Rep. Marlow H. Colvin
Filed: 5/29/2008
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1 | AMENDMENT TO HOUSE BILL 4354
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2 | AMENDMENT NO. ______. Amend House Bill 4354, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Toll Bridge Act is amended by changing | ||||||
6 | Section 13 as follows:
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7 | (605 ILCS 115/13) (from Ch. 137, par. 13)
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8 | Sec. 13. (a) Any person who intentionally breaks any | ||||||
9 | mechanical or electronic toll collection device of a toll | ||||||
10 | bridge operator or any appurtenance thereto is guilty of a | ||||||
11 | Class 4 felony. | ||||||
12 | (b) Any person who operates a vehicle through a toll gate | ||||||
13 | or other area of a toll bridge where a toll or charge is due | ||||||
14 | without paying the amount due shall be guilty of a petty | ||||||
15 | offense with a maximum penalty not to exceed $500. Whenever a | ||||||
16 | vehicle is used in violation of this subsection (b), both the |
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1 | driver and the registered owner of the vehicle shall be jointly | ||||||
2 | and severally liable to the operator for the toll. | ||||||
3 | (c) An operator may use photographic and technological | ||||||
4 | devices to aid in the collection of tolls and enforcement of | ||||||
5 | toll violations. An operator may contract with a county or | ||||||
6 | municipality to provide assistance in the implementation of an | ||||||
7 | automated toll violation enforcement system as described in | ||||||
8 | Section 11-208.7 of the Illinois Vehicle Code. | ||||||
9 | (d) An operator may assess administrative fees and costs | ||||||
10 | not to exceed a total of $200 against the registered owner of a | ||||||
11 | vehicle that is used in a violation of subsection (b), | ||||||
12 | regardless of whether the driver of the vehicle has been | ||||||
13 | convicted of that offense, whenever the owner fails to pay a | ||||||
14 | toll in a timely manner after receiving notice that the toll is | ||||||
15 | owed. | ||||||
16 | (e) As used in this Section: | ||||||
17 | "Toll bridge" includes any toll bridge constructed under | ||||||
18 | this Act, under Section 11-108-1 of the Illinois Municipal | ||||||
19 | Code, or under any other law. | ||||||
20 | "Operator" means any entity, public or private, authorized | ||||||
21 | to collect tolls on a toll bridge. | ||||||
22 | Every person who shall willfully break, throw, draw or injure | ||||||
23 | any
gate
erected on any toll bridge, or shall forcibly or | ||||||
24 | fraudulently pass over any
such bridge without having first | ||||||
25 | paid or tendered the legal toll, shall be
deemed guilty of a | ||||||
26 | petty offense, and upon conviction
shall be fined, in addition |
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1 | to the damage resulting from such wrongful act,
in any sum not | ||||||
2 | exceeding ten dollars.
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3 | (Source: P.A. 89-657, eff. 8-14-96)
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4 | Section 10. The Illinois Vehicle Code is amended by | ||||||
5 | changing Sections 6-306.5, 11-208, and 11-208.3 and by adding | ||||||
6 | Sections 1-105.1 and 11-208.7 as follows: | ||||||
7 | (625 ILCS 5/1-105.1 new) | ||||||
8 | Sec. 1-105.1. Automated toll violation. A violation | ||||||
9 | described in Section 11-208.7 of this Code.
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10 | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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11 | Sec. 6-306.5. Failure to pay fine or penalty for standing, | ||||||
12 | parking,
compliance, or automated traffic law or automated toll | ||||||
13 | violations; suspension of driving privileges.
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14 | (a) Upon receipt of
a certified report,
as prescribed by | ||||||
15 | subsection (c) of
this Section, from
any municipality stating | ||||||
16 | that the owner of a registered vehicle has: (1) failed
to pay | ||||||
17 | any fine or penalty due and owing as a result of 10 or more | ||||||
18 | violations
of a
municipality's vehicular standing, parking, or | ||||||
19 | compliance
regulations established by
ordinance pursuant to | ||||||
20 | Section 11-208.3 of this Code, or (2) failed to pay any
fine or | ||||||
21 | penalty due and owing as a result of 5 offenses for automated | ||||||
22 | traffic
violations as defined in
Section 11-208.6 or automated | ||||||
23 | toll violations as defined in Section 11-208.7 or any |
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1 | combination thereof , the Secretary of State
shall suspend the | ||||||
2 | driving privileges of such person in accordance with the
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3 | procedures set forth in this Section.
The Secretary shall also | ||||||
4 | suspend the driving privileges of an owner of a
registered | ||||||
5 | vehicle upon receipt of a certified report, as prescribed by
| ||||||
6 | subsection (f) of this Section, from any municipality stating | ||||||
7 | that such
person has failed to satisfy any fines or penalties | ||||||
8 | imposed by final judgments
for 5 or more automated traffic law | ||||||
9 | violations or automated toll violations or 10 or more | ||||||
10 | violations of local standing, parking, or
compliance | ||||||
11 | regulations after
exhaustion of judicial review procedures.
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12 | (b) Following receipt of the certified report of the | ||||||
13 | municipality as
specified in this Section, the Secretary of | ||||||
14 | State shall notify the person
whose name appears on the | ||||||
15 | certified report that
the person's
drivers license will be | ||||||
16 | suspended at the end of a specified period of time
unless the | ||||||
17 | Secretary of State is presented with a notice from the
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18 | municipality certifying that the fine or penalty due
and owing | ||||||
19 | the municipality has been paid or that inclusion of that
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20 | person's name on the certified report was in error. The | ||||||
21 | Secretary's notice
shall state in substance the information
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22 | contained in the municipality's certified report to the | ||||||
23 | Secretary, and
shall be effective as specified by subsection | ||||||
24 | (c) of Section 6-211 of this
Code.
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25 | (c) The report of the appropriate municipal official | ||||||
26 | notifying the
Secretary of State of unpaid fines or penalties |
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1 | pursuant to this Section
shall be certified and shall contain | ||||||
2 | the following:
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3 | (1) The name, last known address as recorded with the | ||||||
4 | Secretary of State, as provided by the lessor of the cited | ||||||
5 | vehicle at the time of lease, or as recorded in a United | ||||||
6 | States Post Office approved database if any notice sent | ||||||
7 | under Section 11-208.3 of this Code is returned as | ||||||
8 | undeliverable, and drivers license number of the
person who | ||||||
9 | failed to pay the fine or
penalty and the registration | ||||||
10 | number of any vehicle known to be registered
to such person | ||||||
11 | in this State.
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12 | (2) The name of the municipality making the report | ||||||
13 | pursuant to this
Section.
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14 | (3) A statement that the municipality sent a notice of | ||||||
15 | impending
drivers license suspension as prescribed by | ||||||
16 | ordinance enacted
pursuant to Section 11-208.3, to the | ||||||
17 | person named in the report at the
address recorded with the | ||||||
18 | Secretary of State or at the last address known to the | ||||||
19 | lessor of the cited vehicle at the time of lease or, if any | ||||||
20 | notice sent under Section 11-208.3 of this Code is returned | ||||||
21 | as undeliverable, at the last known address recorded in a | ||||||
22 | United States Post Office approved database; the date on | ||||||
23 | which such
notice was sent; and the address to which such | ||||||
24 | notice was sent.
In a municipality with a population of | ||||||
25 | 1,000,000 or more, the report shall
also include a | ||||||
26 | statement that the alleged violator's State vehicle |
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1 | registration
number and vehicle make, if specified on the | ||||||
2 | automated traffic law or automated toll violation notice, | ||||||
3 | are correct as they appear on the citations.
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4 | (d) Any municipality making a certified report to the | ||||||
5 | Secretary of State
pursuant to this Section
shall notify the | ||||||
6 | Secretary of State, in a form prescribed by the
Secretary, | ||||||
7 | whenever a person named in the certified report has paid the
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8 | previously reported fine or penalty or whenever the | ||||||
9 | municipality determines
that the original report was in error. | ||||||
10 | A certified copy of such
notification shall also be given upon | ||||||
11 | request and at no additional charge
to the person named | ||||||
12 | therein. Upon receipt of the municipality's
notification or | ||||||
13 | presentation of a certified copy of such notification, the
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14 | Secretary of State shall terminate the suspension.
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15 | (e) Any municipality making a certified report to the | ||||||
16 | Secretary of State
pursuant to this Section
shall also by | ||||||
17 | ordinance establish procedures for persons to
challenge the | ||||||
18 | accuracy of the certified report. The ordinance shall also
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19 | state the grounds for such a challenge, which may be limited to | ||||||
20 | (1) the
person not having been the owner or lessee of the | ||||||
21 | vehicle or vehicles
receiving 10 or more standing, parking, or | ||||||
22 | compliance
violation notices or 5 or more automated traffic law | ||||||
23 | or automated toll violations on the date or dates such notices | ||||||
24 | were issued; and (2) the
person
having already paid the fine or | ||||||
25 | penalty for the 10 or more standing, parking, or compliance | ||||||
26 | violations or 5 or more automated traffic law or automated toll |
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1 | violations
indicated on the certified report.
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2 | (f) Any municipality, other than a municipality | ||||||
3 | establishing vehicular
standing, parking, and compliance | ||||||
4 | regulations pursuant to
Section 11-208.3 or automated traffic | ||||||
5 | law regulations under Section 11-208.6 or automated toll | ||||||
6 | violations under Section 11-208.7 , may also
cause a suspension | ||||||
7 | of a person's drivers license pursuant to this Section.
Such | ||||||
8 | municipality may invoke this sanction by making a certified | ||||||
9 | report to
the Secretary of State upon a person's failure to | ||||||
10 | satisfy any fine or
penalty imposed by final judgment for 10 or | ||||||
11 | more violations of local
standing, parking, or compliance | ||||||
12 | regulations or 5 or more automated traffic law violations or | ||||||
13 | automated toll violations after exhaustion
of judicial review
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14 | procedures, but only if:
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15 | (1) the municipality complies with the provisions of | ||||||
16 | this Section in all
respects except in regard to enacting | ||||||
17 | an ordinance pursuant to Section
11-208.3;
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18 | (2) the municipality has sent a notice of impending
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19 | drivers license suspension as prescribed by an ordinance | ||||||
20 | enacted pursuant to
subsection (g) of this Section; and
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21 | (3) in municipalities with a population of 1,000,000 or | ||||||
22 | more, the
municipality
has verified that the alleged | ||||||
23 | violator's State vehicle registration number and
vehicle | ||||||
24 | make are correct as they appear on the citations.
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25 | (g) Any municipality, other than a municipality | ||||||
26 | establishing
standing, parking, and compliance regulations |
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1 | pursuant to
Section 11-208.3 or automated traffic law | ||||||
2 | regulations under Section 11-208.6 or automated toll | ||||||
3 | regulations under Section 11-208.7 , may provide by
ordinance | ||||||
4 | for the sending of a notice of impending
drivers license | ||||||
5 | suspension to the person who has failed to satisfy any fine
or | ||||||
6 | penalty imposed by final judgment for 10 or more violations of | ||||||
7 | local
standing, parking, or compliance regulations or 5 or more | ||||||
8 | automated traffic law violations or automated toll violations | ||||||
9 | or a combination thereof after exhaustion
of
judicial review
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10 | procedures. An ordinance so providing shall specify that the | ||||||
11 | notice
sent to the person liable for any fine or penalty
shall | ||||||
12 | state that failure to pay the fine or
penalty owing within 45 | ||||||
13 | days of the notice's date will result in the
municipality | ||||||
14 | notifying the Secretary of State that
the person's drivers | ||||||
15 | license is eligible for suspension pursuant to this
Section.
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16 | The notice of impending drivers license suspension
shall be | ||||||
17 | sent by first class United States mail, postage prepaid, to the
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18 | address
recorded with the Secretary of State or at the last | ||||||
19 | address known to the lessor of the cited vehicle at the time of | ||||||
20 | lease or, if any notice sent under Section 11-208.3 of this | ||||||
21 | Code is returned as undeliverable, to the last known address | ||||||
22 | recorded in a United States Post Office approved database.
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23 | (h) An administrative hearing to contest an impending | ||||||
24 | suspension or a
suspension made pursuant to this Section may be | ||||||
25 | had upon filing a written
request with the Secretary of State. | ||||||
26 | The filing fee for this hearing shall
be $20, to be paid at the |
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1 | time the request is made.
A municipality which files a | ||||||
2 | certified report with the Secretary of
State pursuant to this | ||||||
3 | Section shall reimburse the Secretary for all
reasonable costs | ||||||
4 | incurred by the Secretary as a result of the filing of the
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5 | report, including but not limited to the costs of providing the | ||||||
6 | notice
required pursuant to subsection (b) and the costs | ||||||
7 | incurred by the Secretary
in any hearing conducted with respect | ||||||
8 | to the report pursuant to this
subsection and any appeal from | ||||||
9 | such a hearing.
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10 | (i) The provisions of this Section shall apply on and after | ||||||
11 | January 1, 1988.
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12 | (j) For purposes of this Section, the term "compliance | ||||||
13 | violation" is
defined as in Section 11-208.3.
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14 | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
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15 | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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16 | Sec. 11-208. Powers of local authorities.
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17 | (a) The provisions of this Code shall not be deemed to | ||||||
18 | prevent
local authorities with respect to streets and highways | ||||||
19 | under their
jurisdiction and within the reasonable exercise of | ||||||
20 | the police power from:
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21 | 1. Regulating the standing or parking of vehicles, | ||||||
22 | except as
limited by Section 11-1306 of this Act;
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23 | 2. Regulating traffic by means of police officers or | ||||||
24 | traffic control
signals;
| ||||||
25 | 3. Regulating or prohibiting processions or |
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1 | assemblages on the highways;
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2 | 4. Designating particular highways as one-way highways | ||||||
3 | and requiring that
all vehicles thereon be moved in one | ||||||
4 | specific direction;
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5 | 5. Regulating the speed of vehicles in public parks | ||||||
6 | subject to the
limitations set forth in Section 11-604;
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7 | 6. Designating any highway as a through highway, as | ||||||
8 | authorized in Section
11-302, and requiring that all | ||||||
9 | vehicles stop before entering or crossing
the same or | ||||||
10 | designating any intersection as a stop intersection or a | ||||||
11 | yield
right-of-way intersection and requiring all vehicles | ||||||
12 | to stop or yield the
right-of-way at one or more entrances | ||||||
13 | to such intersections;
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14 | 7. Restricting the use of highways as authorized in | ||||||
15 | Chapter 15;
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16 | 8. Regulating the operation of bicycles and requiring | ||||||
17 | the
registration and licensing of same, including the | ||||||
18 | requirement of a
registration fee;
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19 | 9. Regulating or prohibiting the turning of vehicles or | ||||||
20 | specified
types of vehicles at intersections;
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21 | 10. Altering the speed limits as authorized in Section | ||||||
22 | 11-604;
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23 | 11. Prohibiting U-turns;
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24 | 12. Prohibiting pedestrian crossings at other than | ||||||
25 | designated and marked
crosswalks or at intersections;
| ||||||
26 | 13. Prohibiting parking during snow removal operation;
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1 | 14. Imposing fines in accordance with Section | ||||||
2 | 11-1301.3 as penalties
for use of any parking place | ||||||
3 | reserved for persons with disabilities, as defined
by | ||||||
4 | Section 1-159.1, or disabled veterans by any person using a | ||||||
5 | motor
vehicle not bearing registration plates specified in | ||||||
6 | Section 11-1301.1
or a special decal or device as defined | ||||||
7 | in Section 11-1301.2
as evidence that the vehicle is | ||||||
8 | operated by or for a person
with disabilities or disabled | ||||||
9 | veteran;
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10 | 15. Adopting such other traffic regulations as are | ||||||
11 | specifically
authorized by this Code; or
| ||||||
12 | 16. Enforcing the provisions of subsection (f) of | ||||||
13 | Section 3-413 of this
Code or a similar local ordinance.
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14 | (b) No ordinance or regulation enacted under subsections 1, | ||||||
15 | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||||||
16 | until signs giving
reasonable notice of such local traffic | ||||||
17 | regulations are posted.
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18 | (c) The provisions of this Code shall not prevent any
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19 | municipality having a population of 500,000 or more inhabitants | ||||||
20 | from
prohibiting any person from driving or operating any motor | ||||||
21 | vehicle upon
the roadways of such municipality with headlamps | ||||||
22 | on high beam or bright.
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23 | (d) The provisions of this Code shall not be deemed to | ||||||
24 | prevent local
authorities within the reasonable exercise of | ||||||
25 | their police power from
prohibiting, on private property, the | ||||||
26 | unauthorized use of parking spaces
reserved for persons with |
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1 | disabilities.
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2 | (e) No unit of local government, including a home rule | ||||||
3 | unit, may enact or
enforce an ordinance that applies only to | ||||||
4 | motorcycles if the principal purpose
for that ordinance is to | ||||||
5 | restrict the access of motorcycles to any highway or
portion of | ||||||
6 | a highway for which federal or State funds have been used for | ||||||
7 | the
planning, design, construction, or maintenance of that | ||||||
8 | highway. No unit of
local government, including a home rule | ||||||
9 | unit, may enact an ordinance requiring
motorcycle users to wear | ||||||
10 | protective headgear. Nothing in this subsection
(e) shall | ||||||
11 | affect the authority of a unit of local government to regulate
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12 | motorcycles for traffic control purposes or in accordance with | ||||||
13 | Section 12-602
of this Code. No unit of local government, | ||||||
14 | including a home rule unit, may
regulate motorcycles in a | ||||||
15 | manner inconsistent with this Code. This subsection
(e) is a | ||||||
16 | limitation under subsection (i) of Section 6 of Article VII of | ||||||
17 | the
Illinois Constitution on the concurrent exercise by home | ||||||
18 | rule units of powers
and functions exercised by the State.
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19 | (f) A municipality or county designated in Section 11-208.6 | ||||||
20 | may enact an ordinance providing for an
automated traffic law | ||||||
21 | enforcement system to enforce violations of this Code or
a | ||||||
22 | similar provision of a local ordinance and imposing liability | ||||||
23 | on a registered owner of a vehicle used in such a violation.
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24 | (g) A municipality or county may enact an ordinance | ||||||
25 | providing for an automated toll enforcement system to enforce | ||||||
26 | violations of the Toll Bridge Act or a similar provision of a |
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1 | local ordinance and imposing liability on a registered owner of | ||||||
2 | a vehicle used in such a violation. | ||||||
3 | (Source: P.A. 94-795, eff. 5-22-06.)
| ||||||
4 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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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 and automated | ||||||
8 | toll violations.
| ||||||
9 | (a) Any municipality may provide by ordinance for a system | ||||||
10 | of
administrative adjudication of vehicular standing and | ||||||
11 | parking violations and
vehicle compliance violations as | ||||||
12 | defined in this subsection and automated traffic law violations | ||||||
13 | as defined in Section 11-208.6 and automated toll violations as | ||||||
14 | defined in Section 11-208.7 .
The administrative system shall | ||||||
15 | have as its purpose the fair and
efficient enforcement of | ||||||
16 | municipal regulations through the
administrative adjudication | ||||||
17 | of automated traffic law or automated toll violations and | ||||||
18 | violations of municipal ordinances
regulating the standing and | ||||||
19 | parking of vehicles, the condition and use of
vehicle | ||||||
20 | equipment, and the display of municipal wheel tax licenses | ||||||
21 | within the
municipality's
borders. The administrative system | ||||||
22 | shall only have authority to adjudicate
civil offenses carrying | ||||||
23 | fines not in excess of $250 that occur after the
effective date | ||||||
24 | of the ordinance adopting such a system under this Section.
For | ||||||
25 | purposes of this Section, "compliance violation" means a |
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1 | violation of a
municipal regulation governing the condition or | ||||||
2 | use of equipment on a vehicle
or governing the display of a | ||||||
3 | municipal wheel tax license.
| ||||||
4 | (b) Any ordinance establishing a system of administrative | ||||||
5 | adjudication
under this Section shall provide for:
| ||||||
6 | (1) A traffic compliance administrator authorized to
| ||||||
7 | adopt, distribute and
process parking, compliance, and | ||||||
8 | automated traffic law or automated toll violation notices | ||||||
9 | and other notices required
by this
Section, collect money | ||||||
10 | paid as fines and penalties for violation of parking
and | ||||||
11 | compliance
ordinances and automated traffic law or | ||||||
12 | automated toll violations, and operate an administrative | ||||||
13 | adjudication system. The traffic
compliance
administrator | ||||||
14 | also may make a certified report to the Secretary of State
| ||||||
15 | under Section 6-306.5.
| ||||||
16 | (2) A parking, standing, compliance, or automated | ||||||
17 | traffic law or automated toll violation notice
that
shall | ||||||
18 | specify the date,
time, and place of violation of a | ||||||
19 | parking, standing,
compliance, or automated traffic law or | ||||||
20 | automated toll
regulation; the particular regulation
| ||||||
21 | violated; the fine and any penalty that may be assessed for | ||||||
22 | late payment,
when so provided by ordinance; the vehicle | ||||||
23 | make and state registration
number; and the identification | ||||||
24 | number of the
person issuing the notice.
With regard to | ||||||
25 | automated traffic law or automated toll violations, | ||||||
26 | vehicle make shall be specified on the automated traffic |
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1 | law or automated toll violation notice if the make is | ||||||
2 | available and readily discernible. With regard to | ||||||
3 | municipalities with a population of 1 million or more, it
| ||||||
4 | shall be grounds for
dismissal of a parking
violation if | ||||||
5 | the state registration number or vehicle make specified is
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6 | incorrect. The violation notice shall state that the | ||||||
7 | payment of the indicated
fine, and of any applicable | ||||||
8 | penalty for late payment, shall operate as a
final | ||||||
9 | disposition of the violation. The notice also shall contain
| ||||||
10 | information as to the availability of a hearing in which | ||||||
11 | the violation may
be contested on its merits. The violation | ||||||
12 | notice shall specify the
time and manner in which a hearing | ||||||
13 | may be had.
| ||||||
14 | (3) Service of the parking, standing, or compliance
| ||||||
15 | violation notice by affixing the
original or a facsimile of | ||||||
16 | the notice to an unlawfully parked vehicle or by
handing | ||||||
17 | the notice to the operator of a vehicle if he or she is
| ||||||
18 | present and service of an automated traffic law or | ||||||
19 | automated toll violation notice by mail to the
address
of | ||||||
20 | the registered owner of the cited vehicle as recorded with | ||||||
21 | the Secretary of
State within 30 days after the Secretary | ||||||
22 | of State notifies the municipality or county of the | ||||||
23 | identity of the owner of the vehicle, but in no event later | ||||||
24 | than 90 days after the violation. A person authorized by | ||||||
25 | ordinance to issue and serve parking,
standing, and | ||||||
26 | compliance
violation notices shall certify as to the |
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| |||||||
1 | correctness of the facts entered
on the violation notice by | ||||||
2 | signing his or her name to the notice at
the time of | ||||||
3 | service or in the case of a notice produced by a | ||||||
4 | computerized
device, by signing a single certificate to be | ||||||
5 | kept by the traffic
compliance
administrator attesting to | ||||||
6 | the correctness of all notices produced by the
device while | ||||||
7 | it was under his or her control. In the case of an | ||||||
8 | automated traffic law violation, the ordinance shall
| ||||||
9 | require
a
determination by a technician employed or | ||||||
10 | contracted by the municipality or county that,
based on | ||||||
11 | inspection of recorded images, the motor vehicle was being | ||||||
12 | operated in
violation of Section 11-208.6 or a local | ||||||
13 | ordinance.
If the technician determines that the
vehicle | ||||||
14 | entered the intersection as part of a funeral procession or | ||||||
15 | in order to
yield the right-of-way to an emergency vehicle, | ||||||
16 | a citation shall not be issued. In the case of an automated | ||||||
17 | toll violation, the ordinance shall require a | ||||||
18 | determination by a technician employed or contracted by the | ||||||
19 | municipality or county or entity having a contract with the | ||||||
20 | municipality or county that, based on inspection of | ||||||
21 | recorded images, the motor vehicle was being operated in | ||||||
22 | violation of subsection (b) of Section 13 of the Toll | ||||||
23 | Bridge Act or a local ordinance. The original or a
| ||||||
24 | facsimile of the violation notice or, in the case of a | ||||||
25 | notice produced by a
computerized device, a printed record | ||||||
26 | generated by the device showing the facts
entered on the |
| |||||||
| |||||||
1 | notice, shall be retained by the
traffic compliance
| ||||||
2 | administrator, and shall be a record kept in the ordinary | ||||||
3 | course of
business. A parking, standing, compliance, or | ||||||
4 | automated traffic law or automated toll violation notice | ||||||
5 | issued,
signed and served in
accordance with this Section, | ||||||
6 | a copy of the notice, or the computer
generated record | ||||||
7 | shall be prima facie
correct and shall be prima facie | ||||||
8 | evidence of the correctness of the facts
shown on the | ||||||
9 | notice. The notice, copy, or computer generated
record | ||||||
10 | shall be admissible in any
subsequent administrative or | ||||||
11 | legal proceedings.
| ||||||
12 | (4) An opportunity for a hearing for the registered | ||||||
13 | owner of the
vehicle cited in the parking, standing, | ||||||
14 | compliance, or automated traffic law or automated toll | ||||||
15 | violation notice in
which the owner may
contest the merits | ||||||
16 | of the alleged violation, and during which formal or
| ||||||
17 | technical rules of evidence shall not apply; provided, | ||||||
18 | however, that under
Section 11-1306 of this Code the lessee | ||||||
19 | of a vehicle cited in the
violation notice likewise shall | ||||||
20 | be provided an opportunity for a hearing of
the same kind | ||||||
21 | afforded the registered owner. The hearings shall be
| ||||||
22 | recorded, and the person conducting the hearing on behalf | ||||||
23 | of the traffic
compliance
administrator shall be empowered | ||||||
24 | to administer oaths and to secure by
subpoena both the | ||||||
25 | attendance and testimony of witnesses and the production
of | ||||||
26 | relevant books and papers. Persons appearing at a hearing |
| |||||||
| |||||||
1 | under this
Section may be represented by counsel at their | ||||||
2 | expense. The ordinance may
also provide for internal | ||||||
3 | administrative review following the decision of
the | ||||||
4 | hearing officer.
| ||||||
5 | (5) Service of additional notices, sent by first class | ||||||
6 | United States
mail, postage prepaid, to the address of the | ||||||
7 | registered owner of the cited
vehicle as recorded with the | ||||||
8 | Secretary of State or, if any notice to that address is | ||||||
9 | returned as undeliverable, to the last known address | ||||||
10 | recorded in a United States Post Office approved database,
| ||||||
11 | or, under Section 11-1306
of this Code, to the lessee of | ||||||
12 | the cited vehicle at the last address known
to the lessor | ||||||
13 | of the cited vehicle at the time of lease or, if any notice | ||||||
14 | to that address is returned as undeliverable, to the last | ||||||
15 | known address recorded in a United States Post Office | ||||||
16 | approved database.
The service shall
be deemed complete as | ||||||
17 | of the date of deposit in the United States mail.
The | ||||||
18 | notices shall be in the following sequence and shall | ||||||
19 | include but not be
limited to the information specified | ||||||
20 | herein:
| ||||||
21 | (i) A second notice of parking, standing, or | ||||||
22 | compliance violation. This notice shall specify the
| ||||||
23 | date and location of the violation cited in the | ||||||
24 | parking,
standing,
or compliance violation
notice, the | ||||||
25 | particular regulation violated, the vehicle
make and | ||||||
26 | state registration number, the fine and any penalty |
| |||||||
| |||||||
1 | that may be
assessed for late payment when so provided | ||||||
2 | by ordinance, the availability
of a hearing in which | ||||||
3 | the violation may be contested on its merits, and the
| ||||||
4 | time and manner in which the hearing may be had. The | ||||||
5 | notice of violation
shall also state that failure | ||||||
6 | either to pay the indicated fine and any
applicable | ||||||
7 | penalty, or to appear at a hearing on the merits in the | ||||||
8 | time and
manner specified, will result in a final | ||||||
9 | determination of violation
liability for the cited | ||||||
10 | violation in the amount of the fine or penalty
| ||||||
11 | indicated, and that, upon the occurrence of a final | ||||||
12 | determination of violation liability for the failure, | ||||||
13 | and the exhaustion of, or
failure to exhaust, available | ||||||
14 | administrative or judicial procedures for
review, any | ||||||
15 | unpaid fine or penalty will constitute a debt due and | ||||||
16 | owing
the municipality.
| ||||||
17 | (ii) A notice of final determination of parking, | ||||||
18 | standing,
compliance, or automated traffic law or | ||||||
19 | automated toll violation liability.
This notice shall | ||||||
20 | be sent following a final determination of parking,
| ||||||
21 | standing, compliance, or automated traffic law or | ||||||
22 | automated toll
violation liability and the conclusion | ||||||
23 | of judicial review procedures taken
under this | ||||||
24 | Section. The notice shall state that the unpaid fine or
| ||||||
25 | penalty is a debt due and owing the municipality. The | ||||||
26 | notice shall contain
warnings that failure to pay any |
| |||||||
| |||||||
1 | fine or penalty due and owing the
municipality within | ||||||
2 | the time specified may result in the municipality's
| ||||||
3 | filing of a petition in the Circuit Court to have the | ||||||
4 | unpaid
fine or penalty rendered a judgment as provided | ||||||
5 | by this Section, or may
result in suspension of the | ||||||
6 | person's drivers license for failure to pay
fines or | ||||||
7 | penalties for 10 or more parking violations under | ||||||
8 | Section 6-306.5 or 5 or more automated traffic law | ||||||
9 | violations under Section 11-208.6 or 5 or more | ||||||
10 | automated toll violations under Section 11-208.7 .
| ||||||
11 | (6) A Notice of impending drivers license suspension. | ||||||
12 | This
notice shall be sent to the person liable for any fine | ||||||
13 | or penalty that
remains due and owing on 10 or more parking
| ||||||
14 | violations or 5 or more unpaid automated traffic law | ||||||
15 | violations or automated toll violations . The notice
shall | ||||||
16 | state that failure to pay the fine or penalty owing within | ||||||
17 | 45 days of
the notice's date will result in the | ||||||
18 | municipality notifying the Secretary
of State that the | ||||||
19 | person is eligible for initiation of suspension
| ||||||
20 | proceedings under Section 6-306.5 of this Code. The notice | ||||||
21 | shall also state
that the person may obtain a photostatic | ||||||
22 | copy of an original ticket imposing a
fine or penalty by | ||||||
23 | sending a self addressed, stamped envelope to the
| ||||||
24 | municipality along with a request for the photostatic copy.
| ||||||
25 | The notice of impending
drivers license suspension shall be | ||||||
26 | sent by first class United States mail,
postage prepaid, to |
| |||||||
| |||||||
1 | the address recorded with the Secretary of State or, if any | ||||||
2 | notice to that address is returned as undeliverable, to the | ||||||
3 | last known address recorded in a United States Post Office | ||||||
4 | approved database.
| ||||||
5 | (7) Final determinations of violation liability. A | ||||||
6 | final
determination of violation liability shall occur | ||||||
7 | following failure
to pay the fine or penalty after a | ||||||
8 | hearing officer's determination of violation liability and | ||||||
9 | the exhaustion of or failure to exhaust any
administrative | ||||||
10 | review procedures provided by ordinance. Where a person
| ||||||
11 | fails to appear at a hearing to contest the alleged | ||||||
12 | violation in the time
and manner specified in a prior | ||||||
13 | mailed notice, the hearing officer's
determination of | ||||||
14 | violation liability shall become final: (A) upon
denial of | ||||||
15 | a timely petition to set aside that determination, or (B) | ||||||
16 | upon
expiration of the period for filing the petition | ||||||
17 | without a
filing having been made.
| ||||||
18 | (8) A petition to set aside a determination of parking, | ||||||
19 | standing,
compliance, or automated traffic law or | ||||||
20 | automated toll violation
liability that may be filed by a | ||||||
21 | person owing an unpaid fine or penalty.
The petition shall | ||||||
22 | be filed with and ruled upon by the traffic compliance
| ||||||
23 | administrator in the manner and within the time specified | ||||||
24 | by ordinance.
The grounds for the petition may be limited | ||||||
25 | to: (A) the person not having
been the owner or lessee of | ||||||
26 | the cited vehicle on the date the
violation notice was |
| |||||||
| |||||||
1 | issued, (B) the person having already paid the fine or
| ||||||
2 | penalty for the violation in question, and (C) excusable | ||||||
3 | failure to
appear at or
request a new date for a hearing.
| ||||||
4 | With regard to municipalities with a population of 1 | ||||||
5 | million or more, it
shall be grounds for
dismissal of a
| ||||||
6 | parking violation if the state registration number, or | ||||||
7 | vehicle make if specified, is
incorrect. After the | ||||||
8 | determination of
parking, standing, compliance, or | ||||||
9 | automated traffic law or automated toll violation | ||||||
10 | liability has been set aside
upon a showing of just
cause, | ||||||
11 | the registered owner shall be provided with a hearing on | ||||||
12 | the merits
for that violation.
| ||||||
13 | (9) Procedures for non-residents. Procedures by which | ||||||
14 | persons who are
not residents of the municipality may | ||||||
15 | contest the merits of the alleged
violation without | ||||||
16 | attending a hearing.
| ||||||
17 | (10) A schedule of civil fines for violations of | ||||||
18 | vehicular standing,
parking, compliance, or automated | ||||||
19 | traffic law or automated toll regulations enacted by | ||||||
20 | ordinance pursuant to this
Section, and a
schedule of | ||||||
21 | penalties for late payment of the fines, provided, however,
| ||||||
22 | that the total amount of the fine and penalty for any one | ||||||
23 | violation shall
not exceed $250, except as provided in | ||||||
24 | subsection (c) of Section 11-1301.3 of this Code.
| ||||||
25 | (11) Other provisions as are necessary and proper to | ||||||
26 | carry into
effect the powers granted and purposes stated in |
| |||||||
| |||||||
1 | this Section.
| ||||||
2 | (c) Any municipality establishing vehicular standing, | ||||||
3 | parking,
compliance, or automated traffic law
or automated toll | ||||||
4 | regulations under this Section may also provide by ordinance | ||||||
5 | for a
program of vehicle immobilization for the purpose of | ||||||
6 | facilitating
enforcement of those regulations. The program of | ||||||
7 | vehicle
immobilization shall provide for immobilizing any | ||||||
8 | eligible vehicle upon the
public way by presence of a restraint | ||||||
9 | in a manner to prevent operation of
the vehicle. Any ordinance | ||||||
10 | establishing a program of vehicle
immobilization under this | ||||||
11 | Section shall provide:
| ||||||
12 | (1) Criteria for the designation of vehicles eligible | ||||||
13 | for
immobilization. A vehicle shall be eligible for | ||||||
14 | immobilization when the
registered owner of the vehicle has | ||||||
15 | accumulated the number of unpaid final
determinations of | ||||||
16 | parking, standing, compliance, or automated traffic law or | ||||||
17 | automated toll violation liability as
determined by | ||||||
18 | ordinance.
| ||||||
19 | (2) A notice of impending vehicle immobilization and a | ||||||
20 | right to a
hearing to challenge the validity of the notice | ||||||
21 | by disproving liability
for the unpaid final | ||||||
22 | determinations of parking, standing, compliance, or | ||||||
23 | automated traffic law or automated toll
violation | ||||||
24 | liability listed
on the notice.
| ||||||
25 | (3) The right to a prompt hearing after a vehicle has | ||||||
26 | been immobilized
or subsequently towed without payment of |
| |||||||
| |||||||
1 | the outstanding fines and
penalties on parking, standing, | ||||||
2 | compliance, or automated traffic law or automated toll | ||||||
3 | violations for which final
determinations have been
| ||||||
4 | issued. An order issued after the hearing is a final | ||||||
5 | administrative
decision within the meaning of Section | ||||||
6 | 3-101 of the Code of Civil Procedure.
| ||||||
7 | (4) A post immobilization and post-towing notice | ||||||
8 | advising the registered
owner of the vehicle of the right | ||||||
9 | to a hearing to challenge the validity
of the impoundment.
| ||||||
10 | (d) Judicial review of final determinations of parking, | ||||||
11 | standing,
compliance, or automated traffic law
or automated | ||||||
12 | toll violations and final administrative decisions issued | ||||||
13 | after hearings
regarding vehicle immobilization and | ||||||
14 | impoundment made
under this Section shall be subject to the | ||||||
15 | provisions of
the Administrative Review Law.
| ||||||
16 | (e) Any fine, penalty, or part of any fine or any penalty | ||||||
17 | remaining
unpaid after the exhaustion of, or the failure to | ||||||
18 | exhaust, administrative
remedies created under this Section | ||||||
19 | and the conclusion of any judicial
review procedures shall be a | ||||||
20 | debt due and owing the municipality and, as
such, may be | ||||||
21 | collected in accordance with applicable law. Payment in full
of | ||||||
22 | any fine or penalty resulting from a standing, parking,
| ||||||
23 | compliance, or automated traffic law or automated toll | ||||||
24 | violation shall
constitute a final disposition of that | ||||||
25 | violation.
| ||||||
26 | (f) After the expiration of the period within which |
| |||||||
| |||||||
1 | judicial review may
be sought for a final determination of | ||||||
2 | parking, standing, compliance, or automated traffic law or | ||||||
3 | automated toll
violation, the municipality
may commence a | ||||||
4 | proceeding in the Circuit Court for purposes of obtaining a
| ||||||
5 | judgment on the final determination of violation. Nothing in | ||||||
6 | this
Section shall prevent a municipality from consolidating | ||||||
7 | multiple final
determinations of parking, standing, | ||||||
8 | compliance, or automated traffic law or automated toll | ||||||
9 | violations against a
person in a proceeding.
Upon commencement | ||||||
10 | of the action, the municipality shall file a certified
copy or | ||||||
11 | record of the final determination of parking, standing, | ||||||
12 | compliance, or automated traffic law or automated toll
| ||||||
13 | violation, which shall be
accompanied by a certification that | ||||||
14 | recites facts sufficient to show that
the final determination | ||||||
15 | of violation was
issued in accordance with this Section and the | ||||||
16 | applicable municipal
ordinance. Service of the summons and a | ||||||
17 | copy of the petition may be by
any method provided by Section | ||||||
18 | 2-203 of the Code of Civil Procedure or by
certified mail, | ||||||
19 | return receipt requested, provided that the total amount of
| ||||||
20 | fines and penalties for final determinations of parking, | ||||||
21 | standing,
compliance, or automated traffic law or automated | ||||||
22 | toll violations does not
exceed $2500. If the court is | ||||||
23 | satisfied that the final determination of
parking, standing, | ||||||
24 | compliance, or automated traffic law or automated toll | ||||||
25 | violation was entered in accordance with
the requirements of
| ||||||
26 | this Section and the applicable municipal ordinance, and that |
| |||||||
| |||||||
1 | the registered
owner or the lessee, as the case may be, had an | ||||||
2 | opportunity for an
administrative hearing and for judicial | ||||||
3 | review as provided in this Section,
the court shall render | ||||||
4 | judgment in favor of the municipality and against
the | ||||||
5 | registered owner or the lessee for the amount indicated in the | ||||||
6 | final
determination of parking, standing, compliance, or | ||||||
7 | automated traffic law or automated toll violation, plus costs.
| ||||||
8 | The judgment shall have
the same effect and may be enforced in | ||||||
9 | the same manner as other judgments
for the recovery of money.
| ||||||
10 | (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | ||||||
11 | 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| ||||||
12 | (625 ILCS 5/11-208.7 new) | ||||||
13 | Sec. 11-208.7. Automated toll violation enforcement | ||||||
14 | system. | ||||||
15 | (a) As used in this Section, "automated toll violation | ||||||
16 | enforcement system" means a device with one or more motor | ||||||
17 | vehicle sensors working in conjunction with a toll collection | ||||||
18 | device to produce recorded images of motor vehicles violating | ||||||
19 | subsection (b) of Section 13 of the Toll Bridge Act or a | ||||||
20 | similar provision of a local ordinance. An automated toll | ||||||
21 | violation enforcement system is a system, in a municipality or | ||||||
22 | county operated by a governmental agency with or without the | ||||||
23 | assistance of a private entity, that produces a recorded image | ||||||
24 | of a motor vehicle's violation of law or a local ordinance and | ||||||
25 | is designed to obtain a clear recorded image of the vehicle and |
| |||||||
| |||||||
1 | the vehicle's license plate. The recorded image must also | ||||||
2 | display the time, date, and location of the violation. | ||||||
3 | (b) As used in this Section, "recorded images" means images | ||||||
4 | recorded by an automated toll violation enforcement system on: | ||||||
5 | (1) one or more photographs; | ||||||
6 | (2) one or more microphotographs; | ||||||
7 | (3) one or more electronic images; or | ||||||
8 | (4) a video recording showing the motor vehicle and, on | ||||||
9 | at least one image or portion of the recording, clearly | ||||||
10 | identifying the registration plate number of the motor | ||||||
11 | vehicle. | ||||||
12 | (c) A county or municipality, including a home rule county | ||||||
13 | or municipality, may not use an automated toll violation | ||||||
14 | enforcement system to provide recorded images of a motor | ||||||
15 | vehicle for the purpose of recording its speed for the purpose | ||||||
16 | of enforcing any law or ordinance regarding a maximum or | ||||||
17 | minimum speed limit. The regulation of the use of automated | ||||||
18 | toll violation enforcement systems to record vehicle speeds is | ||||||
19 | an exclusive power and function of the State. This subsection | ||||||
20 | (c) is a denial and limitation of home rule powers and | ||||||
21 | functions under subsection (h) of Section 6 of Article VII of | ||||||
22 | the Illinois Constitution. | ||||||
23 | (d) For each violation of a provision of the Toll Bridge | ||||||
24 | Act or a local ordinance recorded by an automatic toll | ||||||
25 | violation enforcement system, the county or municipality | ||||||
26 | having jurisdiction shall issue a written notice of the |
| |||||||
| |||||||
1 | violation to the registered owner of the vehicle. The notice | ||||||
2 | shall be delivered to the registered owner of the vehicle, by | ||||||
3 | mail, within 30 days after the municipality or county is | ||||||
4 | notified of the identity of the owner of the vehicle, but in no | ||||||
5 | event later than 90 days after the violation. The notice shall | ||||||
6 | include: | ||||||
7 | (1) the name and address of the registered owner of the | ||||||
8 | vehicle; | ||||||
9 | (2) the registration number of the motor vehicle | ||||||
10 | involved in the violation; | ||||||
11 | (3) the violation charged; | ||||||
12 | (4) the location where the violation occurred; | ||||||
13 | (5) the date and time of the violation; | ||||||
14 | (6) a copy of the recorded images; | ||||||
15 | (7) the amount of the civil penalty imposed and the | ||||||
16 | date by which the civil penalty should be paid; | ||||||
17 | (8) a statement that recorded images are evidence of a | ||||||
18 | toll violation; | ||||||
19 | (9) a warning that failure to pay the civil penalty or | ||||||
20 | to contest liability in a timely manner is an admission of | ||||||
21 | liability and may result in a suspension of the driving | ||||||
22 | privileges of the registered owner of the vehicle; and | ||||||
23 | (10) a statement that the person may elect to proceed | ||||||
24 | by: | ||||||
25 | (A) paying the fine and the toll; or | ||||||
26 | (B) challenging the charge in court, by mail, or by |
| |||||||
| |||||||
1 | administrative hearing. | ||||||
2 | (e) The Secretary of State shall suspend the driving | ||||||
3 | privileges of the registered owner of the vehicle under Section | ||||||
4 | 6-306.5 of this Code for failing to pay any fine or penalty due | ||||||
5 | and owing as a result of 5 violations of the automated traffic | ||||||
6 | law enforcement system or the automated toll violation | ||||||
7 | enforcement system or any combination thereof. | ||||||
8 | (f) Based on inspection of recorded images produced by an | ||||||
9 | automated toll violation enforcement system, a notice alleging | ||||||
10 | that the violation occurred shall be evidence of the facts | ||||||
11 | contained in the notice and admissible in any proceeding | ||||||
12 | alleging a violation under this Section. | ||||||
13 | (g) Recorded images made by an automatic toll violation | ||||||
14 | enforcement system are confidential and shall be made available | ||||||
15 | only to the alleged violator and governmental and law | ||||||
16 | enforcement agencies for purposes of adjudicating a violation | ||||||
17 | of this Section, for statistical purposes, or for other | ||||||
18 | governmental purposes. Any recorded image evidencing a | ||||||
19 | violation, however, may be admissible in any proceeding | ||||||
20 | resulting from the issuance of the citation. | ||||||
21 | (h) The court or hearing officer may consider in defense of | ||||||
22 | a violation: | ||||||
23 | (1) that the motor vehicle or registration plates of | ||||||
24 | the motor vehicle were stolen before the violation occurred | ||||||
25 | and not under the control of or in the possession of the | ||||||
26 | owner at the time of the violation; |
| |||||||
| |||||||
1 | (2) that the toll and all administrative fees and costs | ||||||
2 | were paid in full at least 30 days prior to the hearing; | ||||||
3 | and | ||||||
4 | (3) any other evidence or issues provided by municipal | ||||||
5 | or county ordinance. | ||||||
6 | (i) To demonstrate that the motor vehicle or the | ||||||
7 | registration plates were stolen before the violation occurred | ||||||
8 | and were not under the control or possession of the owner at | ||||||
9 | the time of the violation, the owner must submit proof that a | ||||||
10 | report concerning the stolen motor vehicle or registration | ||||||
11 | plates was filed with a law enforcement agency in a timely | ||||||
12 | manner. | ||||||
13 | (j) Unless the driver of the motor vehicle was cited by a | ||||||
14 | police officer at the time of the violation, the motor vehicle | ||||||
15 | owner is subject to a civil penalty not exceeding $150, plus an | ||||||
16 | additional penalty of not more than $150 for failure to pay the | ||||||
17 | original penalty in a timely manner, if the motor vehicle is | ||||||
18 | recorded by an automated toll violation enforcement system. A | ||||||
19 | violation for which a civil penalty is imposed under this | ||||||
20 | Section is not a violation of a traffic regulation governing | ||||||
21 | the movement of vehicles and may not be recorded on the driving | ||||||
22 | record of the owner of the vehicle. | ||||||
23 | (k) A toll gate or other area of a toll bridge where a toll | ||||||
24 | or charge is due that is equipped with an automated toll | ||||||
25 | violation enforcement system must be posted with a sign visible | ||||||
26 | to approaching traffic indicating that the gate or area is |
| |||||||
| |||||||
1 | being monitored by an automated toll violation enforcement | ||||||
2 | system. | ||||||
3 | (l) A municipality or county in which there is situated a | ||||||
4 | privately operated toll bridge may enter into an agreement with | ||||||
5 | the operator of the toll bridge under which the operator | ||||||
6 | assists in the operation of the automated toll violation | ||||||
7 | enforcement system on behalf of the municipality. The | ||||||
8 | compensation paid for that assistance may include the | ||||||
9 | collection and remittance, or payment of equivalent amounts, of | ||||||
10 | tolls and administrative fees and costs assessed by that | ||||||
11 | operator.
| ||||||
12 | Section 99. Effective date. This Act takes effect upon | ||||||
13 | becoming law.".
|