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Public Act 099-0438 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 4-203, 6-118, 11-1431, 18a-300, and 18d-153 and by | ||||
adding Section 4-203.5 as follows:
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(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||
Towing or
hauling away.
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(a) When a vehicle is abandoned, or left unattended, on a | ||||
toll
highway, interstate highway, or expressway for 2 hours or | ||||
more, its
removal by a towing service may be authorized by a | ||||
law enforcement
agency having jurisdiction.
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(b) When a vehicle is abandoned on a highway in an urban | ||||
district 10
hours or more, its removal by a towing service may | ||||
be authorized by a
law enforcement agency having jurisdiction.
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(c) When a vehicle is abandoned or left unattended on a | ||||
highway
other than a toll highway, interstate highway, or | ||||
expressway, outside of
an urban district for 24 hours or more, | ||||
its removal by a towing service
may be authorized by a law | ||||
enforcement agency having jurisdiction.
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(d) When an abandoned, unattended, wrecked, burned or | ||||
partially
dismantled vehicle is creating a traffic hazard |
because of its position
in relation to the highway or its | ||
physical appearance is causing the
impeding of traffic, its | ||
immediate removal from the highway or private
property adjacent | ||
to the highway by a towing service may be authorized
by a law | ||
enforcement agency having jurisdiction.
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(e) Whenever a
peace officer reasonably believes that a | ||
person under
arrest for a violation of Section 11-501 of this | ||
Code or a similar
provision of a local ordinance is likely, | ||
upon release, to commit a
subsequent violation of Section | ||
11-501, or a similar provision of a local
ordinance, the | ||
arresting officer shall have the vehicle which the person
was | ||
operating at the time of the arrest impounded for a period of | ||
not more
than 12 hours after the time of arrest. However, such | ||
vehicle may be
released by the arresting law enforcement agency | ||
prior to the end of the
impoundment period if:
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(1) the vehicle was not owned by the person under | ||
arrest, and the lawful
owner requesting such release | ||
possesses a valid operator's license, proof
of ownership, | ||
and would not, as determined by the arresting law | ||
enforcement
agency, indicate a lack of ability to operate a | ||
motor vehicle in a safe
manner, or who would otherwise, by | ||
operating such motor vehicle, be in
violation of this Code; | ||
or
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(2) the vehicle is owned by the person under arrest, | ||
and the person
under arrest gives permission to another | ||
person to operate such vehicle,
provided however, that the |
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement
agency, | ||
indicate a lack of ability to operate a motor vehicle in a | ||
safe
manner or who would otherwise, by operating such motor | ||
vehicle, be in
violation of this Code.
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(e-5) Whenever a registered owner of a vehicle is taken | ||
into custody for
operating the vehicle in violation of Section | ||
11-501 of this Code or a similar
provision of a local ordinance | ||
or Section 6-303 of this Code, a
law enforcement officer
may | ||
have the vehicle immediately impounded for a period not less | ||
than:
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(1) 24 hours for a second violation of Section 11-501 | ||
of this Code or a
similar provision of a local ordinance or | ||
Section 6-303
of
this Code or a combination of these | ||
offenses; or
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(2) 48 hours for a third violation of Section 11-501 of | ||
this Code or a
similar provision of a local ordinance or | ||
Section 6-303 of this
Code or a combination of these | ||
offenses.
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The vehicle may be released sooner if the vehicle is owned | ||
by the person
under arrest and the person under arrest gives | ||
permission to another person to
operate the vehicle and that | ||
other person possesses a valid operator's license
and would | ||
not, as determined by the arresting law enforcement agency, | ||
indicate
a lack of ability to operate a motor vehicle in a safe | ||
manner or would
otherwise, by operating the motor vehicle, be |
in violation of this Code.
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(f) Except as provided in Chapter 18a of this Code, the | ||
owner or
lessor of privately owned real property within this | ||
State, or any person
authorized by such owner or lessor, or any | ||
law enforcement agency in the
case of publicly owned real | ||
property may cause any motor vehicle abandoned
or left | ||
unattended upon such property without permission to be removed | ||
by a
towing service without liability for the costs of removal, | ||
transportation
or storage or damage caused by such removal, | ||
transportation or storage.
The towing or removal of any vehicle | ||
from private property without the
consent of the registered | ||
owner or other legally authorized person in
control of the | ||
vehicle is subject to compliance with the following
conditions | ||
and restrictions:
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1. Any towed or removed vehicle must be stored at the | ||
site of the towing
service's place of business. The site | ||
must be open during business hours,
and for the purpose of | ||
redemption of vehicles, during the time that the
person or | ||
firm towing such vehicle is open for towing purposes.
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2. The towing service shall within 30 minutes of | ||
completion of such
towing or removal, notify the law | ||
enforcement agency having jurisdiction of
such towing or | ||
removal, and the make, model, color and license plate | ||
number
of the vehicle, and shall obtain and record the name | ||
of the person at the law
enforcement agency to whom such | ||
information was reported.
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3. If the registered owner or legally authorized person | ||
entitled to
possession of the vehicle shall arrive at the | ||
scene prior to actual removal
or towing of the vehicle, the | ||
vehicle shall be disconnected from the tow
truck and that | ||
person shall be allowed to remove the vehicle without
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interference, upon the payment of a reasonable service fee | ||
of not more than
one half the posted rate of the towing | ||
service as provided in paragraph
6 of this subsection, for | ||
which a receipt shall be given.
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4. The rebate or payment of money or any other valuable | ||
consideration
from the towing service or its owners, | ||
managers or employees to the owners
or operators of the | ||
premises from which the vehicles are towed or removed,
for | ||
the privilege of removing or towing those vehicles, is | ||
prohibited. Any
individual who violates this paragraph | ||
shall be guilty of a Class A
misdemeanor.
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5. Except for property appurtenant to and obviously a | ||
part of a single
family residence, and except for instances | ||
where notice is personally given
to the owner or other | ||
legally authorized person in control of the vehicle
that | ||
the area in which that vehicle is parked is reserved or | ||
otherwise
unavailable to unauthorized vehicles and they | ||
are subject to being removed
at the owner or operator's | ||
expense, any property owner or lessor, prior to
towing or | ||
removing any vehicle from private property without the | ||
consent of
the owner or other legally authorized person in |
control of that vehicle,
must post a notice meeting the | ||
following requirements:
| ||
a. Except as otherwise provided in subparagraph | ||
a.1 of this subdivision (f)5, the notice must be | ||
prominently placed at each driveway access or curb
cut | ||
allowing vehicular access to the property within 5 feet | ||
from the public
right-of-way line. If there are no | ||
curbs or access barriers, the sign must
be posted not | ||
less than one sign each 100 feet of lot frontage.
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a.1. In a municipality with a population of less | ||
than 250,000, as an alternative to the requirement of | ||
subparagraph a of this subdivision (f)5, the notice for | ||
a parking lot contained within property used solely for | ||
a 2-family, 3-family, or 4-family residence may be | ||
prominently placed at the perimeter of the parking lot, | ||
in a position where the notice is visible to the | ||
occupants of vehicles entering the lot.
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b. The notice must indicate clearly, in not less | ||
than 2 inch high
light-reflective letters on a | ||
contrasting background, that unauthorized
vehicles | ||
will be towed away at the owner's expense.
| ||
c. The notice must also provide the name and | ||
current telephone
number of the towing service towing | ||
or removing the vehicle.
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d. The sign structure containing the required | ||
notices must be
permanently installed with the bottom |
of the sign not less than 4 feet
above ground level, | ||
and must be continuously maintained on the property for
| ||
not less than 24 hours prior to the towing or removing | ||
of any vehicle.
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6. Any towing service that tows or removes vehicles and | ||
proposes to
require the owner, operator, or person in | ||
control of the vehicle to pay the
costs of towing and | ||
storage prior to redemption of the vehicle must file
and | ||
keep on record with the local law enforcement agency a | ||
complete copy of
the current rates to be charged for such | ||
services, and post at the storage
site an identical rate | ||
schedule and any written contracts with property
owners, | ||
lessors, or persons in control of property which authorize | ||
them to
remove vehicles as provided in this Section.
The | ||
towing and storage charges, however, shall not exceed the | ||
maximum allowed by the Illinois Commerce Commission under | ||
Section 18a-200.
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7. No person shall engage in the removal of vehicles | ||
from private
property as described in this Section without | ||
filing a notice of intent
in each community where he | ||
intends to do such removal, and such
notice shall be filed | ||
at least 7 days before commencing such towing.
| ||
8. No removal of a vehicle from private property shall | ||
be done except
upon express written instructions of the | ||
owners or persons in charge of the
private property upon | ||
which the vehicle is said to be trespassing.
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9. Vehicle entry for the purpose of removal shall be | ||
allowed with
reasonable care on the part of the person or | ||
firm towing the vehicle. Such
person or firm shall be | ||
liable for any damages occasioned to the vehicle if
such | ||
entry is not in accordance with the standards of reasonable | ||
care.
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9.5. Except as authorized by a law enforcement officer, | ||
no towing service shall engage in the removal of a | ||
commercial motor vehicle that requires a commercial | ||
driver's license to operate by operating the vehicle under | ||
its own power on a highway. | ||
10. When a vehicle has been towed or removed pursuant | ||
to this Section,
it must be released to its owner or | ||
custodian within one half hour after
requested, if such | ||
request is made during business hours. Any vehicle owner
or | ||
custodian or agent shall have the right to inspect the | ||
vehicle before
accepting its return, and no release or | ||
waiver of any kind which would
release the towing service | ||
from liability for damages incurred during the
towing and | ||
storage may be required from any vehicle owner or other | ||
legally
authorized person as a condition of release of the | ||
vehicle. A detailed,
signed receipt showing the legal name | ||
of the towing service must be given
to the person paying | ||
towing or storage charges at the time of payment,
whether | ||
requested or not.
| ||
This Section shall not apply to law enforcement, |
firefighting, rescue,
ambulance, or other emergency vehicles | ||
which are marked as such or to
property owned by any | ||
governmental entity.
| ||
When an authorized person improperly causes a motor vehicle | ||
to be
removed, such person shall be liable to the owner or | ||
lessee of the vehicle
for the cost or removal, transportation | ||
and storage, any damages resulting
from the removal, | ||
transportation and storage, attorney's fee and court costs.
| ||
Any towing or storage charges accrued shall be payable by | ||
the use of any
major credit card, in addition to being payable | ||
in cash.
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11. Towing companies shall also provide insurance | ||
coverage for areas
where vehicles towed under the | ||
provisions of this Chapter will be impounded
or otherwise | ||
stored, and shall adequately cover loss by fire, theft or
| ||
other risks.
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Any person who fails to comply with the conditions and | ||
restrictions of
this subsection shall be guilty of a Class C | ||
misdemeanor and shall be fined
not less than $100 nor more than | ||
$500.
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(g)(1) When a vehicle is determined to be a hazardous | ||
dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||
Illinois Municipal Code or Section 5-12002.1 of the Counties | ||
Code, its
removal and impoundment by a towing service may be | ||
authorized by a law
enforcement agency with appropriate | ||
jurisdiction.
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(2) When a vehicle removal from either public or private | ||
property is
authorized by a law enforcement agency, the owner | ||
of the vehicle shall be
responsible for all towing and storage | ||
charges.
| ||
(3) Vehicles removed from public or private property and
| ||
stored by a commercial vehicle relocator or any other towing | ||
service authorized by a law enforcement agency in
compliance | ||
with this Section and Sections 4-201 and 4-202
of this Code, or | ||
at the request of the vehicle owner or operator,
shall
be | ||
subject to a possessor lien for services
pursuant to the Labor | ||
and Storage Lien (Small Amount) Act. The provisions of Section | ||
1 of that Act relating to notice
and implied consent shall be | ||
deemed satisfied by compliance with Section
18a-302 and | ||
subsection (6) of Section 18a-300. In no event shall such lien
| ||
be greater than the rate or rates established in accordance | ||
with subsection
(6) of Section 18a-200 of this Code. In no | ||
event shall such lien be
increased or altered to reflect any | ||
charge for services or materials
rendered in addition to those | ||
authorized by this Act. Every such lien
shall be payable by use | ||
of any major credit card, in addition to being
payable in cash.
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(4) Any personal property belonging to the vehicle owner in | ||
a vehicle subject to a lien under this
subsection
(g) shall | ||
likewise be subject to that lien, excepting only:
child | ||
restraint systems as defined in Section 4 of the Child | ||
Passenger Protection Act and other child booster seats; | ||
eyeglasses; food; medicine; perishable property; any |
operator's licenses; any cash, credit
cards, or checks or | ||
checkbooks; any wallet, purse, or other property
containing any | ||
operator's license or other identifying documents or | ||
materials,
cash, credit cards, checks, or checkbooks; and any | ||
personal property belonging to a person other than the vehicle | ||
owner if that person provides adequate proof that the personal | ||
property belongs to that person. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim | ||
personal property excepted under this paragraph (4) if the | ||
person claiming the personal property provides the commercial | ||
vehicle relocator or towing service with the authorization of | ||
the vehicle owner. | ||
(5) This paragraph (5) applies only in the case of a | ||
vehicle that is towed as a result of being involved in an | ||
accident. In addition to the personal property excepted under | ||
paragraph (4), all other personal property in a vehicle subject | ||
to a lien under this subsection (g) is exempt from that lien | ||
and may be claimed by the vehicle owner if the vehicle owner | ||
provides the commercial vehicle relocator or towing service | ||
with proof that the vehicle owner has an insurance policy | ||
covering towing and storage fees. The spouse, child, mother, | ||
father, brother, or sister of the vehicle owner may claim | ||
personal property in a vehicle subject to a lien under this | ||
subsection (g) if the person claiming the personal property | ||
provides the commercial vehicle relocator or towing service | ||
with the authorization of the vehicle owner and proof that the |
vehicle owner has an insurance policy covering towing and | ||
storage fees. The regulation of liens on personal property and | ||
exceptions to those liens in the case of vehicles towed as a | ||
result of being involved in an accident are
exclusive powers | ||
and functions of the State. A home
rule unit may not regulate | ||
liens on personal property and exceptions to those liens in the | ||
case of vehicles towed as a result of being involved in an | ||
accident. This paragraph (5) is a denial and
limitation of home | ||
rule powers and functions under
subsection (h) of Section 6 of | ||
Article VII of the
Illinois Constitution. | ||
(6) No lien under this subsection (g) shall:
exceed $2,000 | ||
in its total amount; or
be increased or altered to reflect any | ||
charge for services or
materials rendered in addition to those | ||
authorized by this Act.
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(h) Whenever a peace officer issues a citation to a driver | ||
for a violation of subsection (a) of Section 11-506 of this | ||
Code, the arresting officer may have the vehicle which the | ||
person was operating at the time of the arrest impounded for a | ||
period of 5 days after the time of arrest.
An impounding agency | ||
shall release a motor vehicle impounded under this subsection | ||
(h) to the registered owner of the vehicle under any of the | ||
following circumstances: | ||
(1) If the vehicle is a stolen vehicle; or | ||
(2) If the person ticketed for a violation of | ||
subsection (a) of Section 11-506 of this Code was not | ||
authorized by the registered owner of the vehicle to |
operate the vehicle at the time of the violation; or | ||
(3) If the registered owner of the vehicle was neither | ||
the driver nor a passenger in the vehicle at the time of | ||
the violation or was unaware that the driver was using the | ||
vehicle to engage in street racing; or | ||
(4) If the legal owner or registered owner of the | ||
vehicle is a rental car agency; or | ||
(5) If, prior to the expiration of the impoundment | ||
period specified above, the citation is dismissed or the | ||
defendant is found not guilty of the offense.
| ||
(i) Except for vehicles exempted under subsection (b) of | ||
Section 7-601 of this Code, whenever a law enforcement officer | ||
issues a citation to a driver for a violation of Section 3-707 | ||
of this Code, and the driver has a prior conviction for a | ||
violation of Section 3-707 of this Code in the past 12 months, | ||
the arresting officer shall authorize the removal and | ||
impoundment of the vehicle by a towing service. | ||
(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | ||
97-779, eff. 7-13-12.)
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(625 ILCS 5/4-203.5 new) | ||
Sec. 4-203.5. Tow rotation list. | ||
(a) Each law enforcement agency whose duties include the | ||
patrol of highways in this State shall maintain a tow rotation | ||
list which shall be used by law enforcement officers | ||
authorizing the tow of a vehicle within the jurisdiction of the |
law enforcement agency. To ensure adequate response time, a law | ||
enforcement agency may maintain multiple tow rotation lists, | ||
with each tow rotation list covering tows authorized in | ||
different geographic locations within the jurisdiction of the | ||
law enforcement agency. A towing service may be included on | ||
more than one tow rotation list. | ||
(b) Any towing service operating within the jurisdiction of | ||
a law enforcement agency may submit an application in a form | ||
and manner prescribed by the law enforcement agency for | ||
inclusion on the law enforcement agency's tow rotation list. | ||
The towing service does not need to be located within the | ||
jurisdiction of the law enforcement agency. To be included on a | ||
tow rotation list the towing service must meet the following | ||
requirements: | ||
(1) possess a license permitting the towing service to | ||
operate in every unit of local government in the law | ||
enforcement agency's jurisdiction that requires a license | ||
for the operation of a towing service; | ||
(2) if required by the law enforcement agency for | ||
inclusion on that law enforcement agency's tow rotation | ||
list, each owner of the towing service and each person | ||
operating a vehicle on behalf of the towing service shall | ||
submit his or her fingerprints to the Department of State | ||
Police in the form and manner prescribed by the Department | ||
of State Police. These fingerprints should be transmitted | ||
through a live scan fingerprint vendor licensed by the |
Department of Financial and Professional Regulation. These | ||
fingerprints shall be checked against the fingerprint | ||
records now and hereafter filed in the Department of State | ||
Police and Federal Bureau of Investigation criminal | ||
history records databases. The Department of State Police | ||
shall charge a fee for conducting the criminal history | ||
record check, which shall be deposited in the State Police | ||
Services Fund and shall not exceed the actual cost of the | ||
State and national criminal history record check. The | ||
Department of State Police shall furnish, pursuant to | ||
positive identification, all Illinois conviction | ||
information to the law enforcement agency maintaining the | ||
tow rotation list and shall forward the national criminal | ||
history record information to the law enforcement agency | ||
maintaining the tow rotation list. A person may not own a | ||
towing service or operate a vehicle on behalf of a towing | ||
service included on a tow rotation list if that person has | ||
been convicted during the 5 years preceding the application | ||
of a criminal offense involving one or more of the | ||
following: | ||
(A) bodily injury or attempt to inflict bodily | ||
injury to another person; | ||
(B) theft of property or attempted theft of | ||
property; or | ||
(C) sexual assault or attempted sexual assault of | ||
any kind; |
(3) each person operating a vehicle on behalf of the | ||
towing service must be classified for the type of towing | ||
operation he or she shall be performing and the vehicle he | ||
or she shall be operating; | ||
(4) possess and maintain the following insurance in | ||
addition to any other insurance required by law: | ||
(A) comprehensive automobile liability insurance | ||
with a minimum combined single limit coverage of | ||
$1,000,000; | ||
(B) commercial general liability insurance with | ||
limits of not less than $1,000,000 per occurrence, | ||
$100,000 minimum garage keepers legal liability | ||
insurance, and $100,000 minimum on-hook coverage or | ||
cargo insurance; and | ||
(C) a worker's compensation policy covering every | ||
person operating a tow truck on behalf of the towing | ||
service, if required under current law; | ||
(5) possess a secure parking lot used for short-term | ||
vehicle storage after a vehicle is towed that is open | ||
during business hours and is equipped with security | ||
features as required by the law enforcement agency; | ||
(6) utilize only vehicles that possess a valid vehicle | ||
registration, display a valid Illinois license plate in | ||
accordance with Section 5-202 of this Code, and comply with | ||
the weight requirements of this Code; | ||
(7) every person operating a towing or recovery vehicle |
on behalf of the towing service must have completed a | ||
Traffic Incident Management Training Program approved by | ||
the Department of Transportation; | ||
(8) hold a valid authority issued to it by the Illinois | ||
Commerce Commission; | ||
(9) comply with all other applicable federal, State, | ||
and local laws; and | ||
(10) comply with any additional requirements the | ||
applicable law enforcement agency deems necessary. | ||
The law enforcement agency may select which towing services | ||
meeting the requirements of this subsection (b) shall be | ||
included on a tow rotation list. The law enforcement agency may | ||
choose to have only one towing service on its tow rotation | ||
list. Complaints regarding the process for inclusion on a tow | ||
rotation list or the use of a tow rotation list may be referred | ||
in writing to the head of the law enforcement agency | ||
administering that tow rotation list. The head of the law | ||
enforcement agency shall make the final determination as to | ||
which qualified towing services shall be included on a tow | ||
rotation list, and shall not be held liable for the exclusion | ||
of any towing service from a tow rotation list. | ||
(c) Whenever a law enforcement officer initiates a tow of a | ||
vehicle, the officer shall contact his or her law enforcement | ||
agency and inform the agency that a tow has been authorized. | ||
The law enforcement agency shall then select a towing service | ||
from the law enforcement agency's tow rotation list |
corresponding to the geographical area where the tow was | ||
authorized, and shall contact that towing service directly by | ||
phone, computer, or similar means. Towing services shall be | ||
contacted in the order listed on the appropriate tow rotation | ||
list, at which point the towing service shall be placed at the | ||
end of that tow rotation list. In the event a listed towing | ||
service is not available, the next listed towing service on | ||
that tow rotation list shall be contacted. | ||
(d) A law enforcement agency may deviate from the order | ||
listed on a tow rotation list if the towing service next on | ||
that tow rotation list is, in the judgment of the authorizing | ||
officer or the law enforcement agency making the selection, | ||
incapable of or not properly equipped for handling a specific | ||
task related to the tow that requires special skills or | ||
equipment. A deviation from the order listed on the tow | ||
rotation list for this reason shall not cause a loss of | ||
rotation turn by the towing service determined to be incapable | ||
or not properly equipped for handling the request. | ||
(e) In the event of an emergency a law enforcement officer | ||
or agency, taking into account the safety and location of the | ||
situation, may deviate from the order of the tow rotation list | ||
and obtain towing service from any source deemed appropriate. | ||
(f) If the owner or operator of a disabled vehicle is | ||
present at the scene of the disabled vehicle, is not under | ||
arrest, and does not abandon his or her vehicle, and in the law | ||
enforcement officer's opinion the disabled vehicle is not |
impeding or obstructing traffic, illegally parked, or posing a | ||
security or safety risk, the law enforcement officer shall | ||
allow the owner of the vehicle to specify a towing service to | ||
relocate the disabled vehicle. If the owner chooses not to | ||
specify a towing service, the law enforcement agency shall | ||
select a towing service for the vehicle as provided in | ||
subsection (c) of this Section. | ||
(g) If a tow operator is present or arrives where a tow is | ||
needed and it has not been requested by the law enforcement | ||
agency or the owner or operator, the law enforcement officer, | ||
unless acting under Section 11-1431 of this Code, shall advise | ||
the tow operator to leave the scene. | ||
(h) Nothing contained in this Section shall apply to a law | ||
enforcement agency having jurisdiction solely over a | ||
municipality with a population over 1,000,000.
| ||
(625 ILCS 5/6-118)
| ||
(Text of Section before amendment by P.A. 98-176 ) | ||
Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 |
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously | ||
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 |
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or | ||
the dependent children living | ||
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle | ||
Title Information Service Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: |
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial driver instruction permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person who presents the Secretary of State's office |
with a
police report showing that his license or permit was | ||
stolen. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older whose driver's license or permit | ||
has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Suspension under Section 11-501.9 ...................$250 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501, | ||
11-501.1, or 11-501.9
of this Code or a similar provision of a | ||
local ordinance
or a similar out-of-state offense
or Section |
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||
and each suspension or revocation was for a violation of | ||
Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | ||
provision of a local ordinance
or a similar out-of-state | ||
offense
or Section
9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012
shall pay, in addition to any other
fees | ||
required by this Code, a
reinstatement
fee as follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Suspension under Section 11-501.9 ...................$500 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. |
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 or suspended | ||
under Section 11-501.9 shall be deposited into the
Drunk | ||
and Drugged Driving Prevention Fund.
However, for a person | ||
whose license or privilege to operate a motor vehicle
in | ||
this State has been suspended or revoked for a second or | ||
subsequent time for
a violation of Section 11-501, | ||
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | ||
the $500 fee for reinstatement of a license summarily
| ||
suspended under
Section 11-501.1 or suspended under | ||
Section 11-501.9,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the | ||
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of such original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial driver | ||
instruction permit fee when such
permit is issued to any | ||
person holding a valid Illinois driver's license,
shall be | ||
paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L |
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial driver instruction permit | ||
shall be paid into the Motor
Carrier Safety Inspection | ||
Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1 or a | ||
suspension under Section 11-501.9; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of |
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-177, eff. 1-1-14; 98-756, eff. 7-16-14.) | ||
(Text of Section after amendment by P.A. 98-176 ) | ||
Sec. 6-118. Fees. | ||
(a) The fee for licenses and permits under this
Article is | ||
as follows: | ||
Original driver's license .............................$30 | ||
Original or renewal driver's license | ||
issued to 18, 19 and 20 year olds .................. 5 | ||
All driver's licenses for persons | ||
age 69 through age 80 .............................. 5 | ||
All driver's licenses for persons | ||
age 81 through age 86 .............................. 2 | ||
All driver's licenses for persons | ||
age 87 or older .....................................0 | ||
Renewal driver's license (except for | ||
applicants ages 18, 19 and 20 or | ||
age 69 and older) ..................................30 | ||
Original instruction permit issued to | ||
persons (except those age 69 and older) | ||
who do not hold or have not previously |
held an Illinois instruction permit or | ||
driver's license .................................. 20 | ||
Instruction permit issued to any person | ||
holding an Illinois driver's license | ||
who wishes a change in classifications, | ||
other than at the time of renewal .................. 5 | ||
Any instruction permit issued to a person | ||
age 69 and older ................................... 5 | ||
Instruction permit issued to any person, | ||
under age 69, not currently holding a | ||
valid Illinois driver's license or | ||
instruction permit but who has | ||
previously been issued either document | ||
in Illinois ....................................... 10 | ||
Restricted driving permit .............................. 8 | ||
Monitoring device driving permit ...................... 8 | ||
Duplicate or corrected driver's license | ||
or permit .......................................... 5 | ||
Duplicate or corrected restricted | ||
driving permit ..................................... 5 | ||
Duplicate or corrected monitoring | ||
device driving permit .................................. 5 | ||
Duplicate driver's license or permit issued to | ||
an active-duty member of the | ||
United States Armed Forces, | ||
the member's spouse, or |
the dependent children living | ||
with the member ................................... 0 | ||
Original or renewal M or L endorsement ................. 5 | ||
SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | ||
The fees for commercial driver licenses and permits | ||
under Article V
shall be as follows: | ||
Commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | ||
(Commercial Driver's License Information | ||
System/American Association of Motor Vehicle | ||
Administrators network/National Motor Vehicle | ||
Title Information Service Trust Fund); | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; | ||
and $24 for the CDL: ............................. $60 | ||
Renewal commercial driver's license: | ||
$6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | ||
$20 for the Motor Carrier Safety Inspection Fund; | ||
$10 for the driver's license; and | ||
$24 for the CDL: ................................. $60 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois driver's license for the | ||
purpose of changing to a | ||
CDL classification: $6 for the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund; |
$20 for the Motor Carrier | ||
Safety Inspection Fund; and | ||
$24 for the CDL classification ................... $50 | ||
Commercial learner's permit | ||
issued to any person holding a valid | ||
Illinois CDL for the purpose of | ||
making a change in a classification, | ||
endorsement or restriction ........................ $5 | ||
CDL duplicate or corrected license .................... $5 | ||
In order to ensure the proper implementation of the Uniform | ||
Commercial
Driver License Act, Article V of this Chapter, the | ||
Secretary of State is
empowered to pro-rate the $24 fee for the | ||
commercial driver's license
proportionate to the expiration | ||
date of the applicant's Illinois driver's
license. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person who presents the Secretary of State's office | ||
with a
police report showing that his license or permit was | ||
stolen. | ||
The fee for any duplicate license or permit shall be waived | ||
for any
person age 60 or older whose driver's license or permit | ||
has been lost or stolen. | ||
No additional fee shall be charged for a driver's license, | ||
or for a
commercial driver's license, when issued
to the holder | ||
of an instruction permit for the same classification or
type of | ||
license who becomes eligible for such
license. | ||
(b) Any person whose license or privilege to operate a |
motor vehicle
in this State has been suspended or revoked under | ||
Section 3-707, any
provision of
Chapter 6, Chapter 11, or | ||
Section 7-205, 7-303, or 7-702 of the Family
Financial
| ||
Responsibility Law of this Code, shall in addition to any other
| ||
fees required by this Code, pay a reinstatement fee as follows: | ||
Suspension under Section 3-707 .....................
$100
| ||
Suspension under Section 11-1431 .....................$100 | ||
Summary suspension under Section 11-501.1 ...........$250
| ||
Suspension under Section 11-501.9 ...................$250 | ||
Summary revocation under Section 11-501.1 ............$500 | ||
Other suspension ......................................$70 | ||
Revocation ...........................................$500 | ||
However, any person whose license or privilege to operate a | ||
motor vehicle
in this State has been suspended or revoked for a | ||
second or subsequent time
for a violation of Section 11-501, | ||
11-501.1, or 11-501.9
of this Code or a similar provision of a | ||
local ordinance
or a similar out-of-state offense
or Section | ||
9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| ||
and each suspension or revocation was for a violation of | ||
Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | ||
provision of a local ordinance
or a similar out-of-state | ||
offense
or Section
9-3 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012
shall pay, in addition to any other
fees | ||
required by this Code, a
reinstatement
fee as follows: | ||
Summary suspension under Section 11-501.1 ............$500 | ||
Suspension under Section 11-501.9 ...................$500 |
Summary revocation under Section 11-501.1 ............$500 | ||
Revocation ...........................................$500 | ||
(c) All fees collected under the provisions of this Chapter | ||
6 shall be
paid into the Road Fund in the State Treasury except | ||
as follows: | ||
1. The following amounts shall be paid into the Driver | ||
Education Fund: | ||
(A) $16 of the $20
fee for an original driver's | ||
instruction permit; | ||
(B) $5 of the $30 fee for an original driver's | ||
license; | ||
(C) $5 of the $30 fee for a 4 year renewal driver's | ||
license;
| ||
(D) $4 of the $8 fee for a restricted driving | ||
permit; and | ||
(E) $4 of the $8 fee for a monitoring device | ||
driving permit. | ||
2. $30 of the $250 fee for reinstatement of a
license
| ||
summarily suspended under Section 11-501.1 or suspended | ||
under Section 11-501.9 shall be deposited into the
Drunk | ||
and Drugged Driving Prevention Fund.
However, for a person | ||
whose license or privilege to operate a motor vehicle
in | ||
this State has been suspended or revoked for a second or | ||
subsequent time for
a violation of Section 11-501, | ||
11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| ||
Criminal Code of 1961 or the Criminal Code of 2012,
$190 of |
the $500 fee for reinstatement of a license summarily
| ||
suspended under
Section 11-501.1 or suspended under | ||
Section 11-501.9,
and $190 of the $500 fee for | ||
reinstatement of a revoked license
shall be deposited into | ||
the Drunk and Drugged Driving Prevention Fund. $190 of the | ||
$500 fee for reinstatement of a license summarily revoked | ||
pursuant to Section 11-501.1 shall be deposited into the | ||
Drunk and Drugged Driving Prevention Fund. | ||
3. $6 of the original or renewal fee for a commercial | ||
driver's
license and $6 of the commercial learner's permit | ||
fee when the
permit is issued to any person holding a valid | ||
Illinois driver's license,
shall be paid into the | ||
CDLIS/AAMVAnet/NMVTIS Trust Fund. | ||
4. $30 of the $70 fee for reinstatement of a license | ||
suspended
under the
Family
Financial Responsibility Law | ||
shall be paid into the Family Responsibility
Fund. | ||
5. The $5 fee for each original or renewal M or L | ||
endorsement shall be
deposited into the Cycle Rider Safety | ||
Training Fund. | ||
6. $20 of any original or renewal fee for a commercial | ||
driver's
license or commercial learner's permit shall be | ||
paid into the Motor
Carrier Safety Inspection Fund. | ||
7. The following amounts shall be paid into the General | ||
Revenue Fund: | ||
(A) $190 of the $250 reinstatement fee for a | ||
summary suspension under
Section 11-501.1 or a |
suspension under Section 11-501.9; | ||
(B) $40 of the $70 reinstatement fee for any other | ||
suspension provided
in subsection (b) of this Section; | ||
and | ||
(C) $440 of the $500 reinstatement fee for a first | ||
offense revocation
and $310 of the $500 reinstatement | ||
fee for a second or subsequent revocation. | ||
(d) All of the proceeds of the additional fees imposed by | ||
this amendatory Act of the 96th General Assembly shall be | ||
deposited into the Capital Projects Fund. | ||
(e) The additional fees imposed by this amendatory Act of | ||
the 96th General Assembly shall become effective 90 days after | ||
becoming law. | ||
(f) As used in this Section, "active-duty member of the | ||
United States Armed Forces" means a member of the Armed | ||
Services or Reserve Forces of the United States or a member of | ||
the Illinois National Guard who is called to active duty | ||
pursuant to an executive order of the President of the United | ||
States, an act of the Congress of the United States, or an | ||
order of the Governor. | ||
(Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | ||
98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the | ||
effective date of changes made by P.A. 98-176); 98-177, eff. | ||
1-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.) | ||
(625 ILCS 5/11-1431) |
Sec. 11-1431. Solicitations at accident or disablement | ||
scene prohibited. | ||
(a) A tower, as defined by Section 1-205.2 of this Code, or | ||
an employee or agent of a tower may not: (i) stop at the scene | ||
of a motor vehicle accident or at or near a damaged or disabled | ||
vehicle for the purpose of soliciting the owner or operator of | ||
the damaged or disabled vehicle to enter into a towing service | ||
transaction; or (ii) stop at the scene of an accident or at or | ||
near a damaged or disabled vehicle unless called to the | ||
location by a law enforcement officer, the Illinois Department | ||
of Transportation, the Illinois State Toll Highway Authority, a | ||
local agency having jurisdiction over the highway, or the
owner | ||
or operator of the damaged or disabled vehicle. This Section | ||
shall not apply to employees of the Department, the Illinois | ||
State Toll Highway Authority, or local agencies when engaged in | ||
their official duties. Nothing in this Section shall prevent a | ||
tower from stopping at the scene of a motor vehicle accident or | ||
at or near a
damaged or disabled vehicle if the owner or | ||
operator signals the tower for assistance from the location of | ||
the motor vehicle accident or damaged or disabled vehicle.
| ||
(b) A person who violates this Section is guilty of a | ||
business offense and shall be required to pay a fine of more | ||
than $500, but not more than $1,000. A person convicted of | ||
violating this Section shall also have his or her driver's | ||
license, permit, or privileges suspended for 3 months. After | ||
the expiration of the 3 month suspension, the person's driver's |
license, permit, or privileges shall not be reinstated until he | ||
or she has paid a reinstatement fee of $100. If a person | ||
violates this Section while his or her driver's license, | ||
permit, or privileges are suspended under this subsection (b), | ||
his or her driver's license, permit, or privileges shall be | ||
suspended for an additional 6 months, and shall not be | ||
reinstated after the expiration of the 6 month suspension until | ||
he or she pays a reinstatement fee of $100. | ||
(Source: P.A. 96-1376, eff. 7-29-10.)
| ||
(625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| ||
Sec. 18a-300. Commercial vehicle relocators - Unlawful | ||
practices. It
shall be unlawful for any commercial vehicle | ||
relocator:
| ||
(1) To operate in any county in which this Chapter is | ||
applicable
without a valid, current relocator's license as | ||
provided in Article IV
of this Chapter;
| ||
(2) To employ as an operator, or otherwise so use the | ||
services of,
any person who does not have at the | ||
commencement of employment or
service, or at any time | ||
during the course of employment or service, a
valid, | ||
current operator's employment permit, or temporary | ||
operator's
employment permit issued in accordance with | ||
Sections 18a-403 or 18a-405
of this Chapter; or to fail to | ||
notify the Commission, in writing, of any
known criminal | ||
conviction of any employee occurring at any time before
or |
during the course of employment or service;
| ||
(3) To employ as a dispatcher, or otherwise so use the | ||
services of, any
person who does not have at the | ||
commencement of employment or service, or
at any time | ||
during the course of employment or service, a valid, | ||
current
dispatcher's or operator's employment permit or | ||
temporary dispatcher's or
operator's employment permit | ||
issued in accordance with Sections 18a-403 or
18a-407 of | ||
this Chapter; or to fail to notify the Commission, in | ||
writing,
of any known criminal conviction of any employee | ||
occurring at any time
before or during the course of | ||
employment or service;
| ||
(4) To operate upon the highways of this State any | ||
vehicle used in
connection with any commercial vehicle | ||
relocation service unless:
| ||
(A) There is painted or firmly affixed to the | ||
vehicle on both sides of the
vehicle in a color or | ||
colors vividly contrasting to the color of the vehicle
| ||
the name, address and telephone number of the | ||
relocator.
The Commission shall prescribe reasonable | ||
rules and regulations
pertaining to insignia to be | ||
painted or firmly affixed to vehicles and
shall waive | ||
the requirements of the address on any vehicle in cases
| ||
where the operator of a vehicle has painted or | ||
otherwise firmly affixed
to the vehicle a seal or trade | ||
mark that clearly identifies the
operator of the |
vehicle; and
| ||
(B) There is carried in the power unit of the | ||
vehicle a certified
copy of the currently effective | ||
relocator's license and operator's
employment permit. | ||
Copies may be photographed, photocopied, or reproduced
| ||
or printed by any other legible and durable process. | ||
Any person guilty of
not causing to be displayed a copy | ||
of his relocator's license and
operator's employment | ||
permit may in any hearing concerning the violation
be | ||
excused from the payment of the penalty hereinafter | ||
provided upon a
showing that the license was issued by | ||
the Commission, but was
subsequently lost or | ||
destroyed;
| ||
(5) To operate upon the highways of this State any | ||
vehicle used in
connection with any commercial vehicle | ||
relocation service that bears the
name or address and | ||
telephone number of any person or entity other than
the | ||
relocator by which it is owned or to which it is leased;
| ||
(6) To advertise in any newspaper, book, list, | ||
classified directory
or other publication unless there is | ||
contained in the advertisement the
license number of the | ||
relocator;
| ||
(7) To remove any vehicle from private property without | ||
having first
obtained the written authorization of the | ||
property owner or other person
in lawful possession or | ||
control of the property, his authorized agent,
or an |
authorized law enforcement officer. The authorization may | ||
be on
a contractual basis covering a period of time or | ||
limited to a specific
removal;
| ||
(8) To charge the private property owner, who requested | ||
that an
unauthorized vehicle be removed from his property, | ||
with the costs of
removing the vehicle contrary to any | ||
terms that may be a part of the
contract between the | ||
property owner and the commercial relocator.
Nothing in | ||
this paragraph shall prevent a relocator from assessing,
| ||
collecting, or receiving from the property owner, lessee, | ||
or their agents
any fee prescribed by the Commission;
| ||
(9) To remove a vehicle when the owner or operator of | ||
the vehicle
is present or arrives at the vehicle location | ||
at any time prior to the
completion of removal, and is | ||
willing and able to remove the vehicle
immediately , except | ||
for vehicles that require a commercial driver's license to | ||
operate.
Vehicles that require a commercial driver's | ||
license to operate shall be disconnected from the tow truck | ||
and the owner or operator shall be allowed to remove the | ||
vehicle without interference upon the payment of a | ||
reasonable service fee of not more than one-half of the | ||
posted rate of the towing service per tow vehicle on the | ||
scene and up to a maximum of 2 tow vehicles as provided in | ||
paragraph 6 of subsection (f) of Section 4-203 of this | ||
Code, for which a receipt shall be given ;
| ||
(10) To remove any vehicle from property on which signs |
are required
and on which there are not posted appropriate | ||
signs under Section
18a-302;
| ||
(11) To fail to notify law enforcement authorities in | ||
the
jurisdiction in which the trespassing vehicle was | ||
removed within one
hour of the removal. Notification shall | ||
include a complete description
of the vehicle, | ||
registration numbers if possible, the locations from
which | ||
and to which the vehicle was removed, the time of removal, | ||
and any
other information required by regulation, statute | ||
or ordinance;
| ||
(12) To impose any charge other than in accordance with | ||
the rates set by the
Commission as provided in paragraph | ||
(6) of Section 18a-200 of this Chapter;
| ||
(13) To fail, in the office or location at which | ||
relocated vehicles
are routinely returned to their owners, | ||
to prominently post the name,
address and telephone number | ||
of the nearest office of the Commission to
which inquiries | ||
or complaints may be sent;
| ||
(13.1) To fail to distribute to each owner or operator | ||
of a relocated
vehicle, in written form as prescribed by | ||
Commission rule or regulation, the
relevant statutes, | ||
regulations and ordinances governing commercial vehicle
| ||
relocators, including, in at least 12 point boldface type, | ||
the name, address
and telephone number of the nearest | ||
office of the Commission to which inquiries
or complaints | ||
may be sent;
|
(13.2) To fail, in the office or location at which | ||
relocated vehicles
are routinely returned to their owners, | ||
to ensure that the relocator's representative provides | ||
suitable evidence of his or her identity to the owners of | ||
relocated vehicles upon request;
| ||
(14) To remove any vehicle, otherwise in accordance | ||
with this Chapter,
more than 15 air miles from its location | ||
when towed from a location in an
unincorporated area of a | ||
county or more than 10 air miles from its location
when | ||
towed from any other location;
| ||
(15) To fail to make a telephone number available to | ||
the police department
of any municipality in which a | ||
relocator operates at which the relocator
or an employee of | ||
the relocator may be contacted at any time during the
hours | ||
in which the relocator is engaged in the towing of | ||
vehicles, or
advertised as engaged in the towing of | ||
vehicles, for the purpose of
effectuating the release of a | ||
towed vehicle; or to fail to include the
telephone number | ||
in any advertisement of the relocator's services published
| ||
or otherwise appearing on or after the effective date of | ||
this amendatory
Act; or to fail to have an employee | ||
available at any time on the
premises owned or controlled | ||
by the relocator for the purposes of arranging
for the | ||
immediate release of the vehicle.
| ||
Apart from any other penalty or liability authorized | ||
under this Act, if
after a reasonable effort, the owner of |
the vehicle is unable to make telephone
contact with the | ||
relocator for a period of one hour from his initial attempt
| ||
during any time period in which the relocator is required | ||
to respond at
the number, all fees for towing, storage, or | ||
otherwise are to be waived. Proof
of 3 attempted phone | ||
calls to the number provided to the police department
by an | ||
officer or employee of the department on behalf of the | ||
vehicle owner
within the space of one hour, at least 2 of | ||
which are separated by 45 minutes,
shall be deemed | ||
sufficient proof of the owner's reasonable effort to make
| ||
contact with the vehicle relocator. Failure of the | ||
relocator to respond to
the phone calls is not a criminal | ||
violation of this Chapter;
| ||
(16) To use equipment which the relocator does not own, | ||
except in
compliance with Section 18a-306 of this Chapter | ||
and Commission regulations.
No equipment can be leased to | ||
more than one relocator at any time.
Equipment leases shall | ||
be filed with the Commission. If equipment is leased
to one | ||
relocator, it cannot thereafter be leased to another | ||
relocator until
a written cancellation of lease is properly | ||
filed with the Commission;
| ||
(17) To use drivers or other personnel who are not | ||
employees or
contractors of the relocator;
| ||
(18) To fail to refund any amount charged in excess of | ||
the reasonable
rate established by the Commission;
| ||
(19) To violate any other provision of this Chapter, or |
of Commission
regulations or orders adopted under this | ||
Chapter ; .
| ||
(20) To engage in the removal of a commercial motor | ||
vehicle that requires a commercial driver's license to | ||
operate by operating the vehicle under its own power on a | ||
highway without authorization by a law enforcement | ||
officer. | ||
(Source: P.A. 94-650, eff. 1-1-06.)
| ||
(625 ILCS 5/18d-153) | ||
Sec. 18d-153. Misrepresentation of affiliation. It shall | ||
be unlawful for any tower to misrepresent an affiliation with | ||
the State, a unit of local government, an insurance company, a | ||
private club, or any other entity , or falsely claim to be | ||
included on a law enforcement agency's tow rotation list | ||
maintained under Section 4-203.5 of this Code, for the purpose | ||
of securing a business transaction with a vehicle owner or | ||
operator.
| ||
(Source: P.A. 96-1369, eff. 1-1-11.) | ||
Section 95. No acceleration or delay. Where this Act makes | ||
changes in a statute that is represented in this Act by text | ||
that is not yet or no longer in effect (for example, a Section | ||
represented by multiple versions), the use of that text does | ||
not accelerate or delay the taking effect of (i) the changes | ||
made by this Act or (ii) provisions derived from any other |
Public Act. |