Bill Text: IL HB3733 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission, in cooperation with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Establishes requirements for the system. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Deletes language pertaining to a pilot project to establish such a system. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a notice of violation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides for civil adjudication of violations, in the same manner as automated red light violations. Provides that a civil fine of $250 shall be imposed for a first violation. Provides that a civil fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State shall suspend the driving privileges of the registered owner of a vehicle that is involved in 5 of these violations for which the fine imposed has not been paid. Repeals the provision currently providing for the establishment of these systems. Makes other changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3733 Detail]

Download: Illinois-2009-HB3733-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3733 Introduced 2/25/2009, by Rep. Sidney H. Mathias SYNOPSIS AS INTRODUCED:
See Index
Amends the Illinois Vehicle Code. Provides that the Illinois Commerce Commission, in cooperation with a local law enforcement agency, may establish in any county or municipality a system for automated enforcement of railroad crossing violations. Establishes requirements for the system. Provides that local authorities desiring the establishment of an automated railroad crossing enforcement system must initiate the process by enacting a local ordinance requesting the creation of such a system. Provides that local authorities and the Commission must agree to a plan for obtaining, from any combination of federal, State, and local funding sources, the moneys required for the purchase and installation of any necessary equipment. Deletes language pertaining to a pilot project to establish such a system. Provides for automated recording of vehicles that enter a railroad crossing against the signal or that obstruct traffic at a railroad crossing. Provides for the issuance of a notice of violation to the owner of the recorded vehicle. Establishes procedures for contesting the violation. Provides for civil adjudication of violations, in the same manner as automated red light violations. Provides that a civil fine of $250 shall be imposed for a first violation. Provides that a civil fine of $500 shall be imposed for a second or subsequent violation. Provides that the Secretary of State shall suspend the driving privileges of the registered owner of a vehicle that is involved in 5 of these violations for which the fine imposed has not been paid. Repeals the provision currently providing for the establishment of these systems. Makes other changes.
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FISCAL NOTE ACT MAY APPLY
A BILL FOR
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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 1-105.2, 6-306.5, 11-208, 11-208.3, and 11-1201.1 as
follows:
(625 ILCS 5/1-105.2)
Sec. 1-105.2. Automated traffic law violation. A violation
described in Section 11-208.6 or 11-1201.1 of this Code.
(Source: P.A. 94-795, eff. 5-22-06.)
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, or automated traffic law violations;
suspension of driving privileges.
(a) Upon receipt of a certified report, as prescribed by
subsection (c) of this Section, from any municipality stating
that the owner of a registered vehicle has: (1) failed to pay
any fine or penalty due and owing as a result of 10 or more
violations of a municipality's vehicular standing, parking, or
compliance regulations established by ordinance pursuant to
Section 11-208.3 of this Code, or (2) failed to pay any fine or
penalty due and owing as a result of 5 offenses for automated

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traffic violations as defined in Section 11-208.6 or 11-1201.1,
the Secretary of State shall suspend the driving privileges of
such person in accordance with the procedures set forth in this
Section. The Secretary shall also suspend the driving
privileges of an owner of a registered vehicle upon receipt of
a certified report, as prescribed by subsection (f) of this
Section, from any municipality stating that such person has
failed to satisfy any fines or penalties imposed by final
judgments for 5 or more automated traffic law violations or 10
or more violations of local standing, parking, or compliance
regulations after exhaustion of judicial review procedures.
(b) Following receipt of the certified report of the
municipality as specified in this Section, the Secretary of
State shall notify the person whose name appears on the
certified report that the person's drivers license will be
suspended at the end of a specified period of time unless the
Secretary of State is presented with a notice from the
municipality certifying that the fine or penalty due and owing
the municipality has been paid or that inclusion of that
person's name on the certified report was in error. The
Secretary's notice shall state in substance the information
contained in the municipality's certified report to the
Secretary, and shall be effective as specified by subsection
(c) of Section 6-211 of this Code.
(c) The report of the appropriate municipal official
notifying the Secretary of State of unpaid fines or penalties

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pursuant to this Section shall be certified and shall contain
the following:
(1) The name, last known address as recorded with the
Secretary of State, as provided by the lessor of the cited
vehicle at the time of lease, or as recorded in a United
States Post Office approved database if any notice sent
under Section 11-208.3 of this Code is returned as
undeliverable, and drivers license number of the person who
failed to pay the fine or penalty and the registration
number of any vehicle known to be registered to such person
in this State.
(2) The name of the municipality making the report
pursuant to this Section.
(3) A statement that the municipality sent a notice of
impending drivers license suspension as prescribed by
ordinance enacted pursuant to Section 11-208.3, to the
person named in the report at the address recorded with the
Secretary of State or at the last address known to the
lessor of the cited vehicle at the time of lease or, if any
notice sent under Section 11-208.3 of this Code is returned
as undeliverable, at the last known address recorded in a
United States Post Office approved database; the date on
which such notice was sent; and the address to which such
notice was sent. In a municipality with a population of
1,000,000 or more, the report shall also include a
statement that the alleged violator's State vehicle

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registration number and vehicle make, if specified on the
automated traffic law violation notice, are correct as they
appear on the citations.
(d) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall notify the
Secretary of State, in a form prescribed by the Secretary,
whenever a person named in the certified report has paid the
previously reported fine or penalty or whenever the
municipality determines that the original report was in error.
A certified copy of such notification shall also be given upon
request and at no additional charge to the person named
therein. Upon receipt of the municipality's notification or
presentation of a certified copy of such notification, the
Secretary of State shall terminate the suspension.
(e) Any municipality making a certified report to the
Secretary of State pursuant to this Section shall also by
ordinance establish procedures for persons to challenge the
accuracy of the certified report. The ordinance shall also
state the grounds for such a challenge, which may be limited to
(1) the person not having been the owner or lessee of the
vehicle or vehicles receiving 10 or more standing, parking, or
compliance violation notices or 5 or more automated traffic law
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
10 or more standing, parking, or compliance violations or 5 or
more automated traffic law violations indicated on the

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certified report.
(f) Any municipality, other than a municipality
establishing vehicular standing, parking, and compliance
regulations pursuant to Section 11-208.3 or automated traffic
law regulations under Section 11-208.6 or 11-1201.1, may also
cause a suspension of a person's drivers license pursuant to
this Section. Such municipality may invoke this sanction by
making a certified report to the Secretary of State upon a
person's failure to satisfy any fine or penalty imposed by
final judgment for 10 or more violations of local standing,
parking, or compliance regulations or 5 or more automated
traffic law violations after exhaustion of judicial review
procedures, but only if:
(1) the municipality complies with the provisions of
this Section in all respects except in regard to enacting
an ordinance pursuant to Section 11-208.3;
(2) the municipality has sent a notice of impending
drivers license suspension as prescribed by an ordinance
enacted pursuant to subsection (g) of this Section; and
(3) in municipalities with a population of 1,000,000 or
more, the municipality has verified that the alleged
violator's State vehicle registration number and vehicle
make are correct as they appear on the citations.
(g) Any municipality, other than a municipality
establishing standing, parking, and compliance regulations
pursuant to Section 11-208.3 or automated traffic law

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regulations under Section 11-208.6 or 11-1201.1, may provide by
ordinance for the sending of a notice of impending drivers
license suspension to the person who has failed to satisfy any
fine or penalty imposed by final judgment for 10 or more
violations of local standing, parking, or compliance
regulations or 5 or more automated traffic law violations after
exhaustion of judicial review procedures. An ordinance so
providing shall specify that the notice sent to the person
liable for any fine or penalty shall state that failure to pay
the fine or penalty owing within 45 days of the notice's date
will result in the municipality notifying the Secretary of
State that the person's drivers license is eligible for
suspension pursuant to this Section. The notice of impending
drivers license suspension shall be sent by first class United
States mail, postage prepaid, to the address recorded with the
Secretary of State or at the last address known to the lessor
of the cited vehicle at the time of lease or, if any notice
sent under Section 11-208.3 of this Code is returned as
undeliverable, to the last known address recorded in a United
States Post Office approved database.
(h) An administrative hearing to contest an impending
suspension or a suspension made pursuant to this Section may be
had upon filing a written request with the Secretary of State.
The filing fee for this hearing shall be $20, to be paid at the
time the request is made. A municipality which files a
certified report with the Secretary of State pursuant to this

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Section shall reimburse the Secretary for all reasonable costs
incurred by the Secretary as a result of the filing of the
report, including but not limited to the costs of providing the
notice required pursuant to subsection (b) and the costs
incurred by the Secretary in any hearing conducted with respect
to the report pursuant to this subsection and any appeal from
such a hearing.
(i) The provisions of this Section shall apply on and after
January 1, 1988.
(j) For purposes of this Section, the term "compliance
violation" is defined as in Section 11-208.3.
(Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Section 11-1306 of this Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways;
4. Designating particular highways as one-way highways

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and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks
subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of bicycles and requiring
the registration and licensing of same, including the
requirement of a registration fee;
9. Regulating or prohibiting the turning of vehicles or
specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place

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reserved for persons with disabilities, as defined by
Section 1-159.1, or disabled veterans by any person using a
motor vehicle not bearing registration plates specified in
Section 11-1301.1 or a special decal or device as defined
in Section 11-1301.2 as evidence that the vehicle is
operated by or for a person with disabilities or disabled
veteran;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under subsections 1,
4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
until signs giving reasonable notice of such local traffic
regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants
from prohibiting any person from driving or operating any motor
vehicle upon the roadways of such municipality with headlamps
on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule

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unit, may enact or enforce an ordinance that applies only to
motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion of
a highway for which federal or State funds have been used for
the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to wear
protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of this Code or a
similar provision of a local ordinance and imposing liability
on a registered owner of a vehicle used in such a violation.
(g) A municipality or county, as provided in Section
11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a

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vehicle used in such a violation.
(Source: P.A. 94-795, eff. 5-22-06.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles and automated traffic law violations.
(a) Any municipality may provide by ordinance for a system
of administrative adjudication of vehicular standing and
parking violations and vehicle compliance violations as
defined in this subsection and automated traffic law violations
as defined in Section 11-208.6 or 11-1201.1. The administrative
system shall have as its purpose the fair and efficient
enforcement of municipal regulations through the
administrative adjudication of automated traffic law
violations and violations of municipal ordinances regulating
the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal wheel tax
licenses within the municipality's borders. The administrative
system shall only have authority to adjudicate civil offenses
carrying fines not in excess of $250 that occur after the
effective date of the ordinance adopting such a system under
this Section. For purposes of this Section, "compliance
violation" means a violation of a municipal regulation
governing the condition or use of equipment on a vehicle or
governing the display of a municipal wheel tax license.

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(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute and process parking, compliance, and
automated traffic law violation notices and other notices
required by this Section, collect money paid as fines and
penalties for violation of parking and compliance
ordinances and automated traffic law violations, and
operate an administrative adjudication system. The traffic
compliance administrator also may make a certified report
to the Secretary of State under Section 6-306.5.
(2) A parking, standing, compliance, or automated
traffic law violation notice that shall specify the date,
time, and place of violation of a parking, standing,
compliance, or automated traffic law regulation; the
particular regulation violated; the fine and any penalty
that may be assessed for late payment, when so provided by
ordinance; the vehicle make and state registration number;
and the identification number of the person issuing the
notice. With regard to automated traffic law violations,
vehicle make shall be specified on the automated traffic
law violation notice if the make is available and readily
discernible. With regard to municipalities with a
population of 1 million or more, it shall be grounds for
dismissal of a parking violation if the state registration
number or vehicle make specified is incorrect. The

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violation notice shall state that the payment of the
indicated fine, and of any applicable penalty for late
payment, shall operate as a final disposition of the
violation. The notice also shall contain information as to
the availability of a hearing in which the violation may be
contested on its merits. The violation notice shall specify
the time and manner in which a hearing may be had.
(3) Service of the parking, standing, or compliance
violation notice by affixing the original or a facsimile of
the notice to an unlawfully parked vehicle or by handing
the notice to the operator of a vehicle if he or she is
present and service of an automated traffic law violation
notice by mail to the address of the registered owner of
the cited vehicle as recorded with the Secretary of State
within 30 days after the Secretary of State notifies the
municipality or county of the identity of the owner of the
vehicle, but in no event later than 90 days after the
violation. A person authorized by ordinance to issue and
serve parking, standing, and compliance violation notices
shall certify as to the correctness of the facts entered on
the violation notice by signing his or her name to the
notice at the time of service or in the case of a notice
produced by a computerized device, by signing a single
certificate to be kept by the traffic compliance
administrator attesting to the correctness of all notices
produced by the device while it was under his or her

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control. In the case of an automated traffic law violation,
the ordinance shall require a determination by a technician
employed or contracted by the municipality or county that,
based on inspection of recorded images, the motor vehicle
was being operated in violation of Section 11-208.6 or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. The original or a facsimile of the violation
notice or, in the case of a notice produced by a
computerized device, a printed record generated by the
device showing the facts entered on the notice, shall be
retained by the traffic compliance administrator, and
shall be a record kept in the ordinary course of business.
A parking, standing, compliance, or automated traffic law
violation notice issued, signed and served in accordance
with this Section, a copy of the notice, or the computer
generated record shall be prima facie correct and shall be
prima facie evidence of the correctness of the facts shown
on the notice. The notice, copy, or computer generated
record shall be admissible in any subsequent
administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,
compliance, or automated traffic law violation notice in

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which the owner may contest the merits of the alleged
violation, and during which formal or technical rules of
evidence shall not apply; provided, however, that under
Section 11-1306 of this Code the lessee of a vehicle cited
in the violation notice likewise shall be provided an
opportunity for a hearing of the same kind afforded the
registered owner. The hearings shall be recorded, and the
person conducting the hearing on behalf of the traffic
compliance administrator shall be empowered to administer
oaths and to secure by subpoena both the attendance and
testimony of witnesses and the production of relevant books
and papers. Persons appearing at a hearing under this
Section may be represented by counsel at their expense. The
ordinance may also provide for internal administrative
review following the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 of this Code, to the lessee of
the cited vehicle at the last address known to the lessor
of the cited vehicle at the time of lease or, if any notice
to that address is returned as undeliverable, to the last
known address recorded in a United States Post Office

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approved database. The service shall be deemed complete as
of the date of deposit in the United States mail. The
notices shall be in the following sequence and shall
include but not be limited to the information specified
herein:
(i) A second notice of parking, standing, or
compliance violation. This notice shall specify the
date and location of the violation cited in the
parking, standing, or compliance violation notice, the
particular regulation violated, the vehicle make and
state registration number, the fine and any penalty
that may be assessed for late payment when so provided
by ordinance, the availability of a hearing in which
the violation may be contested on its merits, and the
time and manner in which the hearing may be had. The
notice of violation shall also state that failure
either to pay the indicated fine and any applicable
penalty, or to appear at a hearing on the merits in the
time and manner specified, will result in a final
determination of violation liability for the cited
violation in the amount of the fine or penalty
indicated, and that, upon the occurrence of a final
determination of violation liability for the failure,
and the exhaustion of, or failure to exhaust, available
administrative or judicial procedures for review, any
unpaid fine or penalty will constitute a debt due and

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owing the municipality.
(ii) A notice of final determination of parking,
standing, compliance, or automated traffic law
violation liability. This notice shall be sent
following a final determination of parking, standing,
compliance, or automated traffic law violation
liability and the conclusion of judicial review
procedures taken under this Section. The notice shall
state that the unpaid fine or penalty is a debt due and
owing the municipality. The notice shall contain
warnings that failure to pay any fine or penalty due
and owing the municipality within the time specified
may result in the municipality's filing of a petition
in the Circuit Court to have the unpaid fine or penalty
rendered a judgment as provided by this Section, or may
result in suspension of the person's drivers license
for failure to pay fines or penalties for 10 or more
parking violations under Section 6-306.5 or 5 or more
automated traffic law violations under Section
11-208.6.
(6) A Notice of impending drivers license suspension.
This notice shall be sent to the person liable for any fine
or penalty that remains due and owing on 10 or more parking
violations or 5 or more unpaid automated traffic law
violations. The notice shall state that failure to pay the
fine or penalty owing within 45 days of the notice's date

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will result in the municipality notifying the Secretary of
State that the person is eligible for initiation of
suspension proceedings under Section 6-306.5 of this Code.
The notice shall also state that the person may obtain a
photostatic copy of an original ticket imposing a fine or
penalty by sending a self addressed, stamped envelope to
the municipality along with a request for the photostatic
copy. The notice of impending drivers license suspension
shall be sent by first class United States mail, postage
prepaid, to the address recorded with the Secretary of
State or, if any notice to that address is returned as
undeliverable, to the last known address recorded in a
United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to pay the fine or penalty after a
hearing officer's determination of violation liability and
the exhaustion of or failure to exhaust any administrative
review procedures provided by ordinance. Where a person
fails to appear at a hearing to contest the alleged
violation in the time and manner specified in a prior
mailed notice, the hearing officer's determination of
violation liability shall become final: (A) upon denial of
a timely petition to set aside that determination, or (B)
upon expiration of the period for filing the petition
without a filing having been made.

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(8) A petition to set aside a determination of parking,
standing, compliance, or automated traffic law violation
liability that may be filed by a person owing an unpaid
fine or penalty. The petition shall be filed with and ruled
upon by the traffic compliance administrator in the manner
and within the time specified by ordinance. The grounds for
the petition may be limited to: (A) the person not having
been the owner or lessee of the cited vehicle on the date
the violation notice was issued, (B) the person having
already paid the fine or penalty for the violation in
question, and (C) excusable failure to appear at or request
a new date for a hearing. With regard to municipalities
with a population of 1 million or more, it shall be grounds
for dismissal of a parking violation if the state
registration number, or vehicle make if specified, is
incorrect. After the determination of parking, standing,
compliance, or automated traffic law violation liability
has been set aside upon a showing of just cause, the
registered owner shall be provided with a hearing on the
merits for that violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality may
contest the merits of the alleged violation without
attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, or automated

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traffic law regulations enacted by ordinance pursuant to
this Section, and a schedule of penalties for late payment
of the fines, provided, however, that the total amount of
the fine and penalty for any one violation shall not exceed
$250, except as provided in subsection (c) of Section
11-1301.3 of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated in
this Section.
(c) Any municipality establishing vehicular standing,
parking, compliance, or automated traffic law regulations
under this Section may also provide by ordinance for a program
of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible
vehicle upon the public way by presence of a restraint in a
manner to prevent operation of the vehicle. Any ordinance
establishing a program of vehicle immobilization under this
Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle has
accumulated the number of unpaid final determinations of
parking, standing, compliance, or automated traffic law
violation liability as determined by ordinance.
(2) A notice of impending vehicle immobilization and a

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right to a hearing to challenge the validity of the notice
by disproving liability for the unpaid final
determinations of parking, standing, compliance, or
automated traffic law violation liability listed on the
notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without payment of
the outstanding fines and penalties on parking, standing,
compliance, or automated traffic law violations for which
final determinations have been issued. An order issued
after the hearing is a final administrative decision within
the meaning of Section 3-101 of the Code of Civil
Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, or automated traffic law violations and
final administrative decisions issued after hearings regarding
vehicle immobilization and impoundment made under this Section
shall be subject to the provisions of the Administrative Review
Law.
(e) Any fine, penalty, or part of any fine or any penalty
remaining unpaid after the exhaustion of, or the failure to
exhaust, administrative remedies created under this Section
and the conclusion of any judicial review procedures shall be a

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debt due and owing the municipality and, as such, may be
collected in accordance with applicable law. Payment in full of
any fine or penalty resulting from a standing, parking,
compliance, or automated traffic law violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, or automated traffic law
violation, the municipality may commence a proceeding in the
Circuit Court for purposes of obtaining a judgment on the final
determination of violation. Nothing in this Section shall
prevent a municipality from consolidating multiple final
determinations of parking, standing, compliance, or automated
traffic law violations against a person in a proceeding. Upon
commencement of the action, the municipality shall file a
certified copy or record of the final determination of parking,
standing, compliance, or automated traffic law violation,
which shall be accompanied by a certification that recites
facts sufficient to show that the final determination of
violation was issued in accordance with this Section and the
applicable municipal ordinance. Service of the summons and a
copy of the petition may be by any method provided by Section
2-203 of the Code of Civil Procedure or by certified mail,
return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking,
standing, compliance, or automated traffic law violations does

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not exceed $2500. If the court is satisfied that the final
determination of parking, standing, compliance, or automated
traffic law violation was entered in accordance with the
requirements of this Section and the applicable municipal
ordinance, and that the registered owner or the lessee, as the
case may be, had an opportunity for an administrative hearing
and for judicial review as provided in this Section, the court
shall render judgment in favor of the municipality and against
the registered owner or the lessee for the amount indicated in
the final determination of parking, standing, compliance, or
automated traffic law violation, plus costs. The judgment shall
have the same effect and may be enforced in the same manner as
other judgments for the recovery of money.
(Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06;
94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
(625 ILCS 5/11-1201.1)
Sec. 11-1201.1. Automated Railroad Crossing Enforcement
System Pilot Project.
(a) For the purposes of this Section, an automated railroad
grade crossing 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 local ordinance and is designed to obtain a clear
recorded image of the vehicle and vehicle's license plate. The
recorded image must also display the time, date, and location

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of the violation.
As used in this Section, "recorded images" means images
recorded by an automated railroad grade crossing 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. operated by a law enforcement agency that records
a driver's response to automatic, electrical or mechanical
signal devices and crossing gates. The system shall be
designed to obtain a clear photograph or other recorded
image of the vehicle, vehicle operator and the vehicle
registration plate of a vehicle in violation of Section
11-1201. The photograph or other recorded image shall also
display the time, date and location of the violation.
(b) The Illinois Commerce Commission may, in cooperation
with a local law enforcement agency, establish in any county or
municipality an automated railroad grade crossing enforcement
system at any railroad grade crossing designated by local
authorities. Local authorities desiring the establishment of
an automated railroad crossing enforcement system must
initiate the process by enacting a local ordinance requesting
the creation of such a system. After the ordinance has been

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enacted, and before any additional steps toward the
establishment of the system are undertaken, the local
authorities and the Commission must agree to a plan for
obtaining, from any combination of federal, State, and local
funding sources, the moneys required for the purchase and
installation of any necessary equipment. Commencing on January
1, 1996, the Illinois Commerce Commission and the Commuter Rail
Board of the Regional Transportation Authority shall, in
cooperation with local law enforcement agencies, establish a 5
year pilot program within a county with a population of between
750,000 and 1,000,000 using an automated railroad grade
crossing enforcement system. The Commission shall determine
the 3 railroad grade crossings within that county that pose the
greatest threat to human life based upon the number of
accidents and fatalities at the crossings during the past 5
years and with approval of the local law enforcement agency
equip the crossings with an automated railroad grade crossing
enforcement system.
(b-1) (Blank.) Commencing on July 20, 2001 (the effective
date of Public Act 92-98), the Illinois Commerce Commission and
the Commuter Rail Board may, in cooperation with the local law
enforcement agency, establish in a county with a population of
between 750,000 and 1,000,000 a 2 year pilot program using an
automated railroad grade crossing enforcement system. This
pilot program may be established at a railroad grade crossing
designated by local authorities. No State moneys may be

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expended on the automated railroad grade crossing enforcement
system established under this pilot program.
(c) For each violation of Section 11-1201 of this Code or a
local ordinance recorded by an automated railroad grade
crossing 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, no 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
date by which the civil penalty should be paid;
(8) a statement that recorded images are evidence of a
violation of a railroad grade crossing;
(9) a warning that failure to pay the civil penalty or
to contest liability in a timely manner is an admission of
liability and may result in a suspension of the driving
privileges of the registered owner of the vehicle; and

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(10) a statement that the person may elect to proceed
by:
(A) paying the fine; or
(B) challenging the charge in court, by mail, or by
administrative hearing. For each violation of Section
11-1201 recorded by an automatic railroad grade
crossing system, the local law enforcement agency
having jurisdiction shall issue a written Uniform
Traffic Citation of the violation to the registered
owner of the vehicle as the alleged violator. The
Uniform Traffic Citation shall be delivered to the
registered owner of the vehicle, by mail, within 30
days of the violation. The Uniform Traffic Citation
shall include the name and address of vehicle owner,
the vehicle registration number, the offense charged,
the time, date, and location of the violation, the
first available court date and that the basis of the
citation is the photograph or other recorded image from
the automated railroad grade crossing enforcement
system.
(d) If a person charged with a traffic violation, as a
result of an automated railroad grade crossing enforcement
system, does not pay 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 pay

HB3733 - 28 - LRB096 09364 AJT 19521 b
any fine or penalty due and owing as a result of 5 violations
of the automated railroad grade crossing enforcement system.
The Uniform Traffic Citation issued to the registered owner of
the vehicle shall be accompanied by a written notice, the
contents of which is set forth in subsection (d-1) of this
Section, explaining how the registered owner of the vehicle can
elect to proceed by either paying the fine or challenging the
issuance of the Uniform Traffic Citation.
(d-1) (Blank.) The written notice explaining the alleged
violator's rights and obligations must include the following
text:
"You have been served with the accompanying Uniform Traffic
Citation and cited with having violated Section 11-1201 of the
Illinois Vehicle Code. You can elect to proceed by:
1. Paying the fine; or
2. Challenging the issuance of the Uniform Traffic
Citation in court; or
3. If you were not the operator of the vehicle at the
time of the alleged offense, notifying in writing the local
law enforcement agency that issued the Uniform Traffic
Citation of the number of the Uniform Traffic Citation
received and the name and address of the person operating
the vehicle at the time of the alleged offense. If you fail
to so notify in writing the local law enforcement agency of
the name and address of the operator of the vehicle at the
time of the alleged offense, you may be presumed to have

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been the operator of the vehicle at the time of the alleged
offense."
(d-2) (Blank.) If the registered owner of the vehicle was
not the operator of the vehicle at the time of the alleged
offense, and if the registered owner notifies the local law
enforcement agency having jurisdiction of the name and address
of the operator of the vehicle at the time of the alleged
offense, the local law enforcement agency having jurisdiction
shall then issue a written Uniform Traffic Citation to the
person alleged by the registered owner to have been the
operator of the vehicle at the time of the alleged offense. If
the registered owner fails to notify in writing the local law
enforcement agency having jurisdiction of the name and address
of the operator of the vehicle at the time of the alleged
offense, the registered owner may be presumed to have been the
operator of the vehicle at the time of the alleged offense.
(e) Based on inspection of recorded images produced by an
automated railroad grade crossing 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. Evidence.
(i) A certificate alleging that a violation of Section
11-1201 occurred, sworn to or affirmed by a duly authorized
agency, based on inspection of recorded images produced by
an automated railroad crossing enforcement system are
evidence of the facts contained in the certificate and are

HB3733 - 30 - LRB096 09364 AJT 19521 b
admissible in any proceeding alleging a violation under
this Section.
(ii) Photographs or recorded images made by an
automatic railroad grade crossing 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
Section 11-1201 of the Illinois Vehicle Code. The
photographs may also be made available to governmental
agencies for the purpose of a safety analysis of the
crossing where the automatic railroad grade crossing
enforcement system is installed. However, any photograph
or other recorded image evidencing a violation of Section
11-1201 shall be admissible in any proceeding resulting
from the issuance of the Uniform Traffic Citation when
there is reasonable and sufficient proof of the accuracy of
the camera or electronic instrument recording the image.
There is a rebuttable presumption that the photograph or
recorded image is accurate if the camera or electronic
recording instrument was in good working order at the
beginning and the end of the day of the alleged offense.
(e-1) Recorded images made by an automated railroad grade
crossing 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

HB3733 - 31 - LRB096 09364 AJT 19521 b
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.
(e-2) The court or hearing officer may consider the
following in the 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 motor vehicle received a
Uniform Traffic Citation from a police officer at the time
of the violation for the same offense;
(3) any other evidence or issues provided by municipal
or county ordinance.
(e-3) 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.
(f) Rail crossings equipped with an automatic railroad
grade crossing enforcement system shall be posted with a sign
visible to approaching traffic stating that the railroad grade
crossing is being monitored, that citations will be issued, and
the amount of the fine for violation.

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(g) The compensation paid for an automated railroad grade
crossing enforcement system must be based on the value of the
equipment or the services provided and may not be based on the
number of citations issued or the revenue generated by the
system. Except as provided in subsection (b-1), the cost of the
installation and maintenance of each automatic railroad grade
crossing enforcement system shall be paid from the Grade
Crossing Protection Fund if the rail line is not owned by
Commuter Rail Board of the Regional Transportation Authority.
Except as provided in subsection (b-1), if the rail line is
owned by the Commuter Rail Board of the Regional Transportation
Authority, the costs of the installation and maintenance shall
be paid from the Regional Transportation Authority's portion of
the Public Transportation Fund.
(h) (Blank.) The Illinois Commerce Commission shall issue a
report to the General Assembly at the conclusion of the 5 year
pilot program established under subsection (b) on the
effectiveness of the automatic railroad grade crossing
enforcement system.
(i) If any part or parts of this Section are held by a
court of competent jurisdiction to be unconstitutional, the
unconstitutionality shall not affect the validity of the
remaining parts of this Section. The General Assembly hereby
declares that it would have passed the remaining parts of this
Section if it had known that the other part or parts of this
Section would be declared unconstitutional.

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(j) Penalty. (i) A violation of this Section is a petty
offense for which a civil fine of $250 shall be imposed for a
first violation of this Section, and a civil fine of $500 shall
be imposed for a second or subsequent violation of this
Section. The court may impose 25 hours of community service in
place of the $250 fine for the first violation.
(ii) For a second or subsequent violation, the
Secretary of State may suspend the registration of the
motor vehicle for a period of at least 6 months.
(Source: P.A. 94-771, eff. 1-1-07.)
(625 ILCS 5/11-1201.5 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Section 11-1201.5.
HB3733 - 34 - LRB096 09364 AJT 19521 b
INDEX
Statutes amended in order of appearance
625 ILCS 5/1-105.2
625 ILCS 5/6-306.5 from Ch. 95 1/2, par. 6-306.5
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
625 ILCS 5/11-1201.1
625 ILCS 5/11-1201.5 rep.