Rep. Robert Rita
Filed: 4/30/2008
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 5784
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 5784, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The Toll Highway Act is amended by changing | ||||||
6 | Section 10 as follows: | ||||||
7 | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
| ||||||
8 | Sec. 10. The Authority shall have power:
| ||||||
9 | (a) To pass resolutions, make by-laws, rules and | ||||||
10 | regulations for the
management, regulation and control of its | ||||||
11 | affairs, and to fix tolls, and to
make, enact and enforce all | ||||||
12 | needful rules and regulations in connection
with the | ||||||
13 | construction, operation, management, care, regulation or
| ||||||
14 | protection of its property or any toll highways, constructed or
| ||||||
15 | reconstructed hereunder.
| ||||||
16 | (a-5) To fix, assess, and collect civil fines for a |
| |||||||
| |||||||
1 | vehicle's operation on
a toll highway without the required toll | ||||||
2 | having been paid.
The Authority may
establish by rule a system | ||||||
3 | of civil administrative adjudication to adjudicate
only | ||||||
4 | alleged
instances of a vehicle's operation on a toll highway | ||||||
5 | without the required toll
having been paid, as detected by the | ||||||
6 | Authority's video or photo
surveillance system or through the | ||||||
7 | alleged failure to remit payment within the allotted time | ||||||
8 | period after being recorded as a non-paying vehicle by a duly | ||||||
9 | authorized toll collector .
In cases in which the operator of | ||||||
10 | the vehicle is not the registered
vehicle owner, the | ||||||
11 | establishment of
ownership of the vehicle creates a rebuttable | ||||||
12 | presumption that the vehicle was
being operated by an agent
of | ||||||
13 | the registered vehicle owner. If the registered vehicle owner | ||||||
14 | liable for a
violation under this Section was
not the operator | ||||||
15 | of the vehicle at the time of the violation, the owner may
| ||||||
16 | maintain an action for
indemnification against the operator in | ||||||
17 | the circuit court.
Rules establishing a system of civil | ||||||
18 | administrative
adjudication must
provide for written notice,
| ||||||
19 | by first class mail or other means provided by law, to the | ||||||
20 | address of the
registered owner of the cited
vehicle as | ||||||
21 | recorded with the Secretary of State's vehicle registration | ||||||
22 | records or out of state governmental entity
State or to the | ||||||
23 | lessee of the cited
vehicle at the last address known
to the | ||||||
24 | lessor of the cited vehicle at the time of the lease,
of the
| ||||||
25 | alleged violation and an opportunity to be heard on the | ||||||
26 | question of the
violation and must provide for the |
| |||||||
| |||||||
1 | establishment of a toll-free telephone
number to receive | ||||||
2 | inquiries concerning alleged violations.
The notice shall also | ||||||
3 | inform the registered vehicle owner that failure to
contest in | ||||||
4 | the manner and time
provided shall be deemed an admission of | ||||||
5 | liability and that a final order of
liability may be entered on | ||||||
6 | that admission. A duly
authorized agent of the Authority may | ||||||
7 | perform
or execute the preparation, certification, | ||||||
8 | affirmation, or
mailing of the notice. A notice of violation, | ||||||
9 | sworn or affirmed to or certified
by a duly authorized agent of
| ||||||
10 | the Authority, or a facsimile of the notice, based upon an | ||||||
11 | inspection of
photographs, microphotographs,
videotape, or | ||||||
12 | other recorded images produced
by a video or photo surveillance | ||||||
13 | system, shall be admitted as
prima facie evidence of the | ||||||
14 | correctness of the facts contained in the notice or
facsimile.
| ||||||
15 | Only civil fines,
along with the corresponding outstanding | ||||||
16 | toll, and costs
may be imposed by
administrative adjudication. | ||||||
17 | A fine may be imposed under this paragraph only
if a violation | ||||||
18 | is established by a preponderance of the evidence. Judicial
| ||||||
19 | review of all final orders of the Authority under this | ||||||
20 | paragraph shall be
conducted in the circuit court of the county | ||||||
21 | in which the administrative decision was rendered in accordance | ||||||
22 | with the Administrative Review Law.
| ||||||
23 | Any outstanding toll, fine, additional late payment fine, | ||||||
24 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
25 | sanction, or costs imposed, remaining unpaid after the | ||||||
26 | exhaustion of, or the failure to
exhaust, judicial review |
| |||||||
| |||||||
1 | procedures under the Administrative Review
Law are a debt due | ||||||
2 | and owing
the Authority and may be collected in accordance
with | ||||||
3 | applicable law. After expiration of the period in
which | ||||||
4 | judicial review under the Administrative Review Law may be
| ||||||
5 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
6 | final order of
the Authority under this subsection (a-5)
may be | ||||||
7 | enforced in
the same manner as a judgment entered by a court of | ||||||
8 | competent jurisdiction.
Notwithstanding any other provision of | ||||||
9 | this Act, the Authority may, with the approval of the Attorney | ||||||
10 | General, retain a law firm or law firms with expertise in the | ||||||
11 | collection of government fines and debts for the purpose of | ||||||
12 | collecting fines, costs, and other moneys due under this | ||||||
13 | subsection (a-5).
| ||||||
14 | A system of civil administrative adjudication may also | ||||||
15 | provide for a
program of vehicle
immobilization, tow, or | ||||||
16 | impoundment for the purpose of facilitating
enforcement of any | ||||||
17 | final order or orders of
the Authority under this subsection | ||||||
18 | (a-5) that result in a finding or liability for 5 or more | ||||||
19 | violations after
expiration of the period in which judicial | ||||||
20 | review under the Administrative Review Law may be sought. The | ||||||
21 | Authority may contract with another public or private entity to | ||||||
22 | provide immobilization, tow, or impoundment services. The | ||||||
23 | registered vehicle owner of a
vehicle immobilized, towed,
or | ||||||
24 | impounded for nonpayment of a final order
of the Authority | ||||||
25 | under this subsection (a-5) shall have the right
to request a | ||||||
26 | hearing before the Authority's civil administrative |
| |||||||
| |||||||
1 | adjudicatory
system to challenge the validity
of the | ||||||
2 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
3 | shall not constitute a
readjudication of the merits of | ||||||
4 | previously adjudicated notices.
Judicial review of all final | ||||||
5 | orders of the
Authority under this subsection (a-5) shall be | ||||||
6 | conducted
in the circuit court of the county in which the | ||||||
7 | administrative decision was rendered in accordance with the | ||||||
8 | Administrative Review Law. As used in this subsection (a-5), | ||||||
9 | "vehicle" includes any vehicle as defined in Section 1-217 of | ||||||
10 | the Illinois Vehicle Code. | ||||||
11 | No commercial entity that is the lessor of a vehicle under | ||||||
12 | a written lease agreement shall be liable for an administrative | ||||||
13 | notice of violation for toll evasion issued under this | ||||||
14 | subsection (a-5) involving that vehicle during the period of | ||||||
15 | the lease if the lessor provides a copy of the leasing | ||||||
16 | agreement to the Authority within 21 days of the issue date on | ||||||
17 | the notice of violation. The leasing agreement also must | ||||||
18 | contain a provision or addendum informing the lessee that the | ||||||
19 | lessee is liable for payment of all tolls and any fines for | ||||||
20 | toll evasion. Each entity must also post a sign at the leasing | ||||||
21 | counter notifying the lessee of that liability. The copy of the | ||||||
22 | leasing agreement provided to the Authority must contain the | ||||||
23 | name, address, and driver's license number of the lessee, as | ||||||
24 | well as the check-out and return dates and times of the vehicle | ||||||
25 | and the vehicle license plate number and vehicle make and | ||||||
26 | model. |
| |||||||
| |||||||
1 | As used in this subsection (a-5), "lessor" includes | ||||||
2 | commercial leasing and rental entities but does not include | ||||||
3 | public passenger vehicle entities.
| ||||||
4 | The Authority shall establish an amnesty program for
| ||||||
5 | violations adjudicated under this subsection (a-5). Under the
| ||||||
6 | program, any person who has an outstanding notice of violation
| ||||||
7 | for toll evasion or a final order of a hearing officer for toll
| ||||||
8 | evasion dated prior to the effective date of this amendatory
| ||||||
9 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
10 | the full percentage amounts listed in this paragraph
remaining | ||||||
11 | due on the notice of violation or final order of the
hearing | ||||||
12 | officer and the full fees and costs paid by the Authority to | ||||||
13 | the Secretary of State relating to suspension proceedings, if | ||||||
14 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
15 | the 60th day after the effective date of this amendatory Act
of | ||||||
16 | the 94th General Assembly shall not be required to pay more
| ||||||
17 | than the listed percentage of the original fine amount and
| ||||||
18 | outstanding toll as listed on the notice of violation or final
| ||||||
19 | order of the hearing officer and the full fees and costs paid | ||||||
20 | by the Authority to the Secretary of State relating to | ||||||
21 | suspension proceedings, if applicable. The payment percentage | ||||||
22 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
23 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
24 | original
fine amount and the outstanding tolls; a person with | ||||||
25 | more than
25 but fewer than 51 violations shall be eligible for | ||||||
26 | amnesty
upon payment of 60% of the original fine amount and the
|
| |||||||
| |||||||
1 | outstanding tolls; and a person with 51 or more violations
| ||||||
2 | shall be eligible for amnesty upon payment of 75% of the
| ||||||
3 | original fine amount and the outstanding tolls. In such a
| ||||||
4 | situation, the Executive Director of the Authority or his or
| ||||||
5 | her designee is authorized and directed to waive any late fine
| ||||||
6 | amount above the applicable percentage of the original fine
| ||||||
7 | amount. Partial payment of the amount due shall not be a basis
| ||||||
8 | to extend the amnesty payment deadline nor shall it act to
| ||||||
9 | relieve the person of liability for payment of the late fine
| ||||||
10 | amount. In order to receive amnesty, the full amount of the
| ||||||
11 | applicable percentage of the original fine amount and
| ||||||
12 | outstanding toll remaining due on the notice of violation or
| ||||||
13 | final order of the hearing officer and the full fees and costs | ||||||
14 | paid by the Authority to the Secretary of State relating to | ||||||
15 | suspension proceedings, if applicable, must be paid in full by | ||||||
16 | 5:00
p.m., Central Standard Time, of the 60th day after the
| ||||||
17 | effective date of this amendatory Act of the 94th General
| ||||||
18 | Assembly. This amendatory Act of the 94th General Assembly has
| ||||||
19 | no retroactive effect with regard to payments already tendered
| ||||||
20 | to the Authority that were full payments or payments in an
| ||||||
21 | amount greater than the applicable percentage, and this Act
| ||||||
22 | shall not be the basis for either a refund or a credit. This
| ||||||
23 | amendatory Act of the 94th General Assembly does not apply to
| ||||||
24 | toll evasion citations issued by the Illinois State Police or
| ||||||
25 | other authorized law enforcement agencies and for which payment
| ||||||
26 | may be due to or through the clerk of the circuit court. The
|
| |||||||
| |||||||
1 | Authority shall adopt rules as necessary to implement the
| ||||||
2 | provisions of this amendatory Act of the 94th General Assembly.
| ||||||
3 | The Authority, by a resolution of the Board of Directors, shall
| ||||||
4 | have the discretion to implement similar amnesty programs in
| ||||||
5 | the future.
The Authority, at its discretion and in | ||||||
6 | consultation with the Attorney
General, is further authorized | ||||||
7 | to settle an administrative fine or
penalty if it determines | ||||||
8 | that settling for less than the full amount
is in the best | ||||||
9 | interests of the Authority after taking into account
the | ||||||
10 | following factors:
(1) the merits of the Authority's claim | ||||||
11 | against the respondent;
(2) the amount that can be collected | ||||||
12 | relative to the
administrative fine or penalty owed by the | ||||||
13 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
14 | collection
action against the respondent;
(4) the likelihood of | ||||||
15 | collecting the full amount owed; and
(5) the burden on the | ||||||
16 | judiciary.
The provisions in this Section may be extended to | ||||||
17 | other
toll facilities in the State of Illinois through a duly
| ||||||
18 | executed agreement between the Authority and
the operator of | ||||||
19 | the toll facility.
| ||||||
20 | Notwithstanding any other rulemaking authority that may | ||||||
21 | exist, neither the Governor nor any agency or agency head under | ||||||
22 | the jurisdiction of the Governor has any authority to make or | ||||||
23 | promulgate rules to implement or enforce the provisions of this | ||||||
24 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
25 | Governor believes that rules are necessary to implement or | ||||||
26 | enforce the provisions of this amendatory Act of the 95th |
| |||||||
| |||||||
1 | General Assembly, the Governor may suggest rules to the General | ||||||
2 | Assembly by filing them with the Clerk of the House and | ||||||
3 | Secretary of the Senate and by requesting that the General | ||||||
4 | Assembly authorize such rulemaking by law, enact those | ||||||
5 | suggested rules into law, or take any other appropriate action | ||||||
6 | in the General Assembly's discretion. Nothing contained in this | ||||||
7 | amendatory Act of the 95th General Assembly shall be | ||||||
8 | interpreted to grant rulemaking authority under any other | ||||||
9 | Illinois statute where such authority is not otherwise | ||||||
10 | explicitly given. For the purposes of this amendatory Act of | ||||||
11 | the 95th General Assembly, "rules" is given the meaning | ||||||
12 | contained in Section 1-70 of the Illinois Administrative | ||||||
13 | Procedure Act, and "agency" and "agency head" are given the | ||||||
14 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
15 | Administrative Procedure Act to the extent that such | ||||||
16 | definitions apply to agencies or agency heads under the | ||||||
17 | jurisdiction of the Governor. | ||||||
18 | (b) To prescribe rules and regulations applicable to | ||||||
19 | traffic on highways
under the jurisdiction of the Authority, | ||||||
20 | concerning:
| ||||||
21 | (1) Types of vehicles permitted to use such highways or | ||||||
22 | parts thereof,
and classification of such vehicles;
| ||||||
23 | (2) Designation of the lanes of traffic to be used by | ||||||
24 | the different
types of vehicles permitted upon said | ||||||
25 | highways;
| ||||||
26 | (3) Stopping, standing, and parking of vehicles;
|
| |||||||
| |||||||
1 | (4) Control of traffic by means of police officers or | ||||||
2 | traffic control
signals;
| ||||||
3 | (5) Control or prohibition of processions, convoys, | ||||||
4 | and assemblages of
vehicles and persons;
| ||||||
5 | (6) Movement of traffic in one direction only on | ||||||
6 | designated portions of
said highways;
| ||||||
7 | (7) Control of the access, entrance, and exit of | ||||||
8 | vehicles and persons to
and from said highways; and
| ||||||
9 | (8) Preparation, location and installation of all | ||||||
10 | traffic signs;
and to prescribe further rules and | ||||||
11 | regulations applicable to such traffic,
concerning matters | ||||||
12 | not provided for either in the foregoing enumeration or
in | ||||||
13 | the Illinois Vehicle Code. Notice of such rules and | ||||||
14 | regulations
shall be posted conspicuously and displayed at | ||||||
15 | appropriate points and at
reasonable intervals along said | ||||||
16 | highways, by clearly legible markers or
signs, to provide | ||||||
17 | notice of the existence of such rules and regulations to
| ||||||
18 | persons traveling on said highways. At each toll station, | ||||||
19 | the Authority
shall make available, free of charge, | ||||||
20 | pamphlets containing all of such
rules and regulations.
| ||||||
21 | (c) The Authority, in fixing the rate for tolls for the | ||||||
22 | privilege of
using the said toll highways, is authorized and | ||||||
23 | directed, in fixing such
rates, to base the same upon annual | ||||||
24 | estimates to be made, recorded and
filed with the Authority. | ||||||
25 | Said estimates shall include the following: The
estimated total | ||||||
26 | amount of the use of the toll highways; the estimated
amount of |
| |||||||
| |||||||
1 | the revenue to be derived therefrom, which said revenue, when
| ||||||
2 | added to all other receipts and income, will be sufficient to | ||||||
3 | pay the
expense of maintaining and operating said toll | ||||||
4 | highways, including the
administrative expenses of the | ||||||
5 | Authority, and to discharge all obligations
of the Authority as | ||||||
6 | they become due and payable.
| ||||||
7 | (d) To accept from any municipality or political | ||||||
8 | subdivision any lands,
easements or rights in land needed for | ||||||
9 | the operation, construction,
relocation or maintenance of any | ||||||
10 | toll highways, with or without payment
therefor, and in its | ||||||
11 | discretion to reimburse any such municipality or
political | ||||||
12 | subdivision out of its funds for any cost or expense incurred | ||||||
13 | in
the acquisition of land, easements or rights in land, in | ||||||
14 | connection with
the construction and relocation of the said | ||||||
15 | toll highways, widening,
extending roads, streets or avenues in | ||||||
16 | connection therewith, or for the
construction of any roads or | ||||||
17 | streets forming extension to and connections
with or between | ||||||
18 | any toll highways, or for the cost or expense of widening,
| ||||||
19 | grading, surfacing or improving any existing streets or roads | ||||||
20 | or the
construction of any streets and roads forming extensions | ||||||
21 | of or connections
with any toll highways constructed, | ||||||
22 | relocated, operated, maintained or
regulated hereunder by the | ||||||
23 | Authority. Where property owned by a
municipality or political | ||||||
24 | subdivision is necessary to the construction of
an approved | ||||||
25 | toll highway, if the Authority cannot reach an agreement with
| ||||||
26 | such municipality or political subdivision and if the use to |
| |||||||
| |||||||
1 | which the
property is being put in the hands of the | ||||||
2 | municipality or political
subdivision is not essential to the | ||||||
3 | existence or the administration of such
municipality or | ||||||
4 | political subdivision, the Authority may acquire the
property | ||||||
5 | by condemnation.
| ||||||
6 | (Source: P.A. 94-636, eff. 8-22-05.)
| ||||||
7 | Section 10. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 3-413, 3-702, 3-704.2, 6-303, 6-306.7, | ||||||
9 | 12-503, and 12-610.5 and adding Section 12-610.6 as follows:
| ||||||
10 | (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| ||||||
11 | (Text of Section after amendment by P.A. 95-29 ) | ||||||
12 | Sec. 3-413. Display of registration plates, registration | ||||||
13 | stickers
and drive-away permits. | ||||||
14 | (a) Registration plates issued for a
motor vehicle other | ||||||
15 | than a motorcycle, trailer, semitrailer,
truck-tractor, | ||||||
16 | apportioned bus, or apportioned truck shall be attached
| ||||||
17 | thereto, one in the front and one in the
rear. The registration | ||||||
18 | plate issued for a motorcycle, trailer or
semitrailer required | ||||||
19 | to be registered hereunder and any apportionment
plate issued | ||||||
20 | to a bus under the provisions of this Code shall be attached
to | ||||||
21 | the rear thereof. The registration plate issued for a | ||||||
22 | truck-tractor or
an apportioned truck required to be registered | ||||||
23 | hereunder shall be
attached to the front thereof.
| ||||||
24 | (b) Every registration plate shall at all times be securely |
| |||||||
| |||||||
1 | fastened
in a horizontal position to the vehicle for which it | ||||||
2 | is issued so as to
prevent the plate from swinging and at a | ||||||
3 | height of not less than 5
inches from the ground, measuring | ||||||
4 | from the bottom of such plate, in a
place and position to be | ||||||
5 | clearly visible and shall be maintained in a
condition to be | ||||||
6 | clearly legible, free
from any materials that would obstruct | ||||||
7 | the visibility or electronic image recording of the plate,
| ||||||
8 | including, but not limited to, glass covers and plastic covers | ||||||
9 | and any covers, coating, wrappings, materials, streaking, | ||||||
10 | distorting,
holographic, reflective or other devices that | ||||||
11 | obstruct the visibility or
electronic image recording of the | ||||||
12 | plate. This subsection (b) shall not apply
to automatic vehicle | ||||||
13 | identification transponder devices, cards, or chips
issued by a | ||||||
14 | governmental body for the purpose of electronic payment of | ||||||
15 | tolls
or other authorized payments. A unit of local government, | ||||||
16 | including a home rule unit, may not
prohibit the placement of | ||||||
17 | automatic vehicle identification transponder devices, cards, | ||||||
18 | or chips issued by a governmental body for the purpose of | ||||||
19 | electronic payment of tolls or other authorized payments. This | ||||||
20 | subsection (b) is a denial and limitation
of home rule powers | ||||||
21 | and functions under subsection
(g) of Section 6 of Article VII | ||||||
22 | of the Illinois
Constitution. If a Department of State Police | ||||||
23 | officer or local
law enforcement officer having jurisdiction | ||||||
24 | observes that a cover or other
device or material or substance | ||||||
25 | is obstructing the visibility or electronic
image recording of | ||||||
26 | the plate, the officer shall issue a Uniform Traffic
Citation |
| |||||||
| |||||||
1 | and shall confiscate the cover or other device that obstructs | ||||||
2 | the
visibility or electronic image recording of the plate. If | ||||||
3 | the Department of State Police officer or
local law enforcement | ||||||
4 | officer having jurisdiction observes that the plate itself
has | ||||||
5 | been physically treated with a substance or material that is | ||||||
6 | obstructing
the visibility or electronic image recording of the | ||||||
7 | plate, the officer
shall issue a Uniform Traffic Citation and | ||||||
8 | shall confiscate the plate. Operating a vehicle with a plate | ||||||
9 | cover that obstructs the
visibility or electronic image | ||||||
10 | recording of the plate is an offense against the laws and | ||||||
11 | ordinances regulating the movement of traffic. Operating a | ||||||
12 | vehicle with a plate that has been physically altered with any | ||||||
13 | chemical or
reflective substance or coating that obstructs the | ||||||
14 | visibility or electronic
image recording of the plate is an | ||||||
15 | offense against the laws and ordinances regulating the movement | ||||||
16 | of traffic. The Secretary of State shall revoke the
| ||||||
17 | registration of any vehicle with a plate that has been found by | ||||||
18 | a court or administrative
tribunal to have been physically | ||||||
19 | altered with any chemical or reflective
substance or coating | ||||||
20 | that obstructs the visibility or electronic image
recording of | ||||||
21 | the plate. The registration shall not be reinstated until any | ||||||
22 | fee that may be required by the Secretary of State for | ||||||
23 | reinstatement is paid . Registration stickers issued as
| ||||||
24 | evidence of renewed annual registration shall be attached to | ||||||
25 | registration
plates as required by the Secretary of State, and | ||||||
26 | be clearly visible at
all times.
|
| |||||||
| |||||||
1 | Any adversely affected public agency may file suit against | ||||||
2 | any individual
or entity offering or marketing the sale, | ||||||
3 | including via the Internet, of any
product advertised as having | ||||||
4 | the capacity to obstruct the visibility or
electronic image | ||||||
5 | recording of a license plate. In addition to injunctive and
| ||||||
6 | monetary relief, punitive damages, and attorney's fees, the | ||||||
7 | suit may also
seek a full accounting of the records of all | ||||||
8 | sales to residents of or
entities within the State of Illinois.
| ||||||
9 | (c) Every drive-away permit issued pursuant to this
Code | ||||||
10 | shall
be firmly attached to the motor vehicle in the manner | ||||||
11 | prescribed by the Secretary of State. If a drive-away permit is | ||||||
12 | affixed to a motor vehicle in any other manner the
permit shall | ||||||
13 | be void and of no effect.
| ||||||
14 | (d) The Illinois prorate decal issued to a foreign | ||||||
15 | registered
vehicle part of a fleet prorated or apportioned with | ||||||
16 | Illinois, shall be
displayed on a registration plate and | ||||||
17 | displayed on the front of such
vehicle in the same manner as an | ||||||
18 | Illinois registration plate.
| ||||||
19 | (e) The registration plate issued for a camper body mounted | ||||||
20 | on a
truck displaying registration plates shall be attached to | ||||||
21 | the rear of
the camper body.
| ||||||
22 | (f) No person shall operate a vehicle, nor permit the | ||||||
23 | operation of a
vehicle, upon which is displayed an Illinois | ||||||
24 | registration plate, plates
or registration stickers after the | ||||||
25 | termination of the registration
period for which issued or | ||||||
26 | after the expiration date set pursuant to
Sections 3-414 and |
| |||||||
| |||||||
1 | 3-414.1 of this Code.
| ||||||
2 | (g) Notwithstanding any other rulemaking authority that | ||||||
3 | may exist, neither the Governor nor any agency or agency head | ||||||
4 | under the jurisdiction of the Governor has any authority to | ||||||
5 | make or promulgate rules to implement or enforce the provisions | ||||||
6 | of this amendatory Act of the 95th General Assembly. If, | ||||||
7 | however, the Governor believes that rules are necessary to | ||||||
8 | implement or enforce the provisions of this amendatory Act of | ||||||
9 | the 95th General Assembly, the Governor may suggest rules to | ||||||
10 | the General Assembly by filing them with the Clerk of the House | ||||||
11 | and Secretary of the Senate and by requesting that the General | ||||||
12 | Assembly authorize such rulemaking by law, enact those | ||||||
13 | suggested rules into law, or take any other appropriate action | ||||||
14 | in the General Assembly's discretion. Nothing contained in this | ||||||
15 | amendatory Act of the 95th General Assembly shall be | ||||||
16 | interpreted to grant rulemaking authority under any other | ||||||
17 | Illinois statute where such authority is not otherwise | ||||||
18 | explicitly given. For the purposes of this amendatory Act of | ||||||
19 | the 95th General Assembly, "rules" is given the meaning | ||||||
20 | contained in Section 1-70 of the Illinois Administrative | ||||||
21 | Procedure Act, and "agency" and "agency head" are given the | ||||||
22 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
23 | Administrative Procedure Act to the extent that such | ||||||
24 | definitions apply to agencies or agency heads under the | ||||||
25 | jurisdiction of the Governor. | ||||||
26 | (Source: P.A. 95-29, eff. 6-1-08; 95-331, eff. 8-21-07.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
| ||||||
2 | Sec. 3-702. Operation of vehicle when registration | ||||||
3 | cancelled,
suspended or revoked.
| ||||||
4 | (a) No person shall operate, nor shall an owner
knowingly | ||||||
5 | permit to be operated, upon any highway:
| ||||||
6 | (1) A vehicle the registration of which has been | ||||||
7 | cancelled,
suspended or revoked; or
| ||||||
8 | (2) A vehicle properly registered in another | ||||||
9 | Reciprocal State,
the foreign registration of which, or the | ||||||
10 | Illinois Reciprocity
Permit or Decal of which, has been | ||||||
11 | cancelled, suspended or revoked.
| ||||||
12 | (b) No person shall use, nor shall any owner use or | ||||||
13 | knowingly permit the
use of any Illinois registration plate, | ||||||
14 | plates or registration sticker,
or any Illinois Reciprocity | ||||||
15 | Permit or Prorate Decal which has
been cancelled, suspended or | ||||||
16 | revoked.
| ||||||
17 | (c) Any violation of this Section is a Class A misdemeanor | ||||||
18 | unless:
| ||||||
19 | 1. the registration of the motor vehicle has been | ||||||
20 | suspended for
noninsurance, then the provisions of Section | ||||||
21 | 3-708 of this Code apply in
lieu of this Section.
| ||||||
22 | 2. the registration of the motor vehicle has been | ||||||
23 | suspended for
failure to purchase a vehicle tax sticker | ||||||
24 | pursuant to Section 3-704.1 of
this Code, then the
| ||||||
25 | violation shall be considered a business offense and the |
| |||||||
| |||||||
1 | person shall be
required to pay a fine in excess of $500, | ||||||
2 | but not more than $1,000.
| ||||||
3 | (d) Any person whose suspension was based on Section | ||||||
4 | 3-704.2 of this Code relating to unpaid toll violations, in | ||||||
5 | addition to other penalties imposed under this Section, shall | ||||||
6 | have his or her motor vehicle immediately impounded by the | ||||||
7 | arresting law enforcement officer. The motor vehicle may be | ||||||
8 | released to any licensed driver upon a showing of proof of | ||||||
9 | payment in full of all fines, penalties and fees related to the | ||||||
10 | unpaid toll violations and the notarized written consent for | ||||||
11 | the release by the vehicle owner.
| ||||||
12 | (e) Notwithstanding any other rulemaking authority that | ||||||
13 | may exist, neither the Governor nor any agency or agency head | ||||||
14 | under the jurisdiction of the Governor has any authority to | ||||||
15 | make or promulgate rules to implement or enforce the provisions | ||||||
16 | of this amendatory Act of the 95th General Assembly. If, | ||||||
17 | however, the Governor believes that rules are necessary to | ||||||
18 | implement or enforce the provisions of this amendatory Act of | ||||||
19 | the 95th General Assembly, the Governor may suggest rules to | ||||||
20 | the General Assembly by filing them with the Clerk of the House | ||||||
21 | and Secretary of the Senate and by requesting that the General | ||||||
22 | Assembly authorize such rulemaking by law, enact those | ||||||
23 | suggested rules into law, or take any other appropriate action | ||||||
24 | in the General Assembly's discretion. Nothing contained in this | ||||||
25 | amendatory Act of the 95th General Assembly shall be | ||||||
26 | interpreted to grant rulemaking authority under any other |
| |||||||
| |||||||
1 | Illinois statute where such authority is not otherwise | ||||||
2 | explicitly given. For the purposes of this amendatory Act of | ||||||
3 | the 95th General Assembly, "rules" is given the meaning | ||||||
4 | contained in Section 1-70 of the Illinois Administrative | ||||||
5 | Procedure Act, and "agency" and "agency head" are given the | ||||||
6 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
7 | Administrative Procedure Act to the extent that such | ||||||
8 | definitions apply to agencies or agency heads under the | ||||||
9 | jurisdiction of the Governor. | ||||||
10 | (Source: P.A. 86-149; 87-1225 .)
| ||||||
11 | (625 ILCS 5/3-704.2)
| ||||||
12 | Sec. 3-704.2. Failure to satisfy fines or penalties for | ||||||
13 | toll violations or
evasions; suspension of vehicle | ||||||
14 | registration.
| ||||||
15 | (a) Upon receipt of a certified report, as prescribed by | ||||||
16 | subsection (c) of
this Section, from the Authority stating that | ||||||
17 | the owner of a registered vehicle
has failed to satisfy any | ||||||
18 | fine or penalty resulting from a final order issued
by the | ||||||
19 | Authority relating directly or indirectly to 5 or more toll | ||||||
20 | violations,
toll evasions, or both, the Secretary of State | ||||||
21 | shall suspend
the vehicle registration of the person in
| ||||||
22 | accordance with the procedures set forth in this Section.
| ||||||
23 | (b) Following receipt of the certified report of the | ||||||
24 | Authority as specified
in the Section, the Secretary of State | ||||||
25 | shall notify the person whose name
appears on the certified |
| |||||||
| |||||||
1 | report that the person's vehicle
registration will be suspended | ||||||
2 | at the end of a specified period
unless the Secretary of State | ||||||
3 | is presented with a notice from the
Authority certifying that | ||||||
4 | the fines or penalties and other costs incurred by the | ||||||
5 | Authority due to the suspension proceedings, including but not | ||||||
6 | limited to the filing fees and hearing fees paid by the | ||||||
7 | Authority to the Secretary of State, owing the Authority have | ||||||
8 | been
satisfied or that inclusion of that person's name on the | ||||||
9 | certified report was
in error. The Secretary's notice shall | ||||||
10 | state in substance the information
contained in the Authority's | ||||||
11 | certified report to the Secretary, and shall be
effective as | ||||||
12 | specified by subsection (c) of Section 6-211 of this Code.
| ||||||
13 | (c) The report from the Authority notifying the Secretary | ||||||
14 | of unsatisfied
fines
or penalties pursuant to this Section | ||||||
15 | shall be certified and shall contain the
following:
| ||||||
16 | (1) The name, last known address, as recorded in the | ||||||
17 | Secretary of State's vehicle registration records,
and | ||||||
18 | driver's license number if said driver's license number is | ||||||
19 | provided in the Secretary of State's vehicle registration | ||||||
20 | records of the
person
who failed to satisfy the fines or | ||||||
21 | penalties and the registration number of any
vehicle known | ||||||
22 | to be registered in this State to that person.
| ||||||
23 | (2) A statement that the Authority sent a notice of | ||||||
24 | impending suspension
of the person's driver's
license, | ||||||
25 | vehicle registration,
or both, as prescribed by rules | ||||||
26 | enacted pursuant to subsection (a-5) of
Section
10 of the |
| |||||||
| |||||||
1 | Toll Highway Act, to the person named in the report at the
| ||||||
2 | address recorded in with the Secretary of State's vehicle | ||||||
3 | registration records
State ; the date on which the notice | ||||||
4 | was
sent; and the address to which the notice was sent.
| ||||||
5 | (d) The Authority, after making a certified report to the | ||||||
6 | Secretary
pursuant to this Section, shall notify the Secretary, | ||||||
7 | on a form prescribed by
the Secretary, whenever a person named | ||||||
8 | in the certified report has satisfied
the previously reported | ||||||
9 | fines or penalties and other costs incurred by the Authority | ||||||
10 | due to the suspension proceedings, including but not limited to | ||||||
11 | the filing fees and hearing fees paid by the Authority to the | ||||||
12 | Secretary of State, or whenever the Authority determines
that | ||||||
13 | the original report was in error. A certified copy of the | ||||||
14 | notification
shall also be given upon request and at no | ||||||
15 | additional charge to the person
named therein. Upon receipt of | ||||||
16 | the Authority's notification or presentation of
a certified | ||||||
17 | copy of the notification, the Secretary shall terminate
the | ||||||
18 | suspension.
| ||||||
19 | (e) Subject to subsection (l), the The Authority shall, by | ||||||
20 | rule, establish procedures for persons to
challenge the | ||||||
21 | accuracy of the certified report made pursuant to this Section.
| ||||||
22 | The
rule shall also provide the grounds for a challenge, which | ||||||
23 | may be
limited to:
| ||||||
24 | (1) the person not having been the owner or lessee of | ||||||
25 | the vehicle
or
vehicles committing receiving 5 or more toll | ||||||
26 | violations
violation or toll evasions
evasion notices on |
| |||||||
| |||||||
1 | the date
of the violations in the notice
or dates the | ||||||
2 | notices were issued ; or
| ||||||
3 | (2) the person having already satisfied
the fines or | ||||||
4 | penalties for the 5 or more toll violations or toll | ||||||
5 | evasions
indicated on the certified report.
| ||||||
6 | (f) All notices sent by the Authority to persons involved | ||||||
7 | in administrative
adjudications, hearings, and final orders | ||||||
8 | issued pursuant to rules
implementing subsection (a-5) of | ||||||
9 | Section 10 of the Toll Highway Act shall state
that failure
to | ||||||
10 | satisfy any fine or penalty imposed by the Authority shall | ||||||
11 | result in the
Secretary of State suspending the driving | ||||||
12 | privileges, vehicle registration,
or both, of the person | ||||||
13 | failing to satisfy the fines or penalties imposed by the
| ||||||
14 | Authority.
| ||||||
15 | (g) A person may request an administrative hearing to | ||||||
16 | contest an impending
suspension or a
suspension made
pursuant | ||||||
17 | to this Section upon filing a written request with the
| ||||||
18 | Secretary. The filing fee for this hearing is $20, to be paid
| ||||||
19 | at the time of the request. The Authority shall reimburse the | ||||||
20 | Secretary
for all reasonable costs incurred by the Secretary as | ||||||
21 | a result of the
filing of a certified report pursuant to this | ||||||
22 | Section, including, but not
limited to, the costs of providing | ||||||
23 | notice required pursuant to subsection (b)
and the costs | ||||||
24 | incurred
by the Secretary in any hearing conducted with respect | ||||||
25 | to the report pursuant
to this subsection and any appeal from | ||||||
26 | that hearing.
|
| |||||||
| |||||||
1 | (h) The Secretary and the Authority may promulgate rules to | ||||||
2 | enable
them to carry out their duties under this Section.
| ||||||
3 | (i) The Authority shall cooperate with the Secretary in the
| ||||||
4 | administration of this Section and shall provide the Secretary | ||||||
5 | with any
information the Secretary may deem necessary for these | ||||||
6 | purposes, including
regular and timely access to toll violation | ||||||
7 | enforcement records.
| ||||||
8 | The Secretary shall cooperate with the Authority in the
| ||||||
9 | administration of this Section and shall provide the Authority | ||||||
10 | with any
information the Authority may deem necessary for the | ||||||
11 | purposes of this Section,
including regular and timely access | ||||||
12 | to vehicle registration records. Section
2-123 of this Code | ||||||
13 | shall not apply to the provision of this information, but
the | ||||||
14 | Secretary shall be reimbursed for the cost of providing this | ||||||
15 | information.
| ||||||
16 | (j) For purposes of this Section, the term "Authority" | ||||||
17 | means the
Illinois State Toll Highway Authority.
| ||||||
18 | (k) This Section may be extended to other toll facilities | ||||||
19 | in the State of Illinois through a duly executed agreement | ||||||
20 | between the Authority and the operator of the toll facility.
| ||||||
21 | (l) Notwithstanding any other rulemaking authority that | ||||||
22 | may exist, neither the Governor nor any agency or agency head | ||||||
23 | under the jurisdiction of the Governor has any authority to | ||||||
24 | make or promulgate rules to implement or enforce the provisions | ||||||
25 | of this amendatory Act of the 95th General Assembly. If, | ||||||
26 | however, the Governor believes that rules are necessary to |
| |||||||
| |||||||
1 | implement or enforce the provisions of this amendatory Act of | ||||||
2 | the 95th General Assembly, the Governor may suggest rules to | ||||||
3 | the General Assembly by filing them with the Clerk of the House | ||||||
4 | and Secretary of the Senate and by requesting that the General | ||||||
5 | Assembly authorize such rulemaking by law, enact those | ||||||
6 | suggested rules into law, or take any other appropriate action | ||||||
7 | in the General Assembly's discretion. Nothing contained in this | ||||||
8 | amendatory Act of the 95th General Assembly shall be | ||||||
9 | interpreted to grant rulemaking authority under any other | ||||||
10 | Illinois statute where such authority is not otherwise | ||||||
11 | explicitly given. For the purposes of this amendatory Act of | ||||||
12 | the 95th General Assembly, "rules" is given the meaning | ||||||
13 | contained in Section 1-70 of the Illinois Administrative | ||||||
14 | Procedure Act, and "agency" and "agency head" are given the | ||||||
15 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
16 | Administrative Procedure Act to the extent that such | ||||||
17 | definitions apply to agencies or agency heads under the | ||||||
18 | jurisdiction of the Governor. | ||||||
19 | (Source: P.A. 91-277, eff. 1-1-00.)
| ||||||
20 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
21 | (Text of Section after amendment by P.A. 95-400 ) | ||||||
22 | Sec. 6-303. Driving while driver's license, permit or | ||||||
23 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
24 | (a) Except as otherwise provided in subsection (a-5), any | ||||||
25 | person who drives or is in actual physical control of a motor
|
| |||||||
| |||||||
1 | vehicle on any highway of this State at a time when such | ||||||
2 | person's driver's
license, permit or privilege to do so or the | ||||||
3 | privilege to obtain a driver's
license or permit is revoked or | ||||||
4 | suspended as provided by this Code or the law
of another state, | ||||||
5 | except as may be specifically allowed by a judicial driving
| ||||||
6 | permit issued prior to January 1, 2009
the effective date of | ||||||
7 | this amendatory Act of the 95th General Assembly , monitoring | ||||||
8 | device driving permit, family financial responsibility driving | ||||||
9 | permit, probationary
license to drive, or a restricted driving | ||||||
10 | permit issued pursuant to this Code
or under the law of another | ||||||
11 | state, shall be guilty of a Class A misdemeanor.
| ||||||
12 | (a-5) Any person who violates this Section as provided in | ||||||
13 | subsection (a) while his or her driver's license, permit or | ||||||
14 | privilege is revoked because of a violation of Section 9-3 of | ||||||
15 | the Criminal Code of 1961, relating to the offense of reckless | ||||||
16 | homicide or a similar provision of a law of another state, is | ||||||
17 | guilty of a Class 4 felony. The person shall be required to | ||||||
18 | undergo a professional evaluation, as provided in Section | ||||||
19 | 11-501 of this Code, to determine if an alcohol, drug, or | ||||||
20 | intoxicating compound problem exists and the extent of the | ||||||
21 | problem, and to undergo the imposition of treatment as | ||||||
22 | appropriate.
| ||||||
23 | (b) The Secretary of State upon receiving a report of the | ||||||
24 | conviction
of any violation indicating a person was operating a | ||||||
25 | motor vehicle during
the time when said person's driver's | ||||||
26 | license, permit or privilege was
suspended by the Secretary, by |
| |||||||
| |||||||
1 | the appropriate authority of another state,
or pursuant to | ||||||
2 | Section 11-501.1; except as may
be specifically allowed by a | ||||||
3 | probationary license to drive, judicial
driving permit issued | ||||||
4 | prior to January 1, 2009
the effective date of this amendatory | ||||||
5 | Act of the 95th General Assembly , monitoring device driving | ||||||
6 | permit, or restricted driving permit issued pursuant to this | ||||||
7 | Code or
the law of another state;
shall extend the suspension | ||||||
8 | for the same period of time as the originally
imposed | ||||||
9 | suspension; however, if the period of suspension has then | ||||||
10 | expired,
the Secretary shall be authorized to suspend said | ||||||
11 | person's driving
privileges for the same period of time as the | ||||||
12 | originally imposed
suspension. | ||||||
13 | (b-3) When the Secretary of State receives a report of a | ||||||
14 | conviction of any violation indicating that a
vehicle was | ||||||
15 | operated during the time when the person's driver's license,
| ||||||
16 | permit or privilege was revoked, except as may be allowed by a | ||||||
17 | restricted
driving permit issued pursuant to this Code or the | ||||||
18 | law of another state,
the Secretary shall not issue
a driver's | ||||||
19 | license to that person for an additional period of one year | ||||||
20 | from the date of
such conviction.
| ||||||
21 | (b-4)
(b-5) When the Secretary of State receives a report | ||||||
22 | of a conviction of any violation indicating a person was | ||||||
23 | operating a motor vehicle that was not equipped with an | ||||||
24 | ignition interlock device during a time when the person was | ||||||
25 | prohibited from operating a motor vehicle not equipped with | ||||||
26 | such a device, the Secretary shall not issue a driver's license |
| |||||||
| |||||||
1 | to that person for an additional period of one year from the | ||||||
2 | date of the conviction.
| ||||||
3 | (b-5) Any person convicted of violating this Section shall | ||||||
4 | serve a minimum
term of imprisonment of 30 consecutive days or | ||||||
5 | 300
hours of community service
when the person's driving | ||||||
6 | privilege was revoked or suspended as a result of a violation | ||||||
7 | of Section 9-3 of the Criminal Code of 1961, as amended,
| ||||||
8 | relating to the offense of reckless homicide, or a similar | ||||||
9 | provision of a law of another state.
| ||||||
10 | (c) Except as provided in subsections (c-3) and (c-4), any | ||||||
11 | person convicted of violating this Section shall serve a | ||||||
12 | minimum
term of imprisonment of 10 consecutive days or 30
days | ||||||
13 | of community service
when the person's driving privilege was | ||||||
14 | revoked or suspended as a result of:
| ||||||
15 | (1) a violation of Section 11-501 of this Code or a | ||||||
16 | similar provision
of a local ordinance relating to the | ||||||
17 | offense of operating or being in physical
control of a | ||||||
18 | vehicle while under the influence of alcohol, any other | ||||||
19 | drug
or any combination thereof; or
| ||||||
20 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
21 | this Code or a
similar provision of a local ordinance | ||||||
22 | relating to the offense of leaving the
scene of a motor | ||||||
23 | vehicle accident involving personal injury or death; or
| ||||||
24 | (3)
a statutory summary suspension under Section | ||||||
25 | 11-501.1 of this
Code.
| ||||||
26 | Such sentence of imprisonment or community service shall |
| |||||||
| |||||||
1 | not be subject
to suspension in order to reduce such sentence.
| ||||||
2 | (c-1) Except as provided in subsections (c-5) and (d), any | ||||||
3 | person convicted of a
second violation of this Section shall be | ||||||
4 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
5 | community service.
| ||||||
6 | (c-2) In addition to other penalties imposed under this | ||||||
7 | Section, the
court may impose on any person convicted a fourth | ||||||
8 | time of violating this
Section any of
the following:
| ||||||
9 | (1) Seizure of the license plates of the person's | ||||||
10 | vehicle.
| ||||||
11 | (2) Immobilization of the person's vehicle for a period | ||||||
12 | of time
to be determined by the court.
| ||||||
13 | (c-3) Any person convicted of a violation of this Section | ||||||
14 | during a period of summary suspension imposed pursuant to | ||||||
15 | Section 11-501.1 when the person was eligible for a MDDP shall | ||||||
16 | be guilty of a Class 4 felony and shall serve a minimum term of | ||||||
17 | imprisonment of 30 days. | ||||||
18 | (c-4) Any person who has been issued a MDDP and who is | ||||||
19 | convicted of a violation of this Section as a result of | ||||||
20 | operating or being in actual physical control of a motor | ||||||
21 | vehicle not equipped with an ignition interlock device at the | ||||||
22 | time of the offense shall be guilty of a Class 4 felony and | ||||||
23 | shall serve a minimum term of imprisonment of 30 days.
| ||||||
24 | (c-5) Any person convicted of a second violation of this
| ||||||
25 | Section is guilty of a Class 2 felony, is not eligible for | ||||||
26 | probation or conditional discharge, and shall serve a mandatory |
| |||||||
| |||||||
1 | term of
imprisonment, if the
revocation or
suspension was for a | ||||||
2 | violation of Section 9-3 of the Criminal Code of 1961, relating
| ||||||
3 | to the offense of reckless homicide, or a similar out-of-state | ||||||
4 | offense.
| ||||||
5 | (d) Any person convicted of a second violation of this
| ||||||
6 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
7 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
8 | community service, as determined by the
court, if the
| ||||||
9 | revocation or
suspension was for a violation of Section 11-401 | ||||||
10 | or 11-501 of this Code,
or a similar out-of-state offense, or a | ||||||
11 | similar provision of a local
ordinance, or a
statutory summary | ||||||
12 | suspension under Section 11-501.1 of this Code.
| ||||||
13 | (d-1) Except as provided in subsections (d-2), (d-2.5), and | ||||||
14 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
15 | of this Section shall serve a minimum term of
imprisonment of | ||||||
16 | 30 days or 300 hours of community service, as determined by the
| ||||||
17 | court.
| ||||||
18 | (d-2) Any person convicted of a third violation of this
| ||||||
19 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
20 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
21 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
22 | or a similar out-of-state offense, or a similar provision of a | ||||||
23 | local
ordinance, or a
statutory summary suspension under | ||||||
24 | Section 11-501.1 of this Code.
| ||||||
25 | (d-2.5) Any person convicted of a third violation of this
| ||||||
26 | Section is guilty of a Class 1 felony, is not eligible for |
| |||||||
| |||||||
1 | probation or conditional discharge, and must serve a mandatory | ||||||
2 | term of
imprisonment if the revocation or
suspension was for a | ||||||
3 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
4 | to the offense of reckless homicide, or a similar out-of-state | ||||||
5 | offense.
| ||||||
6 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
7 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
8 | of a Class 4 felony and must serve a minimum term of
| ||||||
9 | imprisonment of 180 days if the revocation or suspension was | ||||||
10 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
11 | similar out-of-state
offense, or a similar provision of a local | ||||||
12 | ordinance, or a statutory
summary suspension under Section | ||||||
13 | 11-501.1 of this Code.
| ||||||
14 | (d-3.5) Any person convicted of a fourth or subsequent | ||||||
15 | violation of this
Section is guilty of a Class 1 felony, is not | ||||||
16 | eligible for probation or conditional discharge, and must serve | ||||||
17 | a mandatory term of
imprisonment, and is eligible for an | ||||||
18 | extended term, if the revocation or suspension was for a
| ||||||
19 | violation of Section 9-3 of the Criminal Code of 1961, relating | ||||||
20 | to the offense of reckless homicide, or a similar out-of-state | ||||||
21 | offense.
| ||||||
22 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
23 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
24 | of a Class 3 felony, and is not eligible for probation or | ||||||
25 | conditional discharge, if the revocation or suspension was for | ||||||
26 | a violation of Section 11-401 or 11-501 of this Code, or a |
| |||||||
| |||||||
1 | similar out-of-state offense, or a similar provision of a local | ||||||
2 | ordinance, or a statutory summary suspension under Section | ||||||
3 | 11-501.1 of this Code. | ||||||
4 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
5 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
6 | not eligible for probation or conditional discharge, if the | ||||||
7 | revocation or suspension was for a violation of Section 11-401 | ||||||
8 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
9 | similar provision of a local ordinance, or a statutory summary | ||||||
10 | suspension under Section 11-501.1 of this Code.
| ||||||
11 | (e) Any person in violation of this Section who is also in | ||||||
12 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
13 | insurance requirements, in
addition to other penalties imposed | ||||||
14 | under this Section, shall have his or her
motor vehicle | ||||||
15 | immediately impounded by the arresting law enforcement | ||||||
16 | officer.
The motor vehicle may be released to any licensed | ||||||
17 | driver upon a showing of
proof of insurance for the vehicle | ||||||
18 | that was impounded and the notarized written
consent for the | ||||||
19 | release by the vehicle owner.
| ||||||
20 | (f) For any prosecution under this Section, a certified | ||||||
21 | copy of the
driving abstract of the defendant shall be admitted | ||||||
22 | as proof of any prior
conviction.
| ||||||
23 | (g) The motor vehicle used in a violation of this Section | ||||||
24 | is subject
to seizure and forfeiture as provided in Sections | ||||||
25 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
26 | driving privilege was revoked
or suspended as a result of a |
| |||||||
| |||||||
1 | violation listed in paragraph (1), (2), or
(3) of subsection | ||||||
2 | (c) of this Section or as a result of a summary
suspension as | ||||||
3 | provided in paragraph (4) of subsection (c) of this
Section.
| ||||||
4 | (h) Any person whose suspension was based on Section | ||||||
5 | 6-306.7 of this Code relating to unpaid toll violations, in | ||||||
6 | addition to other penalties imposed under this Section, shall | ||||||
7 | have his or her motor vehicle immediately impounded by the | ||||||
8 | arresting law enforcement officer. The motor vehicle may be | ||||||
9 | released to any licensed driver upon a showing of proof of | ||||||
10 | payment in full of all fines, penalties, and fees related to | ||||||
11 | the unpaid toll violations and the notarized written consent | ||||||
12 | for the release by the vehicle owner.
| ||||||
13 | (i) Notwithstanding any other rulemaking authority that | ||||||
14 | may exist, neither the Governor nor any agency or agency head | ||||||
15 | under the jurisdiction of the Governor has any authority to | ||||||
16 | make or promulgate rules to implement or enforce the provisions | ||||||
17 | of this amendatory Act of the 95th General Assembly. If, | ||||||
18 | however, the Governor believes that rules are necessary to | ||||||
19 | implement or enforce the provisions of this amendatory Act of | ||||||
20 | the 95th General Assembly, the Governor may suggest rules to | ||||||
21 | the General Assembly by filing them with the Clerk of the House | ||||||
22 | and Secretary of the Senate and by requesting that the General | ||||||
23 | Assembly authorize such rulemaking by law, enact those | ||||||
24 | suggested rules into law, or take any other appropriate action | ||||||
25 | in the General Assembly's discretion. Nothing contained in this | ||||||
26 | amendatory Act of the 95th General Assembly shall be |
| |||||||
| |||||||
1 | interpreted to grant rulemaking authority under any other | ||||||
2 | Illinois statute where such authority is not otherwise | ||||||
3 | explicitly given. For the purposes of this amendatory Act of | ||||||
4 | the 95th General Assembly, "rules" is given the meaning | ||||||
5 | contained in Section 1-70 of the Illinois Administrative | ||||||
6 | Procedure Act, and "agency" and "agency head" are given the | ||||||
7 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
8 | Administrative Procedure Act to the extent that such | ||||||
9 | definitions apply to agencies or agency heads under the | ||||||
10 | jurisdiction of the Governor. | ||||||
11 | (Source: P.A. 94-112, eff. 1-1-06; 95-578, rely on 95-27 and | ||||||
12 | 95-377, eff. 1-1-08; 95-400, eff. 1-1-09; revised 11-19-07.)
| ||||||
13 | (625 ILCS 5/6-306.7)
| ||||||
14 | Sec. 6-306.7. Failure to satisfy fines or penalties for | ||||||
15 | toll violations or
evasions; suspension of driving privileges.
| ||||||
16 | (a) Upon receipt of a certified report, as prescribed by | ||||||
17 | subsection (c) of
this Section, from the Authority stating that | ||||||
18 | the owner of a registered vehicle
has failed to satisfy any | ||||||
19 | fine or penalty resulting from a final order issued
by the | ||||||
20 | Authority relating directly or indirectly to 5 or more toll | ||||||
21 | violations,
toll evasions, or both, the Secretary of State | ||||||
22 | shall suspend the
driving privileges of the person in
| ||||||
23 | accordance with the procedures set forth in this Section.
| ||||||
24 | (b) Following receipt of the certified report of the | ||||||
25 | Authority as specified
in the Section, the Secretary of State |
| |||||||
| |||||||
1 | shall notify the person whose name
appears on the certified | ||||||
2 | report that the person's driver's license
will be suspended at | ||||||
3 | the end of a specified period
unless the Secretary of State is | ||||||
4 | presented with a notice from the
Authority certifying that the | ||||||
5 | fines or penalties and other costs incurred by the Authority | ||||||
6 | due to the suspension proceedings, including but not limited to | ||||||
7 | the filing fees and hearing fees paid by the Authority to the | ||||||
8 | Secretary of State, owing the Authority have been
satisfied or | ||||||
9 | that inclusion of that person's name on the certified report | ||||||
10 | was
in error. The Secretary's notice shall state in substance | ||||||
11 | the information
contained in the Authority's certified report | ||||||
12 | to the Secretary, and shall be
effective as specified by | ||||||
13 | subsection (c) of Section 6-211 of this Code, except as to | ||||||
14 | those drivers who also have been issued a CDL. If a person also | ||||||
15 | has been issued a CDL, notice of suspension of that person's | ||||||
16 | driver's license must be given in writing by certified mail and | ||||||
17 | is effective on the date listed in the notice of suspension, | ||||||
18 | except that the notice is not effective until 4 days after the | ||||||
19 | date on which the notice was deposited into the United States | ||||||
20 | mail. The notice becomes effective 4 days after its deposit | ||||||
21 | into the United States mail regardless of whether the Secretary | ||||||
22 | of State receives the return receipt and regardless of whether | ||||||
23 | the written notification is returned for any reason to the | ||||||
24 | Secretary of State as undeliverable.
| ||||||
25 | (c) The report from the Authority notifying the Secretary | ||||||
26 | of unsatisfied
fines
or penalties pursuant to this Section |
| |||||||
| |||||||
1 | shall be certified and shall contain the
following:
| ||||||
2 | (1) The name, last known address, as recorded in the | ||||||
3 | Secretary of State's vehicle registration records,
and | ||||||
4 | driver's license number of the
person
who failed to satisfy | ||||||
5 | the fines or penalties and the registration number of any
| ||||||
6 | vehicle known to be registered in this State to that | ||||||
7 | person.
| ||||||
8 | (2) A statement that the Authority sent a notice of | ||||||
9 | impending suspension
of the person's driver's
license, | ||||||
10 | vehicle registration,
or both, as prescribed by rules | ||||||
11 | enacted pursuant to subsection (a-5) of
Section
10 of the | ||||||
12 | Toll Highway Act, to the person named in the report at the
| ||||||
13 | address recorded in with the Secretary of State's vehicle | ||||||
14 | registration records
State ; the date on which the notice | ||||||
15 | was
sent; and the address to which the notice was sent.
| ||||||
16 | (d) The Authority, after making a certified report to the | ||||||
17 | Secretary
pursuant to this Section, shall notify the Secretary, | ||||||
18 | on a form prescribed by
the Secretary, whenever a person named | ||||||
19 | in the certified report has satisfied
the previously reported | ||||||
20 | fines or penalties and other costs incurred by the Authority | ||||||
21 | due to the suspension proceedings, including but not limited to | ||||||
22 | the filing fees and hearing fees paid by the Authority to the | ||||||
23 | Secretary of State, or whenever the Authority determines
that | ||||||
24 | the original report was in error. A certified copy of the | ||||||
25 | notification
shall also be given upon request and at no | ||||||
26 | additional charge to the person
named therein. Upon receipt of |
| |||||||
| |||||||
1 | the Authority's notification or presentation of
a certified | ||||||
2 | copy of the notification, the Secretary shall terminate
the | ||||||
3 | suspension.
| ||||||
4 | (e) Subject to subsection (l), the The Authority shall, by | ||||||
5 | rule, establish procedures for persons to
challenge the | ||||||
6 | accuracy of the certified report made pursuant to this Section.
| ||||||
7 | The
rule shall also provide the grounds for a challenge, which | ||||||
8 | may be
limited to:
| ||||||
9 | (1) the person not having been the owner or lessee of | ||||||
10 | the vehicle
or
vehicles committing receiving 5 or more toll | ||||||
11 | violations or toll evasions
evasion notices on the
date
of | ||||||
12 | the violations in the notices
or dates the notices were | ||||||
13 | issued ; or
| ||||||
14 | (2) the person having already satisfied
the fines or | ||||||
15 | penalties for the 5 or more toll violations or toll | ||||||
16 | evasions
indicated on the certified report.
| ||||||
17 | (f) All notices sent by the Authority to persons involved | ||||||
18 | in administrative
adjudications, hearings, and final orders | ||||||
19 | issued pursuant to rules
implementing subsection (a-5) of | ||||||
20 | Section 10 of the Toll Highway Act shall state
that failure
to | ||||||
21 | satisfy any fine or penalty imposed by the Authority shall | ||||||
22 | result in the
Secretary of State suspending the driving | ||||||
23 | privileges, vehicle registration,
or both, of the person | ||||||
24 | failing to satisfy the fines or penalties imposed by the
| ||||||
25 | Authority.
| ||||||
26 | (g) A person may request an administrative hearing to |
| |||||||
| |||||||
1 | contest an impending
suspension or a
suspension made
pursuant | ||||||
2 | to this Section upon filing a written request with the
| ||||||
3 | Secretary. The filing fee for this hearing is $20, to be paid
| ||||||
4 | at the time of the request. The Authority shall reimburse the | ||||||
5 | Secretary
for all reasonable costs incurred by the Secretary as | ||||||
6 | a result of the
filing of a certified report pursuant to this | ||||||
7 | Section, including, but not
limited to, the costs of providing | ||||||
8 | notice required pursuant to subsection (b)
and the costs | ||||||
9 | incurred
by the Secretary in any hearing conducted with respect | ||||||
10 | to the report pursuant
to this subsection and any appeal from | ||||||
11 | that hearing.
| ||||||
12 | (h) The Secretary and the Authority may promulgate rules to | ||||||
13 | enable
them to carry out their duties under this Section.
| ||||||
14 | (i) The Authority shall cooperate with the Secretary in the
| ||||||
15 | administration of this Section and shall provide the Secretary | ||||||
16 | with any
information the Secretary may deem necessary for these | ||||||
17 | purposes, including
regular and timely access to toll violation | ||||||
18 | enforcement records.
| ||||||
19 | The Secretary shall cooperate with the Authority in the
| ||||||
20 | administration of this Section and shall provide the Authority | ||||||
21 | with any
information the Authority may deem necessary for the | ||||||
22 | purposes of this Section,
including regular and timely access | ||||||
23 | to vehicle registration records. Section
2-123 of this Code | ||||||
24 | shall not apply to the provision of this information, but
the | ||||||
25 | Secretary shall be reimbursed for the cost of providing this | ||||||
26 | information.
|
| |||||||
| |||||||
1 | (j) For purposes of this Section, the term "Authority" | ||||||
2 | means the
Illinois State Toll Highway Authority.
| ||||||
3 | (k) This Section may be extended to other toll facilities | ||||||
4 | in the State of Illinois through a duly executed agreement | ||||||
5 | between the Authority and the operator of the toll facility.
| ||||||
6 | (l) Notwithstanding any other rulemaking authority that | ||||||
7 | may exist, neither the Governor nor any agency or agency head | ||||||
8 | under the jurisdiction of the Governor has any authority to | ||||||
9 | make or promulgate rules to implement or enforce the provisions | ||||||
10 | of this amendatory Act of the 95th General Assembly. If, | ||||||
11 | however, the Governor believes that rules are necessary to | ||||||
12 | implement or enforce the provisions of this amendatory Act of | ||||||
13 | the 95th General Assembly, the Governor may suggest rules to | ||||||
14 | the General Assembly by filing them with the Clerk of the House | ||||||
15 | and Secretary of the Senate and by requesting that the General | ||||||
16 | Assembly authorize such rulemaking by law, enact those | ||||||
17 | suggested rules into law, or take any other appropriate action | ||||||
18 | in the General Assembly's discretion. Nothing contained in this | ||||||
19 | amendatory Act of the 95th General Assembly shall be | ||||||
20 | interpreted to grant rulemaking authority under any other | ||||||
21 | Illinois statute where such authority is not otherwise | ||||||
22 | explicitly given. For the purposes of this amendatory Act of | ||||||
23 | the 95th General Assembly, "rules" is given the meaning | ||||||
24 | contained in Section 1-70 of the Illinois Administrative | ||||||
25 | Procedure Act, and "agency" and "agency head" are given the | ||||||
26 | meanings contained in Sections 1-20 and 1-25 of the Illinois |
| |||||||
| |||||||
1 | Administrative Procedure Act to the extent that such | ||||||
2 | definitions apply to agencies or agency heads under the | ||||||
3 | jurisdiction of the Governor. | ||||||
4 | (Source: P.A. 94-218, eff. 7-1-06 .)
| ||||||
5 | (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| ||||||
6 | Sec. 12-503. Windshields must be unobstructed and equipped | ||||||
7 | with wipers.
| ||||||
8 | (a) No person shall drive a motor vehicle with any sign, | ||||||
9 | poster, window
application, reflective material, nonreflective | ||||||
10 | material or tinted film
upon the front windshield, sidewings or | ||||||
11 | side windows immediately adjacent
to each side of the driver. A | ||||||
12 | nonreflective tinted film may be used along
the uppermost | ||||||
13 | portion of the windshield if such material does not extend
more | ||||||
14 | than 6 inches down from the top of the windshield. Nothing in | ||||||
15 | this
Section shall create a cause of action on behalf of a | ||||||
16 | buyer against a
dealer or manufacturer who sells a motor | ||||||
17 | vehicle with a window which is in
violation of this Section.
| ||||||
18 | (b) Nothing contained in this Section shall prohibit the | ||||||
19 | use of
nonreflective, smoked or tinted glass, nonreflective | ||||||
20 | film, perforated
window screen or other decorative window | ||||||
21 | application on windows to the rear
of the driver's seat, except | ||||||
22 | that any motor vehicle with a window to the
rear of the | ||||||
23 | driver's seat treated in this manner shall be equipped with a
| ||||||
24 | side mirror on each side of the motor vehicle which are in | ||||||
25 | conformance with
Section 12-502.
|
| |||||||
| |||||||
1 | (c) No person shall drive a motor vehicle with any objects | ||||||
2 | placed or
suspended between the driver and the front | ||||||
3 | windshield, rear
window, side wings or side windows immediately | ||||||
4 | adjacent to each side of
the driver which materially obstructs | ||||||
5 | the driver's view. This subsection (c) does not apply to | ||||||
6 | automatic vehicle identification transponder devices, cards, | ||||||
7 | or chips issued by a governmental body for the purpose of | ||||||
8 | electronic payment of tolls or other authorized payments. A | ||||||
9 | unit of local government, including a home rule unit, may not
| ||||||
10 | prohibit the placement of automatic vehicle identification | ||||||
11 | transponder devices, cards, or chips issued by a governmental | ||||||
12 | body for the purpose of electronic payment of tolls or other | ||||||
13 | authorized payments. This subsection (c) is a denial and | ||||||
14 | limitation
of home rule powers and functions under subsection
| ||||||
15 | (g) of Section 6 of Article VII of the Illinois
Constitution.
| ||||||
16 | Notwithstanding any other rulemaking authority that may | ||||||
17 | exist, neither the Governor nor any agency or agency head under | ||||||
18 | the jurisdiction of the Governor has any authority to make or | ||||||
19 | promulgate rules to implement or enforce the provisions of this | ||||||
20 | amendatory Act of the 95th General Assembly. If, however, the | ||||||
21 | Governor believes that rules are necessary to implement or | ||||||
22 | enforce the provisions of this amendatory Act of the 95th | ||||||
23 | General Assembly, the Governor may suggest rules to the General | ||||||
24 | Assembly by filing them with the Clerk of the House and | ||||||
25 | Secretary of the Senate and by requesting that the General | ||||||
26 | Assembly authorize such rulemaking by law, enact those |
| |||||||
| |||||||
1 | suggested rules into law, or take any other appropriate action | ||||||
2 | in the General Assembly's discretion. Nothing contained in this | ||||||
3 | amendatory Act of the 95th General Assembly shall be | ||||||
4 | interpreted to grant rulemaking authority under any other | ||||||
5 | Illinois statute where such authority is not otherwise | ||||||
6 | explicitly given. For the purposes of this amendatory Act of | ||||||
7 | the 95th General Assembly, "rules" is given the meaning | ||||||
8 | contained in Section 1-70 of the Illinois Administrative | ||||||
9 | Procedure Act, and "agency" and "agency head" are given the | ||||||
10 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
11 | Administrative Procedure Act to the extent that such | ||||||
12 | definitions apply to agencies or agency heads under the | ||||||
13 | jurisdiction of the Governor. | ||||||
14 | (d) Every motor vehicle, except motorcycles, shall be | ||||||
15 | equipped with a
device, controlled by the driver, for cleaning | ||||||
16 | rain, snow, moisture or other
obstructions from the windshield; | ||||||
17 | and no person shall drive a motor vehicle
with snow, ice, | ||||||
18 | moisture or other material on any of the windows or
mirrors, | ||||||
19 | which materially obstructs the driver's clear view of the | ||||||
20 | highway.
| ||||||
21 | (e) No person shall drive a motor vehicle when the | ||||||
22 | windshield, side or
rear windows are in such defective | ||||||
23 | condition or repair as to materially
impair the driver's view | ||||||
24 | to the front, side or rear. A vehicle equipped
with a side | ||||||
25 | mirror on each side of the vehicle which are in conformance
| ||||||
26 | with Section 12-502 will be deemed to be in compliance in the |
| |||||||
| |||||||
1 | event the
rear window of the vehicle is materially obscured.
| ||||||
2 | (f) Paragraphs (a) and (b) of this Section shall not apply | ||||||
3 | to:
| ||||||
4 | (1) motor vehicles manufactured prior to January 1, | ||||||
5 | 1982; or
| ||||||
6 | (2) to those motor vehicles properly registered in | ||||||
7 | another jurisdiction.
| ||||||
8 | (g) Paragraph (a) of this Section shall not apply to any | ||||||
9 | motor vehicle with
a window treatment, including but not | ||||||
10 | limited to a window application,
reflective material, | ||||||
11 | nonreflective material, or tinted film, applied or affixed
to a | ||||||
12 | motor vehicle that:
| ||||||
13 | (1) is owned and operated by a person afflicted with or | ||||||
14 | suffering
from a medical illness, ailment, or disease, | ||||||
15 | including but not limited to systemic or discoid lupus | ||||||
16 | erythematosus, disseminated superficial actinic | ||||||
17 | porokeratosis, or albinism, which would require that | ||||||
18 | person
to be shielded from the direct rays of the sun; or
| ||||||
19 | (2) is used in transporting a person when the person
| ||||||
20 | resides at
the same address as the registered owner of the | ||||||
21 | vehicle and the
person is
afflicted with or suffering from | ||||||
22 | a medical illness, ailment or disease
which would require | ||||||
23 | the person to be shielded from the direct rays
of the
sun, | ||||||
24 | including but not limited to systemic or discoid lupus | ||||||
25 | erythematosus, disseminated superficial actinic | ||||||
26 | porokeratosis, or albinism.
|
| |||||||
| |||||||
1 | The owner must obtain a certified statement or letter | ||||||
2 | written by a physician licensed to practice medicine in
| ||||||
3 | Illinois that such person owning and operating or being | ||||||
4 | transported in a motor
vehicle is afflicted with or suffers | ||||||
5 | from such illness, ailment, or disease, including but not | ||||||
6 | limited to systemic or discoid lupus erythematosus, | ||||||
7 | disseminated superficial actinic porokeratosis, or | ||||||
8 | albinism, and
such certification must be carried in the | ||||||
9 | motor vehicle at all times. The
certification shall be | ||||||
10 | legible and shall contain the date of issuance, the
name, | ||||||
11 | address and signature of the attending physician, and the | ||||||
12 | name, address,
and medical condition of the person | ||||||
13 | requiring exemption. The information on
the certificate | ||||||
14 | for a window treatment must remain current and shall be | ||||||
15 | renewed
annually by the attending physician. The owner | ||||||
16 | shall also submit a copy of the certification to
the | ||||||
17 | Secretary of
State. The Secretary of State may forward | ||||||
18 | notice of certification to law
enforcement agencies.
| ||||||
19 | (g-5) (Blank). | ||||||
20 | (h) Paragraph (a) of this Section shall not apply to motor | ||||||
21 | vehicle
stickers or other certificates issued by State or local | ||||||
22 | authorities which
are required to be displayed upon motor | ||||||
23 | vehicle windows to evidence
compliance with requirements | ||||||
24 | concerning motor vehicles.
| ||||||
25 | (i) Those motor vehicles exempted under paragraph (f)(1) of | ||||||
26 | this Section
shall not cause their windows to be treated as |
| |||||||
| |||||||
1 | described in paragraph (a) after
January 1, 1993.
| ||||||
2 | (j) A person found guilty of violating paragraphs (a), (b), | ||||||
3 | or (i) of this
Section shall be guilty of a petty offense and | ||||||
4 | fined no less than $50 nor more
than $500. A second or | ||||||
5 | subsequent violation of paragraphs (a), (b), or (i) of
this | ||||||
6 | Section shall be treated as a Class C misdemeanor and the | ||||||
7 | violator fined
no less than $100 nor more than $500. Any person | ||||||
8 | convicted under paragraphs
(a), (b), or (i) of this Section | ||||||
9 | shall be ordered to alter any
nonconforming windows into | ||||||
10 | compliance with this Section.
| ||||||
11 | (Source: P.A. 94-564, eff. 8-12-05; 95-202, eff. 8-16-07.)
| ||||||
12 | (625 ILCS 5/12-610.5)
| ||||||
13 | Sec. 12-610.5. Registration plate covers.
| ||||||
14 | (a) In this Section, "registration plate cover" means any | ||||||
15 | tinted, colored, painted, marked, clear, reflective, | ||||||
16 | holographic, beveled, streaked, layered, or illuminated object | ||||||
17 | that is designed to: | ||||||
18 | (1) cover any of the characters of a motor vehicle's | ||||||
19 | registration plate; or | ||||||
20 | (2) distort a recorded image of any of the characters | ||||||
21 | of a motor vehicle's registration plate recorded by an | ||||||
22 | automated red light enforcement system as defined in | ||||||
23 | Section 1-105.5 of this Code ,
or recorded by an automated | ||||||
24 | traffic control system as defined in Section 15 of the | ||||||
25 | Automated Traffic Control Systems in Highway Construction |
| |||||||
| |||||||
1 | or Maintenance Zones Act , or recorded by a video or photo | ||||||
2 | surveillance system as provided in subsection (a-5) of | ||||||
3 | Section 10 of the Toll Highway Act .
| ||||||
4 | (b) It shall be unlawful to operate any motor vehicle that | ||||||
5 | is equipped with
registration plate covers. | ||||||
6 | (c) A person may not sell or offer for sale a registration | ||||||
7 | plate cover. | ||||||
8 | (d) A person may not advertise for the purpose of promoting | ||||||
9 | the sale of registration plate covers.
| ||||||
10 | (e) A violation of subsection (b) of this Section or a | ||||||
11 | similar provision of a local ordinance
shall be an offense | ||||||
12 | against laws and ordinances regulating the movement of
traffic.
| ||||||
13 | (f) A violation of subsection (c) or (d) of this Section or | ||||||
14 | a similar provision of a local ordinance shall be deemed a | ||||||
15 | petty offense. | ||||||
16 | (g) Notwithstanding any other rulemaking authority that | ||||||
17 | may exist, neither the Governor nor any agency or agency head | ||||||
18 | under the jurisdiction of the Governor has any authority to | ||||||
19 | make or promulgate rules to implement or enforce the provisions | ||||||
20 | of this amendatory Act of the 95th General Assembly. If, | ||||||
21 | however, the Governor believes that rules are necessary to | ||||||
22 | implement or enforce the provisions of this amendatory Act of | ||||||
23 | the 95th General Assembly, the Governor may suggest rules to | ||||||
24 | the General Assembly by filing them with the Clerk of the House | ||||||
25 | and Secretary of the Senate and by requesting that the General | ||||||
26 | Assembly authorize such rulemaking by law, enact those |
| |||||||
| |||||||
1 | suggested rules into law, or take any other appropriate action | ||||||
2 | in the General Assembly's discretion. Nothing contained in this | ||||||
3 | amendatory Act of the 95th General Assembly shall be | ||||||
4 | interpreted to grant rulemaking authority under any other | ||||||
5 | Illinois statute where such authority is not otherwise | ||||||
6 | explicitly given. For the purposes of this amendatory Act of | ||||||
7 | the 95th General Assembly, "rules" is given the meaning | ||||||
8 | contained in Section 1-70 of the Illinois Administrative | ||||||
9 | Procedure Act, and "agency" and "agency head" are given the | ||||||
10 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
11 | Administrative Procedure Act to the extent that such | ||||||
12 | definitions apply to agencies or agency heads under the | ||||||
13 | jurisdiction of the Governor. | ||||||
14 | (Source: P.A. 94-304, eff. 1-1-06.)
| ||||||
15 | (625 ILCS 5/12-610.6 new)
| ||||||
16 | Sec. 12-610.6. Registration plate spray and other recorded | ||||||
17 | image distorting material. | ||||||
18 | (a) In this Section, "registration plate spray or other | ||||||
19 | recorded image distorting material" means any spray, chemical, | ||||||
20 | substance, or other material that is designed to: | ||||||
21 | (1) cover any of the characters of a motor vehicle's | ||||||
22 | registration plate; or | ||||||
23 | (2) distort a recorded image of any of the characters | ||||||
24 | of a motor vehicle's registration plate recorded by (i) an | ||||||
25 | automated red light enforcement system as defined in |
| |||||||
| |||||||
1 | Section 1-105.5 of this Code, (ii) an automated traffic | ||||||
2 | control system as defined in Section 15 of the Automated | ||||||
3 | Traffic Control Systems in Highway Construction or | ||||||
4 | Maintenance Zone Act, or (iii) a video or photo | ||||||
5 | surveillance system as provided in subsection (a-5) of | ||||||
6 | Section 10 of the Toll Highway Act. | ||||||
7 | (b) It is unlawful to operate any motor vehicle that is
| ||||||
8 | equipped with a registration plate that has been treated with a | ||||||
9 | spray or other image recording distorting material. | ||||||
10 | (c) A person may not sell or offer for sale a registration | ||||||
11 | plate spray or other image recording distorting material. | ||||||
12 | (d) A person may not advertise for the purpose of promoting | ||||||
13 | the sale of registration plate spray or other image recording | ||||||
14 | distorting material. | ||||||
15 | (e) A violation of subsection (b) or a similar provision of | ||||||
16 | a local
ordinance is an offense against laws and ordinances | ||||||
17 | regulating the movement of traffic. | ||||||
18 | (f) Any adversely affected public agency may file suit | ||||||
19 | against any individual
or entity offering or marketing the | ||||||
20 | sale, including via the Internet, of any
product advertised as | ||||||
21 | having the capacity to obstruct the visibility or
electronic | ||||||
22 | image recording of a license plate. In addition to injunctive | ||||||
23 | and
monetary relief, punitive damages, and attorney's fees, the | ||||||
24 | suit may also
seek a full accounting of the records of all | ||||||
25 | sales to residents of or
entities within the State of Illinois. | ||||||
26 | (g) The Secretary of State shall revoke the
registration of |
| |||||||
| |||||||
1 | any vehicle with a plate that has been found to be in violation | ||||||
2 | of subsection (b) of this Section. The registration shall not | ||||||
3 | be reinstated until any fee that may be required by the | ||||||
4 | Secretary of State for reinstatement is paid. | ||||||
5 | (h) A violation of subsection (c) or (d) or a similar | ||||||
6 | provision of a local ordinance is a petty offense. | ||||||
7 | (i) Notwithstanding any other rulemaking authority that | ||||||
8 | may exist, neither the Governor nor any agency or agency head | ||||||
9 | under the jurisdiction of the Governor has any authority to | ||||||
10 | make or promulgate rules to implement or enforce the provisions | ||||||
11 | of this amendatory Act of the 95th General Assembly. If, | ||||||
12 | however, the Governor believes that rules are necessary to | ||||||
13 | implement or enforce the provisions of this amendatory Act of | ||||||
14 | the 95th General Assembly, the Governor may suggest rules to | ||||||
15 | the General Assembly by filing them with the Clerk of the House | ||||||
16 | and Secretary of the Senate and by requesting that the General | ||||||
17 | Assembly authorize such rulemaking by law, enact those | ||||||
18 | suggested rules into law, or take any other appropriate action | ||||||
19 | in the General Assembly's discretion. Nothing contained in this | ||||||
20 | amendatory Act of the 95th General Assembly shall be | ||||||
21 | interpreted to grant rulemaking authority under any other | ||||||
22 | Illinois statute where such authority is not otherwise | ||||||
23 | explicitly given. For the purposes of this amendatory Act of | ||||||
24 | the 95th General Assembly, "rules" is given the meaning | ||||||
25 | contained in Section 1-70 of the Illinois Administrative | ||||||
26 | Procedure Act, and "agency" and "agency head" are given the |
| |||||||
| |||||||
1 | meanings contained in Sections 1-20 and 1-25 of the Illinois | ||||||
2 | Administrative Procedure Act to the extent that such | ||||||
3 | definitions apply to agencies or agency heads under the | ||||||
4 | jurisdiction of the Governor. ".
|