State of Illinois
92nd General Assembly
Legislation

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92_SB2317

 
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 1        AN ACT in relation to 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
 
                            -2-                LRB9216114DHmg
 1    imposed upon public officials:
 2             (1)  Whenever any person is convicted of any offense
 3        for  which  this Code makes mandatory the cancellation or
 4        revocation of the driver's  license  or  permit  of  such
 5        person  by the Secretary of State, the judge of the court
 6        in  which  such  conviction  is  had  shall  require  the
 7        surrender to the clerk  of  the  court  of  all  driver's
 8        licenses or permits then held by the person so convicted,
 9        and  the  clerk  of  the  court  shall,  within  10  days
10        thereafter,  forward  the same, together with a report of
11        such conviction, to the Secretary.
12             (2)  Whenever any person is convicted of any offense
13        under this Code or similar  offenses  under  a  municipal
14        ordinance,  other  than  regulations  governing standing,
15        parking  or  weights  of  vehicles,  and  excepting   the
16        following  enumerated  Sections  of  this  Code: Sections
17        11-1406  (obstruction  to  driver's  view  or   control),
18        11-1407  (improper opening of door into traffic), 11-1410
19        (coasting  on   downgrade),   11-1411   (following   fire
20        apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
21        (driving   vehicle   which  is  in  unsafe  condition  or
22        improperly  equipped),  12-201(a)  (daytime   lights   on
23        motorcycles),  12-202 (clearance, identification and side
24        marker lamps), 12-204 (lamp or flag on projecting  load),
25        12-205  (failure  to display the safety lights required),
26        12-401  (restrictions  as  to  tire  equipment),   12-502
27        (mirrors),  12-503  (windshields must be unobstructed and
28        equipped  with  wipers),  12-601   (horns   and   warning
29        devices),   12-602  (mufflers,  prevention  of  noise  or
30        smoke),  12-603  (seat  safety  belts),  12-702  (certain
31        vehicles to  carry  flares  or  other  warning  devices),
32        12-703  (vehicles for oiling roads operated on highways),
33        12-710 (splash guards and replacements),  13-101  (safety
34        tests),  15-101  (size, weight and load), 15-102 (width),
 
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 1        15-103 (height),  15-104  (name  and  address  on  second
 2        division  vehicles), 15-107 (length of vehicle), 15-109.1
 3        (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
 4        15-301 (weights), 15-316 (weights), 15-318 (weights), and
 5        also excepting the following enumerated Sections  of  the
 6        Chicago  Municipal  Code: Sections 27-245 (following fire
 7        apparatus),  27-254  (obstruction  of  traffic),   27-258
 8        (driving  vehicle  which  is in unsafe condition), 27-259
 9        (coasting on downgrade), 27-264 (use of horns and  signal
10        devices),  27-265 (obstruction to driver's view or driver
11        mechanism),  27-267  (dimming  of   headlights),   27-268
12        (unattended   motor  vehicle),  27-272  (illegal  funeral
13        procession), 27-273 (funeral  procession  on  boulevard),
14        27-275  (driving  freight hauling vehicles on boulevard),
15        27-276 (stopping and  standing  of  buses  or  taxicabs),
16        27-277  (cruising  of  public passenger vehicles), 27-305
17        (parallel parking),  27-306  (diagonal  parking),  27-307
18        (parking  not  to  obstruct  traffic),  27-308 (stopping,
19        standing   or   parking   regulated),   27-311   (parking
20        regulations),  27-312   (parking   regulations),   27-313
21        (parking   regulations),  27-314  (parking  regulations),
22        27-315    (parking    regulations),    27-316    (parking
23        regulations),  27-317   (parking   regulations),   27-318
24        (parking   regulations),  27-319  (parking  regulations),
25        27-320    (parking    regulations),    27-321    (parking
26        regulations),  27-322   (parking   regulations),   27-324
27        (loading  and  unloading  at an angle), 27-333 (wheel and
28        axle loads), 27-334 (load restrictions  in  the  downtown
29        district),   27-335  (load  restrictions  in  residential
30        areas), 27-338 (width of  vehicles),  27-339  (height  of
31        vehicles),    27-340   (length   of   vehicles),   27-352
32        (reflectors  on  trailers),  27-353  (mufflers),   27-354
33        (display  of plates), 27-355 (display of city vehicle tax
34        sticker), 27-357  (identification  of  vehicles),  27-358
 
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 1        (projecting  of  loads), and also excepting the following
 2        enumerated paragraphs of Section 2-201 of the  Rules  and
 3        Regulations of the Illinois State Toll Highway Authority:
 4        (l)  (driving  unsafe  vehicle on tollway), (m) (vehicles
 5        transporting dangerous cargo not properly indicated),  it
 6        shall be the duty of the clerk of the court in which such
 7        conviction is had within 10 days thereafter to forward to
 8        the Secretary of State a report of the conviction and the
 9        court  may  recommend  the  suspension  of  the  driver's
10        license or permit of the person so convicted.
11        The reporting requirements of this subsection shall apply
12    to  all  violations  stated in paragraphs (1) and (2) of this
13    subsection when the individual has been adjudicated under the
14    Juvenile Court Act or the Juvenile Court Act of  1987.   Such
15    reporting   requirements  shall  also  apply  to  individuals
16    adjudicated under the Juvenile  Court  Act  or  the  Juvenile
17    Court  Act  of 1987 who have committed a violation of Section
18    11-501  of  this  Code,  or  similar  provision  of  a  local
19    ordinance, or Section 9-3 of the Criminal Code  of  1961,  as
20    amended,  relating  to  the offense of reckless homicide. The
21    reporting requirements of this subsection shall also apply to
22    a truant minor in need of supervision, an addicted minor,  or
23    a  delinquent  minor and whose driver's license and privilege
24    to drive a motor vehicle has been ordered suspended for  such
25    times  as  determined  by the Court, but only until he or she
26    attains 18 years of age.  It shall be the duty of  the  clerk
27    of  the  court  in  which  adjudication is had within 10 days
28    thereafter to forward to the Secretary of State a  report  of
29    the  adjudication and the court order requiring the Secretary
30    of State to suspend the minor's driver's license and  driving
31    privilege  for such time as determined by the Court, but only
32    until he or she attains the age of 18  years.   All  juvenile
33    court  dispositions  reported to the Secretary of State under
34    this provision shall be processed by the Secretary  of  State
 
                            -5-                LRB9216114DHmg
 1    as  if  the cases had been adjudicated in traffic or criminal
 2    court. However, information reported relative to the  offense
 3    of  reckless  homicide,  or Section 11-501 of this Code, or a
 4    similar provision of a local ordinance, shall  be  privileged
 5    and  available  only  to  the Secretary of State, courts, and
 6    police officers.
 7             (3)  Whenever  an  order  is  entered  vacating  the
 8        forfeiture of any bail, security or bond given to  secure
 9        appearance  for  any  offense  under this Code or similar
10        offenses under municipal ordinance, it shall be the  duty
11        of  the clerk of the court in which such vacation was had
12        or the judge of such court if such court  has  no  clerk,
13        within  10 days thereafter to forward to the Secretary of
14        State a report of the vacation.
15             (4)  A  report   of   any   disposition   of   court
16        supervision  for  a  violation of Sections 6-303, 11-401,
17        11-501 or a  similar  provision  of  a  local  ordinance,
18        11-503  and 11-504 shall be forwarded to the Secretary of
19        State. A report of any disposition of  court  supervision
20        for  a  violation  of  an  offense  defined  as a serious
21        traffic violation in this Code or a similar provision  of
22        a  local ordinance committed by a person under the age of
23        21 years shall be forwarded to the Secretary of State.
24             (5)  Reports  of  conviction  under  this  Code  and
25        sentencing hearings under the Juvenile Court Act of  1987
26        in  an electronic format or a computer processible medium
27        shall be forwarded to the  Secretary  of  State  via  the
28        Supreme  Court  in  the  form  and format required by the
29        Illinois Supreme  Court  and  established  by  a  written
30        agreement  between the Supreme Court and the Secretary of
31        State.  In  counties  with  a  population  over  300,000,
32        instead of  forwarding  reports  to  the  Supreme  Court,
33        reports  of  conviction  under  this  Code and sentencing
34        hearings under the Juvenile  Court  Act  of  1987  in  an
 
                            -6-                LRB9216114DHmg
 1        electronic format or a computer processible medium may be
 2        forwarded  to the Secretary of State by the Circuit Court
 3        Clerk in a form and format required by the  Secretary  of
 4        State  and  established  by written agreement between the
 5        Circuit Court Clerk and the Secretary of State.   Failure
 6        to  forward  the  reports  of  conviction  or  sentencing
 7        hearing  under the Juvenile Court Act of 1987 as required
 8        by this Section shall be deemed an omission of  duty  and
 9        it  shall be the duty of the several State's Attorneys to
10        enforce the requirements of this Section.
11             6.  Whenever  any  municipality  has  established  a
12        system  of  administrative  adjudication   to   determine
13        liability  for  a  violation of subsection (c) of Section
14        11-306 or a similar offense under a  municipal  ordinance
15        that  is  recorded  by an automated red light enforcement
16        system, the municipality, within 10 days  of  determining
17        liability  for a violation, shall forward a report of the
18        adjudication to the Secretary of State.  The report shall
19        be in a form required by the Secretary of State.
20        (b)  Whenever a restricted driving permit is forwarded to
21    a court, as a result of  confiscation  by  a  police  officer
22    pursuant  to  the  authority in Section 6-113(f), it shall be
23    the duty of the clerk, or judge, if the court has  no  clerk,
24    to  forward such restricted driving permit and a facsimile of
25    the  officer's  citation  to  the  Secretary  of   State   as
26    expeditiously as practicable.
27        (c)  For  the purposes of this Code, a forfeiture of bail
28    or collateral deposited to secure a defendant's appearance in
29    court when forfeiture has not been vacated, or the failure of
30    a defendant to appear for trial after depositing his driver's
31    license in lieu of other  bail,  shall  be  equivalent  to  a
32    conviction.
33        (d)  For  the purpose of providing the Secretary of State
34    with records necessary to properly monitor and assess  driver
 
                            -7-                LRB9216114DHmg
 1    performance  and  assist the courts in the proper disposition
 2    of repeat traffic law offenders, the clerk of the court shall
 3    forward to the Secretary of State, on a  form  prescribed  by
 4    the  Secretary,  records  of  a  driver's  participation in a
 5    driver remedial or rehabilitative program which was required,
 6    through a court order or court supervision,  in  relation  to
 7    the driver's arrest for a violation of Section 11-501 of this
 8    Code  or  a similar provision of a local ordinance. The clerk
 9    of the court shall also forward to the Secretary,  either  on
10    paper  or  in  an electronic format or a computer processible
11    medium as required under paragraph (5) of subsection  (a)  of
12    this  Section,  any  disposition of court supervision for any
13    traffic  violation,  excluding  those  offenses   listed   in
14    paragraph  (2)  of  subsection  (a)  of  this  Section. These
15    reports shall be sent within 10 days after  disposition,  or,
16    if   the   driver   is  referred  to  a  driver  remedial  or
17    rehabilitative  program,  within  10  days  of  the  driver's
18    referral to that  program.  These  reports  received  by  the
19    Secretary  of State, including those required to be forwarded
20    under paragraph  (a)(4),  shall  be  privileged  information,
21    available only (i) to the affected driver and (ii) for use by
22    the courts, police officers, prosecuting authorities, and the
23    Secretary of State.
24    (Source:  P.A.  91-357,  eff.  7-29-99; 91-716, eff. 10-1-00;
25    92-458, eff. 8-22-01.)

26        (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
27        Sec. 11-208.3.  Administrative adjudication of violations
28    of traffic regulations concerning the standing,  parking,  or
29    condition of vehicles and automated red light violations.
30        (a)  Any  municipality  may  provide  by  ordinance for a
31    system of administrative adjudication of  vehicular  standing
32    and  parking violations, and vehicle compliance violations as
33    defined  in  this  subsection,  and   automated   red   light
 
                            -8-                LRB9216114DHmg
 1    violations  as defined by this subsection. The administrative
 2    system shall have as  its  purpose  the  fair  and  efficient
 3    enforcement    of    municipal    regulations   through   the
 4    administrative  adjudication  of  violations   of   municipal
 5    ordinances  regulating  the standing and parking of vehicles,
 6    the condition and use of vehicle equipment, and  the  display
 7    of  municipal  wheel  tax  licenses within the municipality's
 8    borders.  The administrative system shall only have authority
 9    to adjudicate civil offenses carrying fines not in excess  of
10    $250  that  occur  after  the effective date of the ordinance
11    adopting such a system under this Section.  For  purposes  of
12    this  Section,  "compliance violation" means a violation of a
13    municipal  regulation  governing  the  condition  or  use  of
14    equipment  on  a  vehicle  or  governing  the  display  of  a
15    municipal wheel tax license. For purposes  of  this  Section,
16    "automated   red   light  violation"  means  a  violation  of
17    subsection (c) of Section 11-306 or a similar offense under a
18    municipal ordinance that is  recorded  by  an  automated  red
19    light enforcement system.
20        (b)  Any    ordinance    establishing    a    system   of
21    administrative adjudication under this Section shall  provide
22    for:
23             (1)  A  traffic  compliance administrator authorized
24        to adopt, distribute and process parking  and  compliance
25        violation  notices  and  other  notices  required by this
26        Section, collect money paid as fines  and  penalties  for
27        violation  of  parking  and  compliance  ordinances,  and
28        operate   an  administrative  adjudication  system.   The
29        traffic  compliance  administrator  also   may   make   a
30        certified  report to the Secretary of State under Section
31        6-306.5.
32             (2)  A  parking,   standing,   or   compliance,   or
33        automated  red  light violation notice that shall specify
34        the date, time, and place  of  violation  of  a  parking,
 
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 1        standing,   or   compliance,   or   automated  red  light
 2        regulation; the particular regulation violated; the  fine
 3        and  any  penalty  that may be assessed for late payment,
 4        when so provided by ordinance; the vehicle make and state
 5        registration number; and the identification number of the
 6        person issuing the notice. With regard to  municipalities
 7        with  a  population  of  1  million  or more, it shall be
 8        grounds for dismissal of a parking violation if the State
 9        registration  number  or  vehicle   make   specified   is
10        incorrect.  The  violation  notice  shall  state that the
11        payment of the indicated  fine,  and  of  any  applicable
12        penalty  for  late  payment,  shall  operate  as  a final
13        disposition of the  violation.   The  notice  also  shall
14        contain  information  as to the availability of a hearing
15        in which the violation may be contested  on  its  merits.
16        The violation notice shall specify the time and manner in
17        which a hearing may be had.
18             (3)  Service of the parking, standing, or compliance
19        violation  notice by affixing the original or a facsimile
20        of the notice to  an  unlawfully  parked  vehicle  or  by
21        handing  the notice to the operator of a vehicle if he or
22        she is present and service  of  an  automated  red  light
23        violation notice by mail to the address of the registered
24        owner of the cited vehicle as recorded with the Secretary
25        of  State  within  30  days  of  the violation.  A person
26        authorized by  ordinance  to  issue  and  serve  parking,
27        standing,   and   compliance,   or  automated  red  light
28        violation notices shall certify as to the correctness  of
29        the  facts entered on the violation notice by signing his
30        or her name to the notice at the time of  service  or  in
31        the  case  of a notice produced by a computerized device,
32        by signing a single certificate to be kept by the traffic
33        compliance administrator attesting to the correctness  of
34        all notices produced by the device while it was under his
 
                            -10-               LRB9216114DHmg
 1        or  her  control.   The  original  or  a facsimile of the
 2        violation  notice  shall  be  retained  by  the   traffic
 3        compliance  administrator,  and shall be a record kept in
 4        the ordinary course of business.  A parking, standing, or
 5        compliance,  or  automated  red  light  violation  notice
 6        issued,  signed  and  served  in  accordance  with   this
 7        Section,  or  a  copy of the notice, shall be prima facie
 8        correct  and  shall  be  prima  facie  evidence  of   the
 9        correctness of the facts shown on the notice.  The notice
10        or   copy   shall   be   admissible   in  any  subsequent
11        administrative or legal proceedings.
12             (4)  An opportunity for a hearing for the registered
13        owner of the vehicle cited in the parking,  standing,  or
14        compliance,  or  automated  red light violation notice in
15        which the owner may contest the  merits  of  the  alleged
16        violation,  and during which formal or technical rules of
17        evidence shall not apply; provided, however,  that  under
18        Section  11-1306  of  this  Code  the lessee of a vehicle
19        cited in the violation notice likewise shall be  provided
20        an  opportunity  for  a hearing of the same kind afforded
21        the registered owner.  The hearings  shall  be  recorded,
22        and  the  person  conducting the hearing on behalf of the
23        traffic compliance administrator shall  be  empowered  to
24        administer  oaths  and  to  secure  by  subpoena both the
25        attendance and testimony of witnesses and the  production
26        of  relevant  books  and  papers.  Persons appearing at a
27        hearing under this Section may be represented by  counsel
28        at  their  expense.  The  ordinance  may also provide for
29        internal administrative review following the decision  of
30        the hearing officer.
31             (5)  Service  of  additional  notices, sent by first
32        class United States mail, postage prepaid, to the address
33        of the registered owner of the cited vehicle as  recorded
34        with  the Secretary of State or, under Section 11-1306 of
 
                            -11-               LRB9216114DHmg
 1        this Code, to the lessee of the cited vehicle at the last
 2        address known to the lessor of the cited vehicle  at  the
 3        time  of lease.   The service shall be deemed complete as
 4        of the date of deposit in the United States  mail.    The
 5        notices  shall  be  in  the  following sequence and shall
 6        include but not be limited to the  information  specified
 7        herein:
 8                  (i)  A second notice of violation.  This notice
 9             shall specify the date and location of the violation
10             cited  in  the  parking, standing, or compliance, or
11             automated red light violation notice, the particular
12             regulation violated,  the  vehicle  make  and  state
13             registration  number,  the fine and any penalty that
14             may be assessed for late payment when so provided by
15             ordinance, the availability of a  hearing  in  which
16             the  violation  may  be contested on its merits, and
17             the time and manner in which the hearing may be had.
18             The  notice  of  violation  shall  also  state  that
19             failure either to pay the  indicated  fine  and  any
20             applicable penalty, or to appear at a hearing on the
21             merits in the time and manner specified, will result
22             in  a final determination of violation liability for
23             the cited violation in the amount  of  the  fine  or
24             penalty  indicated, and that, upon the occurrence of
25             a final determination of violation liability for the
26             failure,  and  the  exhaustion  of,  or  failure  to
27             exhaust,  available   administrative   or   judicial
28             procedures  for  review,  any unpaid fine or penalty
29             will  constitute  a   debt   due   and   owing   the
30             municipality.
31                  (ii)  A   notice   of  final  determination  of
32             parking, standing, or compliance, or  automated  red
33             light violation liability. This notice shall be sent
34             following   a   final   determination   of  parking,
 
                            -12-               LRB9216114DHmg
 1             standing, or  compliance,  or  automated  red  light
 2             violation  liability  and the conclusion of judicial
 3             review procedures taken  under  this  Section.   The
 4             notice  shall  state that the unpaid fine or penalty
 5             is a debt  due  and  owing  the  municipality.   The
 6             notice  shall  contain  warnings that failure to pay
 7             any fine or penalty due and owing  the  municipality
 8             within   the   time  specified  may  result  in  the
 9             municipality's filing of a petition in  the  Circuit
10             Court  to have the unpaid fine or penalty rendered a
11             judgment as provided by this Section, or may  result
12             in  suspension  of  the person's drivers license for
13             failure to pay fines or penalties  for  10  or  more
14             parking violations under Section 6-306.5.
15             (6)  A   Notice   of   impending   drivers   license
16        suspension.   This  notice  shall  be  sent to the person
17        liable for any fine or penalty that remains due and owing
18        on 10 or more parking violations.  The notice shall state
19        that failure to pay the fine or penalty owing  within  45
20        days of the notice's date will result in the municipality
21        notifying  the  Secretary  of  State  that  the person is
22        eligible for initiation of suspension  proceedings  under
23        Section 6-306.5 of this Code. The notice shall also state
24        that  the  person  may  obtain  a  photostatic copy of an
25        original ticket imposing a fine or penalty by  sending  a
26        self  addressed,  stamped  envelope  to  the municipality
27        along with a request  for  the  photostatic  copy.    The
28        notice  of  impending drivers license suspension shall be
29        sent by first class United States mail, postage  prepaid,
30        to the address recorded with the Secretary of State.
31             (7)  Final determinations of violation liability.  A
32        final  determination  of  violation liability shall occur
33        following failure to pay the  fine  or  penalty  after  a
34        hearing  officer's  determination  of violation liability
 
                            -13-               LRB9216114DHmg
 1        and  the  exhaustion  of  or  failure  to   exhaust   any
 2        administrative  review  procedures provided by ordinance.
 3        Where a person fails to appear at a  hearing  to  contest
 4        the alleged violation in the time and manner specified in
 5        a    prior   mailed   notice,   the   hearing   officer's
 6        determination of violation liability shall become  final:
 7        (A)  upon  denial  of a timely petition to set aside that
 8        determination, or (B) upon expiration of the  period  for
 9        filing the petition without a filing having been made.
10             (8)  A  petition  to  set  aside  a determination of
11        parking, standing, or compliance, or automated red  light
12        violation  liability  that may be filed by a person owing
13        an unpaid fine or penalty. The petition  shall  be  filed
14        with   and   ruled   upon   by   the  traffic  compliance
15        administrator in the manner and within the time specified
16        by ordinance. The grounds for the petition may be limited
17        to:  (A) the person not having been the owner  or  lessee
18        of the cited vehicle on the date the violation notice was
19        issued,  (B)  the  person having already paid the fine or
20        penalty for the violation in question, and (C)  excusable
21        failure to appear at or request a new date for a hearing.
22        With  regard  to  municipalities  with  a population of 1
23        million or more, it shall be grounds for dismissal  of  a
24        parking  violation  if  the  State registration number or
25        vehicle  make   specified   is   incorrect.   After   the
26        determination  of  parking,  standing,  or compliance, or
27        automated red light  violation  liability  has  been  set
28        aside  upon a showing of just cause, the registered owner
29        shall be provided with a hearing on the merits  for  that
30        violation.
31             (9)  Procedures  for  non-residents.  Procedures  by
32        which  persons  who are not residents of the municipality
33        may contest the merits of the alleged  violation  without
34        attending a hearing.
 
                            -14-               LRB9216114DHmg
 1             (10)  A  schedule  of  civil fines for violations of
 2        vehicular  standing,   parking,   and   compliance,   and
 3        automated  red  light  regulations  enacted  by ordinance
 4        pursuant to this Section, and a schedule of penalties for
 5        late payment of the fines, provided,  however,  that  the
 6        total  amount  of  the  fine  and  penalty  for  any  one
 7        violation shall not exceed $250.
 8             (11)  Other  provisions  as are necessary and proper
 9        to carry into effect  the  powers  granted  and  purposes
10        stated in this Section.
11        (c)  Any  municipality  establishing  vehicular standing,
12    parking, and compliance, and automated red light  regulations
13    under  this  Section  may  also  provide  by  ordinance for a
14    program  of  vehicle  immobilization  for  the   purpose   of
15    facilitating  enforcement  of those regulations.  The program
16    of vehicle immobilization shall provide for immobilizing  any
17    eligible  vehicle  upon  the  public  way  by  presence  of a
18    restraint in a manner to prevent operation  of  the  vehicle.
19    Any    ordinance    establishing   a   program   of   vehicle
20    immobilization under this Section shall provide:
21             (1)  Criteria  for  the  designation   of   vehicles
22        eligible for immobilization.  A vehicle shall be eligible
23        for  immobilization  when  the  registered  owner  of the
24        vehicle  has  accumulated  the  number  of  unpaid  final
25        determinations of parking, standing,  or  compliance,  or
26        automated  red light violation liability as determined by
27        ordinance.
28             (2)  A notice of  impending  vehicle  immobilization
29        and a right to a hearing to challenge the validity of the
30        notice  by  disproving  liability  for  the  unpaid final
31        determinations of parking, standing,  or  compliance,  or
32        automated  red  light  violation  liability listed on the
33        notice.
34             (3)  The right to a prompt hearing after  a  vehicle
 
                            -15-               LRB9216114DHmg
 1        has   been  immobilized  or  subsequently  towed  without
 2        payment  of  the  outstanding  fines  and  penalties   on
 3        parking,  standing, or compliance, or automated red light
 4        violations  for  which  final  determinations  have  been
 5        issued.  An order issued after the  hearing  is  a  final
 6        administrative  decision  within  the  meaning of Section
 7        3-101 of the Code of Civil Procedure.
 8             (4)  A post immobilization  and  post-towing  notice
 9        advising the registered owner of the vehicle of the right
10        to   a   hearing   to   challenge  the  validity  of  the
11        impoundment.
12        (d)  Judicial review of final determinations of  parking,
13    standing,  and compliance, and automated red light violations
14    and final  administrative  decisions  issued  after  hearings
15    regarding  vehicle  immobilization and impoundment made under
16    this Section shall  be  subject  to  the  provisions  of  the
17    Administrative Review Law.
18        (e)  Any  fine,  penalty,  or  part  of  any  fine or any
19    penalty remaining unpaid after  the  exhaustion  of,  or  the
20    failure  to  exhaust,   administrative remedies created under
21    this Section  and  the  conclusion  of  any  judicial  review
22    procedures  shall  be  a  debt due and owing the municipality
23    and, as such, may be collected in accordance with  applicable
24    law.  Payment in full of any fine or penalty resulting from a
25    standing,  parking,  or  compliance,  or  automated red light
26    violation  shall  constitute  a  final  disposition  of  that
27    violation.
28        (f)  After the expiration  of  the  period  within  which
29    judicial  review  may  be sought for a final determination of
30    parking, standing, or  compliance,  or  automated  red  light
31    violation,  the municipality may commence a proceeding in the
32    Circuit Court for purposes of obtaining  a  judgment  on  the
33    final  determination  of  violation.  Nothing in this Section
34    shall prevent  a  municipality  from  consolidating  multiple
 
                            -16-               LRB9216114DHmg
 1    final  determinations of parking, standing, or compliance, or
 2    automated  red  light  violation  against  a  person   in   a
 3    proceeding.      Upon   commencement   of   the  action,  the
 4    municipality  shall  file  a  certified  copy  of  the  final
 5    determination  of  parking,  standing,  or   compliance,   or
 6    automated  red light violation, which shall be accompanied by
 7    a certification that recites facts sufficient  to  show  that
 8    the final determination of violation was issued in accordance
 9    with  this  Section  and  the applicable municipal ordinance.
10    Service of the summons and a copy of the petition may  be  by
11    any  method  provided  by  Section 2-203 of the Code of Civil
12    Procedure or by certified  mail,  return  receipt  requested,
13    provided  that  the  total  amount of fines and penalties for
14    final determinations of parking, standing, or compliance,  or
15    automated red light violations does not exceed $2500.  If the
16    court  is  satisfied that the final determination of parking,
17    standing, or compliance, or automated red light violation was
18    entered in accordance with the requirements of  this  Section
19    and   the   applicable  municipal  ordinance,  and  that  the
20    registered owner or the lessee, as the case may  be,  had  an
21    opportunity  for  an  administrative hearing and for judicial
22    review as provided in this Section, the  court  shall  render
23    judgment  in  favor  of  the  municipality  and  against  the
24    registered  owner  or  the lessee for the amount indicated in
25    the final determination of parking, standing, or  compliance,
26    or  automated  red light violation, plus costs.  The judgment
27    shall have the same effect and may be enforced  in  the  same
28    manner as other judgments for the recovery of money.
29    (Source:  P.A.  88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
30    eff. 1-1-96.)

31        (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
32        Sec. 11-306.   Traffic-control  signal  legend.  Whenever
33    traffic  is  controlled by traffic-control signals exhibiting
 
                            -17-               LRB9216114DHmg
 1    different   colored   lights   or   color   lighted   arrows,
 2    successively one at a time or in combination, only the colors
 3    green, red and yellow  shall  be  used,  except  for  special
 4    pedestrian  signals  carrying  a  word legend, and the lights
 5    shall  indicate  and  apply  to  drivers  of   vehicles   and
 6    pedestrians as follows:
 7        (a)  Green indication.
 8             1.  Vehicular traffic facing a circular green signal
 9        may proceed straight through or turn right or left unless
10        a   sign  at  such  place  prohibits  either  such  turn.
11        Vehicular traffic, including vehicles  turning  right  or
12        left,  shall yield the right of way to other vehicles and
13        to pedestrians lawfully within  the  intersection  or  an
14        adjacent crosswalk at the time such signal is exhibited.
15             2.  Vehicular  traffic  facing a green arrow signal,
16        shown alone or in combination  with  another  indication,
17        may  cautiously  enter  the intersection only to make the
18        movement indicated by such arrow, or such other  movement
19        as  is  permitted  by other indications shown at the same
20        time.  Such vehicular traffic shall yield  the  right  of
21        way  to pedestrians lawfully within an adjacent crosswalk
22        and to other traffic lawfully using the intersection.
23             3.  Unless     otherwise     directed      by      a
24        pedestrian-control signal, as provided in Section 11-307,
25        pedestrians facing any green signal, except when the sole
26        green  signal  is  a  turn  arrow, may proceed across the
27        roadway within any marked or unmarked crosswalk.
28        (b)  Steady yellow indication.
29             1.  Vehicular  traffic  facing  a  steady   circular
30        yellow  or yellow arrow signal is thereby warned that the
31        related green movement is being terminated or that a  red
32        indication will be exhibited immediately thereafter.
33             2.  Pedestrians  facing  a steady circular yellow or
34        yellow arrow  signal,  unless  otherwise  directed  by  a
 
                            -18-               LRB9216114DHmg
 1        pedestrian-control  signal as provided in Section 11-307,
 2        are thereby advised that there is  insufficient  time  to
 3        cross the roadway before a red indication is shown and no
 4        pedestrian shall then start to cross the roadway.
 5        (c)  Steady red indication.
 6             1.  Except  as  provided  in  paragraph  3  of  this
 7        subsection   (c),   vehicular  traffic  facing  a  steady
 8        circular red signal alone shall stop at a clearly  marked
 9        stop  line,  but  if  there  is no such stop line, before
10        entering  the  crosswalk  on  the  near   side   of   the
11        intersection,  or  if  there  is  no such crosswalk, then
12        before  entering  the  intersection,  and  shall   remain
13        standing until an indication to proceed is shown.
14             2.  Except  as  provided  in  paragraph  3  of  this
15        subsection  (c),  vehicular  traffic  facing a steady red
16        arrow signal shall not enter the intersection to make the
17        movement indicated by the arrow and, unless entering  the
18        intersection  to  make  a  movement  permitted by another
19        signal, shall stop at a clearly marked stop line, but  if
20        there is no such stop line, before entering the crosswalk
21        on  the  near side of the intersection, or if there is no
22        such crosswalk, then before  entering  the  intersection,
23        and  shall remain standing until an indication permitting
24        the movement indicated by such red arrow is shown.
25             3.  Except when a sign is  in  place  prohibiting  a
26        turn   and   local  authorities  by  ordinance  or  State
27        authorities by rule or regulation prohibit any such turn,
28        vehicular  traffic  facing  any  steady  red  signal  may
29        cautiously enter the intersection to turn  right,  or  to
30        turn  left  from  a one-way street into a one-way street,
31        after stopping as required by paragraph 1 or paragraph  2
32        of  this  subsection.    After stopping, the driver shall
33        yield the right of way to any vehicle in the intersection
34        or approaching  on  another  roadway  so  closely  as  to
 
                            -19-               LRB9216114DHmg
 1        constitute  an  immediate  hazard  during  the  time such
 2        driver is moving across or  within  the  intersection  or
 3        junction  or roadways.  Such driver shall yield the right
 4        of way to  pedestrians  within  the  intersection  or  an
 5        adjacent crosswalk.
 6             4.  Unless      otherwise      directed     by     a
 7        pedestrian-control signal as provided in Section  11-307,
 8        pedestrians  facing  a  steady  circular red or red arrow
 9        signal alone shall not enter the roadway.
10             5.  A municipality with a population of 1,000,000 or
11        more may enact an ordinance that provides for the use  of
12        an  automated  red  light  enforcement  system to enforce
13        violations of this  subsection  (c)  that  result  in  or
14        involve  a motor vehicle accident, leaving the scene of a
15        motor vehicle accident, or reckless driving that  results
16        in bodily injury.
17             This   paragraph   5  is  subject  to  prosecutorial
18        discretion that is consistent with applicable law.
19             6.  The owner of a vehicle used in violation of this
20        subsection (c) shall be liable for the violation  if  the
21        vehicle  was  used or operated with the permission of the
22        owner, express or implied, and the violation was recorded
23        by a red light enforcement  system;  however,  the  owner
24        shall not be liable if:
25                  (i)  the operator of the vehicle other than the
26             owner has been found guilty of the violation,
27                  (ii)  the violation occurred at any time during
28             which  the vehicle was reported to a law enforcement
29             agency as  having  been  stolen  and  had  not  been
30             recovered by the owner at the time of the violation,
31             or
32                  (iii)  the   violation  occurred  at  any  time
33             during which the vehicle was leased to another  and,
34             within 10 days of receiving notice of the violation,
 
                            -20-               LRB9216114DHmg
 1             the  owner submits to the applicable law enforcement
 2             agency the correct name and address of the lessee of
 3             the vehicle at the time of the violation,  in  which
 4             case  the  lessee  of the vehicle at the time of the
 5             violation shall be deemed to be  the  owner  of  the
 6             vehicle for purposes of this subsection (c).
 7        (d)  In  the  event an official traffic control signal is
 8    erected and maintained at a place other than an intersection,
 9    the provisions of this Section shall be applicable except  as
10    to  provisions which by their nature can have no application.
11    Any stop required shall be at a traffic sign or a marking  on
12    the  pavement  indicating where the stop shall be made or, in
13    the absence of such sign or marking, the stop shall  be  made
14    at the signal.
15        (e)  The  motorman  of any streetcar shall obey the above
16    signals as applicable to vehicles.
17    (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)

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