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