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| Public Act 103-0756
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| SB2654 Enrolled | LRB103 35598 JDS 65671 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by |
changing Sections 4-203 and 4-204 as follows:
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(625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203) |
Sec. 4-203. Removal of motor vehicles or other vehicles; |
towing or hauling away. |
(a) When a vehicle is abandoned, or left unattended, on a |
toll highway, interstate highway, or expressway for 2 hours or |
more, its removal by a towing service may be authorized by a |
law enforcement agency having jurisdiction. |
(b) When a vehicle is abandoned on a highway in an urban |
district for 10 hours or more, its removal by a towing service |
may be authorized by a law enforcement agency having |
jurisdiction. |
(c) When a vehicle is abandoned or left unattended on a |
highway other than a toll highway, interstate highway, or |
expressway, outside of an urban district for 24 hours or more, |
its removal by a towing service may be authorized by a law |
enforcement agency having jurisdiction. |
(d) When an abandoned, unattended, wrecked, burned, or |
partially dismantled vehicle is creating a traffic hazard |
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because of its position in relation to the highway or its |
physical appearance is causing the impeding of traffic, its |
immediate removal from the highway or private property |
adjacent to the highway by a towing service may be authorized |
by a law enforcement agency having jurisdiction. |
(e) Whenever a peace officer reasonably believes that a |
person under arrest for a violation of Section 11-501 of this |
Code or a similar provision of a local ordinance is likely, |
upon release, to commit a subsequent violation of Section |
11-501, or a similar provision of a local ordinance, the |
arresting officer shall have the vehicle which the person was |
operating at the time of the arrest impounded for a period of |
12 hours after the time of arrest. However, such vehicle may be |
released by the arresting law enforcement agency prior to the |
end of the impoundment period if: |
(1) the vehicle was not owned by the person under |
arrest, and the lawful owner requesting such release |
possesses a valid operator's license, proof of ownership, |
and would not, as determined by the arresting law |
enforcement agency, indicate a lack of ability to operate |
a motor vehicle in a safe manner, or who would otherwise, |
by operating such motor vehicle, be in violation of this |
Code; or |
(2) the vehicle is owned by the person under arrest, |
and the person under arrest gives permission to another |
person to operate such vehicle, provided however, that the |
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other person possesses a valid operator's license and |
would not, as determined by the arresting law enforcement |
agency, indicate a lack of ability to operate a motor |
vehicle in a safe manner or who would otherwise, by |
operating such motor vehicle, be in violation of this |
Code. |
(e-5) Whenever a registered owner of a vehicle is taken |
into custody for operating the vehicle in violation of Section |
11-501 of this Code or a similar provision of a local ordinance |
or Section 6-303 of this Code, a law enforcement officer may |
have the vehicle immediately impounded for a period not less |
than: |
(1) 24 hours for a second violation of Section 11-501 |
of this Code or a similar provision of a local ordinance or |
Section 6-303 of this Code or a combination of these |
offenses; or |
(2) 48 hours for a third violation of Section 11-501 |
of this Code or a similar provision of a local ordinance or |
Section 6-303 of this Code or a combination of these |
offenses. |
The vehicle may be released sooner if the vehicle is owned |
by the person under arrest and the person under arrest gives |
permission to another person to operate the vehicle and that |
other person possesses a valid operator's license and would |
not, as determined by the arresting law enforcement agency, |
indicate a lack of ability to operate a motor vehicle in a safe |
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manner or would otherwise, by operating the motor vehicle, be |
in violation of this Code. |
(f) Except as provided in Chapter 18a of this Code, the |
owner or lessor of privately owned real property within this |
State, or any person authorized by such owner or lessor, or any |
law enforcement agency in the case of publicly owned real |
property may cause any motor vehicle abandoned or left |
unattended upon such property without permission to be removed |
by a towing service without liability for the costs of |
removal, transportation or storage or damage caused by such |
removal, transportation or storage. The towing or removal of |
any vehicle from private property without the consent of the |
registered owner or other legally authorized person in control |
of the vehicle is subject to compliance with the following |
conditions and restrictions: |
1. Any towed or removed vehicle must be stored at the |
site of the towing service's place of business. The site |
must be open during business hours, and for the purpose of |
redemption of vehicles, during the time that the person or |
firm towing such vehicle is open for towing purposes. |
2. The towing service shall within 30 minutes of |
completion of such towing or removal, notify the law |
enforcement agency having jurisdiction of such towing or |
removal, and the make, model, color, and license plate |
number of the vehicle, and shall obtain and record the |
name of the person at the law enforcement agency to whom |
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such information was reported. |
3. If the registered owner or legally authorized |
person entitled to possession of the vehicle shall arrive |
at the scene prior to actual removal or towing of the |
vehicle, the vehicle shall be disconnected from the tow |
truck and that person shall be allowed to remove the |
vehicle without interference, upon the payment of a |
reasonable service fee of not more than one-half the |
posted rate of the towing service as provided in paragraph |
6 of this subsection, for which a receipt shall be given. |
4. The rebate or payment of money or any other |
valuable consideration from the towing service or its |
owners, managers, or employees to the owners or operators |
of the premises from which the vehicles are towed or |
removed, for the privilege of removing or towing those |
vehicles, is prohibited. Any individual who violates this |
paragraph shall be guilty of a Class A misdemeanor. |
5. Except for property appurtenant to and obviously a |
part of a single family residence, and except for |
instances where notice is personally given to the owner or |
other legally authorized person in control of the vehicle |
that the area in which that vehicle is parked is reserved |
or otherwise unavailable to unauthorized vehicles and they |
are subject to being removed at the owner or operator's |
expense, any property owner or lessor, prior to towing or |
removing any vehicle from private property without the |
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consent of the owner or other legally authorized person in |
control of that vehicle, must post a notice meeting the |
following requirements: |
a. Except as otherwise provided in subparagraph |
a.1 of this subdivision (f)5, the notice must be |
prominently placed at each driveway access or curb cut |
allowing vehicular access to the property within 5 |
feet from the public right-of-way line. If there are |
no curbs or access barriers, the sign must be posted |
not less than one sign each 100 feet of lot frontage. |
a.1. In a municipality with a population of less |
than 250,000, as an alternative to the requirement of |
subparagraph a of this subdivision (f)5, the notice |
for a parking lot contained within property used |
solely for a 2-family, 3-family, or 4-family residence |
may be prominently placed at the perimeter of the |
parking lot, in a position where the notice is visible |
to the occupants of vehicles entering the lot. |
b. The notice must indicate clearly, in not less |
than 2 inch high light-reflective letters on a |
contrasting background, that unauthorized vehicles |
will be towed away at the owner's expense. |
c. The notice must also provide the name and |
current telephone number of the towing service towing |
or removing the vehicle. |
d. The sign structure containing the required |
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notices must be permanently installed with the bottom |
of the sign not less than 4 feet above ground level, |
and must be continuously maintained on the property |
for not less than 24 hours prior to the towing or |
removing of any vehicle. |
6. Any towing service that tows or removes vehicles |
and proposes to require the owner, operator, or person in |
control of the vehicle to pay the costs of towing and |
storage prior to redemption of the vehicle must file and |
keep on record with the local law enforcement agency a |
complete copy of the current rates to be charged for such |
services, and post at the storage site an identical rate |
schedule and any written contracts with property owners, |
lessors, or persons in control of property which authorize |
them to remove vehicles as provided in this Section. The |
towing and storage charges, however, shall not exceed the |
maximum allowed by the Illinois Commerce Commission under |
Section 18a-200. |
7. No person shall engage in the removal of vehicles |
from private property as described in this Section without |
filing a notice of intent in each community where he |
intends to do such removal, and such notice shall be filed |
at least 7 days before commencing such towing. |
8. No removal of a vehicle from private property shall |
be done except upon express written instructions of the |
owners or persons in charge of the private property upon |
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which the vehicle is said to be trespassing. |
9. Vehicle entry for the purpose of removal shall be |
allowed with reasonable care on the part of the person or |
firm towing the vehicle. Such person or firm shall be |
liable for any damages occasioned to the vehicle if such |
entry is not in accordance with the standards of |
reasonable care. |
9.5. Except as authorized by a law enforcement |
officer, no towing service shall engage in the removal of |
a commercial motor vehicle that requires a commercial |
driver's license to operate by operating the vehicle under |
its own power on a highway. |
10. When a vehicle has been towed or removed pursuant |
to this Section, it must be released to its owner, |
custodian, agent, or lienholder within one-half hour after |
requested, if such request is made during business hours. |
Any vehicle owner, custodian, agent, or lienholder shall |
have the right to inspect the vehicle before accepting its |
return, and no release or waiver of any kind which would |
release the towing service from liability for damages |
incurred during the towing and storage may be required |
from any vehicle owner or other legally authorized person |
as a condition of release of the vehicle. A detailed, |
signed receipt showing the legal name of the towing |
service must be given to the person paying towing or |
storage charges at the time of payment, whether requested |
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or not. |
This Section shall not apply to law enforcement, |
firefighting, rescue, ambulance, or other emergency |
vehicles which are marked as such or to property owned by |
any governmental entity. |
When an authorized person improperly causes a motor |
vehicle to be removed, such person shall be liable to the |
owner or lessee of the vehicle for the cost of removal, |
transportation and storage, any damages resulting from the |
removal, transportation and storage, attorney's fee and |
court costs. |
Any towing or storage charges accrued shall be payable |
in cash or by cashier's check, certified check, debit |
card, credit card, or wire transfer, at the option of the |
party taking possession of the vehicle. |
11. Towing companies shall also provide insurance |
coverage for areas where vehicles towed under the |
provisions of this Chapter will be impounded or otherwise |
stored, and shall adequately cover loss by fire, theft, or |
other risks. |
Any person who fails to comply with the conditions and |
restrictions of this subsection shall be guilty of a Class C |
misdemeanor and shall be fined not less than $100 nor more than |
$500. |
(g)(1) When a vehicle is determined to be a hazardous |
dilapidated motor vehicle pursuant to Section 11-40-3.1 of the |
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Illinois Municipal Code or Section 5-12002.1 of the Counties |
Code, its removal and impoundment by a towing service may be |
authorized by a law enforcement agency with appropriate |
jurisdiction. |
(2) When a vehicle removal from either public or private |
property is authorized by a law enforcement agency, the owner |
of the vehicle shall be responsible for all towing and storage |
charges. |
(3) Vehicles removed from public or private property and |
stored by a commercial vehicle relocator or any other towing |
service authorized by a law enforcement agency in compliance |
with this Section and Sections 4-201 and 4-202 of this Code, or |
at the request of the vehicle owner or operator, shall be |
subject to a possessor lien for services pursuant to the Labor |
and Storage Lien (Small Amount) Act. The provisions of Section |
1 of that Act relating to notice and implied consent shall be |
deemed satisfied by compliance with Section 18a-302 and |
subsection (6) of Section 18a-300. In no event shall such lien |
be greater than the rate or rates established in accordance |
with subsection (6) of Section 18a-200 of this Code. In no |
event shall such lien be increased or altered to reflect any |
charge for services or materials rendered in addition to those |
authorized by this Code. Every such lien shall be payable in |
cash or by cashier's check, certified check, debit card, |
credit card, or wire transfer, at the option of the party |
taking possession of the vehicle. |
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(4) Any personal property belonging to the vehicle owner |
in a vehicle subject to a lien under this subsection (g) shall |
likewise be subject to that lien, excepting only: child |
restraint systems as defined in Section 4 of the Child |
Passenger Protection Act and other child booster seats; |
eyeglasses; food; medicine; personal medical and health care |
devices, including hearing instruments; perishable property; |
any operator's licenses; any cash, credit cards, or checks or |
checkbooks; any wallet, purse, or other property containing |
any operator's licenses, social security cards, license or |
other identifying documents or materials, cash, credit cards, |
checks, or checkbooks, or passbooks; higher education |
textbooks and study materials; and any personal property |
belonging to a person other than the vehicle owner if that |
person provides adequate proof that the personal property |
belongs to that person. The spouse, child, mother, father, |
brother, or sister of the vehicle owner may claim personal |
property excepted under this paragraph (4) if the person |
claiming the personal property provides the commercial vehicle |
relocator or towing service with the authorization of the |
vehicle owner. |
(5) This paragraph (5) applies only in the case of a |
vehicle that is towed as a result of being involved in a crash. |
In addition to the personal property excepted under paragraph |
(4), all other personal property in a vehicle subject to a lien |
under this subsection (g) is exempt from that lien and may be |
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claimed by the vehicle owner if the vehicle owner provides the |
commercial vehicle relocator or towing service with proof that |
the vehicle owner has an insurance policy covering towing and |
storage fees. The spouse, child, mother, father, brother, or |
sister of the vehicle owner may claim personal property in a |
vehicle subject to a lien under this subsection (g) if the |
person claiming the personal property provides the commercial |
vehicle relocator or towing service with the authorization of |
the vehicle owner and proof that the vehicle owner has an |
insurance policy covering towing and storage fees. The |
regulation of liens on personal property and exceptions to |
those liens in the case of vehicles towed as a result of being |
involved in a crash are exclusive powers and functions of the |
State. A home rule unit may not regulate liens on personal |
property and exceptions to those liens in the case of vehicles |
towed as a result of being involved in a crash. This paragraph |
(5) is a denial and limitation of home rule powers and |
functions under subsection (h) of Section 6 of Article VII of |
the Illinois Constitution. |
(6) No lien under this subsection (g) shall: exceed $2,000 |
in its total amount; or be increased or altered to reflect any |
charge for services or materials rendered in addition to those |
authorized by this Code. |
(h) Whenever a peace officer issues a citation to a driver |
for a violation of subsection (a) of Section 11-506 of this |
Code, the arresting officer may have the vehicle which the |
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person was operating at the time of the arrest impounded for a |
period of 5 days after the time of arrest. An impounding agency |
shall release a motor vehicle impounded under this subsection |
(h) to the registered owner of the vehicle under any of the |
following circumstances: |
(1) if the vehicle is a stolen vehicle; or |
(2) if the person ticketed for a violation of |
subsection (a) of Section 11-506 of this Code was not |
authorized by the registered owner of the vehicle to |
operate the vehicle at the time of the violation; or |
(3) if the registered owner of the vehicle was neither |
the driver nor a passenger in the vehicle at the time of |
the violation or was unaware that the driver was using the |
vehicle to engage in street racing; or |
(4) if the legal owner or registered owner of the |
vehicle is a rental car agency; or |
(5) if, prior to the expiration of the impoundment |
period specified above, the citation is dismissed or the |
defendant is found not guilty of the offense. |
(i) Except for vehicles exempted under subsection (b) of |
Section 7-601 of this Code, whenever a law enforcement officer |
issues a citation to a driver for a violation of Section 3-707 |
of this Code, and the driver has a prior conviction for a |
violation of Section 3-707 of this Code in the past 12 months, |
the arresting officer shall authorize the removal and |
impoundment of the vehicle by a towing service. |
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(j) Notwithstanding any other provision of law, if a |
person has indicated in a timely filed report to the |
appropriate law enforcement agency that a vehicle towed |
pursuant to this Section has been stolen or hijacked then: |
(1) the person shall not be liable for any |
governmentally imposed fees, fines, or penalties; and |
(2) if a vehicle towed pursuant to this Section is |
registered in Illinois and the name and address of the |
registered owner of the vehicle is provided or made |
available to the towing service at the time of the tow, |
then the towing service must provide written notice of the |
tow to the registered owner within 2 business days after |
the vehicle is towed by certified mail, return receipt |
requested. No storage charges shall accrue if the vehicle |
is reclaimed by paying recovery and towing charges at the |
posted rates of the towing service as provided by |
paragraph 6 of subsection (f) within 7 days after such |
notice is mailed. If the vehicle is registered in a state |
other than Illinois, then no storage charges shall accrue |
if the vehicle is reclaimed by paying recovery and towing |
charges at the posted rates of the towing service as |
provided by paragraph 6 of subsection (f) within 7 days |
after a request for registered owner information is mailed |
by the towing service, certified mail, return receipt |
requested, to the applicable administrative agency or |
office in that state. |
