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1 | AN ACT in relation to transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 1. Short title. This Act may be cited as the | ||||||
5 | Automated Traffic Control Systems in Highway Construction or | ||||||
6 | Maintenance Zones Act. | ||||||
7 | Section 5. Purpose. The purpose of this Act is to increase | ||||||
8 | safety in highway construction or maintenance zones. | ||||||
9 | Section 10. Establishment of automated control systems.
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10 | The Department of State Police may establish an automated | ||||||
11 | traffic control system in any construction or maintenance zone | ||||||
12 | established by the Department of Transportation or the Illinois | ||||||
13 | State Toll Highway Authority. An automated traffic control | ||||||
14 | system may operate only during those periods when workers are | ||||||
15 | present in the construction or maintenance zone. | ||||||
16 | Section 15. Definitions. As used in this Act: | ||||||
17 | (a) "Automated traffic control system" means a | ||||||
18 | photographic device, radar device, laser device, or other | ||||||
19 | electrical or mechanical device or devices designed to record | ||||||
20 | the speed of a vehicle and obtain a clear photograph or other | ||||||
21 | recorded image of the vehicle and the vehicle's registration | ||||||
22 | plate while the driver is violating traffic laws in the State | ||||||
23 | of Illinois. The photograph or other recorded image must also | ||||||
24 | display the time, date, and location of the violation. A law | ||||||
25 | enforcement officer is not required to be present or to witness | ||||||
26 | the violation. | ||||||
27 | (b) "Construction or maintenance zone" means an area in | ||||||
28 | which the Department of Transportation or the Illinois State | ||||||
29 | Toll Highway Authority has determined that the preexisting | ||||||
30 | established speed limit through a highway construction or |
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1 | maintenance project is greater than is reasonable or safe with
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2 | respect to the conditions expected to exist in the construction | ||||||
3 | or maintenance
zone and has posted a lower speed limit with a | ||||||
4 | highway construction or maintenance zone special speed limit | ||||||
5 | sign in accordance with Section 11-605 of the Illinois Vehicle | ||||||
6 | Code. | ||||||
7 | (c) "Owner" means the person or entity to whom the vehicle | ||||||
8 | is registered. | ||||||
9 | Section 20. Penalties. The penalties for and consequences | ||||||
10 | of a traffic violation recorded by an automated traffic control | ||||||
11 | system are the same as for any similar violation of the | ||||||
12 | Illinois Vehicle Code. | ||||||
13 | Section 25. Limitations on the use of automated traffic | ||||||
14 | enforcement systems. | ||||||
15 | (a) The Department of State Police must conduct a public | ||||||
16 | information campaign to inform drivers about the use of | ||||||
17 | automated traffic
control systems in highway construction or | ||||||
18 | maintenance zones before establishing any of those systems. The | ||||||
19 | Department of State Police shall adopt rules for implementing | ||||||
20 | this subsection (a). | ||||||
21 | (b) Signs indicating that speeds are enforced by automated | ||||||
22 | traffic control systems must be clearly posted in the areas | ||||||
23 | where the systems are in use. | ||||||
24 | (c) Operation of automated traffic control systems is | ||||||
25 | limited to areas where road construction or maintenance is | ||||||
26 | occurring. | ||||||
27 | (d) Photographs obtained in this manner may only be used as | ||||||
28 | evidence in relation to the offense for which the photograph is | ||||||
29 | taken. The photographs are available only to the owner of the | ||||||
30 | vehicle, the offender and the offender's attorney, the | ||||||
31 | judiciary, the local State's Attorney, and law enforcement | ||||||
32 | officials. | ||||||
33 | (e) If the driver of the vehicle cannot be identified | ||||||
34 | through the photograph, the owner is not liable for the fine, |
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1 | and the citation may not be counted against the driving record | ||||||
2 | of the owner. If the driver can be identified, the driver is | ||||||
3 | liable for the fine, and the violation is counted against his | ||||||
4 | or her driving record. | ||||||
5 | Section 30. Requirements for issuance of a citation. | ||||||
6 | (a) The vehicle, vehicle registration plate, speed, date, | ||||||
7 | time, and location must be clearly visible on the photograph or | ||||||
8 | other recorded image of the alleged violation. | ||||||
9 | (b) A Uniform Traffic Citation must be mailed or otherwise | ||||||
10 | delivered to the registered owner of the vehicle. If mailed, | ||||||
11 | the citation must be sent via certified mail within 6 business | ||||||
12 | days of the alleged violation, return receipt requested. | ||||||
13 | (c) The Uniform Traffic Citation must include: | ||||||
14 | (1) the name and address of the vehicle owner; | ||||||
15 | (2) the registration number of the vehicle; | ||||||
16 | (3) the offense charged; | ||||||
17 | (4) the time, date, and location of the violation; | ||||||
18 | (5) the first available court date; and
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19 | (6) notice that the basis of the citation is the | ||||||
20 | photograph or recorded image from the automated traffic | ||||||
21 | control system. | ||||||
22 | (d) The Uniform Traffic Citation issued to the violator | ||||||
23 | must be accompanied by a written document that lists the | ||||||
24 | violator's rights and obligations and explains how the violator | ||||||
25 | can elect to proceed by either paying the fine or challenging | ||||||
26 | the issuance of the Uniform Traffic Citation. | ||||||
27 | Section 35. Response to issuance of a citation. | ||||||
28 | (a) A person issued a citation under this Act may respond | ||||||
29 | to the citation in person or by any method allowed by law. | ||||||
30 | (b) If the registered owner responds within 30 days and | ||||||
31 | submits proof that the driver of the vehicle was not a family | ||||||
32 | member or did not have the registered owner's permission to use | ||||||
33 | the vehicle, the citation may be dismissed at the discretion of | ||||||
34 | the State's Attorney. |
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1 | Section 40. Admissibility of recorded images. Except as | ||||||
2 | provided in Section 45, any photograph or other recorded image | ||||||
3 | evidencing a violation is admissible in any proceeding | ||||||
4 | resulting from the issuance of the Uniform Traffic Citation. | ||||||
5 | Photographs or recorded images made by an automatic traffic | ||||||
6 | control system are confidential and shall be made available | ||||||
7 | only to the defendant and to governmental or law enforcement | ||||||
8 | agencies within the jurisdiction for the purposes of | ||||||
9 | adjudicating a driving violation. | ||||||
10 | Section 45. Vehicle rental or leasing company's | ||||||
11 | identification of a renter or lessee. | ||||||
12 | (a)
A Uniform Traffic Citation issued under this Act to a | ||||||
13 | motor vehicle rental or leasing company shall be dismissed with | ||||||
14 | respect to the rental or leasing company if: | ||||||
15 | (1) the company responds to the Uniform Traffic | ||||||
16 | Citation by submitting, within 30 days of the mailing of | ||||||
17 | the citation, an affidavit of non-liability stating that, | ||||||
18 | at the time of the alleged speeding or other traffic | ||||||
19 | violation, the vehicle was in the custody and control of a | ||||||
20 | renter or lessee under the terms of a rental agreement or | ||||||
21 | lease; and | ||||||
22 | (2) the company provides the driver's license number, | ||||||
23 | name, and address of the renter or lessee. | ||||||
24 | (b) A Uniform Traffic Citation dismissed with respect to a | ||||||
25 | motor vehicle rental or leasing company in accordance with | ||||||
26 | subsection (a) may then be issued and delivered by mail or | ||||||
27 | other means to the renter or lessee identified in the affidavit | ||||||
28 | of non-liability.
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29 | Section 90. The Illinois Vehicle Code is amended by | ||||||
30 | changing Section 11-605 as follows:
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31 | (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
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32 | Sec. 11-605. Special speed limit while passing schools or |
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1 | while traveling
through highway
construction or maintenance | ||||||
2 | zones.
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3 | (a) For the purpose of this Section, "school" means the | ||||||
4 | following
entities:
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5 | (1) A public or private primary or secondary school.
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6 | (2) A primary or secondary school operated by a | ||||||
7 | religious institution.
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8 | (3) A public, private, or religious nursery school.
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9 | On a school day when school children are present and so | ||||||
10 | close
thereto
that a potential hazard exists because of the | ||||||
11 | close proximity of the motorized
traffic, no person shall drive | ||||||
12 | a motor vehicle at a speed in excess of 20 miles
per hour while | ||||||
13 | passing a school zone or while traveling on a roadway on public
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14 | school property or upon any public
thoroughfare where children | ||||||
15 | pass going
to and from school.
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16 | For the purpose of this Section a school day shall begin at | ||||||
17 | seven ante
meridian and shall conclude at four post meridian.
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18 | This Section shall not be applicable unless appropriate | ||||||
19 | signs are posted
upon streets and highways under their | ||||||
20 | respective jurisdiction and
maintained by the Department, | ||||||
21 | township, county, park district, city,
village or incorporated | ||||||
22 | town wherein the school zone is located. With regard
to the | ||||||
23 | special speed limit while passing schools, such signs
shall | ||||||
24 | give proper due warning that a school zone is being approached | ||||||
25 | and
shall indicate the school zone and the maximum speed limit | ||||||
26 | in effect during
school days when school children are present.
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27 | (b) No person shall operate a motor vehicle in a | ||||||
28 | construction or
maintenance zone at a speed in excess of the | ||||||
29 | posted speed limit when workers
are present and so close to the | ||||||
30 | moving traffic that a potential hazard exists
because of the | ||||||
31 | motorized traffic.
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32 | (c) Nothing in this Chapter shall
prohibit the use of | ||||||
33 | electronic speed-detecting devices within 500 feet of
signs | ||||||
34 | within a special school speed zone or a construction or | ||||||
35 | maintenance
zone indicating such zone, as defined
in this | ||||||
36 | Section, nor shall evidence obtained thereby be inadmissible in |
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1 | any
prosecution for speeding provided the use of such device | ||||||
2 | shall apply only
to the enforcement of the speed limit in such | ||||||
3 | special school speed zone or a
construction or maintenance | ||||||
4 | zone.
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5 | (d) For the purpose of this Section, a construction or | ||||||
6 | maintenance zone is
an area in which the Department, Toll | ||||||
7 | Highway Authority, or local agency has
determined that the | ||||||
8 | preexisting established speed limit through a highway
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9 | construction or maintenance project is greater than is | ||||||
10 | reasonable or safe with
respect to the conditions expected to | ||||||
11 | exist in the construction or maintenance
zone and has posted a | ||||||
12 | lower speed limit with a highway construction or
maintenance | ||||||
13 | zone special speed limit sign.
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14 | Highway construction or maintenance zone special speed | ||||||
15 | limit signs shall be
of a design approved by the Department. | ||||||
16 | The signs shall give proper due
warning that a construction or | ||||||
17 | maintenance zone is being approached and shall
indicate the | ||||||
18 | maximum speed limit in effect. The signs shall also state the
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19 | amount of the minimum fine for a violation when workers are | ||||||
20 | present.
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21 | (d-1) A local agency may delegate to its superintendent of | ||||||
22 | highways the authority to set and post a reduced speed limit | ||||||
23 | for a construction or maintenance zone under subsection (b). If | ||||||
24 | a superintendent of highways sets a reduced speed limit for a | ||||||
25 | construction or maintenance zone in accordance with this | ||||||
26 | subsection (d-1), the local agency must maintain a record that | ||||||
27 | indicates (i) the location of the construction or maintenance | ||||||
28 | zone, (ii) the reduced speed limit set and posted for the | ||||||
29 | construction or maintenance zone, and (iii) the dates during | ||||||
30 | which the reduced speed limit was in effect.
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31 | (e) A first violation of this Section is a petty
offense | ||||||
32 | with a minimum fine
of $150. A second or subsequent violation | ||||||
33 | of this
Section is a petty offense with a minimum fine of $300.
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34 | (f) When a fine for a violation of subsection (a) is $150 | ||||||
35 | or greater,
the person who violates subsection (a) shall be | ||||||
36 | charged an additional
$50 to be paid to the unit school
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1 | district where the
violation
occurred for school safety | ||||||
2 | purposes. If the violation occurred in a dual
school district,
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3 | $25 of the surcharge shall be paid to the elementary school | ||||||
4 | district for school
safety
purposes and $25 of the surcharge | ||||||
5 | shall be paid to the high school district for
school
safety | ||||||
6 | purposes. Notwithstanding any other provision of law, the | ||||||
7 | entire $50
surcharge
shall be paid to the appropriate school | ||||||
8 | district or districts.
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9 | For purposes of this subsection (f), "school safety | ||||||
10 | purposes" includes the
costs
associated with school zone safety | ||||||
11 | education and
the purchase, installation, and maintenance of | ||||||
12 | caution lights
which are
mounted on school speed zone signs.
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13 | (g) When a fine for a violation of subsection (b) is $150 | ||||||
14 | or greater,
the person who violates subsection (b) shall be | ||||||
15 | charged an additional $50.
The $50 surcharge shall be deposited | ||||||
16 | into the Transportation Safety Highway
Hire-back Fund.
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17 | (h) The
Transportation Safety Highway
Hire-back Fund is | ||||||
18 | created as a special fund in the State treasury.
Subject to | ||||||
19 | appropriation by the General Assembly and approval by the
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20 | Secretary, the Secretary of Transportation shall use all moneys | ||||||
21 | in the
Transportation Safety Highway
Hire-back Fund to hire | ||||||
22 | off-duty Department of State Police officers to monitor
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23 | construction or maintenance zones.
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24 | (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | ||||||
25 | eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
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