Rep. Raymond Poe
Filed: 4/12/2005
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1 | AMENDMENT TO HOUSE BILL 3581
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2 | AMENDMENT NO. ______. Amend House Bill 3581 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 4-203, 4-207, 18a-300, and 18a-501 as | ||||||
6 | follows:
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7 | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
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8 | Sec. 4-203. Removal of motor vehicles or other vehicles; | ||||||
9 | Towing or
hauling away.
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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.
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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.
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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 |
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1 | physical appearance is causing the
impeding of traffic, its | ||||||
2 | immediate removal from the highway or private
property adjacent | ||||||
3 | to the highway by a towing service may be authorized
by a law | ||||||
4 | enforcement agency having jurisdiction.
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5 | (e) Whenever a
peace officer reasonably believes that a | ||||||
6 | person under
arrest for a violation of Section 11-501 of this | ||||||
7 | Code or a similar
provision of a local ordinance is likely, | ||||||
8 | upon release, to commit a
subsequent violation of Section | ||||||
9 | 11-501, or a similar provision of a local
ordinance, the | ||||||
10 | arresting officer shall have the vehicle which the person
was | ||||||
11 | operating at the time of the arrest impounded for a period of | ||||||
12 | not more
than 12 hours after the time of arrest. However, such | ||||||
13 | vehicle may be
released by the arresting law enforcement agency | ||||||
14 | prior to the end of the
impoundment period if:
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15 | (1) the vehicle was not owned by the person under | ||||||
16 | arrest, and the lawful
owner requesting such release | ||||||
17 | possesses a valid operator's license, proof
of ownership, | ||||||
18 | and would not, as determined by the arresting law | ||||||
19 | enforcement
agency, indicate a lack of ability to operate a | ||||||
20 | motor vehicle in a safe
manner, or who would otherwise, by | ||||||
21 | operating such motor vehicle, be in
violation of this Code; | ||||||
22 | or
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23 | (2) the vehicle is owned by the person under arrest, | ||||||
24 | and the person
under arrest gives permission to another | ||||||
25 | person to operate such vehicle,
provided however, that the | ||||||
26 | other person possesses a valid operator's license
and would | ||||||
27 | not, as determined by the arresting law enforcement
agency, | ||||||
28 | indicate a lack of ability to operate a motor vehicle in a | ||||||
29 | safe
manner or who would otherwise, by operating such motor | ||||||
30 | vehicle, be in
violation of this Code.
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31 | (e-5) Whenever a registered owner of a vehicle is taken | ||||||
32 | into custody for
operating the vehicle in violation of Section | ||||||
33 | 11-501 of this Code or a similar
provision of a local ordinance | ||||||
34 | or Section 6-303 of this Code, a
law enforcement officer
may |
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1 | have the vehicle immediately impounded for a period not less | ||||||
2 | than:
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3 | (1) 24 hours for a second violation of Section 11-501 | ||||||
4 | of this Code or a
similar provision of a local ordinance or | ||||||
5 | Section 6-303
of
this Code or a combination of these | ||||||
6 | offenses; or
| ||||||
7 | (2) 48 hours for a third violation of Section 11-501 of | ||||||
8 | this Code or a
similar provision of a local ordinance or | ||||||
9 | Section 6-303 of this
Code or a combination of these | ||||||
10 | offenses.
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11 | The vehicle may be released sooner if the vehicle is owned | ||||||
12 | by the person
under arrest and the person under arrest gives | ||||||
13 | permission to another person to
operate the vehicle and that | ||||||
14 | other person possesses a valid operator's license
and would | ||||||
15 | not, as determined by the arresting law enforcement agency, | ||||||
16 | indicate
a lack of ability to operate a motor vehicle in a safe | ||||||
17 | manner or would
otherwise, by operating the motor vehicle, be | ||||||
18 | in violation of this Code.
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19 | (f) Except as provided in Chapter 18a of this Code, the | ||||||
20 | owner or
lessor of privately owned real property within this | ||||||
21 | State, or any person
authorized by such owner or lessor, or any | ||||||
22 | law enforcement agency in the
case of publicly owned real | ||||||
23 | property may cause any motor vehicle abandoned
or left | ||||||
24 | unattended upon such property without permission to be removed | ||||||
25 | by a
towing service without liability for the costs of removal, | ||||||
26 | transportation
or storage or damage caused by such removal, | ||||||
27 | transportation or storage.
The towing or removal of any vehicle | ||||||
28 | from private property without the
consent of the registered | ||||||
29 | owner or other legally authorized person in
control of the | ||||||
30 | vehicle is subject to compliance with the following
conditions | ||||||
31 | and restrictions:
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32 | 1. Any towed or removed vehicle must be stored at the | ||||||
33 | site of the towing
service's place of business. The site | ||||||
34 | must be open during business hours,
and for the purpose of |
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1 | redemption of vehicles, during the time that the
person or | ||||||
2 | firm towing such vehicle is open for towing purposes.
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3 | 2. The towing service shall within 30 minutes of | ||||||
4 | completion of such
towing or removal, notify the law | ||||||
5 | enforcement agency having jurisdiction of
such towing or | ||||||
6 | removal, and the make, model, color and license plate | ||||||
7 | number
of the vehicle, and shall obtain and record the name | ||||||
8 | of the person at the law
enforcement agency to whom such | ||||||
9 | information was reported.
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10 | 3. If the registered owner or legally authorized person | ||||||
11 | entitled to
possession of the vehicle shall arrive at the | ||||||
12 | scene prior to actual removal
or towing of the vehicle, the | ||||||
13 | vehicle shall be disconnected from the tow
truck and that | ||||||
14 | person shall be allowed to remove the vehicle without
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15 | interference, upon the payment of a reasonable service fee | ||||||
16 | of not more than
one half the posted rate of the towing | ||||||
17 | service as provided in paragraph
6 of this subsection, for | ||||||
18 | which a receipt shall be given.
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19 | 4. The rebate or payment of money or any other valuable | ||||||
20 | consideration
from the towing service or its owners, | ||||||
21 | managers or employees to the owners
or operators of the | ||||||
22 | premises from which the vehicles are towed or removed,
for | ||||||
23 | the privilege of removing or towing those vehicles, is | ||||||
24 | prohibited. Any
individual who violates this paragraph | ||||||
25 | shall be guilty of a Class A
misdemeanor.
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26 | 5. Except for property appurtenant to and obviously a | ||||||
27 | part of a single
family residence, and except for instances | ||||||
28 | where notice is personally given
to the owner or other | ||||||
29 | legally authorized person in control of the vehicle
that | ||||||
30 | the area in which that vehicle is parked is reserved or | ||||||
31 | otherwise
unavailable to unauthorized vehicles and they | ||||||
32 | are subject to being removed
at the owner or operator's | ||||||
33 | expense, any property owner or lessor, prior to
towing or | ||||||
34 | removing any vehicle from private property without the |
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1 | consent of
the owner or other legally authorized person in | ||||||
2 | control of that vehicle,
must post a notice meeting the | ||||||
3 | following requirements:
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4 | a. The notice must be prominently placed at each | ||||||
5 | driveway access or curb
cut allowing vehicular access | ||||||
6 | to the property within 5 feet from the public
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7 | right-of-way line. If there are no curbs or access | ||||||
8 | barriers, the sign must
be posted not less than one | ||||||
9 | sign each 100 feet of lot frontage.
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10 | b. The notice must indicate clearly, in not less | ||||||
11 | than 2 inch high
light-reflective letters on a | ||||||
12 | contrasting background, that unauthorized
vehicles | ||||||
13 | will be towed away at the owner's expense.
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14 | c. The notice must also provide the name and | ||||||
15 | current telephone
number of the towing service towing | ||||||
16 | or removing the vehicle.
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17 | d. The sign structure containing the required | ||||||
18 | notices must be
permanently installed with the bottom | ||||||
19 | of the sign not less than 4 feet
above ground level, | ||||||
20 | and must be continuously maintained on the property for
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21 | not less than 24 hours prior to the towing or removing | ||||||
22 | of any vehicle.
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23 | 6. Any towing service that tows or removes vehicles and | ||||||
24 | proposes to
require the owner, operator, or person in | ||||||
25 | control of the vehicle to pay the
costs of towing and | ||||||
26 | storage prior to redemption of the vehicle must file
and | ||||||
27 | keep on record with the local law enforcement agency a | ||||||
28 | complete copy of
the current rates to be charged for such | ||||||
29 | services, and post at the storage
site an identical rate | ||||||
30 | schedule and any written contracts with property
owners, | ||||||
31 | lessors, or persons in control of property which authorize | ||||||
32 | them to
remove vehicles as provided in this Section.
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33 | 7. No person shall engage in the removal of vehicles | ||||||
34 | from private
property as described in this Section without |
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1 | filing a notice of intent
in each community where he | ||||||
2 | intends to do such removal, and such
notice shall be filed | ||||||
3 | at least 7 days before commencing such towing.
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4 | 8. No removal of a vehicle from private property shall | ||||||
5 | be done except
upon express written instructions of the | ||||||
6 | owners or persons in charge of the
private property upon | ||||||
7 | which the vehicle is said to be trespassing.
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8 | 9. Vehicle entry for the purpose of removal shall be | ||||||
9 | allowed with
reasonable care on the part of the person or | ||||||
10 | firm towing the vehicle. Such
person or firm shall be | ||||||
11 | liable for any damages occasioned to the vehicle if
such | ||||||
12 | entry is not in accordance with the standards of reasonable | ||||||
13 | care.
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14 | 10. When a vehicle has been towed or removed pursuant | ||||||
15 | to this Section,
it must be released to its owner or | ||||||
16 | custodian within one half hour after
requested, if such | ||||||
17 | request is made during business hours. Any vehicle owner
or | ||||||
18 | custodian or agent shall have the right to inspect the | ||||||
19 | vehicle before
accepting its return, and no release or | ||||||
20 | waiver of any kind which would
release the towing service | ||||||
21 | from liability for damages incurred during the
towing and | ||||||
22 | storage may be required from any vehicle owner or other | ||||||
23 | legally
authorized person as a condition of release of the | ||||||
24 | vehicle. A detailed,
signed receipt showing the legal name | ||||||
25 | of the towing service must be given
to the person paying | ||||||
26 | towing or storage charges at the time of payment,
whether | ||||||
27 | requested or not.
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28 | This Section shall not apply to law enforcement, | ||||||
29 | firefighting, rescue,
ambulance, or other emergency vehicles | ||||||
30 | which are marked as such or to
property owned by any | ||||||
31 | governmental entity.
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32 | When an authorized person improperly causes a motor vehicle | ||||||
33 | to be
removed, such person shall be liable to the owner or | ||||||
34 | lessee of the vehicle
for the cost or removal, transportation |
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1 | and storage, any damages resulting
from the removal, | ||||||
2 | transportation and storage, attorney's fee and court costs.
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3 | Any towing or storage charges accrued shall be payable by | ||||||
4 | the use of any
major credit card, in addition to being payable | ||||||
5 | in cash.
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6 | 11. Towing companies shall also provide insurance | ||||||
7 | coverage for areas
where vehicles towed under the | ||||||
8 | provisions of this Chapter will be impounded
or otherwise | ||||||
9 | stored, and shall adequately cover loss by fire, theft or
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10 | other risks.
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11 | Any person who fails to comply with the conditions and | ||||||
12 | restrictions of
this subsection shall be guilty of a Class C | ||||||
13 | misdemeanor and shall be fined
not less than $100 nor more than | ||||||
14 | $500.
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15 | (g) When a vehicle is determined to be a hazardous | ||||||
16 | dilapidated motor
vehicle pursuant to Section 11-40-3.1 of the | ||||||
17 | Illinois Municipal Code, its
removal and impoundment by a | ||||||
18 | towing service may be authorized by a law
enforcement agency | ||||||
19 | with appropriate jurisdiction.
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20 | When a vehicle removal from either public or private | ||||||
21 | property is
authorized by a law enforcement agency, the owner | ||||||
22 | of the vehicle shall be
responsible for all towing and storage | ||||||
23 | charges.
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24 | Vehicles removed from public or private property and
stored | ||||||
25 | by a commercial vehicle relocator or any other towing service | ||||||
26 | in
compliance with this Section and Sections 4-201 and 4-202
of | ||||||
27 | this Code, shall be subject to the statutory
a possessor lien | ||||||
28 | for services
pursuant to the Labor and Storage Lien (Small | ||||||
29 | Amount) Act
"An Act concerning liens for labor, services, skill | ||||||
30 | or materials
furnished upon or storage furnished for chattels", | ||||||
31 | filed July 24, 1941,
as amended , and , subject to subsection (b) | ||||||
32 | of Section 18a-501 of this Code, the provisions of Section 1 of | ||||||
33 | that Act relating to notice
and implied consent shall be deemed | ||||||
34 | satisfied by compliance with Section
18a-302 and subsection |
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1 | (10)
(6) of Section 18a-300. In no event shall such lien
be | ||||||
2 | greater than the rate or rates established in accordance with | ||||||
3 | subsection
(6) of Section 18a-200 of this Code. In no event | ||||||
4 | shall such lien be
increased or altered to reflect any charge | ||||||
5 | for services or materials
rendered in addition to those | ||||||
6 | authorized by this Act. Every such lien
shall be payable by use | ||||||
7 | of any major credit card, in addition to being
payable in cash.
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8 | (Source: P.A. 90-738, eff. 1-1-99.)
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9 | (625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
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10 | Sec. 4-207. Reclaimed vehicles; expenses.
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11 | (a) Any time before a vehicle is sold at public sale or | ||||||
12 | disposed of as
provided in Section 4-208, the owner, lienholder | ||||||
13 | or other person legally
entitled to its possession may reclaim | ||||||
14 | the vehicle by presenting
to the law enforcement agency having | ||||||
15 | custody of the vehicle proof of ownership
or proof of the right | ||||||
16 | to possession of the vehicle.
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17 | (b) No vehicle shall be released to the owner, lienholder, | ||||||
18 | or other person
under this Section until all towing, storage, | ||||||
19 | and processing charges have been
paid , as authorized by Section | ||||||
20 | 18a-501 of this Code .
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21 | (Source: P.A. 89-433, eff. 12-15-95.)
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22 | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
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23 | Sec. 18a-300. Commercial vehicle relocators - Unlawful | ||||||
24 | practices. It
shall be unlawful for any commercial vehicle | ||||||
25 | relocator:
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26 | (1) To operate in any county in which this Chapter is | ||||||
27 | applicable
without a valid, current relocator's license as | ||||||
28 | provided in Article IV
of this Chapter;
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29 | (2) To employ as an operator, or otherwise so use the | ||||||
30 | services of,
any person who does not have at the commencement | ||||||
31 | of employment or
service, or at any time during the course of | ||||||
32 | employment or service, a
valid, current operator's employment |
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1 | permit, or temporary operator's
employment permit issued in | ||||||
2 | accordance with Sections 18a-403 or 18a-405
of this Chapter; or | ||||||
3 | to fail to notify the Commission, in writing, of any
known | ||||||
4 | criminal conviction of any employee occurring at any time | ||||||
5 | before
or during the course of employment or service;
| ||||||
6 | (3) To employ as a dispatcher, or otherwise so use the | ||||||
7 | services of, any
person who does not have at the commencement | ||||||
8 | of employment or service, or
at any time during the course of | ||||||
9 | employment or service, a valid, current
dispatcher's or | ||||||
10 | operator's employment permit or temporary dispatcher's or
| ||||||
11 | operator's employment permit issued in accordance with | ||||||
12 | Sections 18a-403 or
18a-407 of this Chapter; or to fail to | ||||||
13 | notify the Commission, in writing,
of any known criminal | ||||||
14 | conviction of any employee occurring at any time
before or | ||||||
15 | during the course of employment or service;
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16 | (4) To operate upon the highways of this State any vehicle | ||||||
17 | used in
connection with any commercial vehicle relocation | ||||||
18 | service unless:
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19 | (A) There is painted or firmly affixed to the vehicle | ||||||
20 | on both sides of the
vehicle in a color or colors vividly | ||||||
21 | contrasting to the color of the vehicle
the name, address | ||||||
22 | and telephone number of the relocator.
The Commission shall | ||||||
23 | prescribe reasonable rules and regulations
pertaining to | ||||||
24 | insignia to be painted or firmly affixed to vehicles and
| ||||||
25 | shall waive the requirements of the address on any vehicle | ||||||
26 | in cases
where the operator of a vehicle has painted or | ||||||
27 | otherwise firmly affixed
to the vehicle a seal or trade | ||||||
28 | mark that clearly identifies the
operator of the vehicle; | ||||||
29 | and
| ||||||
30 | (B) There is carried in the power unit of the vehicle a | ||||||
31 | certified
copy of the currently effective relocator's | ||||||
32 | license and operator's
employment permit. Copies may be | ||||||
33 | photographed, photocopied, or reproduced
or printed by any | ||||||
34 | other legible and durable process. Any person guilty of
not |
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1 | causing to be displayed a copy of his relocator's license | ||||||
2 | and
operator's employment permit may in any hearing | ||||||
3 | concerning the violation
be excused from the payment of the | ||||||
4 | penalty hereinafter provided upon a
showing that the | ||||||
5 | license was issued by the Commission, but was
subsequently | ||||||
6 | lost or destroyed;
| ||||||
7 | (5) To operate upon the highways of this State any vehicle | ||||||
8 | used in
connection with any commercial vehicle relocation | ||||||
9 | service that bears the
name or address and telephone number of | ||||||
10 | any person or entity other than
the relocator by which it is | ||||||
11 | owned or to which it is leased;
| ||||||
12 | (6) To advertise in any newspaper, book, list, classified | ||||||
13 | directory
or other publication unless there is contained in the | ||||||
14 | advertisement the
license number of the relocator;
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15 | (7) To remove any vehicle from private property without | ||||||
16 | having first
obtained the written authorization of the property | ||||||
17 | owner or other person
in lawful possession or control of the | ||||||
18 | property, his authorized agent,
or an authorized law | ||||||
19 | enforcement officer. The authorization may be on
a contractual | ||||||
20 | basis covering a period of time or limited to a specific
| ||||||
21 | removal;
| ||||||
22 | (8) To charge the private property owner, who requested | ||||||
23 | that an
unauthorized vehicle be removed from his property, with | ||||||
24 | the costs of
removing the vehicle contrary to any terms that | ||||||
25 | may be a part of the
contract between the property owner and | ||||||
26 | the commercial relocator.
Nothing in this paragraph shall | ||||||
27 | prevent a relocator from assessing,
collecting, or receiving | ||||||
28 | from the property owner, lessee, or their agents
any fee | ||||||
29 | prescribed by the Commission;
| ||||||
30 | (9) To remove a vehicle when the owner or operator of the | ||||||
31 | vehicle
is present or arrives at the vehicle location at any | ||||||
32 | time prior to the
completion of removal, and is willing and | ||||||
33 | able to remove the vehicle
immediately;
| ||||||
34 | (10) To remove any vehicle from property on which signs are |
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1 | required
and on which there are not posted appropriate signs | ||||||
2 | under Section
18a-302;
| ||||||
3 | (11) To fail to notify law enforcement authorities in the
| ||||||
4 | jurisdiction in which the trespassing vehicle was removed | ||||||
5 | within one
hour of the removal. Notification shall include a | ||||||
6 | complete description
of the vehicle, registration numbers if | ||||||
7 | possible, the locations from
which and to which the vehicle was | ||||||
8 | removed, the time of removal, and any
other information | ||||||
9 | required by regulation, statute or ordinance;
| ||||||
10 | (12) To impose any charge other than in accordance with the | ||||||
11 | rates set by the
Commission as provided in paragraph (6) of | ||||||
12 | Section 18a-200 of this Chapter;
| ||||||
13 | (12.1) To impose any charge other than in accordance with | ||||||
14 | subsection (b) of Section 18a-501 of this Chapter;
| ||||||
15 | (13) To fail, in the office or location at which relocated | ||||||
16 | vehicles
are routinely returned to their owners, to prominently | ||||||
17 | post the name,
address and telephone number of the nearest | ||||||
18 | office of the Commission to
which inquiries or complaints may | ||||||
19 | be sent;
| ||||||
20 | (13.1) To fail to distribute to each owner or operator of a | ||||||
21 | relocated
vehicle, in written form as prescribed by Commission | ||||||
22 | rule or regulation, the
relevant statutes, regulations and | ||||||
23 | ordinances governing commercial vehicle
relocators, including, | ||||||
24 | in at least 12 point boldface type, the name, address
and | ||||||
25 | telephone number of the nearest office of the Commission to | ||||||
26 | which inquiries
or complaints may be sent;
| ||||||
27 | (14) To remove any vehicle, otherwise in accordance with | ||||||
28 | this Chapter,
more than 15 air miles from its location when | ||||||
29 | towed from a location in an
unincorporated area of a county or | ||||||
30 | more than 10 air miles from its location
when towed from any | ||||||
31 | other location;
| ||||||
32 | (15) To fail to make a telephone number available to the | ||||||
33 | police department
of any municipality in which a relocator | ||||||
34 | operates at which the relocator
or an employee of the relocator |
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| |||||||
1 | may be contacted at any time during the
hours in which the | ||||||
2 | relocator is engaged in the towing of vehicles, or
advertised | ||||||
3 | as engaged in the towing of vehicles, for the purpose of
| ||||||
4 | effectuating the release of a towed vehicle; or to fail to | ||||||
5 | include the
telephone number in any advertisement of the | ||||||
6 | relocator's services published
or otherwise appearing on or | ||||||
7 | after the effective date of this amendatory
Act; or to fail to | ||||||
8 | have an employee available at any time on the
premises owned or | ||||||
9 | controlled by the relocator for the purposes of arranging
for | ||||||
10 | the immediate release of the vehicle.
| ||||||
11 | Apart from any other penalty or liability authorized under | ||||||
12 | this Act, if
after a reasonable effort, the owner of the | ||||||
13 | vehicle is unable to make telephone
contact with the relocator | ||||||
14 | for a period of one hour from his initial attempt
during any | ||||||
15 | time period in which the relocator is required to respond at
| ||||||
16 | the number, all fees for towing, storage, or otherwise are to | ||||||
17 | be waived. Proof
of 3 attempted phone calls to the number | ||||||
18 | provided to the police department
by an officer or employee of | ||||||
19 | the department on behalf of the vehicle owner
within the space | ||||||
20 | of one hour, at least 2 of which are separated by 45 minutes,
| ||||||
21 | shall be deemed sufficient proof of the owner's reasonable | ||||||
22 | effort to make
contact with the vehicle relocator. Failure of | ||||||
23 | the relocator to respond to
the phone calls is not a criminal | ||||||
24 | violation of this Chapter;
| ||||||
25 | (16) To use equipment which the relocator does not own, | ||||||
26 | except in
compliance with Section 18a-306 of this Chapter and | ||||||
27 | Commission regulations.
No equipment can be leased to more than | ||||||
28 | one relocator at any time.
Equipment leases shall be filed with | ||||||
29 | the Commission. If equipment is leased
to one relocator, it | ||||||
30 | cannot thereafter be leased to another relocator until
a | ||||||
31 | written cancellation of lease is properly filed with the | ||||||
32 | Commission;
| ||||||
33 | (17) To use drivers or other personnel who are not | ||||||
34 | employees or
contractors of the relocator;
|
| |||||||
| |||||||
1 | (18) To fail to refund any amount charged in excess of the | ||||||
2 | reasonable
rate established by the Commission;
| ||||||
3 | (19) To violate any other provision of this Chapter, or of | ||||||
4 | Commission
regulations or orders adopted under this Chapter.
| ||||||
5 | (Source: P.A. 88-448 .)
| ||||||
6 | (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
| ||||||
7 | Sec. 18a-501. Liens against relocated vehicles. | ||||||
8 | (a) Subject to subsection (b), unauthorized
Unauthorized
| ||||||
9 | vehicles
removed and stored by a commercial vehicle relocator | ||||||
10 | in compliance with
this Chapter shall be subject to the | ||||||
11 | statutory
a possessory lien for services
pursuant to the Labor | ||||||
12 | and Storage Lien (Small Amount) Act, and the provisions of
| ||||||
13 | Section 1 of that Act relating to notice and implied consent | ||||||
14 | shall be deemed
satisfied by compliance with Section 18a-302 | ||||||
15 | and item (10)
of Section 18a-300. In no event shall such lien | ||||||
16 | be greater than the rate
or rates established in accordance | ||||||
17 | with item (6) of Section 18a-200. In no event
shall such lien | ||||||
18 | be increased or altered to reflect any charge for services
or | ||||||
19 | materials rendered in addition to those authorized by this Act. | ||||||
20 | Every
such lien shall be payable by use of any major credit | ||||||
21 | card, in addition
to being payable in cash. Upon receipt of a | ||||||
22 | properly signed credit card
receipt, a relocator shall become a | ||||||
23 | holder in due course, and neither the
holder of the credit card | ||||||
24 | nor the company which issued the credit card may
thereafter | ||||||
25 | refuse to remit payment in the amount shown on the credit card
| ||||||
26 | receipt minus the ordinary charge assessed by the credit card | ||||||
27 | company for
processing the charge. The Commission may adopt | ||||||
28 | regulations governing
acceptance of credit cards by a | ||||||
29 | relocator.
| ||||||
30 | (b) Except as otherwise provided in this subsection (b), | ||||||
31 | the relocator or possessor of any relocated vehicle must, | ||||||
32 | within 10 days of taking possession of the vehicle, notify the | ||||||
33 | registered owner and any lienholders of the vehicle, as |
| |||||||
| |||||||
1 | disclosed by the vehicle registration records of the Illinois | ||||||
2 | Secretary of State, by first class and certified mail, return | ||||||
3 | receipt requested, that the vehicle has been relocated. If the | ||||||
4 | Secretary of State does not provide to the relocator or | ||||||
5 | possessor of the relocated vehicle the name and address of the | ||||||
6 | registered owner and any lienholders of the vehicle within 10 | ||||||
7 | days after the relocator or possessor took possession of the | ||||||
8 | vehicle, however, the required notice must be sent no later | ||||||
9 | than 3 business days after owner and lienholder information has | ||||||
10 | been furnished to the relocator or possessor of the relocated | ||||||
11 | vehicle. The notice shall disclose the date of relocation, the | ||||||
12 | address where the vehicle is located, and an itemization of all | ||||||
13 | authorized charges claimed. If the required notice is not | ||||||
14 | provided within the period provided for in this subsection (b), | ||||||
15 | the lien of the relocator or possessor of the vehicle shall not | ||||||
16 | exceed the vehicle storage charges for 10 days, or for the | ||||||
17 | period ending 3 business days after the Secretary of State | ||||||
18 | furnished owner and lienholder information to the relocator or | ||||||
19 | possessor of the vehicle. If notice is given within the time | ||||||
20 | period provided for in this subsection (b), the relocator or | ||||||
21 | possessor of the vehicle is entitled to a lien on the vehicle | ||||||
22 | for storage charges for the number of days the vehicle was | ||||||
23 | stored. The lien of the relocator or possessor of the vehicle | ||||||
24 | also may include the costs of a title search necessary to | ||||||
25 | identify the registered owner and lienholder, in amounts | ||||||
26 | prescribed by the Secretary of State under Section 3-821.1 of | ||||||
27 | this Code. A lienholder, or its authorized representative may, | ||||||
28 | during normal business hours and on reasonable prior notice to | ||||||
29 | the relocator or possessor of the vehicle, make one reasonable | ||||||
30 | inspection and examination of the vehicle without charge or | ||||||
31 | cost. At any time before the vehicle is disposed of as provided | ||||||
32 | by law, the registered owner or lienholder legally entitled to | ||||||
33 | its possession may reclaim the vehicle by presenting proof of | ||||||
34 | ownership or of the right to possession of the vehicle and by |
| |||||||
| |||||||
1 | payment of all towing and storage charges authorized by law. | ||||||
2 | This subsection (b) does not apply to the relocation or | ||||||
3 | possession of any vehicle relocated before January 1, 2006.
| ||||||
4 | (Source: P.A. 91-357, eff. 7-29-99.)
| ||||||
5 | Section 10. The Automotive Repair Act is amended by | ||||||
6 | changing Section 70 and adding Section 71 as follows:
| ||||||
7 | (815 ILCS 306/70)
| ||||||
8 | Sec. 70. Removal of vehicle from facility. Upon reasonable | ||||||
9 | notice and
during the motor vehicle repair facility's business | ||||||
10 | hours, a consumer , the lienholder, or another legally entitled | ||||||
11 | person may
remove a vehicle from a motor vehicle repair | ||||||
12 | facility upon paying for the
following:
| ||||||
13 | (1) Labor actually performed.
| ||||||
14 | (2) Parts actually installed.
| ||||||
15 | (3) Parts ordered specifically for the consumer's car | ||||||
16 | if the order is not
cancelable or the parts are not | ||||||
17 | returnable for cash or credit.
| ||||||
18 | (4) Storage charges imposed in accordance with the | ||||||
19 | schedule of charges if
disclosed to consumers prior to | ||||||
20 | repairs and in accordance with Section 61 of this Act .
| ||||||
21 | (5) The costs of a title search necessary to identify | ||||||
22 | the registered owner and lienholder, in amounts prescribed | ||||||
23 | by the Secretary of State under Section 3-821.1 of this | ||||||
24 | Code.
| ||||||
25 | (Source: P.A. 90-426, eff. 1-1-98.)
| ||||||
26 | (815 ILCS 306/71 new)
| ||||||
27 | Sec. 71. Notice to registered owner, lienholder, or other | ||||||
28 | legally entitled persons. | ||||||
29 | (a) If the consumer fails to remove the vehicle within 15 | ||||||
30 | days of being notified that automotive repair is complete, the | ||||||
31 | automotive repair facility shall send a request for owner and |
| |||||||
| |||||||
1 | lienholder information to the Illinois Secretary of State, as | ||||||
2 | provided in paragraph (b) of this Section. Within 3 business | ||||||
3 | days of receipt of owner and lienholder information from the | ||||||
4 | Secretary of State, the automotive repair facility shall send a | ||||||
5 | notification by certified mail to the registered owner, the | ||||||
6 | lienholder, and any other legally entitled persons advising | ||||||
7 | where the vehicle is held and detailing all charges claimed to | ||||||
8 | be due. Upon request of the registered owner, lienholder, or | ||||||
9 | other legally entitled person, the automotive repair facility | ||||||
10 | shall, without charge, provide copies of all documentation of | ||||||
11 | the repairs and authorization for the repairs. A lienholder or | ||||||
12 | its authorized representative may, during normal business | ||||||
13 | hours and on reasonable prior notice to the automotive repair | ||||||
14 | facility in possession of the vehicle, make one reasonable | ||||||
15 | inspection and examination of the vehicle without charge or | ||||||
16 | cost. | ||||||
17 | (b) When ownership or lienholder information is needed for | ||||||
18 | an automotive repair facility to give notification as required | ||||||
19 | under this Code, the automotive repair facility shall cause the | ||||||
20 | vehicle registration records of the State of Illinois to be | ||||||
21 | searched by the Secretary of State. | ||||||
22 | The written request of an automotive repair facility, in | ||||||
23 | the form and containing the information prescribed by the | ||||||
24 | Secretary of State by rule, may be transmitted to the Secretary | ||||||
25 | of State in person, by U.S. mail or other delivery service, by | ||||||
26 | facsimile transmission, or by other means the Secretary of | ||||||
27 | State deems acceptable. | ||||||
28 | The Secretary of State shall provide the required | ||||||
29 | information, or a statement that the information was not found | ||||||
30 | in the vehicle registration records of the State, by U.S. mail | ||||||
31 | or other delivery service, facsimile transmission, as | ||||||
32 | requested by the automotive repair facility, or by other means | ||||||
33 | acceptable to the Secretary of State. | ||||||
34 | (c) The Secretary of State may adopt rules for submission |
| |||||||
| |||||||
1 | of requests for record searches and replies via computer link. | ||||||
2 | (d) Fees for services provided under this Section shall be | ||||||
3 | in amounts prescribed by the Secretary of State under Section | ||||||
4 | 3-821.1 of the Illinois Vehicle Code. Payment may be made by | ||||||
5 | the automotive repair facility using cash, any commonly | ||||||
6 | accepted credit card, or any other means of payment deemed | ||||||
7 | acceptable by the Secretary of State. | ||||||
8 | (e) Failure to provide the notice required by this Section | ||||||
9 | shall not result in a barring of any lien for actual parts or | ||||||
10 | labor expended that were otherwise properly authorized under | ||||||
11 | this Act. After failing to provide the required notice, | ||||||
12 | however, the automotive repair facility may not claim any | ||||||
13 | additional charges, including but not limited to storage or | ||||||
14 | holding charges related to any delay in the removal of the | ||||||
15 | vehicle, other than those storage or holding charges imposed in | ||||||
16 | the first 15 days.
| ||||||
17 | Section 15. The Automotive Collision Repair Act is amended | ||||||
18 | by changing Section 60 and adding Section 61 as follows:
| ||||||
19 | (815 ILCS 308/60)
| ||||||
20 | Sec. 60. Removal of motor vehicle from facility. Upon | ||||||
21 | reasonable notice
and
during the
collision repair facility's | ||||||
22 | business hours, a consumer , the lienholder, or another legally | ||||||
23 | entitled person may remove a motor
vehicle
from a collision
| ||||||
24 | repair facility upon paying for the following:
| ||||||
25 | (1) Labor actually performed.
| ||||||
26 | (2) Parts actually installed.
| ||||||
27 | (3) Parts ordered specifically for the consumer's car | ||||||
28 | if the order is not
cancelable or the parts
are not | ||||||
29 | returnable for cash or credit.
| ||||||
30 | (4) Storage and administrative charges imposed in | ||||||
31 | accordance with the
schedule of charges
if posted on a sign | ||||||
32 | within the shop or otherwise disclosed to consumers prior
|
| |||||||
| |||||||
1 | to repairs and in accordance with Section 61 of this Act .
| ||||||
2 | (5) The costs of a title search necessary to identify | ||||||
3 | the registered owner and lienholder, in amounts prescribed | ||||||
4 | by the Secretary of State under Section 3-821.1 of this | ||||||
5 | Code.
| ||||||
6 | (Source: P.A. 93-565, eff. 1-1-04.)
| ||||||
7 | (815 ILCS 308/61 new) | ||||||
8 | Sec. 61. Notice to registered owner, lienholder, or other | ||||||
9 | legally entitled persons. | ||||||
10 | (a) If the consumer fails to remove the vehicle within 15 | ||||||
11 | days of being notified that automotive collision and body | ||||||
12 | repair is complete, the automotive collision and body repair | ||||||
13 | facility shall send a request for owner and lienholder | ||||||
14 | information to the Illinois Secretary of State, as provided in | ||||||
15 | paragraph (b) of this Section. Within 3 business days of | ||||||
16 | receipt of owner and lienholder information from the Secretary | ||||||
17 | of State, the automotive repair facility shall send | ||||||
18 | notification by certified mail to the registered owner, the | ||||||
19 | lienholder, and other legally entitled persons, advising where | ||||||
20 | the vehicle is held and detailing all charges claimed to be | ||||||
21 | due. Upon request of the registered owner, lienholder, or other | ||||||
22 | legally entitled person, the automotive repair facility shall, | ||||||
23 | without charge, provide copies of all documentation of the | ||||||
24 | repairs and authorization for the repairs. A lienholder or its | ||||||
25 | authorized representative may, during normal business hours | ||||||
26 | and on reasonable prior notice to the automotive collision and | ||||||
27 | body repair facility in possession of the vehicle, make one | ||||||
28 | reasonable inspection and examination of the vehicle without | ||||||
29 | charge or cost. | ||||||
30 | (b) If ownership or lienholder information is needed for an | ||||||
31 | automotive collision and body repair facility to give | ||||||
32 | notification as required under this Code, the automotive | ||||||
33 | collision and body repair facility shall cause the vehicle |
| |||||||
| |||||||
1 | registration records of the State of Illinois to be searched by | ||||||
2 | the Secretary of State. | ||||||
3 | The written request of an automotive collision and body | ||||||
4 | repair facility, in the form and containing the information | ||||||
5 | prescribed by the Secretary of State by rule, may be | ||||||
6 | transmitted to the Secretary of State in person, by U.S. mail | ||||||
7 | or other delivery service, by facsimile transmission, or by | ||||||
8 | other means the Secretary of State deems acceptable. | ||||||
9 | The Secretary of State shall provide the required | ||||||
10 | information, or a statement that the information was not found | ||||||
11 | in the vehicle registration records of the State, by U.S. mail | ||||||
12 | or other delivery service or by facsimile transmission, as | ||||||
13 | requested by the Automotive collision and body repair facility, | ||||||
14 | or by other means acceptable to the Secretary of State. | ||||||
15 | (c) The Secretary of State shall adopt rules for submission | ||||||
16 | of requests for record searches and replies via computer link. | ||||||
17 | (d) Fees for services provided under this Section shall be | ||||||
18 | in amounts prescribed by the Secretary of State under Section | ||||||
19 | 3-821.1 of the Illinois Vehicle Code. Payment may be made by | ||||||
20 | the automotive collision and body repair facility using cash, | ||||||
21 | any commonly accepted credit card, or any other means of | ||||||
22 | payment deemed acceptable by the Secretary of State. | ||||||
23 | (e) Failure to provide the notice required by this Section | ||||||
24 | shall not result in a barring of any lien for actual parts or | ||||||
25 | labor expended that were otherwise properly authorized | ||||||
26 | pursuant to this Act. After failing to provide the required | ||||||
27 | notice, however, the automotive collision and body repair | ||||||
28 | facility may not claim any additional charges, including but | ||||||
29 | not limited to storage or holding charges related to any delay | ||||||
30 | in the removal of the vehicle, other than those storage or | ||||||
31 | holding charges imposed in the first 15 days.
| ||||||
32 | Section 99. Effective date. This Act takes effect January | ||||||
33 | 1, 2006.".
|