Bill Text: IL HB4352 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that in an administrative hearing in which the owner of a vehicle may contest the merits of an alleged automated traffic law violation, the violation must be proven beyond a reasonable doubt and the formal or technical rules of evidence that apply in court proceedings on moving traffic violations apply in the administrative hearing.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4352 Detail]
Download: Illinois-2019-HB4352-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 11-208.3 as follows:
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6 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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7 | (Text of Section before amendment by P.A. 101-623 )
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8 | Sec. 11-208.3. Administrative adjudication of violations | |||||||||||||||||||
9 | of traffic
regulations concerning the standing, parking, or | |||||||||||||||||||
10 | condition of
vehicles, automated traffic law violations, and | |||||||||||||||||||
11 | automated speed enforcement system violations.
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12 | (a) Any municipality or county may provide by ordinance for | |||||||||||||||||||
13 | a system of
administrative adjudication of vehicular standing | |||||||||||||||||||
14 | and parking violations and
vehicle compliance violations as | |||||||||||||||||||
15 | described in this subsection, automated traffic law violations | |||||||||||||||||||
16 | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | |||||||||||||||||||
17 | automated speed enforcement system violations as defined in | |||||||||||||||||||
18 | Section 11-208.8.
The administrative system shall have as its | |||||||||||||||||||
19 | purpose the fair and
efficient enforcement of municipal or | |||||||||||||||||||
20 | county regulations through the
administrative adjudication of | |||||||||||||||||||
21 | automated speed enforcement system or automated traffic law | |||||||||||||||||||
22 | violations and violations of municipal or county ordinances
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23 | regulating the standing and parking of vehicles, the condition |
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1 | and use of
vehicle equipment, and the display of municipal or | ||||||
2 | county wheel tax licenses within the
municipality's
or county's | ||||||
3 | borders. The administrative system shall only have authority to | ||||||
4 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
5 | or requiring the completion of a traffic education program, or | ||||||
6 | both, that occur after the
effective date of the ordinance | ||||||
7 | adopting such a system under this Section.
For purposes of this | ||||||
8 | Section, "compliance violation" means a violation of a
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9 | municipal or county regulation governing the condition or use | ||||||
10 | of equipment on a vehicle
or governing the display of a | ||||||
11 | municipal or county wheel tax license.
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12 | (b) Any ordinance establishing a system of administrative | ||||||
13 | adjudication
under this Section shall provide for:
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14 | (1) A traffic compliance administrator authorized to
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15 | adopt, distribute , and
process parking, compliance, and | ||||||
16 | automated speed enforcement system or automated traffic | ||||||
17 | law violation notices and other notices required
by this
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18 | Section, collect money paid as fines and penalties for | ||||||
19 | violation of parking
and compliance
ordinances and | ||||||
20 | automated speed enforcement system or automated traffic | ||||||
21 | law violations, and operate an administrative adjudication | ||||||
22 | system. The traffic
compliance
administrator also may make | ||||||
23 | a certified report to the Secretary of State
under Section | ||||||
24 | 6-306.5.
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25 | (2) A parking, standing, compliance, automated speed | ||||||
26 | enforcement system, or automated traffic law violation |
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1 | notice
that
shall specify or include the date,
time, and | ||||||
2 | place of violation of a parking, standing,
compliance, | ||||||
3 | automated speed enforcement system, or automated traffic | ||||||
4 | law
regulation; the particular regulation
violated; any | ||||||
5 | requirement to complete a traffic education program; the | ||||||
6 | fine and any penalty that may be assessed for late payment | ||||||
7 | or failure to complete a required traffic education | ||||||
8 | program, or both,
when so provided by ordinance; the | ||||||
9 | vehicle make or a photograph of the vehicle; the state | ||||||
10 | registration
number of the vehicle; and the identification | ||||||
11 | number of the
person issuing the notice.
With regard to | ||||||
12 | automated speed enforcement system or automated traffic | ||||||
13 | law violations, vehicle make shall be specified on the | ||||||
14 | automated speed enforcement system or automated traffic | ||||||
15 | law violation notice if the notice does not include a | ||||||
16 | photograph of the vehicle and the make is available and | ||||||
17 | readily discernible. With regard to municipalities or | ||||||
18 | counties with a population of 1 million or more, it
shall | ||||||
19 | be grounds for
dismissal of a parking
violation if the | ||||||
20 | state registration number or vehicle make specified is
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21 | incorrect. The violation notice shall state that the | ||||||
22 | completion of any required traffic education program, the | ||||||
23 | payment of any indicated
fine, and the payment of any | ||||||
24 | applicable penalty for late payment or failure to complete | ||||||
25 | a required traffic education program, or both, shall | ||||||
26 | operate as a
final disposition of the violation. The notice |
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1 | also shall contain
information as to the availability of a | ||||||
2 | hearing in which the violation may
be contested on its | ||||||
3 | merits. The violation notice shall specify the
time and | ||||||
4 | manner in which a hearing may be had.
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5 | (3) Service of a parking, standing, or compliance
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6 | violation notice by: (i) affixing the
original or a | ||||||
7 | facsimile of the notice to an unlawfully parked or standing | ||||||
8 | vehicle; (ii)
handing the notice to the operator of a | ||||||
9 | vehicle if he or she is
present; or (iii) mailing the | ||||||
10 | notice to the address of the registered owner or lessee of | ||||||
11 | the cited vehicle as recorded with the Secretary of State | ||||||
12 | or the lessor of the motor vehicle within 30 days after the | ||||||
13 | Secretary of State or the lessor of the motor vehicle | ||||||
14 | notifies the municipality or county of the identity of the | ||||||
15 | owner or lessee of the vehicle, but not later than 90 days | ||||||
16 | after the date of the violation, except that in the case of | ||||||
17 | a lessee of a motor vehicle, service of a parking, | ||||||
18 | standing, or compliance violation notice may occur no later | ||||||
19 | than 210 days after the violation; and service of an | ||||||
20 | automated speed enforcement system or automated traffic | ||||||
21 | law violation notice by mail to the
address
of the | ||||||
22 | registered owner or lessee of the cited vehicle as recorded | ||||||
23 | with the Secretary of
State or the lessor of the motor | ||||||
24 | vehicle within 30 days after the Secretary of State or the | ||||||
25 | lessor of the motor vehicle notifies the municipality or | ||||||
26 | county of the identity of the owner or lessee of the |
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1 | vehicle, but not later than 90 days after the violation, | ||||||
2 | except that in the case of a lessee of a motor vehicle, | ||||||
3 | service of an automated traffic law violation notice may | ||||||
4 | occur no later than 210 days after the violation. A person | ||||||
5 | authorized by ordinance to issue and serve parking,
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6 | standing, and compliance
violation notices shall certify | ||||||
7 | as to the correctness of the facts entered
on the violation | ||||||
8 | notice by signing his or her name to the notice at
the time | ||||||
9 | of service or , in the case of a notice produced by a | ||||||
10 | computerized
device, by signing a single certificate to be | ||||||
11 | kept by the traffic
compliance
administrator attesting to | ||||||
12 | the correctness of all notices produced by the
device while | ||||||
13 | it was under his or her control. In the case of an | ||||||
14 | automated traffic law violation, the ordinance shall
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15 | require
a
determination by a technician employed or | ||||||
16 | contracted by the municipality or county that,
based on | ||||||
17 | inspection of recorded images, the motor vehicle was being | ||||||
18 | operated in
violation of Section 11-208.6, 11-208.9, or | ||||||
19 | 11-1201.1 or a local ordinance.
If the technician | ||||||
20 | determines that the
vehicle entered the intersection as | ||||||
21 | part of a funeral procession or in order to
yield the | ||||||
22 | right-of-way to an emergency vehicle, a citation shall not | ||||||
23 | be issued. In municipalities with a population of less than | ||||||
24 | 1,000,000 inhabitants and counties with a population of | ||||||
25 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
26 | ordinance shall require that all determinations by a |
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1 | technician that a motor vehicle was being operated in
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2 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||||||
3 | local ordinance must be reviewed and approved by a law | ||||||
4 | enforcement officer or retired law enforcement officer of | ||||||
5 | the municipality or county issuing the violation. In | ||||||
6 | municipalities with a population of 1,000,000 or more | ||||||
7 | inhabitants and counties with a population of 3,000,000 or | ||||||
8 | more inhabitants, the automated traffic law ordinance | ||||||
9 | shall require that all determinations by a technician that | ||||||
10 | a motor vehicle was being operated in
violation of Section | ||||||
11 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||||||
12 | be reviewed and approved by a law enforcement officer or | ||||||
13 | retired law enforcement officer of the municipality or | ||||||
14 | county issuing the violation or by an additional fully | ||||||
15 | trained fully-trained reviewing technician who is not | ||||||
16 | employed by the contractor who employs the technician who | ||||||
17 | made the initial determination. In the case of an automated | ||||||
18 | speed enforcement system violation, the ordinance shall | ||||||
19 | require a determination by a technician employed by the | ||||||
20 | municipality, based upon an inspection of recorded images, | ||||||
21 | video or other documentation, including documentation of | ||||||
22 | the speed limit and automated speed enforcement signage, | ||||||
23 | and documentation of the inspection, calibration, and | ||||||
24 | certification of the speed equipment, that the vehicle was | ||||||
25 | being operated in violation of Article VI of Chapter 11 of | ||||||
26 | this Code or a similar local ordinance. If the technician |
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1 | determines that the vehicle speed was not determined by a | ||||||
2 | calibrated, certified speed equipment device based upon | ||||||
3 | the speed equipment documentation, or if the vehicle was an | ||||||
4 | emergency vehicle, a citation may not be issued. The | ||||||
5 | automated speed enforcement ordinance shall require that | ||||||
6 | all determinations by a technician that a violation | ||||||
7 | occurred be reviewed and approved by a law enforcement | ||||||
8 | officer or retired law enforcement officer of the | ||||||
9 | municipality issuing the violation or by an additional | ||||||
10 | fully trained reviewing technician who is not employed by | ||||||
11 | the contractor who employs the technician who made the | ||||||
12 | initial determination. Routine and independent calibration | ||||||
13 | of the speeds produced by automated speed enforcement | ||||||
14 | systems and equipment shall be conducted annually by a | ||||||
15 | qualified technician. Speeds produced by an automated | ||||||
16 | speed enforcement system shall be compared with speeds | ||||||
17 | produced by lidar or other independent equipment. Radar or | ||||||
18 | lidar equipment shall undergo an internal validation test | ||||||
19 | no less frequently than once each week. Qualified | ||||||
20 | technicians shall test loop-based loop based equipment no | ||||||
21 | less frequently than once a year. Radar equipment shall be | ||||||
22 | checked for accuracy by a qualified technician when the | ||||||
23 | unit is serviced, when unusual or suspect readings persist, | ||||||
24 | or when deemed necessary by a reviewing technician. Radar | ||||||
25 | equipment shall be checked with the internal frequency | ||||||
26 | generator and the internal circuit test whenever the radar |
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1 | is turned on. Technicians must be alert for any unusual or | ||||||
2 | suspect readings, and if unusual or suspect readings of a | ||||||
3 | radar unit persist, that unit shall immediately be removed | ||||||
4 | from service and not returned to service until it has been | ||||||
5 | checked by a qualified technician and determined to be | ||||||
6 | functioning properly. Documentation of the annual | ||||||
7 | calibration results, including the equipment tested, test | ||||||
8 | date, technician performing the test, and test results, | ||||||
9 | shall be maintained and available for use in the | ||||||
10 | determination of an automated speed enforcement system | ||||||
11 | violation and issuance of a citation. The technician | ||||||
12 | performing the calibration and testing of the automated | ||||||
13 | speed enforcement equipment shall be trained and certified | ||||||
14 | in the use of equipment for speed enforcement purposes. | ||||||
15 | Training on the speed enforcement equipment may be | ||||||
16 | conducted by law enforcement, civilian, or manufacturer's | ||||||
17 | personnel and if applicable may be equivalent to the | ||||||
18 | equipment use and operations training included in the Speed | ||||||
19 | Measuring Device Operator Program developed by the | ||||||
20 | National Highway Traffic Safety Administration (NHTSA). | ||||||
21 | The vendor or technician who performs the work shall keep | ||||||
22 | accurate records on each piece of equipment the technician | ||||||
23 | calibrates and tests. As used in this paragraph, " fully | ||||||
24 | trained fully-trained reviewing technician" means a person | ||||||
25 | who has received at least 40 hours of supervised training | ||||||
26 | in subjects which shall include image inspection and |
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1 | interpretation, the elements necessary to prove a | ||||||
2 | violation, license plate identification, and traffic | ||||||
3 | safety and management. In all municipalities and counties, | ||||||
4 | the automated speed enforcement system or automated | ||||||
5 | traffic law ordinance shall require that no additional fee | ||||||
6 | shall be charged to the alleged violator for exercising his | ||||||
7 | or her right to an administrative hearing, and persons | ||||||
8 | shall be given at least 25 days following an administrative | ||||||
9 | hearing to pay any civil penalty imposed by a finding that | ||||||
10 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | ||||||
11 | similar local ordinance has been violated. The original or | ||||||
12 | a
facsimile of the violation notice or, in the case of a | ||||||
13 | notice produced by a
computerized device, a printed record | ||||||
14 | generated by the device showing the facts
entered on the | ||||||
15 | notice, shall be retained by the
traffic compliance
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16 | administrator, and shall be a record kept in the ordinary | ||||||
17 | course of
business. A parking, standing, compliance, | ||||||
18 | automated speed enforcement system, or automated traffic | ||||||
19 | law violation notice issued,
signed , and served in
| ||||||
20 | accordance with this Section, a copy of the notice, or the | ||||||
21 | computer-generated computer
generated record shall be | ||||||
22 | prima facie
correct and shall be prima facie evidence of | ||||||
23 | the correctness of the facts
shown on the notice. The | ||||||
24 | notice, copy, or computer-generated computer generated
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25 | record shall be admissible in any
subsequent | ||||||
26 | administrative or legal proceedings.
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1 | (4) An opportunity for a hearing for the registered | ||||||
2 | owner of the
vehicle cited in the parking, standing, | ||||||
3 | compliance, automated speed enforcement system, or | ||||||
4 | automated traffic law violation notice in
which the owner | ||||||
5 | may
contest the merits of the alleged violation, and during | ||||||
6 | which formal or
technical rules of evidence shall not | ||||||
7 | apply; provided, however, that under
Section 11-1306 of | ||||||
8 | this Code the lessee of a vehicle cited in the
violation | ||||||
9 | notice likewise shall be provided an opportunity for a | ||||||
10 | hearing of
the same kind afforded the registered owner. The | ||||||
11 | hearings shall be
recorded, and the person conducting the | ||||||
12 | hearing on behalf of the traffic
compliance
administrator | ||||||
13 | shall be empowered to administer oaths and to secure by
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14 | subpoena both the attendance and testimony of witnesses and | ||||||
15 | the production
of relevant books and papers. Persons | ||||||
16 | appearing at a hearing under this
Section may be | ||||||
17 | represented by counsel at their expense. The ordinance may
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18 | also provide for internal administrative review following | ||||||
19 | the decision of
the hearing officer.
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20 | (5) Service of additional notices, sent by first class | ||||||
21 | United States
mail, postage prepaid, to the address of the | ||||||
22 | registered owner of the cited
vehicle as recorded with the | ||||||
23 | Secretary of State or, if any notice to that address is | ||||||
24 | returned as undeliverable, to the last known address | ||||||
25 | recorded in a United States Post Office approved database,
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26 | or, under Section 11-1306
or subsection (p) of Section |
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1 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
2 | of this Code, to the lessee of the cited vehicle at the | ||||||
3 | last address known
to the lessor of the cited vehicle at | ||||||
4 | the time of lease or, if any notice to that address is | ||||||
5 | returned as undeliverable, to the last known address | ||||||
6 | recorded in a United States Post Office approved database.
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7 | The service shall
be deemed complete as of the date of | ||||||
8 | deposit in the United States mail.
The notices shall be in | ||||||
9 | the following sequence and shall include , but not be
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10 | limited to , the information specified herein:
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11 | (i) A second notice of parking, standing, or | ||||||
12 | compliance violation if the first notice of the | ||||||
13 | violation was issued by affixing the original or a | ||||||
14 | facsimile of the notice to the unlawfully parked | ||||||
15 | vehicle or by handing the notice to the operator. This | ||||||
16 | notice shall specify or include the
date and location | ||||||
17 | of the violation cited in the parking,
standing,
or | ||||||
18 | compliance violation
notice, the particular regulation | ||||||
19 | violated, the vehicle
make or a photograph of the | ||||||
20 | vehicle, the state registration number of the vehicle, | ||||||
21 | any requirement to complete a traffic education | ||||||
22 | program, the fine and any penalty that may be
assessed | ||||||
23 | for late payment or failure to complete a traffic | ||||||
24 | education program, or both, when so provided by | ||||||
25 | ordinance, the availability
of a hearing in which the | ||||||
26 | violation may be contested on its merits, and the
time |
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1 | and manner in which the hearing may be had. The notice | ||||||
2 | of violation
shall also state that failure to complete | ||||||
3 | a required traffic education program, to pay the | ||||||
4 | indicated fine and any
applicable penalty, or to appear | ||||||
5 | at a hearing on the merits in the time and
manner | ||||||
6 | specified, will result in a final determination of | ||||||
7 | violation
liability for the cited violation in the | ||||||
8 | amount of the fine or penalty
indicated, and that, upon | ||||||
9 | the occurrence of a final determination of violation | ||||||
10 | liability for the failure, and the exhaustion of, or
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11 | failure to exhaust, available administrative or | ||||||
12 | judicial procedures for
review, any incomplete traffic | ||||||
13 | education program or any unpaid fine or penalty, or | ||||||
14 | both, will constitute a debt due and owing
the | ||||||
15 | municipality or county.
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16 | (ii) A notice of final determination of parking, | ||||||
17 | standing,
compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation liability.
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19 | This notice shall be sent following a final | ||||||
20 | determination of parking,
standing, compliance, | ||||||
21 | automated speed enforcement system, or automated | ||||||
22 | traffic law
violation liability and the conclusion of | ||||||
23 | judicial review procedures taken
under this Section. | ||||||
24 | The notice shall state that the incomplete traffic | ||||||
25 | education program or the unpaid fine or
penalty, or | ||||||
26 | both, is a debt due and owing the municipality or |
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1 | county. The notice shall contain
warnings that failure | ||||||
2 | to complete any required traffic education program or | ||||||
3 | to pay any fine or penalty due and owing the
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4 | municipality or county, or both, within the time | ||||||
5 | specified may result in the municipality's
or county's | ||||||
6 | filing of a petition in the Circuit Court to have the | ||||||
7 | incomplete traffic education program or unpaid
fine or | ||||||
8 | penalty, or both, rendered a judgment as provided by | ||||||
9 | this Section, or may
result in suspension of the | ||||||
10 | person's driver's drivers license for failure to | ||||||
11 | complete a traffic education program or to pay
fines or | ||||||
12 | penalties, or both, for 10 or more parking violations | ||||||
13 | under Section 6-306.5, or a combination of 5 or more | ||||||
14 | automated traffic law violations under Section | ||||||
15 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
16 | system violations under Section 11-208.8.
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17 | (6) A notice of impending driver's drivers license | ||||||
18 | suspension. This
notice shall be sent to the person liable | ||||||
19 | for failure to complete a required traffic education | ||||||
20 | program or to pay any fine or penalty that
remains due and | ||||||
21 | owing, or both, on 10 or more parking
violations or | ||||||
22 | combination of 5 or more unpaid automated speed enforcement | ||||||
23 | system or automated traffic law violations. The notice
| ||||||
24 | shall state that failure to complete a required traffic | ||||||
25 | education program or to pay the fine or penalty owing, or | ||||||
26 | both, within 45 days of
the notice's date will result in |
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1 | the municipality or county notifying the Secretary
of State | ||||||
2 | that the person is eligible for initiation of suspension
| ||||||
3 | proceedings under Section 6-306.5 of this Code. The notice | ||||||
4 | shall also state
that the person may obtain a photostatic | ||||||
5 | copy of an original ticket imposing a
fine or penalty by | ||||||
6 | sending a self-addressed self addressed , stamped envelope | ||||||
7 | to the
municipality or county along with a request for the | ||||||
8 | photostatic copy.
The notice of impending driver's
drivers | ||||||
9 | license suspension shall be sent by first class United | ||||||
10 | States mail,
postage prepaid, to the address recorded with | ||||||
11 | the Secretary of State or, if any notice to that address is | ||||||
12 | returned as undeliverable, to the last known address | ||||||
13 | recorded in a United States Post Office approved database.
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14 | (7) Final determinations of violation liability. A | ||||||
15 | final
determination of violation liability shall occur | ||||||
16 | following failure to complete the required traffic | ||||||
17 | education program or
to pay the fine or penalty, or both, | ||||||
18 | after a hearing officer's determination of violation | ||||||
19 | liability and the exhaustion of or failure to exhaust any
| ||||||
20 | administrative review procedures provided by ordinance. | ||||||
21 | Where a person
fails to appear at a hearing to contest the | ||||||
22 | alleged violation in the time
and manner specified in a | ||||||
23 | prior mailed notice, the hearing officer's
determination | ||||||
24 | of violation liability shall become final: (A) upon
denial | ||||||
25 | of a timely petition to set aside that determination, or | ||||||
26 | (B) upon
expiration of the period for filing the petition |
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1 | without a
filing having been made.
| ||||||
2 | (8) A petition to set aside a determination of parking, | ||||||
3 | standing,
compliance, automated speed enforcement system, | ||||||
4 | or automated traffic law violation
liability that may be | ||||||
5 | filed by a person owing an unpaid fine or penalty. A | ||||||
6 | petition to set aside a determination of liability may also | ||||||
7 | be filed by a person required to complete a traffic | ||||||
8 | education program.
The petition shall be filed with and | ||||||
9 | ruled upon by the traffic compliance
administrator in the | ||||||
10 | manner and within the time specified by ordinance.
The | ||||||
11 | grounds for the petition may be limited to: (A) the person | ||||||
12 | not having
been the owner or lessee of the cited vehicle on | ||||||
13 | the date the
violation notice was issued, (B) the person | ||||||
14 | having already completed the required traffic education | ||||||
15 | program or paid the fine or
penalty, or both, for the | ||||||
16 | violation in question, and (C) excusable failure to
appear | ||||||
17 | at or
request a new date for a hearing.
With regard to | ||||||
18 | municipalities or counties with a population of 1 million | ||||||
19 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
20 | violation if the state registration number or vehicle make, | ||||||
21 | only if specified in the violation notice, is
incorrect. | ||||||
22 | After the determination of
parking, standing, compliance, | ||||||
23 | automated speed enforcement system, or automated traffic | ||||||
24 | law violation liability has been set aside
upon a showing | ||||||
25 | of just
cause, the registered owner shall be provided with | ||||||
26 | a hearing on the merits
for that violation.
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1 | (9) Procedures for non-residents. Procedures by which | ||||||
2 | persons who are
not residents of the municipality or county | ||||||
3 | may contest the merits of the alleged
violation without | ||||||
4 | attending a hearing.
| ||||||
5 | (10) A schedule of civil fines for violations of | ||||||
6 | vehicular standing,
parking, compliance, automated speed | ||||||
7 | enforcement system, or automated traffic law regulations | ||||||
8 | enacted by ordinance pursuant to this
Section, and a
| ||||||
9 | schedule of penalties for late payment of the fines or | ||||||
10 | failure to complete required traffic education programs, | ||||||
11 | provided, however,
that the total amount of the fine and | ||||||
12 | penalty for any one violation shall
not exceed $250, except | ||||||
13 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
14 | Code.
| ||||||
15 | (11) Other provisions as are necessary and proper to | ||||||
16 | carry into
effect the powers granted and purposes stated in | ||||||
17 | this Section.
| ||||||
18 | (c) Any municipality or county establishing vehicular | ||||||
19 | standing, parking,
compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law
regulations under this Section | ||||||
21 | may also provide by ordinance for a
program of vehicle | ||||||
22 | immobilization for the purpose of facilitating
enforcement of | ||||||
23 | those regulations. The program of vehicle
immobilization shall | ||||||
24 | provide for immobilizing any eligible vehicle upon the
public | ||||||
25 | way by presence of a restraint in a manner to prevent operation | ||||||
26 | of
the vehicle. Any ordinance establishing a program of vehicle
|
| |||||||
| |||||||
1 | immobilization under this Section shall provide:
| ||||||
2 | (1) Criteria for the designation of vehicles eligible | ||||||
3 | for
immobilization. A vehicle shall be eligible for | ||||||
4 | immobilization when the
registered owner of the vehicle has | ||||||
5 | accumulated the number of incomplete traffic education | ||||||
6 | programs or unpaid final
determinations of parking, | ||||||
7 | standing, compliance, automated speed enforcement system, | ||||||
8 | or automated traffic law violation liability, or both, as
| ||||||
9 | determined by ordinance.
| ||||||
10 | (2) A notice of impending vehicle immobilization and a | ||||||
11 | right to a
hearing to challenge the validity of the notice | ||||||
12 | by disproving liability
for the incomplete traffic | ||||||
13 | education programs or unpaid final determinations of | ||||||
14 | parking, standing, compliance, automated speed enforcement | ||||||
15 | system, or automated traffic law
violation liability, or | ||||||
16 | both, listed
on the notice.
| ||||||
17 | (3) The right to a prompt hearing after a vehicle has | ||||||
18 | been immobilized
or subsequently towed without the | ||||||
19 | completion of the required traffic education program or | ||||||
20 | payment of the outstanding fines and
penalties on parking, | ||||||
21 | standing, compliance, automated speed enforcement system, | ||||||
22 | or automated traffic law violations, or both, for which | ||||||
23 | final
determinations have been
issued. An order issued | ||||||
24 | after the hearing is a final administrative
decision within | ||||||
25 | the meaning of Section 3-101 of the Code of Civil | ||||||
26 | Procedure.
|
| |||||||
| |||||||
1 | (4) A post immobilization and post-towing notice | ||||||
2 | advising the registered
owner of the vehicle of the right | ||||||
3 | to a hearing to challenge the validity
of the impoundment.
| ||||||
4 | (d) Judicial review of final determinations of parking, | ||||||
5 | standing,
compliance, automated speed enforcement system, or | ||||||
6 | automated traffic law
violations and final administrative | ||||||
7 | decisions issued after hearings
regarding vehicle | ||||||
8 | immobilization and impoundment made
under this Section shall be | ||||||
9 | subject to the provisions of
the Administrative Review Law.
| ||||||
10 | (e) Any fine, penalty, incomplete traffic education | ||||||
11 | program, or part of any fine or any penalty remaining
unpaid | ||||||
12 | after the exhaustion of, or the failure to exhaust, | ||||||
13 | administrative
remedies created under this Section and the | ||||||
14 | conclusion of any judicial
review procedures shall be a debt | ||||||
15 | due and owing the municipality or county and, as
such, may be | ||||||
16 | collected in accordance with applicable law. Completion of any | ||||||
17 | required traffic education program and payment in full
of any | ||||||
18 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
19 | automated speed enforcement system, or automated traffic law | ||||||
20 | violation shall
constitute a final disposition of that | ||||||
21 | violation.
| ||||||
22 | (f) After the expiration of the period within which | ||||||
23 | judicial review may
be sought for a final determination of | ||||||
24 | parking, standing, compliance, automated speed enforcement | ||||||
25 | system, or automated traffic law
violation, the municipality
or | ||||||
26 | county may commence a proceeding in the Circuit Court for |
| |||||||
| |||||||
1 | purposes of obtaining a
judgment on the final determination of | ||||||
2 | violation. Nothing in this
Section shall prevent a municipality | ||||||
3 | or county from consolidating multiple final
determinations of | ||||||
4 | parking, standing, compliance, automated speed enforcement | ||||||
5 | system, or automated traffic law violations against a
person in | ||||||
6 | a proceeding.
Upon commencement of the action, the municipality | ||||||
7 | or county shall file a certified
copy or record of the final | ||||||
8 | determination of parking, standing, compliance, automated | ||||||
9 | speed enforcement system, or automated traffic law
violation, | ||||||
10 | which shall be
accompanied by a certification that recites | ||||||
11 | facts sufficient to show that
the final determination of | ||||||
12 | violation was
issued in accordance with this Section and the | ||||||
13 | applicable municipal
or county ordinance. Service of the | ||||||
14 | summons and a copy of the petition may be by
any method | ||||||
15 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
16 | certified mail, return receipt requested, provided that the | ||||||
17 | total amount of
fines and penalties for final determinations of | ||||||
18 | parking, standing,
compliance, automated speed enforcement | ||||||
19 | system, or automated traffic law violations does not
exceed | ||||||
20 | $2500. If the court is satisfied that the final determination | ||||||
21 | of
parking, standing, compliance, automated speed enforcement | ||||||
22 | system, or automated traffic law violation was entered in | ||||||
23 | accordance with
the requirements of
this Section and the | ||||||
24 | applicable municipal or county ordinance, and that the | ||||||
25 | registered
owner or the lessee, as the case may be, had an | ||||||
26 | opportunity for an
administrative hearing and for judicial |
| |||||||
| |||||||
1 | review as provided in this Section,
the court shall render | ||||||
2 | judgment in favor of the municipality or county and against
the | ||||||
3 | registered owner or the lessee for the amount indicated in the | ||||||
4 | final
determination of parking, standing, compliance, | ||||||
5 | automated speed enforcement system, or automated traffic law | ||||||
6 | violation, plus costs.
The judgment shall have
the same effect | ||||||
7 | and may be enforced in the same manner as other judgments
for | ||||||
8 | the recovery of money.
| ||||||
9 | (g) The fee for participating in a traffic education | ||||||
10 | program under this Section shall not exceed $25. | ||||||
11 | A low-income individual required to complete a traffic | ||||||
12 | education program under this Section who provides proof of | ||||||
13 | eligibility for the federal earned income tax credit under | ||||||
14 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
15 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
16 | Act shall not be required to pay any fee for participating in a | ||||||
17 | required traffic education program. | ||||||
18 | (Source: P.A. 101-32, eff. 6-28-19; revised 1-21-20.)
| ||||||
19 | (Text of Section after amendment by P.A. 101-623 )
| ||||||
20 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
21 | of traffic
regulations concerning the standing, parking, or | ||||||
22 | condition of
vehicles, automated traffic law violations, and | ||||||
23 | automated speed enforcement system violations.
| ||||||
24 | (a) Any municipality or county may provide by ordinance for | ||||||
25 | a system of
administrative adjudication of vehicular standing |
| |||||||
| |||||||
1 | and parking violations and
vehicle compliance violations as | ||||||
2 | described in this subsection, automated traffic law violations | ||||||
3 | as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and | ||||||
4 | automated speed enforcement system violations as defined in | ||||||
5 | Section 11-208.8.
The administrative system shall have as its | ||||||
6 | purpose the fair and
efficient enforcement of municipal or | ||||||
7 | county regulations through the
administrative adjudication of | ||||||
8 | automated speed enforcement system or automated traffic law | ||||||
9 | violations and violations of municipal or county ordinances
| ||||||
10 | regulating the standing and parking of vehicles, the condition | ||||||
11 | and use of
vehicle equipment, and the display of municipal or | ||||||
12 | county wheel tax licenses within the
municipality's
or county's | ||||||
13 | borders. The administrative system shall only have authority to | ||||||
14 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
15 | or requiring the completion of a traffic education program, or | ||||||
16 | both, that occur after the
effective date of the ordinance | ||||||
17 | adopting such a system under this Section.
For purposes of this | ||||||
18 | Section, "compliance violation" means a violation of a
| ||||||
19 | municipal or county regulation governing the condition or use | ||||||
20 | of equipment on a vehicle
or governing the display of a | ||||||
21 | municipal or county wheel tax license.
| ||||||
22 | (b) Any ordinance establishing a system of administrative | ||||||
23 | adjudication
under this Section shall provide for:
| ||||||
24 | (1) A traffic compliance administrator authorized to
| ||||||
25 | adopt, distribute , and
process parking, compliance, and | ||||||
26 | automated speed enforcement system or automated traffic |
| |||||||
| |||||||
1 | law violation notices and other notices required
by this
| ||||||
2 | Section, collect money paid as fines and penalties for | ||||||
3 | violation of parking
and compliance
ordinances and | ||||||
4 | automated speed enforcement system or automated traffic | ||||||
5 | law violations, and operate an administrative adjudication | ||||||
6 | system. The traffic
compliance
administrator also may make | ||||||
7 | a certified report to the Secretary of State
under Section | ||||||
8 | 6-306.5.
| ||||||
9 | (2) A parking, standing, compliance, automated speed | ||||||
10 | enforcement system, or automated traffic law violation | ||||||
11 | notice
that
shall specify or include the date,
time, and | ||||||
12 | place of violation of a parking, standing,
compliance, | ||||||
13 | automated speed enforcement system, or automated traffic | ||||||
14 | law
regulation; the particular regulation
violated; any | ||||||
15 | requirement to complete a traffic education program; the | ||||||
16 | fine and any penalty that may be assessed for late payment | ||||||
17 | or failure to complete a required traffic education | ||||||
18 | program, or both,
when so provided by ordinance; the | ||||||
19 | vehicle make or a photograph of the vehicle; the state | ||||||
20 | registration
number of the vehicle; and the identification | ||||||
21 | number of the
person issuing the notice.
With regard to | ||||||
22 | automated speed enforcement system or automated traffic | ||||||
23 | law violations, vehicle make shall be specified on the | ||||||
24 | automated speed enforcement system or automated traffic | ||||||
25 | law violation notice if the notice does not include a | ||||||
26 | photograph of the vehicle and the make is available and |
| |||||||
| |||||||
1 | readily discernible. With regard to municipalities or | ||||||
2 | counties with a population of 1 million or more, it
shall | ||||||
3 | be grounds for
dismissal of a parking
violation if the | ||||||
4 | state registration number or vehicle make specified is
| ||||||
5 | incorrect. The violation notice shall state that the | ||||||
6 | completion of any required traffic education program, the | ||||||
7 | payment of any indicated
fine, and the payment of any | ||||||
8 | applicable penalty for late payment or failure to complete | ||||||
9 | a required traffic education program, or both, shall | ||||||
10 | operate as a
final disposition of the violation. The notice | ||||||
11 | also shall contain
information as to the availability of a | ||||||
12 | hearing in which the violation may
be contested on its | ||||||
13 | merits. The violation notice shall specify the
time and | ||||||
14 | manner in which a hearing may be had.
| ||||||
15 | (3) Service of a parking, standing, or compliance
| ||||||
16 | violation notice by: (i) affixing the
original or a | ||||||
17 | facsimile of the notice to an unlawfully parked or standing | ||||||
18 | vehicle; (ii)
handing the notice to the operator of a | ||||||
19 | vehicle if he or she is
present; or (iii) mailing the | ||||||
20 | notice to the address of the registered owner or lessee of | ||||||
21 | the cited vehicle as recorded with the Secretary of State | ||||||
22 | or the lessor of the motor vehicle within 30 days after the | ||||||
23 | Secretary of State or the lessor of the motor vehicle | ||||||
24 | notifies the municipality or county of the identity of the | ||||||
25 | owner or lessee of the vehicle, but not later than 90 days | ||||||
26 | after the date of the violation, except that in the case of |
| |||||||
| |||||||
1 | a lessee of a motor vehicle, service of a parking, | ||||||
2 | standing, or compliance violation notice may occur no later | ||||||
3 | than 210 days after the violation; and service of an | ||||||
4 | automated speed enforcement system or automated traffic | ||||||
5 | law violation notice by mail to the
address
of the | ||||||
6 | registered owner or lessee of the cited vehicle as recorded | ||||||
7 | with the Secretary of
State or the lessor of the motor | ||||||
8 | vehicle within 30 days after the Secretary of State or the | ||||||
9 | lessor of the motor vehicle notifies the municipality or | ||||||
10 | county of the identity of the owner or lessee of the | ||||||
11 | vehicle, but not later than 90 days after the violation, | ||||||
12 | except that in the case of a lessee of a motor vehicle, | ||||||
13 | service of an automated traffic law violation notice may | ||||||
14 | occur no later than 210 days after the violation. A person | ||||||
15 | authorized by ordinance to issue and serve parking,
| ||||||
16 | standing, and compliance
violation notices shall certify | ||||||
17 | as to the correctness of the facts entered
on the violation | ||||||
18 | notice by signing his or her name to the notice at
the time | ||||||
19 | of service or , in the case of a notice produced by a | ||||||
20 | computerized
device, by signing a single certificate to be | ||||||
21 | kept by the traffic
compliance
administrator attesting to | ||||||
22 | the correctness of all notices produced by the
device while | ||||||
23 | it was under his or her control. In the case of an | ||||||
24 | automated traffic law violation, the ordinance shall
| ||||||
25 | require
a
determination by a technician employed or | ||||||
26 | contracted by the municipality or county that,
based on |
| |||||||
| |||||||
1 | inspection of recorded images, the motor vehicle was being | ||||||
2 | operated in
violation of Section 11-208.6, 11-208.9, or | ||||||
3 | 11-1201.1 or a local ordinance.
If the technician | ||||||
4 | determines that the
vehicle entered the intersection as | ||||||
5 | part of a funeral procession or in order to
yield the | ||||||
6 | right-of-way to an emergency vehicle, a citation shall not | ||||||
7 | be issued. In municipalities with a population of less than | ||||||
8 | 1,000,000 inhabitants and counties with a population of | ||||||
9 | less than 3,000,000 inhabitants, the automated traffic law | ||||||
10 | ordinance shall require that all determinations by a | ||||||
11 | technician that a motor vehicle was being operated in
| ||||||
12 | violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a | ||||||
13 | local ordinance must be reviewed and approved by a law | ||||||
14 | enforcement officer or retired law enforcement officer of | ||||||
15 | the municipality or county issuing the violation. In | ||||||
16 | municipalities with a population of 1,000,000 or more | ||||||
17 | inhabitants and counties with a population of 3,000,000 or | ||||||
18 | more inhabitants, the automated traffic law ordinance | ||||||
19 | shall require that all determinations by a technician that | ||||||
20 | a motor vehicle was being operated in
violation of Section | ||||||
21 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must | ||||||
22 | be reviewed and approved by a law enforcement officer or | ||||||
23 | retired law enforcement officer of the municipality or | ||||||
24 | county issuing the violation or by an additional fully | ||||||
25 | trained fully-trained reviewing technician who is not | ||||||
26 | employed by the contractor who employs the technician who |
| |||||||
| |||||||
1 | made the initial determination. In the case of an automated | ||||||
2 | speed enforcement system violation, the ordinance shall | ||||||
3 | require a determination by a technician employed by the | ||||||
4 | municipality, based upon an inspection of recorded images, | ||||||
5 | video or other documentation, including documentation of | ||||||
6 | the speed limit and automated speed enforcement signage, | ||||||
7 | and documentation of the inspection, calibration, and | ||||||
8 | certification of the speed equipment, that the vehicle was | ||||||
9 | being operated in violation of Article VI of Chapter 11 of | ||||||
10 | this Code or a similar local ordinance. If the technician | ||||||
11 | determines that the vehicle speed was not determined by a | ||||||
12 | calibrated, certified speed equipment device based upon | ||||||
13 | the speed equipment documentation, or if the vehicle was an | ||||||
14 | emergency vehicle, a citation may not be issued. The | ||||||
15 | automated speed enforcement ordinance shall require that | ||||||
16 | all determinations by a technician that a violation | ||||||
17 | occurred be reviewed and approved by a law enforcement | ||||||
18 | officer or retired law enforcement officer of the | ||||||
19 | municipality issuing the violation or by an additional | ||||||
20 | fully trained reviewing technician who is not employed by | ||||||
21 | the contractor who employs the technician who made the | ||||||
22 | initial determination. Routine and independent calibration | ||||||
23 | of the speeds produced by automated speed enforcement | ||||||
24 | systems and equipment shall be conducted annually by a | ||||||
25 | qualified technician. Speeds produced by an automated | ||||||
26 | speed enforcement system shall be compared with speeds |
| |||||||
| |||||||
1 | produced by lidar or other independent equipment. Radar or | ||||||
2 | lidar equipment shall undergo an internal validation test | ||||||
3 | no less frequently than once each week. Qualified | ||||||
4 | technicians shall test loop-based loop based equipment no | ||||||
5 | less frequently than once a year. Radar equipment shall be | ||||||
6 | checked for accuracy by a qualified technician when the | ||||||
7 | unit is serviced, when unusual or suspect readings persist, | ||||||
8 | or when deemed necessary by a reviewing technician. Radar | ||||||
9 | equipment shall be checked with the internal frequency | ||||||
10 | generator and the internal circuit test whenever the radar | ||||||
11 | is turned on. Technicians must be alert for any unusual or | ||||||
12 | suspect readings, and if unusual or suspect readings of a | ||||||
13 | radar unit persist, that unit shall immediately be removed | ||||||
14 | from service and not returned to service until it has been | ||||||
15 | checked by a qualified technician and determined to be | ||||||
16 | functioning properly. Documentation of the annual | ||||||
17 | calibration results, including the equipment tested, test | ||||||
18 | date, technician performing the test, and test results, | ||||||
19 | shall be maintained and available for use in the | ||||||
20 | determination of an automated speed enforcement system | ||||||
21 | violation and issuance of a citation. The technician | ||||||
22 | performing the calibration and testing of the automated | ||||||
23 | speed enforcement equipment shall be trained and certified | ||||||
24 | in the use of equipment for speed enforcement purposes. | ||||||
25 | Training on the speed enforcement equipment may be | ||||||
26 | conducted by law enforcement, civilian, or manufacturer's |
| |||||||
| |||||||
1 | personnel and if applicable may be equivalent to the | ||||||
2 | equipment use and operations training included in the Speed | ||||||
3 | Measuring Device Operator Program developed by the | ||||||
4 | National Highway Traffic Safety Administration (NHTSA). | ||||||
5 | The vendor or technician who performs the work shall keep | ||||||
6 | accurate records on each piece of equipment the technician | ||||||
7 | calibrates and tests. As used in this paragraph, " fully | ||||||
8 | trained fully-trained reviewing technician" means a person | ||||||
9 | who has received at least 40 hours of supervised training | ||||||
10 | in subjects which shall include image inspection and | ||||||
11 | interpretation, the elements necessary to prove a | ||||||
12 | violation, license plate identification, and traffic | ||||||
13 | safety and management. In all municipalities and counties, | ||||||
14 | the automated speed enforcement system or automated | ||||||
15 | traffic law ordinance shall require that no additional fee | ||||||
16 | shall be charged to the alleged violator for exercising his | ||||||
17 | or her right to an administrative hearing, and persons | ||||||
18 | shall be given at least 25 days following an administrative | ||||||
19 | hearing to pay any civil penalty imposed by a finding that | ||||||
20 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | ||||||
21 | similar local ordinance has been violated. The original or | ||||||
22 | a
facsimile of the violation notice or, in the case of a | ||||||
23 | notice produced by a
computerized device, a printed record | ||||||
24 | generated by the device showing the facts
entered on the | ||||||
25 | notice, shall be retained by the
traffic compliance
| ||||||
26 | administrator, and shall be a record kept in the ordinary |
| |||||||
| |||||||
1 | course of
business. A parking, standing, compliance, | ||||||
2 | automated speed enforcement system, or automated traffic | ||||||
3 | law violation notice issued,
signed , and served in
| ||||||
4 | accordance with this Section, a copy of the notice, or the | ||||||
5 | computer-generated computer
generated record shall be | ||||||
6 | prima facie
correct and shall be prima facie evidence of | ||||||
7 | the correctness of the facts
shown on the notice. The | ||||||
8 | notice, copy, or computer-generated computer generated
| ||||||
9 | record shall be admissible in any
subsequent | ||||||
10 | administrative or legal proceedings.
| ||||||
11 | (4) An opportunity for a hearing for the registered | ||||||
12 | owner of the
vehicle cited in the parking, standing, | ||||||
13 | compliance, or automated speed enforcement system , or | ||||||
14 | automated traffic law violation notice in
which the owner | ||||||
15 | may
contest the merits of the alleged violation, and during | ||||||
16 | which formal or
technical rules of evidence shall not | ||||||
17 | apply; provided, however, that under
Section 11-1306 of | ||||||
18 | this Code the lessee of a vehicle cited in the
violation | ||||||
19 | notice likewise shall be provided an opportunity for a | ||||||
20 | hearing of
the same kind afforded the registered owner. The | ||||||
21 | hearings shall be
recorded, and the person conducting the | ||||||
22 | hearing on behalf of the traffic
compliance
administrator | ||||||
23 | shall be empowered to administer oaths and to secure by
| ||||||
24 | subpoena both the attendance and testimony of witnesses and | ||||||
25 | the production
of relevant books and papers. Persons | ||||||
26 | appearing at a hearing under this
Section may be |
| |||||||
| |||||||
1 | represented by counsel at their expense. The ordinance may
| ||||||
2 | also provide for internal administrative review following | ||||||
3 | the decision of
the hearing officer. | ||||||
4 | (4.5) In the case of an automated traffic law violation | ||||||
5 | notice, an opportunity for a hearing for the registered | ||||||
6 | owner of the vehicle cited in the notice in which the owner | ||||||
7 | may contest the merits of the alleged violation, and in | ||||||
8 | which the violation must be proven beyond a reasonable | ||||||
9 | doubt and the formal or technical rules of evidence that | ||||||
10 | apply in court proceedings on moving traffic violations | ||||||
11 | also apply. However, upon the lessor of a vehicle providing | ||||||
12 | the information required by Section 11-1306, the lessee of | ||||||
13 | a vehicle cited in the violation notice likewise shall be | ||||||
14 | provided an opportunity for a hearing of the same kind | ||||||
15 | afforded the registered owner. The hearings shall be
| ||||||
16 | recorded, and the person conducting the hearing on behalf | ||||||
17 | of the traffic
compliance
administrator shall be empowered | ||||||
18 | to administer oaths and to secure by
subpoena both the | ||||||
19 | attendance and testimony of witnesses and the production
of | ||||||
20 | relevant books and papers. Persons appearing at a hearing | ||||||
21 | under this
Section may be represented by counsel at their | ||||||
22 | expense. The ordinance may
also provide for internal | ||||||
23 | administrative review following the decision of
the | ||||||
24 | hearing officer.
| ||||||
25 | (5) Service of additional notices, sent by first class | ||||||
26 | United States
mail, postage prepaid, to the address of the |
| |||||||
| |||||||
1 | registered owner of the cited
vehicle as recorded with the | ||||||
2 | Secretary of State or, if any notice to that address is | ||||||
3 | returned as undeliverable, to the last known address | ||||||
4 | recorded in a United States Post Office approved database,
| ||||||
5 | or, under Section 11-1306
or subsection (p) of Section | ||||||
6 | 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 | ||||||
7 | of this Code, to the lessee of the cited vehicle at the | ||||||
8 | last address known
to the lessor of the cited vehicle at | ||||||
9 | the time of lease or, if any notice to that address is | ||||||
10 | returned as undeliverable, to the last known address | ||||||
11 | recorded in a United States Post Office approved database.
| ||||||
12 | The service shall
be deemed complete as of the date of | ||||||
13 | deposit in the United States mail.
The notices shall be in | ||||||
14 | the following sequence and shall include , but not be
| ||||||
15 | limited to the information specified herein:
| ||||||
16 | (i) A second notice of parking, standing, or | ||||||
17 | compliance violation if the first notice of the | ||||||
18 | violation was issued by affixing the original or a | ||||||
19 | facsimile of the notice to the unlawfully parked | ||||||
20 | vehicle or by handing the notice to the operator. This | ||||||
21 | notice shall specify or include the
date and location | ||||||
22 | of the violation cited in the parking,
standing,
or | ||||||
23 | compliance violation
notice, the particular regulation | ||||||
24 | violated, the vehicle
make or a photograph of the | ||||||
25 | vehicle, the state registration number of the vehicle, | ||||||
26 | any requirement to complete a traffic education |
| |||||||
| |||||||
1 | program, the fine and any penalty that may be
assessed | ||||||
2 | for late payment or failure to complete a traffic | ||||||
3 | education program, or both, when so provided by | ||||||
4 | ordinance, the availability
of a hearing in which the | ||||||
5 | violation may be contested on its merits, and the
time | ||||||
6 | and manner in which the hearing may be had. The notice | ||||||
7 | of violation
shall also state that failure to complete | ||||||
8 | a required traffic education program, to pay the | ||||||
9 | indicated fine and any
applicable penalty, or to appear | ||||||
10 | at a hearing on the merits in the time and
manner | ||||||
11 | specified, will result in a final determination of | ||||||
12 | violation
liability for the cited violation in the | ||||||
13 | amount of the fine or penalty
indicated, and that, upon | ||||||
14 | the occurrence of a final determination of violation | ||||||
15 | liability for the failure, and the exhaustion of, or
| ||||||
16 | failure to exhaust, available administrative or | ||||||
17 | judicial procedures for
review, any incomplete traffic | ||||||
18 | education program or any unpaid fine or penalty, or | ||||||
19 | both, will constitute a debt due and owing
the | ||||||
20 | municipality or county.
| ||||||
21 | (ii) A notice of final determination of parking, | ||||||
22 | standing,
compliance, automated speed enforcement | ||||||
23 | system, or automated traffic law violation liability.
| ||||||
24 | This notice shall be sent following a final | ||||||
25 | determination of parking,
standing, compliance, | ||||||
26 | automated speed enforcement system, or automated |
| |||||||
| |||||||
1 | traffic law
violation liability and the conclusion of | ||||||
2 | judicial review procedures taken
under this Section. | ||||||
3 | The notice shall state that the incomplete traffic | ||||||
4 | education program or the unpaid fine or
penalty, or | ||||||
5 | both, is a debt due and owing the municipality or | ||||||
6 | county. The notice shall contain
warnings that failure | ||||||
7 | to complete any required traffic education program or | ||||||
8 | to pay any fine or penalty due and owing the
| ||||||
9 | municipality or county, or both, within the time | ||||||
10 | specified may result in the municipality's
or county's | ||||||
11 | filing of a petition in the Circuit Court to have the | ||||||
12 | incomplete traffic education program or unpaid
fine or | ||||||
13 | penalty, or both, rendered a judgment as provided by | ||||||
14 | this Section, or, where applicable, may
result in | ||||||
15 | suspension of the person's driver's drivers license | ||||||
16 | for failure to complete a traffic education program or | ||||||
17 | to pay
fines or penalties, or both, for 5 or more | ||||||
18 | automated traffic law violations under Section | ||||||
19 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
20 | system violations under Section 11-208.8.
| ||||||
21 | (6) A notice of impending driver's drivers license | ||||||
22 | suspension. This
notice shall be sent to the person liable | ||||||
23 | for failure to complete a required traffic education | ||||||
24 | program or to pay any fine or penalty that
remains due and | ||||||
25 | owing, or both, on 5 or more unpaid automated speed | ||||||
26 | enforcement system or automated traffic law violations. |
| |||||||
| |||||||
1 | The notice
shall state that failure to complete a required | ||||||
2 | traffic education program or to pay the fine or penalty | ||||||
3 | owing, or both, within 45 days of
the notice's date will | ||||||
4 | result in the municipality or county notifying the | ||||||
5 | Secretary
of State that the person is eligible for | ||||||
6 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
7 | of this Code. The notice shall also state
that the person | ||||||
8 | may obtain a photostatic copy of an original ticket | ||||||
9 | imposing a
fine or penalty by sending a self-addressed self | ||||||
10 | addressed , stamped envelope to the
municipality or county | ||||||
11 | along with a request for the photostatic copy.
The notice | ||||||
12 | of impending driver's
drivers license suspension shall be | ||||||
13 | sent by first class United States mail,
postage prepaid, to | ||||||
14 | the address recorded with the Secretary of State or, if any | ||||||
15 | notice to that address is returned as undeliverable, to the | ||||||
16 | last known address recorded in a United States Post Office | ||||||
17 | approved database.
| ||||||
18 | (7) Final determinations of violation liability. A | ||||||
19 | final
determination of violation liability shall occur | ||||||
20 | following failure to complete the required traffic | ||||||
21 | education program or
to pay the fine or penalty, or both, | ||||||
22 | after a hearing officer's determination of violation | ||||||
23 | liability and the exhaustion of or failure to exhaust any
| ||||||
24 | administrative review procedures provided by ordinance. | ||||||
25 | Where a person
fails to appear at a hearing to contest the | ||||||
26 | alleged violation in the time
and manner specified in a |
| |||||||
| |||||||
1 | prior mailed notice, the hearing officer's
determination | ||||||
2 | of violation liability shall become final: (A) upon
denial | ||||||
3 | of a timely petition to set aside that determination, or | ||||||
4 | (B) upon
expiration of the period for filing the petition | ||||||
5 | without a
filing having been made.
| ||||||
6 | (8) A petition to set aside a determination of parking, | ||||||
7 | standing,
compliance, automated speed enforcement system, | ||||||
8 | or automated traffic law violation
liability that may be | ||||||
9 | filed by a person owing an unpaid fine or penalty. A | ||||||
10 | petition to set aside a determination of liability may also | ||||||
11 | be filed by a person required to complete a traffic | ||||||
12 | education program.
The petition shall be filed with and | ||||||
13 | ruled upon by the traffic compliance
administrator in the | ||||||
14 | manner and within the time specified by ordinance.
The | ||||||
15 | grounds for the petition may be limited to: (A) the person | ||||||
16 | not having
been the owner or lessee of the cited vehicle on | ||||||
17 | the date the
violation notice was issued, (B) the person | ||||||
18 | having already completed the required traffic education | ||||||
19 | program or paid the fine or
penalty, or both, for the | ||||||
20 | violation in question, and (C) excusable failure to
appear | ||||||
21 | at or
request a new date for a hearing.
With regard to | ||||||
22 | municipalities or counties with a population of 1 million | ||||||
23 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
24 | violation if the state registration number or vehicle make, | ||||||
25 | only if specified in the violation notice, is
incorrect. | ||||||
26 | After the determination of
parking, standing, compliance, |
| |||||||
| |||||||
1 | automated speed enforcement system, or automated traffic | ||||||
2 | law violation liability has been set aside
upon a showing | ||||||
3 | of just
cause, the registered owner shall be provided with | ||||||
4 | a hearing on the merits
for that violation.
| ||||||
5 | (9) Procedures for non-residents. Procedures by which | ||||||
6 | persons who are
not residents of the municipality or county | ||||||
7 | may contest the merits of the alleged
violation without | ||||||
8 | attending a hearing.
| ||||||
9 | (10) A schedule of civil fines for violations of | ||||||
10 | vehicular standing,
parking, compliance, automated speed | ||||||
11 | enforcement system, or automated traffic law regulations | ||||||
12 | enacted by ordinance pursuant to this
Section, and a
| ||||||
13 | schedule of penalties for late payment of the fines or | ||||||
14 | failure to complete required traffic education programs, | ||||||
15 | provided, however,
that the total amount of the fine and | ||||||
16 | penalty for any one violation shall
not exceed $250, except | ||||||
17 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
18 | Code.
| ||||||
19 | (11) Other provisions as are necessary and proper to | ||||||
20 | carry into
effect the powers granted and purposes stated in | ||||||
21 | this Section.
| ||||||
22 | (c) Any municipality or county establishing vehicular | ||||||
23 | standing, parking,
compliance, automated speed enforcement | ||||||
24 | system, or automated traffic law
regulations under this Section | ||||||
25 | may also provide by ordinance for a
program of vehicle | ||||||
26 | immobilization for the purpose of facilitating
enforcement of |
| |||||||
| |||||||
1 | those regulations. The program of vehicle
immobilization shall | ||||||
2 | provide for immobilizing any eligible vehicle upon the
public | ||||||
3 | way by presence of a restraint in a manner to prevent operation | ||||||
4 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
5 | immobilization under this Section shall provide:
| ||||||
6 | (1) Criteria for the designation of vehicles eligible | ||||||
7 | for
immobilization. A vehicle shall be eligible for | ||||||
8 | immobilization when the
registered owner of the vehicle has | ||||||
9 | accumulated the number of incomplete traffic education | ||||||
10 | programs or unpaid final
determinations of parking, | ||||||
11 | standing, compliance, automated speed enforcement system, | ||||||
12 | or automated traffic law violation liability, or both, as
| ||||||
13 | determined by ordinance.
| ||||||
14 | (2) A notice of impending vehicle immobilization and a | ||||||
15 | right to a
hearing to challenge the validity of the notice | ||||||
16 | by disproving liability
for the incomplete traffic | ||||||
17 | education programs or unpaid final determinations of | ||||||
18 | parking, standing, compliance, automated speed enforcement | ||||||
19 | system, or automated traffic law
violation liability, or | ||||||
20 | both, listed
on the notice.
| ||||||
21 | (3) The right to a prompt hearing after a vehicle has | ||||||
22 | been immobilized
or subsequently towed without the | ||||||
23 | completion of the required traffic education program or | ||||||
24 | payment of the outstanding fines and
penalties on parking, | ||||||
25 | standing, compliance, automated speed enforcement system, | ||||||
26 | or automated traffic law violations, or both, for which |
| |||||||
| |||||||
1 | final
determinations have been
issued. An order issued | ||||||
2 | after the hearing is a final administrative
decision within | ||||||
3 | the meaning of Section 3-101 of the Code of Civil | ||||||
4 | Procedure.
| ||||||
5 | (4) A post immobilization and post-towing notice | ||||||
6 | advising the registered
owner of the vehicle of the right | ||||||
7 | to a hearing to challenge the validity
of the impoundment.
| ||||||
8 | (d) Judicial review of final determinations of parking, | ||||||
9 | standing,
compliance, automated speed enforcement system, or | ||||||
10 | automated traffic law
violations and final administrative | ||||||
11 | decisions issued after hearings
regarding vehicle | ||||||
12 | immobilization and impoundment made
under this Section shall be | ||||||
13 | subject to the provisions of
the Administrative Review Law.
| ||||||
14 | (e) Any fine, penalty, incomplete traffic education | ||||||
15 | program, or part of any fine or any penalty remaining
unpaid | ||||||
16 | after the exhaustion of, or the failure to exhaust, | ||||||
17 | administrative
remedies created under this Section and the | ||||||
18 | conclusion of any judicial
review procedures shall be a debt | ||||||
19 | due and owing the municipality or county and, as
such, may be | ||||||
20 | collected in accordance with applicable law. Completion of any | ||||||
21 | required traffic education program and payment in full
of any | ||||||
22 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
23 | automated speed enforcement system, or automated traffic law | ||||||
24 | violation shall
constitute a final disposition of that | ||||||
25 | violation.
| ||||||
26 | (f) After the expiration of the period within which |
| |||||||
| |||||||
1 | judicial review may
be sought for a final determination of | ||||||
2 | parking, standing, compliance, automated speed enforcement | ||||||
3 | system, or automated traffic law
violation, the municipality
or | ||||||
4 | county may commence a proceeding in the Circuit Court for | ||||||
5 | purposes of obtaining a
judgment on the final determination of | ||||||
6 | violation. Nothing in this
Section shall prevent a municipality | ||||||
7 | or county from consolidating multiple final
determinations of | ||||||
8 | parking, standing, compliance, automated speed enforcement | ||||||
9 | system, or automated traffic law violations against a
person in | ||||||
10 | a proceeding.
Upon commencement of the action, the municipality | ||||||
11 | or county shall file a certified
copy or record of the final | ||||||
12 | determination of parking, standing, compliance, automated | ||||||
13 | speed enforcement system, or automated traffic law
violation, | ||||||
14 | which shall be
accompanied by a certification that recites | ||||||
15 | facts sufficient to show that
the final determination of | ||||||
16 | violation was
issued in accordance with this Section and the | ||||||
17 | applicable municipal
or county ordinance. Service of the | ||||||
18 | summons and a copy of the petition may be by
any method | ||||||
19 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
20 | certified mail, return receipt requested, provided that the | ||||||
21 | total amount of
fines and penalties for final determinations of | ||||||
22 | parking, standing,
compliance, automated speed enforcement | ||||||
23 | system, or automated traffic law violations does not
exceed | ||||||
24 | $2500. If the court is satisfied that the final determination | ||||||
25 | of
parking, standing, compliance, automated speed enforcement | ||||||
26 | system, or automated traffic law violation was entered in |
| |||||||
| |||||||
1 | accordance with
the requirements of
this Section and the | ||||||
2 | applicable municipal or county ordinance, and that the | ||||||
3 | registered
owner or the lessee, as the case may be, had an | ||||||
4 | opportunity for an
administrative hearing and for judicial | ||||||
5 | review as provided in this Section,
the court shall render | ||||||
6 | judgment in favor of the municipality or county and against
the | ||||||
7 | registered owner or the lessee for the amount indicated in the | ||||||
8 | final
determination of parking, standing, compliance, | ||||||
9 | automated speed enforcement system, or automated traffic law | ||||||
10 | violation, plus costs.
The judgment shall have
the same effect | ||||||
11 | and may be enforced in the same manner as other judgments
for | ||||||
12 | the recovery of money.
| ||||||
13 | (g) The fee for participating in a traffic education | ||||||
14 | program under this Section shall not exceed $25. | ||||||
15 | A low-income individual required to complete a traffic | ||||||
16 | education program under this Section who provides proof of | ||||||
17 | eligibility for the federal earned income tax credit under | ||||||
18 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
19 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
20 | Act shall not be required to pay any fee for participating in a | ||||||
21 | required traffic education program. | ||||||
22 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
23 | revised 1-21-20.)
| ||||||
24 | Section 95. No acceleration or delay. Where this Act makes | ||||||
25 | changes in a statute that is represented in this Act by text |
| |||||||
| |||||||
1 | that is not yet or no longer in effect (for example, a Section | ||||||
2 | represented by multiple versions), the use of that text does | ||||||
3 | not accelerate or delay the taking effect of (i) the changes | ||||||
4 | made by this Act or (ii) provisions derived from any other | ||||||
5 | Public Act.
|