Bill Text: IL HB0758 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Highway Code. Makes a technical change in a Section concerning a county board's use of tax moneys.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB0758 Detail]
Download: Illinois-2013-HB0758-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 758
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 758 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 4-201, 4-203, 4-204, 4-205, 4-207, 4-208, | ||||||
6 | 4-209.1, 4-209.2, 4-212, 4-212.1, 4-214, and 4-215 and by | ||||||
7 | adding Sections 4-203.1, 4-203.2, and 4-209.3 as follows:
| ||||||
8 | (625 ILCS 5/4-201) (from Ch. 95 1/2, par. 4-201)
| ||||||
9 | Sec. 4-201. Abandonment of vehicles prohibited.
| ||||||
10 | (a) The abandonment of a
vehicle or any part thereof on any | ||||||
11 | highway in this State is unlawful and
subject to penalties as | ||||||
12 | set forth under Penalty Section 4-214 of this Code Chapter .
| ||||||
13 | (b) The abandonment of a vehicle or any part thereof on | ||||||
14 | private or
public property, other than a highway, in view of | ||||||
15 | the general public,
anywhere in this State is unlawful except | ||||||
16 | on property of the owner or
bailee of the such abandoned |
| |||||||
| |||||||
1 | vehicle. A vehicle or any part thereof so
abandoned on private | ||||||
2 | property shall be authorized for removal, by a law
enforcement | ||||||
3 | agency having jurisdiction, after a waiting period of 7 days
or | ||||||
4 | more, or may be removed immediately if determined to be a | ||||||
5 | hazardous
dilapidated motor vehicle under Section 11-40-3.1 of | ||||||
6 | the Illinois Municipal
Code. A violation of subsections (a) or | ||||||
7 | (b) of this Section is subject to
penalties as set forth
under | ||||||
8 | Section 4-214 of this Code. Chapter.
| ||||||
9 | (c) (Blank). A towing service may begin to process an | ||||||
10 | unclaimed vehicle as
abandoned by requesting a record search by | ||||||
11 | the Secretary of State up to 10 days
after the date of the tow, | ||||||
12 | or any later date acceptable to the Secretary of
State. This | ||||||
13 | subsection (c) shall not apply to
vehicles towed by order or | ||||||
14 | authorization of a law enforcement agency.
| ||||||
15 | (Source: P.A. 90-330, eff. 8-8-97.)
| ||||||
16 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| ||||||
17 | Sec. 4-203. Removal of abandoned or unattended motor | ||||||
18 | vehicles or other vehicles on public roadways ; Towing or
| ||||||
19 | hauling away.
| ||||||
20 | (a) When a vehicle is abandoned, or left unattended, on a | ||||||
21 | toll
highway, interstate highway, or expressway for 2 hours or | ||||||
22 | more, its
removal by a towing service may be authorized by a | ||||||
23 | law enforcement
agency having jurisdiction.
| ||||||
24 | (b) (Blank). When a vehicle is abandoned on a highway in an | ||||||
25 | urban district 10
hours or more, its removal by a towing |
| |||||||
| |||||||
1 | service may be authorized by a
law enforcement agency having | ||||||
2 | jurisdiction.
| ||||||
3 | (c) When a vehicle is abandoned or left unattended on a | ||||||
4 | highway
other than a toll highway, interstate highway, or | ||||||
5 | expressway, outside of
an urban district for 24 hours or more, | ||||||
6 | its removal by a towing service
may be authorized by a law | ||||||
7 | enforcement agency having jurisdiction.
| ||||||
8 | (d) When an abandoned, unattended, wrecked, burned or | ||||||
9 | partially
dismantled vehicle is creating a traffic hazard | ||||||
10 | because of its position
in relation to the highway or its | ||||||
11 | physical appearance is causing the
impeding of traffic, its | ||||||
12 | immediate removal from the highway or private
property adjacent | ||||||
13 | to the highway by a towing service may be authorized
by a law | ||||||
14 | enforcement agency having jurisdiction.
| ||||||
15 | (e) (Blank). Whenever a
peace officer reasonably believes | ||||||
16 | that a person under
arrest for a violation of Section 11-501 of | ||||||
17 | this Code or a similar
provision of a local ordinance is | ||||||
18 | likely, upon release, to commit a
subsequent violation of | ||||||
19 | Section 11-501, or a similar provision of a local
ordinance, | ||||||
20 | the arresting officer shall have the vehicle which the person
| ||||||
21 | was operating at the time of the arrest impounded for a period | ||||||
22 | of not more
than 12 hours after the time of arrest. However, | ||||||
23 | such vehicle may be
released by the arresting law enforcement | ||||||
24 | agency prior to the end of the
impoundment period if:
| ||||||
25 | (1) the vehicle was not owned by the person under | ||||||
26 | arrest, and the lawful
owner requesting such release |
| |||||||
| |||||||
1 | possesses a valid operator's license, proof
of ownership, | ||||||
2 | and would not, as determined by the arresting law | ||||||
3 | enforcement
agency, indicate a lack of ability to operate a | ||||||
4 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
5 | operating such motor vehicle, be in
violation of this Code; | ||||||
6 | or
| ||||||
7 | (2) the vehicle is owned by the person under arrest, | ||||||
8 | and the person
under arrest gives permission to another | ||||||
9 | person to operate such vehicle,
provided however, that the | ||||||
10 | other person possesses a valid operator's license
and would | ||||||
11 | not, as determined by the arresting law enforcement
agency, | ||||||
12 | indicate a lack of ability to operate a motor vehicle in a | ||||||
13 | safe
manner or who would otherwise, by operating such motor | ||||||
14 | vehicle, be in
violation of this Code.
| ||||||
15 | (e-5) (Blank). Whenever a registered owner of a vehicle is | ||||||
16 | taken into custody for
operating the vehicle in violation of | ||||||
17 | Section 11-501 of this Code or a similar
provision of a local | ||||||
18 | ordinance or Section 6-303 of this Code, a
law enforcement | ||||||
19 | officer
may have the vehicle immediately impounded for a period | ||||||
20 | not less than:
| ||||||
21 | (1) 24 hours for a second violation of Section 11-501 | ||||||
22 | of this Code or a
similar provision of a local ordinance or | ||||||
23 | Section 6-303
of
this Code or a combination of these | ||||||
24 | offenses; or
| ||||||
25 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
26 | this Code or a
similar provision of a local ordinance or |
| |||||||
| |||||||
1 | Section 6-303 of this
Code or a combination of these | ||||||
2 | offenses.
| ||||||
3 | The vehicle may be released sooner if the vehicle is owned | ||||||
4 | by the person
under arrest and the person under arrest gives | ||||||
5 | permission to another person to
operate the vehicle and that | ||||||
6 | other person possesses a valid operator's license
and would | ||||||
7 | not, as determined by the arresting law enforcement agency, | ||||||
8 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
9 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
10 | in violation of this Code.
| ||||||
11 | (f) (Blank). Except as provided in Chapter 18a of this | ||||||
12 | Code, the owner or
lessor of privately owned real property | ||||||
13 | within this State, or any person
authorized by such owner or | ||||||
14 | lessor, or any law enforcement agency in the
case of publicly | ||||||
15 | owned real property may cause any motor vehicle abandoned
or | ||||||
16 | left unattended upon such property without permission to be | ||||||
17 | removed by a
towing service without liability for the costs of | ||||||
18 | removal, transportation
or storage or damage caused by such | ||||||
19 | removal, transportation or storage.
The towing or removal of | ||||||
20 | any vehicle from private property without the
consent of the | ||||||
21 | registered owner or other legally authorized person in
control | ||||||
22 | of the vehicle is subject to compliance with the following
| ||||||
23 | conditions and restrictions:
| ||||||
24 | 1. Any towed or removed vehicle must be stored at the | ||||||
25 | site of the towing
service's place of business. The site | ||||||
26 | must be open during business hours,
and for the purpose of |
| |||||||
| |||||||
1 | redemption of vehicles, during the time that the
person or | ||||||
2 | firm towing such vehicle is open for towing purposes.
| ||||||
3 | 2. The towing service shall within 30 minutes of | ||||||
4 | completion of such
towing or removal, notify the law | ||||||
5 | enforcement agency having jurisdiction of
such towing or | ||||||
6 | removal, and the make, model, color and license plate | ||||||
7 | number
of the vehicle, and shall obtain and record the name | ||||||
8 | of the person at the law
enforcement agency to whom such | ||||||
9 | information was reported.
| ||||||
10 | 3. If the registered owner or legally authorized person | ||||||
11 | entitled to
possession of the vehicle shall arrive at the | ||||||
12 | scene prior to actual removal
or towing of the vehicle, the | ||||||
13 | vehicle shall be disconnected from the tow
truck and that | ||||||
14 | person shall be allowed to remove the vehicle without
| ||||||
15 | interference, upon the payment of a reasonable service fee | ||||||
16 | of not more than
one half the posted rate of the towing | ||||||
17 | service as provided in paragraph
6 of this subsection, for | ||||||
18 | which a receipt shall be given.
| ||||||
19 | 4. The rebate or payment of money or any other valuable | ||||||
20 | consideration
from the towing service or its owners, | ||||||
21 | managers or employees to the owners
or operators of the | ||||||
22 | premises from which the vehicles are towed or removed,
for | ||||||
23 | the privilege of removing or towing those vehicles, is | ||||||
24 | prohibited. Any
individual who violates this paragraph | ||||||
25 | shall be guilty of a Class A
misdemeanor.
| ||||||
26 | 5. Except for property appurtenant to and obviously a |
| |||||||
| |||||||
1 | part of a single
family residence, and except for instances | ||||||
2 | where notice is personally given
to the owner or other | ||||||
3 | legally authorized person in control of the vehicle
that | ||||||
4 | the area in which that vehicle is parked is reserved or | ||||||
5 | otherwise
unavailable to unauthorized vehicles and they | ||||||
6 | are subject to being removed
at the owner or operator's | ||||||
7 | expense, any property owner or lessor, prior to
towing or | ||||||
8 | removing any vehicle from private property without the | ||||||
9 | consent of
the owner or other legally authorized person in | ||||||
10 | control of that vehicle,
must post a notice meeting the | ||||||
11 | following requirements:
| ||||||
12 | a. Except as otherwise provided in subparagraph | ||||||
13 | a.1 of this subdivision (f)5, the notice must be | ||||||
14 | prominently placed at each driveway access or curb
cut | ||||||
15 | allowing vehicular access to the property within 5 feet | ||||||
16 | from the public
right-of-way line. If there are no | ||||||
17 | curbs or access barriers, the sign must
be posted not | ||||||
18 | less than one sign each 100 feet of lot frontage.
| ||||||
19 | a.1. In a municipality with a population of less | ||||||
20 | than 250,000, as an alternative to the requirement of | ||||||
21 | subparagraph a of this subdivision (f)5, the notice for | ||||||
22 | a parking lot contained within property used solely for | ||||||
23 | a 2-family, 3-family, or 4-family residence may be | ||||||
24 | prominently placed at the perimeter of the parking lot, | ||||||
25 | in a position where the notice is visible to the | ||||||
26 | occupants of vehicles entering the lot.
|
| |||||||
| |||||||
1 | b. The notice must indicate clearly, in not less | ||||||
2 | than 2 inch high
light-reflective letters on a | ||||||
3 | contrasting background, that unauthorized
vehicles | ||||||
4 | will be towed away at the owner's expense.
| ||||||
5 | c. The notice must also provide the name and | ||||||
6 | current telephone
number of the towing service towing | ||||||
7 | or removing the vehicle.
| ||||||
8 | d. The sign structure containing the required | ||||||
9 | notices must be
permanently installed with the bottom | ||||||
10 | of the sign not less than 4 feet
above ground level, | ||||||
11 | and must be continuously maintained on the property for
| ||||||
12 | not less than 24 hours prior to the towing or removing | ||||||
13 | of any vehicle.
| ||||||
14 | 6. Any towing service that tows or removes vehicles and | ||||||
15 | proposes to
require the owner, operator, or person in | ||||||
16 | control of the vehicle to pay the
costs of towing and | ||||||
17 | storage prior to redemption of the vehicle must file
and | ||||||
18 | keep on record with the local law enforcement agency a | ||||||
19 | complete copy of
the current rates to be charged for such | ||||||
20 | services, and post at the storage
site an identical rate | ||||||
21 | schedule and any written contracts with property
owners, | ||||||
22 | lessors, or persons in control of property which authorize | ||||||
23 | them to
remove vehicles as provided in this Section.
The | ||||||
24 | towing and storage charges, however, shall not exceed the | ||||||
25 | maximum allowed by the Illinois Commerce Commission under | ||||||
26 | Section 18a-200.
|
| |||||||
| |||||||
1 | 7. No person shall engage in the removal of vehicles | ||||||
2 | from private
property as described in this Section without | ||||||
3 | filing a notice of intent
in each community where he | ||||||
4 | intends to do such removal, and such
notice shall be filed | ||||||
5 | at least 7 days before commencing such towing.
| ||||||
6 | 8. No removal of a vehicle from private property shall | ||||||
7 | be done except
upon express written instructions of the | ||||||
8 | owners or persons in charge of the
private property upon | ||||||
9 | which the vehicle is said to be trespassing.
| ||||||
10 | 9. Vehicle entry for the purpose of removal shall be | ||||||
11 | allowed with
reasonable care on the part of the person or | ||||||
12 | firm towing the vehicle. Such
person or firm shall be | ||||||
13 | liable for any damages occasioned to the vehicle if
such | ||||||
14 | entry is not in accordance with the standards of reasonable | ||||||
15 | care.
| ||||||
16 | 10. When a vehicle has been towed or removed pursuant | ||||||
17 | to this Section,
it must be released to its owner or | ||||||
18 | custodian within one half hour after
requested, if such | ||||||
19 | request is made during business hours. Any vehicle owner
or | ||||||
20 | custodian or agent shall have the right to inspect the | ||||||
21 | vehicle before
accepting its return, and no release or | ||||||
22 | waiver of any kind which would
release the towing service | ||||||
23 | from liability for damages incurred during the
towing and | ||||||
24 | storage may be required from any vehicle owner or other | ||||||
25 | legally
authorized person as a condition of release of the | ||||||
26 | vehicle. A detailed,
signed receipt showing the legal name |
| |||||||
| |||||||
1 | of the towing service must be given
to the person paying | ||||||
2 | towing or storage charges at the time of payment,
whether | ||||||
3 | requested or not.
| ||||||
4 | This Section shall not apply to law enforcement, | ||||||
5 | firefighting, rescue,
ambulance, or other emergency vehicles | ||||||
6 | which are marked as such or to
property owned by any | ||||||
7 | governmental entity.
| ||||||
8 | When an authorized person improperly causes a motor vehicle | ||||||
9 | to be
removed, such person shall be liable to the owner or | ||||||
10 | lessee of the vehicle
for the cost or removal, transportation | ||||||
11 | and storage, any damages resulting
from the removal, | ||||||
12 | transportation and storage, attorney's fee and court costs.
| ||||||
13 | Any towing or storage charges accrued shall be payable by | ||||||
14 | the use of any
major credit card, in addition to being payable | ||||||
15 | in cash.
| ||||||
16 | 11. Towing companies shall also provide insurance | ||||||
17 | coverage for areas
where vehicles towed under the | ||||||
18 | provisions of this Chapter will be impounded
or otherwise | ||||||
19 | stored, and shall adequately cover loss by fire, theft or
| ||||||
20 | other risks.
| ||||||
21 | Any person who fails to comply with the conditions and | ||||||
22 | restrictions of
this subsection shall be guilty of a Class C | ||||||
23 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
24 | $500.
| ||||||
25 | (g) (Blank). (1) When a vehicle is determined to be a | ||||||
26 | hazardous dilapidated
motor
vehicle pursuant to Section |
| |||||||
| |||||||
1 | 11-40-3.1 of the Illinois Municipal Code or Section 5-12002.1 | ||||||
2 | of the Counties Code, its
removal and impoundment by a towing | ||||||
3 | service may be authorized by a law
enforcement agency with | ||||||
4 | appropriate jurisdiction.
| ||||||
5 | (2) When a vehicle removal from either public or private | ||||||
6 | property is
authorized by a law enforcement agency, the owner | ||||||
7 | of the vehicle shall be
responsible for all towing and storage | ||||||
8 | charges.
| ||||||
9 | (3) Vehicles removed from public or private property and
| ||||||
10 | stored by a commercial vehicle relocator or any other towing | ||||||
11 | service authorized by a law enforcement agency in
compliance | ||||||
12 | with this Section and Sections 4-201 and 4-202
of this Code, or | ||||||
13 | at the request of the vehicle owner or operator,
shall
be | ||||||
14 | subject to a possessor lien for services
pursuant to the Labor | ||||||
15 | and Storage Lien (Small Amount) Act. The provisions of Section | ||||||
16 | 1 of that Act relating to notice
and implied consent shall be | ||||||
17 | deemed satisfied by compliance with Section
18a-302 and | ||||||
18 | subsection (6) of Section 18a-300. In no event shall such lien
| ||||||
19 | be greater than the rate or rates established in accordance | ||||||
20 | with subsection
(6) of Section 18a-200 of this Code. In no | ||||||
21 | event shall such lien be
increased or altered to reflect any | ||||||
22 | charge for services or materials
rendered in addition to those | ||||||
23 | authorized by this Act. Every such lien
shall be payable by use | ||||||
24 | of any major credit card, in addition to being
payable in cash.
| ||||||
25 | (4) Any personal property belonging to the vehicle owner in | ||||||
26 | a vehicle subject to a lien under this
subsection
(g) shall |
| |||||||
| |||||||
1 | likewise be subject to that lien, excepting only:
child | ||||||
2 | restraint systems as defined in Section 4 of the Child | ||||||
3 | Passenger Protection Act and other child booster seats; | ||||||
4 | eyeglasses; food; medicine; perishable property; any | ||||||
5 | operator's licenses; any cash, credit
cards, or checks or | ||||||
6 | checkbooks; any wallet, purse, or other property
containing any | ||||||
7 | operator's license or other identifying documents or | ||||||
8 | materials,
cash, credit cards, checks, or checkbooks; and any | ||||||
9 | personal property belonging to a person other than the vehicle | ||||||
10 | owner if that person provides adequate proof that the personal | ||||||
11 | property belongs to that person. The spouse, child, mother, | ||||||
12 | father, brother, or sister of the vehicle owner may claim | ||||||
13 | personal property excepted under this paragraph (4) if the | ||||||
14 | person claiming the personal property provides the commercial | ||||||
15 | vehicle relocator or towing service with the authorization of | ||||||
16 | the vehicle owner. | ||||||
17 | (5) This paragraph (5) applies only in the case of a | ||||||
18 | vehicle that is towed as a result of being involved in an | ||||||
19 | accident. In addition to the personal property excepted under | ||||||
20 | paragraph (4), all other personal property in a vehicle subject | ||||||
21 | to a lien under this subsection (g) is exempt from that lien | ||||||
22 | and may be claimed by the vehicle owner if the vehicle owner | ||||||
23 | provides the commercial vehicle relocator or towing service | ||||||
24 | with proof that the vehicle owner has an insurance policy | ||||||
25 | covering towing and storage fees. The spouse, child, mother, | ||||||
26 | father, brother, or sister of the vehicle owner may claim |
| |||||||
| |||||||
1 | personal property in a vehicle subject to a lien under this | ||||||
2 | subsection (g) if the person claiming the personal property | ||||||
3 | provides the commercial vehicle relocator or towing service | ||||||
4 | with the authorization of the vehicle owner and proof that the | ||||||
5 | vehicle owner has an insurance policy covering towing and | ||||||
6 | storage fees. The regulation of liens on personal property and | ||||||
7 | exceptions to those liens in the case of vehicles towed as a | ||||||
8 | result of being involved in an accident are
exclusive powers | ||||||
9 | and functions of the State. A home
rule unit may not regulate | ||||||
10 | liens on personal property and exceptions to those liens in the | ||||||
11 | case of vehicles towed as a result of being involved in an | ||||||
12 | accident. This paragraph (5) is a denial and
limitation of home | ||||||
13 | rule powers and functions under
subsection (h) of Section 6 of | ||||||
14 | Article VII of the
Illinois Constitution. | ||||||
15 | (6) No lien under this subsection (g) shall:
exceed $2,000 | ||||||
16 | in its total amount; or
be increased or altered to reflect any | ||||||
17 | charge for services or
materials rendered in addition to those | ||||||
18 | authorized by this Act.
| ||||||
19 | (h) (Blank). Whenever a peace officer issues a citation to | ||||||
20 | a driver for a violation of subsection (a) of Section 11-506 of | ||||||
21 | this Code, the arresting officer may have the vehicle which the | ||||||
22 | person was operating at the time of the arrest impounded for a | ||||||
23 | period of 5 days after the time of arrest.
An impounding agency | ||||||
24 | shall release a motor vehicle impounded under this subsection | ||||||
25 | (h) to the registered owner of the vehicle under any of the | ||||||
26 | following circumstances: |
| |||||||
| |||||||
1 | (1) If the vehicle is a stolen vehicle; or | ||||||
2 | (2) If the person ticketed for a violation of | ||||||
3 | subsection (a) of Section 11-506 of this Code was not | ||||||
4 | authorized by the registered owner of the vehicle to | ||||||
5 | operate the vehicle at the time of the violation; or | ||||||
6 | (3) If the registered owner of the vehicle was neither | ||||||
7 | the driver nor a passenger in the vehicle at the time of | ||||||
8 | the violation or was unaware that the driver was using the | ||||||
9 | vehicle to engage in street racing; or | ||||||
10 | (4) If the legal owner or registered owner of the | ||||||
11 | vehicle is a rental car agency; or | ||||||
12 | (5) If, prior to the expiration of the impoundment | ||||||
13 | period specified above, the citation is dismissed or the | ||||||
14 | defendant is found not guilty of the offense.
| ||||||
15 | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | ||||||
16 | 97-779, eff. 7-13-12.)
| ||||||
17 | (625 ILCS 5/4-203.1 new) | ||||||
18 | Sec. 4-203.1. Removal of Abandoned or Unattended Vehicles | ||||||
19 | on Private Property. | ||||||
20 | (a) Towing of vehicles from residential private property; | ||||||
21 | no notice posted. Except as provided in Chapter 18a of this | ||||||
22 | Code, the owner or lessor of privately owned residential real | ||||||
23 | property within this State, or any person authorized by the | ||||||
24 | owner or lessor, may cause any motor vehicle abandoned or left | ||||||
25 | unattended upon that property without permission to be removed |
| |||||||
| |||||||
1 | by a towing service without liability for the costs of removal, | ||||||
2 | transportation or storage or damage caused by the removal, | ||||||
3 | transportation or storage. | ||||||
4 | The towing service shall keep the towed vehicle and its | ||||||
5 | contents and maintain a record of the tow as required under | ||||||
6 | Section 4-204 of this Code for law enforcement agencies until | ||||||
7 | the vehicle is claimed by the owner or any other person legally | ||||||
8 | entitled to its possession or until it is disposed of as | ||||||
9 | provided in this Chapter. | ||||||
10 | The towing or removal of any vehicle from residential | ||||||
11 | private property without the consent of the registered owner or | ||||||
12 | other legally authorized person in control of the vehicle is | ||||||
13 | subject to compliance with the following provisions: | ||||||
14 | (1) any towed or removed vehicle must be stored at the | ||||||
15 | site of the towing service's place of business. The site | ||||||
16 | must be open during business hours, and for the purpose of | ||||||
17 | redemption of vehicles, during the time that the person or | ||||||
18 | firm towing the vehicle is open for towing purposes; | ||||||
19 | (2) the towing service shall, within 30 minutes of | ||||||
20 | completion of the towing or removal, notify the law | ||||||
21 | enforcement agency having jurisdiction over the towing or | ||||||
22 | removal, of the make, model, color, and license plate | ||||||
23 | number of the vehicle, and shall obtain and record the name | ||||||
24 | of the person at the law enforcement agency to whom the | ||||||
25 | information was reported; | ||||||
26 | (3) if the registered owner or legally authorized |
| |||||||
| |||||||
1 | person entitled to possession of the vehicle arrives at the | ||||||
2 | scene prior to removal or towing of the vehicle, the | ||||||
3 | vehicle shall be disconnected from the tow truck and that | ||||||
4 | person shall be allowed to remove the vehicle without | ||||||
5 | interference upon the payment of a reasonable service fee | ||||||
6 | of not more than one-half the rate of the towing service | ||||||
7 | posted with local law enforcement as required by subsection | ||||||
8 | (c) of this Section, for which a receipt shall be given; | ||||||
9 | and | ||||||
10 | (4) the rebate or payment of money or any other | ||||||
11 | valuable consideration from the towing service or its | ||||||
12 | owners, managers, or employees to the owners or operators | ||||||
13 | of the premises from which the vehicles are towed or | ||||||
14 | removed, for the privilege of removing or towing those | ||||||
15 | vehicles, is prohibited. Any person who violates this | ||||||
16 | paragraph shall be guilty of a Class A misdemeanor. | ||||||
17 | (b) Towing Vehicles from Non-Residential Private Property. | ||||||
18 | Except for private property obviously a part of a single-family | ||||||
19 | residence, and except for instances where notice is personally | ||||||
20 | given to the owner or operator of the vehicle that the area in | ||||||
21 | which that vehicle is parking is reserved or otherwise | ||||||
22 | unavailable and they are subject to being removed at the owner | ||||||
23 | or operator's expense, any property owner or lessor, prior to | ||||||
24 | towing or removing any vehicle from non-residential private | ||||||
25 | property without the consent of the owner of that vehicle, | ||||||
26 | shall post a notice meeting the following requirements: |
| |||||||
| |||||||
1 | (1) except as otherwise provided, the notice must be | ||||||
2 | prominently placed at each driveway access or curb cut | ||||||
3 | allowing vehicular access to the property within 5 feet | ||||||
4 | from the public right-of-way line. If there are no curbs or | ||||||
5 | access barriers, the sign must be posted not less than one | ||||||
6 | sign each 100 feet of lot frontage; | ||||||
7 | (2) in a municipality with a population of less than | ||||||
8 | 250,000, as an alternative to the requirement of paragraph | ||||||
9 | (1) of subsection (b), the notice for a parking lot | ||||||
10 | contained within property used solely for a 2-family, | ||||||
11 | 3-family, or 4-family residence may be prominently placed | ||||||
12 | at the perimeter of the parking lot, in a position where | ||||||
13 | the notice is visible to the occupants of vehicles entering | ||||||
14 | the lot; | ||||||
15 | (3) the notice must indicate clearly, in not less than | ||||||
16 | 2 inch high light-reflective letters on a contrasting | ||||||
17 | background, that unauthorized vehicles will be towed away | ||||||
18 | at the owner's expense; | ||||||
19 | (4) the notice must also provide the name and current | ||||||
20 | telephone number of the towing service towing or removing | ||||||
21 | the vehicle; and | ||||||
22 | (5) the sign structure containing the required notices | ||||||
23 | must be permanently installed with the bottom of the sign | ||||||
24 | not less than 4 feet above ground level, and must be | ||||||
25 | continuously maintained on the property for not less than | ||||||
26 | 24 hours prior to the towing or removing of any vehicle. |
| |||||||
| |||||||
1 | (c) Any towing service that tows or removes vehicles must | ||||||
2 | file and keep on record with the local law enforcement agency a | ||||||
3 | complete copy of the current rates to be charged for these | ||||||
4 | services, and post at the storage site an identical rate | ||||||
5 | schedule and any written contracts with property owners, | ||||||
6 | lessors, or persons in control of property which authorize them | ||||||
7 | to remove vehicles as provided in this Section. The towing and | ||||||
8 | storage charges shall not exceed the maximum allowed by the | ||||||
9 | Illinois Commerce Commission under Section 18a-200 of this | ||||||
10 | Code. | ||||||
11 | (d) No person shall engage in the removal of vehicles from | ||||||
12 | private property as described in this Section without filing a | ||||||
13 | notice of intent in each community where he or she intends to | ||||||
14 | conduct removal, and this notice shall be filed at least 7 days | ||||||
15 | before commencing any towing. | ||||||
16 | (e) No removal of a vehicle from private property shall be | ||||||
17 | done except upon express written instructions of the owners or | ||||||
18 | persons in charge of the private property upon which the | ||||||
19 | vehicle is said to be trespassing. | ||||||
20 | (f) Vehicle entry for the purpose of removal shall be | ||||||
21 | allowed with reasonable care on the part of the person or firm | ||||||
22 | towing the vehicle. This person or firm shall be liable for any | ||||||
23 | damages to the vehicle if their entry is not in accordance with | ||||||
24 | the standards of reasonable care. | ||||||
25 | (g) When a vehicle has been towed or removed under this | ||||||
26 | Section, it must be released to its owner within one-half hour |
| |||||||
| |||||||
1 | after requested, if the request is made during business hours. | ||||||
2 | Any vehicle owner or custodian or agent shall have the right to | ||||||
3 | inspect the vehicle before accepting its return, and no release | ||||||
4 | or waiver of any kind which would release the towing service | ||||||
5 | from liability for damages incurred during the towing and | ||||||
6 | storage may be required from any vehicle owner or other legally | ||||||
7 | authorized person as a condition of release of the vehicle. A | ||||||
8 | detailed, signed receipt showing the legal name of the towing | ||||||
9 | service must be given to the person paying towing or storage | ||||||
10 | charges at the time of payment. | ||||||
11 | This Section shall not apply to law enforcement, | ||||||
12 | firefighting, rescue, ambulance, or other emergency vehicles | ||||||
13 | which are marked as such or to property owned by any | ||||||
14 | governmental entity. | ||||||
15 | When an authorized person improperly causes a motor vehicle | ||||||
16 | to be removed, that person shall be liable to the owner or | ||||||
17 | lessee of the vehicle for the cost of removal, transportation, | ||||||
18 | storage, any damages resulting from the removal, | ||||||
19 | transportation and storage, attorney's fee, and court costs. | ||||||
20 | (h) Towing companies shall also provide insurance coverage | ||||||
21 | for areas where vehicles towed under the provisions of this | ||||||
22 | Chapter will be impounded or otherwise stored, and shall | ||||||
23 | adequately cover loss by fire, theft or other risks. | ||||||
24 | Any person who fails to comply with the conditions and | ||||||
25 | restrictions of this subsection shall be guilty of a Class C | ||||||
26 | misdemeanor and shall be fined not less than $100 nor more than |
| |||||||
| |||||||
1 | $500. | ||||||
2 | (i) When a vehicle is determined to be a hazardous | ||||||
3 | dilapidated motor vehicle under Section 11-40-3.1 of the | ||||||
4 | Illinois Municipal Code or Section 5-12002.1 of the Counties | ||||||
5 | Code, its removal and impoundment by a towing service may be | ||||||
6 | authorized by a law enforcement agency with appropriate | ||||||
7 | jurisdiction.
| ||||||
8 | (625 ILCS 5/4-203.2 new) | ||||||
9 | Sec. 4-203.2. Impoundment of Vehicles for Certain | ||||||
10 | Offenses. | ||||||
11 | (a) Whenever a peace officer reasonably believes that a | ||||||
12 | person under arrest for a violation of Section 11-501 of this | ||||||
13 | Code or a similar provision of a local ordinance is likely, | ||||||
14 | upon release, to commit a subsequent violation of Section | ||||||
15 | 11-501, or a similar provision of a local ordinance, the | ||||||
16 | arresting officer shall have the vehicle which the person was | ||||||
17 | operating at the time of the arrest impounded for a period of | ||||||
18 | not more than 12 hours after the time of arrest. However, the | ||||||
19 | vehicle may be released by the arresting law enforcement agency | ||||||
20 | prior to the end of the impoundment period if: | ||||||
21 | (1) the vehicle was not owned by the person under | ||||||
22 | arrest, and the lawful owner requesting the release | ||||||
23 | possesses a valid operator's license, proof of ownership, | ||||||
24 | and would not, as determined by the arresting law | ||||||
25 | enforcement agency, indicate a lack of ability to operate a |
| |||||||
| |||||||
1 | motor vehicle in a safe manner, or who would otherwise, by | ||||||
2 | operating the motor vehicle, be in violation of this Code; | ||||||
3 | or | ||||||
4 | (2) the vehicle is owned by the person under arrest, | ||||||
5 | and the person under arrest gives permission to another | ||||||
6 | person to operate the vehicle, provided however, that the | ||||||
7 | other person possesses a valid operator's license and would | ||||||
8 | not, as determined by the arresting law enforcement agency, | ||||||
9 | indicate a lack of ability to operate a motor vehicle in a | ||||||
10 | safe manner or who would otherwise, by operating the motor | ||||||
11 | vehicle, be in violation of this Code. | ||||||
12 | (b) Whenever a registered owner of a vehicle is taken into | ||||||
13 | custody for operating the vehicle in violation of Section | ||||||
14 | 11-501 of this Code or a similar provision of a local ordinance | ||||||
15 | or Section 6-303 of this Code, a law enforcement officer may | ||||||
16 | have the vehicle immediately impounded for a period not less | ||||||
17 | than: | ||||||
18 | (1) 24 hours for a second violation of Section 11-501 | ||||||
19 | of this Code or a similar provision of a local ordinance or | ||||||
20 | Section 6-303 of this Code or a combination of these | ||||||
21 | offenses; or | ||||||
22 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
23 | this Code or a similar provision of a local ordinance or | ||||||
24 | Section 6-303 of this Code or a combination of these | ||||||
25 | offenses. | ||||||
26 | The vehicle may be released sooner if the vehicle is owned |
| |||||||
| |||||||
1 | by the person under arrest and the person under arrest gives | ||||||
2 | permission to another person to operate the vehicle and that | ||||||
3 | other person possesses a valid operator's license and would | ||||||
4 | not, as determined by the arresting law enforcement agency, | ||||||
5 | indicate a lack of ability to operate a motor vehicle in a safe | ||||||
6 | manner or would otherwise, by operating the motor vehicle, be | ||||||
7 | in violation of this Code. | ||||||
8 | (c) Whenever a peace officer issues a citation to a driver | ||||||
9 | for a violation of subsection (a) of Section 11-506 of this | ||||||
10 | Code, the arresting officer may have the vehicle which the | ||||||
11 | person was operating at the time of the arrest impounded for a | ||||||
12 | period of 5 days after the time of arrest. An impounding agency | ||||||
13 | shall release a motor vehicle impounded under this subsection | ||||||
14 | (c) to the registered owner of the vehicle under any of the | ||||||
15 | following circumstances: | ||||||
16 | (1) if the vehicle is a stolen vehicle; | ||||||
17 | (2) if the person ticketed for a violation of | ||||||
18 | subsection (a) of Section 11-506 of this Code was not | ||||||
19 | authorized by the registered owner of the vehicle to | ||||||
20 | operate the vehicle at the time of the violation; | ||||||
21 | (3) if the registered owner of the vehicle was neither | ||||||
22 | the driver nor a passenger in the vehicle at the time of | ||||||
23 | the violation or was unaware that the driver was using the | ||||||
24 | vehicle to engage in street racing; | ||||||
25 | (4) if the legal owner or registered owner of the | ||||||
26 | vehicle is a rental car agency; or |
| |||||||
| |||||||
1 | (5) if, prior to the expiration of the impoundment | ||||||
2 | period specified above, the citation is dismissed or the | ||||||
3 | defendant is found not guilty of the offense.
| ||||||
4 | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
| ||||||
5 | Sec. 4-204. Police authorized tows; reports, release of | ||||||
6 | vehicles, payment. When
a vehicle is authorized to be towed | ||||||
7 | away at the request of a law enforcement officer as provided in | ||||||
8 | Section
4-202 or 4-203 :
| ||||||
9 | (a) The authorization, any hold order, and any release | ||||||
10 | shall be in
writing, or confirmed in writing, by the | ||||||
11 | authorizing law enforcement agency with a copy given to the | ||||||
12 | towing service.
| ||||||
13 | (b) The law enforcement agency police headquarters or | ||||||
14 | office of the law officer
authorizing the tow towing shall keep | ||||||
15 | and maintain a record of the vehicle
towed, listing the color, | ||||||
16 | year of manufacture, manufacturer's trade name,
manufacturer's | ||||||
17 | series name, body style, vehicle identification number Vehicle | ||||||
18 | Identification Number ,
and license plate year and number for | ||||||
19 | and registration sticker year and number
displayed on the | ||||||
20 | vehicle. The record shall
also include the date and hour of | ||||||
21 | tow, location towed from, location towed
to, reason for towing | ||||||
22 | and the name of the officer authorizing the tow.
| ||||||
23 | (c) The owner, operator, or other legally entitled person | ||||||
24 | shall be
responsible to the towing service for payment of | ||||||
25 | applicable removal, towing,
storage, and processing charges |
| |||||||
| |||||||
1 | and collection costs associated with a vehicle
towed or held | ||||||
2 | under order or authorization of a law enforcement agency. If a
| ||||||
3 | vehicle towed or held under order or authorization of a law | ||||||
4 | enforcement agency
is seized by the ordering or authorizing | ||||||
5 | agency or any other law enforcement
or governmental agency and | ||||||
6 | sold, any unpaid removal, towing, storage,
and processing | ||||||
7 | charges and collection costs shall be paid to the towing | ||||||
8 | service
from the proceeds of the sale. If applicable law | ||||||
9 | provides that the proceeds
are to be paid into the treasury of | ||||||
10 | the appropriate civil jurisdiction, then
any unpaid removal, | ||||||
11 | towing, storage, and processing charges and collection
costs | ||||||
12 | shall be paid to the towing service from the treasury of the | ||||||
13 | civil
jurisdiction. That payment shall not, however, exceed the | ||||||
14 | amount of proceeds
from the sale, with the balance to be paid | ||||||
15 | by the owner, operator, or other
legally entitled person.
| ||||||
16 | (d) Upon delivery of a written release order to the towing | ||||||
17 | service, a
vehicle subject to a hold order shall be released to | ||||||
18 | the owner, operator, or
other legally entitled person upon | ||||||
19 | proof of ownership or other entitlement and
upon payment of | ||||||
20 | applicable removal, towing, storage, and processing charges | ||||||
21 | and
collection costs.
| ||||||
22 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
23 | (625 ILCS 5/4-205) (from Ch. 95 1/2, par. 4-205)
| ||||||
24 | Sec. 4-205. Record searches.
| ||||||
25 | (a) When a towing service or a law enforcement agency |
| |||||||
| |||||||
1 | authorizing the impounding or towing of a vehicle
does not know | ||||||
2 | the identity of the registered owner, lienholder or other | ||||||
3 | legally
entitled person, the towing service or that law | ||||||
4 | enforcement agency will request a search of the title cause the | ||||||
5 | vehicle
registration records of the Secretary of State to | ||||||
6 | determine ownership information of Illinois to be searched by | ||||||
7 | the
Secretary of State for the purpose of obtaining the | ||||||
8 | required ownership
information .
| ||||||
9 | (a-5) In the event that the Secretary of State cannot | ||||||
10 | provide ownership information, the following means shall be | ||||||
11 | used to identify the owner of the vehicle: | ||||||
12 | (1) using the vehicle identification number to conduct | ||||||
13 | a search through a commercial, nation-wide motor vehicle | ||||||
14 | information service; or | ||||||
15 | (2) inspecting the vehicle for any evidence of the name | ||||||
16 | or address of the owner or state of registration. | ||||||
17 | (a-10) If evidence of the state of registration can be | ||||||
18 | found by utilizing the means set forth in subsection (a-5) of | ||||||
19 | this Section, the motor vehicle department of that state shall | ||||||
20 | be contacted and requested to perform a record search for the | ||||||
21 | name and address of any owner or lienholder. | ||||||
22 | (b) The law enforcement agency authorizing the impounding | ||||||
23 | of a vehicle
will search cause the stolen motor vehicle files | ||||||
24 | of the State Police to be
searched by a directed communication | ||||||
25 | to the State Police for stolen or
wanted information on the | ||||||
26 | vehicle. When the State Police files are
searched with negative |
| |||||||
| |||||||
1 | results, the information contained in the
National Crime | ||||||
2 | Information Center (NCIC) files will be searched by the
State | ||||||
3 | Police. The information determined from these record searches | ||||||
4 | will
be returned to the requesting law enforcement agency for | ||||||
5 | that agency's
use in sending a notification by certified mail | ||||||
6 | to the registered owner,
lienholder and other legally entitled | ||||||
7 | persons advising where the vehicle
is held, requesting a | ||||||
8 | disposition be made and setting forth public sale
information. | ||||||
9 | Notification shall be sent no later than 10 business days after
| ||||||
10 | the date the law enforcement agency impounds or authorizes the | ||||||
11 | impounding of a
vehicle, provided that if the law enforcement | ||||||
12 | agency is unable to determine the
identity of the registered | ||||||
13 | owner, lienholder or other person legally entitled
to ownership | ||||||
14 | of the impounded vehicle within a 10 business day period after
| ||||||
15 | impoundment, then notification shall be sent no later than 2 | ||||||
16 | days after the
date the identity of the registered owner, | ||||||
17 | lienholder or other person legally
entitled to ownership of the | ||||||
18 | impounded vehicle is determined. Exceptions to a
notification | ||||||
19 | by certified mail to the registered owner, lienholder and other
| ||||||
20 | legally entitled persons are set forth in Section 4-209 of this | ||||||
21 | Code.
| ||||||
22 | (b-5) If an abandoned or unclaimed vehicle displays a | ||||||
23 | dealer, transporter, or manufacturer license plate or | ||||||
24 | temporary registration plate, the towing service or law | ||||||
25 | enforcement agency, in addition to requesting a search of the | ||||||
26 | title record of the vehicle, shall request a registration |
| |||||||
| |||||||
1 | record of the vehicle. | ||||||
2 | (c) (Blank). When ownership information is needed for a
| ||||||
3 | towing service to give notification as required under this | ||||||
4 | Code, the towing
service may cause the vehicle registration | ||||||
5 | records of the State of Illinois to
be searched by the | ||||||
6 | Secretary of State, and in such case, the towing service also | ||||||
7 | shall give notice to all lienholders of record within the time | ||||||
8 | period required for such other notices.
| ||||||
9 | The written request of a towing service, in the form and
| ||||||
10 | containing the information prescribed by the Secretary of State | ||||||
11 | by rule, may be
transmitted to the Secretary of State in | ||||||
12 | person, by U.S.
mail or other delivery service, by facsimile | ||||||
13 | transmission, or by other
means the Secretary of State deems | ||||||
14 | acceptable.
| ||||||
15 | The Secretary of State shall provide the required | ||||||
16 | information, or
a statement that the information was not found | ||||||
17 | in the vehicle registration
records of the State, by U.S. mail | ||||||
18 | or other delivery service, facsimile
transmission, as | ||||||
19 | requested by the towing service, or by other means acceptable
| ||||||
20 | to the Secretary of State.
| ||||||
21 | (d) (Blank). The Secretary of State may prescribe standards | ||||||
22 | and procedures for
submission of requests for record searches | ||||||
23 | and replies via computer link.
| ||||||
24 | (e) (Blank). Fees for services provided under this Section | ||||||
25 | shall be in amounts
prescribed by the Secretary of State under | ||||||
26 | Section 3-821.1 of this Code.
Payment may be made by the towing |
| |||||||
| |||||||
1 | service using cash, any commonly accepted
credit card, or any | ||||||
2 | other means of payment deemed acceptable by the Secretary
of | ||||||
3 | State.
| ||||||
4 | (Source: P.A. 95-838, eff. 8-15-08.)
| ||||||
5 | (625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
| ||||||
6 | Sec. 4-207. Reclaimed vehicles; expenses.
| ||||||
7 | (a) Any time before a vehicle is sold at public sale or | ||||||
8 | disposed of as
provided in Section 4-208, the owner, lienholder | ||||||
9 | or other person legally
entitled to its possession may reclaim | ||||||
10 | the vehicle by presenting
to the law enforcement agency having | ||||||
11 | custody of the vehicle proof of ownership
or proof of the right | ||||||
12 | to possession of the vehicle. In order to reclaim the vehicle, | ||||||
13 | the owner, lienholder, or other person legally entitled to its | ||||||
14 | possession must pay all towing and storage charges. Storage | ||||||
15 | charges may not exceed 60 days. Payment may be made by use of | ||||||
16 | any major credit card, in addition to being payable in cash.
| ||||||
17 | (b) (Blank). No vehicle shall be released to the owner, | ||||||
18 | lienholder, or other person
under this Section until all | ||||||
19 | towing, storage, and processing charges have been
paid.
| ||||||
20 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
21 | (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
| ||||||
22 | Sec. 4-208. Notice for disposal Disposal of unclaimed | ||||||
23 | vehicles.
| ||||||
24 | (a) In cities having a
population of more than 500,000, |
| |||||||
| |||||||
1 | whenever an abandoned, lost, stolen or
unclaimed vehicle, or | ||||||
2 | vehicle determined to be a hazardous dilapidated
motor vehicle | ||||||
3 | pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
| ||||||
4 | remains unclaimed by the registered owner, lienholder or other | ||||||
5 | legally
entitled person for a period of 18 days after notice | ||||||
6 | has been given under
Sections 4-205 and 4-206 of this Code , if | ||||||
7 | during that 18 days the possessor of the vehicle has sent an | ||||||
8 | additional notice by first class mail to the registered owner, | ||||||
9 | lienholder, or other legally entitled person, the vehicle shall | ||||||
10 | be disposed,
pursuant to the provisions of the "Municipal | ||||||
11 | purchasing act for cities of
500,000 or more population", to a | ||||||
12 | person licensed as an automotive parts
recycler, rebuilder or | ||||||
13 | scrap processor under Chapter 5 of this Code. With respect to | ||||||
14 | any vehicle that has been booted, impounded, or both in | ||||||
15 | accordance with subsection (c) of Section 11-208.3, a city with | ||||||
16 | a population over 500,000 may establish a program whereby the | ||||||
17 | registered owner, lienholder, or other legally entitled person | ||||||
18 | is entitled to any proceeds from the disposition of the | ||||||
19 | vehicle, less any reasonable storage charges, administrative | ||||||
20 | fees, booting fees, towing fees, and parking and compliance | ||||||
21 | fines and penalties.
| ||||||
22 | (a-5) After a towing service or law enforcement agency | ||||||
23 | determines the vehicle owner and any lienholder as required | ||||||
24 | under Section 4-205 of this Code, the towing service or law | ||||||
25 | enforcement agency shall send a certified notice to the owner | ||||||
26 | and lienholder no later than 10 business days after the date of |
| |||||||
| |||||||
1 | the tow. If the identity of the registered owner or lienholder | ||||||
2 | cannot be determined within 10 business days after the tow, | ||||||
3 | then certified notice shall be sent no later than 2 days after | ||||||
4 | the date the identity of the registered owner or lienholder of | ||||||
5 | the vehicle is determined. The certified notice shall contain | ||||||
6 | the name and location where the vehicle is being stored, hours | ||||||
7 | of operation, and the total amount owed. The notice shall also | ||||||
8 | provide notice to the registered owner, lienholder and other | ||||||
9 | legally entitled person that if redemption does not occur | ||||||
10 | within 10 business days of the date of the notice, the vehicle | ||||||
11 | shall be sold at sale. The date, time, and place of sale shall | ||||||
12 | be contained on the notice. | ||||||
13 | (a-10) If an abandoned or unclaimed vehicle displays a | ||||||
14 | dealer, transporter, or manufacturer license plate or a | ||||||
15 | temporary registration plate, the towing service or the law | ||||||
16 | enforcement agency shall send the certified notices required | ||||||
17 | under this Section to the person or entity having registration | ||||||
18 | plates last issued as well as to the last registered owner or | ||||||
19 | lienholder of the vehicle. | ||||||
20 | (b) (Blank). Except as provided in Section 4-208 for cities | ||||||
21 | with more than
500,000 inhabitants, when an abandoned, lost, | ||||||
22 | stolen or unclaimed
vehicle 7 years of age or newer remains | ||||||
23 | unclaimed by the registered
owner, lienholder or other legally | ||||||
24 | entitled persons for a
period of 30 days after notice has been | ||||||
25 | given as provided in Sections 4-205
and 4-206 of this Code, the | ||||||
26 | law enforcement agency or towing service having
possession of |
| |||||||
| |||||||
1 | the vehicle shall cause it to be sold at public auction to a
| ||||||
2 | person licensed as an automotive parts recycler, rebuilder or | ||||||
3 | scrap
processor under Chapter 5 of this Code or the towing | ||||||
4 | operator which towed
the vehicle. Notice of the time and place | ||||||
5 | of the
sale shall be posted in a conspicuous place for at least | ||||||
6 | 10 days prior to
the sale on the premises where the vehicle has | ||||||
7 | been impounded. At least 10
days prior to the sale, the law | ||||||
8 | enforcement agency where the vehicle is
impounded, or the | ||||||
9 | towing service where the vehicle is impounded, shall
cause a | ||||||
10 | notice of the time and place of the sale to be sent by | ||||||
11 | certified
mail to the registered owner, lienholder, or other | ||||||
12 | legally entitled persons. Notice as provided in Sections 4-205 | ||||||
13 | and 4-206 of this Code and as
provided in this subsection (b) | ||||||
14 | shall state the time and place of
sale and shall
contain a | ||||||
15 | complete description
of the vehicle to be sold and what steps | ||||||
16 | must be taken by any legally
entitled person to reclaim the | ||||||
17 | vehicle.
| ||||||
18 | (c) (Blank). If an abandoned, lost, stolen, or unclaimed | ||||||
19 | vehicle displays dealer
plates, notice under this Section and | ||||||
20 | Section 4-209 of this Code shall be sent
to both the dealer and | ||||||
21 | the registered owner, lienholder, or other legally
entitled | ||||||
22 | persons.
| ||||||
23 | (d) (Blank). In those instances where the certified | ||||||
24 | notification specified in
Sections 4-205 and 4-206 of this Code | ||||||
25 | has been returned by the postal
authorities to the law | ||||||
26 | enforcement agency or towing service, the sending of a second
|
| |||||||
| |||||||
1 | certified notice will not be required.
| ||||||
2 | (Source: P.A. 94-650, eff. 1-1-06.)
| ||||||
3 | (625 ILCS 5/4-209.1) (from Ch. 95 1/2, par. 4-209.1)
| ||||||
4 | Sec. 4-209.1. Disposal of hazardous dilapidated motor | ||||||
5 | vehicles. Any
hazardous dilapidated motor vehicle impounded | ||||||
6 | pursuant to the provisions of
this Article and Section | ||||||
7 | 11-40-3.1 of the Illinois Municipal Code, whether
impounded at | ||||||
8 | a public facility or on the property of private towing
service, | ||||||
9 | shall be kept in custody for a period of 10 business days for | ||||||
10 | the purpose
of determining the identity of the registered owner | ||||||
11 | or lienholder and
contacting such owner or lienholder, if | ||||||
12 | known, by regular U.S. Mail. At
the expiration of the 10 | ||||||
13 | business day -day period, without benefit of disposition
| ||||||
14 | information being received from the registered owner or | ||||||
15 | lienholder, the towing service may dispose law
enforcement | ||||||
16 | agency having jurisdiction will authorize the disposal of the
| ||||||
17 | vehicle as junk.
| ||||||
18 | (Source: P.A. 86-460.)
| ||||||
19 | (625 ILCS 5/4-209.2)
| ||||||
20 | Sec. 4-209.2. Collection of unpaid charges. | ||||||
21 | (a) When a vehicle is abandoned or unclaimed, it shall be | ||||||
22 | presumed that the last registered owner is responsible for the | ||||||
23 | abandonment and shall be liable for all towing, storage, and | ||||||
24 | collection costs, less any amounts realized in the disposal of |
| |||||||
| |||||||
1 | the vehicle. The last registered owner's liability for storage | ||||||
2 | fees may not exceed a maximum of 60 days. | ||||||
3 | (b) The presumption established under this Section may be | ||||||
4 | rebutted by a showing that, prior to the time of the tow: | ||||||
5 | (1) a report of vehicle theft was filed with respect to | ||||||
6 | the vehicle; or | ||||||
7 | (2) the vehicle was sold or transferred and the last | ||||||
8 | registered owner provides the towing service with the | ||||||
9 | identify and address of the new owner at the time of the | ||||||
10 | sale or transfer. | ||||||
11 | In an action to collect
towing, storage, and processing charges | ||||||
12 | that remain unpaid after disposition of
a vehicle towed or | ||||||
13 | relocated under this Code, the towing service may recover
| ||||||
14 | reasonable collection costs.
| ||||||
15 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
16 | (625 ILCS 5/4-209.3 new) | ||||||
17 | Sec. 4-209.3. Personal property; unpaid charges after | ||||||
18 | sale. | ||||||
19 | (a) Any personal property belonging to the vehicle owner in | ||||||
20 | a vehicle subject to a lien under this Section shall likewise | ||||||
21 | be subject to that lien, except for: child restraint systems as | ||||||
22 | defined in Section 4 of the Child Passenger Protection Act and | ||||||
23 | other child booster seats; eyeglasses; food; medicine; | ||||||
24 | perishable property; any operator's licenses; any cash, credit | ||||||
25 | cards, or checks or checkbooks; any wallet, purse, or other |
| |||||||
| |||||||
1 | property containing any operator's license or other | ||||||
2 | identifying documents or materials, cash, credit cards, | ||||||
3 | checks, or checkbooks; and any personal property belonging to a | ||||||
4 | person other than the vehicle owner if that person provides | ||||||
5 | adequate proof that the personal property belongs to that | ||||||
6 | person. The spouse, child, mother, father, brother, or sister | ||||||
7 | of the vehicle owner may claim personal property excepted under | ||||||
8 | this Section if the person claiming the personal property | ||||||
9 | provides the commercial vehicle relocator or towing service | ||||||
10 | with the authorization of the vehicle owner. | ||||||
11 | (b) This subsection applies only in the case of a vehicle | ||||||
12 | that is towed as a result of being involved in an accident. In | ||||||
13 | addition to the personal property excepted under paragraph (a), | ||||||
14 | all other personal property in a vehicle subject to a lien | ||||||
15 | under this subsection (b) is exempt from that lien and may be | ||||||
16 | claimed by the vehicle owner if the vehicle owner provides the | ||||||
17 | commercial vehicle relocator or towing service with proof that | ||||||
18 | the vehicle owner has an insurance policy covering towing and | ||||||
19 | storage fees. The spouse, child, mother, father, brother, or | ||||||
20 | sister of the vehicle owner may claim personal property in a | ||||||
21 | vehicle subject to a lien under this Section if the person | ||||||
22 | claiming the personal property provides the commercial vehicle | ||||||
23 | relocator or towing service with the authorization of the | ||||||
24 | vehicle owner and proof that the vehicle owner has an insurance | ||||||
25 | policy covering towing and storage fees. The regulation of | ||||||
26 | liens on personal property and exceptions to those liens in the |
| |||||||
| |||||||
1 | case of vehicles towed as a result of being involved in an | ||||||
2 | accident are exclusive powers and functions of the State. A | ||||||
3 | home rule unit may not regulate liens on personal property and | ||||||
4 | exceptions to those liens in the case of vehicles towed as a | ||||||
5 | result of being involved in an accident. This subsection is a | ||||||
6 | denial and limitation of home rule powers and functions under | ||||||
7 | subsection (h) of Section 6 of Article VII of the Illinois | ||||||
8 | Constitution. | ||||||
9 | (c) In an action to collect towing, storage, and processing | ||||||
10 | charges that remain unpaid after disposition of a vehicle towed | ||||||
11 | or relocated under this Code, the towing service may recover | ||||||
12 | reasonable collection costs.
| ||||||
13 | (625 ILCS 5/4-212) (from Ch. 95 1/2, par. 4-212)
| ||||||
14 | Sec. 4-212.
Ownership documents for vehicles after public | ||||||
15 | sale - removal
of liens. When an applicant for a salvage | ||||||
16 | certificate or junking
certificate under this Chapter presents
| ||||||
17 | to the Secretary of State proof that he has purchased or | ||||||
18 | acquired a vehicle
at a public sale as authorized by this | ||||||
19 | Chapter and such fact is certified
to by the law enforcement | ||||||
20 | agency having jurisdiction over the public sale
of a vehicle , | ||||||
21 | the Secretary of State shall issue a salvage certificate or
| ||||||
22 | junking certificate under paragraph (2) of subsection (b) of | ||||||
23 | Section 3-117.1 of this Code for the vehicle upon receipt of | ||||||
24 | the statutory fee and a
properly executed application for a | ||||||
25 | salvage certificate or junking
certificate . The salvage |
| |||||||
| |||||||
1 | certificate or junking certificate issued by the
Secretary of | ||||||
2 | State under this Section shall be free of any lien that
existed | ||||||
3 | against the vehicle prior to the time the vehicle was acquired | ||||||
4 | by
the applicant under this Chapter.
| ||||||
5 | (Source: P.A. 85-951.)
| ||||||
6 | (625 ILCS 5/4-212.1) (from Ch. 95 1/2, par. 4-212.1)
| ||||||
7 | Sec. 4-212.1.
In cities with more than 500,000 inhabitants, | ||||||
8 | the
corporate authorities may, by ordinance, designate any | ||||||
9 | department of
municipal government to do any of the following:
| ||||||
10 | (1) To perform any of the duties and functions specified | ||||||
11 | for law
enforcement agencies in this Article subsection (a) of | ||||||
12 | Section 4-205 and in Sections
4-201, 4-203, 4-204, 4-206, | ||||||
13 | 4-207, 4-208, 4-209, 4-210, 4-211 and 4-212 ; and
| ||||||
14 | (2) To authorize a towing service to remove and take | ||||||
15 | possession of
abandoned , lost, stolen or unclaimed vehicles, in | ||||||
16 | the manner that municipal
police may make such authorization | ||||||
17 | pursuant to Section 4-202; and
| ||||||
18 | (3) To send notifications as required under subsection (b) | ||||||
19 | of Section 4-208 4-205 .
| ||||||
20 | (Source: P.A. 86-947.)
| ||||||
21 | (625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
| ||||||
22 | Sec. 4-214. Violations of Section 4-201.
| ||||||
23 | (a) Any person who violates Section 4-201 of this Code or | ||||||
24 | who
aids and abets in that violation:
|
| |||||||
| |||||||
1 | (1) shall be subject to a mandatory fine of $200; and
| ||||||
2 | (2) shall be required by the court to make a | ||||||
3 | disposition on the abandoned
or unclaimed vehicle and pay | ||||||
4 | all towing, storage, and processing charges and
collection | ||||||
5 | costs pursuant to Section 4-203, subsections (a) and (e) .
| ||||||
6 | (b) (Blank). When a vehicle is abandoned, it shall be | ||||||
7 | presumed that the last
registered owner is responsible for the | ||||||
8 | abandonment and shall be liable for
all towing, storage, and | ||||||
9 | processing charges and collection costs, less any
amounts | ||||||
10 | realized in the disposal of the vehicle. The last registered | ||||||
11 | owner's
liability for storage fees may not exceed a maximum of | ||||||
12 | 30 days' storage fees.
| ||||||
13 | The presumption established under this subsection may
be | ||||||
14 | rebutted by a showing that, prior to the time of the tow:
| ||||||
15 | (1) a report of vehicle theft was filed with respect to | ||||||
16 | the vehicle; or
| ||||||
17 | (2) the vehicle was sold or transferred and the last | ||||||
18 | registered owner
provides the towing service with the | ||||||
19 | correct identity and address of the new
owner at the time | ||||||
20 | of the sale or transfer.
| ||||||
21 | If the presumption established under this subsection is | ||||||
22 | rebutted, the person
responsible for theft of the vehicle or to | ||||||
23 | whom the vehicle was sold or
transferred is liable for all | ||||||
24 | towing, storage, and processing charges and
collection costs.
| ||||||
25 | (Source: P.A. 89-433, eff. 12-15-95.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/4-215)
| ||||||
2 | Sec. 4-215. Rebuilt vehicles; clean titles. A tow service | ||||||
3 | authorized by a law enforcement agency to tow a vehicle may | ||||||
4 | obtain a certificate of title for that towed vehicle that is | ||||||
5 | not a salvage or junking certificate from a certificate of | ||||||
6 | purchase if the vehicle has not sustained any structural | ||||||
7 | damage, there is no history of a salvage certificate, and the | ||||||
8 | vehicle has undergone a salvage inspection by the Secretary of | ||||||
9 | State and a safety inspection under Section 13-101 of this | ||||||
10 | Code. The application for a certificate of title applied for | ||||||
11 | under this Section shall contain an affirmation under penalty | ||||||
12 | of perjury that the vehicle on the date of the tow was not | ||||||
13 | damaged in excess of 33% of its fair market value, has no | ||||||
14 | structural damage and has no history of salvage. The Secretary | ||||||
15 | of State may adopt rules to implement this Section. Persons | ||||||
16 | licensed under
Section 5-301 of this Code may obtain a | ||||||
17 | certificate of title that does not bear
the notation "REBUILT" | ||||||
18 | from a certificate of purchase when the damage to the
vehicle | ||||||
19 | is 25% or less of its market value, there has been no | ||||||
20 | structural damage
to the vehicle, there is no history of a | ||||||
21 | salvage certificate, and the vehicle
has undergone a salvage | ||||||
22 | inspection by the Secretary of State and a safety
inspection | ||||||
23 | under Section 13-101 of this Code. The application for a
| ||||||
24 | certificate of title shall contain an affirmation under penalty | ||||||
25 | for perjury
that the vehicle on the date of the application is | ||||||
26 | not damaged in excess of 25%
of its market value, has no |
| |||||||
| |||||||
1 | structural damage, and has no history of
salvage.
| ||||||
2 | (Source: P.A. 89-433, eff. 12-15-95.)
| ||||||
3 | (625 ILCS 5/4-206 rep.) | ||||||
4 | (625 ILCS 5/4-209 rep.) | ||||||
5 | Section 10. The Illinois Vehicle Code is amended by | ||||||
6 | repealing Sections 4-206 and 4-209.".
|