Bill Text: IL HB5600 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Counties Code. Provides that Will County may adopt an ordinance regulating and imposing a civil penalty on an owner of a vehicle for failure of an operator to comply with gross vehicle weight or axle weight restrictions and that the County may enforce its regulations using an automated vehicle weigh-in-motion enforcement system. Allows a municipality wholly or partially within the County to enter into an intergovernmental agreement with the County to provide automated vehicle weigh-in-motion enforcement systems in the municipal jurisdiction. Includes requirements for automated vehicle weigh-in-motion enforcement systems. Provides requirements for violation notices and for civil penalties for violations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-04-05 - Rule 19(a) / Re-referred to Rules Committee [HB5600 Detail]
Download: Illinois-2023-HB5600-Introduced.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Counties Code is amended by adding Section | |||||||||||||||||||
5 | 5-1189 as follows:
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6 | (55 ILCS 5/5-1189 new) | |||||||||||||||||||
7 | Sec. 5-1189. Vehicle weight and axle weight restrictions. | |||||||||||||||||||
8 | (a) This Section applies only to Will County and to | |||||||||||||||||||
9 | municipalities located wholly within or partially within Will | |||||||||||||||||||
10 | County. | |||||||||||||||||||
11 | (b) As used in this Section: | |||||||||||||||||||
12 | "Automated vehicle weigh-in-motion enforcement system" | |||||||||||||||||||
13 | means a device with one or more motor vehicle sensors working | |||||||||||||||||||
14 | in conjunction with a permanent roadway scale to produce | |||||||||||||||||||
15 | recorded images of motor vehicles in violation of this | |||||||||||||||||||
16 | Section. | |||||||||||||||||||
17 | "Recorded images" means images recorded by an automated | |||||||||||||||||||
18 | vehicle weigh-in-motion enforcement system on (i) 2 or more | |||||||||||||||||||
19 | photographs, 2 or more microphotographs, 2 or more electronic | |||||||||||||||||||
20 | images, or a video recording showing the motor vehicle and | |||||||||||||||||||
21 | (ii) at least one image or portion of the recording, clearly | |||||||||||||||||||
22 | identifying the registration plate or digital registration | |||||||||||||||||||
23 | plate number of the motor vehicle. |
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1 | (c) The County may adopt an ordinance regulating and | ||||||
2 | imposing a civil penalty on an owner of a vehicle for failure | ||||||
3 | of an operator to comply with gross vehicle weight or axle | ||||||
4 | weight restrictions. The County may enforce its regulations | ||||||
5 | using an automated vehicle weigh-in-motion enforcement system. | ||||||
6 | (d) The County's automated vehicle weigh-in-motion | ||||||
7 | enforcement system that produces a recorded image of a motor | ||||||
8 | vehicle's violation of an ordinance adopted under subsection | ||||||
9 | (a), including a violation in a municipality with an | ||||||
10 | intergovernmental agreement with the County under subsection | ||||||
11 | (k), must make the recorded images of a violation accessible | ||||||
12 | to the alleged violator by providing the alleged violator with | ||||||
13 | a website address accessible through the Internet. | ||||||
14 | (e) For each violation of an ordinance adopted under | ||||||
15 | subsection (a) recorded by an automated vehicle | ||||||
16 | weigh-in-motion enforcement system, including a violation in a | ||||||
17 | municipality with an intergovernmental agreement with the | ||||||
18 | County under subsection (k), the County or municipality shall | ||||||
19 | issue a written notice of the violation to the registered | ||||||
20 | owner of the vehicle as the alleged violator. The notice shall | ||||||
21 | be delivered to the registered owner of the vehicle, by mail, | ||||||
22 | within 30 days after the Secretary of State notifies the | ||||||
23 | County or municipality of the identity of the owner of the | ||||||
24 | vehicle, but no later than 90 days after the violation. The | ||||||
25 | notice shall include: | ||||||
26 | (1) the name and address of the registered owner of |
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1 | the vehicle; | ||||||
2 | (2) the registration number of the motor vehicle | ||||||
3 | involved in the violation; | ||||||
4 | (3) the violation charged, including the weight limits | ||||||
5 | of the roadway and the weight of the offending vehicle; | ||||||
6 | (4) the location where the violation occurred; | ||||||
7 | (5) the date and time of the violation; | ||||||
8 | (6) a copy of the recorded images; | ||||||
9 | (7) the amount of the civil penalty imposed and the | ||||||
10 | date by which the civil penalty should be paid and the | ||||||
11 | traffic education program should be completed; | ||||||
12 | (8) a statement that recorded images are evidence of a | ||||||
13 | violation; | ||||||
14 | (9) a warning that failure to pay the civil penalty, | ||||||
15 | or to contest liability in a timely manner, is an | ||||||
16 | admission of liability; | ||||||
17 | (10) a statement that the person may elect to proceed | ||||||
18 | by: | ||||||
19 | (A) paying the fine; or | ||||||
20 | (B) challenging the charge in court, by mail, or | ||||||
21 | by administrative hearing; and | ||||||
22 | (11) a website address, accessible through the | ||||||
23 | Internet, where the person may view the recorded images of | ||||||
24 | the violation and the scale readings. | ||||||
25 | (f) Based on inspection of recorded images produced by an | ||||||
26 | automated vehicle weigh-in-motion enforcement system, a notice |
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1 | alleging that the violation occurred shall be evidence of the | ||||||
2 | facts contained in the notice and admissible in any proceeding | ||||||
3 | alleging a violation under this Section. | ||||||
4 | (g) Recorded images made by an automated vehicle | ||||||
5 | weigh-in-motion enforcement system are confidential and shall | ||||||
6 | be made available only to the alleged violator and | ||||||
7 | governmental and law enforcement agencies for purposes of | ||||||
8 | adjudicating a violation of this Section, for statistical | ||||||
9 | purposes, or for other governmental purposes, except that a | ||||||
10 | recorded image evidencing a violation of this Section may be | ||||||
11 | admissible in any proceeding resulting from the issuance of | ||||||
12 | the citation. | ||||||
13 | (h) If a motor vehicle is recorded by an automated vehicle | ||||||
14 | weigh-in-motion enforcement system, the motor vehicle owner is | ||||||
15 | subject to a civil penalty not exceeding $500 plus an | ||||||
16 | additional penalty of not more than $500 for failure to pay the | ||||||
17 | original penalty in a timely manner, except when the driver of | ||||||
18 | the motor vehicle received a Uniform Traffic Citation from a | ||||||
19 | police officer at the time of the violation. The State's | ||||||
20 | Attorney for the County may enforce the civil penalty in the | ||||||
21 | circuit court. | ||||||
22 | (i) A violation for which a civil penalty is imposed under | ||||||
23 | this Section is not a violation of a traffic regulation | ||||||
24 | governing the movement of vehicles, may not be recorded on the | ||||||
25 | driving record of the owner of the vehicle, and may not be used | ||||||
26 | against the operator in determination of insurance rates or |
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1 | traffic violations in the provision of motor vehicle insurance | ||||||
2 | coverage. | ||||||
3 | (j) A roadway equipped with an automated vehicle | ||||||
4 | weigh-in-motion enforcement system must be posted with a sign | ||||||
5 | visible to approaching traffic indicating that the roadway is | ||||||
6 | being monitored by an automated vehicle weigh-in-motion | ||||||
7 | enforcement system and the clearly stated weight limits. | ||||||
8 | (k) An automated vehicle weigh-in-motion enforcement | ||||||
9 | system shall undergo a calibration check every 6 months in | ||||||
10 | accordance with specifications prescribed under a memorandum | ||||||
11 | of agreement between the County's department of transportation | ||||||
12 | and the Illinois Department of Agriculture. The calibration | ||||||
13 | check shall be performed by an independent calibration | ||||||
14 | laboratory that shall issue a signed certificate of | ||||||
15 | calibration on its letterhead to the County. | ||||||
16 | (l) The County's department of transportation shall | ||||||
17 | establish a range, according to the manufacturer's standards | ||||||
18 | and its monitoring of the system, for evaluating information | ||||||
19 | and data collected from sensor readings of each automated | ||||||
20 | vehicle weigh-in-motion enforcement system. Each automated | ||||||
21 | vehicle weigh-in-motion enforcement system shall be set to | ||||||
22 | automatically alert the County's department of transportation | ||||||
23 | of significant variations from the established range during a | ||||||
24 | 24-hour period. After receiving an alert, the automated | ||||||
25 | vehicle weigh-in-motion enforcement system shall be inspected | ||||||
26 | and any necessary adjustments shall be made. The County's |
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