Public Act 096-1016
 		





SB0935 Enrolled
LRB096 07044 AJT 17130 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 11-208.3 and 11-208.6 as follows:
 



    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)


    Sec. 11-208.3. Administrative adjudication of violations 
of traffic
regulations concerning the standing, parking, or 
condition of
vehicles and automated traffic law violations. 

    (a) Any municipality may provide by ordinance for a system 
of
administrative adjudication of vehicular standing and 
parking violations and
vehicle compliance violations as 
defined in this subsection and automated traffic law violations 
as defined in Section 11-208.6 or 11-1201.1.
The administrative 
system shall have as its purpose the fair and
efficient 
enforcement of municipal regulations through the

administrative adjudication of automated traffic law 
violations and violations of municipal ordinances
regulating 
the standing and parking of vehicles, the condition and use of

vehicle equipment, and the display of municipal wheel tax 
licenses within the
municipality's
borders.  The administrative 
system shall only have authority to adjudicate
civil offenses 
carrying fines not in excess of $500 or requiring the 
completion of a traffic education program, or both, that occur 
after the
effective date of the ordinance adopting such a 
system under this Section.
For purposes of this Section, 
"compliance violation" means a violation of a
municipal 
regulation governing the condition or use of equipment on a 
vehicle
or governing the display of a municipal wheel tax 
license.

    (b) Any ordinance establishing a system of administrative 
adjudication
under this Section shall provide for:


        (1) A traffic compliance administrator authorized to

    adopt, distribute and
process parking, compliance, and 
    automated traffic law violation notices and other notices 
    required
by this
Section, collect money paid as fines and 
    penalties for violation of parking
and compliance

    ordinances and automated traffic law violations, and 
    operate an administrative adjudication system.  The traffic

    compliance
administrator also may make a certified report 
    to the Secretary of State
under Section 6-306.5.


        (2) A parking, standing, compliance, or automated 
    traffic law violation notice
that
shall specify the date,

    time, and place of violation of a parking, standing,

    compliance, or automated traffic law
regulation; the 
    particular regulation
violated; any requirement to 
    complete a traffic education program; the fine and any 
    penalty that may be assessed for late payment or failure to 
    complete a required traffic education program, or both,

    when so provided by ordinance; the vehicle make and state 
    registration
number; and the identification number of the

    person issuing the notice.
With regard to automated traffic 
    law violations, vehicle make shall be specified on the 
    automated traffic law violation notice if the make is 
    available and readily discernible. With regard to 
    municipalities with a population of 1 million or more, it

    shall be grounds for
dismissal of a parking
violation if 
    the state registration number or vehicle make specified is

    incorrect. The violation notice shall state that the 
    completion of any required traffic education program, the 
    payment of any indicated
fine, and the payment of any 
    applicable penalty for late payment or failure to complete 
    a required traffic education program, or both, shall 
    operate as a
final disposition of the violation.  The notice 
    also shall contain
information as to the availability of a 
    hearing in which the violation may
be contested on its 
    merits.  The violation notice shall specify the
time and 
    manner in which a hearing may be had.


        (3) Service of the parking, standing, or compliance

    violation notice by affixing the
original or a facsimile of 
    the notice to an unlawfully parked vehicle or by
handing 
    the notice to the operator of a vehicle if he or she is

    present and service of an automated traffic law violation 
    notice by mail to the
address
of the registered owner of 
    the cited vehicle as recorded with the Secretary of
State 
    within 30 days after the Secretary of State notifies the 
    municipality or county of the identity of the owner of the 
    vehicle, but in no event later than 90 days after the 
    violation.  A person authorized by ordinance to issue and 
    serve parking,
standing, and compliance
violation notices 
    shall certify as to the correctness of the facts entered
on 
    the violation notice by signing his or her name to the 
    notice at
the time of service or in the case of a notice 
    produced by a computerized
device, by signing a single 
    certificate to be kept by the traffic
compliance

    administrator attesting to the correctness of all notices 
    produced by the
device while it was under his or her 
    control.  In the case of an automated traffic law violation, 
    the ordinance shall
require
a
determination by a technician 
    employed or contracted by the municipality or county that,

    based on inspection of recorded images, the motor vehicle 
    was being operated in
violation of Section 11-208.6 or 
    11-1201.1 or a local ordinance.
If the technician 
    determines that the
vehicle entered the intersection as 
    part of a funeral procession or in order to
yield the 
    right-of-way to an emergency vehicle, a citation shall not 
    be issued. In municipalities with a population of less than 
    1,000,000 inhabitants and counties with a population of 
    less than 3,000,000 inhabitants, the automated traffic law 
    ordinance shall require that all determinations by a 
    technician that a motor vehicle was being operated in

    violation of Section 11-208.6 or 11-1201.1 or a local 
    ordinance must be reviewed and approved by a law 
    enforcement officer or retired law enforcement officer of 
    the municipality or county issuing the violation. In 
    municipalities with a population of 1,000,000 or more 
    inhabitants and counties with a population of 3,000,000 or 
    more inhabitants,  the automated traffic law ordinance 
    shall require that all determinations by a technician that 
    a motor vehicle was being operated in
violation of Section 
    11-208.6 or 11-1201.1 or a local ordinance must be reviewed 
    and approved by a law enforcement officer or retired law 
    enforcement officer of the municipality or county issuing 
    the violation or by an additional fully-trained reviewing 
    technician who is not employed by the contractor who 
    employs the technician who made the initial determination. 
    As used in this paragraph, "fully-trained reviewing 
    technician" means a person who has received at least 40 
    hours of supervised training in subjects which shall 
    include image inspection and interpretation, the elements 
    necessary to prove a violation, license plate 
    identification, and traffic safety and management. In all 
    municipalities and counties, the automated traffic law 
    ordinance shall require that no additional fee shall be 
    charged to the alleged violator for exercising his or her 
    right to an administrative hearing, and persons shall be 
    given at least 25 days following an administrative hearing 
    to pay any civil penalty imposed by a finding that Section 
    11-208.6 or 11-1201.1 or a similar local ordinance has been 
    violated. The original or a
facsimile of the violation 
    notice or, in the case of a notice produced by a

    computerized device, a printed record generated by the 
    device showing the facts
entered on the notice, shall be 
    retained by the
traffic compliance
administrator, and 
    shall be a record kept in the ordinary course of
business.  
    A parking, standing, compliance, or automated traffic law 
    violation notice issued,
signed and served in
accordance 
    with this Section, a copy of the notice, or the computer

    generated record shall be prima facie
correct and shall be 
    prima facie evidence of the correctness of the facts
shown 
    on the notice.  The notice, copy, or computer generated

    record shall be admissible in any
subsequent 
    administrative or legal proceedings.


        (4) An opportunity for a hearing for the registered 
    owner of the
vehicle cited in the parking, standing, 
    compliance, or automated traffic law violation notice in

    which the owner may
contest the merits of the alleged 
    violation, and during which formal or
technical rules of 
    evidence shall not apply; provided, however, that under

    Section 11-1306 of this Code the lessee of a vehicle cited 
    in the
violation notice likewise shall be provided an 
    opportunity for a hearing of
the same kind afforded the 
    registered owner.  The hearings shall be
recorded, and the 
    person conducting the hearing on behalf of the traffic

    compliance
administrator shall be empowered to administer 
    oaths and to secure by
subpoena both the attendance and 
    testimony of witnesses and the production
of relevant books 
    and papers.  Persons appearing at a hearing under this

    Section may be represented by counsel at their expense. The 
    ordinance may
also provide for internal administrative 
    review following the decision of
the hearing officer.


        (5) Service of additional notices, sent by first class 
    United States
mail, postage prepaid, to the address of the 
    registered owner of the cited
vehicle as recorded with the 
    Secretary of State or, if any notice to that address is 
    returned as undeliverable, to the last known address 
    recorded in a United States Post Office approved database,

    or, under Section 11-1306
of this Code, to the lessee of 
    the cited vehicle at the last address known
to the lessor 
    of the cited vehicle at the time of lease or, if any notice 
    to that address is returned as undeliverable, to the last 
    known address recorded in a United States Post Office 
    approved database.
 The service shall
be deemed complete as 
    of the date of deposit in the United States mail.
The 
    notices shall be in the following sequence and shall 
    include but not be
limited to the information specified 
    herein:


            (i) A second notice of parking, standing, or 
        compliance violation.  This notice shall specify the

        date and location of the violation cited in the 
        parking,
standing,
or compliance violation
notice, the 
        particular regulation violated, the vehicle
make and 
        state registration number, any requirement to complete 
        a traffic education program, the fine and any penalty 
        that may be
assessed for late payment or failure to 
        complete a traffic education program, or both, when so 
        provided by ordinance, the availability
of a hearing in 
        which the violation may be contested on its merits, and 
        the
time and manner in which the hearing may be had.  
        The notice of violation
shall also state that failure 
        to complete a required traffic education program, to 
        pay the indicated fine and any
applicable penalty, or 
        to appear at a hearing on the merits in the time and

        manner specified, will result in a final determination 
        of violation
liability for the cited violation in the 
        amount of the fine or penalty
indicated, and that, upon 
        the occurrence of a final determination of violation 
        liability for the failure, and the exhaustion of, or

        failure to exhaust, available administrative or 
        judicial procedures for
review, any incomplete traffic 
        education program or any unpaid fine or penalty, or 
        both, will constitute a debt due and owing
the 
        municipality.


            (ii) A notice of final determination of parking, 
        standing,
compliance, or automated traffic law 
        violation liability.
This notice shall be sent 
        following a final determination of parking,
standing, 
        compliance, or automated traffic law
violation 
        liability and the conclusion of judicial review 
        procedures taken
under this Section.  The notice shall 
        state that  the incomplete traffic education program or 
        the unpaid fine or
penalty, or both, is a debt due and 
        owing the municipality.  The notice shall contain

        warnings that failure to complete any required traffic 
        education program or to pay any fine or penalty due and 
        owing the
municipality, or both, within the time 
        specified may result in the municipality's
filing of a 
        petition in the Circuit Court to have the incomplete 
        traffic education program or unpaid
fine or penalty, or 
        both, rendered a judgment as provided by this Section, 
        or may
result in suspension of the person's drivers 
        license for failure to complete a traffic education 
        program or to pay
fines or penalties, or both, for 10 
        or more parking violations under Section 6-306.5 or 5 
        or more automated traffic law violations under Section 
        11-208.6. 


        (6) A notice of impending drivers license suspension.  
    This
notice shall be sent to the person liable for failure 
    to complete a required traffic education program or to pay 
    any fine or penalty that
remains due and owing, or both, on 
    10 or more parking
violations or 5 or more unpaid automated 
    traffic law violations.   The notice
shall state that failure 
    to complete a required traffic education program or to pay 
    the fine or penalty owing, or both, within 45 days of
the 
    notice's date will result in the municipality notifying the 
    Secretary
of State that the person is eligible for 
    initiation of suspension
proceedings under Section 6-306.5 
    of this Code. The notice shall also state
that the person 
    may obtain a photostatic copy of an original ticket 
    imposing a
fine or penalty by sending a self addressed, 
    stamped envelope to the
municipality along with a request 
    for the photostatic copy.
 The notice of impending
drivers 
    license suspension shall be sent by first class United 
    States mail,
postage prepaid, to the address recorded with 
    the Secretary of State or, if any notice to that address is 
    returned as undeliverable, to the last known address 
    recorded in a United States Post Office approved database. 


        (7) Final determinations of violation liability.  A 
    final
determination of violation liability shall occur 
    following failure to complete the required traffic 
    education program or
to pay the fine or penalty, or both, 
    after a hearing officer's determination of violation 
    liability and the exhaustion of or failure to exhaust any

    administrative review procedures provided by ordinance.  
    Where a person
fails to appear at a hearing to contest the 
    alleged violation in the time
and manner specified in a 
    prior mailed notice, the hearing officer's
determination 
    of violation liability shall become final:  (A) upon
denial 
    of a timely petition to set aside that determination, or 
    (B) upon
expiration of the period for filing the petition 
    without a
filing having been made.


        (8) A petition to set aside a determination of parking, 
    standing,
compliance, or automated traffic law violation

    liability that may be filed by a person owing an unpaid 
    fine or penalty. A petition to set aside a determination of 
    liability may also be filed by a person required to 
    complete a traffic education program.
The petition shall be 
    filed with and ruled upon by the traffic compliance

    administrator in the manner and within the time specified 
    by ordinance.
The grounds for the petition may be limited 
    to:  (A) the person not having
been the owner or lessee of 
    the cited vehicle on the date the
violation notice was 
    issued, (B) the person having already completed the 
    required traffic education program or paid the fine or

    penalty, or both, for the violation in question, and (C) 
    excusable failure to
appear at or
request a new date for a 
    hearing.
With regard to municipalities with a population of 
    1 million or more, it
shall be grounds for
dismissal of a

    parking violation if the state registration number, or 
    vehicle make if specified, is
incorrect. After the 
    determination of
parking, standing, compliance, or 
    automated traffic law violation liability has been set 
    aside
upon a showing of just
cause, the registered owner 
    shall be provided with a hearing on the merits
for that 
    violation.


        (9) Procedures for non-residents. Procedures by which 
    persons who are
not residents of the municipality may 
    contest the merits of the alleged
violation without 
    attending a hearing.


        (10) A schedule of civil fines for violations of 
    vehicular standing,
parking, compliance, or automated 
    traffic law regulations enacted by ordinance pursuant to 
    this
Section, and a
schedule of penalties for late payment 
    of the fines or failure to complete required traffic 
    education programs, provided, however,
that the total 
    amount of the fine and penalty for any one violation shall

    not exceed $250, except as provided in subsection (c) of 
    Section 11-1301.3 of this Code. 


        (11) Other provisions as are necessary and proper to 
    carry into
effect the powers granted and purposes stated in 
    this Section.

    (c) Any municipality establishing vehicular standing, 
parking,
 compliance, or automated traffic law
regulations 
under this Section may also provide by ordinance for a
program 
of vehicle immobilization for the purpose of facilitating

enforcement of those regulations.  The program of vehicle

immobilization shall provide for immobilizing any eligible 
vehicle upon the
public way by presence of a restraint in a 
manner to prevent operation of
the vehicle.  Any ordinance 
establishing a program of vehicle
immobilization under this 
Section shall provide:


        (1) Criteria for the designation of vehicles eligible 
    for
immobilization.  A vehicle shall be eligible for 
    immobilization when the
registered owner of the vehicle has 
    accumulated the number of incomplete traffic education 
    programs or unpaid final
determinations of parking, 
    standing, compliance, or automated traffic law violation 
    liability, or both, as
determined by ordinance.


        (2) A notice of impending vehicle immobilization and a 
    right to a
hearing to challenge the validity of the notice 
    by disproving liability
for  the incomplete traffic 
    education programs or unpaid final determinations of 
    parking, standing, compliance, or automated traffic law

    violation liability, or both, listed
on the notice.


        (3) The right to a prompt hearing after a vehicle has 
    been immobilized
or subsequently towed without the 
    completion of the required traffic education program or 
    payment of the outstanding fines and
penalties on parking, 
    standing, compliance, or automated traffic law violations, 
    or both, for which final
determinations have been
issued.   
    An order issued after the hearing is a final administrative

    decision within the meaning of Section 3-101 of the Code of 
    Civil Procedure.


        (4) A post immobilization and post-towing notice 
    advising the registered
owner of the vehicle of the right 
    to a hearing to challenge the validity
of the impoundment.

    (d) Judicial review of final determinations of parking, 
standing,
compliance, or automated traffic law
violations and 
final administrative decisions issued after hearings
regarding 
vehicle immobilization and impoundment made
under this Section 
shall be subject to the provisions of
the Administrative Review 
Law.

    (e) Any fine, penalty, incomplete traffic education 
program, or part of any fine or any penalty remaining
unpaid 
after the exhaustion of, or the failure to exhaust,  
administrative
remedies created under this Section and the 
conclusion of any judicial
review procedures shall be a debt 
due and owing the municipality and, as
such, may be collected 
in accordance with applicable law. Completion of any required 
traffic education program and payment in full
of any fine or 
penalty resulting from a standing, parking,
compliance, or 
automated traffic law violation shall
constitute a final 
disposition of that violation. 

    (f) After the expiration of the period within which 
judicial review may
be sought for a final determination of 
parking, standing, compliance, or automated traffic law

violation, the municipality
may commence a proceeding in the 
Circuit Court for purposes of obtaining a
judgment on the final 
determination of violation.  Nothing in this
Section shall 
prevent a municipality from consolidating multiple final

determinations of parking, standing, compliance, or automated 
traffic law violations against a
person in a proceeding.
Upon 
commencement of the action, the municipality shall file a 
certified
copy or record of the final determination of parking, 
standing, compliance, or automated traffic law
violation, 
which shall be
accompanied by a certification that recites 
facts sufficient to show that
the final determination of 
violation was
issued in accordance with this Section and the 
applicable municipal
ordinance.  Service of the summons and a 
copy of the petition may be by
any method provided by Section 
2-203 of the Code of Civil Procedure or by
certified mail, 
return receipt requested, provided that the total amount of

fines and penalties for final determinations of parking, 
standing,
compliance, or automated traffic law violations does 
not
exceed $2500.  If the court is satisfied that the final 
determination of
parking, standing, compliance, or automated 
traffic law violation was entered in accordance with
the 
requirements of
this Section and the applicable municipal 
ordinance, and that the registered
owner or the lessee, as the 
case may be, had an opportunity for an
administrative hearing 
and for judicial review as provided in this Section,
the court 
shall render judgment in favor of the municipality and against

the registered owner or the lessee for the amount indicated in 
the final
determination of parking, standing, compliance, or 
automated traffic law violation, plus costs.
The judgment shall 
have
the same effect and may be enforced in the same manner as 
other judgments
for the recovery of money.

    (g) The fee for participating in a traffic education 
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic 
education program under this Section who provides proof of 
eligibility for the federal earned income tax credit under 
Section 32 of the Internal Revenue Code or the Illinois earned 
income tax credit under Section 212 of the Illinois Income Tax 
Act shall not be required to pay any fee for participating in a 
required traffic education program. 
(Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; 
96-478, eff. 1-1-10; revised 9-4-09.)

 



    (625 ILCS 5/11-208.6)




    Sec. 11-208.6. Automated traffic law enforcement system.

    (a) As used in this Section, "automated traffic law 
enforcement
system" means a device with one or more motor 
vehicle sensors working
in conjunction with a red light signal 
to produce recorded images of
motor vehicles entering an 
intersection against a red signal
indication in violation of 
Section 11-306 of this Code or a similar provision
of a local 
ordinance.

    An
automated traffic law enforcement system is a system, in 
a municipality or
county operated by a
governmental agency, 
that
produces a recorded image of a motor vehicle's
violation 
of a provision of this Code or a local ordinance
and is 
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.

    (b) As used in this Section, "recorded images" means images

recorded by an automated traffic law enforcement system on:

        (1) 2 or more photographs;

        (2) 2 or more microphotographs;

        (3) 2 or more electronic images; or

        (4) a video recording showing the motor vehicle and, on 
    at
least one image or portion of the recording, clearly 
    identifying the
registration plate number of the motor 
    vehicle.

    (b-5) A municipality or
county that
produces a recorded 
image of a motor vehicle's
violation of a provision of this 
Code or a local ordinance must make the recorded images of a 
violation accessible to the alleged violator by providing the 
alleged violator with a website address, accessible through the 
Internet. 
    (c) A county or municipality, including a home rule county 
or municipality, may not use an automated traffic law 
enforcement system to provide recorded images of a motor 
vehicle for the purpose of recording its speed. The regulation 
of the use of automated traffic law enforcement systems to 
record vehicle speeds is an exclusive power and function of the 
State. This subsection (c) is a denial and limitation of home 
rule powers and functions under subsection (h) of Section 6 of 
Article VII of the Illinois Constitution.

    (c-5) A county or municipality, including a home rule 
county or municipality, may not use an automated traffic law 
enforcement system to issue violations in instances where the 
motor vehicle comes to a complete stop and does not enter the 
intersection, as defined by Section 1-132 of this Code, during 
the cycle of the red signal indication unless one or more 
pedestrians or bicyclists are present, even if the motor 
vehicle stops at a point past a stop line or crosswalk where a 
driver is required to stop, as specified in subsection (c) of 
Section 11-306 of this Code or a similar provision of a local 
ordinance. 
    (d) For each violation of a provision of this Code or a 
local ordinance
recorded by an automatic
traffic law 
enforcement system, the county or municipality having

jurisdiction 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 municipality or county 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 a red light signal;

        (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 and may result in a suspension of the driving

    privileges of the registered owner of the vehicle; and

        (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. 
    (e) If a person
charged with a traffic violation, as a 
result of an automated traffic law
enforcement system, does not 
pay the fine or complete a required traffic education program, 
or both, or successfully contest the civil
penalty resulting 
from that violation, the Secretary of State shall suspend the

driving privileges of the
registered owner of the vehicle under 
Section 6-306.5 of this Code for failing
to complete a required 
traffic education program or to pay any fine or penalty
due and 
owing, or both, as a result of 5 violations of the automated 
traffic law
enforcement system.

    (f) Based on inspection of recorded images produced by an

automated traffic law enforcement system, a notice alleging 
that the violation occurred shall be evidence of the facts 
contained
in the notice and admissible in any proceeding 
alleging a
violation under this Section.

    (g) Recorded images made by an automatic traffic law

enforcement system are confidential and shall be made
available 
only to the alleged violator and governmental and
law 
enforcement agencies for purposes of adjudicating a
violation 
of this Section, for statistical purposes, or for other 
governmental purposes. Any recorded image evidencing a

violation of this Section, however, may be admissible in
any 
proceeding resulting from the issuance of the citation.

    (h) The court or hearing officer may consider in defense of 
a violation:

        (1) that the motor vehicle or registration plates of 
    the motor
vehicle were stolen before the violation occurred 
    and not
under the control of or in the possession of the 
    owner at
the time of the violation;

        (2) that the driver of the vehicle passed through the

    intersection when the light was red either (i) in order to

    yield the right-of-way to an emergency vehicle or (ii) as

    part of a funeral procession; and

        (3) any other evidence or issues provided by municipal 
    or county ordinance.

    (i) To demonstrate that the motor vehicle or the 
registration
plates were stolen before the violation occurred 
and were not under the
control or possession of the owner at 
the time of the violation, the
owner must submit proof that a 
report concerning the stolen
motor vehicle or registration 
plates was filed with a law enforcement agency in a timely 
manner.

    (j) Unless the driver of the motor vehicle received a 
Uniform
Traffic Citation from a police officer at the time of 
the violation,
the motor vehicle owner is subject to a civil 
penalty not exceeding
$100 or the completion of a traffic 
education program, or both, plus an additional penalty of not 
more than $100 for failure to pay the original penalty or to 
complete a required traffic education program, or both, in a 
timely manner, if the motor vehicle is recorded by an automated 
traffic law
enforcement system. A violation for which a civil 
penalty is imposed
under this Section is not a violation of a 
traffic regulation governing
the movement of vehicles and may 
not be recorded on the driving record
of the owner of the 
vehicle.

    (j-3) A registered owner who is a holder of a valid 
commercial driver's license is not required to complete  a 
traffic education program. 
    (j-5) For purposes of the required traffic education 
program only, a registered owner may submit an affidavit to the 
court or hearing officer swearing that at the time of the 
alleged violation, the vehicle was in the custody and control 
of another person. The affidavit must identify the person in 
custody and control of the vehicle, including the person's name 
and current address. The person in custody and control of the 
vehicle at the time of the violation is required to complete 
the required traffic education program. If the person in 
custody and control of the vehicle at the time of the violation 
completes the required traffic education program, the 
registered owner of the vehicle is not required to complete a 
traffic education program. 
    (k) An intersection equipped with an automated traffic law

enforcement system must be posted with a sign visible to 
approaching traffic
indicating that the intersection is being 
monitored by an automated
traffic law enforcement system.
    (k-3) A municipality or
county that has one or more 
intersections equipped with an automated traffic law

enforcement system must provide notice to drivers by posting 
the locations of automated traffic law systems on the 
municipality or county website. 

    (k-5) An intersection equipped with an automated traffic 
law
enforcement system must have a yellow change interval that 
conforms with the Illinois Manual on Uniform Traffic Control 
Devices (IMUTCD) published by the Illinois Department of 
Transportation. 
    (k-7) A municipality or county operating an automated 
traffic law enforcement system shall conduct a statistical 
analysis to assess the safety impact of each automated traffic 
law enforcement system at an intersection following 
installation of the system.  The statistical analysis shall be 
based upon the best available crash, traffic, and other data, 
and shall cover a period of time before and after installation 
of the system sufficient to provide a statistically valid 
comparison of safety impact.  The statistical analysis shall be 
consistent with professional judgment and acceptable industry 
practice.  The statistical analysis also shall be consistent 
with the data required for valid comparisons of before and 
after conditions and shall be conducted within a reasonable 
period following the installation of the automated traffic law 
enforcement system.  The statistical analysis required by this 
subsection (k-7) shall be made available to the public and 
shall be published on the website of the municipality or 
county. If the statistical analysis for the 36 month period 
following installation of the system indicates that there has 
been an increase in the rate of accidents at the approach to 
the intersection monitored by the system, the municipality or 
county shall undertake additional studies to determine the 
cause and severity of the accidents, and may take any action 
that it determines is necessary or appropriate to reduce the 
number or severity of the accidents at that intersection.
    (l) The compensation paid for an automated traffic law 
enforcement system
must be based on the value of the equipment 
or the services provided and may
not be based on the number of 
traffic citations issued or the revenue generated
by the 
system.

    (m) This Section applies only to the counties of Cook, 
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and 
to municipalities located within those counties.

    (n) The fee for participating in a traffic education 
program under this Section shall not exceed $25.
    A low-income individual required to complete a traffic 
education program under this Section who provides proof of 
eligibility for the federal earned income tax credit under 
Section 32 of the Internal Revenue Code or the Illinois earned 
income tax credit under Section 212 of the Illinois Income Tax 
Act shall not be required to pay any fee for participating in a 
required traffic education program. 
    (o) A municipality or county shall make a certified report 
to the Secretary of State pursuant to Section 6-306.5 of this 
Code whenever a registered owner of a vehicle has failed to pay 
any
fine or penalty due and owing as a result of 5 offenses for 
automated traffic
law violations. 
(Source: P.A. 96-288, eff. 8-11-09.)
  



Effective Date:  1/1/2011