Public Act 103-0861
 
HB5408 EnrolledLRB103 35376 MXP 65441 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 1. Short title. This Act may be referred to as the 
O'Hare Driver Safety Act.
 
    Section 5. Definitions. As used in this Act: 
    "Authority" means the Illinois Toll Highway Authority. 
    "Automated traffic safety system" means a device with one 
or more motor vehicle sensors to produce a recorded image of a 
motor vehicle that is stopped or standing on the side of a 
highway or roadway in violation of Section 11-1303 of the 
Illinois Vehicle Code. 
    "Recorded images" has the same meaning given to that term 
under Section 11-208.6 of the Illinois Vehicle Code.
 
    Section 10. No stopping or standing within one-half mile 
of O'Hare International Airport. Except where permitted, a 
person operating a motor vehicle shall not stop or stand the 
person's vehicle on a shoulder of a highway along traffic 
routes within a one-half mile radius of: (1) the eastern 
entrance to O'Hare International Airport; and (2) the 
intersection of Interstate 90 and Interstate 294. 
    No person who is the lessor of a motor vehicle under a 
written lease agreement shall be liable for an automated 
traffic safety system violation involving such motor vehicle 
during the period of the lease, unless, upon the request of the 
appropriate authority received within 120 days after the 
violation occurred, the lessor provides within 60 days after 
such receipt the name and address of the lessee. 
    Upon the provision of information by the lessor under this 
Section, the Authority may issue the violation to the lessee 
of the vehicle in the same manner as it would issue a violation 
to a registered owner of a vehicle, and the lessee may be held 
liable for the violation. 
    This Section shall not apply to vehicles that are stopped 
or standing in a restricted area if: 
        (1) a person is yielding to an emergency vehicle; 
        (2) the vehicle malfunctions; 
        (3) a person was directed to stop the person's vehicle 
    by a law enforcement officer; 
        (4) the vehicle was stolen prior to violation and not 
    controlled by the registered owner of the vehicle; or
        (5) the driver of the vehicle received a Uniform 
    Traffic Citation from a police officer at the time of the 
    violation for the same offense.
 
    Section 15. Installation of automated traffic safety 
systems; enforcement. The Authority shall install and maintain 
automated traffic safety systems along traffic routes within a 
one-half mile radius of: (1) the eastern entrance to O'Hare 
International Airport; and (2) the intersection of Interstate 
90 and Interstate 294. 
    A traffic route that is equipped with an automated traffic 
safety system must be posted with signs visible to approaching 
traffic indicating that the route is being monitored by an 
automated traffic safety system and informing drivers that 
stopping or standing is prohibited.
 
    Section 20. Recorded image. An automated traffic safety 
system that produces a recorded image of a motor vehicle's 
violation of this Act shall be designed to obtain a clear 
recorded image of the vehicle and the vehicle's license plate. 
The recorded image must also display the time, date, and 
location of the violation. 
    Recorded images made by an automated traffic safety system 
are confidential and shall be made available only (i) to the 
alleged violator and governmental and law enforcement agencies 
for purposes of adjudicating a violation of this Act, for 
statistical purposes, or for other governmental purposes; or 
(ii) in response to a lawful subpoena. However, a recorded 
image evidencing a violation of this Act may be admissible in a 
proceeding resulting from the issuance of a citation.
 
    Section 25. Fines; notice. A person who violates this Act 
shall be subject to a $100 fine for each offense. Proceeds from 
fines shall be deposited into the State Police Law Enforcement 
Administration Fund. 
    For each violation of a provision of this Act recorded by 
an automatic traffic safety system, the Authority shall issue 
a written notice of the violation to the registered owner of 
the vehicle as the alleged violator. The notice shall be 
delivered to the registered owner of the vehicle, by mail, 
within 30 days after the Secretary of State notifies the 
Authority of the identity of the owner of the vehicle, but in 
no event later than 90 days after the violation. 
    The notice shall include: 
        (1) the name and address of the registered owner of 
    the vehicle; 
        (2) the registration number of the motor vehicle 
    involved in the violation; 
        (3) the violation charged; 
        (4) the location where the violation occurred; 
        (5) the date and time of the violation; 
        (6) a copy of the recorded images; 
        (7) the amount of the civil penalty imposed and the 
    requirements of any traffic education program imposed and 
    the date by which the civil penalty should be paid and the 
    traffic education program should be completed; 
        (8) a statement that recorded images are evidence of a 
    violation of stopping or standing in a restricted area; 
        (9) a warning that failure to pay the civil penalty, 
    to complete a required traffic education program, or to 
    contest liability in a timely manner is an admission of 
    liability; 
        (10) a statement that the person may elect to proceed 
    by: 
            (A) paying the fine, completing a required traffic 
        education program, or both; or 
            (B) challenging the charge in court, by mail, or 
        by administrative hearing; and 
        (11) a website address, accessible through the 
    Internet, where the person may view the recorded images of 
    the violation.
 
    Section 30. Rules. The Authority shall adopt rules 
necessary to implement and administer this Act.