093_SB0173eng SB173 Engrossed LRB093 07216 DRH 07372 b 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Sections 6-306.5, 11-208, 11-208.3, and 11-306 and 6 adding Section 11-208.5 as follows: 7 (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5) 8 Sec. 6-306.5. Failure to pay fine or penalty for 9 standing, parking,orcompliance, or automated traffic law 10 violations; suspension of driving privileges. 11 (a) Upon receipt of a certified report, as prescribed by 12 subsection (c) of this Section, from any municipality stating 13 that the owner of a registered vehicle has: (1) failed to pay 14 any fine or penalty due and owing as a result of 10 or more 15 violations of a municipality's vehicular standing, parking, 16 or compliance regulations established by ordinance pursuant 17 to Section 11-208.3 of this Code, or (2) failed to pay any 18 fine or penalty due and owing as a result of 5 offenses for 19 automated traffic violations as defined in Section 11-208.5, 20 the Secretary of State shall suspend the driving privileges 21 of such person in accordance with the procedures set forth in 22 this Section. The Secretary shall also suspend the driving 23 privileges of an owner of a registered vehicle upon receipt 24 of a certified report, as prescribed by subsection (f) of 25 this Section, from any municipality stating that such person 26 has failed to satisfy any fines or penalties imposed by final 27 judgments for 5 or more automated traffic law violations or 28 10 or more violations of local standing, parking, or 29 compliance regulations after exhaustion of judicial review 30 procedures. 31 (b) Following receipt of the certified report of the SB173 Engrossed -2- LRB093 07216 DRH 07372 b 1 municipality as specified in this Section, the Secretary of 2 State shall notify the person whose name appears on the 3 certified report that the person's drivers license will be 4 suspended at the end of a specified period of time unless the 5 Secretary of State is presented with a notice from the 6 municipality certifying that the fine or penalty due and 7 owing the municipality has been paid or that inclusion of 8 that person's name on the certified report was in error. The 9 Secretary's notice shall state in substance the information 10 contained in the municipality's certified report to the 11 Secretary, and shall be effective as specified by subsection 12 (c) of Section 6-211 of this Code. 13 (c) The report of the appropriate municipal official 14 notifying the Secretary of State of unpaid fines or penalties 15 pursuant to this Section shall be certified and shall contain 16 the following: 17 (1) The name, last known address and drivers 18 license number of the person who failed to pay the fine 19 or penalty and the registration number of any vehicle 20 known to be registered to such person in this State. 21 (2) The name of the municipality making the report 22 pursuant to this Section. 23 (3) A statement that the municipality sent a notice 24 of impending drivers license suspension as prescribed by 25 ordinance enacted pursuant to Section 11-208.3, to the 26 person named in the report at the address recorded with 27 the Secretary of State; the date on which such notice was 28 sent; and the address to which such notice was sent. In a 29 municipality with a population of 1,000,000 or more, the 30 report shall also include a statement that the alleged 31 violator's State vehicle registration number and vehicle 32 make are correct as they appear on the citations. 33 (d) Any municipality making a certified report to the 34 Secretary of State pursuant to this Section shall notify the SB173 Engrossed -3- LRB093 07216 DRH 07372 b 1 Secretary of State, in a form prescribed by the Secretary, 2 whenever a person named in the certified report has paid the 3 previously reported fine or penalty or whenever the 4 municipality determines that the original report was in 5 error. A certified copy of such notification shall also be 6 given upon request and at no additional charge to the person 7 named therein. Upon receipt of the municipality's 8 notification or presentation of a certified copy of such 9 notification, the Secretary of State shall terminate the 10 suspension. 11 (e) Any municipality making a certified report to the 12 Secretary of State pursuant to this Section shall also by 13 ordinance establish procedures for persons to challenge the 14 accuracy of the certified report. The ordinance shall also 15 state the grounds for such a challenge, which may be limited 16 to (1) the person not having been the owner or lessee of the 17 vehicle or vehicles receiving 10 or more standing, parking, 18 or compliance violation notices or 5 or more automated 19 traffic law violation notices on the date or dates such 20 notices were issued; and (2) the person having already paid 21 the fine or penalty for the 10 or more standing, parking, or 22 compliance violations or 5 or more automated traffic law 23 violations indicated on the certified report. 24 (f) Any municipality, other than a municipality 25 establishing vehicular standing, parking, and compliance 26 regulations pursuant to Section 11-208.3 or automated traffic 27 law regulations under Section 11-208.5, may also cause a 28 suspension of a person's drivers license pursuant to this 29 Section. Such municipality may invoke this sanction by making 30 a certified report to the Secretary of State upon a person's 31 failure to satisfy any fine or penalty imposed by final 32 judgment for 10 or more violations of local standing, 33 parking, or compliance regulations or 5 or more automated 34 traffic law violations after exhaustion of judicial review SB173 Engrossed -4- LRB093 07216 DRH 07372 b 1 procedures, but only if: 2 (1) the municipality complies with the provisions 3 of this Section in all respects except in regard to 4 enacting an ordinance pursuant to Section 11-208.3; 5 (2) the municipality has sent a notice of impending 6 drivers license suspension as prescribed by an ordinance 7 enacted pursuant to subsection (g) of this Section; and 8 (3) in municipalities with a population of 9 1,000,000 or more, the municipality has verified that the 10 alleged violator's State vehicle registration number and 11 vehicle make are correct as they appear on the citations. 12 (g) Any municipality, other than a municipality 13 establishing standing, parking, and compliance regulations 14 pursuant to Section 11-208.3 or automated traffic law 15 regulations under Section 11-208.5, may provide by ordinance 16 for the sending of a notice of impending drivers license 17 suspension to the person who has failed to satisfy any fine 18 or penalty imposed by final judgment for 10 or more 19 violations of local standing, parking, or compliance 20 regulations or 5 or more automated traffic law violations 21 after exhaustion of judicial review procedures. An ordinance 22 so providing shall specify that the notice sent to the person 23 liable for any fine or penalty shall state that failure to 24 pay the fine or penalty owing within 45 days of the notice's 25 date will result in the municipality notifying the Secretary 26 of State that the person's drivers license is eligible for 27 suspension pursuant to this Section. The notice of impending 28 drivers license suspension shall be sent by first class 29 United States mail, postage prepaid, to the address recorded 30 with the Secretary of State. 31 (h) An administrative hearing to contest an impending 32 suspension or a suspension made pursuant to this Section may 33 be had upon filing a written request with the Secretary of 34 State. The filing fee for this hearing shall be $20, to be SB173 Engrossed -5- LRB093 07216 DRH 07372 b 1 paid at the time the request is made. A municipality which 2 files a certified report with the Secretary of State pursuant 3 to this Section shall reimburse the Secretary for all 4 reasonable costs incurred by the Secretary as a result of the 5 filing of the report, including but not limited to the costs 6 of providing the notice required pursuant to subsection (b) 7 and the costs incurred by the Secretary in any hearing 8 conducted with respect to the report pursuant to this 9 subsection and any appeal from such a hearing. 10 (i) The provisions of this Section shall apply on and 11 after January 1, 1988. 12 (j) For purposes of this Section, the term "compliance 13 violation" is defined as in Section 11-208.3. 14 (Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 15 90-481, eff. 8-17-97.) 16 (625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208) 17 Sec. 11-208. Powers of local authorities. 18 (a) The provisions of this Code shall not be deemed to 19 prevent local authorities with respect to streets and 20 highways under their jurisdiction and within the reasonable 21 exercise of the police power from: 22 1. Regulating the standing or parking of vehicles, 23 except as limited by Section 11-1306 of this Act; 24 2. Regulating traffic by means of police officers 25 or traffic control signals; 26 3. Regulating or prohibiting processions or 27 assemblages on the highways; 28 4. Designating particular highways as one-way 29 highways and requiring that all vehicles thereon be moved 30 in one specific direction; 31 5. Regulating the speed of vehicles in public parks 32 subject to the limitations set forth in Section 11-604; 33 6. Designating any highway as a through highway, as SB173 Engrossed -6- LRB093 07216 DRH 07372 b 1 authorized in Section 11-302, and requiring that all 2 vehicles stop before entering or crossing the same or 3 designating any intersection as a stop intersection or a 4 yield right-of-way intersection and requiring all 5 vehicles to stop or yield the right-of-way at one or more 6 entrances to such intersections; 7 7. Restricting the use of highways as authorized in 8 Chapter 15; 9 8. Regulating the operation of bicycles and 10 requiring the registration and licensing of same, 11 including the requirement of a registration fee; 12 9. Regulating or prohibiting the turning of 13 vehicles or specified types of vehicles at intersections; 14 10. Altering the speed limits as authorized in 15 Section 11-604; 16 11. Prohibiting U-turns; 17 12. Prohibiting pedestrian crossings at other than 18 designated and marked crosswalks or at intersections; 19 13. Prohibiting parking during snow removal 20 operation; 21 14. Imposing fines in accordance with Section 22 11-1301.3 as penalties for use of any parking place 23 reserved for persons with disabilities, as defined by 24 Section 1-159.1, or disabled veterans by any person using 25 a motor vehicle not bearing registration plates specified 26 in Section 11-1301.1 or a special decal or device as 27 defined in Section 11-1301.2 as evidence that the vehicle 28 is operated by or for a person with disabilities or 29 disabled veteran; 30 15. Adopting such other traffic regulations as are 31 specifically authorized by this Code; or 32 16. Enforcing the provisions of subsection (f) of 33 Section 3-413 of this Code or a similar local ordinance. 34 (b) No ordinance or regulation enacted under subsections SB173 Engrossed -7- LRB093 07216 DRH 07372 b 1 1, 4, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be 2 effective until signs giving reasonable notice of such local 3 traffic regulations are posted. 4 (c) The provisions of this Code shall not prevent any 5 municipality having a population of 500,000 or more 6 inhabitants from prohibiting any person from driving or 7 operating any motor vehicle upon the roadways of such 8 municipality with headlamps on high beam or bright. 9 (d) The provisions of this Code shall not be deemed to 10 prevent local authorities within the reasonable exercise of 11 their police power from prohibiting, on private property, the 12 unauthorized use of parking spaces reserved for persons with 13 disabilities. 14 (e) No unit of local government, including a home rule 15 unit, may enact or enforce an ordinance that applies only to 16 motorcycles if the principal purpose for that ordinance is to 17 restrict the access of motorcycles to any highway or portion 18 of a highway for which federal or State funds have been used 19 for the planning, design, construction, or maintenance of 20 that highway. No unit of local government, including a home 21 rule unit, may enact an ordinance requiring motorcycle users 22 to wear protective headgear. Nothing in this subsection (e) 23 shall affect the authority of a unit of local government to 24 regulate motorcycles for traffic control purposes or in 25 accordance with Section 12-602 of this Code. No unit of 26 local government, including a home rule unit, may regulate 27 motorcycles in a manner inconsistent with this Code. This 28 subsection (e) is a limitation under subsection (i) of 29 Section 6 of Article VII of the Illinois Constitution on the 30 concurrent exercise by home rule units of powers and 31 functions exercised by the State. 32 (f) A municipality or county may enact an ordinance 33 providing for an automated traffic law enforcement system to 34 enforce violations of this Code or similar provisions of a SB173 Engrossed -8- LRB093 07216 DRH 07372 b 1 local ordinance. 2 (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97; 3 90-655, eff. 7-30-98; 91-519, eff. 1-1-00.) 4 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3) 5 Sec. 11-208.3. Administrative adjudication of violations 6 of traffic regulations concerning the standing, parking, or 7 condition of vehicles and automated traffic law violations. 8 (a) Any municipality may provide by ordinance for a 9 system of administrative adjudication of vehicular standing 10 and parking violations and vehicle compliance violations as 11 defined in this subsection, and automated traffic law 12 violations as defined in Section 11-208.5. The administrative 13 system shall have as its purpose the fair and efficient 14 enforcement of municipal regulations through the 15 administrative adjudication of automated traffic law 16 violations and violations of municipal ordinances regulating 17 the standing and parking of vehicles, the condition and use 18 of vehicle equipment, and the display of municipal wheel tax 19 licenses within the municipality's borders. The 20 administrative system shall only have authority to adjudicate 21 civil offenses carrying fines not in excess of $250 that 22 occur after the effective date of the ordinance adopting such 23 a system under this Section. For purposes of this Section, 24 "compliance violation" means a violation of a municipal 25 regulation governing the condition or use of equipment on a 26 vehicle or governing the display of a municipal wheel tax 27 license. 28 (b) Any ordinance establishing a system of 29 administrative adjudication under this Section shall provide 30 for: 31 (1) A traffic compliance administrator authorized 32 to adopt, distribute and process parking,andcompliance, 33 and automated traffic law violation notices and other SB173 Engrossed -9- LRB093 07216 DRH 07372 b 1 notices required by this Section, collect money paid as 2 fines and penalties for violation of parking and 3 compliance ordinances and automated traffic law 4 violations, and operate an administrative adjudication 5 system. The traffic compliance administrator also may 6 make a certified report to the Secretary of State under 7 Section 6-306.5. 8 (2) A parking, standing,orcompliance, or 9 automated traffic law violation notice that shall specify 10 the date, time, and place of violation of a parking, 11 standing,orcompliance, or automated traffic law 12 regulation; the particular regulation violated; the fine 13 and any penalty that may be assessed for late payment, 14 when so provided by ordinance; the vehicle make and state 15 registration number; and the identification number of the 16 person issuing the notice. With regard to municipalities 17 with a population of 1 million or more, it shall be 18 grounds for dismissal of a parking violation if the State 19 registration number or vehicle make specified is 20 incorrect. The violation notice shall state that the 21 payment of the indicated fine, and of any applicable 22 penalty for late payment, shall operate as a final 23 disposition of the violation. The notice also shall 24 contain information as to the availability of a hearing 25 in which the violation may be contested on its merits. 26 The violation notice shall specify the time and manner in 27 which a hearing may be had. 28 (3) Service of the parking, standing, or compliance 29 violation notice by affixing the original or a facsimile 30 of the notice to an unlawfully parked vehicle or by 31 handing the notice to the operator of a vehicle if he or 32 she is present and service of an automated traffic law 33 violation notice by mail to the address of the registered 34 owner of the cited vehicle as recorded with the Secretary SB173 Engrossed -10- LRB093 07216 DRH 07372 b 1 of State within 30 days after the violation. A person 2 authorized by ordinance to issue and serve parking, 3 standing,andcompliance, or automated traffic law 4 violation notices shall certify as to the correctness of 5 the facts entered on the violation notice by signing his 6 or her name to the notice at the time of service or in 7 the case of a notice produced by a computerized device, 8 by signing a single certificate to be kept by the traffic 9 compliance administrator attesting to the correctness of 10 all notices produced by the device while it was under his 11 or her control. In the case of an automated traffic law 12 violation, the ordinance shall require a signed statement 13 by a technician employed by the municipality or county 14 that, based on inspection of recorded images, the motor 15 vehicle was being operated in violation of Section 16 11-208.5. In the case of a red light violation, if the 17 technician determines that the vehicle entered the 18 intersection as part of a funeral procession or in order 19 to yield the right-of-way to an emergency vehicle, a 20 citation may not be issued. The original or a facsimile 21 of the violation notice or, in the case of a notice 22 produced by a computerized device, a printed record 23 generated by the device showing the facts entered on the 24 notice, shall be retained by the traffic compliance 25 administrator, and shall be a record kept in the ordinary 26 course of business. A parking, standing,orcompliance, 27 or automated traffic law violation notice issued, signed 28 and served in accordance with this Section, a copy of the 29 notice, or the computer generated record shall be prima 30 facie correct and shall be prima facie evidence of the 31 correctness of the facts shown on the notice. The 32 notice, copy, or computer generated record shall be 33 admissible in any subsequent administrative or legal 34 proceedings. SB173 Engrossed -11- LRB093 07216 DRH 07372 b 1 (4) An opportunity for a hearing for the registered 2 owner of the vehicle cited in the parking, standing,or3 compliance, or automated traffic law violation notice in 4 which the owner may contest the merits of the alleged 5 violation, and during which formal or technical rules of 6 evidence shall not apply; provided, however, that under 7 Section 11-1306 of this Code the lessee of a vehicle 8 cited in the violation notice likewise shall be provided 9 an opportunity for a hearing of the same kind afforded 10 the registered owner. The hearings shall be recorded, 11 and the person conducting the hearing on behalf of the 12 traffic compliance administrator shall be empowered to 13 administer oaths and to secure by subpoena both the 14 attendance and testimony of witnesses and the production 15 of relevant books and papers. Persons appearing at a 16 hearing under this Section may be represented by counsel 17 at their expense. The ordinance may also provide for 18 internal administrative review following the decision of 19 the hearing officer. 20 (5) Service of additional notices, sent by first 21 class United States mail, postage prepaid, to the address 22 of the registered owner of the cited vehicle as recorded 23 with the Secretary of State or, under Section 11-1306 of 24 this Code, to the lessee of the cited vehicle at the last 25 address known to the lessor of the cited vehicle at the 26 time of lease. The service shall be deemed complete as 27 of the date of deposit in the United States mail. The 28 notices shall be in the following sequence and shall 29 include but not be limited to the information specified 30 herein: 31 (i) A second notice of violation. This notice 32 shall specify the date and location of the violation 33 cited in the parking, standing,orcompliance, or 34 automated traffic law violation notice, the SB173 Engrossed -12- LRB093 07216 DRH 07372 b 1 particular regulation violated, the vehicle make and 2 state registration number, the fine and any penalty 3 that may be assessed for late payment when so 4 provided by ordinance, the availability of a hearing 5 in which the violation may be contested on its 6 merits, and the time and manner in which the hearing 7 may be had. The notice of violation shall also 8 state that failure either to pay the indicated fine 9 and any applicable penalty, or to appear at a 10 hearing on the merits in the time and manner 11 specified, will result in a final determination of 12 violation liability for the cited violation in the 13 amount of the fine or penalty indicated, and that, 14 upon the occurrence of a final determination of 15 violation liability for the failure, and the 16 exhaustion of, or failure to exhaust, available 17 administrative or judicial procedures for review, 18 any unpaid fine or penalty will constitute a debt 19 due and owing the municipality. 20 (ii) A notice of final determination of 21 parking, standing,orcompliance, or automated 22 traffic law violation liability. This notice shall 23 be sent following a final determination of parking, 24 standing,orcompliance, or automated traffic law 25 violation liability and the conclusion of judicial 26 review procedures taken under this Section. The 27 notice shall state that the unpaid fine or penalty 28 is a debt due and owing the municipality. The 29 notice shall contain warnings that failure to pay 30 any fine or penalty due and owing the municipality 31 within the time specified may result in the 32 municipality's filing of a petition in the Circuit 33 Court to have the unpaid fine or penalty rendered a 34 judgment as provided by this Section, or may result SB173 Engrossed -13- LRB093 07216 DRH 07372 b 1 in suspension of the person's drivers license for 2 failure to pay fines or penalties for 10 or more 3 parking violations under Section 6-306.5 or 5 more 4 automated traffic law violations under Section 5 11-208.5. 6 (6) A Notice of impending drivers license 7 suspension. This notice shall be sent to the person 8 liable for any fine or penalty that remains due and owing 9 on 10 or more parking violations or 5 or more unpaid 10 automated traffic law violations. The notice shall state 11 that failure to pay the fine or penalty owing within 45 12 days of the notice's date will result in the municipality 13 notifying the Secretary of State that the person is 14 eligible for initiation of suspension proceedings under 15 Section 6-306.5 of this Code. The notice shall also state 16 that the person may obtain a photostatic copy of an 17 original ticket imposing a fine or penalty by sending a 18 self addressed, stamped envelope to the municipality 19 along with a request for the photostatic copy. The 20 notice of impending drivers license suspension shall be 21 sent by first class United States mail, postage prepaid, 22 to the address recorded with the Secretary of State. 23 (7) Final determinations of violation liability. A 24 final determination of violation liability shall occur 25 following failure to pay the fine or penalty after a 26 hearing officer's determination of violation liability 27 and the exhaustion of or failure to exhaust any 28 administrative review procedures provided by ordinance. 29 Where a person fails to appear at a hearing to contest 30 the alleged violation in the time and manner specified in 31 a prior mailed notice, the hearing officer's 32 determination of violation liability shall become final: 33 (A) upon denial of a timely petition to set aside that 34 determination, or (B) upon expiration of the period for SB173 Engrossed -14- LRB093 07216 DRH 07372 b 1 filing the petition without a filing having been made. 2 (8) A petition to set aside a determination of 3 parking, standing,orcompliance, or automated traffic 4 law violation liability that may be filed by a person 5 owing an unpaid fine or penalty. The petition shall be 6 filed with and ruled upon by the traffic compliance 7 administrator in the manner and within the time specified 8 by ordinance. The grounds for the petition may be limited 9 to: (A) the person not having been the owner or lessee 10 of the cited vehicle on the date the violation notice was 11 issued, (B) the person having already paid the fine or 12 penalty for the violation in question, and (C) excusable 13 failure to appear at or request a new date for a hearing. 14 With regard to municipalities with a population of 1 15 million or more, it shall be grounds for dismissal of a 16 parking violation if the State registration number or 17 vehicle make specified is incorrect. After the 18 determination of parking, standing,orcompliance, or 19 automated traffic law violation liability has been set 20 aside upon a showing of just cause, the registered owner 21 shall be provided with a hearing on the merits for that 22 violation. 23 (9) Procedures for non-residents. Procedures by 24 which persons who are not residents of the municipality 25 may contest the merits of the alleged violation without 26 attending a hearing. 27 (10) A schedule of civil fines for violations of 28 vehicular standing, parking,andcompliance, and 29 automated traffic law regulations enacted by ordinance 30 pursuant to this Section, and a schedule of penalties for 31 late payment of the fines, provided, however, that the 32 total amount of the fine and penalty for any one 33 violation shall not exceed $250. 34 (11) Other provisions as are necessary and proper SB173 Engrossed -15- LRB093 07216 DRH 07372 b 1 to carry into effect the powers granted and purposes 2 stated in this Section. 3 (c) Any municipality establishing vehicular standing, 4 parking,andcompliance, and automated traffic law 5 regulations under this Section may also provide by ordinance 6 for a program of vehicle immobilization for the purpose of 7 facilitating enforcement of those regulations. The program 8 of vehicle immobilization shall provide for immobilizing any 9 eligible vehicle upon the public way by presence of a 10 restraint in a manner to prevent operation of the vehicle. 11 Any ordinance establishing a program of vehicle 12 immobilization under this Section shall provide: 13 (1) Criteria for the designation of vehicles 14 eligible for immobilization. A vehicle shall be eligible 15 for immobilization when the registered owner of the 16 vehicle has accumulated the number of unpaid final 17 determinations of parking, standing,orcompliance, or 18 automated traffic law violation liability as determined 19 by ordinance. 20 (2) A notice of impending vehicle immobilization 21 and a right to a hearing to challenge the validity of the 22 notice by disproving liability for the unpaid final 23 determinations of parking, standing,orcompliance, or 24 automated traffic law violation liability listed on the 25 notice. 26 (3) The right to a prompt hearing after a vehicle 27 has been immobilized or subsequently towed without 28 payment of the outstanding fines and penalties on 29 parking, standing,orcompliance, or automated traffic 30 law violations for which final determinations have been 31 issued. An order issued after the hearing is a final 32 administrative decision within the meaning of Section 33 3-101 of the Code of Civil Procedure. 34 (4) A post immobilization and post-towing notice SB173 Engrossed -16- LRB093 07216 DRH 07372 b 1 advising the registered owner of the vehicle of the right 2 to a hearing to challenge the validity of the 3 impoundment. 4 (d) Judicial review of final determinations of parking, 5 standing,andcompliance, and automated traffic law 6 violations and final administrative decisions issued after 7 hearings regarding vehicle immobilization and impoundment 8 made under this Section shall be subject to the provisions of 9 the Administrative Review Law. 10 (e) Any fine, penalty, or part of any fine or any 11 penalty remaining unpaid after the exhaustion of, or the 12 failure to exhaust, administrative remedies created under 13 this Section and the conclusion of any judicial review 14 procedures shall be a debt due and owing the municipality 15 and, as such, may be collected in accordance with applicable 16 law. Payment in full of any fine or penalty resulting from a 17 standing, parking,orcompliance, or automated traffic law 18 violation shall constitute a final disposition of that 19 violation. 20 (f) After the expiration of the period within which 21 judicial review may be sought for a final determination of 22 parking, standing,orcompliance, or automated traffic law 23 violation, the municipality may commence a proceeding in the 24 Circuit Court for purposes of obtaining a judgment on the 25 final determination of violation. Nothing in this Section 26 shall prevent a municipality from consolidating multiple 27 final determinations of parking, standing,orcompliance, or 28 automated traffic law violationsviolationagainst a person 29 in a proceeding. Upon commencement of the action, the 30 municipality shall file a certified copy of the final 31 determination of parking, standing,orcompliance, or 32 automated traffic law violation, which shall be accompanied 33 by a certification that recites facts sufficient to show that 34 the final determination of violation was issued in accordance SB173 Engrossed -17- LRB093 07216 DRH 07372 b 1 with this Section and the applicable municipal ordinance. 2 Service of the summons and a copy of the petition may be by 3 any method provided by Section 2-203 of the Code of Civil 4 Procedure or by certified mail, return receipt requested, 5 provided that the total amount of fines and penalties for 6 final determinations of parking, standing,orcompliance, or 7 automated traffic law violations does not exceed $2500. If 8 the court is satisfied that the final determination of 9 parking, standing,orcompliance, or automated traffic law 10 violation was entered in accordance with the requirements of 11 this Section and the applicable municipal ordinance, and that 12 the registered owner or the lessee, as the case may be, had 13 an opportunity for an administrative hearing and for judicial 14 review as provided in this Section, the court shall render 15 judgment in favor of the municipality and against the 16 registered owner or the lessee for the amount indicated in 17 the final determination of parking, standing,orcompliance, 18 or automated traffic law violation, plus costs. The judgment 19 shall have the same effect and may be enforced in the same 20 manner as other judgments for the recovery of money. 21 (Source: P.A. 92-695, eff. 1-1-03.) 22 (625 ILCS 5/11-208.5 new) 23 Sec. 11-208.5. Automated traffic law enforcement system. 24 (a) As used in this Section, "automated traffic law 25 enforcement system" means a device with one or more motor 26 vehicle sensors working in conjunction with: 27 (1) a red light signal to produce recorded images 28 of motor vehicles entering an intersection against a red 29 signal indication in violation of Section 11-306 of this 30 Code or a similar provision of a local ordinance; 31 (2) a speed measuring device to produce recorded 32 images of motor vehicles traveling at a prohibited rate 33 of speed; or SB173 Engrossed -18- LRB093 07216 DRH 07372 b 1 (3) any other traffic control device designed to 2 enhance highway safety. 3 An automated traffic law enforcement system is a system 4 in a municipality or county operated by a governmental 5 agency, in cooperation with a law enforcement agency, that 6 produces a recorded image of a motor vehicle's violation of a 7 provision of this Code or a local ordinance and is designed 8 to obtain a clear recorded image of the vehicle and the 9 vehicle's license plate. The recorded image must also display 10 the time, date, and location of the violation. 11 (b) As used in this Section, "recorded images" means 12 images recorded by an automated traffic law enforcement 13 system on: 14 (1) 2 or more photographs; 15 (2) 2 or more microphotographs; 16 (3) 2 or more electronic images; or 17 (4) a videotape showing the motor vehicle and, on 18 at least one image or portion of tape, clearly 19 identifying the registration plate number of the motor 20 vehicle. 21 (c) For each violation of a provision of this Code or a 22 local ordinance recorded by an automatic traffic law 23 enforcement system, the local law enforcement agency having 24 jurisdiction shall issue a written citation and a notice of 25 the violation to the registered owner of the vehicle as the 26 alleged violator. The citation and notice shall be delivered 27 to the registered owner of the vehicle, by mail, within 30 28 days of the violation. 29 The citation shall include: 30 (1) the name and address of the registered owner of 31 the vehicle; 32 (2) the registration number of the motor vehicle 33 involved in the violation; 34 (3) the violation charged; SB173 Engrossed -19- LRB093 07216 DRH 07372 b 1 (4) the location where the violation occurred; 2 (5) the date and time of the violation; 3 (6) a copy of the recorded images; 4 (7) the amount of the civil penalty imposed and the 5 date by which the civil penalty should be paid; 6 (8) a signed statement by a technician employed by 7 the agency that, based on inspection of recorded images, 8 the motor vehicle was being operated in violation of a 9 automated traffic law enforcement system; 10 (9) a statement that recorded images are evidence 11 of a violation of a traffic control device or posted rate 12 of speed; and 13 (10) warning that failure to pay the civil penalty 14 or to contest liability in a timely manner is an 15 admission of liability and may result in a suspension of 16 the driving privileges of the registered owner of the 17 vehicle. 18 (d) The citation issued to the registered owner of the 19 vehicle shall be accompanied by a written notice, the 20 contents of which is set forth in subsection (e) of this 21 Section, explaining how the registered owner of the vehicle 22 can elect to proceed by either paying the civil penalty or 23 challenging the issuance of the citation. 24 (e) The written notice explaining the alleged violator's 25 rights and obligations must include the following text: 26 "You have been served with the accompanying citation and 27 cited with having violated Section 11-208.5 of the 28 Illinois Vehicle Code. You can elect to proceed by: 29 1. paying the fine; or 30 2. challenging the issuance of the Citation in 31 court." 32 (f) If a person charged with a traffic violation, as a 33 result of an automated traffic law enforcement system, does 34 not pay or successfully contest the civil penalty resulting SB173 Engrossed -20- LRB093 07216 DRH 07372 b 1 from that violation, the Secretary of State shall suspend the 2 driving privileges of the registered owner of the vehicle 3 under Section 6-306.5 of this Code for failing to pay any 4 fine or penalty due and owing as a result of 5 violations of 5 the automated traffic law enforcement system. 6 (g) Based on inspection of recorded images produced by 7 an automated traffic law enforcement system, a citation or a 8 copy of a citation alleging that the violation occurred and 9 signed by a duly authorized agent of the agency shall be 10 evidence of the facts contained in the citation or copy and 11 admissible in any proceeding alleging a violation under this 12 Section. 13 (h) Recorded images made by an automatic traffic law 14 enforcement system are confidential and shall be made 15 available only to the alleged violator and governmental and 16 law enforcement agencies for purposes of adjudicating a 17 violation of this Section. Any recorded image evidencing a 18 violation of this Section, however, is admissible in any 19 proceeding resulting from the issuance of the citation when 20 there is reasonable and sufficient proof of the accuracy of 21 the camera or electronic instrument recording the image. 22 There is a rebuttable presumption that the recorded image is 23 accurate if the camera or electronic recording instrument was 24 in good working order at the beginning and the end of the day 25 of the alleged offense. 26 (i) The court may consider in defense of a violation: 27 (1) that the motor vehicle or registration plates 28 of the motor vehicle were stolen before the violation 29 occurred and not under the control of or in the 30 possession of the owner at the time of the violation; 31 (2) with respect to an alleged automated red light 32 violation, that the driver of the vehicle passed through 33 the intersection when the light was red either (i) in 34 order to yield the right-of-way to an emergency vehicle SB173 Engrossed -21- LRB093 07216 DRH 07372 b 1 or (ii) as part of a funeral procession; and 2 (3) any other evidence or issues that the Court 3 deems pertinent. 4 (j) To demonstrate that the motor vehicle or the 5 registration plates were stolen before the violation occurred 6 and were not under the control or possession of the owner at 7 the time of the violation, the owner must submit proof that a 8 police report concerning the stolen motor vehicle or 9 registration plates was filed in a timely manner. 10 (k) Unless the driver of the motor vehicle received a 11 Uniform Traffic Citation from a police officer at the time of 12 the violation, the motor vehicle owner is subject to a civil 13 penalty not exceeding $500 if the motor vehicle is recorded 14 by an automated traffic law enforcement system. A violation 15 for which a civil penalty is imposed under this Section is 16 not a violation of a traffic regulation governing the 17 movement of vehicles and may not be recorded on the driving 18 record of the owner of the vehicle. 19 (l) A roadway or intersection equipped with an automated 20 traffic law enforcement system must be posted with a sign 21 visible to approaching traffic indicating that the roadway or 22 intersection is being monitored by an automated traffic law 23 enforcement system. 24 (m) The compensation paid for an automated traffic law 25 enforcement system must be based on the value of the 26 equipment or the services provided and may not be based on 27 the number of traffic citations issued or the revenue 28 generated by the system. 29 (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306) 30 Sec. 11-306. Traffic-control signal legend. Whenever 31 traffic is controlled by traffic-control signals exhibiting 32 different colored lights or color lighted arrows, 33 successively one at a time or in combination, only the colors SB173 Engrossed -22- LRB093 07216 DRH 07372 b 1 green, red and yellow shall be used, except for special 2 pedestrian signals carrying a word legend, and the lights 3 shall indicate and apply to drivers of vehicles and 4 pedestrians as follows: 5 (a) Green indication. 6 1. Vehicular traffic facing a circular green signal 7 may proceed straight through or turn right or left unless 8 a sign at such place prohibits either such turn. 9 Vehicular traffic, including vehicles turning right or 10 left, shall yield the right of way to other vehicles and 11 to pedestrians lawfully within the intersection or an 12 adjacent crosswalk at the time such signal is exhibited. 13 2. Vehicular traffic facing a green arrow signal, 14 shown alone or in combination with another indication, 15 may cautiously enter the intersection only to make the 16 movement indicated by such arrow, or such other movement 17 as is permitted by other indications shown at the same 18 time. Such vehicular traffic shall yield the right of 19 way to pedestrians lawfully within an adjacent crosswalk 20 and to other traffic lawfully using the intersection. 21 3. Unless otherwise directed by a 22 pedestrian-control signal, as provided in Section 11-307, 23 pedestrians facing any green signal, except when the sole 24 green signal is a turn arrow, may proceed across the 25 roadway within any marked or unmarked crosswalk. 26 (b) Steady yellow indication. 27 1. Vehicular traffic facing a steady circular 28 yellow or yellow arrow signal is thereby warned that the 29 related green movement is being terminated or that a red 30 indication will be exhibited immediately thereafter. 31 2. Pedestrians facing a steady circular yellow or 32 yellow arrow signal, unless otherwise directed by a 33 pedestrian-control signal as provided in Section 11-307, 34 are thereby advised that there is insufficient time to SB173 Engrossed -23- LRB093 07216 DRH 07372 b 1 cross the roadway before a red indication is shown and no 2 pedestrian shall then start to cross the roadway. 3 (c) Steady red indication. 4 1. Except as provided in paragraph 3 of this 5 subsection (c), vehicular traffic facing a steady 6 circular red signal alone shall stop at a clearly marked 7 stop line, but if there is no such stop line, before 8 entering the crosswalk on the near side of the 9 intersection, or if there is no such crosswalk, then 10 before entering the intersection, and shall remain 11 standing until an indication to proceed is shown. 12 2. Except as provided in paragraph 3 of this 13 subsection (c), vehicular traffic facing a steady red 14 arrow signal shall not enter the intersection to make the 15 movement indicated by the arrow and, unless entering the 16 intersection to make a movement permitted by another 17 signal, shall stop at a clearly marked stop line, but if 18 there is no such stop line, before entering the crosswalk 19 on the near side of the intersection, or if there is no 20 such crosswalk, then before entering the intersection, 21 and shall remain standing until an indication permitting 22 the movement indicated by such red arrow is shown. 23 3. Except when a sign is in place prohibiting a 24 turn and local authorities by ordinance or State 25 authorities by rule or regulation prohibit any such turn, 26 vehicular traffic facing any steady red signal may 27 cautiously enter the intersection to turn right, or to 28 turn left from a one-way street into a one-way street, 29 after stopping as required by paragraph 1 or paragraph 2 30 of this subsection. After stopping, the driver shall 31 yield the right of way to any vehicle in the intersection 32 or approaching on another roadway so closely as to 33 constitute an immediate hazard during the time such 34 driver is moving across or within the intersection or SB173 Engrossed -24- LRB093 07216 DRH 07372 b 1 junction or roadways. Such driver shall yield the right 2 of way to pedestrians within the intersection or an 3 adjacent crosswalk. 4 4. Unless otherwise directed by a 5 pedestrian-control signal as provided in Section 11-307, 6 pedestrians facing a steady circular red or red arrow 7 signal alone shall not enter the roadway. 85. A municipality with a population of 1,000,000 or9more may enact an ordinance that provides for the use of10an automated red light enforcement system to enforce11violations of this subsection (c) that result in or12involve a motor vehicle accident, leaving the scene of a13motor vehicle accident, or reckless driving that results14in bodily injury.15This paragraph 5 is subject to prosecutorial16discretion that is consistent with applicable law.17 (d) In the event an official traffic control signal is 18 erected and maintained at a place other than an intersection, 19 the provisions of this Section shall be applicable except as 20 to provisions which by their nature can have no application. 21 Any stop required shall be at a traffic sign or a marking on 22 the pavement indicating where the stop shall be made or, in 23 the absence of such sign or marking, the stop shall be made 24 at the signal. 25 (e) The motorman of any streetcar shall obey the above 26 signals as applicable to vehicles. 27 (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.) 28 (625 ILCS 5/1-105.5 rep.) 29 Section 10. The Illinois Vehicle Code is amended by 30 repealing Section 1-105.5. 31 Section 99. Effective date. This Act takes effect upon 32 becoming law.