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90_HB1737
625 ILCS 5/4-203 from Ch. 95 1/2, par. 4-203
Amends the Illinois Vehicle Code to provide that a person
shall not tow a vehicle from private property without filing
a notice of intent in the community at least 5 (instead of 7)
days before towing.
LRB9003029NTsb
LRB9003029NTsb
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 4-203.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 4-203 as follows:
7 (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
8 Sec. 4-203. Removal of motor vehicles or other vehicles;
9 Towing or hauling away.
10 (a) When a vehicle is abandoned, or left unattended, on a
11 toll highway, interstate highway, or expressway for 2 hours
12 or more, its removal by a towing service may be authorized by
13 a law enforcement agency having jurisdiction.
14 (b) When a vehicle is abandoned on a highway in an urban
15 district 10 hours or more, its removal by a towing service
16 may be authorized by a law enforcement agency having
17 jurisdiction.
18 (c) When a vehicle is abandoned or left unattended on a
19 highway other than a toll highway, interstate highway, or
20 expressway, outside of an urban district for 24 hours or
21 more, its removal by a towing service may be authorized by a
22 law enforcement agency having jurisdiction.
23 (d) When an abandoned, unattended, wrecked, burned or
24 partially dismantled vehicle is creating a traffic hazard
25 because of its position in relation to the highway or its
26 physical appearance is causing the impeding of traffic, its
27 immediate removal from the highway or private property
28 adjacent to the highway by a towing service may be authorized
29 by a law enforcement agency having jurisdiction.
30 (e) Whenever a peace officer reasonably believes that a
31 person under arrest for a violation of Section 11-501 of this
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1 Code or a similar provision of a local ordinance is likely,
2 upon release, to commit a subsequent violation of Section
3 11-501, or a similar provision of a local ordinance, the
4 arresting officer shall have the vehicle which the person was
5 operating at the time of the arrest impounded for a period of
6 not more than 6 hours after the time of arrest. However, such
7 vehicle may be released by the arresting law enforcement
8 agency prior to the end of the impoundment period if:
9 (1) the vehicle was not owned by the person under
10 arrest, and the lawful owner requesting such release
11 possesses a valid operator's license, proof of ownership,
12 and would not, as determined by the arresting law
13 enforcement agency, indicate a lack of ability to operate
14 a motor vehicle in a safe manner, or who would otherwise,
15 by operating such motor vehicle, be in violation of this
16 Code; or
17 (2) the vehicle is owned by the person under
18 arrest, and the person under arrest gives permission to
19 another person to operate such vehicle, provided however,
20 that the other person possesses a valid operator's
21 license and would not, as determined by the arresting law
22 enforcement agency, indicate a lack of ability to operate
23 a motor vehicle in a safe manner or who would otherwise,
24 by operating such motor vehicle, be in violation of this
25 Code.
26 (f) Except as provided in Chapter 18a of this Code, the
27 owner or lessor of privately owned real property within this
28 State, or any person authorized by such owner or lessor, or
29 any law enforcement agency in the case of publicly owned real
30 property may cause any motor vehicle abandoned or left
31 unattended upon such property without permission to be
32 removed by a towing service without liability for the costs
33 of removal, transportation or storage or damage caused by
34 such removal, transportation or storage. The towing or
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1 removal of any vehicle from private property without the
2 consent of the registered owner or other legally authorized
3 person in control of the vehicle is subject to compliance
4 with the following conditions and restrictions:
5 1. Any towed or removed vehicle must be stored at
6 the site of the towing service's place of business. The
7 site must be open during business hours, and for the
8 purpose of redemption of vehicles, during the time that
9 the person or firm towing such vehicle is open for towing
10 purposes.
11 2. The towing service shall within 30 minutes of
12 completion of such towing or removal, notify the law
13 enforcement agency having jurisdiction of such towing or
14 removal, and the make, model, color and license plate
15 number of the vehicle, and shall obtain and record the
16 name of the person at the law enforcement agency to whom
17 such information was reported.
18 3. If the registered owner or legally authorized
19 person entitled to possession of the vehicle shall arrive
20 at the scene prior to actual removal or towing of the
21 vehicle, the vehicle shall be disconnected from the tow
22 truck and that person shall be allowed to remove the
23 vehicle without interference, upon the payment of a
24 reasonable service fee of not more than one half the
25 posted rate of the towing service as provided in
26 paragraph 6 of this subsection, for which a receipt shall
27 be given.
28 4. The rebate or payment of money or any other
29 valuable consideration from the towing service or its
30 owners, managers or employees to the owners or operators
31 of the premises from which the vehicles are towed or
32 removed, for the privilege of removing or towing those
33 vehicles, is prohibited. Any individual who violates
34 this paragraph shall be guilty of a Class A misdemeanor.
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1 5. Except for property appurtenant to and obviously
2 a part of a single family residence, and except for
3 instances where notice is personally given to the owner
4 or other legally authorized person in control of the
5 vehicle that the area in which that vehicle is parked is
6 reserved or otherwise unavailable to unauthorized
7 vehicles and they are subject to being removed at the
8 owner or operator's expense, any property owner or
9 lessor, prior to towing or removing any vehicle from
10 private property without the consent of the owner or
11 other legally authorized person in control of that
12 vehicle, must post a notice meeting the following
13 requirements:
14 a. The notice must be prominently placed at
15 each driveway access or curb cut allowing vehicular
16 access to the property within 5 feet from the public
17 right-of-way line. If there are no curbs or access
18 barriers, the sign must be posted not less than one
19 sign each 100 feet of lot frontage.
20 b. The notice must indicate clearly, in not
21 less than 2 inch high light-reflective letters on a
22 contrasting background, that unauthorized vehicles
23 will be towed away at the owner's expense.
24 c. The notice must also provide the name and
25 current telephone number of the towing service
26 towing or removing the vehicle.
27 d. The sign structure containing the required
28 notices must be permanently installed with the
29 bottom of the sign not less than 4 feet above ground
30 level, and must be continuously maintained on the
31 property for not less than 24 hours prior to the
32 towing or removing of any vehicle.
33 6. Any towing service that tows or removes vehicles
34 and proposes to require the owner, operator, or person in
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1 control of the vehicle to pay the costs of towing and
2 storage prior to redemption of the vehicle must file and
3 keep on record with the local law enforcement agency a
4 complete copy of the current rates to be charged for such
5 services, and post at the storage site an identical rate
6 schedule and any written contracts with property owners,
7 lessors, or persons in control of property which
8 authorize them to remove vehicles as provided in this
9 Section.
10 7. No person shall engage in the removal of
11 vehicles from private property as described in this
12 Section without filing a notice of intent in each
13 community where he intends to do such removal, and such
14 notice shall be filed at least 5 7 days before commencing
15 such towing.
16 8. No removal of a vehicle from private property
17 shall be done except upon express written instructions of
18 the owners or persons in charge of the private property
19 upon which the vehicle is said to be trespassing.
20 9. Vehicle entry for the purpose of removal shall
21 be allowed with reasonable care on the part of the person
22 or firm towing the vehicle. Such person or firm shall be
23 liable for any damages occasioned to the vehicle if such
24 entry is not in accordance with the standards of
25 reasonable care.
26 10. When a vehicle has been towed or removed
27 pursuant to this Section, it must be released to its
28 owner or custodian within one half hour after requested,
29 if such request is made during business hours. Any
30 vehicle owner or custodian or agent shall have the right
31 to inspect the vehicle before accepting its return, and
32 no release or waiver of any kind which would release the
33 towing service from liability for damages incurred during
34 the towing and storage may be required from any vehicle
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1 owner or other legally authorized person as a condition
2 of release of the vehicle. A detailed, signed receipt
3 showing the legal name of the towing service must be
4 given to the person paying towing or storage charges at
5 the time of payment, whether requested or not.
6 This Section shall not apply to law enforcement,
7 firefighting, rescue, ambulance, or other emergency vehicles
8 which are marked as such or to property owned by any
9 governmental entity.
10 When an authorized person improperly causes a motor
11 vehicle to be removed, such person shall be liable to the
12 owner or lessee of the vehicle for the cost or removal,
13 transportation and storage, any damages resulting from the
14 removal, transportation and storage, attorney's fee and court
15 costs.
16 Any towing or storage charges accrued shall be payable by
17 the use of any major credit card, in addition to being
18 payable in cash.
19 11. Towing companies shall also provide insurance
20 coverage for areas where vehicles towed under the
21 provisions of this Chapter will be impounded or otherwise
22 stored, and shall adequately cover loss by fire, theft or
23 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
27 than $500.
28 (g) When a vehicle is determined to be a hazardous
29 dilapidated motor vehicle pursuant to Section 11-40-3.1 of
30 the Illinois Municipal Code, its removal and impoundment by a
31 towing service may be authorized by a law enforcement agency
32 with appropriate jurisdiction.
33 When a vehicle removal from either public or private
34 property is authorized by a law enforcement agency, the owner
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1 of the vehicle shall be responsible for all towing and
2 storage charges.
3 Vehicles removed from public or private property and
4 stored by a commercial vehicle relocator or any other towing
5 service in compliance with this Section and Sections 4-201
6 and 4-202 of this Code, shall be subject to a possessor lien
7 for services pursuant to "An Act concerning liens for labor,
8 services, skill or materials furnished upon or storage
9 furnished for chattels", filed July 24, 1941, as amended, and
10 the provisions of Section 1 of that Act relating to notice
11 and implied consent shall be deemed satisfied by compliance
12 with Section 18a-302 and subsection (6) of Section 18a-300.
13 In no event shall such lien be greater than the rate or rates
14 established in accordance with subsection (6) of Section
15 18a-200 of this Code. In no event shall such lien be
16 increased or altered to reflect any charge for services or
17 materials rendered in addition to those authorized by this
18 Act. Every such lien shall be payable by use of any major
19 credit card, in addition to being payable in cash.
20 (Source: P.A. 86-460; 86-820; 86-1028; 87-531.)