Bill Text: IL HB2860 | 2011-2012 | 97th General Assembly | Chaptered

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Bill Title: Amends the Illinois Vehicle Code. Provides that the driver of a motorcycle, facing any steady red signal which fails to change to a green signal within a reasonable period of time because of a signal malfunction or because the signal has failed to detect the arrival of the motorcycle due to the motorcycle's size or weight, has the right to proceed subject to the rules applicable after making a stop at a stop sign.

Spectrum: Bipartisan Bill

Status: (Passed) 2011-11-30 - Public Act . . . . . . . . . 97-0627 [HB2860 Detail]

Download: Illinois-2011-HB2860-Chaptered.html

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Public Act 097-0627
HB2860 Enrolled LRB097 08365 HEP 48492 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 11-208.6 and 11-306 as follows:
(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.
(c-6) A county, or a municipality with less than 2,000,000
inhabitants, including a home rule county or municipality, may
not use an automated traffic law enforcement system to issue
violations in instances where a motorcyclist enters an
intersection against a red signal indication when the red
signal fails to change to a green signal within a reasonable
period of time because of a signal malfunction or because the
signal has failed to detect the arrival of the motorcycle due
to the motorcycle's size or weight.
(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;
(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; 96-1016, eff. 1-1-11.)
(625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
Sec. 11-306. Traffic-control signal legend. Whenever
traffic is controlled by traffic-control signals exhibiting
different colored lights or color lighted arrows, successively
one at a time or in combination, only the colors green, red and
yellow shall be used, except for special pedestrian signals
carrying a word legend, and the lights shall indicate and apply
to drivers of vehicles and pedestrians as follows:
(a) Green indication.
1. Vehicular traffic facing a circular green signal may
proceed straight through or turn right or left unless a
sign at such place prohibits either such turn. Vehicular
traffic, including vehicles turning right or left, shall
yield the right of way to other vehicles and to pedestrians
lawfully within the intersection or an adjacent crosswalk
at the time such signal is exhibited.
2. Vehicular traffic facing a green arrow signal, shown
alone or in combination with another indication, may
cautiously enter the intersection only to make the movement

indicated by such arrow, or such other movement as is
permitted by other indications shown at the same time. Such
vehicular traffic shall yield the right of way to
pedestrians lawfully within an adjacent crosswalk and to
other traffic lawfully using the intersection.
3. Unless otherwise directed by a pedestrian-control
signal, as provided in Section 11-307, pedestrians facing
any green signal, except when the sole green signal is a
turn arrow, may proceed across the roadway within any
marked or unmarked crosswalk.
(b) Steady yellow indication.
1. Vehicular traffic facing a steady circular yellow or
yellow arrow signal is thereby warned that the related
green movement is being terminated or that a red indication
will be exhibited immediately thereafter.
2. Pedestrians facing a steady circular yellow or
yellow arrow signal, unless otherwise directed by a
pedestrian-control signal as provided in Section 11-307,
are thereby advised that there is insufficient time to
cross the roadway before a red indication is shown and no
pedestrian shall then start to cross the roadway.
(c) Steady red indication.
1. Except as provided in paragraphs paragraph 3 and 3.5
of this subsection (c), vehicular traffic facing a steady
circular red signal alone shall stop at a clearly marked
stop line, but if there is no such stop line, before

entering the crosswalk on the near side of the
intersection, or if there is no such crosswalk, then before
entering the intersection, and shall remain standing until
an indication to proceed is shown.
2. Except as provided in paragraphs paragraph 3 and 3.5
of this subsection (c), vehicular traffic facing a steady
red arrow signal shall not enter the intersection to make
the movement indicated by the arrow and, unless entering
the intersection to make a movement permitted by another
signal, shall stop at a clearly marked stop line, but if
there is no such stop line, before entering the crosswalk
on the near side of the intersection, or if there is no
such crosswalk, then before entering the intersection, and
shall remain standing until an indication permitting the
movement indicated by such red arrow is shown.
3. Except when a sign is in place prohibiting a turn
and local authorities by ordinance or State authorities by
rule or regulation prohibit any such turn, vehicular
traffic facing any steady red signal may cautiously enter
the intersection to turn right, or to turn left from a
one-way street into a one-way street, after stopping as
required by paragraph 1 or paragraph 2 of this subsection.
After stopping, the driver shall yield the right of way to
any vehicle in the intersection or approaching on another
roadway so closely as to constitute an immediate hazard
during the time such driver is moving across or within the

intersection or junction or roadways. Such driver shall
yield the right of way to pedestrians within the
intersection or an adjacent crosswalk.
3.5. In municipalities with less than 2,000,000
inhabitants, after stopping as required by paragraph 1 or 2
of this subsection, the driver of a motorcycle or bicycle,
facing a steady red signal which fails to change to a green
signal within a reasonable period of time because of a
signal malfunction or because the signal has failed to
detect the arrival of the motorcycle or bicycle due to the
vehicle's size or weight, shall have the right to proceed,
after yielding the right of way to oncoming traffic facing
a green signal, subject to the rules applicable after
making a stop at a stop sign as required by Section 11-1204
of this Code.
4. Unless otherwise directed by a pedestrian-control
signal as provided in Section 11-307, pedestrians facing a
steady circular red or red arrow signal alone shall not
enter the roadway.
(d) In the event an official traffic control signal is
erected and maintained at a place other than an intersection,
the provisions of this Section shall be applicable except as to
provisions which by their nature can have no application. Any
stop required shall be at a traffic sign or a marking on the
pavement indicating where the stop shall be made or, in the
absence of such sign or marking, the stop shall be made at the

signal.
(e) The motorman of any streetcar shall obey the above
signals as applicable to vehicles.
(Source: P.A. 94-795, eff. 5-22-06.)