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92_SB2169
LRB9214835DHgc
1 AN ACT concerning vehicles.
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
5 changing Sections 1-105.5, 6-204, 11-208.3, and 11-306 as
6 follows:
7 (625 ILCS 5/1-105.5)
8 Sec. 1-105.5. Automated red light enforcement system. A
9 system in a municipality with a population of 1,000,000 or
10 more operated by a governmental agency, in cooperation with a
11 law enforcement agency, that photographically records a motor
12 vehicle's response to a traffic control signal with a red
13 light indication and is designed to obtain a clear photograph
14 of the vehicle and the vehicle's license plate when the motor
15 vehicle is involved in a motor vehicle accident, leaving the
16 scene of a motor vehicle accident, or reckless driving that
17 results in bodily injury.
18 (Source: P.A. 90-86, eff. 7-10-97.)
19 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
20 Sec. 6-204. When Court to forward License and Reports.
21 (a) For the purpose of providing to the Secretary of
22 State the records essential to the performance of the
23 Secretary's duties under this Code to cancel, revoke or
24 suspend the driver's license and privilege to drive motor
25 vehicles of certain minors adjudicated truant minors in need
26 of supervision, addicted, or delinquent and of persons found
27 guilty of the criminal offenses or traffic violations which
28 this Code recognizes as evidence relating to unfitness to
29 safely operate motor vehicles, the following duties are
30 imposed upon public officials:
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1 (1) Whenever any person is convicted of any offense
2 for which this Code makes mandatory the cancellation or
3 revocation of the driver's license or permit of such
4 person by the Secretary of State, the judge of the court
5 in which such conviction is had shall require the
6 surrender to the clerk of the court of all driver's
7 licenses or permits then held by the person so convicted,
8 and the clerk of the court shall, within 10 days
9 thereafter, forward the same, together with a report of
10 such conviction, to the Secretary.
11 (2) Whenever any person is convicted of any offense
12 under this Code or similar offenses under a municipal
13 ordinance, other than regulations governing standing,
14 parking or weights of vehicles, and excepting the
15 following enumerated Sections of this Code: Sections
16 11-1406 (obstruction to driver's view or control),
17 11-1407 (improper opening of door into traffic), 11-1410
18 (coasting on downgrade), 11-1411 (following fire
19 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
20 (driving vehicle which is in unsafe condition or
21 improperly equipped), 12-201(a) (daytime lights on
22 motorcycles), 12-202 (clearance, identification and side
23 marker lamps), 12-204 (lamp or flag on projecting load),
24 12-205 (failure to display the safety lights required),
25 12-401 (restrictions as to tire equipment), 12-502
26 (mirrors), 12-503 (windshields must be unobstructed and
27 equipped with wipers), 12-601 (horns and warning
28 devices), 12-602 (mufflers, prevention of noise or
29 smoke), 12-603 (seat safety belts), 12-702 (certain
30 vehicles to carry flares or other warning devices),
31 12-703 (vehicles for oiling roads operated on highways),
32 12-710 (splash guards and replacements), 13-101 (safety
33 tests), 15-101 (size, weight and load), 15-102 (width),
34 15-103 (height), 15-104 (name and address on second
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1 division vehicles), 15-107 (length of vehicle), 15-109.1
2 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
3 15-301 (weights), 15-316 (weights), 15-318 (weights), and
4 also excepting the following enumerated Sections of the
5 Chicago Municipal Code: Sections 27-245 (following fire
6 apparatus), 27-254 (obstruction of traffic), 27-258
7 (driving vehicle which is in unsafe condition), 27-259
8 (coasting on downgrade), 27-264 (use of horns and signal
9 devices), 27-265 (obstruction to driver's view or driver
10 mechanism), 27-267 (dimming of headlights), 27-268
11 (unattended motor vehicle), 27-272 (illegal funeral
12 procession), 27-273 (funeral procession on boulevard),
13 27-275 (driving freight hauling vehicles on boulevard),
14 27-276 (stopping and standing of buses or taxicabs),
15 27-277 (cruising of public passenger vehicles), 27-305
16 (parallel parking), 27-306 (diagonal parking), 27-307
17 (parking not to obstruct traffic), 27-308 (stopping,
18 standing or parking regulated), 27-311 (parking
19 regulations), 27-312 (parking regulations), 27-313
20 (parking regulations), 27-314 (parking regulations),
21 27-315 (parking regulations), 27-316 (parking
22 regulations), 27-317 (parking regulations), 27-318
23 (parking regulations), 27-319 (parking regulations),
24 27-320 (parking regulations), 27-321 (parking
25 regulations), 27-322 (parking regulations), 27-324
26 (loading and unloading at an angle), 27-333 (wheel and
27 axle loads), 27-334 (load restrictions in the downtown
28 district), 27-335 (load restrictions in residential
29 areas), 27-338 (width of vehicles), 27-339 (height of
30 vehicles), 27-340 (length of vehicles), 27-352
31 (reflectors on trailers), 27-353 (mufflers), 27-354
32 (display of plates), 27-355 (display of city vehicle tax
33 sticker), 27-357 (identification of vehicles), 27-358
34 (projecting of loads), and also excepting the following
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1 enumerated paragraphs of Section 2-201 of the Rules and
2 Regulations of the Illinois State Toll Highway Authority:
3 (l) (driving unsafe vehicle on tollway), (m) (vehicles
4 transporting dangerous cargo not properly indicated), and
5 also excepting a violation of subsection (c) of Section
6 11-306 or a similar offense under a municipal ordinance
7 that is reported in accordance with paragraph (6) of this
8 subsection (a), it shall be the duty of the clerk of the
9 court in which such conviction is had within 10 days
10 thereafter to forward to the Secretary of State a report
11 of the conviction and the court may recommend the
12 suspension of the driver's license or permit of the
13 person so convicted.
14 The reporting requirements of this subsection shall apply
15 to all violations stated in paragraphs (1) and (2) of this
16 subsection when the individual has been adjudicated under the
17 Juvenile Court Act or the Juvenile Court Act of 1987. Such
18 reporting requirements shall also apply to individuals
19 adjudicated under the Juvenile Court Act or the Juvenile
20 Court Act of 1987 who have committed a violation of Section
21 11-501 of this Code, or similar provision of a local
22 ordinance, or Section 9-3 of the Criminal Code of 1961, as
23 amended, relating to the offense of reckless homicide. The
24 reporting requirements of this subsection shall also apply to
25 a truant minor in need of supervision, an addicted minor, or
26 a delinquent minor and whose driver's license and privilege
27 to drive a motor vehicle has been ordered suspended for such
28 times as determined by the Court, but only until he or she
29 attains 18 years of age. It shall be the duty of the clerk
30 of the court in which adjudication is had within 10 days
31 thereafter to forward to the Secretary of State a report of
32 the adjudication and the court order requiring the Secretary
33 of State to suspend the minor's driver's license and driving
34 privilege for such time as determined by the Court, but only
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1 until he or she attains the age of 18 years. All juvenile
2 court dispositions reported to the Secretary of State under
3 this provision shall be processed by the Secretary of State
4 as if the cases had been adjudicated in traffic or criminal
5 court. However, information reported relative to the offense
6 of reckless homicide, or Section 11-501 of this Code, or a
7 similar provision of a local ordinance, shall be privileged
8 and available only to the Secretary of State, courts, and
9 police officers.
10 (3) Whenever an order is entered vacating the
11 forfeiture of any bail, security or bond given to secure
12 appearance for any offense under this Code or similar
13 offenses under municipal ordinance, it shall be the duty
14 of the clerk of the court in which such vacation was had
15 or the judge of such court if such court has no clerk,
16 within 10 days thereafter to forward to the Secretary of
17 State a report of the vacation.
18 (4) A report of any disposition of court
19 supervision for a violation of Sections 6-303, 11-401,
20 11-501 or a similar provision of a local ordinance,
21 11-503 and 11-504 shall be forwarded to the Secretary of
22 State. A report of any disposition of court supervision
23 for a violation of an offense defined as a serious
24 traffic violation in this Code or a similar provision of
25 a local ordinance committed by a person under the age of
26 21 years shall be forwarded to the Secretary of State.
27 (5) Reports of conviction under this Code and
28 sentencing hearings under the Juvenile Court Act of 1987
29 in an electronic format or a computer processible medium
30 shall be forwarded to the Secretary of State via the
31 Supreme Court in the form and format required by the
32 Illinois Supreme Court and established by a written
33 agreement between the Supreme Court and the Secretary of
34 State. In counties with a population over 300,000,
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1 instead of forwarding reports to the Supreme Court,
2 reports of conviction under this Code and sentencing
3 hearings under the Juvenile Court Act of 1987 in an
4 electronic format or a computer processible medium may be
5 forwarded to the Secretary of State by the Circuit Court
6 Clerk in a form and format required by the Secretary of
7 State and established by written agreement between the
8 Circuit Court Clerk and the Secretary of State. Failure
9 to forward the reports of conviction or sentencing
10 hearing under the Juvenile Court Act of 1987 as required
11 by this Section shall be deemed an omission of duty and
12 it shall be the duty of the several State's Attorneys to
13 enforce the requirements of this Section.
14 (6) Whenever any municipality has established a
15 system of administrative adjudication to determine
16 liability for a violation of subsection (c) of Section
17 11-306 or a similar offense under a municipal ordinance
18 that is recorded by an automated red light enforcement
19 system, the municipality, within 10 days after
20 determining liability for a violation, shall forward a
21 report of the adjudication to the Secretary of State.
22 The report shall be in a form required by the Secretary
23 of State.
24 (b) Whenever a restricted driving permit is forwarded to
25 a court, as a result of confiscation by a police officer
26 pursuant to the authority in Section 6-113(f), it shall be
27 the duty of the clerk, or judge, if the court has no clerk,
28 to forward such restricted driving permit and a facsimile of
29 the officer's citation to the Secretary of State as
30 expeditiously as practicable.
31 (c) For the purposes of this Code, a forfeiture of bail
32 or collateral deposited to secure a defendant's appearance in
33 court when forfeiture has not been vacated, or the failure of
34 a defendant to appear for trial after depositing his driver's
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1 license in lieu of other bail, shall be equivalent to a
2 conviction.
3 (d) For the purpose of providing the Secretary of State
4 with records necessary to properly monitor and assess driver
5 performance and assist the courts in the proper disposition
6 of repeat traffic law offenders, the clerk of the court shall
7 forward to the Secretary of State, on a form prescribed by
8 the Secretary, records of a driver's participation in a
9 driver remedial or rehabilitative program which was required,
10 through a court order or court supervision, in relation to
11 the driver's arrest for a violation of Section 11-501 of this
12 Code or a similar provision of a local ordinance. The clerk
13 of the court shall also forward to the Secretary, either on
14 paper or in an electronic format or a computer processible
15 medium as required under paragraph (5) of subsection (a) of
16 this Section, any disposition of court supervision for any
17 traffic violation, excluding those offenses listed in
18 paragraph (2) of subsection (a) of this Section. These
19 reports shall be sent within 10 days after disposition, or,
20 if the driver is referred to a driver remedial or
21 rehabilitative program, within 10 days of the driver's
22 referral to that program. These reports received by the
23 Secretary of State, including those required to be forwarded
24 under paragraph (a)(4), shall be privileged information,
25 available only (i) to the affected driver and (ii) for use by
26 the courts, police officers, prosecuting authorities, and the
27 Secretary of State.
28 (Source: P.A. 91-357, eff. 7-29-99; 91-716, eff. 10-1-00;
29 92-458, eff. 8-22-01.)
30 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
31 Sec. 11-208.3. Administrative adjudication of violations
32 of traffic regulations concerning the standing, parking, or
33 condition of vehicles and automated red light violations.
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1 (a) Any municipality may provide by ordinance for a
2 system of administrative adjudication of vehicular standing
3 and parking violations, and vehicle compliance violations as
4 defined in this subsection, and automated red light
5 violations as defined by this subsection. The administrative
6 system shall have as its purpose the fair and efficient
7 enforcement of municipal regulations through the
8 administrative adjudication of violations of municipal
9 ordinances regulating the standing and parking of vehicles,
10 the condition and use of vehicle equipment, and the display
11 of municipal wheel tax licenses within the municipality's
12 borders. The administrative system shall only have authority
13 to adjudicate civil offenses carrying fines not in excess of
14 $250 that occur after the effective date of the ordinance
15 adopting such a system under this Section. For purposes of
16 this Section, "compliance violation" means a violation of a
17 municipal regulation governing the condition or use of
18 equipment on a vehicle or governing the display of a
19 municipal wheel tax license. For purposes of this Section,
20 "automated red light violation" means a violation of
21 subsection (c) of Section 11-306 or a similar offense under a
22 municipal ordinance that is recorded by an automated red
23 light enforcement system.
24 (b) Any ordinance establishing a system of
25 administrative adjudication under this Section shall provide
26 for:
27 (1) A traffic compliance administrator authorized
28 to adopt, distribute and process parking and compliance
29 violation notices and other notices required by this
30 Section, collect money paid as fines and penalties for
31 violation of parking and compliance ordinances, and
32 operate an administrative adjudication system. The
33 traffic compliance administrator also may make a
34 certified report to the Secretary of State under Section
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1 6-306.5.
2 (2) A parking, standing, or compliance, or
3 automated red light violation notice that shall specify
4 the date, time, and place of violation of a parking,
5 standing, or compliance, or automated red light
6 regulation; the particular regulation violated; the fine
7 and any penalty that may be assessed for late payment,
8 when so provided by ordinance; the vehicle make and state
9 registration number; and the identification number of the
10 person issuing the notice. With regard to municipalities
11 with a population of 1 million or more, it shall be
12 grounds for dismissal of a parking violation if the State
13 registration number or vehicle make specified is
14 incorrect. The violation notice shall state that the
15 payment of the indicated fine, and of any applicable
16 penalty for late payment, shall operate as a final
17 disposition of the violation. The notice also shall
18 contain information as to the availability of a hearing
19 in which the violation may be contested on its merits.
20 The violation notice shall specify the time and manner in
21 which a hearing may be had.
22 (3) Service of the parking, standing, or compliance
23 violation notice by affixing the original or a facsimile
24 of the notice to an unlawfully parked vehicle or by
25 handing the notice to the operator of a vehicle if he or
26 she is present and service of an automated red light
27 violation notice by mail to the address of the registered
28 owner of the cited vehicle as recorded with the Secretary
29 of State within 30 days after the violation. A person
30 authorized by ordinance to issue and serve parking,
31 standing, and compliance, or automated red light
32 violation notices shall certify as to the correctness of
33 the facts entered on the violation notice by signing his
34 or her name to the notice at the time of service or in
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1 the case of a notice produced by a computerized device,
2 by signing a single certificate to be kept by the traffic
3 compliance administrator attesting to the correctness of
4 all notices produced by the device while it was under his
5 or her control. The original or a facsimile of the
6 violation notice shall be retained by the traffic
7 compliance administrator, and shall be a record kept in
8 the ordinary course of business. A parking, standing, or
9 compliance, or automated red light violation notice
10 issued, signed and served in accordance with this
11 Section, or a copy of the notice, shall be prima facie
12 correct and shall be prima facie evidence of the
13 correctness of the facts shown on the notice. The notice
14 or copy shall be admissible in any subsequent
15 administrative or legal proceedings.
16 (4) An opportunity for a hearing for the registered
17 owner of the vehicle cited in the parking, standing, or
18 compliance, or automated red light violation notice in
19 which the owner may contest the merits of the alleged
20 violation, and during which formal or technical rules of
21 evidence shall not apply; provided, however, that under
22 Section 11-1306 of this Code the lessee of a vehicle
23 cited in the violation notice likewise shall be provided
24 an opportunity for a hearing of the same kind afforded
25 the registered owner. The hearings shall be recorded,
26 and the person conducting the hearing on behalf of the
27 traffic compliance administrator shall be empowered to
28 administer oaths and to secure by subpoena both the
29 attendance and testimony of witnesses and the production
30 of relevant books and papers. Persons appearing at a
31 hearing under this Section may be represented by counsel
32 at their expense. The ordinance may also provide for
33 internal administrative review following the decision of
34 the hearing officer.
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1 (5) Service of additional notices, sent by first
2 class United States mail, postage prepaid, to the address
3 of the registered owner of the cited vehicle as recorded
4 with the Secretary of State or, under Section 11-1306 of
5 this Code, to the lessee of the cited vehicle at the last
6 address known to the lessor of the cited vehicle at the
7 time of lease. The service shall be deemed complete as
8 of the date of deposit in the United States mail. The
9 notices shall be in the following sequence and shall
10 include but not be limited to the information specified
11 herein:
12 (i) A second notice of violation. This notice
13 shall specify the date and location of the violation
14 cited in the parking, standing, or compliance, or
15 automated red light violation notice, the particular
16 regulation violated, the vehicle make and state
17 registration number, the fine and any penalty that
18 may be assessed for late payment when so provided by
19 ordinance, the availability of a hearing in which
20 the violation may be contested on its merits, and
21 the time and manner in which the hearing may be had.
22 The notice of violation shall also state that
23 failure either to pay the indicated fine and any
24 applicable penalty, or to appear at a hearing on the
25 merits in the time and manner specified, will result
26 in a final determination of violation liability for
27 the cited violation in the amount of the fine or
28 penalty indicated, and that, upon the occurrence of
29 a final determination of violation liability for the
30 failure, and the exhaustion of, or failure to
31 exhaust, available administrative or judicial
32 procedures for review, any unpaid fine or penalty
33 will constitute a debt due and owing the
34 municipality.
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1 (ii) A notice of final determination of
2 parking, standing, or compliance, or automated red
3 light violation liability. This notice shall be sent
4 following a final determination of parking,
5 standing, or compliance, or automated red light
6 violation liability and the conclusion of judicial
7 review procedures taken under this Section. The
8 notice shall state that the unpaid fine or penalty
9 is a debt due and owing the municipality. The
10 notice shall contain warnings that failure to pay
11 any fine or penalty due and owing the municipality
12 within the time specified may result in the
13 municipality's filing of a petition in the Circuit
14 Court to have the unpaid fine or penalty rendered a
15 judgment as provided by this Section, or may result
16 in suspension of the person's drivers license for
17 failure to pay fines or penalties for 10 or more
18 parking violations under Section 6-306.5.
19 (6) A Notice of impending drivers license
20 suspension. This notice shall be sent to the person
21 liable for any fine or penalty that remains due and owing
22 on 10 or more parking violations. The notice shall state
23 that failure to pay the fine or penalty owing within 45
24 days of the notice's date will result in the municipality
25 notifying the Secretary of State that the person is
26 eligible for initiation of suspension proceedings under
27 Section 6-306.5 of this Code. The notice shall also state
28 that the person may obtain a photostatic copy of an
29 original ticket imposing a fine or penalty by sending a
30 self addressed, stamped envelope to the municipality
31 along with a request for the photostatic copy. The
32 notice of impending drivers license suspension shall be
33 sent by first class United States mail, postage prepaid,
34 to the address recorded with the Secretary of State.
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1 (7) Final determinations of violation liability. A
2 final determination of violation liability shall occur
3 following failure to pay the fine or penalty after a
4 hearing officer's determination of violation liability
5 and the exhaustion of or failure to exhaust any
6 administrative review procedures provided by ordinance.
7 Where a person fails to appear at a hearing to contest
8 the alleged violation in the time and manner specified in
9 a prior mailed notice, the hearing officer's
10 determination of violation liability shall become final:
11 (A) upon denial of a timely petition to set aside that
12 determination, or (B) upon expiration of the period for
13 filing the petition without a filing having been made.
14 (8) A petition to set aside a determination of
15 parking, standing, or compliance, or automated red light
16 violation liability that may be filed by a person owing
17 an unpaid fine or penalty. The petition shall be filed
18 with and ruled upon by the traffic compliance
19 administrator in the manner and within the time specified
20 by ordinance. The grounds for the petition may be limited
21 to: (A) the person not having been the owner or lessee
22 of the cited vehicle on the date the violation notice was
23 issued, (B) the person having already paid the fine or
24 penalty for the violation in question, and (C) excusable
25 failure to appear at or request a new date for a hearing.
26 With regard to municipalities with a population of 1
27 million or more, it shall be grounds for dismissal of a
28 parking violation if the State registration number or
29 vehicle make specified is incorrect. After the
30 determination of parking, standing, or compliance, or
31 automated red light violation liability has been set
32 aside upon a showing of just cause, the registered owner
33 shall be provided with a hearing on the merits for that
34 violation.
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1 (9) Procedures for non-residents. Procedures by
2 which persons who are not residents of the municipality
3 may contest the merits of the alleged violation without
4 attending a hearing.
5 (10) A schedule of civil fines for violations of
6 vehicular standing, parking, and compliance, and
7 automated red light regulations enacted by ordinance
8 pursuant to this Section, and a schedule of penalties for
9 late payment of the fines, provided, however, that the
10 total amount of the fine and penalty for any one
11 violation shall not exceed $250.
12 (11) Other provisions as are necessary and proper
13 to carry into effect the powers granted and purposes
14 stated in this Section.
15 (c) Any municipality establishing vehicular standing,
16 parking, and compliance, and automated red light regulations
17 under this Section may also provide by ordinance for a
18 program of vehicle immobilization for the purpose of
19 facilitating enforcement of those regulations. The program
20 of vehicle immobilization shall provide for immobilizing any
21 eligible vehicle upon the public way by presence of a
22 restraint in a manner to prevent operation of the vehicle.
23 Any ordinance establishing a program of vehicle
24 immobilization under this Section shall provide:
25 (1) Criteria for the designation of vehicles
26 eligible for immobilization. A vehicle shall be eligible
27 for immobilization when the registered owner of the
28 vehicle has accumulated the number of unpaid final
29 determinations of parking, standing, or compliance, or
30 automated red light violation liability as determined by
31 ordinance.
32 (2) A notice of impending vehicle immobilization
33 and a right to a hearing to challenge the validity of the
34 notice by disproving liability for the unpaid final
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1 determinations of parking, standing, or compliance, or
2 automated red light violation liability listed on the
3 notice.
4 (3) The right to a prompt hearing after a vehicle
5 has been immobilized or subsequently towed without
6 payment of the outstanding fines and penalties on
7 parking, standing, or compliance, or automated red light
8 violations for which final determinations have been
9 issued. An order issued after the hearing is a final
10 administrative decision within the meaning of Section
11 3-101 of the Code of Civil Procedure.
12 (4) A post immobilization and post-towing notice
13 advising the registered owner of the vehicle of the right
14 to a hearing to challenge the validity of the
15 impoundment.
16 (d) Judicial review of final determinations of parking,
17 standing, and compliance, and automated red light violations
18 and final administrative decisions issued after hearings
19 regarding vehicle immobilization and impoundment made under
20 this Section shall be subject to the provisions of the
21 Administrative Review Law.
22 (e) Any fine, penalty, or part of any fine or any
23 penalty remaining unpaid after the exhaustion of, or the
24 failure to exhaust, administrative remedies created under
25 this Section and the conclusion of any judicial review
26 procedures shall be a debt due and owing the municipality
27 and, as such, may be collected in accordance with applicable
28 law. Payment in full of any fine or penalty resulting from a
29 standing, parking, or compliance, or automated red light
30 violation shall constitute a final disposition of that
31 violation.
32 (f) After the expiration of the period within which
33 judicial review may be sought for a final determination of
34 parking, standing, or compliance, or automated red light
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1 violation, the municipality may commence a proceeding in the
2 Circuit Court for purposes of obtaining a judgment on the
3 final determination of violation. Nothing in this Section
4 shall prevent a municipality from consolidating multiple
5 final determinations of parking, standing, or compliance, or
6 automated red light violation against a person in a
7 proceeding. Upon commencement of the action, the
8 municipality shall file a certified copy of the final
9 determination of parking, standing, or compliance, or
10 automated red light violation, which shall be accompanied by
11 a certification that recites facts sufficient to show that
12 the final determination of violation was issued in accordance
13 with this Section and the applicable municipal ordinance.
14 Service of the summons and a copy of the petition may be by
15 any method provided by Section 2-203 of the Code of Civil
16 Procedure or by certified mail, return receipt requested,
17 provided that the total amount of fines and penalties for
18 final determinations of parking, standing, or compliance, or
19 automated red light violations does not exceed $2500. If the
20 court is satisfied that the final determination of parking,
21 standing, or compliance, or automated red light violation was
22 entered in accordance with the requirements of this Section
23 and the applicable municipal ordinance, and that the
24 registered owner or the lessee, as the case may be, had an
25 opportunity for an administrative hearing and for judicial
26 review as provided in this Section, the court shall render
27 judgment in favor of the municipality and against the
28 registered owner or the lessee for the amount indicated in
29 the final determination of parking, standing, or compliance,
30 or automated red light violation, plus costs. The judgment
31 shall have the same effect and may be enforced in the same
32 manner as other judgments for the recovery of money.
33 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
34 eff. 1-1-96.)
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1 (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
2 Sec. 11-306. Traffic-control signal legend. Whenever
3 traffic is controlled by traffic-control signals exhibiting
4 different colored lights or color lighted arrows,
5 successively one at a time or in combination, only the colors
6 green, red and yellow shall be used, except for special
7 pedestrian signals carrying a word legend, and the lights
8 shall indicate and apply to drivers of vehicles and
9 pedestrians as follows:
10 (a) Green indication.
11 1. Vehicular traffic facing a circular green signal
12 may proceed straight through or turn right or left unless
13 a sign at such place prohibits either such turn.
14 Vehicular traffic, including vehicles turning right or
15 left, shall yield the right of way to other vehicles and
16 to pedestrians lawfully within the intersection or an
17 adjacent crosswalk at the time such signal is exhibited.
18 2. Vehicular traffic facing a green arrow signal,
19 shown alone or in combination with another indication,
20 may cautiously enter the intersection only to make the
21 movement indicated by such arrow, or such other movement
22 as is permitted by other indications shown at the same
23 time. Such vehicular traffic shall yield the right of
24 way to pedestrians lawfully within an adjacent crosswalk
25 and to other traffic lawfully using the intersection.
26 3. Unless otherwise directed by a
27 pedestrian-control signal, as provided in Section 11-307,
28 pedestrians facing any green signal, except when the sole
29 green signal is a turn arrow, may proceed across the
30 roadway within any marked or unmarked crosswalk.
31 (b) Steady yellow indication.
32 1. Vehicular traffic facing a steady circular
33 yellow or yellow arrow signal is thereby warned that the
34 related green movement is being terminated or that a red
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1 indication will be exhibited immediately thereafter.
2 2. Pedestrians facing a steady circular yellow or
3 yellow arrow signal, unless otherwise directed by a
4 pedestrian-control signal as provided in Section 11-307,
5 are thereby advised that there is insufficient time to
6 cross the roadway before a red indication is shown and no
7 pedestrian shall then start to cross the roadway.
8 (c) Steady red indication.
9 1. Except as provided in paragraph 3 of this
10 subsection (c), vehicular traffic facing a steady
11 circular red signal alone shall stop at a clearly marked
12 stop line, but if there is no such stop line, before
13 entering the crosswalk on the near side of the
14 intersection, or if there is no such crosswalk, then
15 before entering the intersection, and shall remain
16 standing until an indication to proceed is shown.
17 2. Except as provided in paragraph 3 of this
18 subsection (c), vehicular traffic facing a steady red
19 arrow signal shall not enter the intersection to make the
20 movement indicated by the arrow and, unless entering the
21 intersection to make a movement permitted by another
22 signal, shall stop at a clearly marked stop line, but if
23 there is no such stop line, before entering the crosswalk
24 on the near side of the intersection, or if there is no
25 such crosswalk, then before entering the intersection,
26 and shall remain standing until an indication permitting
27 the movement indicated by such red arrow is shown.
28 3. Except when a sign is in place prohibiting a
29 turn and local authorities by ordinance or State
30 authorities by rule or regulation prohibit any such turn,
31 vehicular traffic facing any steady red signal may
32 cautiously enter the intersection to turn right, or to
33 turn left from a one-way street into a one-way street,
34 after stopping as required by paragraph 1 or paragraph 2
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1 of this subsection. After stopping, the driver shall
2 yield the right of way to any vehicle in the intersection
3 or approaching on another roadway so closely as to
4 constitute an immediate hazard during the time such
5 driver is moving across or within the intersection or
6 junction or roadways. Such driver shall yield the right
7 of way to pedestrians within the intersection or an
8 adjacent crosswalk.
9 4. Unless otherwise directed by a
10 pedestrian-control signal as provided in Section 11-307,
11 pedestrians facing a steady circular red or red arrow
12 signal alone shall not enter the roadway.
13 5. A municipality with a population of 1,000,000 or
14 more may enact an ordinance that provides for the use of
15 an automated red light enforcement system to enforce
16 violations of this subsection (c) that result in or
17 involve a motor vehicle accident, leaving the scene of a
18 motor vehicle accident, or reckless driving that results
19 in bodily injury.
20 This paragraph 5 is subject to prosecutorial
21 discretion that is consistent with applicable law.
22 6. The owner of a vehicle used in violation of this
23 subsection (c) shall be liable for the violation if the
24 vehicle was used or operated with the permission of the
25 owner, express or implied, and the violation was recorded
26 by a red light enforcement system; however, the owner
27 shall not be liable if:
28 (i) the operator of the vehicle other than the
29 owner has been found guilty of the violation,
30 (ii) the violation occurred at any time during
31 which the vehicle was reported to a law enforcement
32 agency as having been stolen and had not been
33 recovered by the owner at the time of the violation,
34 or
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1 (iii) the violation occurred at any time
2 during which the vehicle was leased to another and,
3 within 10 days after receiving notice of the
4 violation, the owner submits to the applicable law
5 enforcement agency the correct name and address of
6 the lessee of the vehicle at the time of the
7 violation, in which case the lessee of the vehicle
8 at the time of the violation shall be deemed to be
9 the owner of the vehicle for purposes of this
10 subsection (c).
11 (d) In the event an official traffic control signal is
12 erected and maintained at a place other than an intersection,
13 the provisions of this Section shall be applicable except as
14 to provisions which by their nature can have no application.
15 Any stop required shall be at a traffic sign or a marking on
16 the pavement indicating where the stop shall be made or, in
17 the absence of such sign or marking, the stop shall be made
18 at the signal.
19 (e) The motorman of any streetcar shall obey the above
20 signals as applicable to vehicles.
21 (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)
22 Section 99. Effective date. This Act takes effect upon
23 becoming law.