 20 | | one
hour of the removal . Notification shall include a | 21 | | complete description
of the vehicle, registration numbers | 22 | | if possible, the location from which the vehicle is to be | 23 | | locations from
which and to which the vehicle was removed, | 24 | | the location to which the vehicle will be relocated, the | 25 | | expected time of removal, and any
other information | 26 | | required by regulation, statute , or ordinance;
|
| | | HB1399 | - 5 - | LRB099 00148 MRW 20148 b |
|
| 1 | | (12) To impose any charge other than in accordance with | 2 | | the rates set by the
Commission as provided in paragraph | 3 | | (6) of Section 18a-200 of this Chapter;
| 4 | | (13) To fail, in the office or location at which | 5 | | relocated vehicles
are routinely returned to their owners, | 6 | | to prominently post the name,
address and telephone number | 7 | | of the nearest office of the Commission to
which inquiries | 8 | | or complaints may be sent;
| 9 | | (13.1) To fail to distribute to each owner or operator | 10 | | of a relocated
vehicle, in written form as prescribed by | 11 | | Commission rule or regulation, the
relevant statutes, | 12 | | regulations and ordinances governing commercial vehicle
| 13 | | relocators, including, in at least 12 point boldface type, | 14 | | the name, address
and telephone number of the nearest | 15 | | office of the Commission to which inquiries
or complaints | 16 | | may be sent;
| 17 | | (13.2) To fail, in the office or location at which | 18 | | relocated vehicles
are routinely returned to their owners, | 19 | | to ensure that the relocator's representative provides | 20 | | suitable evidence of his or her identity to the owners of | 21 | | relocated vehicles upon request;
| 22 | | (14) To remove any vehicle, otherwise in accordance | 23 | | with this Chapter,
more than 15 air miles from its location | 24 | | when towed from a location in an
unincorporated area of a | 25 | | county or more than 10 air miles from its location
when | 26 | | towed from any other location;
|
| | | HB1399 | - 6 - | LRB099 00148 MRW 20148 b |
|
| 1 | | (15) To fail to make a telephone number available to | 2 | | the police department
of any municipality in which a | 3 | | relocator operates at which the relocator
or an employee of | 4 | | the relocator may be contacted at any time during the
hours | 5 | | in which the relocator is engaged in the towing of | 6 | | vehicles, or
advertised as engaged in the towing of | 7 | | vehicles, for the purpose of
effectuating the release of a | 8 | | towed vehicle; or to fail to include the
telephone number | 9 | | in any advertisement of the relocator's services published
| 10 | | or otherwise appearing on or after the effective date of | 11 | | this amendatory
Act; or to fail to have an employee | 12 | | available at any time on the
premises owned or controlled | 13 | | by the relocator for the purposes of arranging
for the | 14 | | immediate release of the vehicle.
| 15 | | Apart from any other penalty or liability authorized | 16 | | under this Act, if
after a reasonable effort, the owner of | 17 | | the vehicle is unable to make telephone
contact with the | 18 | | relocator for a period of one hour from his initial attempt
| 19 | | during any time period in which the relocator is required | 20 | | to respond at
the number, all fees for towing, storage, or | 21 | | otherwise are to be waived. Proof
of 3 attempted phone | 22 | | calls to the number provided to the police department
by an | 23 | | officer or employee of the department on behalf of the | 24 | | vehicle owner
within the space of one hour, at least 2 of | 25 | | which are separated by 45 minutes,
shall be deemed | 26 | | sufficient proof of the owner's reasonable effort to make
|
| | | HB1399 | - 7 - | LRB099 00148 MRW 20148 b |
|
| 1 | | contact with the vehicle relocator. Failure of the | 2 | | relocator to respond to
the phone calls is not a criminal | 3 | | violation of this Chapter;
| 4 | | (16) To use equipment which the relocator does not own, | 5 | | except in
compliance with Section 18a-306 of this Chapter | 6 | | and Commission regulations.
No equipment can be leased to | 7 | | more than one relocator at any time.
Equipment leases shall | 8 | | be filed with the Commission. If equipment is leased
to one | 9 | | relocator, it cannot thereafter be leased to another | 10 | | relocator until
a written cancellation of lease is properly | 11 | | filed with the Commission;
| 12 | | (17) To use drivers or other personnel who are not | 13 | | employees or
contractors of the relocator;
| 14 | | (18) To fail to refund any amount charged in excess of | 15 | | the reasonable
rate established by the Commission;
| 16 | | (19) To violate any other provision of this Chapter, or | 17 | | of Commission
regulations or orders adopted under this | 18 | | Chapter.
| 19 | | (Source: P.A. 94-650, eff. 1-1-06.)
|
|