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Public Act 102-0846
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| SB3629 Enrolled | LRB102 23455 RAM 32629 b |
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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 1. Short title. This Act may be cited as the Tow |
Notice Act.
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Section 5. Private parking agreements; removal of vehicles |
at property owner's request. |
(a) As used in this Section, "personal notice" means the |
owner or other person in lawful possession or control of real |
property, or his or her authorized agent, making all |
reasonable efforts to provide a vehicle owner or other legally |
authorized person in control of the vehicle notice prior to |
removal of the vehicle. "Personal notice" includes, at a |
minimum, the following: |
(1) a telephone call or text message or email sent to |
the vehicle owner or other legally authorized person in |
control of the vehicle at the vehicle owner's most |
recently available contact information or contact |
information included in the written agreement; and |
(2) a response from the vehicle owner or other legally |
authorized person in control of the vehicle indicating |
receipt of the notice or other proof of receipt indicating |
that the vehicle owner or other legally authorized person |
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in control of the vehicle received the notice. |
(b) If a vehicle owner or other legally authorized person |
in control of the vehicle has a written agreement with a |
property owner or other person in lawful possession or control |
of the property, or his or her authorized agent, permitting |
the vehicle to be parked on the property, the property owner or |
other person in lawful possession or control of the property, |
or his or her authorized agent, prior to requesting that a |
commercial vehicle relocator remove the vehicle from the |
property, shall give personal notice to the owner or other |
legally authorized person in control of the vehicle that the |
vehicle is subject to being towed. Personal notice must be |
provided at least 3 hours prior to the removal of the vehicle. |
This Section applies to a relocation performed pursuant to a |
specific request to remove the vehicle from a property owner |
or other person in lawful possession or control of the |
property, or his or her authorized agent. |
(c) A vehicle owner or other legally authorized person in |
control of the vehicle who is aggrieved by a violation of this |
Section may commence a civil action in the appropriate circuit |
court not later than 2 years after the date of the vehicle |
relocation and may recover from the property owner or other |
person in possession or control of the property, or his or her |
authorized agent, damages resulting from the violation, |
including, but not limited to: towing charges and storage |
charges accrued in connection with the relocated vehicle; loss |
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of the vehicle; and costs and attorney's fees. |
(d) This Act applies only to vehicles that are operable. |
(e) This Act does not create liability for an owner or |
other person in lawful possession or control of real property, |
or his or her authorized agent, who moves a vehicle covered |
under this Act as required to respond to an emergency or for |
maintenance of the property, if the vehicle is returned to the |
property upon resolution of the emergency or completion of the |
maintenance project at the expense of the owner or other |
person in lawful possession or control of real property, or |
his or her authorized agent.
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