Public Act 095-0407
 		





SB0056 Enrolled
LRB095 04316 DRH 24357 b






    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 
Sections 4-213, 11-402, 11-404, and 18a-105 as follows:
 



    (625 ILCS 5/4-213)  (from Ch. 95 1/2, par. 4-213)


    Sec. 4-213. Liability of law enforcement officers, 
agencies, and towing
services.

    (a) A law enforcement officer or agency, a department of 
municipal
government designated under Section 4-212.1 or its 
officers or
employees, or a towing service owner, operator, or

employee shall not be held to answer or be liable for damages 
in any action
brought by the registered owner, former 
registered owner, or his legal
representative, lienholder or 
any other person legally entitled to the
possession of a 
vehicle when the vehicle was processed and sold or disposed of

as provided by this Chapter.

    (b) A towing service, and any of its officers or employees, 
that
removes or tows a vehicle as a result of being directed to 
do so by
a law enforcement officer or agency or a department of 
municipal government or
its officers or employees shall not be 
held to answer or be liable for injury
to, loss of , or damages 
to any real or personal property that occurs in the
course of 
the removal or towing of a vehicle or its contents (i) on a 
limited
access highway in a designated Incident Management 
Program that uses fast lane
clearance techniques as defined by 
the Department of Transportation or (ii) at the direction of a 
peace officer, a highway authority official, or a 
representative of local authorities, under Section 11-402 or 
11-404 of this Code.

(Source: P.A. 89-433, eff. 12-15-95.)


 



    (625 ILCS 5/11-402)  (from Ch. 95 1/2, par. 11-402)



    Sec. 11-402. Motor vehicle accident involving damage to 
vehicle. 
    (a)
The driver of any vehicle involved in a motor vehicle 
accident
resulting only in damage to a vehicle which is driven 
or attended by any person shall
immediately stop such vehicle 
at the scene of such motor vehicle accident
or as close thereto 
as possible, but shall forthwith return to and in every event

shall remain at the scene of such motor vehicle accident until 
the
requirements of Section 11-403 have been fulfilled. Every 
such stop
shall be made without obstructing traffic
more than 
is necessary. If a damaged vehicle is obstructing traffic 
lanes, the driver of the vehicle must make every reasonable 
effort to move the vehicle or have it moved so as not to block 
the traffic lanes.


    Any person failing to comply with this Section shall be 
guilty of a Class
A misdemeanor.

    (b) Upon conviction of a violation of this Section, the 
court shall make
a finding as to whether the damage to a 
vehicle is in excess of $1,000,
and in such case a statement of 
this finding shall be reported to the Secretary
of State with 
the report of conviction as required by Section 6-204 of this

Code.  Upon receipt of such report of conviction and statement 
of finding
that the damage to a vehicle is in excess of $1,000, 
the Secretary of State
shall suspend the driver's license or 
any nonresident's driving privilege.
    (c) If  any peace officer or highway authority official 
finds (i) a vehicle standing upon a highway or toll highway in 
violation of a prohibition, limitation, or restriction on 
stopping, standing, or parking imposed under this Code or (ii) 
a disabled vehicle that obstructs the roadway of a highway or 
toll highway, the peace officer or highway authority official 
is authorized to move the vehicle or to require the operator of 
the vehicle to move the vehicle to the shoulder of the road, to 
a position where parking is permitted, or to public parking or 
storage premises. The removal may be performed by, or under the 
direction of, the peace officer or highway authority official 
or may be contracted for by local authorities. After the 
vehicle has been removed, the peace officer or highway 
authority official shall follow appropriate procedures, as 
provided in Section 4-203 of this Code.
    (d) A towing service, its officers, and its employees are 
not liable for loss of or damages to any real or personal 
property that occurs as the result of the removal or towing of 
any vehicle under subsection (c), as provided in subsection (b) 
of Section 4-213.


(Source: P.A. 83-831.)

 



    (625 ILCS 5/11-404)  (from Ch. 95 1/2, par. 11-404)



    Sec. 11-404. Duty upon damaging unattended vehicle or other 
property. 
    (a) The driver of any vehicle which collides with or is 
involved in a motor
vehicle accident with any vehicle which is 
unattended, or other property,
resulting in any damage to such 
other vehicle or property shall
immediately stop and shall then 
and there either locate and notify the
operator or owner of 
such vehicle or other
property of the driver's name, address, 
registration
number and owner of the vehicle the driver was 
operating or shall
attach securely in a conspicuous place on or 
in the vehicle
or other property struck a written notice giving 
the driver's
name, address, registration number and owner of 
the
vehicle the driver was driving and shall without 
unnecessary
delay notify the nearest office of a duly 
authorized police authority and
shall make a written report of 
such accident when and as required in
Section 11-406. Every 
such stop shall be made without
obstructing traffic more than 
is necessary. If a damaged vehicle is obstructing traffic 
lanes, the driver of the vehicle must make every reasonable 
effort to move the vehicle or have it moved so as not to block 
the traffic lanes.


    (b) Any person failing to comply with this Section shall be 
guilty of a Class
A misdemeanor.
    (c) If  any peace officer or highway authority official 
finds (i) a vehicle standing upon a highway or toll highway in 
violation of a prohibition, limitation, or restriction on 
stopping, standing, or parking imposed under this Code or (ii) 
a disabled vehicle that obstructs the roadway of a highway or 
toll highway, the peace officer or highway authority official 
is authorized to move the vehicle or to require the operator of 
the vehicle to move the vehicle to the shoulder of the road, to 
a position where parking is permitted, or to public parking or 
storage premises. The removal may be performed by, or under the 
direction of, the peace officer or highway authority official 
or may be contracted for by local authorities. After the 
vehicle has been removed, the peace officer or highway 
authority official shall follow appropriate procedures, as 
provided in Section 4-203 of this Code.

    (d) A towing service, its officers, and its employees are 
not liable for loss of or damages to any real or personal 
property that occurs as the result of the removal or towing of 
any vehicle under subsection (c), as provided in subsection (b) 
of Section 4-213.

(Source: P.A. 83-831.)

 



    (625 ILCS 5/18a-105)  (from Ch. 95 1/2, par. 18a-105)



    Sec. 18a-105. Exemptions. This Chapter shall not apply to 
the
relocation of motorcycles. :

    (1) Vehicles registered for a gross weight in excess of 
10,000 pounds,
or if the vehicle is not registered, with a 
gross weight in excess of
10,000 pounds including vehicle 
weight and maximum load; or

    (2) Motorcycles.

    Such relocation shall be governed by the provisions of 
Section 4-203
of this Code.

(Source: P.A. 85-923.)




Effective Date:  1/1/2008