Bill Text: IL HB4402 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Repeals a Section providing authority to use automated traffic law enforcement systems at intersections in which cameras are used to photograph or video record a motor vehicle's failure to stop and yield as required by traffic control signals. Imposes limits on the power of local governments to use automated traffic law enforcement systems to provide recorded images of a motor vehicle for the purpose of recording its speed. Denies home rule powers. Amends the State Mandates Act to require implementation without reimbursement from the State. Makes conforming and other technical changes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4402 Detail]

Download: Illinois-2019-HB4402-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB4402 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED:
625 ILCS 5/1-105.2
625 ILCS 5/3-400 from Ch. 95 1/2, par. 3-400
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 5/11-208.8
625 ILCS 5/11-208.6 rep.
30 ILCS 805/8.45 new
Amends the Illinois Vehicle Code. Repeals a Section providing authority to use automated traffic law enforcement systems at intersections in which cameras are used to photograph or video record a motor vehicle's failure to stop and yield as required by traffic control signals. Imposes limits on the power of local governments to use automated traffic law enforcement systems to provide recorded images of a motor vehicle for the purpose of recording its speed. Denies home rule powers. Amends the State Mandates Act to require implementation without reimbursement from the State. Makes conforming and other technical changes.
LRB101 19093 HEP 68553 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
A BILL FOR
HB4402 LRB101 19093 HEP 68553 b
AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 1-105.2, 3-400, 6-306.5, 11-208, 11-208.3, and
11-208.8 as follows:
(625 ILCS 5/1-105.2)
Sec. 1-105.2. Automated traffic law violation. A violation
described in Section 11-208.6, 11-208.9, or 11-1201.1 of this
Code.
(Source: P.A. 98-556, eff. 1-1-14.)
(625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
Sec. 3-400. Definitions. Notwithstanding the definitions
set forth in Chapter 1 of this Act, for the purposes of this
Article, the following words shall have the meaning ascribed to
them as follows:
"Apportionable Fee" means any periodic recurring fee
required for licensing or registering vehicles, such as, but
not limited to, registration fees, license or weight fees.
"Apportionable Vehicle" means any vehicle, except
recreational vehicles, vehicles displaying restricted plates,
city pickup and delivery vehicles, buses used in transportation

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of chartered parties, and government owned vehicles that are
used or intended for use in 2 or more member jurisdictions that
allocate or proportionally register vehicles, in a fleet which
is used for the transportation of persons for hire or the
transportation of property and which has a gross vehicle weight
in excess of 26,000 pounds; or has three or more axles
regardless of weight; or is used in combination when the weight
of such combination exceeds 26,000 pounds gross vehicle weight.
Vehicles, or combinations having a gross vehicle weight of
26,000 pounds or less and two-axle vehicles may be
proportionally registered at the option of such owner.
"Base Jurisdiction" means, for purposes of fleet
registration, the jurisdiction where the registrant has an
established place of business, where operational records of the
fleet are maintained and where mileage is accrued by the fleet.
In case a registrant operates more than one fleet, and
maintains records for each fleet in different places, the "base
jurisdiction" for a fleet shall be the jurisdiction where an
established place of business is maintained, where records of
the operation of that fleet are maintained and where mileage is
accrued by that fleet.
"Operational Records" means documents supporting miles
traveled in each jurisdiction and total miles traveled, such as
fuel reports, trip leases, and logs.
"Owner" means a person who holds legal title of a motor
vehicle, or in the event a motor vehicle is the subject of an

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agreement for the conditional sale or lease thereof with the
right of purchase upon performance of the conditions stated in
the agreement and with an immediate right of possession vested
in the conditional vendee or lessee with right of purchase, or
in the event a mortgagor of such motor vehicle is entitled to
possession, or in the event a lessee of such motor vehicle is
entitled to possession or control, then such conditional vendee
or lessee with right of purchase or mortgagor or lessee is
considered to be the owner for the purpose of this Act.
"Registration plate or digital registration plate cover"
means any tinted, colored, painted, marked, clear, or
illuminated object that is designed to (i) cover any of the
characters of a motor vehicle's registration plate or digital
registration plate; or (ii) distort a recorded image of any of
the characters of a motor vehicle's registration plate or
digital registration plate recorded by an automated
enforcement system as defined in Section 11-208.6, 11-208.8, or
11-1201.1 of this Code or recorded by an automated traffic
control system as defined in Section 15 of the Automated
Traffic Control Systems in Highway Construction or Maintenance
Zones Act.
"Rental Owner" means an owner principally engaged, with
respect to one or more rental fleets, in renting to others or
offering for rental the vehicles of such fleets, without
drivers.
"Restricted Plates" shall include, but is not limited to,

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dealer, manufacturer, transporter, farm, repossessor, and
permanently mounted type plates. Vehicles displaying any of
these type plates from a foreign jurisdiction that is a member
of the International Registration Plan shall be granted
reciprocity but shall be subject to the same limitations as
similar plated Illinois registered vehicles.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
(Text of Section before amendment by P.A. 101-623)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, 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 or county
stating that the owner of a registered vehicle: (1) has failed
to pay any fine or penalty due and owing as a result of 10 or
more violations of a municipality's or county's vehicular
standing, parking, or compliance regulations established by
ordinance pursuant to Section 11-208.3 of this Code, (2) has
failed to pay any fine or penalty due and owing as a result of 5
offenses for automated speed enforcement system violations or
automated traffic violations as defined in Sections 11-208.6,
11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
(3) is more than 14 days in default of a payment plan pursuant

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to which a suspension had been terminated under subsection (c)
of this Section, 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 or county
stating that such person has failed to satisfy any fines or
penalties imposed by final judgments for 5 or more automated
speed enforcement system or automated traffic law violations,
or combination thereof, 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 or county 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 or county certifying that the fine or penalty due
and owing the municipality or county 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 or county's
certified report to the Secretary, and shall be effective as
specified by subsection (c) of Section 6-211 of this Code.

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(c) The report of the appropriate municipal or county
official notifying the Secretary of State of unpaid fines or
penalties 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 or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, 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

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address to which such notice was sent. In a municipality or
county with a population of 1,000,000 or more, the report
shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated speed enforcement system
violation or automated traffic law violation notice, are
correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county 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, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county 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 or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
(e) Any municipality or county making a certified report to
the Secretary of State pursuant to this Section shall also by

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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 a combination of 5 or more
automated speed enforcement system or 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
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing vehicular standing, parking, and
compliance regulations pursuant to Section 11-208.3, automated
speed enforcement system regulations under Section 11-208.8,
or automated traffic law regulations under Section 11-208.6,
11-208.9, or 11-1201.1, may also cause a suspension of a
person's drivers license pursuant to this Section. Such
municipality or county 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 a combination of 5 or more
automated speed enforcement system or automated traffic law

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violations after exhaustion of judicial review procedures, but
only if:
(1) the municipality or county 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 or county 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 or counties with a population of
1,000,000 or more, the municipality or county 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 or county, other than a municipality
or county establishing standing, parking, and compliance
regulations pursuant to Section 11-208.3, automated speed
enforcement system regulations under Section 11-208.8, or
automated traffic law regulations under Section 11-208.6,
11-208.9, 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 a combination
of 5 or more automated speed enforcement system or automated
traffic law violations after exhaustion of judicial review

HB4402 - 10 - LRB101 19093 HEP 68553 b
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 or
county 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 or county which files
a certified report with the Secretary of State pursuant to this
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

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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. 97-333, eff. 8-12-11; 97-672, eff. 7-1-12;
98-556, eff. 1-1-14.)
(Text of Section after amendment by P.A. 101-623)
Sec. 6-306.5. Failure to pay fine or penalty for standing,
parking, compliance, automated speed enforcement system, 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 or county
stating that the owner of a registered vehicle has failed to
pay any fine or penalty due and owing as a result of 5 offenses
for automated speed enforcement system violations or automated
traffic violations as defined in Section Sections 11-208.6,
11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or
(3) is more than 14 days in default of a payment plan pursuant
to which a suspension had been terminated under subsection (c)
of this Section, 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

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vehicle upon receipt of a certified report, as prescribed by
subsection (f) of this Section, from any municipality or county
stating that such person has failed to satisfy any fines or
penalties imposed by final judgments for 5 or more automated
speed enforcement system or automated traffic law violations,
or combination thereof, after exhaustion of judicial review
procedures.
(b) Following receipt of the certified report of the
municipality or county 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 or county certifying that the fine or penalty due
and owing the municipality or county 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 or county'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 or county
official notifying the Secretary of State of unpaid fines or
penalties 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

HB4402 - 13 - LRB101 19093 HEP 68553 b
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 or who has defaulted in a
payment plan and the registration number of any vehicle
known to be registered to such person in this State.
(2) The name of the municipality or county making the
report pursuant to this Section.
(3) A statement that the municipality or county sent a
notice of impending drivers license suspension as
prescribed by ordinance enacted pursuant to Section
11-208.3 of this Code or a notice of default in a payment
plan, 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 or
county with a population of 1,000,000 or more, the report
shall also include a statement that the alleged violator's
State vehicle registration number and vehicle make, if
specified on the automated speed enforcement system
violation or automated traffic law violation notice, are

HB4402 - 14 - LRB101 19093 HEP 68553 b
correct as they appear on the citations.
(4) A unique identifying reference number for each
request of suspension sent whenever a person has failed to
pay the fine or penalty or has defaulted on a payment plan.
(d) Any municipality or county 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, whenever a person named in
the certified report has entered into a payment plan pursuant
to which the municipality or county has agreed to terminate the
suspension, or whenever the municipality or county 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 or county's notification or presentation of
a certified copy of such notification, the Secretary of State
shall terminate the suspension.
(e) Any municipality or county 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 a combination of 5 or more
automated speed enforcement system or automated traffic law

HB4402 - 15 - LRB101 19093 HEP 68553 b
violations on the date or dates such notices were issued; and
(2) the person having already paid the fine or penalty for the
combination of 5 or more automated speed enforcement system or
automated traffic law violations indicated on the certified
report.
(f) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
may also cause a suspension of a person's drivers license
pursuant to this Section. Such municipality or county 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 a combination of 5 or
more automated speed enforcement system or automated traffic
law violations after exhaustion of judicial review procedures,
but only if:
(1) the municipality or county 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 or county 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 or counties with a population of
1,000,000 or more, the municipality or county has verified

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that the alleged violator's State vehicle registration
number and vehicle make are correct as they appear on the
citations.
(g) Any municipality or county, other than a municipality
or county establishing automated speed enforcement system
regulations under Section 11-208.8, or automated traffic law
regulations under Section 11-208.6, 11-208.9, 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 a combination of 5 or more automated speed enforcement
system or 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 or county 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.

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(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 or county which files
a certified report with the Secretary of State pursuant to this
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. 101-623, eff. 7-1-20.)
(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,

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except as limited by Sections 11-1306 and 11-1307 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; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
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 mobile carrying
devices, bicycles, low-speed electric bicycles, and
low-speed gas bicycles, and requiring the registration and
licensing of same, including the requirement of a
registration fee;

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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
reserved for persons with disabilities, as defined by
Section 1-159.1, or veterans with disabilities 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
a veteran with a disability;
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 paragraph 1,
4, 5, 6, 7, 9, 10, 11 or 13 of subsection (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

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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
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.

HB4402 - 21 - LRB101 19093 HEP 68553 b
(e-5) The City of Chicago may enact an ordinance providing
for a noise monitoring system upon any portion of the roadway
known as Lake Shore Drive. Twelve months after the installation
of the noise monitoring system, and any time after the first
report as the City deems necessary, the City of Chicago shall
prepare a noise monitoring report with the data collected from
the system and shall, upon request, make the report available
to the public. For purposes of this subsection (e-5), "noise
monitoring system" means an automated noise monitor capable of
recording noise levels 24 hours per day and 365 days per year
with computer equipment sufficient to process the data.
(e-10) A unit of local government, including a home rule
unit, may not enact an ordinance prohibiting the use of
Automated Driving System equipped vehicles on its roadways.
Nothing in this subsection (e-10) shall affect the authority of
a unit of local government to regulate Automated Driving System
equipped vehicles for traffic control purposes. No unit of
local government, including a home rule unit, may regulate
Automated Driving System equipped vehicles in a manner
inconsistent with this Code. For purposes of this subsection
(e-10), "Automated Driving System equipped vehicle" means any
vehicle equipped with an Automated Driving System of hardware
and software that are collectively capable of performing the
entire dynamic driving task on a sustained basis, regardless of
whether it is limited to a specific operational domain. This
subsection (e-10) is a limitation under subsection (i) of

HB4402 - 22 - LRB101 19093 HEP 68553 b
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) No unit of local government, including a home rule
unit, A municipality or county designated in Section 11-208.6
may enact or enforce an ordinance providing for an automated
traffic law enforcement system to enforce violations of Section
11-306 of this Code or a similar provision of a local ordinance
and imposing liability on a registered owner or lessee of a
vehicle used in such a violation. For purposes of this
subsection (f), "automated traffic law enforcement system"
means a device with one or more motor vehicle sensors working
in conjunction with a red light signal to produce recorded
images of motor vehicles entering into an intersection against
a red signal indication in violation of Section 11-306 of this
Code or a similar provision of a local ordinance. This
subsection (f) is a denial and limitation of home rule powers
and functions under subsection (g) of Section 6 of Article VII
of the Illinois Constitution.
(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
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact

HB4402 - 23 - LRB101 19093 HEP 68553 b
an ordinance providing for an automated speed enforcement
system to enforce violations of Article VI of Chapter 11 of
this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9
may enact an ordinance providing for an automated traffic law
enforcement system to enforce violations of Section 11-1414 of
this Code or a similar provision of a local ordinance and
imposing liability on a registered owner or lessee of a vehicle
used in such a violation.
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
7-26-19.)
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
(Text of Section before amendment by P.A. 101-623)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its

HB4402 - 24 - LRB101 19093 HEP 68553 b
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, 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 or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.
(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 speed enforcement system or 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 speed enforcement system or automated traffic
law violations, and operate an administrative adjudication

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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, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties 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 violation notice shall state that the

HB4402 - 26 - LRB101 19093 HEP 68553 b
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, 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 a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or standing
vehicle; (ii) handing the notice to the operator of a
vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no later
than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the

HB4402 - 27 - LRB101 19093 HEP 68553 b
registered owner or lessee of the cited vehicle as recorded
with the Secretary of State or the lessor of the motor
vehicle within 30 days after the Secretary of State or the
lessor of the motor vehicle notifies the municipality or
county of the identity of the owner or lessee of the
vehicle, but not later than 90 days after the violation,
except that in the case of a lessee of a motor vehicle,
service of an automated traffic law violation notice may
occur no later than 210 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 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, 11-208.9, 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

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right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less than
1,000,000 inhabitants and counties with a population of
less than 3,000,000 inhabitants, the automated traffic law
ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
local ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality or
county issuing the violation or by an additional fully
trained fully-trained reviewing technician who is not
employed by the contractor who employs the technician who
made the initial determination. In the case of an automated
speed enforcement system violation, the ordinance shall
require a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of

HB4402 - 29 - LRB101 19093 HEP 68553 b
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was an
emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based loop based equipment no
less frequently than once a year. Radar equipment shall be

HB4402 - 30 - LRB101 19093 HEP 68553 b
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings persist,
or when deemed necessary by a reviewing technician. Radar
equipment shall be checked with the internal frequency
generator and the internal circuit test whenever the radar
is turned on. Technicians must be alert for any unusual or
suspect readings, and if unusual or suspect readings of a
radar unit persist, that unit shall immediately be removed
from service and not returned to service until it has been
checked by a qualified technician and determined to be
functioning properly. Documentation of the annual
calibration results, including the equipment tested, test
date, technician performing the test, and test results,
shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician
performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and if applicable may be equivalent to the
equipment use and operations training included in the Speed
Measuring Device Operator Program developed by the
National Highway Traffic Safety Administration (NHTSA).
The vendor or technician who performs the work shall keep

HB4402 - 31 - LRB101 19093 HEP 68553 b
accurate records on each piece of equipment the technician
calibrates and tests. As used in this paragraph, "fully
trained fully-trained reviewing technician" means a person
who has received at least 40 hours of supervised training
in subjects which shall include image inspection and
interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,
the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons
shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
similar local ordinance has been violated. 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,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated computer generated record shall be

HB4402 - 32 - LRB101 19093 HEP 68553 b
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 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, automated speed enforcement system, or
automated traffic law violation notice in 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

HB4402 - 33 - LRB101 19093 HEP 68553 b
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 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
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 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 if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education

HB4402 - 34 - LRB101 19093 HEP 68553 b
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, 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 to complete
a required traffic education program, 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 incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated

HB4402 - 35 - LRB101 19093 HEP 68553 b
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or may result in suspension of the
person's driver's drivers license for failure to
complete a traffic education program or to pay fines or
penalties, or both, for 10 or more parking violations
under Section 6-306.5, or a combination of 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending driver's drivers license
suspension. This notice shall be sent to the person liable
for failure to complete a required traffic education
program or to pay any fine or penalty that remains due and
owing, or both, on 10 or more parking violations or

HB4402 - 36 - LRB101 19093 HEP 68553 b
combination of 5 or more unpaid automated speed enforcement
system or automated traffic law violations. The notice
shall state that failure to complete a required traffic
education program or to pay the fine or penalty owing, or
both, within 45 days of the notice's date will result in
the municipality or county 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 self addressed, stamped envelope
to the municipality or county along with a request for the
photostatic copy. The notice of impending driver's 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 complete the required traffic
education program or to pay the fine or penalty, or both,
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

HB4402 - 37 - LRB101 19093 HEP 68553 b
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.
(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. 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 completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties 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,
only if specified in the violation notice, is incorrect.

HB4402 - 38 - LRB101 19093 HEP 68553 b
After the determination of parking, standing, compliance,
automated speed enforcement system, 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 or county
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, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
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 or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, or automated traffic law regulations under this Section
may also provide by ordinance for a program of vehicle

HB4402 - 39 - LRB101 19093 HEP 68553 b
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 incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,

HB4402 - 40 - LRB101 19093 HEP 68553 b
or automated traffic law violations, or both, 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, automated speed enforcement system, 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, incomplete traffic education
program, 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 debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, or automated traffic law
violation shall constitute a final disposition of that
violation.

HB4402 - 41 - LRB101 19093 HEP 68553 b
(f) After the expiration of the period within which
judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation, the municipality or
county 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
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, 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 or county 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, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement

HB4402 - 42 - LRB101 19093 HEP 68553 b
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county 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 or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, 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.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; revised 1-21-20.)
(Text of Section after amendment by P.A. 101-623)
Sec. 11-208.3. Administrative adjudication of violations

HB4402 - 43 - LRB101 19093 HEP 68553 b
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for
a system of administrative adjudication of vehicular standing
and parking violations and vehicle compliance violations as
described in this subsection, automated traffic law violations
as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and
automated speed enforcement system violations as defined in
Section 11-208.8. The administrative system shall have as its
purpose the fair and efficient enforcement of municipal or
county regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition
and use of vehicle equipment, and the display of municipal or
county wheel tax licenses within the municipality's or county's
borders. The administrative system shall only have authority to
adjudicate civil offenses carrying fines not in excess of $500
or requiring the completion of a traffic education program, or
both, 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 or county regulation governing the condition or use
of equipment on a vehicle or governing the display of a
municipal or county wheel tax license.

HB4402 - 44 - LRB101 19093 HEP 68553 b
(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 speed enforcement system or 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 speed enforcement system or 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, automated speed
enforcement system, or automated traffic law violation
notice that shall specify or include the date, time, and
place of violation of a parking, standing, compliance,
automated speed enforcement system, or automated traffic
law regulation; the particular regulation violated; any
requirement to complete a traffic education program; the
fine and any penalty that may be assessed for late payment
or failure to complete a required traffic education
program, or both, when so provided by ordinance; the
vehicle make or a photograph of the vehicle; the state
registration number of the vehicle; and the identification
number of the person issuing the notice. With regard to

HB4402 - 45 - LRB101 19093 HEP 68553 b
automated speed enforcement system or automated traffic
law violations, vehicle make shall be specified on the
automated speed enforcement system or automated traffic
law violation notice if the notice does not include a
photograph of the vehicle and the make is available and
readily discernible. With regard to municipalities or
counties 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 violation notice shall state that the
completion of any required traffic education program, the
payment of any indicated fine, and the payment of any
applicable penalty for late payment or failure to complete
a required traffic education program, or both, 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 a parking, standing, or compliance
violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or standing
vehicle; (ii) handing the notice to the operator of a
vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State

HB4402 - 46 - LRB101 19093 HEP 68553 b
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality or county of the identity of the
owner or lessee of the vehicle, but not later than 90 days
after the date of the violation, except that in the case of
a lessee of a motor vehicle, service of a parking,
standing, or compliance violation notice may occur no later
than 210 days after the violation; and service of an
automated speed enforcement system or automated traffic
law violation notice by mail to the address of the
registered owner or lessee of the cited vehicle as recorded
with the Secretary of State or the lessor of the motor
vehicle within 30 days after the Secretary of State or the
lessor of the motor vehicle notifies the municipality or
county of the identity of the owner or lessee of the
vehicle, but not later than 90 days after the violation,
except that in the case of a lessee of a motor vehicle,
service of an automated traffic law violation notice may
occur no later than 210 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

HB4402 - 47 - LRB101 19093 HEP 68553 b
the correctness of all notices produced by the device while
it was under his or her 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, 11-208.9, 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. In municipalities with a population of less than
1,000,000 inhabitants and counties with a population of
less than 3,000,000 inhabitants, the automated traffic law
ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a
local ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must

HB4402 - 48 - LRB101 19093 HEP 68553 b
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality or
county issuing the violation or by an additional fully
trained fully-trained reviewing technician who is not
employed by the contractor who employs the technician who
made the initial determination. In the case of an automated
speed enforcement system violation, the ordinance shall
require a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon
the speed equipment documentation, or if the vehicle was an
emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the

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initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based loop based equipment no
less frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings persist,
or when deemed necessary by a reviewing technician. Radar
equipment shall be checked with the internal frequency
generator and the internal circuit test whenever the radar
is turned on. Technicians must be alert for any unusual or
suspect readings, and if unusual or suspect readings of a
radar unit persist, that unit shall immediately be removed
from service and not returned to service until it has been
checked by a qualified technician and determined to be
functioning properly. Documentation of the annual
calibration results, including the equipment tested, test
date, technician performing the test, and test results,
shall be maintained and available for use in the
determination of an automated speed enforcement system
violation and issuance of a citation. The technician

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performing the calibration and testing of the automated
speed enforcement equipment shall be trained and certified
in the use of equipment for speed enforcement purposes.
Training on the speed enforcement equipment may be
conducted by law enforcement, civilian, or manufacturer's
personnel and if applicable may be equivalent to the
equipment use and operations training included in the Speed
Measuring Device Operator Program developed by the
National Highway Traffic Safety Administration (NHTSA).
The vendor or technician who performs the work shall keep
accurate records on each piece of equipment the technician
calibrates and tests. As used in this paragraph, "fully
trained fully-trained reviewing technician" means a person
who has received at least 40 hours of supervised training
in subjects which shall include image inspection and
interpretation, the elements necessary to prove a
violation, license plate identification, and traffic
safety and management. In all municipalities and counties,
the automated speed enforcement system or automated
traffic law ordinance shall require that no additional fee
shall be charged to the alleged violator for exercising his
or her right to an administrative hearing, and persons
shall be given at least 25 days following an administrative
hearing to pay any civil penalty imposed by a finding that
Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a
similar local ordinance has been violated. The original or

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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,
automated speed enforcement system, or automated traffic
law violation notice issued, signed, and served in
accordance with this Section, a copy of the notice, or the
computer-generated 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 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, automated speed enforcement system, or
automated traffic law violation notice in 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

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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 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8
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 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

HB4402 - 53 - LRB101 19093 HEP 68553 b
compliance violation if the first notice of the
violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance violation notice, the particular regulation
violated, the vehicle make or a photograph of the
vehicle, the state registration number of the vehicle,
any requirement to complete a traffic education
program, the fine and any penalty that may be assessed
for late payment or failure to complete a traffic
education program, or both, 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 to complete
a required traffic education program, 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

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judicial procedures for review, any incomplete traffic
education program or any unpaid fine or penalty, or
both, will constitute a debt due and owing the
municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law violation liability.
This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law violation liability and the conclusion of
judicial review procedures taken under this Section.
The notice shall state that the incomplete traffic
education program or the unpaid fine or penalty, or
both, is a debt due and owing the municipality or
county. The notice shall contain warnings that failure
to complete any required traffic education program or
to pay any fine or penalty due and owing the
municipality or county, or both, within the time
specified may result in the municipality's or county's
filing of a petition in the Circuit Court to have the
incomplete traffic education program or unpaid fine or
penalty, or both, rendered a judgment as provided by
this Section, or, where applicable, may result in
suspension of the person's driver's drivers license
for failure to complete a traffic education program or

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to pay fines or penalties, or both, for 5 or more
automated traffic law violations under Section
11-208.6 or 11-208.9 or automated speed enforcement
system violations under Section 11-208.8.
(6) A notice of impending driver's drivers license
suspension. This notice shall be sent to the person liable
for failure to complete a required traffic education
program or to pay any fine or penalty that remains due and
owing, or both, on 5 or more unpaid automated speed
enforcement system or automated traffic law violations.
The notice shall state that failure to complete a required
traffic education program or to pay the fine or penalty
owing, or both, within 45 days of the notice's date will
result in the municipality or county 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 self
addressed, stamped envelope to the municipality or county
along with a request for the photostatic copy. The notice
of impending driver's 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

HB4402 - 56 - LRB101 19093 HEP 68553 b
approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
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.
(8) A petition to set aside a determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability that may be
filed by a person owing an unpaid fine or penalty. A
petition to set aside a determination of liability may also
be filed by a person required to complete a traffic
education program. 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

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the date the violation notice was issued, (B) the person
having already completed the required traffic education
program or paid the fine or penalty, or both, for the
violation in question, and (C) excusable failure to appear
at or request a new date for a hearing. With regard to
municipalities or counties 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,
only if specified in the violation notice, is incorrect.
After the determination of parking, standing, compliance,
automated speed enforcement system, 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 or county
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, automated speed
enforcement system, or automated traffic law regulations
enacted by ordinance pursuant to this Section, and a
schedule of penalties for late payment of the fines or
failure to complete required traffic education programs,
provided, however, that the total amount of the fine and
penalty for any one violation shall not exceed $250, except

HB4402 - 58 - LRB101 19093 HEP 68553 b
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 or county establishing vehicular
standing, parking, compliance, automated speed enforcement
system, 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 incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violation liability, or both, as
determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic

HB4402 - 59 - LRB101 19093 HEP 68553 b
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation liability, or
both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law violations, or both, 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, automated speed enforcement system, 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, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,

HB4402 - 60 - LRB101 19093 HEP 68553 b
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality or county and, as such, may be
collected in accordance with applicable law. Completion of any
required traffic education program and payment in full of any
fine or penalty resulting from a standing, parking, compliance,
automated speed enforcement system, 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, automated speed enforcement
system, or automated traffic law violation, the municipality or
county 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
or county from consolidating multiple final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law violations against a person in
a proceeding. Upon commencement of the action, the municipality
or county shall file a certified copy or record of the final
determination of parking, standing, compliance, automated
speed enforcement system, 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

HB4402 - 61 - LRB101 19093 HEP 68553 b
applicable municipal or county 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, automated speed enforcement
system, or automated traffic law violations does not exceed
$2500. If the court is satisfied that the final determination
of parking, standing, compliance, automated speed enforcement
system, or automated traffic law violation was entered in
accordance with the requirements of this Section and the
applicable municipal or county 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 or county and against the
registered owner or the lessee for the amount indicated in the
final determination of parking, standing, compliance,
automated speed enforcement system, 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.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of

HB4402 - 62 - LRB101 19093 HEP 68553 b
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
revised 1-21-20.)
(625 ILCS 5/11-208.8)
Sec. 11-208.8. Automated speed enforcement systems in
safety zones.
(a) As used in this Section:
"Automated speed enforcement system" means a photographic
device, radar device, laser device, or other electrical or
mechanical device or devices installed or utilized in a safety
zone and designed to record the speed of a vehicle and obtain a
clear photograph or other recorded image of the vehicle and the
vehicle's registration plate or digital registration plate
while the driver is violating Article VI of Chapter 11 of this
Code or a similar provision of a local ordinance.
An automated speed enforcement system is a system, located
in a safety zone which is under the jurisdiction of a
municipality, that produces a recorded image of a motor
vehicle's violation of a provision of this Code or a local
ordinance and is designed to obtain a clear recorded image of
the vehicle and the vehicle's license plate. The recorded image

HB4402 - 63 - LRB101 19093 HEP 68553 b
must also display the time, date, and location of the
violation.
"Owner" means the person or entity to whom the vehicle is
registered.
"Recorded image" means images recorded by an automated
speed 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 or digital registration
plate number of the motor vehicle.
"Safety zone" means an area that is within one-eighth of a
mile from the nearest property line of any public or private
elementary or secondary school, or from the nearest property
line of any facility, area, or land owned by a school district
that is used for educational purposes approved by the Illinois
State Board of Education, not including school district
headquarters or administrative buildings. A safety zone also
includes an area that is within one-eighth of a mile from the
nearest property line of any facility, area, or land owned by a
park district used for recreational purposes. However, if any
portion of a roadway is within either one-eighth mile radius,
the safety zone also shall include the roadway extended to the
furthest portion of the next furthest intersection. The term

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"safety zone" does not include any portion of the roadway known
as Lake Shore Drive or any controlled access highway with 8 or
more lanes of traffic.
(a-5) The automated speed enforcement system shall be
operational and violations shall be recorded only at the
following times:
(i) if the safety zone is based upon the property line
of any facility, area, or land owned by a school district,
only on school days and no earlier than 6 a.m. and no later
than 8:30 p.m. if the school day is during the period of
Monday through Thursday, or 9 p.m. if the school day is a
Friday; and
(ii) if the safety zone is based upon the property line
of any facility, area, or land owned by a park district, no
earlier than one hour prior to the time that the facility,
area, or land is open to the public or other patrons, and
no later than one hour after the facility, area, or land is
closed to the public or other patrons.
(b) A municipality that produces a recorded image of a
motor vehicle's violation of a provision of this Code or a
local ordinance must make the recorded images of a violation
accessible to the alleged violator by providing the alleged
violator with a website address, accessible through the
Internet.
(c) Notwithstanding any penalties for any other violations
of this Code, the owner of a motor vehicle used in a traffic

HB4402 - 65 - LRB101 19093 HEP 68553 b
violation recorded by an automated speed enforcement system
shall be subject to the following penalties:
(1) if the recorded speed is no less than 6 miles per
hour and no more than 10 miles per hour over the legal
speed limit, a civil penalty not exceeding $50, plus an
additional penalty of not more than $50 for failure to pay
the original penalty in a timely manner; or
(2) if the recorded speed is more than 10 miles per
hour over the legal speed limit, a civil penalty not
exceeding $100, plus an additional penalty of not more than
$100 for failure to pay the original penalty in a timely
manner.
A penalty may not be imposed under this Section if the
driver of the motor vehicle received a Uniform Traffic Citation
from a police officer for a speeding violation occurring within
one-eighth of a mile and 15 minutes of the violation that was
recorded by the system. A violation for which a civil penalty
is imposed under this Section is not a violation of a traffic
regulation governing the movement of vehicles and may not be
recorded on the driving record of the owner of the vehicle. A
law enforcement officer is not required to be present or to
witness the violation. No penalty may be imposed under this
Section if the recorded speed of a vehicle is 5 miles per hour
or less over the legal speed limit. The municipality may send,
in the same manner that notices are sent under this Section, a
speed violation warning notice where the violation involves a

HB4402 - 66 - LRB101 19093 HEP 68553 b
speed of 5 miles per hour or less above the legal speed limit.
(d) The net proceeds that a municipality receives from
civil penalties imposed under an automated speed enforcement
system, after deducting all non-personnel and personnel costs
associated with the operation and maintenance of such system,
shall be expended or obligated by the municipality for the
following purposes:
(i) public safety initiatives to ensure safe passage
around schools, and to provide police protection and
surveillance around schools and parks, including but not
limited to: (1) personnel costs; and (2) non-personnel
costs such as construction and maintenance of public safety
infrastructure and equipment;
(ii) initiatives to improve pedestrian and traffic
safety;
(iii) construction and maintenance of infrastructure
within the municipality, including but not limited to roads
and bridges; and
(iv) after school programs.
(e) For each violation of a provision of this Code or a
local ordinance recorded by an automated speed enforcement
system, the municipality having jurisdiction shall issue a
written notice of the violation to the registered owner of the
vehicle as the alleged violator. The notice shall be delivered
to the registered owner of the vehicle, by mail, within 30 days
after the Secretary of State notifies the municipality of the

HB4402 - 67 - LRB101 19093 HEP 68553 b
identity of the owner of the vehicle, but in no event later
than 90 days after the violation.
(f) The notice required under subsection (e) of this
Section 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 date, time, and location where the violation
occurred;
(5) a copy of the recorded image or images;
(6) the amount of the civil penalty imposed and the
date by which the civil penalty should be paid;
(7) a statement that recorded images are evidence of a
violation of a speed restriction;
(8) 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;
(9) 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; and
(10) a website address, accessible through the

HB4402 - 68 - LRB101 19093 HEP 68553 b
Internet, where the person may view the recorded images of
the violation.
(g) If a person charged with a traffic violation, as a
result of an automated speed enforcement system, does not pay
the fine 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 any fine or
penalty due and owing, or both, as a result of a combination of
5 violations of the automated speed enforcement system or the
automated traffic law under Section 11-208.6 of this Code.
(h) Based on inspection of recorded images produced by an
automated speed 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.
(i) Recorded images made by an automated speed enforcement
system are confidential and shall be made available only to the
alleged violator and governmental and law enforcement agencies
for purposes of adjudicating a violation of this Section, for
statistical purposes, or for other governmental purposes. Any
recorded image evidencing a violation of this Section, however,
may be admissible in any proceeding resulting from the issuance
of the citation.
(j) The court or hearing officer may consider in defense of
a violation:

HB4402 - 69 - LRB101 19093 HEP 68553 b
(1) that the motor vehicle or registration plates or
digital registration plates of the motor vehicle were
stolen before the violation occurred and not under the
control 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 for a
speeding violation occurring within one-eighth of a mile
and 15 minutes of the violation that was recorded by the
system; and
(3) any other evidence or issues provided by municipal
ordinance.
(k) To demonstrate that the motor vehicle or the
registration plates or digital 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.
(l) A roadway equipped with an automated speed enforcement
system shall be posted with a sign conforming to the national
Manual on Uniform Traffic Control Devices that is visible to
approaching traffic stating that vehicle speeds are being
photo-enforced and indicating the speed limit. The
municipality shall install such additional signage as it
determines is necessary to give reasonable notice to drivers as

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to where automated speed enforcement systems are installed.
(m) A roadway where a new automated speed enforcement
system is installed shall be posted with signs providing 30
days notice of the use of a new automated speed enforcement
system prior to the issuance of any citations through the
automated speed enforcement system.
(n) The compensation paid for an automated speed
enforcement system must be based on the value of the equipment
or the services provided and may not be based on the number of
traffic citations issued or the revenue generated by the
system.
(o) A municipality shall make a certified report to the
Secretary of State pursuant to Section 6-306.5 of this Code
whenever a registered owner of a vehicle has failed to pay any
fine or penalty due and owing as a result of a combination of 5
offenses for automated speed or traffic law enforcement system
violations.
(p) No person who is the lessor of a motor vehicle pursuant
to a written lease agreement shall be liable for an automated
speed or traffic law enforcement system violation involving
such motor vehicle during the period of the lease; provided
that upon the request of the appropriate authority received
within 120 days after the violation occurred, the lessor
provides within 60 days after such receipt the name and address
of the lessee. The drivers license number of a lessee may be
subsequently individually requested by the appropriate

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authority if needed for enforcement of this Section.
Upon the provision of information by the lessor pursuant to
this subsection, the municipality may issue the violation to
the lessee of the vehicle in the same manner as it would issue
a violation to a registered owner of a vehicle pursuant to this
Section, and the lessee may be held liable for the violation.
(q) A municipality using an automated speed enforcement
system must provide notice to drivers by publishing the
locations of all safety zones where system equipment is
installed on the website of the municipality.
(r) A municipality operating an automated speed
enforcement system shall conduct a statistical analysis to
assess the safety impact of the system. The statistical
analysis shall be based upon the best available crash, traffic,
and other data, and shall cover a period of time before and
after installation of the system sufficient to provide a
statistically valid comparison of safety impact. The
statistical analysis shall be consistent with professional
judgment and acceptable industry practice. The statistical
analysis also shall be consistent with the data required for
valid comparisons of before and after conditions and shall be
conducted within a reasonable period following the
installation of the automated traffic law enforcement system.
The statistical analysis required by this subsection shall be
made available to the public and shall be published on the
website of the municipality.

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(s) This Section applies only to municipalities with a
population of 1,000,000 or more inhabitants.
(t) Except as provided in this Section, a county or
municipality, including a home rule county or municipality, may
not use an automated speed enforcement system to provide
recorded images of a motor vehicle for the purpose of recording
its speed. Except as provided under this Section, the
regulation of the use of automated speed enforcement systems to
record vehicle speeds is an exclusive power and function of the
State. This subsection (c) is a denial and limitation of home
rule powers and functions under subsection (h) of Section 6 of
Article VII of the Illinois Constitution.
(Source: P.A. 101-395, eff. 8-16-19.)
(625 ILCS 5/11-208.6 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Section 11-208.6.
Section 90. The State Mandates Act is amended by adding
Section 8.45 as follows:
(30 ILCS 805/8.45 new)
Sec. 8.45. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the
implementation of any mandate created by this amendatory Act of
the 101st General Assembly.

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Section 95. No acceleration or delay. Where this Act makes
changes in a statute that is represented in this Act by text
that is not yet or no longer in effect (for example, a Section
represented by multiple versions), the use of that text does
not accelerate or delay the taking effect of (i) the changes
made by this Act or (ii) provisions derived from any other
Public Act.