HB5408 103RD GENERAL ASSEMBLY

LRB103 35376 MXP 65441 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5408

Introduced 2/9/2024, by Rep. Brad Stephens

SYNOPSIS AS INTRODUCED:

New Act
30 ILCS 105/5.1012 new

Creates the O'Hare Driver Safety Act. Provides that a person operating a motor vehicle shall not stop or stand the person's vehicle on a shoulder of a highway including the highway entrance and exit ramps or on the side of a roadway within a 2-mile radius surrounding O'Hare International Airport. Establishes that a person who violates the provisions shall be subject to a $100 fine. Limits the liability of a vehicle lessor if specified conditions are met. Requires the Illinois Toll Highway Authority to install and maintain automated traffic safety systems along traffic routes within a 2-mile radius of O'Hare International Airport. Requires all fine proceeds to be deposited into the Illinois State Police Highway Enforcement Fund. Requires the Authority to adopt rules to implement and administer the Act. Defines terms.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be referred to as the O'Hare Driver Safety Act.

Section 5. Definitions. As used in this Act:

"Authority" means the Illinois Toll Highway Authority.

"Automated traffic safety system" means a device with one or more motor vehicle sensors to produce a recorded image of a motor vehicle that is stopped or standing on the side of a highway or roadway in violation of Section 11-1303 of the Illinois Vehicle Code.

"Recorded images" has the same meaning given to that term under Section 11-208.6 of the Illinois Vehicle Code.

Section 10. No stopping or standing within 2 miles of O'Hare International Airport. Except where permitted, a person operating a motor vehicle shall not stop or stand the person's vehicle on a shoulder of a highway, including the highway entrance and exit ramps or on the side of a roadway within a 2-mile radius surrounding O'Hare International Airport.

No person who is the lessor of a motor vehicle under a written lease agreement shall be liable for an automated traffic safety system violation involving such motor vehicle during the period of the lease, unless, upon the request of the appropriate authority received within 120 days after the violation occurred, the lessor provides within 60 days after such receipt the name and address of the lessee.

Upon the provision of information by the lessor under this Section, the Authority may issue the violation to the lessee of the vehicle in the same manner as it would issue a violation to a registered owner of a vehicle, and the lessee may be held liable for the violation.

This Section shall not apply to vehicles that are stopped or standing in a restricted area if:

(1) a person is yielding to an emergency vehicle;

(2) the vehicle malfunctions;

(3) a person was directed to stop the person's vehicle by a law enforcement officer; or

(4) the vehicle was stolen prior to violation and not controlled by the registered owner of the vehicle.

Section 15. Installation of automated traffic safety systems; enforcement. The Authority shall install and maintain automated traffic safety systems along traffic routes within a 2-mile radius of O'Hare International Airport.

A traffic route that is equipped with an automated traffic safety system must be posted with a sign visible to approaching traffic indicating that the route is being monitored by an automated traffic safety system and informing drivers that stopping or standing is prohibited.

Section 17. Recorded image. An automated traffic safety system that produces a recorded image of a motor vehicle's violation of this Act is designed to obtain a clear recorded image of the vehicle and the vehicle's license plate. The recorded image must also display the time, date, and location of the violation.

Section 20. Fines; notice. A person who violates this Act shall be subject to a $100 fine for each offense. Proceeds from fines shall be deposited into the Illinois State Police Highway Enforcement Fund.

For each violation of a provision of this Act recorded by an automatic traffic safety system, the Authority shall issue a written notice of the violation to the registered owner of the vehicle as the alleged violator. The notice shall be delivered to the registered owner of the vehicle, by mail, within 30 days after the Secretary of State notifies the Authority of the identity of the owner of the vehicle, but in no event later than 90 days after the violation.

The notice shall include:

(1) the name and address of the registered owner of the vehicle;

(2) the registration number of the motor vehicle involved in the violation;

(3) the violation charged;

(4) the location where the violation occurred;

(5) the date and time of the violation;

(6) a copy of the recorded images;

(7) the amount of the civil penalty imposed and the requirements of any traffic education program imposed and the date by which the civil penalty should be paid and the traffic education program should be completed;

(8) a statement that recorded images are evidence of a violation of stopping or standing in a restricted area;

(9) a warning that failure to pay the civil penalty, to complete a required traffic education program, or to contest liability in a timely manner is an admission of liability;

(10) a statement that the person may elect to proceed by:

(A) paying the fine, completing a required traffic education program, or both; or

(B) challenging the charge in court, by mail, or by administrative hearing; and

(11) a website address, accessible through the Internet, where the person may view the recorded images of the violation.

Section 25. Illinois State Police Highway Enforcement Fund. The Illinois State Police Highway Enforcement Fund is created as a special fund in the State treasury.

Section 30. Rules. The Authority shall adopt rules necessary implement and administer this Act.

Section 900. The State Finance Act is amended by adding Section 5.1012 as follows:

(30 ILCS 105/5.1012 new)

Sec. 5.1012. Illinois State Police Highway Enforcement Fund.