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1 | AN ACT concerning transportation.
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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 changing
| |||||||||||||||||||||||||||||
5 | Sections 4-203, 18a-200, and 18a-300 and by adding Section | |||||||||||||||||||||||||||||
6 | 18a-402.1 as follows:
| |||||||||||||||||||||||||||||
7 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| |||||||||||||||||||||||||||||
8 | Sec. 4-203. Removal of motor vehicles or other vehicles; | |||||||||||||||||||||||||||||
9 | Towing or
hauling away.
| |||||||||||||||||||||||||||||
10 | (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 |
| |||||||
| |||||||
1 | 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:
| ||||||
7 | (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
| ||||||
15 | (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.
| ||||||
23 | (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:
| ||||||
29 | (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
| ||||||
33 | (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.
|
| |||||||
| |||||||
1 | 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.
| ||||||
9 | (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:
| ||||||
22 | 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.
| ||||||
27 | 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.
| ||||||
34 | 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 |
| |||||||
| |||||||
1 | 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.
| ||||||
7 | 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.
| ||||||
14 | 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:
| ||||||
26 | 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
| ||||||
29 | 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.
| ||||||
32 | 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.
| ||||||
36 | c. The notice must also provide the name and |
| |||||||
| |||||||
1 | current telephone
number of the towing service towing | ||||||
2 | or removing the vehicle.
| ||||||
3 | 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
| ||||||
7 | not less than 24 hours prior to the towing or removing | ||||||
8 | of any vehicle.
| ||||||
9 | 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.
| ||||||
19 | 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.
| ||||||
24 | 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.
| ||||||
28 | 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.
| ||||||
34 | 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 |
| |||||||
| |||||||
1 | 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.
| ||||||
12 | 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.
| ||||||
16 | 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.
| ||||||
21 | 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.
| ||||||
24 | 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
| ||||||
28 | other risks.
| ||||||
29 | 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.
| ||||||
33 | (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 |
| |||||||
| |||||||
1 | with appropriate jurisdiction.
| ||||||
2 | 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.
| ||||||
6 | 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; however, the
| ||||||
12 | provisions of that Act governing the maximum amount of such a | ||||||
13 | lien do not apply
to any lien covered by this subsection.
"An | ||||||
14 | Act concerning liens for labor,
services,
skill or materials
| ||||||
15 | furnished upon or storage furnished for chattels", filed July | ||||||
16 | 24, 1941,
as amended, and The provisions of Section 1 of that | ||||||
17 | Act relating to notice
and implied consent shall be deemed | ||||||
18 | satisfied by compliance with Section
18a-302 and subsection (6) | ||||||
19 | of Section 18a-300. In no event shall such lien
be greater than | ||||||
20 | the rate or rates established in accordance with subsection
(6) | ||||||
21 | of Section 18a-200 of this Code. In no event shall such lien be
| ||||||
22 | increased or altered to reflect any charge for services or | ||||||
23 | materials
rendered in addition to those authorized by this Act. | ||||||
24 | Every such lien
shall be payable by use of any major credit | ||||||
25 | card, in addition to being
payable in cash.
| ||||||
26 | Any personal property in a vehicle subject to a lien under | ||||||
27 | this
subsection
(g) shall likewise be subject to that lien, | ||||||
28 | excepting only:
food; medicine; perishable property; any | ||||||
29 | operator's licenses; any cash, credit
cards, or checks or | ||||||
30 | checkbooks; and any wallet, purse, or other property
containing | ||||||
31 | any operator's license or other identifying documents or | ||||||
32 | materials,
cash, credit cards, checks, or checkbooks.
| ||||||
33 | No lien under this subsection (g) shall
exceed $5,000 in | ||||||
34 | its total amount or
be increased or altered to reflect any | ||||||
35 | charge for services or
materials rendered in addition to those | ||||||
36 | authorized by this Act.
|
| |||||||
| |||||||
1 | (Source: P.A. 90-738, eff. 1-1-99.)
| ||||||
2 | (625 ILCS 5/18a-200) (from Ch. 95 1/2, par. 18a-200)
| ||||||
3 | Sec. 18a-200. General powers and duties of Commission. The | ||||||
4 | Commission shall:
| ||||||
5 | (1) Regulate commercial vehicle relocators and their | ||||||
6 | employees or agents in
accordance with this Chapter and to that | ||||||
7 | end may establish reasonable
requirements with respect to | ||||||
8 | proper service and practices relating
thereto;
| ||||||
9 | (2) Require the maintenance of uniform systems of accounts, | ||||||
10 | records
and the preservation thereof;
| ||||||
11 | (3) Require that all drivers and other personnel used in | ||||||
12 | relocation be
employees of a licensed relocator;
| ||||||
13 | (4) Regulate equipment leasing to and by relocators;
| ||||||
14 | (5) Adopt reasonable and proper rules covering the exercise | ||||||
15 | of
powers conferred upon it by this Chapter, and reasonable | ||||||
16 | rules governing
investigations, hearings and proceedings under | ||||||
17 | this Chapter;
| ||||||
18 | (6) Set reasonable rates for the commercial towing or | ||||||
19 | removal of trespassing
vehicles from private property. The | ||||||
20 | rates shall not exceed the mean average of
the 5 highest rates | ||||||
21 | for police tows within the territory to which this Chapter
| ||||||
22 | applies that are performed under Sections 4-201 and 4-214 of | ||||||
23 | this Code and that
are of record at hearing; provided that the | ||||||
24 | Commission shall not re-calculate
the maximum specified herein | ||||||
25 | if the order containing the previous calculation
was entered | ||||||
26 | within one calendar year of the date on which the new order is
| ||||||
27 | entered. Set reasonable rates for the storage, for periods in | ||||||
28 | excess of 24
hours, of the vehicles in connection with the | ||||||
29 | towing or removal; however,
no relocator shall impose charges | ||||||
30 | for storage for the first 24 hours
after towing or removal. Set | ||||||
31 | reasonable rates for other services provided
by relocators, | ||||||
32 | including for the use of a credit card by the owner or operator | ||||||
33 | of a relocated vehicle
provided that the rates shall not be | ||||||
34 | charged to the owner or
operator of a relocated vehicle. Any | ||||||
35 | fee charged by a
relocator for the use of a credit card that is |
| |||||||
| |||||||
1 | used to pay for any service
rendered by the relocator shall be | ||||||
2 | included in the total amount that shall
not exceed the maximum | ||||||
3 | reasonable rate established by the Commission . The
Commission | ||||||
4 | shall require a relocator to refund any amount charged in | ||||||
5 | excess
of the reasonable rates
rate established by the | ||||||
6 | Commission , including any fee for
the use of a credit card ;
| ||||||
7 | (7) Investigate and maintain current files of the criminal | ||||||
8 | records,
if any, of all relocators and their employees and of | ||||||
9 | all applicants for
relocator's license, operator's licenses | ||||||
10 | and dispatcher's licenses. If the
Commission determines that an | ||||||
11 | applicant for a license issued
under this Chapter will be | ||||||
12 | subjected to a criminal history records
check, the applicant | ||||||
13 | shall submit his or her fingerprints to the
Department of State | ||||||
14 | Police in the form and manner prescribed by the Department
of | ||||||
15 | State Police. These fingerprints shall be checked against the | ||||||
16 | Department
of State Police and Federal Bureau of Investigation | ||||||
17 | criminal history record
information databases now and | ||||||
18 | hereafter filed. The Department of State Police
shall charge | ||||||
19 | the applicant a
fee
for conducting the criminal history records | ||||||
20 | check, which shall be deposited in
the State Police Services | ||||||
21 | Fund and shall not exceed the actual cost of the
records check. | ||||||
22 | The Department of State Police shall furnish pursuant to
| ||||||
23 | positive
identification, records of conviction to the | ||||||
24 | Commission;
| ||||||
25 | (8) Issue relocator's licenses, dispatcher's employment | ||||||
26 | permits, and
operator's employment permits in accordance with | ||||||
27 | Article IV of this Chapter;
| ||||||
28 | (9) Establish fitness standards for applicants seeking | ||||||
29 | relocator
licensees and holders of relocator licenses;
| ||||||
30 | (10) Upon verified complaint in writing by any
person, | ||||||
31 | organization or body politic, or upon its own initiative may,
| ||||||
32 | investigate whether any commercial vehicle relocator, | ||||||
33 | operator, dispatcher,
or person otherwise required to comply | ||||||
34 | with any provision of this Chapter
or any rule promulgated | ||||||
35 | hereunder, has failed to comply with any
provision or rule;
| ||||||
36 | (11) Whenever the Commission receives notice from the |
| |||||||
| |||||||
1 | Secretary of State
that any domestic or foreign corporation | ||||||
2 | regulated under this Chapter has
not paid a franchise tax, | ||||||
3 | license fee or penalty required under the Business
Corporation | ||||||
4 | Act of 1983, institute proceedings
for the revocation of the | ||||||
5 | license or right to engage in any business
required under this | ||||||
6 | Chapter or the suspension thereof until such time as
the | ||||||
7 | delinquent franchise tax, license fee or penalty is paid.
| ||||||
8 | (Source: P.A. 93-418, eff. 1-1-04.)
| ||||||
9 | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| ||||||
10 | Sec. 18a-300. Commercial vehicle relocators - Unlawful | ||||||
11 | practices. It
shall be unlawful for any commercial vehicle | ||||||
12 | relocator:
| ||||||
13 | (1) To operate in any county in which this Chapter is | ||||||
14 | applicable
without a valid, current relocator's license as | ||||||
15 | provided in Article IV
of this Chapter;
| ||||||
16 | (2) To employ as an operator, or otherwise so use the | ||||||
17 | services of,
any person who does not have at the commencement | ||||||
18 | of employment or
service, or at any time during the course of | ||||||
19 | employment or service, a
valid, current operator's employment | ||||||
20 | permit, or temporary operator's
employment permit issued in | ||||||
21 | accordance with Sections 18a-403 or 18a-405
of this Chapter; or | ||||||
22 | to fail to notify the Commission, in writing, of any
known | ||||||
23 | criminal conviction of any employee occurring at any time | ||||||
24 | before
or during the course of employment or service;
| ||||||
25 | (3) To employ as a dispatcher, or otherwise so use the | ||||||
26 | services of, any
person who does not have at the commencement | ||||||
27 | of employment or service, or
at any time during the course of | ||||||
28 | employment or service, a valid, current
dispatcher's or | ||||||
29 | operator's employment permit or temporary dispatcher's or
| ||||||
30 | operator's employment permit issued in accordance with | ||||||
31 | Sections 18a-403 or
18a-407 of this Chapter; or to fail to | ||||||
32 | notify the Commission, in writing,
of any known criminal | ||||||
33 | conviction of any employee occurring at any time
before or | ||||||
34 | during the course of employment or service;
| ||||||
35 | (4) To operate upon the highways of this State any vehicle |
| |||||||
| |||||||
1 | used in
connection with any commercial vehicle relocation | ||||||
2 | service unless:
| ||||||
3 | (A) There is painted or firmly affixed to the vehicle | ||||||
4 | on both sides of the
vehicle in a color or colors vividly | ||||||
5 | contrasting to the color of the vehicle
the name, address | ||||||
6 | and telephone number of the relocator.
The Commission shall | ||||||
7 | prescribe reasonable rules and regulations
pertaining to | ||||||
8 | insignia to be painted or firmly affixed to vehicles and
| ||||||
9 | shall waive the requirements of the address on any vehicle | ||||||
10 | in cases
where the operator of a vehicle has painted or | ||||||
11 | otherwise firmly affixed
to the vehicle a seal or trade | ||||||
12 | mark that clearly identifies the
operator of the vehicle; | ||||||
13 | and
| ||||||
14 | (B) There is carried in the power unit of the vehicle a | ||||||
15 | certified
copy of the currently effective relocator's | ||||||
16 | license and operator's
employment permit. Copies may be | ||||||
17 | photographed, photocopied, or reproduced
or printed by any | ||||||
18 | other legible and durable process. Any person guilty of
not | ||||||
19 | causing to be displayed a copy of his relocator's license | ||||||
20 | and
operator's employment permit may in any hearing | ||||||
21 | concerning the violation
be excused from the payment of the | ||||||
22 | penalty hereinafter provided upon a
showing that the | ||||||
23 | license was issued by the Commission, but was
subsequently | ||||||
24 | lost or destroyed;
| ||||||
25 | (5) To operate upon the highways of this State any vehicle | ||||||
26 | used in
connection with any commercial vehicle relocation | ||||||
27 | service that bears the
name or address and telephone number of | ||||||
28 | any person or entity other than
the relocator by which it is | ||||||
29 | owned or to which it is leased;
| ||||||
30 | (6) To advertise in any newspaper, book, list, classified | ||||||
31 | directory
or other publication unless there is contained in the | ||||||
32 | advertisement the
license number of the relocator;
| ||||||
33 | (7) To remove any vehicle from private property without | ||||||
34 | having first
obtained the written authorization of the property | ||||||
35 | owner or other person
in lawful possession or control of the | ||||||
36 | property, his authorized agent,
or an authorized law |
| |||||||
| |||||||
1 | enforcement officer. The authorization may be on
a contractual | ||||||
2 | basis covering a period of time or limited to a specific
| ||||||
3 | removal;
| ||||||
4 | (8) To charge the private property owner, who requested | ||||||
5 | that an
unauthorized vehicle be removed from his property, with | ||||||
6 | the costs of
removing the vehicle contrary to any terms that | ||||||
7 | may be a part of the
contract between the property owner and | ||||||
8 | the commercial relocator.
Nothing in this paragraph shall | ||||||
9 | prevent a relocator from assessing,
collecting, or receiving | ||||||
10 | from the property owner, lessee, or their agents
any fee | ||||||
11 | prescribed by the Commission;
| ||||||
12 | (9) To remove a vehicle when the owner or operator of the | ||||||
13 | vehicle
is present or arrives at the vehicle location at any | ||||||
14 | time prior to the
completion of removal, and is willing and | ||||||
15 | able to remove the vehicle
immediately;
| ||||||
16 | (10) To remove any vehicle from property on which signs are | ||||||
17 | required
and on which there are not posted appropriate signs | ||||||
18 | under Section
18a-302;
| ||||||
19 | (11) To fail to notify law enforcement authorities in the
| ||||||
20 | jurisdiction in which the trespassing vehicle was removed | ||||||
21 | within one
hour of the removal. Notification shall include a | ||||||
22 | complete description
of the vehicle, registration numbers if | ||||||
23 | possible, the locations from
which and to which the vehicle was | ||||||
24 | removed, the time of removal, and any
other information | ||||||
25 | required by regulation, statute or ordinance;
| ||||||
26 | (12) To impose any charge other than in accordance with the | ||||||
27 | rates set by the
Commission as provided in paragraph (6) of | ||||||
28 | Section 18a-200 of this Chapter;
| ||||||
29 | (13) To fail, in the office or location at which relocated | ||||||
30 | vehicles
are routinely returned to their owners, to prominently | ||||||
31 | post the name,
address and telephone number of the nearest | ||||||
32 | office of the Commission to
which inquiries or complaints may | ||||||
33 | be sent;
| ||||||
34 | (13.1) To fail to distribute to each owner or operator of a | ||||||
35 | relocated
vehicle, in written form as prescribed by Commission | ||||||
36 | rule or regulation, the
relevant statutes, regulations and |
| |||||||
| |||||||
1 | ordinances governing commercial vehicle
relocators, including, | ||||||
2 | in at least 12 point boldface type, the name, address
and | ||||||
3 | telephone number of the nearest office of the Commission to | ||||||
4 | which inquiries
or complaints may be sent; | ||||||
5 | (13.2) To fail, in a county with a population of more than | ||||||
6 | 2,000,000, to make available to their owners or operators, 24 | ||||||
7 | hours per day, 7 days per week, 52 weeks per year, relocated | ||||||
8 | vehicles.
| ||||||
9 | (14) To remove any vehicle, otherwise in accordance with | ||||||
10 | this Chapter,
more than 15 air miles from its location when | ||||||
11 | towed from a location in an
unincorporated area of a county or | ||||||
12 | more than 10 air miles from its location
when towed from any | ||||||
13 | other location;
| ||||||
14 | (15) To fail to make a telephone number available to the | ||||||
15 | police department
of any municipality in which a relocator | ||||||
16 | operates at which the relocator
or an employee of the relocator | ||||||
17 | may be contacted at any time during the
hours in which the | ||||||
18 | relocator is engaged in the towing of vehicles, or
advertised | ||||||
19 | as engaged in the towing of vehicles, for the purpose of
| ||||||
20 | effectuating the release of a towed vehicle; or to fail to | ||||||
21 | include the
telephone number in any advertisement of the | ||||||
22 | relocator's services published
or otherwise appearing on or | ||||||
23 | after the effective date of this amendatory
Act; or to fail to | ||||||
24 | have an employee available at any time on the
premises owned or | ||||||
25 | controlled by the relocator for the purposes of arranging
for | ||||||
26 | the immediate release of the vehicle.
| ||||||
27 | Apart from any other penalty or liability authorized under | ||||||
28 | this Act, if
after a reasonable effort, the owner of the | ||||||
29 | vehicle is unable to make telephone
contact with the relocator | ||||||
30 | for a period of one hour from his initial attempt
during any | ||||||
31 | time period in which the relocator is required to respond at
| ||||||
32 | the number, all fees for towing, storage, or otherwise are to | ||||||
33 | be waived. Proof
of 3 attempted phone calls to the number | ||||||
34 | provided to the police department
by an officer or employee of | ||||||
35 | the department on behalf of the vehicle owner
within the space | ||||||
36 | of one hour, at least 2 of which are separated by 45 minutes,
|
| |||||||
| |||||||
1 | shall be deemed sufficient proof of the owner's reasonable | ||||||
2 | effort to make
contact with the vehicle relocator. Failure of | ||||||
3 | the relocator to respond to
the phone calls is not a criminal | ||||||
4 | violation of this Chapter;
| ||||||
5 | (16) To use equipment which the relocator does not own, | ||||||
6 | except in
compliance with Section 18a-306 of this Chapter and | ||||||
7 | Commission regulations.
No equipment can be leased to more than | ||||||
8 | one relocator at any time.
Equipment leases shall be filed with | ||||||
9 | the Commission. If equipment is leased
to one relocator, it | ||||||
10 | cannot thereafter be leased to another relocator until
a | ||||||
11 | written cancellation of lease is properly filed with the | ||||||
12 | Commission;
| ||||||
13 | (17) To use drivers or other personnel who are not | ||||||
14 | employees or
contractors of the relocator;
| ||||||
15 | (18) To fail to refund any amount charged in excess of the | ||||||
16 | reasonable
rates
rate established by the Commission;
| ||||||
17 | (19) To violate any other provision of this Chapter, or of | ||||||
18 | Commission
regulations or orders adopted under this Chapter.
| ||||||
19 | (Source: P.A. 88-448 .)
| ||||||
20 | (625 ILCS 5/18a-402.1 new)
| ||||||
21 | Sec. 18a-402.1. Relocator's licenses; expedited transfer | ||||||
22 | procedures. | ||||||
23 | (a) The Commission may provide for the transfer of a | ||||||
24 | license, without notice and hearing, and without the necessity | ||||||
25 | of making the findings provided for in Sections 18a-400 and | ||||||
26 | 18a-401, when the transfer is to: | ||||||
27 | (1) a member or members of the transferor's
immediate | ||||||
28 | family; | ||||||
29 | (2) a corporation, the stock of which is wholly
owned | ||||||
30 | by the transferor or members of the transferor's immediate | ||||||
31 | family or a member or members of the transferor | ||||||
32 | partnership; | ||||||
33 | (3) a member or members of a partnership of which
the | ||||||
34 | transferor is a partner; | ||||||
35 | (4) a stockholder or stockholders of the transferor
|
| |||||||
| |||||||
1 | corporation or of a corporation wholly owned by the | ||||||
2 | transferor or the transferor's immediate family; | ||||||
3 | (5) the heirs of a person who dies intestate or the
| ||||||
4 | legatees of a testator, upon order of the court having | ||||||
5 | jurisdiction; | ||||||
6 | (6) the heirs or legatees of the transferor under
the | ||||||
7 | Probate Act of 1975; | ||||||
8 | (7) a corporation, more than 50% of the stock of
which | ||||||
9 | is controlled by the stockholders of the transferor | ||||||
10 | corporation; or | ||||||
11 | (8) a corporation, all of the stock of which is
| ||||||
12 | controlled by a member or members of the immediate family | ||||||
13 | of the stockholder or stockholders of the transferor | ||||||
14 | corporation. | ||||||
15 | (b) When a transfer of a license may be accomplished on an | ||||||
16 | expedited basis without notice and hearing through 2 or more | ||||||
17 | transactions of the type described in subsection (a), and they | ||||||
18 | do, in fact, represent a single, contemporaneous transaction, | ||||||
19 | then the Commission shall allow the transfer to be made as a | ||||||
20 | single transaction in a single application. It shall, however, | ||||||
21 | be the applicants' burden to demonstrate that the applicants | ||||||
22 | are entitled to this treatment of their application by setting | ||||||
23 | forth each of the individual qualifying transactions under | ||||||
24 | subsection (a) with the same detail and specificity as if each | ||||||
25 | individual application were filed. | ||||||
26 | (c) Upon the filing of an application for expedited | ||||||
27 | transfer under this Section, the Commission shall issue to the | ||||||
28 | proposed transferee a provisional license that shall remain | ||||||
29 | valid for 90 days. During that 90 days, the Commission shall | ||||||
30 | consider, with regard to the proposed transferee, the | ||||||
31 | following: | ||||||
32 | (1) the criminal conviction records of the applicant, | ||||||
33 | its owners or controllers, directors, officers, employees | ||||||
34 | and agents; | ||||||
35 | (2) the safety record of the applicant, its owners or | ||||||
36 | controllers, directors, officers, employees and agents; |
| |||||||
| |||||||
1 | (3) the compliance record of the applicant, its owners | ||||||
2 | or controllers, directors, officers, employees and agents; | ||||||
3 | (4) the equipment, facilities, and storage lots of the | ||||||
4 | applicant; and | ||||||
5 | (5) other facts which may bear on the fitness of the | ||||||
6 | applicant, its owners or controllers, directors, officers, | ||||||
7 | employees and agents to hold a relocator's license. | ||||||
8 | (d) The Commission shall issue a new relocator's license to | ||||||
9 | the proposed transferee if the Commission determines, after | ||||||
10 | completion of the investigation described in subsection (c), | ||||||
11 | that the proposed transferee is fit, willing, and able properly | ||||||
12 | to perform the proposed service and to conform to the law and | ||||||
13 | the rules and of the Commission. The license shall be deemed a | ||||||
14 | successor license bearing all of the obligations and | ||||||
15 | responsibilities of the original licensee under this Act. | ||||||
16 | (e) The Commission shall deny the expedited transfer | ||||||
17 | application if the the Commission determines, after completion | ||||||
18 | of the investigation, that the proposed transferee is not fit, | ||||||
19 | willing, and able properly to perform as described in | ||||||
20 | subsection (d).
| ||||||
21 | (625 ILCS 5/18a-402 rep.) (from Ch. 95 1/2, par. 18a-402)
| ||||||
22 | Section 10. The Illinois Vehicle Code is amended by | ||||||
23 | repealing Section 18a-402. | ||||||
24 | Section 15. The Labor and Storage Lien (Small Amount) Act | ||||||
25 | is amended by changing Section 1 as follows:
| ||||||
26 | (770 ILCS 50/1) (from Ch. 82, par. 47a)
| ||||||
27 | Sec. 1. Every person expending labor, services, skill or | ||||||
28 | material
upon or furnishing storage for any chattel at the | ||||||
29 | request of or with the
consent of its owner, authorized agent | ||||||
30 | of the owner, or lawful possessor
thereof, in the amount of | ||||||
31 | $2,000 or less except as provided in Section 4-203 of the | ||||||
32 | Illinois Vehicle Code , shall have a lien upon such
chattel | ||||||
33 | beginning upon the date of commencement of such expenditure of
|
| |||||||
| |||||||
1 | labor, services, skill, or materials or furnishing of storage, | ||||||
2 | for the
contract price for all such expenditure of labor, | ||||||
3 | services, skill, or
material, until the possession of such | ||||||
4 | chattel is voluntarily relinquished
to such owner or authorized | ||||||
5 | agent, or to one entitled to the possession thereof.
| ||||||
6 | For the purposes of this Act, a person, other than a driver | ||||||
7 | or a person
otherwise in control of a fire, police, emergency | ||||||
8 | or public utility vehicle
on official business, consents to | ||||||
9 | removal by towing of his or her vehicle
when he or she without | ||||||
10 | authorization parks such vehicle upon private property
while | ||||||
11 | having notice that unauthorized vehicles will be towed from | ||||||
12 | such property
by the owner of such property, or agent thereof, | ||||||
13 | at the vehicle owner's
expense, where such notice is provided | ||||||
14 | pursuant to State law, local
ordinances or regulation by any | ||||||
15 | state or local agency. Such notice must
include a sign of at | ||||||
16 | least 24 inches in height by 36 inches in width posted
in a | ||||||
17 | conspicuous place in the affected area at least 4 feet from the | ||||||
18 | ground
but not more than 8 feet from the ground. Such sign | ||||||
19 | shall be either
illuminated or painted with reflective paint, | ||||||
20 | or both and shall state the
amount of towing charges to which | ||||||
21 | the person may be subjected. However,
the requirement of the | ||||||
22 | sign provided for in this section shall not apply to
| ||||||
23 | residential property which, paying due regard to the | ||||||
24 | circumstances and the
surrounding area, is clearly reserved or | ||||||
25 | intended exclusively for the use
or occupation of residents or | ||||||
26 | their vehicles.
| ||||||
27 | The lien established herein shall also apply to labor, | ||||||
28 | services, skills
or material upon or furnishing storage for | ||||||
29 | towed vehicles performed by any
relocator or any other towing | ||||||
30 | service pursuant to the order of a law
enforcement official or | ||||||
31 | agency in accordance with Sections 4-201 through
4-214 of The | ||||||
32 | Illinois Vehicle Code. The lien created herein shall be valid
| ||||||
33 | even though the towing and storage is performed without the | ||||||
34 | vehicle owner's consent.
| ||||||
35 | (Source: P.A. 85-1283.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
|