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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 Illinois State |
Police in the form and manner prescribed by the Illinois |
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 Illinois State |
Police and Federal Bureau of Investigation criminal |
history records databases. The Illinois 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 |
Illinois State Police shall furnish, pursuant to positive |
identification, all Illinois conviction information to the |
law enforcement agency maintaining the tow rotation list |
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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 |
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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 |
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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 |
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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) (Blank). Nothing contained in this Section shall apply |