Full Text of SB0066 94th General Assembly
SB0066eng 94TH GENERAL ASSEMBLY
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing
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| Sections 4-203 and 18a-300 and by adding Section 18a-402.1 as | 6 |
| follows: | 7 |
| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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| Sec. 4-203. Removal of motor vehicles or other vehicles; | 9 |
| Towing or
hauling away.
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| (a) When a vehicle is abandoned, or left unattended, on a | 11 |
| toll
highway, interstate highway, or expressway for 2 hours or | 12 |
| more, its
removal by a towing service may be authorized by a | 13 |
| law enforcement
agency having jurisdiction.
| 14 |
| (b) When a vehicle is abandoned on a highway in an urban | 15 |
| district 10
hours or more, its removal by a towing service may | 16 |
| be authorized by a
law enforcement agency having jurisdiction.
| 17 |
| (c) When a vehicle is abandoned or left unattended on a | 18 |
| highway
other than a toll highway, interstate highway, or | 19 |
| expressway, outside of
an urban district for 24 hours or more, | 20 |
| its removal by a towing service
may be authorized by a law | 21 |
| enforcement agency having jurisdiction.
| 22 |
| (d) When an abandoned, unattended, wrecked, burned or | 23 |
| partially
dismantled vehicle is creating a traffic hazard | 24 |
| because of its position
in relation to the highway or its | 25 |
| physical appearance is causing the
impeding of traffic, its | 26 |
| immediate removal from the highway or private
property adjacent | 27 |
| to the highway by a towing service may be authorized
by a law | 28 |
| enforcement agency having jurisdiction.
| 29 |
| (e) Whenever a
peace officer reasonably believes that a | 30 |
| person under
arrest for a violation of Section 11-501 of this | 31 |
| Code or a similar
provision of a local ordinance is likely, | 32 |
| upon release, to commit a
subsequent violation of Section |
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| 11-501, or a similar provision of a local
ordinance, the | 2 |
| arresting officer shall have the vehicle which the person
was | 3 |
| operating at the time of the arrest impounded for a period of | 4 |
| not more
than 12 hours after the time of arrest. However, such | 5 |
| vehicle may be
released by the arresting law enforcement agency | 6 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 8 |
| arrest, and the lawful
owner requesting such release | 9 |
| possesses a valid operator's license, proof
of ownership, | 10 |
| and would not, as determined by the arresting law | 11 |
| enforcement
agency, indicate a lack of ability to operate a | 12 |
| motor vehicle in a safe
manner, or who would otherwise, by | 13 |
| operating such motor vehicle, be in
violation of this Code; | 14 |
| or
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| (2) the vehicle is owned by the person under arrest, | 16 |
| and the person
under arrest gives permission to another | 17 |
| person to operate such vehicle,
provided however, that the | 18 |
| other person possesses a valid operator's license
and would | 19 |
| not, as determined by the arresting law enforcement
agency, | 20 |
| indicate a lack of ability to operate a motor vehicle in a | 21 |
| safe
manner or who would otherwise, by operating such motor | 22 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 24 |
| into custody for
operating the vehicle in violation of Section | 25 |
| 11-501 of this Code or a similar
provision of a local ordinance | 26 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 27 |
| have the vehicle immediately impounded for a period not less | 28 |
| than:
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| (1) 24 hours for a second violation of Section 11-501 | 30 |
| of this Code or a
similar provision of a local ordinance or | 31 |
| Section 6-303
of
this Code or a combination of these | 32 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 34 |
| this Code or a
similar provision of a local ordinance or | 35 |
| Section 6-303 of this
Code or a combination of these | 36 |
| offenses.
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| The vehicle may be released sooner if the vehicle is owned | 2 |
| by the person
under arrest and the person under arrest gives | 3 |
| permission to another person to
operate the vehicle and that | 4 |
| other person possesses a valid operator's license
and would | 5 |
| not, as determined by the arresting law enforcement agency, | 6 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 7 |
| manner or would
otherwise, by operating the motor vehicle, be | 8 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 10 |
| owner or
lessor of privately owned real property within this | 11 |
| State, or any person
authorized by such owner or lessor, or any | 12 |
| law enforcement agency in the
case of publicly owned real | 13 |
| property may cause any motor vehicle abandoned
or left | 14 |
| unattended upon such property without permission to be removed | 15 |
| by a
towing service without liability for the costs of removal, | 16 |
| transportation
or storage or damage caused by such removal, | 17 |
| transportation or storage.
The towing or removal of any vehicle | 18 |
| from private property without the
consent of the registered | 19 |
| owner or other legally authorized person in
control of the | 20 |
| vehicle is subject to compliance with the following
conditions | 21 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 23 |
| site of the towing
service's place of business. The site | 24 |
| must be open during business hours,
and for the purpose of | 25 |
| redemption of vehicles, during the time that the
person or | 26 |
| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 28 |
| completion of such
towing or removal, notify the law | 29 |
| enforcement agency having jurisdiction of
such towing or | 30 |
| removal, and the make, model, color and license plate | 31 |
| number
of the vehicle, and shall obtain and record the name | 32 |
| of the person at the law
enforcement agency to whom such | 33 |
| information was reported.
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| 3. If the registered owner or legally authorized person | 35 |
| entitled to
possession of the vehicle shall arrive at the | 36 |
| scene prior to actual removal
or towing of the vehicle, the |
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| vehicle shall be disconnected from the tow
truck and that | 2 |
| person shall be allowed to remove the vehicle without
| 3 |
| interference, upon the payment of a reasonable service fee | 4 |
| of not more than
one half the posted rate of the towing | 5 |
| service as provided in paragraph
6 of this subsection, for | 6 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 8 |
| consideration
from the towing service or its owners, | 9 |
| managers or employees to the owners
or operators of the | 10 |
| premises from which the vehicles are towed or removed,
for | 11 |
| the privilege of removing or towing those vehicles, is | 12 |
| prohibited. Any
individual who violates this paragraph | 13 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 15 |
| part of a single
family residence, and except for instances | 16 |
| where notice is personally given
to the owner or other | 17 |
| legally authorized person in control of the vehicle
that | 18 |
| the area in which that vehicle is parked is reserved or | 19 |
| otherwise
unavailable to unauthorized vehicles and they | 20 |
| are subject to being removed
at the owner or operator's | 21 |
| expense, any property owner or lessor, prior to
towing or | 22 |
| removing any vehicle from private property without the | 23 |
| consent of
the owner or other legally authorized person in | 24 |
| control of that vehicle,
must post a notice meeting the | 25 |
| following requirements:
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| a. The notice must be prominently placed at each | 27 |
| driveway access or curb
cut allowing vehicular access | 28 |
| to the property within 5 feet from the public
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| right-of-way line. If there are no curbs or access | 30 |
| barriers, the sign must
be posted not less than one | 31 |
| sign each 100 feet of lot frontage.
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| b. The notice must indicate clearly, in not less | 33 |
| than 2 inch high
light-reflective letters on a | 34 |
| contrasting background, that unauthorized
vehicles | 35 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and |
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| current telephone
number of the towing service towing | 2 |
| or removing the vehicle.
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| d. The sign structure containing the required | 4 |
| notices must be
permanently installed with the bottom | 5 |
| of the sign not less than 4 feet
above ground level, | 6 |
| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing | 8 |
| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 10 |
| proposes to
require the owner, operator, or person in | 11 |
| control of the vehicle to pay the
costs of towing and | 12 |
| storage prior to redemption of the vehicle must file
and | 13 |
| keep on record with the local law enforcement agency a | 14 |
| complete copy of
the current rates to be charged for such | 15 |
| services, and post at the storage
site an identical rate | 16 |
| schedule and any written contracts with property
owners, | 17 |
| lessors, or persons in control of property which authorize | 18 |
| them to
remove vehicles as provided in this Section.
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| 7. No person shall engage in the removal of vehicles | 20 |
| from private
property as described in this Section without | 21 |
| filing a notice of intent
in each community where he | 22 |
| intends to do such removal, and such
notice shall be filed | 23 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 25 |
| be done except
upon express written instructions of the | 26 |
| owners or persons in charge of the
private property upon | 27 |
| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 29 |
| allowed with
reasonable care on the part of the person or | 30 |
| firm towing the vehicle. Such
person or firm shall be | 31 |
| liable for any damages occasioned to the vehicle if
such | 32 |
| entry is not in accordance with the standards of reasonable | 33 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 35 |
| to this Section,
it must be released to its owner or | 36 |
| custodian within one half hour after
requested, if such |
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| request is made during business hours. Any vehicle owner
or | 2 |
| custodian or agent shall have the right to inspect the | 3 |
| vehicle before
accepting its return, and no release or | 4 |
| waiver of any kind which would
release the towing service | 5 |
| from liability for damages incurred during the
towing and | 6 |
| storage may be required from any vehicle owner or other | 7 |
| legally
authorized person as a condition of release of the | 8 |
| vehicle. A detailed,
signed receipt showing the legal name | 9 |
| of the towing service must be given
to the person paying | 10 |
| towing or storage charges at the time of payment,
whether | 11 |
| requested or not.
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| This Section shall not apply to law enforcement, | 13 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 14 |
| which are marked as such or to
property owned by any | 15 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle | 17 |
| to be
removed, such person shall be liable to the owner or | 18 |
| lessee of the vehicle
for the cost or removal, transportation | 19 |
| and storage, any damages resulting
from the removal, | 20 |
| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by | 22 |
| the use of any
major credit card, in addition to being payable | 23 |
| in cash.
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| 11. Towing companies shall also provide insurance | 25 |
| coverage for areas
where vehicles towed under the | 26 |
| provisions of this Chapter will be impounded
or otherwise | 27 |
| stored, and shall adequately cover loss by fire, theft or
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| other risks.
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| Any person who fails to comply with the conditions and | 30 |
| restrictions of
this subsection shall be guilty of a Class C | 31 |
| misdemeanor and shall be fined
not less than $100 nor more than | 32 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 34 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 35 |
| Illinois Municipal Code, its
removal and impoundment by a | 36 |
| towing service may be authorized by a law
enforcement agency |
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| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 3 |
| property is
authorized by a law enforcement agency, the owner | 4 |
| of the vehicle shall be
responsible for all towing and storage | 5 |
| charges.
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| Vehicles removed from public or private property and
stored | 7 |
| by a commercial vehicle relocator or any other towing service | 8 |
| in
compliance with this Section and Sections 4-201 and 4-202
of | 9 |
| this Code, or at the request of the vehicle owner or operator,
| 10 |
| shall
be subject to a possessor lien for services
pursuant to | 11 |
| the Labor and Storage Lien (Small Amount) Act.
"An Act | 12 |
| concerning liens for labor,
services,
skill or materials
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| furnished upon or storage furnished for chattels", filed July | 14 |
| 24, 1941,
as amended, and The provisions of Section 1 of that | 15 |
| Act relating to notice
and implied consent shall be deemed | 16 |
| satisfied by compliance with Section
18a-302 and subsection (6) | 17 |
| of Section 18a-300. In no event shall such lien
be greater than | 18 |
| the rate or rates established in accordance with subsection
(6) | 19 |
| of Section 18a-200 of this Code. In no event shall such lien be
| 20 |
| increased or altered to reflect any charge for services or | 21 |
| materials
rendered in addition to those authorized by this Act. | 22 |
| Every such lien
shall be payable by use of any major credit | 23 |
| card, in addition to being
payable in cash.
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| Any personal property in a vehicle subject to a lien under | 25 |
| this
subsection
(g) shall likewise be subject to that lien, | 26 |
| excepting only:
food; medicine; perishable property; any | 27 |
| operator's licenses; any cash, credit
cards, or checks or | 28 |
| checkbooks; and any wallet, purse, or other property
containing | 29 |
| any operator's license or other identifying documents or | 30 |
| materials,
cash, credit cards, checks, or checkbooks.
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| No lien under this subsection (g) shall:
exceed $2,000 in | 32 |
| its total amount; or
be increased or altered to reflect any | 33 |
| charge for services or
materials rendered in addition to those | 34 |
| authorized by this Act.
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| (Source: P.A. 90-738, eff. 1-1-99.)
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| (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 2 |
| Sec. 18a-300. Commercial vehicle relocators - Unlawful | 3 |
| practices. It
shall be unlawful for any commercial vehicle | 4 |
| relocator:
| 5 |
| (1) To operate in any county in which this Chapter is | 6 |
| applicable
without a valid, current relocator's license as | 7 |
| provided in Article IV
of this Chapter;
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| (2) To employ as an operator, or otherwise so use the | 9 |
| services of,
any person who does not have at the commencement | 10 |
| of employment or
service, or at any time during the course of | 11 |
| employment or service, a
valid, current operator's employment | 12 |
| permit, or temporary operator's
employment permit issued in | 13 |
| accordance with Sections 18a-403 or 18a-405
of this Chapter; or | 14 |
| to fail to notify the Commission, in writing, of any
known | 15 |
| criminal conviction of any employee occurring at any time | 16 |
| before
or during the course of employment or service;
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| (3) To employ as a dispatcher, or otherwise so use the | 18 |
| services of, any
person who does not have at the commencement | 19 |
| of employment or service, or
at any time during the course of | 20 |
| employment or service, a valid, current
dispatcher's or | 21 |
| operator's employment permit or temporary dispatcher's or
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| operator's employment permit issued in accordance with | 23 |
| Sections 18a-403 or
18a-407 of this Chapter; or to fail to | 24 |
| notify the Commission, in writing,
of any known criminal | 25 |
| conviction of any employee occurring at any time
before or | 26 |
| during the course of employment or service;
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| (4) To operate upon the highways of this State any vehicle | 28 |
| used in
connection with any commercial vehicle relocation | 29 |
| service unless:
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| (A) There is painted or firmly affixed to the vehicle | 31 |
| on both sides of the
vehicle in a color or colors vividly | 32 |
| contrasting to the color of the vehicle
the name, address | 33 |
| and telephone number of the relocator.
The Commission shall | 34 |
| prescribe reasonable rules and regulations
pertaining to | 35 |
| insignia to be painted or firmly affixed to vehicles and
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| shall waive the requirements of the address on any vehicle |
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| in cases
where the operator of a vehicle has painted or | 2 |
| otherwise firmly affixed
to the vehicle a seal or trade | 3 |
| mark that clearly identifies the
operator of the vehicle; | 4 |
| and
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| (B) There is carried in the power unit of the vehicle a | 6 |
| certified
copy of the currently effective relocator's | 7 |
| license and operator's
employment permit. Copies may be | 8 |
| photographed, photocopied, or reproduced
or printed by any | 9 |
| other legible and durable process. Any person guilty of
not | 10 |
| causing to be displayed a copy of his relocator's license | 11 |
| and
operator's employment permit may in any hearing | 12 |
| concerning the violation
be excused from the payment of the | 13 |
| penalty hereinafter provided upon a
showing that the | 14 |
| license was issued by the Commission, but was
subsequently | 15 |
| lost or destroyed;
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| (5) To operate upon the highways of this State any vehicle | 17 |
| used in
connection with any commercial vehicle relocation | 18 |
| service that bears the
name or address and telephone number of | 19 |
| any person or entity other than
the relocator by which it is | 20 |
| owned or to which it is leased;
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| (6) To advertise in any newspaper, book, list, classified | 22 |
| directory
or other publication unless there is contained in the | 23 |
| advertisement the
license number of the relocator;
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| (7) To remove any vehicle from private property without | 25 |
| having first
obtained the written authorization of the property | 26 |
| owner or other person
in lawful possession or control of the | 27 |
| property, his authorized agent,
or an authorized law | 28 |
| enforcement officer. The authorization may be on
a contractual | 29 |
| basis covering a period of time or limited to a specific
| 30 |
| removal;
| 31 |
| (8) To charge the private property owner, who requested | 32 |
| that an
unauthorized vehicle be removed from his property, with | 33 |
| the costs of
removing the vehicle contrary to any terms that | 34 |
| may be a part of the
contract between the property owner and | 35 |
| the commercial relocator.
Nothing in this paragraph shall | 36 |
| prevent a relocator from assessing,
collecting, or receiving |
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| from the property owner, lessee, or their agents
any fee | 2 |
| prescribed by the Commission;
| 3 |
| (9) To remove a vehicle when the owner or operator of the | 4 |
| vehicle
is present or arrives at the vehicle location at any | 5 |
| time prior to the
completion of removal, and is willing and | 6 |
| able to remove the vehicle
immediately;
| 7 |
| (10) To remove any vehicle from property on which signs are | 8 |
| required
and on which there are not posted appropriate signs | 9 |
| under Section
18a-302;
| 10 |
| (11) To fail to notify law enforcement authorities in the
| 11 |
| jurisdiction in which the trespassing vehicle was removed | 12 |
| within one
hour of the removal. Notification shall include a | 13 |
| complete description
of the vehicle, registration numbers if | 14 |
| possible, the locations from
which and to which the vehicle was | 15 |
| removed, the time of removal, and any
other information | 16 |
| required by regulation, statute or ordinance;
| 17 |
| (12) To impose any charge other than in accordance with the | 18 |
| rates set by the
Commission as provided in paragraph (6) of | 19 |
| Section 18a-200 of this Chapter;
| 20 |
| (13) To fail, in the office or location at which relocated | 21 |
| vehicles
are routinely returned to their owners, to prominently | 22 |
| post the name,
address and telephone number of the nearest | 23 |
| office of the Commission to
which inquiries or complaints may | 24 |
| be sent;
| 25 |
| (13.1) To fail to distribute to each owner or operator of a | 26 |
| relocated
vehicle, in written form as prescribed by Commission | 27 |
| rule or regulation, the
relevant statutes, regulations and | 28 |
| ordinances governing commercial vehicle
relocators, including, | 29 |
| in at least 12 point boldface type, the name, address
and | 30 |
| telephone number of the nearest office of the Commission to | 31 |
| which inquiries
or complaints may be sent; | 32 |
| (13.2) To fail, in a municipality with a population of more | 33 |
| than 1,000,000, to make available to their owners or operators, | 34 |
| 24 hours per day, 7 days per week, 52 weeks per year, relocated | 35 |
| vehicles.
| 36 |
| (14) To remove any vehicle, otherwise in accordance with |
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| this Chapter,
more than 15 air miles from its location when | 2 |
| towed from a location in an
unincorporated area of a county or | 3 |
| more than 10 air miles from its location
when towed from any | 4 |
| other location;
| 5 |
| (15) To fail to make a telephone number available to the | 6 |
| police department
of any municipality in which a relocator | 7 |
| operates at which the relocator
or an employee of the relocator | 8 |
| may be contacted at any time during the
hours in which the | 9 |
| relocator is engaged in the towing of vehicles, or
advertised | 10 |
| as engaged in the towing of vehicles, for the purpose of
| 11 |
| effectuating the release of a towed vehicle; or to fail to | 12 |
| include the
telephone number in any advertisement of the | 13 |
| relocator's services published
or otherwise appearing on or | 14 |
| after the effective date of this amendatory
Act; or to fail to | 15 |
| have an employee available at any time on the
premises owned or | 16 |
| controlled by the relocator for the purposes of arranging
for | 17 |
| the immediate release of the vehicle.
| 18 |
| Apart from any other penalty or liability authorized under | 19 |
| this Act, if
after a reasonable effort, the owner of the | 20 |
| vehicle is unable to make telephone
contact with the relocator | 21 |
| for a period of one hour from his initial attempt
during any | 22 |
| time period in which the relocator is required to respond at
| 23 |
| the number, all fees for towing, storage, or otherwise are to | 24 |
| be waived. Proof
of 3 attempted phone calls to the number | 25 |
| provided to the police department
by an officer or employee of | 26 |
| the department on behalf of the vehicle owner
within the space | 27 |
| of one hour, at least 2 of which are separated by 45 minutes,
| 28 |
| shall be deemed sufficient proof of the owner's reasonable | 29 |
| effort to make
contact with the vehicle relocator. Failure of | 30 |
| the relocator to respond to
the phone calls is not a criminal | 31 |
| violation of this Chapter;
| 32 |
| (16) To use equipment which the relocator does not own, | 33 |
| except in
compliance with Section 18a-306 of this Chapter and | 34 |
| Commission regulations.
No equipment can be leased to more than | 35 |
| one relocator at any time.
Equipment leases shall be filed with | 36 |
| the Commission. If equipment is leased
to one relocator, it |
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| cannot thereafter be leased to another relocator until
a | 2 |
| written cancellation of lease is properly filed with the | 3 |
| Commission;
| 4 |
| (17) To use drivers or other personnel who are not | 5 |
| employees or
contractors of the relocator;
| 6 |
| (18) To fail to refund any amount charged in excess of the | 7 |
| reasonable
rate established by the Commission;
| 8 |
| (19) To violate any other provision of this Chapter, or of | 9 |
| Commission
regulations or orders adopted under this Chapter.
| 10 |
| (Source: P.A. 88-448 .)
| 11 |
| (625 ILCS 5/18a-402.1 new)
| 12 |
| Sec. 18a-402.1. Relocator's licenses; expedited transfer | 13 |
| procedures. | 14 |
| (a) The Commission may provide for the transfer of a | 15 |
| license, without notice and hearing, and without the necessity | 16 |
| of making the findings provided for in Sections 18a-400 and | 17 |
| 18a-401, when the transfer is to: | 18 |
| (1) a member or members of the transferor's
immediate | 19 |
| family; | 20 |
| (2) a corporation, the stock of which is wholly
owned | 21 |
| by the transferor or members of the transferor's immediate | 22 |
| family or a member or members of the transferor | 23 |
| partnership; | 24 |
| (3) a member or members of a partnership of which
the | 25 |
| transferor is a partner; | 26 |
| (4) a stockholder or stockholders of the transferor
| 27 |
| corporation or of a corporation wholly owned by the | 28 |
| transferor or the transferor's immediate family; | 29 |
| (5) the heirs of a person who dies intestate or the
| 30 |
| legatees of a testator, upon order of the court having | 31 |
| jurisdiction; | 32 |
| (6) the heirs or legatees of the transferor under
the | 33 |
| Probate Act of 1975; | 34 |
| (7) a corporation, more than 50% of the stock of
which | 35 |
| is controlled by the stockholders of the transferor |
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| corporation; or | 2 |
| (8) a corporation, all of the stock of which is
| 3 |
| controlled by a member or members of the immediate family | 4 |
| of the stockholder or stockholders of the transferor | 5 |
| corporation. | 6 |
| (b) When a transfer of a license may be accomplished on an | 7 |
| expedited basis without notice and hearing through 2 or more | 8 |
| transactions of the type described in subsection (a), and they | 9 |
| do, in fact, represent a single, contemporaneous transaction, | 10 |
| then the Commission shall allow the transfer to be made as a | 11 |
| single transaction in a single application. It shall, however, | 12 |
| be the applicants' burden to demonstrate that the applicants | 13 |
| are entitled to this treatment of their application by setting | 14 |
| forth each of the individual qualifying transactions under | 15 |
| subsection (a) with the same detail and specificity as if each | 16 |
| individual application were filed. | 17 |
| (c) Upon the filing of an application for expedited | 18 |
| transfer under this Section, the Commission shall issue to the | 19 |
| proposed transferee a provisional license that shall remain | 20 |
| valid for 90 days. During that 90 days, the Commission shall | 21 |
| consider, with regard to the proposed transferee, the | 22 |
| following: | 23 |
| (1) the criminal conviction records of the applicant, | 24 |
| its owners or controllers, directors, officers, employees | 25 |
| and agents; | 26 |
| (2) the safety record of the applicant, its owners or | 27 |
| controllers, directors, officers, employees and agents; | 28 |
| (3) the compliance record of the applicant, its owners | 29 |
| or controllers, directors, officers, employees and agents; | 30 |
| (4) the equipment, facilities, and storage lots of the | 31 |
| applicant; and | 32 |
| (5) other facts which may bear on the fitness of the | 33 |
| applicant, its owners or controllers, directors, officers, | 34 |
| employees and agents to hold a relocator's license. | 35 |
| (d) The Commission shall issue a new relocator's license to | 36 |
| the proposed transferee if the Commission determines, after |
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| 1 |
| completion of the investigation described in subsection (c), | 2 |
| that the proposed transferee is fit, willing, and able properly | 3 |
| to perform the proposed service and to conform to the law and | 4 |
| the rules and of the Commission. The license shall be deemed a | 5 |
| successor license bearing all of the obligations and | 6 |
| responsibilities of the original licensee under this Act. | 7 |
| (e) The Commission shall deny the expedited transfer | 8 |
| application if the Commission determines, after completion of | 9 |
| the investigation, that the proposed transferee is not fit, | 10 |
| willing, and able properly to perform as described in | 11 |
| subsection (d).
| 12 |
| (625 ILCS 5/18a-402 rep.) (from Ch. 95 1/2, par. 18a-402)
| 13 |
| Section 10. The Illinois Vehicle Code is amended by | 14 |
| repealing Section 18a-402. | 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
|
|