|
|
||||
| Public Act 094-0522 |
||||
| ||||
| ||||
AN ACT concerning transportation.
| ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
| ||||
Section 5. The Illinois Vehicle Code is amended by changing | ||||
Section 4-203 as follows:
| ||||
(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| ||||
Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||
Towing or
hauling away.
| ||||
(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.
| ||||
(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.
| ||||
(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.
| ||||
(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.
| ||||
(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:
| ||
(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
| ||
(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.
| ||
(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:
| ||
(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
| ||
(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.
| ||
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.
| ||
(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:
| ||
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.
| ||
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.
| ||
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
| ||
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.
| ||
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.
| ||
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. 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.
| ||
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.
| ||
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.
| ||
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.
| ||
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.
| ||
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.
| ||
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.
| ||
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.
| ||
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.
| ||
(g) When a vehicle is determined to be a hazardous | ||
dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | ||
Illinois Municipal Code, its
removal and impoundment by a | ||
towing service may be authorized by a law
enforcement agency | ||
with appropriate jurisdiction.
| ||
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.
| ||
Vehicles removed from public or private property and
stored | ||
by a commercial vehicle relocator or any other towing service | ||
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.
"An Act | ||
concerning liens for labor,
services,
skill or materials
| ||
furnished upon or storage furnished for chattels", filed July | ||
24, 1941,
as amended, and 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.
| ||
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:
food; | ||
medicine; perishable property; any operator's licenses; any | ||
cash, credit
cards, or checks or checkbooks; and any wallet, | ||
purse, or other property
containing any operator's license or | ||
other identifying documents or materials,
cash, credit cards, | ||
checks, or checkbooks.
| ||
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.
| ||
(Source: P.A. 90-738, eff. 1-1-99.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||