Bill Text: IL SB0923 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning certificates of title.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0556 [SB0923 Detail]
Download: Illinois-2013-SB0923-Amended.html
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning certificates of title.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Passed) 2013-08-27 - Public Act . . . . . . . . . 98-0556 [SB0923 Detail]
Download: Illinois-2013-SB0923-Amended.html
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1 | AMENDMENT TO SENATE BILL 923
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2 | AMENDMENT NO. ______. Amend Senate Bill 923 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 1-105.2, 6-306.5, 11-208, 11-208.3, and | ||||||
6 | 11-612 and by adding Section 11-208.9 as follows:
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7 | (625 ILCS 5/1-105.2)
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8 | Sec. 1-105.2. Automated traffic law violation. A violation | ||||||
9 | described in Section 11-208.6 , 11-208.9, or 11-1201.1 of this | ||||||
10 | Code.
| ||||||
11 | (Source: P.A. 96-478, eff. 1-1-10.)
| ||||||
12 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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13 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
14 | parking,
compliance, automated speed enforcement system, or | ||||||
15 | automated traffic law violations; suspension of driving |
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1 | privileges.
| ||||||
2 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
3 | subsection (c) of
this Section, from
any municipality or county | ||||||
4 | stating that the owner of a registered vehicle: (1) has failed
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5 | to pay any fine or penalty due and owing as a result of 10 or | ||||||
6 | more violations
of a
municipality's or county's vehicular | ||||||
7 | standing, parking, or compliance
regulations established by
| ||||||
8 | ordinance pursuant to Section 11-208.3 of this Code, (2) has | ||||||
9 | failed to pay any
fine or penalty due and owing as a result of 5 | ||||||
10 | offenses for automated speed enforcement system violations or | ||||||
11 | automated traffic
violations as defined in Sections
11-208.6, | ||||||
12 | 11-208.8, 11-208.9, or 11-1201.1, or combination thereof, or | ||||||
13 | (3) is more than 14 days in default of a payment plan pursuant | ||||||
14 | to which a suspension had been terminated under subsection (c) | ||||||
15 | of this Section, the Secretary of State
shall suspend the | ||||||
16 | driving privileges of such person in accordance with the
| ||||||
17 | procedures set forth in this Section.
The Secretary shall also | ||||||
18 | suspend the driving privileges of an owner of a
registered | ||||||
19 | vehicle upon receipt of a certified report, as prescribed by
| ||||||
20 | subsection (f) of this Section, from any municipality or county | ||||||
21 | stating that such
person has failed to satisfy any fines or | ||||||
22 | penalties imposed by final judgments
for 5 or more automated | ||||||
23 | speed enforcement system or automated traffic law violations, | ||||||
24 | or combination thereof, or 10 or more violations of local | ||||||
25 | standing, parking, or
compliance regulations after
exhaustion | ||||||
26 | of judicial review procedures.
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1 | (b) Following receipt of the certified report of the | ||||||
2 | municipality or county as
specified in this Section, the | ||||||
3 | Secretary of State shall notify the person
whose name appears | ||||||
4 | on the certified report that
the person's
drivers license will | ||||||
5 | be suspended at the end of a specified period of time
unless | ||||||
6 | the Secretary of State is presented with a notice from the
| ||||||
7 | municipality or county certifying that the fine or penalty due
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8 | and owing the municipality or county has been paid or that | ||||||
9 | inclusion of that
person's name on the certified report was in | ||||||
10 | error. The Secretary's notice
shall state in substance the | ||||||
11 | information
contained in the municipality's or county's | ||||||
12 | certified report to the Secretary, and
shall be effective as | ||||||
13 | specified by subsection (c) of Section 6-211 of this
Code.
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14 | (c) The report of the appropriate municipal or county | ||||||
15 | official notifying the
Secretary of State of unpaid fines or | ||||||
16 | penalties pursuant to this Section
shall be certified and shall | ||||||
17 | contain the following:
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18 | (1) The name, last known address as recorded with the | ||||||
19 | Secretary of State, as provided by the lessor of the cited | ||||||
20 | vehicle at the time of lease, or as recorded in a United | ||||||
21 | States Post Office approved database if any notice sent | ||||||
22 | under Section 11-208.3 of this Code is returned as | ||||||
23 | undeliverable, and drivers license number of the
person who | ||||||
24 | failed to pay the fine or
penalty or who has defaulted in a | ||||||
25 | payment plan and the registration number of any vehicle | ||||||
26 | known to be registered
to such person in this State.
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1 | (2) The name of the municipality or county making the | ||||||
2 | report pursuant to this
Section.
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3 | (3) A statement that the municipality or county sent a | ||||||
4 | notice of impending
drivers license suspension as | ||||||
5 | prescribed by ordinance enacted
pursuant to Section | ||||||
6 | 11-208.3 of this Code or a notice of default in a payment | ||||||
7 | plan, to the person named in the report at the
address | ||||||
8 | recorded with the Secretary of State or at the last address | ||||||
9 | known to the lessor of the cited vehicle at the time of | ||||||
10 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
11 | Code is returned as undeliverable, at the last known | ||||||
12 | address recorded in a United States Post Office approved | ||||||
13 | database; the date on which such
notice was sent; and the | ||||||
14 | address to which such notice was sent.
In a municipality or | ||||||
15 | county with a population of 1,000,000 or more, the report | ||||||
16 | shall
also include a statement that the alleged violator's | ||||||
17 | State vehicle registration
number and vehicle make, if | ||||||
18 | specified on the automated speed enforcement system | ||||||
19 | violation or automated traffic law violation notice, are | ||||||
20 | correct as they appear on the citations. | ||||||
21 | (4) A unique identifying reference number for each | ||||||
22 | request of suspension sent whenever a person has failed to | ||||||
23 | pay the fine or penalty or has defaulted on a payment plan.
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24 | (d) Any municipality or county making a certified report to | ||||||
25 | the Secretary of State
pursuant to this Section
shall notify | ||||||
26 | the Secretary of State, in a form prescribed by the
Secretary, |
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1 | whenever a person named in the certified report has paid the
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2 | previously reported fine or penalty, whenever a person named in | ||||||
3 | the certified report has entered into a payment plan pursuant | ||||||
4 | to which the municipality or county has agreed to terminate the | ||||||
5 | suspension, or whenever the municipality or county determines
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6 | that the original report was in error. A certified copy of such
| ||||||
7 | notification shall also be given upon request and at no | ||||||
8 | additional charge
to the person named therein. Upon receipt of | ||||||
9 | the municipality's or county's
notification or presentation of | ||||||
10 | a certified copy of such notification, the
Secretary of State | ||||||
11 | shall terminate the suspension.
| ||||||
12 | (e) Any municipality or county making a certified report to | ||||||
13 | the Secretary of State
pursuant to this Section
shall also by | ||||||
14 | ordinance establish procedures for persons to
challenge the | ||||||
15 | accuracy of the certified report. The ordinance shall also
| ||||||
16 | state the grounds for such a challenge, which may be limited to | ||||||
17 | (1) the
person not having been the owner or lessee of the | ||||||
18 | vehicle or vehicles
receiving 10 or more standing, parking, or | ||||||
19 | compliance
violation notices or a combination of 5 or more | ||||||
20 | automated speed enforcement system or automated traffic law | ||||||
21 | violations on the date or dates such notices were issued; and | ||||||
22 | (2) the
person
having already paid the fine or penalty for the | ||||||
23 | 10 or more standing, parking, or compliance violations or | ||||||
24 | combination of 5 or more automated speed enforcement system or | ||||||
25 | automated traffic law violations
indicated on the certified | ||||||
26 | report.
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1 | (f) Any municipality or county, other than a municipality | ||||||
2 | or county establishing vehicular
standing, parking, and | ||||||
3 | compliance regulations pursuant to
Section 11-208.3, automated | ||||||
4 | speed enforcement system regulations under Section 11-208.8, | ||||||
5 | or automated traffic law regulations under Section 11-208.6 , | ||||||
6 | 11-208.9, or 11-1201.1, may also
cause a suspension of a | ||||||
7 | person's drivers license pursuant to this Section.
Such | ||||||
8 | municipality or county may invoke this sanction by making a | ||||||
9 | certified report to
the Secretary of State upon a person's | ||||||
10 | failure to satisfy any fine or
penalty imposed by final | ||||||
11 | judgment for 10 or more violations of local
standing, parking, | ||||||
12 | or compliance regulations or a combination of 5 or more | ||||||
13 | automated speed enforcement system or automated traffic law | ||||||
14 | violations after exhaustion
of judicial review
procedures, but | ||||||
15 | only if:
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16 | (1) the municipality or county complies with the | ||||||
17 | provisions of this Section in all
respects except in regard | ||||||
18 | to enacting an ordinance pursuant to Section
11-208.3;
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19 | (2) the municipality or county has sent a notice of | ||||||
20 | impending
drivers license suspension as prescribed by an | ||||||
21 | ordinance enacted pursuant to
subsection (g) of this | ||||||
22 | Section; and
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23 | (3) in municipalities or counties with a population of | ||||||
24 | 1,000,000 or more, the
municipality or county
has verified | ||||||
25 | that the alleged violator's State vehicle registration | ||||||
26 | number and
vehicle make are correct as they appear on the |
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1 | citations.
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2 | (g) Any municipality or county, other than a municipality | ||||||
3 | or county establishing
standing, parking, and compliance | ||||||
4 | regulations pursuant to
Section 11-208.3, automated speed | ||||||
5 | enforcement system regulations under Section 11-208.8, or | ||||||
6 | automated traffic law regulations under Section 11-208.6 , | ||||||
7 | 11-208.9, or 11-1201.1, may provide by
ordinance for the | ||||||
8 | sending of a notice of impending
drivers license suspension to | ||||||
9 | the person who has failed to satisfy any fine
or penalty | ||||||
10 | imposed by final judgment for 10 or more violations of local
| ||||||
11 | standing, parking, or compliance regulations or a combination | ||||||
12 | of 5 or more automated speed enforcement system or automated | ||||||
13 | traffic law violations after exhaustion
of
judicial review
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14 | procedures. An ordinance so providing shall specify that the | ||||||
15 | notice
sent to the person liable for any fine or penalty
shall | ||||||
16 | state that failure to pay the fine or
penalty owing within 45 | ||||||
17 | days of the notice's date will result in the
municipality or | ||||||
18 | county notifying the Secretary of State that
the person's | ||||||
19 | drivers license is eligible for suspension pursuant to this
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20 | Section.
The notice of impending drivers license suspension
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21 | shall be sent by first class United States mail, postage | ||||||
22 | prepaid, to the
address
recorded with the Secretary of State or | ||||||
23 | at the last address known to the lessor of the cited vehicle at | ||||||
24 | the time of lease or, if any notice sent under Section 11-208.3 | ||||||
25 | of this Code is returned as undeliverable, to the last known | ||||||
26 | address recorded in a United States Post Office approved |
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1 | database.
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2 | (h) An administrative hearing to contest an impending | ||||||
3 | suspension or a
suspension made pursuant to this Section may be | ||||||
4 | had upon filing a written
request with the Secretary of State. | ||||||
5 | The filing fee for this hearing shall
be $20, to be paid at the | ||||||
6 | time the request is made.
A municipality or county which files | ||||||
7 | a certified report with the Secretary of
State pursuant to this | ||||||
8 | Section shall reimburse the Secretary for all
reasonable costs | ||||||
9 | incurred by the Secretary as a result of the filing of the
| ||||||
10 | report, including but not limited to the costs of providing the | ||||||
11 | notice
required pursuant to subsection (b) and the costs | ||||||
12 | incurred by the Secretary
in any hearing conducted with respect | ||||||
13 | to the report pursuant to this
subsection and any appeal from | ||||||
14 | such a hearing.
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15 | (i) The provisions of this Section shall apply on and after | ||||||
16 | January 1, 1988.
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17 | (j) For purposes of this Section, the term "compliance | ||||||
18 | violation" is
defined as in Section 11-208.3.
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19 | (Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10; | ||||||
20 | 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11; 97-672, eff. | ||||||
21 | 7-1-12 .)
| ||||||
22 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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23 | Sec. 11-208. Powers of local authorities.
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24 | (a) The provisions of this Code shall not be deemed to | ||||||
25 | prevent
local authorities with respect to streets and highways |
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1 | under their
jurisdiction and within the reasonable exercise of | ||||||
2 | the police power from:
| ||||||
3 | 1. Regulating the standing or parking of vehicles, | ||||||
4 | except as
limited by Sections 11-1306 and 11-1307 of this | ||||||
5 | Act;
| ||||||
6 | 2. Regulating traffic by means of police officers or | ||||||
7 | traffic control
signals;
| ||||||
8 | 3. Regulating or prohibiting processions or | ||||||
9 | assemblages on the highways;
| ||||||
10 | 4. Designating particular highways as one-way highways | ||||||
11 | and requiring that
all vehicles thereon be moved in one | ||||||
12 | specific direction;
| ||||||
13 | 5. Regulating the speed of vehicles in public parks | ||||||
14 | subject to the
limitations set forth in Section 11-604;
| ||||||
15 | 6. Designating any highway as a through highway, as | ||||||
16 | authorized in Section
11-302, and requiring that all | ||||||
17 | vehicles stop before entering or crossing
the same or | ||||||
18 | designating any intersection as a stop intersection or a | ||||||
19 | yield
right-of-way intersection and requiring all vehicles | ||||||
20 | to stop or yield the
right-of-way at one or more entrances | ||||||
21 | to such intersections;
| ||||||
22 | 7. Restricting the use of highways as authorized in | ||||||
23 | Chapter 15;
| ||||||
24 | 8. Regulating the operation of bicycles and requiring | ||||||
25 | the
registration and licensing of same, including the | ||||||
26 | requirement of a
registration fee;
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1 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
2 | specified
types of vehicles at intersections;
| ||||||
3 | 10. Altering the speed limits as authorized in Section | ||||||
4 | 11-604;
| ||||||
5 | 11. Prohibiting U-turns;
| ||||||
6 | 12. Prohibiting pedestrian crossings at other than | ||||||
7 | designated and marked
crosswalks or at intersections;
| ||||||
8 | 13. Prohibiting parking during snow removal operation;
| ||||||
9 | 14. Imposing fines in accordance with Section | ||||||
10 | 11-1301.3 as penalties
for use of any parking place | ||||||
11 | reserved for persons with disabilities, as defined
by | ||||||
12 | Section 1-159.1, or disabled veterans by any person using a | ||||||
13 | motor
vehicle not bearing registration plates specified in | ||||||
14 | Section 11-1301.1
or a special decal or device as defined | ||||||
15 | in Section 11-1301.2
as evidence that the vehicle is | ||||||
16 | operated by or for a person
with disabilities or disabled | ||||||
17 | veteran;
| ||||||
18 | 15. Adopting such other traffic regulations as are | ||||||
19 | specifically
authorized by this Code; or
| ||||||
20 | 16. Enforcing the provisions of subsection (f) of | ||||||
21 | Section 3-413 of this
Code or a similar local ordinance.
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22 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
23 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
24 | until signs giving
reasonable notice of such local traffic | ||||||
25 | regulations are posted.
| ||||||
26 | (c) The provisions of this Code shall not prevent any
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1 | municipality having a population of 500,000 or more inhabitants | ||||||
2 | from
prohibiting any person from driving or operating any motor | ||||||
3 | vehicle upon
the roadways of such municipality with headlamps | ||||||
4 | on high beam or bright.
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5 | (d) The provisions of this Code shall not be deemed to | ||||||
6 | prevent local
authorities within the reasonable exercise of | ||||||
7 | their police power from
prohibiting, on private property, the | ||||||
8 | unauthorized use of parking spaces
reserved for persons with | ||||||
9 | disabilities.
| ||||||
10 | (e) No unit of local government, including a home rule | ||||||
11 | unit, may enact or
enforce an ordinance that applies only to | ||||||
12 | motorcycles if the principal purpose
for that ordinance is to | ||||||
13 | restrict the access of motorcycles to any highway or
portion of | ||||||
14 | a highway for which federal or State funds have been used for | ||||||
15 | the
planning, design, construction, or maintenance of that | ||||||
16 | highway. No unit of
local government, including a home rule | ||||||
17 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
18 | protective headgear. Nothing in this subsection
(e) shall | ||||||
19 | affect the authority of a unit of local government to regulate
| ||||||
20 | motorcycles for traffic control purposes or in accordance with | ||||||
21 | Section 12-602
of this Code. No unit of local government, | ||||||
22 | including a home rule unit, may
regulate motorcycles in a | ||||||
23 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
24 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
25 | the
Illinois Constitution on the concurrent exercise by home | ||||||
26 | rule units of powers
and functions exercised by the State.
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1 | (f) A municipality or county designated in Section 11-208.6 | ||||||
2 | may enact an ordinance providing for an
automated traffic law | ||||||
3 | enforcement system to enforce violations of this Code or
a | ||||||
4 | similar provision of a local ordinance and imposing liability | ||||||
5 | on a registered owner or lessee of a vehicle used in such a | ||||||
6 | violation.
| ||||||
7 | (g) A municipality or county, as provided in Section | ||||||
8 | 11-1201.1, may enact an ordinance providing for an automated | ||||||
9 | traffic law enforcement system to enforce violations of Section | ||||||
10 | 11-1201 of this Code or a similar provision of a local | ||||||
11 | ordinance and imposing liability on a registered owner of a | ||||||
12 | vehicle used in such a violation.
| ||||||
13 | (h) A municipality designated in Section 11-208.8 may enact | ||||||
14 | an ordinance providing for an
automated speed enforcement | ||||||
15 | system to enforce violations of Article VI of Chapter 11 of | ||||||
16 | this Code or a similar provision of a local ordinance. | ||||||
17 | (i) A municipality or county designated in Section 11-208.9 | ||||||
18 | may enact an ordinance providing for an
automated traffic law | ||||||
19 | enforcement system to enforce violations of Section 11-1414 of | ||||||
20 | this Code or
a similar provision of a local ordinance and | ||||||
21 | imposing liability on a registered owner or lessee of a vehicle | ||||||
22 | used in such a violation. | ||||||
23 | (Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29, | ||||||
24 | eff. 1-1-12; 97-672, eff. 7-1-12 .)
| ||||||
25 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
|
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1 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
2 | of traffic
regulations concerning the standing, parking, or | ||||||
3 | condition of
vehicles, automated traffic law violations, and | ||||||
4 | automated speed enforcement system violations.
| ||||||
5 | (a) Any municipality or county may provide by ordinance for | ||||||
6 | a system of
administrative adjudication of vehicular standing | ||||||
7 | and parking violations and
vehicle compliance violations as | ||||||
8 | described in this subsection, automated traffic law violations | ||||||
9 | as defined in Section 11-208.6 , 11-208.9, or 11-1201.1, and | ||||||
10 | automated speed enforcement system violations as defined in | ||||||
11 | Section 11-208.8.
The administrative system shall have as its | ||||||
12 | purpose the fair and
efficient enforcement of municipal or | ||||||
13 | county regulations through the
administrative adjudication of | ||||||
14 | automated speed enforcement system or automated traffic law | ||||||
15 | violations and violations of municipal or county ordinances
| ||||||
16 | regulating the standing and parking of vehicles, the condition | ||||||
17 | and use of
vehicle equipment, and the display of municipal or | ||||||
18 | county wheel tax licenses within the
municipality's
or county's | ||||||
19 | borders. The administrative system shall only have authority to | ||||||
20 | adjudicate
civil offenses carrying fines not in excess of $500 | ||||||
21 | or requiring the completion of a traffic education program, or | ||||||
22 | both, that occur after the
effective date of the ordinance | ||||||
23 | adopting such a system under this Section.
For purposes of this | ||||||
24 | Section, "compliance violation" means a violation of a
| ||||||
25 | municipal or county regulation governing the condition or use | ||||||
26 | of equipment on a vehicle
or governing the display of a |
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| |||||||
1 | municipal or county wheel tax license.
| ||||||
2 | (b) Any ordinance establishing a system of administrative | ||||||
3 | adjudication
under this Section shall provide for:
| ||||||
4 | (1) A traffic compliance administrator authorized to
| ||||||
5 | adopt, distribute and
process parking, compliance, and | ||||||
6 | automated speed enforcement system or automated traffic | ||||||
7 | law violation notices and other notices required
by this
| ||||||
8 | Section, collect money paid as fines and penalties for | ||||||
9 | violation of parking
and compliance
ordinances and | ||||||
10 | automated speed enforcement system or automated traffic | ||||||
11 | law violations, and operate an administrative adjudication | ||||||
12 | system. The traffic
compliance
administrator also may make | ||||||
13 | a certified report to the Secretary of State
under Section | ||||||
14 | 6-306.5.
| ||||||
15 | (2) A parking, standing, compliance, automated speed | ||||||
16 | enforcement system, or automated traffic law violation | ||||||
17 | notice
that
shall specify the date,
time, and place of | ||||||
18 | violation of a parking, standing,
compliance, automated | ||||||
19 | speed enforcement system, or automated traffic law
| ||||||
20 | regulation; the particular regulation
violated; any | ||||||
21 | requirement to complete a traffic education program; the | ||||||
22 | fine and any penalty that may be assessed for late payment | ||||||
23 | or failure to complete a required traffic education | ||||||
24 | program, or both,
when so provided by ordinance; the | ||||||
25 | vehicle make and state registration
number; and the | ||||||
26 | identification number of the
person issuing the notice.
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1 | With regard to automated speed enforcement system or | ||||||
2 | automated traffic law violations, vehicle make shall be | ||||||
3 | specified on the automated speed enforcement system or | ||||||
4 | automated traffic law violation notice if the make is | ||||||
5 | available and readily discernible. With regard to | ||||||
6 | municipalities or counties with a population of 1 million | ||||||
7 | or more, it
shall be grounds for
dismissal of a parking
| ||||||
8 | violation if the state registration number or vehicle make | ||||||
9 | specified is
incorrect. The violation notice shall state | ||||||
10 | that the completion of any required traffic education | ||||||
11 | program, the payment of any indicated
fine, and the payment | ||||||
12 | of any applicable penalty for late payment or failure to | ||||||
13 | complete a required traffic education program, or both, | ||||||
14 | shall operate as a
final disposition of the violation. The | ||||||
15 | notice also shall contain
information as to the | ||||||
16 | availability of a hearing in which the violation may
be | ||||||
17 | contested on its merits. The violation notice shall specify | ||||||
18 | the
time and manner in which a hearing may be had.
| ||||||
19 | (3) Service of the parking, standing, or compliance
| ||||||
20 | violation notice by affixing the
original or a facsimile of | ||||||
21 | the notice to an unlawfully parked vehicle or by
handing | ||||||
22 | the notice to the operator of a vehicle if he or she is
| ||||||
23 | present and service of an automated speed enforcement | ||||||
24 | system or automated traffic law violation notice by mail to | ||||||
25 | the
address
of the registered owner or lessee of the cited | ||||||
26 | vehicle as recorded with the Secretary of
State or the |
| |||||||
| |||||||
1 | lessor of the motor vehicle within 30 days after the | ||||||
2 | Secretary of State or the lessor of the motor vehicle | ||||||
3 | notifies the municipality or county of the identity of the | ||||||
4 | owner or lessee of the vehicle, but not later than 90 days | ||||||
5 | after the violation, except that in the case of a lessee of | ||||||
6 | a motor vehicle, service of an automated traffic law | ||||||
7 | violation notice may occur no later than 210 days after the | ||||||
8 | violation. A person authorized by ordinance to issue and | ||||||
9 | serve parking,
standing, and compliance
violation notices | ||||||
10 | shall certify as to the correctness of the facts entered
on | ||||||
11 | the violation notice by signing his or her name to the | ||||||
12 | notice at
the time of service or in the case of a notice | ||||||
13 | produced by a computerized
device, by signing a single | ||||||
14 | certificate to be kept by the traffic
compliance
| ||||||
15 | administrator attesting to the correctness of all notices | ||||||
16 | produced by the
device while it was under his or her | ||||||
17 | control. In the case of an automated traffic law violation, | ||||||
18 | the ordinance shall
require
a
determination by a technician | ||||||
19 | employed or contracted by the municipality or county that,
| ||||||
20 | based on inspection of recorded images, the motor vehicle | ||||||
21 | was being operated in
violation of Section 11-208.6 , | ||||||
22 | 11-208.9, or 11-1201.1 or a local ordinance.
If the | ||||||
23 | technician determines that the
vehicle entered the | ||||||
24 | intersection as part of a funeral procession or in order to
| ||||||
25 | yield the right-of-way to an emergency vehicle, a citation | ||||||
26 | shall not be issued. In municipalities with a population of |
| |||||||
| |||||||
1 | less than 1,000,000 inhabitants and counties with a | ||||||
2 | population of less than 3,000,000 inhabitants, the | ||||||
3 | automated traffic law ordinance shall require that all | ||||||
4 | determinations by a technician that a motor vehicle was | ||||||
5 | being operated in
violation of Section 11-208.6 , 11-208.9, | ||||||
6 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
7 | approved by a law enforcement officer or retired law | ||||||
8 | enforcement officer of the municipality or county issuing | ||||||
9 | the violation. In municipalities with a population of | ||||||
10 | 1,000,000 or more inhabitants and counties with a | ||||||
11 | population of 3,000,000 or more inhabitants, the automated | ||||||
12 | traffic law ordinance shall require that all | ||||||
13 | determinations by a technician that a motor vehicle was | ||||||
14 | being operated in
violation of Section 11-208.6 , 11-208.9, | ||||||
15 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
16 | approved by a law enforcement officer or retired law | ||||||
17 | enforcement officer of the municipality or county issuing | ||||||
18 | the violation or by an additional fully-trained reviewing | ||||||
19 | technician who is not employed by the contractor who | ||||||
20 | employs the technician who made the initial determination. | ||||||
21 | In the case of an automated speed enforcement system | ||||||
22 | violation, the ordinance shall require a determination by a | ||||||
23 | technician employed by the municipality, based upon an | ||||||
24 | inspection of recorded images, video or other | ||||||
25 | documentation, including documentation of the speed limit | ||||||
26 | and automated speed enforcement signage, and documentation |
| |||||||
| |||||||
1 | of the inspection, calibration, and certification of the | ||||||
2 | speed equipment, that the vehicle was being operated in | ||||||
3 | violation of Article VI of Chapter 11 of this Code or a | ||||||
4 | similar local ordinance. If the technician determines that | ||||||
5 | the vehicle speed was not determined by a calibrated, | ||||||
6 | certified speed equipment device based upon the speed | ||||||
7 | equipment documentation, or if the vehicle was an emergency | ||||||
8 | vehicle, a citation may not be issued. The automated speed | ||||||
9 | enforcement ordinance shall require that all | ||||||
10 | determinations by a technician that a violation occurred be | ||||||
11 | reviewed and approved by a law enforcement officer or | ||||||
12 | retired law enforcement officer of the municipality | ||||||
13 | issuing the violation or by an additional fully trained | ||||||
14 | reviewing technician who is not employed by the contractor | ||||||
15 | who employs the technician who made the initial | ||||||
16 | determination. Routine and independent calibration of the | ||||||
17 | speeds produced by automated speed enforcement systems and | ||||||
18 | equipment shall be conducted by a qualified technician. | ||||||
19 | Speeds produced by an automated speed enforcement system | ||||||
20 | shall be compared with speeds produced by lidar or other | ||||||
21 | independent equipment. Qualified technicians shall test | ||||||
22 | radar or lidar equipment no less frequently than once each | ||||||
23 | week, and shall test loop based equipment no less | ||||||
24 | frequently than once a year. Radar equipment shall be | ||||||
25 | checked for accuracy by a qualified technician when the | ||||||
26 | unit is serviced, when unusual or suspect readings persist, |
| |||||||
| |||||||
1 | or when deemed necessary by a reviewing technician. Radar | ||||||
2 | equipment shall be checked with certified tuning forks, the | ||||||
3 | internal circuit test, and diode display test whenever the | ||||||
4 | radar is turned on. Technicians must be alert for any | ||||||
5 | unusual or suspect readings, and if unusual or suspect | ||||||
6 | readings of a radar unit persist, that unit shall | ||||||
7 | immediately be removed from service and not returned to | ||||||
8 | service until it has been checked by a qualified technician | ||||||
9 | and determined to be functioning properly. Documentation | ||||||
10 | of the calibration results, including the equipment | ||||||
11 | tested, test date, technician performing the test, and test | ||||||
12 | results, shall be maintained and available for use in the | ||||||
13 | determination of an automated speed enforcement system | ||||||
14 | violation and issuance of a citation. The technician | ||||||
15 | performing the calibration and testing of the automated | ||||||
16 | speed enforcement equipment shall be trained and certified | ||||||
17 | in the use of equipment for speed enforcement purposes. | ||||||
18 | Training on the speed enforcement equipment may be | ||||||
19 | conducted by law enforcement, civilian, or manufacturer's | ||||||
20 | personnel and shall be equivalent to the equipment use and | ||||||
21 | operations training included in the Speed Measuring Device | ||||||
22 | Operator Program developed by the National Highway Traffic | ||||||
23 | Safety Administration (NHTSA). The technician who performs | ||||||
24 | the work shall keep accurate records on each piece of | ||||||
25 | equipment the technician calibrates and tests. As used in | ||||||
26 | this paragraph, "fully-trained reviewing technician" means |
| |||||||
| |||||||
1 | a person who has received at least 40 hours of supervised | ||||||
2 | training in subjects which shall include image inspection | ||||||
3 | and interpretation, the elements necessary to prove a | ||||||
4 | violation, license plate identification, and traffic | ||||||
5 | safety and management. In all municipalities and counties, | ||||||
6 | the automated speed enforcement system or automated | ||||||
7 | traffic law ordinance shall require that no additional fee | ||||||
8 | shall be charged to the alleged violator for exercising his | ||||||
9 | or her right to an administrative hearing, and persons | ||||||
10 | shall be given at least 25 days following an administrative | ||||||
11 | hearing to pay any civil penalty imposed by a finding that | ||||||
12 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a | ||||||
13 | similar local ordinance has been violated. The original or | ||||||
14 | a
facsimile of the violation notice or, in the case of a | ||||||
15 | notice produced by a
computerized device, a printed record | ||||||
16 | generated by the device showing the facts
entered on the | ||||||
17 | notice, shall be retained by the
traffic compliance
| ||||||
18 | administrator, and shall be a record kept in the ordinary | ||||||
19 | course of
business. A parking, standing, compliance, | ||||||
20 | automated speed enforcement system, or automated traffic | ||||||
21 | law violation notice issued,
signed and served in
| ||||||
22 | accordance with this Section, a copy of the notice, or the | ||||||
23 | computer
generated record shall be prima facie
correct and | ||||||
24 | shall be prima facie evidence of the correctness of the | ||||||
25 | facts
shown on the notice. The notice, copy, or computer | ||||||
26 | generated
record shall be admissible in any
subsequent |
| |||||||
| |||||||
1 | administrative or legal proceedings.
| ||||||
2 | (4) An opportunity for a hearing for the registered | ||||||
3 | owner of the
vehicle cited in the parking, standing, | ||||||
4 | compliance, automated speed enforcement system, or | ||||||
5 | automated traffic law violation notice in
which the owner | ||||||
6 | may
contest the merits of the alleged violation, and during | ||||||
7 | which formal or
technical rules of evidence shall not | ||||||
8 | apply; provided, however, that under
Section 11-1306 of | ||||||
9 | this Code the lessee of a vehicle cited in the
violation | ||||||
10 | notice likewise shall be provided an opportunity for a | ||||||
11 | hearing of
the same kind afforded the registered owner. The | ||||||
12 | hearings shall be
recorded, and the person conducting the | ||||||
13 | hearing on behalf of the traffic
compliance
administrator | ||||||
14 | shall be empowered to administer oaths and to secure by
| ||||||
15 | subpoena both the attendance and testimony of witnesses and | ||||||
16 | the production
of relevant books and papers. Persons | ||||||
17 | appearing at a hearing under this
Section may be | ||||||
18 | represented by counsel at their expense. The ordinance may
| ||||||
19 | also provide for internal administrative review following | ||||||
20 | the decision of
the hearing officer.
| ||||||
21 | (5) Service of additional notices, sent by first class | ||||||
22 | United States
mail, postage prepaid, to the address of the | ||||||
23 | registered owner of the cited
vehicle as recorded with the | ||||||
24 | Secretary of State or, if any notice to that address is | ||||||
25 | returned as undeliverable, to the last known address | ||||||
26 | recorded in a United States Post Office approved database,
|
| |||||||
| |||||||
1 | or, under Section 11-1306
or subsection (p) of Section | ||||||
2 | 11-208.6 or 11-208.9 , or subsection (p) of Section 11-208.8 | ||||||
3 | of this Code, to the lessee of the cited vehicle at the | ||||||
4 | last address known
to the lessor of the cited vehicle at | ||||||
5 | the time of lease or, if any notice to that address is | ||||||
6 | returned as undeliverable, to the last known address | ||||||
7 | recorded in a United States Post Office approved database.
| ||||||
8 | The service shall
be deemed complete as of the date of | ||||||
9 | deposit in the United States mail.
The notices shall be in | ||||||
10 | the following sequence and shall include but not be
limited | ||||||
11 | to the information specified herein:
| ||||||
12 | (i) A second notice of parking, standing, or | ||||||
13 | compliance violation. This notice shall specify the
| ||||||
14 | date and location of the violation cited in the | ||||||
15 | parking,
standing,
or compliance violation
notice, the | ||||||
16 | particular regulation violated, the vehicle
make and | ||||||
17 | state registration number, any requirement to complete | ||||||
18 | a traffic education program, the fine and any penalty | ||||||
19 | that may be
assessed for late payment or failure to | ||||||
20 | complete a traffic education program, or both, when so | ||||||
21 | provided by ordinance, the availability
of a hearing in | ||||||
22 | which the violation may be contested on its merits, and | ||||||
23 | the
time and manner in which the hearing may be had. | ||||||
24 | The notice of violation
shall also state that failure | ||||||
25 | to complete a required traffic education program, to | ||||||
26 | pay the indicated fine and any
applicable penalty, or |
| |||||||
| |||||||
1 | to appear at a hearing on the merits in the time and
| ||||||
2 | manner specified, will result in a final determination | ||||||
3 | of violation
liability for the cited violation in the | ||||||
4 | amount of the fine or penalty
indicated, and that, upon | ||||||
5 | the occurrence of a final determination of violation | ||||||
6 | liability for the failure, and the exhaustion of, or
| ||||||
7 | failure to exhaust, available administrative or | ||||||
8 | judicial procedures for
review, any incomplete traffic | ||||||
9 | education program or any unpaid fine or penalty, or | ||||||
10 | both, will constitute a debt due and owing
the | ||||||
11 | municipality or county.
| ||||||
12 | (ii) A notice of final determination of parking, | ||||||
13 | standing,
compliance, automated speed enforcement | ||||||
14 | system, or automated traffic law violation liability.
| ||||||
15 | This notice shall be sent following a final | ||||||
16 | determination of parking,
standing, compliance, | ||||||
17 | automated speed enforcement system, or automated | ||||||
18 | traffic law
violation liability and the conclusion of | ||||||
19 | judicial review procedures taken
under this Section. | ||||||
20 | The notice shall state that the incomplete traffic | ||||||
21 | education program or the unpaid fine or
penalty, or | ||||||
22 | both, is a debt due and owing the municipality or | ||||||
23 | county. The notice shall contain
warnings that failure | ||||||
24 | to complete any required traffic education program or | ||||||
25 | to pay any fine or penalty due and owing the
| ||||||
26 | municipality or county, or both, within the time |
| |||||||
| |||||||
1 | specified may result in the municipality's
or county's | ||||||
2 | filing of a petition in the Circuit Court to have the | ||||||
3 | incomplete traffic education program or unpaid
fine or | ||||||
4 | penalty, or both, rendered a judgment as provided by | ||||||
5 | this Section, or may
result in suspension of the | ||||||
6 | person's drivers license for failure to complete a | ||||||
7 | traffic education program or to pay
fines or penalties, | ||||||
8 | or both, for 10 or more parking violations under | ||||||
9 | Section 6-306.5, or a combination of 5 or more | ||||||
10 | automated traffic law violations under Section | ||||||
11 | 11-208.6 or 11-208.9 or automated speed enforcement | ||||||
12 | system violations under Section 11-208.8.
| ||||||
13 | (6) A notice of impending drivers license suspension. | ||||||
14 | This
notice shall be sent to the person liable for failure | ||||||
15 | to complete a required traffic education program or to pay | ||||||
16 | any fine or penalty that
remains due and owing, or both, on | ||||||
17 | 10 or more parking
violations or combination of 5 or more | ||||||
18 | unpaid automated speed enforcement system or automated | ||||||
19 | traffic law violations. The notice
shall state that failure | ||||||
20 | to complete a required traffic education program or to pay | ||||||
21 | the fine or penalty owing, or both, within 45 days of
the | ||||||
22 | notice's date will result in the municipality or county | ||||||
23 | notifying the Secretary
of State that the person is | ||||||
24 | eligible for initiation of suspension
proceedings under | ||||||
25 | Section 6-306.5 of this Code. The notice shall also state
| ||||||
26 | that the person may obtain a photostatic copy of an |
| |||||||
| |||||||
1 | original ticket imposing a
fine or penalty by sending a | ||||||
2 | self addressed, stamped envelope to the
municipality or | ||||||
3 | county along with a request for the photostatic copy.
The | ||||||
4 | notice of impending
drivers license suspension shall be | ||||||
5 | sent by first class United States mail,
postage prepaid, to | ||||||
6 | the address recorded with the Secretary of State or, if any | ||||||
7 | notice to that address is returned as undeliverable, to the | ||||||
8 | last known address recorded in a United States Post Office | ||||||
9 | approved database.
| ||||||
10 | (7) Final determinations of violation liability. A | ||||||
11 | final
determination of violation liability shall occur | ||||||
12 | following failure to complete the required traffic | ||||||
13 | education program or
to pay the fine or penalty, or both, | ||||||
14 | after a hearing officer's determination of violation | ||||||
15 | liability and the exhaustion of or failure to exhaust any
| ||||||
16 | administrative review procedures provided by ordinance. | ||||||
17 | Where a person
fails to appear at a hearing to contest the | ||||||
18 | alleged violation in the time
and manner specified in a | ||||||
19 | prior mailed notice, the hearing officer's
determination | ||||||
20 | of violation liability shall become final: (A) upon
denial | ||||||
21 | of a timely petition to set aside that determination, or | ||||||
22 | (B) upon
expiration of the period for filing the petition | ||||||
23 | without a
filing having been made.
| ||||||
24 | (8) A petition to set aside a determination of parking, | ||||||
25 | standing,
compliance, automated speed enforcement system, | ||||||
26 | or automated traffic law violation
liability that may be |
| |||||||
| |||||||
1 | filed by a person owing an unpaid fine or penalty. A | ||||||
2 | petition to set aside a determination of liability may also | ||||||
3 | be filed by a person required to complete a traffic | ||||||
4 | education program.
The petition shall be filed with and | ||||||
5 | ruled upon by the traffic compliance
administrator in the | ||||||
6 | manner and within the time specified by ordinance.
The | ||||||
7 | grounds for the petition may be limited to: (A) the person | ||||||
8 | not having
been the owner or lessee of the cited vehicle on | ||||||
9 | the date the
violation notice was issued, (B) the person | ||||||
10 | having already completed the required traffic education | ||||||
11 | program or paid the fine or
penalty, or both, for the | ||||||
12 | violation in question, and (C) excusable failure to
appear | ||||||
13 | at or
request a new date for a hearing.
With regard to | ||||||
14 | municipalities or counties with a population of 1 million | ||||||
15 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
16 | violation if the state registration number, or vehicle make | ||||||
17 | if specified, is
incorrect. After the determination of
| ||||||
18 | parking, standing, compliance, automated speed enforcement | ||||||
19 | system, or automated traffic law violation liability has | ||||||
20 | been set aside
upon a showing of just
cause, the registered | ||||||
21 | owner shall be provided with a hearing on the merits
for | ||||||
22 | that violation.
| ||||||
23 | (9) Procedures for non-residents. Procedures by which | ||||||
24 | persons who are
not residents of the municipality or county | ||||||
25 | may contest the merits of the alleged
violation without | ||||||
26 | attending a hearing.
|
| |||||||
| |||||||
1 | (10) A schedule of civil fines for violations of | ||||||
2 | vehicular standing,
parking, compliance, automated speed | ||||||
3 | enforcement system, or automated traffic law regulations | ||||||
4 | enacted by ordinance pursuant to this
Section, and a
| ||||||
5 | schedule of penalties for late payment of the fines or | ||||||
6 | failure to complete required traffic education programs, | ||||||
7 | provided, however,
that the total amount of the fine and | ||||||
8 | penalty for any one violation shall
not exceed $250, except | ||||||
9 | as provided in subsection (c) of Section 11-1301.3 of this | ||||||
10 | Code.
| ||||||
11 | (11) Other provisions as are necessary and proper to | ||||||
12 | carry into
effect the powers granted and purposes stated in | ||||||
13 | this Section.
| ||||||
14 | (c) Any municipality or county establishing vehicular | ||||||
15 | standing, parking,
compliance, automated speed enforcement | ||||||
16 | system, or automated traffic law
regulations under this Section | ||||||
17 | may also provide by ordinance for a
program of vehicle | ||||||
18 | immobilization for the purpose of facilitating
enforcement of | ||||||
19 | those regulations. The program of vehicle
immobilization shall | ||||||
20 | provide for immobilizing any eligible vehicle upon the
public | ||||||
21 | way by presence of a restraint in a manner to prevent operation | ||||||
22 | of
the vehicle. Any ordinance establishing a program of vehicle
| ||||||
23 | immobilization under this Section shall provide:
| ||||||
24 | (1) Criteria for the designation of vehicles eligible | ||||||
25 | for
immobilization. A vehicle shall be eligible for | ||||||
26 | immobilization when the
registered owner of the vehicle has |
| |||||||
| |||||||
1 | accumulated the number of incomplete traffic education | ||||||
2 | programs or unpaid final
determinations of parking, | ||||||
3 | standing, compliance, automated speed enforcement system, | ||||||
4 | or automated traffic law violation liability, or both, as
| ||||||
5 | determined by ordinance.
| ||||||
6 | (2) A notice of impending vehicle immobilization and a | ||||||
7 | right to a
hearing to challenge the validity of the notice | ||||||
8 | by disproving liability
for the incomplete traffic | ||||||
9 | education programs or unpaid final determinations of | ||||||
10 | parking, standing, compliance, automated speed enforcement | ||||||
11 | system, or automated traffic law
violation liability, or | ||||||
12 | both, listed
on the notice.
| ||||||
13 | (3) The right to a prompt hearing after a vehicle has | ||||||
14 | been immobilized
or subsequently towed without the | ||||||
15 | completion of the required traffic education program or | ||||||
16 | payment of the outstanding fines and
penalties on parking, | ||||||
17 | standing, compliance, automated speed enforcement system, | ||||||
18 | or automated traffic law violations, or both, for which | ||||||
19 | final
determinations have been
issued. An order issued | ||||||
20 | after the hearing is a final administrative
decision within | ||||||
21 | the meaning of Section 3-101 of the Code of Civil | ||||||
22 | Procedure.
| ||||||
23 | (4) A post immobilization and post-towing notice | ||||||
24 | advising the registered
owner of the vehicle of the right | ||||||
25 | to a hearing to challenge the validity
of the impoundment.
| ||||||
26 | (d) Judicial review of final determinations of parking, |
| |||||||
| |||||||
1 | standing,
compliance, automated speed enforcement system, or | ||||||
2 | automated traffic law
violations and final administrative | ||||||
3 | decisions issued after hearings
regarding vehicle | ||||||
4 | immobilization and impoundment made
under this Section shall be | ||||||
5 | subject to the provisions of
the Administrative Review Law.
| ||||||
6 | (e) Any fine, penalty, incomplete traffic education | ||||||
7 | program, or part of any fine or any penalty remaining
unpaid | ||||||
8 | after the exhaustion of, or the failure to exhaust, | ||||||
9 | administrative
remedies created under this Section and the | ||||||
10 | conclusion of any judicial
review procedures shall be a debt | ||||||
11 | due and owing the municipality or county and, as
such, may be | ||||||
12 | collected in accordance with applicable law. Completion of any | ||||||
13 | required traffic education program and payment in full
of any | ||||||
14 | fine or penalty resulting from a standing, parking,
compliance, | ||||||
15 | automated speed enforcement system, or automated traffic law | ||||||
16 | violation shall
constitute a final disposition of that | ||||||
17 | violation.
| ||||||
18 | (f) After the expiration of the period within which | ||||||
19 | judicial review may
be sought for a final determination of | ||||||
20 | parking, standing, compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law
violation, the municipality
or | ||||||
22 | county may commence a proceeding in the Circuit Court for | ||||||
23 | purposes of obtaining a
judgment on the final determination of | ||||||
24 | violation. Nothing in this
Section shall prevent a municipality | ||||||
25 | or county from consolidating multiple final
determinations of | ||||||
26 | parking, standing, compliance, automated speed enforcement |
| |||||||
| |||||||
1 | system, or automated traffic law violations against a
person in | ||||||
2 | a proceeding.
Upon commencement of the action, the municipality | ||||||
3 | or county shall file a certified
copy or record of the final | ||||||
4 | determination of parking, standing, compliance, automated | ||||||
5 | speed enforcement system, or automated traffic law
violation, | ||||||
6 | which shall be
accompanied by a certification that recites | ||||||
7 | facts sufficient to show that
the final determination of | ||||||
8 | violation was
issued in accordance with this Section and the | ||||||
9 | applicable municipal
or county ordinance. Service of the | ||||||
10 | summons and a copy of the petition may be by
any method | ||||||
11 | provided by Section 2-203 of the Code of Civil Procedure or by
| ||||||
12 | certified mail, return receipt requested, provided that the | ||||||
13 | total amount of
fines and penalties for final determinations of | ||||||
14 | parking, standing,
compliance, automated speed enforcement | ||||||
15 | system, or automated traffic law violations does not
exceed | ||||||
16 | $2500. If the court is satisfied that the final determination | ||||||
17 | of
parking, standing, compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation was entered in | ||||||
19 | accordance with
the requirements of
this Section and the | ||||||
20 | applicable municipal or county ordinance, and that the | ||||||
21 | registered
owner or the lessee, as the case may be, had an | ||||||
22 | opportunity for an
administrative hearing and for judicial | ||||||
23 | review as provided in this Section,
the court shall render | ||||||
24 | judgment in favor of the municipality or county and against
the | ||||||
25 | registered owner or the lessee for the amount indicated in the | ||||||
26 | final
determination of parking, standing, compliance, |
| |||||||
| |||||||
1 | automated speed enforcement system, or automated traffic law | ||||||
2 | violation, plus costs.
The judgment shall have
the same effect | ||||||
3 | and may be enforced in the same manner as other judgments
for | ||||||
4 | the recovery of money.
| ||||||
5 | (g) The fee for participating in a traffic education | ||||||
6 | program under this Section shall not exceed $25. | ||||||
7 | A low-income individual required to complete a traffic | ||||||
8 | education program under this Section who provides proof of | ||||||
9 | eligibility for the federal earned income tax credit under | ||||||
10 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
11 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
12 | Act shall not be required to pay any fee for participating in a | ||||||
13 | required traffic education program. | ||||||
14 | (Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; | ||||||
15 | 96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | ||||||
16 | 7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff. | ||||||
17 | 7-1-12 .)
| ||||||
18 | (625 ILCS 5/11-208.9 new) | ||||||
19 | Sec. 11-208.9. Automated traffic law enforcement system; | ||||||
20 | approaching, overtaking, and passing a school bus. | ||||||
21 | (a) As used in this Section, "automated traffic law | ||||||
22 | enforcement
system" means a device with one or more motor | ||||||
23 | vehicle sensors working
in conjunction with the visual signals | ||||||
24 | on a school bus, as specified in Sections 12-803 and 12-805 of | ||||||
25 | this Code, to produce recorded images of
motor vehicles that |
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1 | fail to stop before meeting or overtaking, from either | ||||||
2 | direction, any school bus stopped at any location for the | ||||||
3 | purpose of receiving or discharging pupils in violation of | ||||||
4 | Section 11-1414 of this Code or a similar provision
of a local | ||||||
5 | ordinance. | ||||||
6 | An
automated traffic law enforcement system is a system, in | ||||||
7 | a municipality or
county operated by a
governmental agency, | ||||||
8 | that
produces a recorded image of a motor vehicle's
violation | ||||||
9 | of a provision of this Code or a local ordinance
and is | ||||||
10 | designed to obtain a clear recorded image of the
vehicle and | ||||||
11 | the vehicle's license plate. The recorded image must also
| ||||||
12 | display the time, date, and location of the violation. | ||||||
13 | (b) As used in this Section, "recorded images" means images
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14 | recorded by an automated traffic law enforcement system on: | ||||||
15 | (1) 2 or more photographs; | ||||||
16 | (2) 2 or more microphotographs; | ||||||
17 | (3) 2 or more electronic images; or | ||||||
18 | (4) a video recording showing the motor vehicle and, on | ||||||
19 | at
least one image or portion of the recording, clearly | ||||||
20 | identifying the
registration plate number of the motor | ||||||
21 | vehicle. | ||||||
22 | (c) A municipality or
county that
produces a recorded image | ||||||
23 | of a motor vehicle's
violation of a provision of this Code or a | ||||||
24 | local ordinance must make the recorded images of a violation | ||||||
25 | accessible to the alleged violator by providing the alleged | ||||||
26 | violator with a website address, accessible through the |
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1 | Internet. | ||||||
2 | (d) For each violation of a provision of this Code or a | ||||||
3 | local ordinance
recorded by an automatic
traffic law | ||||||
4 | enforcement system, the county or municipality having
| ||||||
5 | jurisdiction shall issue a written notice of the
violation to | ||||||
6 | the registered owner of the vehicle as the alleged
violator. | ||||||
7 | The notice shall be delivered to the registered
owner of the | ||||||
8 | vehicle, by mail, within 30 days after the Secretary of State | ||||||
9 | notifies the municipality or county of the identity of the | ||||||
10 | owner of the vehicle, but in no event later than 90 days after | ||||||
11 | the violation. | ||||||
12 | (e) The notice required under subsection (d) shall include: | ||||||
13 | (1) the name and address of the registered owner of the
| ||||||
14 | vehicle; | ||||||
15 | (2) the registration number of the motor vehicle
| ||||||
16 | involved in the violation; | ||||||
17 | (3) the violation charged; | ||||||
18 | (4) the location where the violation occurred; | ||||||
19 | (5) the date and time of the violation; | ||||||
20 | (6) a copy of the recorded images; | ||||||
21 | (7) the amount of the civil penalty imposed and the | ||||||
22 | date
by which the civil penalty should be paid; | ||||||
23 | (8) a statement that recorded images are evidence of a
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24 | violation of overtaking or passing a school bus stopped for | ||||||
25 | the purpose of receiving or discharging pupils; | ||||||
26 | (9) a warning that failure to pay the civil penalty or |
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1 | to
contest liability in a timely manner is an admission of
| ||||||
2 | liability and may result in a suspension of the driving
| ||||||
3 | privileges of the registered owner of the vehicle; | ||||||
4 | (10) a statement that the person may elect to proceed | ||||||
5 | by: | ||||||
6 | (A) paying the fine; or | ||||||
7 | (B) challenging the charge in court, by mail, or by | ||||||
8 | administrative hearing; and | ||||||
9 | (11) a website address, accessible through the | ||||||
10 | Internet, where the person may view the recorded images of | ||||||
11 | the violation. | ||||||
12 | (f) If a person
charged with a traffic violation, as a | ||||||
13 | result of an automated traffic law
enforcement system under | ||||||
14 | this Section, does not pay the fine or successfully contest the | ||||||
15 | civil
penalty resulting from that violation, the Secretary of | ||||||
16 | State shall suspend the
driving privileges of the
registered | ||||||
17 | owner of the vehicle under Section 6-306.5 of this Code for | ||||||
18 | failing
to pay any fine or penalty
due and owing as a result of | ||||||
19 | a combination of 5 violations of the automated traffic law
| ||||||
20 | enforcement system or the automated speed enforcement system | ||||||
21 | under Section 11-208.8 of this Code. | ||||||
22 | (g) Based on inspection of recorded images produced by an
| ||||||
23 | automated traffic law enforcement system, a notice alleging | ||||||
24 | that the violation occurred shall be evidence of the facts | ||||||
25 | contained
in the notice and admissible in any proceeding | ||||||
26 | alleging a
violation under this Section. |
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1 | (h) Recorded images made by an automatic traffic law
| ||||||
2 | enforcement system are confidential and shall be made
available | ||||||
3 | only to the alleged violator and governmental and
law | ||||||
4 | enforcement agencies for purposes of adjudicating a
violation | ||||||
5 | of this Section, for statistical purposes, or for other | ||||||
6 | governmental purposes. Any recorded image evidencing a
| ||||||
7 | violation of this Section, however, may be admissible in
any | ||||||
8 | proceeding resulting from the issuance of the citation. | ||||||
9 | (i) The court or hearing officer may consider in defense of | ||||||
10 | a violation: | ||||||
11 | (1) that the motor vehicle or registration plates of | ||||||
12 | the motor
vehicle were stolen before the violation occurred | ||||||
13 | and not
under the control of or in the possession of the | ||||||
14 | owner at
the time of the violation; | ||||||
15 | (2) that the driver of the motor vehicle received a | ||||||
16 | Uniform Traffic Citation from a police officer for a | ||||||
17 | violation of Section 11-1414 of this Code within one-eight | ||||||
18 | of a mile and 15 minutes of the violation that was recorded | ||||||
19 | by the system; | ||||||
20 | (3) that the visual signals required by Sections 12-803 | ||||||
21 | and 12-805 of this Code were damaged, not activated, not | ||||||
22 | present in violation of Sections 12-803 and 12-805, or | ||||||
23 | inoperable; and | ||||||
24 | (4) any other evidence or issues provided by municipal | ||||||
25 | or county ordinance. | ||||||
26 | (j) To demonstrate that the motor vehicle or the |
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1 | registration
plates were stolen before the violation occurred | ||||||
2 | and were not under the
control or possession of the owner at | ||||||
3 | the time of the violation, the
owner must submit proof that a | ||||||
4 | report concerning the stolen
motor vehicle or registration | ||||||
5 | plates was filed with a law enforcement agency in a timely | ||||||
6 | manner. | ||||||
7 | (k) Unless the driver of the motor vehicle received a | ||||||
8 | Uniform
Traffic Citation from a police officer at the time of | ||||||
9 | the violation,
the motor vehicle owner is subject to a civil | ||||||
10 | penalty not exceeding
$150 for a first time violation or $500 | ||||||
11 | for a second or subsequent violation, plus an additional | ||||||
12 | penalty of not more than $100 for failure to pay the original | ||||||
13 | penalty in a timely manner, if the motor vehicle is recorded by | ||||||
14 | an automated traffic law
enforcement system. A violation for | ||||||
15 | which a civil penalty is imposed
under this Section is not a | ||||||
16 | violation of a traffic regulation governing
the movement of | ||||||
17 | vehicles and may not be recorded on the driving record
of the | ||||||
18 | owner of the vehicle, but may be recorded by the municipality | ||||||
19 | or county for the purpose of determining if a person is subject | ||||||
20 | to the higher fine for a second or subsequent offense. | ||||||
21 | (l) A school bus equipped with an automated traffic law
| ||||||
22 | enforcement system must be posted with a sign indicating that | ||||||
23 | the school bus is being monitored by an automated
traffic law | ||||||
24 | enforcement system. | ||||||
25 | (m) A municipality or
county that has one or more school | ||||||
26 | buses equipped with an automated traffic law
enforcement system |
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1 | must provide notice to drivers by posting a list of school | ||||||
2 | districts using school buses equipped with an automated traffic | ||||||
3 | law system on the municipality or county website. School | ||||||
4 | districts that have one or more school buses equipped with an | ||||||
5 | automated traffic law enforcement system must provide notice to | ||||||
6 | drivers by posting that information on their websites. | ||||||
7 | (n) A municipality or county operating an automated traffic | ||||||
8 | law enforcement system shall conduct a statistical analysis to | ||||||
9 | assess the safety impact in each school district using school | ||||||
10 | buses equipped with an automated traffic law enforcement system | ||||||
11 | following installation of the system. The statistical analysis | ||||||
12 | shall be based upon the best available crash, traffic, and | ||||||
13 | other data, and shall cover a period of time before and after | ||||||
14 | installation of the system sufficient to provide a | ||||||
15 | statistically valid comparison of safety impact. The | ||||||
16 | statistical analysis shall be consistent with professional | ||||||
17 | judgment and acceptable industry practice. The statistical | ||||||
18 | analysis also shall be consistent with the data required for | ||||||
19 | valid comparisons of before and after conditions and shall be | ||||||
20 | conducted within a reasonable period following the | ||||||
21 | installation of the automated traffic law enforcement system. | ||||||
22 | The statistical analysis required by this subsection shall be | ||||||
23 | made available to the public and shall be published on the | ||||||
24 | website of the municipality or county. If the statistical | ||||||
25 | analysis for the 36 month period following installation of the | ||||||
26 | system indicates that there has been an increase in the rate of |
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1 | accidents at the approach to school buses monitored by the | ||||||
2 | system, the municipality or county shall undertake additional | ||||||
3 | studies to determine the cause and severity of the accidents, | ||||||
4 | and may take any action that it determines is necessary or | ||||||
5 | appropriate to reduce the number or severity of the accidents | ||||||
6 | involving school buses equipped with an automated traffic law | ||||||
7 | enforcement system. | ||||||
8 | (o) The compensation paid for an automated traffic law | ||||||
9 | enforcement system
must be based on the value of the equipment | ||||||
10 | or the services provided and may
not be based on the number of | ||||||
11 | traffic citations issued or the revenue generated
by the | ||||||
12 | system. | ||||||
13 | (p) No person who is the lessor of a motor vehicle pursuant | ||||||
14 | to a written lease agreement shall be liable for an automated | ||||||
15 | speed or traffic law enforcement system violation involving | ||||||
16 | such motor vehicle during the period of the lease; provided | ||||||
17 | that upon the request of the appropriate authority received | ||||||
18 | within 120 days after the violation occurred, the lessor | ||||||
19 | provides within 60 days after such receipt the name and address | ||||||
20 | of the lessee. The drivers license number of a lessee may be | ||||||
21 | subsequently individually requested by the appropriate | ||||||
22 | authority if needed for enforcement of this Section. | ||||||
23 | Upon the provision of information by the lessor pursuant to | ||||||
24 | this subsection, the county or municipality may issue the | ||||||
25 | violation to the lessee of the vehicle in the same manner as it | ||||||
26 | would issue a violation to a registered owner of a vehicle |
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| |||||||
1 | pursuant to this Section, and the lessee may be held liable for | ||||||
2 | the violation. | ||||||
3 | (q) A municipality or county shall make a certified report | ||||||
4 | to the Secretary of State pursuant to Section 6-306.5 of this | ||||||
5 | Code whenever a registered owner of a vehicle has failed to pay | ||||||
6 | any
fine or penalty due and owing as a result of a combination | ||||||
7 | of 5 offenses for automated traffic
law or speed enforcement | ||||||
8 | system violations. | ||||||
9 | (r) A municipality or county that chooses to implement an | ||||||
10 | automated traffic law enforcement system under this Section | ||||||
11 | shall do so on a school district by school district basis. Each | ||||||
12 | school district shall be responsible for entering into its own | ||||||
13 | contract with vendors for the installation, maintenance, and | ||||||
14 | operation of its automatic traffic law enforcement system. This | ||||||
15 | contract must be approved by the elected school board of that | ||||||
16 | district. ".
|