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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
| |||||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Toll Highway Act is amended by changing | |||||||||||||||||||||||||||||||||||
5 | Section 10 as follows: | |||||||||||||||||||||||||||||||||||
6 | (605 ILCS 10/10) (from Ch. 121, par. 100-10)
| |||||||||||||||||||||||||||||||||||
7 | Sec. 10. The Authority shall have power:
| |||||||||||||||||||||||||||||||||||
8 | (a) To pass resolutions, make by-laws, rules and | |||||||||||||||||||||||||||||||||||
9 | regulations for the
management, regulation and control of its | |||||||||||||||||||||||||||||||||||
10 | affairs, and to fix tolls, and to
make, enact and enforce all | |||||||||||||||||||||||||||||||||||
11 | needful rules and regulations in connection
with the | |||||||||||||||||||||||||||||||||||
12 | construction, operation, management, care, regulation or
| |||||||||||||||||||||||||||||||||||
13 | protection of its property or any toll highways, constructed or
| |||||||||||||||||||||||||||||||||||
14 | reconstructed hereunder.
| |||||||||||||||||||||||||||||||||||
15 | (a-5) To fix, assess, and collect civil fines for a | |||||||||||||||||||||||||||||||||||
16 | vehicle's operation on
a toll highway without the required toll | |||||||||||||||||||||||||||||||||||
17 | having been paid.
The Authority may
establish by rule a system | |||||||||||||||||||||||||||||||||||
18 | of civil administrative adjudication to adjudicate
only | |||||||||||||||||||||||||||||||||||
19 | alleged
instances of a vehicle's operation on a toll highway | |||||||||||||||||||||||||||||||||||
20 | without the required toll
having been paid, as detected by the | |||||||||||||||||||||||||||||||||||
21 | Authority's video or photo
surveillance system or through the | |||||||||||||||||||||||||||||||||||
22 | alleged failure to remit payment within the allotted time | |||||||||||||||||||||||||||||||||||
23 | period after being recorded as a non-paying vehicle by a duly |
| |||||||
| |||||||
1 | authorized toll collector .
In cases in which the operator of | ||||||
2 | the vehicle is not the registered
vehicle owner, the | ||||||
3 | establishment of
ownership of the vehicle creates a rebuttable | ||||||
4 | presumption that the vehicle was
being operated by an agent
of | ||||||
5 | the registered vehicle owner. If the registered vehicle owner | ||||||
6 | liable for a
violation under this Section was
not the operator | ||||||
7 | of the vehicle at the time of the violation, the owner may
| ||||||
8 | maintain an action for
indemnification against the operator in | ||||||
9 | the circuit court.
Rules establishing a system of civil | ||||||
10 | administrative
adjudication must
provide for written notice,
| ||||||
11 | by first class mail or other means provided by law, to the | ||||||
12 | address of the
registered owner of the cited
vehicle as | ||||||
13 | recorded with the Secretary of State's vehicle registration | ||||||
14 | records or out of state governmental entity
State or to the | ||||||
15 | lessee of the cited
vehicle at the last address known
to the | ||||||
16 | lessor of the cited vehicle at the time of the lease,
of the
| ||||||
17 | alleged violation and an opportunity to be heard on the | ||||||
18 | question of the
violation and must provide for the | ||||||
19 | establishment of a toll-free telephone
number to receive | ||||||
20 | inquiries concerning alleged violations.
The notice shall also | ||||||
21 | inform the registered vehicle owner that failure to
contest in | ||||||
22 | the manner and time
provided shall be deemed an admission of | ||||||
23 | liability and that a final order of
liability may be entered on | ||||||
24 | that admission. A duly
authorized agent of the Authority may | ||||||
25 | perform
or execute the preparation, certification, | ||||||
26 | affirmation, or
mailing of the notice. A notice of violation, |
| |||||||
| |||||||
1 | sworn or affirmed to or certified
by a duly authorized agent of
| ||||||
2 | the Authority, or a facsimile of the notice, based upon an | ||||||
3 | inspection of
photographs, microphotographs,
videotape, or | ||||||
4 | other recorded images produced
by a video or photo surveillance | ||||||
5 | system, shall be admitted as
prima facie evidence of the | ||||||
6 | correctness of the facts contained in the notice or
facsimile.
| ||||||
7 | Only civil fines,
along with the corresponding outstanding | ||||||
8 | toll, and costs
may be imposed by
administrative adjudication. | ||||||
9 | A fine may be imposed under this paragraph only
if a violation | ||||||
10 | is established by a preponderance of the evidence. Judicial
| ||||||
11 | review of all final orders of the Authority under this | ||||||
12 | paragraph shall be
conducted in the circuit court of the county | ||||||
13 | in which the administrative decision was rendered in accordance | ||||||
14 | with the Administrative Review Law.
| ||||||
15 | Any outstanding toll, fine, additional late payment fine, | ||||||
16 | other
sanction,
or costs imposed, or part of any fine, other | ||||||
17 | sanction, or costs imposed, remaining unpaid after the | ||||||
18 | exhaustion of, or the failure to
exhaust, judicial review | ||||||
19 | procedures under the Administrative Review
Law are a debt due | ||||||
20 | and owing
the Authority and may be collected in accordance
with | ||||||
21 | applicable law. After expiration of the period in
which | ||||||
22 | judicial review under the Administrative Review Law may be
| ||||||
23 | sought,
unless stayed by a court of competent jurisdiction, a | ||||||
24 | final order of
the Authority under this subsection (a-5)
may be | ||||||
25 | enforced in
the same manner as a judgment entered by a court of | ||||||
26 | competent jurisdiction.
Notwithstanding any other provision of |
| |||||||
| |||||||
1 | this Act, the Authority may, with the approval of the Attorney | ||||||
2 | General, retain a law firm or law firms with expertise in the | ||||||
3 | collection of government fines and debts for the purpose of | ||||||
4 | collecting fines, costs, and other moneys due under this | ||||||
5 | subsection (a-5).
| ||||||
6 | A system of civil administrative adjudication may also | ||||||
7 | provide for a
program of vehicle
immobilization, tow, or | ||||||
8 | impoundment for the purpose of facilitating
enforcement of any | ||||||
9 | final order or orders of
the Authority under this subsection | ||||||
10 | (a-5) that result in a finding or liability for 5 or more | ||||||
11 | violations after
expiration of the period in which judicial | ||||||
12 | review under the Administrative Review Law may be sought. The | ||||||
13 | registered vehicle owner of a
vehicle immobilized, towed,
or | ||||||
14 | impounded for nonpayment of a final order
of the Authority | ||||||
15 | under this subsection (a-5) shall have the right
to request a | ||||||
16 | hearing before the Authority's civil administrative | ||||||
17 | adjudicatory
system to challenge the validity
of the | ||||||
18 | immobilization, tow, or impoundment.
This hearing, however, | ||||||
19 | shall not constitute a
readjudication of the merits of | ||||||
20 | previously adjudicated notices.
Judicial review of all final | ||||||
21 | orders of the
Authority under this subsection (a-5) shall be | ||||||
22 | conducted
in the circuit court of the county in which the | ||||||
23 | administrative decision was rendered in accordance with the | ||||||
24 | Administrative Review Law. | ||||||
25 | No commercial entity that is the lessor of a vehicle under | ||||||
26 | a written lease agreement shall be liable for an administrative |
| |||||||
| |||||||
1 | notice of violation for toll evasion issued under this | ||||||
2 | subsection (a-5) involving that vehicle during the period of | ||||||
3 | the lease if the lessor provides a copy of the leasing | ||||||
4 | agreement to the Authority within 21 days of the issue date on | ||||||
5 | the notice of violation. The leasing agreement also must | ||||||
6 | contain a provision or addendum informing the lessee that the | ||||||
7 | lessee is liable for payment of all tolls and any fines for | ||||||
8 | toll evasion. Each entity must also post a sign at the leasing | ||||||
9 | counter notifying the lessee of that liability. The copy of the | ||||||
10 | leasing agreement provided to the Authority must contain the | ||||||
11 | name, address, and driver's license number of the lessee, as | ||||||
12 | well as the check-out and return dates and times of the vehicle | ||||||
13 | and the vehicle license plate number and vehicle make and | ||||||
14 | model. | ||||||
15 | As used in this subsection (a-5), "lessor" includes | ||||||
16 | commercial leasing and rental entities but does not include | ||||||
17 | public passenger vehicle entities.
| ||||||
18 | The Authority shall establish an amnesty program for
| ||||||
19 | violations adjudicated under this subsection (a-5). Under the
| ||||||
20 | program, any person who has an outstanding notice of violation
| ||||||
21 | for toll evasion or a final order of a hearing officer for toll
| ||||||
22 | evasion dated prior to the effective date of this amendatory
| ||||||
23 | Act of the 94th General Assembly
and who pays to the
Authority | ||||||
24 | the full percentage amounts listed in this paragraph
remaining | ||||||
25 | due on the notice of violation or final order of the
hearing | ||||||
26 | officer and the full fees and costs paid by the Authority to |
| |||||||
| |||||||
1 | the Secretary of State relating to suspension proceedings, if | ||||||
2 | applicable, on or before 5:00 p.m., Central Standard Time,
of | ||||||
3 | the 60th day after the effective date of this amendatory Act
of | ||||||
4 | the 94th General Assembly shall not be required to pay more
| ||||||
5 | than the listed percentage of the original fine amount and
| ||||||
6 | outstanding toll as listed on the notice of violation or final
| ||||||
7 | order of the hearing officer and the full fees and costs paid | ||||||
8 | by the Authority to the Secretary of State relating to | ||||||
9 | suspension proceedings, if applicable. The payment percentage | ||||||
10 | scale
shall be as follows: a person with 25 or fewer violations | ||||||
11 | shall
be eligible for amnesty upon payment of 50% of the | ||||||
12 | original
fine amount and the outstanding tolls; a person with | ||||||
13 | more than
25 but fewer than 51 violations shall be eligible for | ||||||
14 | amnesty
upon payment of 60% of the original fine amount and the
| ||||||
15 | outstanding tolls; and a person with 51 or more violations
| ||||||
16 | shall be eligible for amnesty upon payment of 75% of the
| ||||||
17 | original fine amount and the outstanding tolls. In such a
| ||||||
18 | situation, the Executive Director of the Authority or his or
| ||||||
19 | her designee is authorized and directed to waive any late fine
| ||||||
20 | amount above the applicable percentage of the original fine
| ||||||
21 | amount. Partial payment of the amount due shall not be a basis
| ||||||
22 | to extend the amnesty payment deadline nor shall it act to
| ||||||
23 | relieve the person of liability for payment of the late fine
| ||||||
24 | amount. In order to receive amnesty, the full amount of the
| ||||||
25 | applicable percentage of the original fine amount and
| ||||||
26 | outstanding toll remaining due on the notice of violation or
|
| |||||||
| |||||||
1 | final order of the hearing officer and the full fees and costs | ||||||
2 | paid by the Authority to the Secretary of State relating to | ||||||
3 | suspension proceedings, if applicable, must be paid in full by | ||||||
4 | 5:00
p.m., Central Standard Time, of the 60th day after the
| ||||||
5 | effective date of this amendatory Act of the 94th General
| ||||||
6 | Assembly. This amendatory Act of the 94th General Assembly has
| ||||||
7 | no retroactive effect with regard to payments already tendered
| ||||||
8 | to the Authority that were full payments or payments in an
| ||||||
9 | amount greater than the applicable percentage, and this Act
| ||||||
10 | shall not be the basis for either a refund or a credit. This
| ||||||
11 | amendatory Act of the 94th General Assembly does not apply to
| ||||||
12 | toll evasion citations issued by the Illinois State Police or
| ||||||
13 | other authorized law enforcement agencies and for which payment
| ||||||
14 | may be due to or through the clerk of the circuit court. The
| ||||||
15 | Authority shall adopt rules as necessary to implement the
| ||||||
16 | provisions of this amendatory Act of the 94th General Assembly.
| ||||||
17 | The Authority, by a resolution of the Board of Directors, shall
| ||||||
18 | have the discretion to implement similar amnesty programs in
| ||||||
19 | the future.
The Authority, at its discretion and in | ||||||
20 | consultation with the Attorney
General, is further authorized | ||||||
21 | to settle an administrative fine or
penalty if it determines | ||||||
22 | that settling for less than the full amount
is in the best | ||||||
23 | interests of the Authority after taking into account
the | ||||||
24 | following factors:
(1) the merits of the Authority's claim | ||||||
25 | against the respondent;
(2) the amount that can be collected | ||||||
26 | relative to the
administrative fine or penalty owed by the |
| |||||||
| |||||||
1 | respondent;
(3) the cost of pursuing further enforcement or | ||||||
2 | collection
action against the respondent;
(4) the likelihood of | ||||||
3 | collecting the full amount owed; and
(5) the burden on the | ||||||
4 | judiciary.
The provisions in this Section may be extended to | ||||||
5 | other
toll facilities in the State of Illinois through a duly
| ||||||
6 | executed agreement between the Authority and
the operator of | ||||||
7 | the toll facility.
| ||||||
8 | (b) To prescribe rules and regulations applicable to | ||||||
9 | traffic on highways
under the jurisdiction of the Authority, | ||||||
10 | concerning:
| ||||||
11 | (1) Types of vehicles permitted to use such highways or | ||||||
12 | parts thereof,
and classification of such vehicles;
| ||||||
13 | (2) Designation of the lanes of traffic to be used by | ||||||
14 | the different
types of vehicles permitted upon said | ||||||
15 | highways;
| ||||||
16 | (3) Stopping, standing, and parking of vehicles;
| ||||||
17 | (4) Control of traffic by means of police officers or | ||||||
18 | traffic control
signals;
| ||||||
19 | (5) Control or prohibition of processions, convoys, | ||||||
20 | and assemblages of
vehicles and persons;
| ||||||
21 | (6) Movement of traffic in one direction only on | ||||||
22 | designated portions of
said highways;
| ||||||
23 | (7) Control of the access, entrance, and exit of | ||||||
24 | vehicles and persons to
and from said highways; and
| ||||||
25 | (8) Preparation, location and installation of all | ||||||
26 | traffic signs;
and to prescribe further rules and |
| |||||||
| |||||||
1 | regulations applicable to such traffic,
concerning matters | ||||||
2 | not provided for either in the foregoing enumeration or
in | ||||||
3 | the Illinois Vehicle Code. Notice of such rules and | ||||||
4 | regulations
shall be posted conspicuously and displayed at | ||||||
5 | appropriate points and at
reasonable intervals along said | ||||||
6 | highways, by clearly legible markers or
signs, to provide | ||||||
7 | notice of the existence of such rules and regulations to
| ||||||
8 | persons traveling on said highways. At each toll station, | ||||||
9 | the Authority
shall make available, free of charge, | ||||||
10 | pamphlets containing all of such
rules and regulations.
| ||||||
11 | (c) The Authority, in fixing the rate for tolls for the | ||||||
12 | privilege of
using the said toll highways, is authorized and | ||||||
13 | directed, in fixing such
rates, to base the same upon annual | ||||||
14 | estimates to be made, recorded and
filed with the Authority. | ||||||
15 | Said estimates shall include the following: The
estimated total | ||||||
16 | amount of the use of the toll highways; the estimated
amount of | ||||||
17 | the revenue to be derived therefrom, which said revenue, when
| ||||||
18 | added to all other receipts and income, will be sufficient to | ||||||
19 | pay the
expense of maintaining and operating said toll | ||||||
20 | highways, including the
administrative expenses of the | ||||||
21 | Authority, and to discharge all obligations
of the Authority as | ||||||
22 | they become due and payable.
| ||||||
23 | (d) To accept from any municipality or political | ||||||
24 | subdivision any lands,
easements or rights in land needed for | ||||||
25 | the operation, construction,
relocation or maintenance of any | ||||||
26 | toll highways, with or without payment
therefor, and in its |
| |||||||
| |||||||
1 | discretion to reimburse any such municipality or
political | ||||||
2 | subdivision out of its funds for any cost or expense incurred | ||||||
3 | in
the acquisition of land, easements or rights in land, in | ||||||
4 | connection with
the construction and relocation of the said | ||||||
5 | toll highways, widening,
extending roads, streets or avenues in | ||||||
6 | connection therewith, or for the
construction of any roads or | ||||||
7 | streets forming extension to and connections
with or between | ||||||
8 | any toll highways, or for the cost or expense of widening,
| ||||||
9 | grading, surfacing or improving any existing streets or roads | ||||||
10 | or the
construction of any streets and roads forming extensions | ||||||
11 | of or connections
with any toll highways constructed, | ||||||
12 | relocated, operated, maintained or
regulated hereunder by the | ||||||
13 | Authority. Where property owned by a
municipality or political | ||||||
14 | subdivision is necessary to the construction of
an approved | ||||||
15 | toll highway, if the Authority cannot reach an agreement with
| ||||||
16 | such municipality or political subdivision and if the use to | ||||||
17 | which the
property is being put in the hands of the | ||||||
18 | municipality or political
subdivision is not essential to the | ||||||
19 | existence or the administration of such
municipality or | ||||||
20 | political subdivision, the Authority may acquire the
property | ||||||
21 | by condemnation.
| ||||||
22 | (Source: P.A. 94-636, eff. 8-22-05.)
| ||||||
23 | Section 10. The Illinois Vehicle Code is amended by | ||||||
24 | changing Sections 3-413, 3-702, 3-704.2, 6-303, 6-306.7, | ||||||
25 | 12-503, and 12-610.5 and adding Section 12-610.6 as follows:
|
| |||||||
| |||||||
1 | (625 ILCS 5/3-413) (from Ch. 95 1/2, par. 3-413)
| ||||||
2 | Sec. 3-413. Display of registration plates, registration | ||||||
3 | stickers
and drive-away permits.
| ||||||
4 | (a) Registration plates issued for a
motor vehicle other | ||||||
5 | than a motorcycle, trailer, semitrailer,
truck-tractor, | ||||||
6 | apportioned bus, or apportioned truck shall be attached
| ||||||
7 | thereto, one in the front and one in the
rear. The registration | ||||||
8 | plate issued for a motorcycle, trailer or
semitrailer required | ||||||
9 | to be registered hereunder and any apportionment
plate issued | ||||||
10 | to a bus under the provisions of this Code shall be attached
to | ||||||
11 | the rear thereof. The registration plate issued for a | ||||||
12 | truck-tractor or
an apportioned truck required to be registered | ||||||
13 | hereunder shall be
attached to the front thereof.
| ||||||
14 | (b) Every registration plate shall at all times be securely | ||||||
15 | fastened
in a horizontal position to the vehicle for which it | ||||||
16 | is issued so as to
prevent the plate from swinging and at a | ||||||
17 | height of not less than 5
inches from the ground, measuring | ||||||
18 | from the bottom of such plate, in a
place and position to be | ||||||
19 | clearly visible and shall be maintained in a
condition to be | ||||||
20 | clearly legible, free
from any materials that would obstruct | ||||||
21 | the visibility or electronic image recording of the plate,
| ||||||
22 | including, but not limited to, glass covers and tinted plastic | ||||||
23 | covers and any covers, coating, wrappings, materials, | ||||||
24 | streaking, distorting,
holographic, reflective or other | ||||||
25 | devices that obstructs the visibility or
electronic image |
| |||||||
| |||||||
1 | recording of the plate. This subsection (b) shall not apply
to | ||||||
2 | automatic vehicle identification transponder devices, cards or | ||||||
3 | chips
issued by a governmental body for the purpose of | ||||||
4 | electronic payment of tolls
or other authorized payments, the | ||||||
5 | exemption of which shall preempt any local
legislation to the | ||||||
6 | contrary . Clear
plastic covers are permissible as long as they | ||||||
7 | remain clear and do not obstruct
the visibility or electronic | ||||||
8 | image recording of the plates. If a Department of State Police | ||||||
9 | Officer or local
law enforcement officer having jurisdiction | ||||||
10 | observes that a cover or other
device or material or substance | ||||||
11 | is obstructing the visibility or electronic
image recording of | ||||||
12 | the plate, the officer shall issue a Uniform Traffic
Citation | ||||||
13 | and shall confiscate the cover or other device that obstructs | ||||||
14 | the
visibility or electronic image recording of the plate. If | ||||||
15 | the Department of State Police Officer or
local law enforcement | ||||||
16 | officer having jurisdiction observes that the plate itself
has | ||||||
17 | been physically treated with a substance or material that is | ||||||
18 | obstructing
the visibility or electronic image recording of the | ||||||
19 | plate, the officer
shall issue a Uniform Traffic Citation and | ||||||
20 | shall confiscate the plate. A fine
of $750 shall be imposed in | ||||||
21 | any instance where a plate cover obstructs the
visibility or | ||||||
22 | electronic image recording of the plate. A fine of $1,000 shall
| ||||||
23 | be imposed where a plate has been physically altered with any | ||||||
24 | chemical or
reflective substance or coating that obstructs the | ||||||
25 | visibility or electronic
image recording of the plate. The | ||||||
26 | Secretary of State shall revoke the
registration of any plate |
| |||||||
| |||||||
1 | that has been found by a court or administrative
tribunal to | ||||||
2 | have been physically altered with any chemical or reflective
| ||||||
3 | substance or coating that obstructs the visibility or | ||||||
4 | electronic image
recording of the plate. Registration stickers | ||||||
5 | issued as
evidence of renewed annual registration shall be | ||||||
6 | attached to registration
plates as required by the Secretary of | ||||||
7 | State, and be clearly visible at
all times.
| ||||||
8 | The Illinois Attorney General may file suit against any | ||||||
9 | individual or
entity offering or marketing the sale, including | ||||||
10 | via the Internet, of any
product advertised as having the | ||||||
11 | capacity to obstruct the visibility or
electronic image | ||||||
12 | recording of a license plate. In addition to injunctive and
| ||||||
13 | monetary relief, punitive damages and attorneys fees, the suit | ||||||
14 | shall also
seek a full accounting of the records of all sales | ||||||
15 | to residents of or
entities within the State of Illinois.
| ||||||
16 | (c) Every drive-away permit issued pursuant to this
Code | ||||||
17 | shall
be firmly attached to the motor vehicle in the manner | ||||||
18 | prescribed by the Secretary of State. If a drive-away permit is | ||||||
19 | affixed to a motor vehicle in any other manner the
permit shall | ||||||
20 | be void and of no effect.
| ||||||
21 | (d) The Illinois prorate decal issued to a foreign | ||||||
22 | registered
vehicle part of a fleet prorated or apportioned with | ||||||
23 | Illinois, shall be
displayed on a registration plate and | ||||||
24 | displayed on the front of such
vehicle in the same manner as an | ||||||
25 | Illinois registration plate.
| ||||||
26 | (e) The registration plate issued for a camper body mounted |
| |||||||
| |||||||
1 | on a
truck displaying registration plates shall be attached to | ||||||
2 | the rear of
the camper body.
| ||||||
3 | (f) No person shall operate a vehicle, nor permit the | ||||||
4 | operation of a
vehicle, upon which is displayed an Illinois | ||||||
5 | registration plate, plates
or registration stickers after the | ||||||
6 | termination of the registration
period for which issued or | ||||||
7 | after the expiration date set pursuant to
Sections 3-414 and | ||||||
8 | 3-414.1 of this Code.
| ||||||
9 | (Source: P.A. 92-668, eff. 1-1-03; 92-680, eff. 7-16-02; | ||||||
10 | revised 10-2-02.)
| ||||||
11 | (625 ILCS 5/3-702) (from Ch. 95 1/2, par. 3-702)
| ||||||
12 | Sec. 3-702. Operation of vehicle when registration | ||||||
13 | cancelled,
suspended or revoked.
| ||||||
14 | (a) No person shall operate, nor shall an owner
knowingly | ||||||
15 | permit to be operated, upon any highway:
| ||||||
16 | (1) A vehicle the registration of which has been | ||||||
17 | cancelled,
suspended or revoked; or
| ||||||
18 | (2) A vehicle properly registered in another | ||||||
19 | Reciprocal State,
the foreign registration of which, or the | ||||||
20 | Illinois Reciprocity
Permit or Decal of which, has been | ||||||
21 | cancelled, suspended or revoked.
| ||||||
22 | (b) No person shall use, nor shall any owner use or | ||||||
23 | knowingly permit the
use of any Illinois registration plate, | ||||||
24 | plates or registration sticker,
or any Illinois Reciprocity | ||||||
25 | Permit or Prorate Decal which has
been cancelled, suspended or |
| |||||||
| |||||||
1 | revoked.
| ||||||
2 | (c) Any violation of this Section is a Class A misdemeanor | ||||||
3 | unless:
| ||||||
4 | 1. the registration of the motor vehicle has been | ||||||
5 | suspended for
noninsurance, then the provisions of Section | ||||||
6 | 3-708 of this Code apply in
lieu of this Section.
| ||||||
7 | 2. the registration of the motor vehicle has been | ||||||
8 | suspended for
failure to purchase a vehicle tax sticker | ||||||
9 | pursuant to Section 3-704.1 of
this Code, then the
| ||||||
10 | violation shall be considered a business offense and the | ||||||
11 | person shall be
required to pay a fine in excess of $500, | ||||||
12 | but not more than $1,000.
| ||||||
13 | (d) Any person whose suspension was based on Section | ||||||
14 | 3-704.2 of this Code relating to unpaid toll violations, in | ||||||
15 | addition to other penalties imposed under this Section, shall | ||||||
16 | have his or her motor vehicle immediately impounded by the | ||||||
17 | arresting law enforcement officer. The motor vehicle may be | ||||||
18 | released to any licensed driver upon a showing of proof of | ||||||
19 | payment in full of all fines, penalties and fees related to the | ||||||
20 | unpaid toll violations and the notarized written consent for | ||||||
21 | the release by the vehicle owner.
| ||||||
22 | (Source: P.A. 86-149; 87-1225 .)
| ||||||
23 | (625 ILCS 5/3-704.2)
| ||||||
24 | Sec. 3-704.2. Failure to satisfy fines or penalties for | ||||||
25 | toll violations or
evasions; suspension of vehicle |
| |||||||
| |||||||
1 | registration.
| ||||||
2 | (a) Upon receipt of a certified report, as prescribed by | ||||||
3 | subsection (c) of
this Section, from the Authority stating that | ||||||
4 | the owner of a registered vehicle
has failed to satisfy any | ||||||
5 | fine or penalty resulting from a final order issued
by the | ||||||
6 | Authority relating directly or indirectly to 5 or more toll | ||||||
7 | violations,
toll evasions, or both, the Secretary of State | ||||||
8 | shall suspend
the vehicle registration of the person in
| ||||||
9 | accordance with the procedures set forth in this Section.
| ||||||
10 | (b) Following receipt of the certified report of the | ||||||
11 | Authority as specified
in the Section, the Secretary of State | ||||||
12 | shall notify the person whose name
appears on the certified | ||||||
13 | report that the person's vehicle
registration will be suspended | ||||||
14 | at the end of a specified period
unless the Secretary of State | ||||||
15 | is presented with a notice from the
Authority certifying that | ||||||
16 | the fines or penalties and other costs incurred by the | ||||||
17 | Authority due to the suspension proceedings, including but not | ||||||
18 | limited to the filing fees and hearing fees paid by the | ||||||
19 | Authority to the Secretary of State, owing the Authority have | ||||||
20 | been
satisfied or that inclusion of that person's name on the | ||||||
21 | certified report was
in error. The Secretary's notice shall | ||||||
22 | state in substance the information
contained in the Authority's | ||||||
23 | certified report to the Secretary, and shall be
effective as | ||||||
24 | specified by subsection (c) of Section 6-211 of this Code.
| ||||||
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 and , last known address, as recorded in | ||||||
3 | the 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 with the Secretary of State's vehicle | ||||||
14 | registrator records
State ; the date on which the notice was
| ||||||
15 | 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) The Authority shall, by rule, establish procedures for | ||||||
5 | persons to
challenge the accuracy of the certified report made | ||||||
6 | pursuant to this Section.
The
rule shall also provide the | ||||||
7 | grounds for a challenge, which may be
limited to:
| ||||||
8 | (1) the person not having been the owner or lessee of | ||||||
9 | the vehicle
or
vehicles receiving 5 or more toll violations
| ||||||
10 | violation or toll evasions
evasion notices on the date
of | ||||||
11 | the violations in the notice
or dates the notices were | ||||||
12 | issued ; or
| ||||||
13 | (2) the person having already satisfied
the fines or | ||||||
14 | penalties for the 5 or more toll violations or toll | ||||||
15 | evasions
indicated on the certified report.
| ||||||
16 | (f) All notices sent by the Authority to persons involved | ||||||
17 | in administrative
adjudications, hearings, and final orders | ||||||
18 | issued pursuant to rules
implementing subsection (a-5) of | ||||||
19 | Section 10 of the Toll Highway Act shall state
that failure
to | ||||||
20 | satisfy any fine or penalty imposed by the Authority shall | ||||||
21 | result in the
Secretary of State suspending the driving | ||||||
22 | privileges, vehicle registration,
or both, of the person | ||||||
23 | failing to satisfy the fines or penalties imposed by the
| ||||||
24 | Authority.
| ||||||
25 | (g) A person may request an administrative hearing to | ||||||
26 | contest an impending
suspension or a
suspension made
pursuant |
| |||||||
| |||||||
1 | to this Section upon filing a written request with the
| ||||||
2 | Secretary. The filing fee for this hearing is $20, to be paid
| ||||||
3 | at the time of the request. The Authority shall reimburse the | ||||||
4 | Secretary
for all reasonable costs incurred by the Secretary as | ||||||
5 | a result of the
filing of a certified report pursuant to this | ||||||
6 | Section, including, but not
limited to, the costs of providing | ||||||
7 | notice required pursuant to subsection (b)
and the costs | ||||||
8 | incurred
by the Secretary in any hearing conducted with respect | ||||||
9 | to the report pursuant
to this subsection and any appeal from | ||||||
10 | that hearing.
| ||||||
11 | (h) The Secretary and the Authority may promulgate rules to | ||||||
12 | enable
them to carry out their duties under this Section.
| ||||||
13 | (i) The Authority shall cooperate with the Secretary in the
| ||||||
14 | administration of this Section and shall provide the Secretary | ||||||
15 | with any
information the Secretary may deem necessary for these | ||||||
16 | purposes, including
regular and timely access to toll violation | ||||||
17 | enforcement records.
| ||||||
18 | The Secretary shall cooperate with the Authority in the
| ||||||
19 | administration of this Section and shall provide the Authority | ||||||
20 | with any
information the Authority may deem necessary for the | ||||||
21 | purposes of this Section,
including regular and timely access | ||||||
22 | to vehicle registration records. Section
2-123 of this Code | ||||||
23 | shall not apply to the provision of this information, but
the | ||||||
24 | Secretary shall be reimbursed for the cost of providing this | ||||||
25 | information.
| ||||||
26 | (j) For purposes of this Section, the term "Authority" |
| |||||||
| |||||||
1 | means the
Illinois State Toll Highway Authority.
| ||||||
2 | (k) This Section may be extended to other toll facilities | ||||||
3 | in the State of Illinois through a duly executed agreement | ||||||
4 | between the Authority and the operator of the toll facility.
| ||||||
5 | (Source: P.A. 91-277, eff. 1-1-00.)
| ||||||
6 | (625 ILCS 5/6-303) (from Ch. 95 1/2, par. 6-303)
| ||||||
7 | Sec. 6-303. Driving while driver's license, permit or | ||||||
8 | privilege to
operate a motor vehicle is suspended or revoked.
| ||||||
9 | (a) Any person who drives or is in actual physical control | ||||||
10 | of a motor
vehicle on any highway of this State at a time when | ||||||
11 | such person's driver's
license, permit or privilege to do so or | ||||||
12 | the privilege to obtain a driver's
license or permit is revoked | ||||||
13 | or suspended as provided by this Code or the law
of another | ||||||
14 | state, except as may be specifically allowed by a judicial | ||||||
15 | driving
permit, family financial responsibility driving | ||||||
16 | permit, probationary
license to drive, or a restricted driving | ||||||
17 | permit issued pursuant to this Code
or under the law of another | ||||||
18 | state, shall be guilty of a Class A misdemeanor.
| ||||||
19 | (b) The Secretary of State upon receiving a report of the | ||||||
20 | conviction
of any violation indicating a person was operating a | ||||||
21 | motor vehicle during
the time when said person's driver's | ||||||
22 | license, permit or privilege was
suspended by the Secretary, by | ||||||
23 | the appropriate authority of another state,
or pursuant to | ||||||
24 | Section 11-501.1; except as may
be specifically allowed by a | ||||||
25 | probationary license to drive, judicial
driving permit or |
| |||||||
| |||||||
1 | restricted driving permit issued pursuant to this Code or
the | ||||||
2 | law of another state;
shall extend the suspension for the same | ||||||
3 | period of time as the originally
imposed suspension; however, | ||||||
4 | if the period of suspension has then expired,
the Secretary | ||||||
5 | shall be authorized to suspend said person's driving
privileges | ||||||
6 | for the same period of time as the originally imposed
| ||||||
7 | suspension; and if the conviction was upon a charge which | ||||||
8 | indicated that a
vehicle was operated during the time when the | ||||||
9 | person's driver's license,
permit or privilege was revoked; | ||||||
10 | except as may be allowed by a restricted
driving permit issued | ||||||
11 | pursuant to this Code or the law of another state;
the | ||||||
12 | Secretary shall not issue
a driver's license for an additional | ||||||
13 | period of one year from the date of
such conviction indicating | ||||||
14 | such person was operating a vehicle during such
period of | ||||||
15 | revocation.
| ||||||
16 | (c) Any person convicted of violating this Section shall | ||||||
17 | serve a minimum
term of imprisonment of 10 consecutive days or | ||||||
18 | 30
days of community service
when the person's driving | ||||||
19 | privilege was revoked or suspended as a result of:
| ||||||
20 | (1) a violation of Section 11-501 of this Code or a | ||||||
21 | similar provision
of a local ordinance relating to the | ||||||
22 | offense of operating or being in physical
control of a | ||||||
23 | vehicle while under the influence of alcohol, any other | ||||||
24 | drug
or any combination thereof; or
| ||||||
25 | (2) a violation of paragraph (b) of Section 11-401 of | ||||||
26 | this Code or a
similar provision of a local ordinance |
| |||||||
| |||||||
1 | relating to the offense of leaving the
scene of a motor | ||||||
2 | vehicle accident involving personal injury or death; or
| ||||||
3 | (3) a violation of Section 9-3 of the Criminal Code of | ||||||
4 | 1961, as amended,
relating to the offense of reckless | ||||||
5 | homicide; or
| ||||||
6 | (4) a statutory summary suspension under Section | ||||||
7 | 11-501.1 of this
Code.
| ||||||
8 | Such sentence of imprisonment or community service shall | ||||||
9 | not be subject
to suspension in order to reduce such sentence.
| ||||||
10 | (c-1) Except as provided in subsection (d), any person | ||||||
11 | convicted of a
second violation of this Section shall be | ||||||
12 | ordered by the court to serve a
minimum
of 100 hours of | ||||||
13 | community service.
| ||||||
14 | (c-2) In addition to other penalties imposed under this | ||||||
15 | Section, the
court may impose on any person convicted a fourth | ||||||
16 | time of violating this
Section any of
the following:
| ||||||
17 | (1) Seizure of the license plates of the person's | ||||||
18 | vehicle.
| ||||||
19 | (2) Immobilization of the person's vehicle for a period | ||||||
20 | of time
to be determined by the court.
| ||||||
21 | (d) Any person convicted of a second violation of this
| ||||||
22 | Section shall be guilty of a Class 4 felony and shall serve a | ||||||
23 | minimum term of
imprisonment of 30 days or 300 hours of | ||||||
24 | community service, as determined by the
court, if the
| ||||||
25 | revocation or
suspension was for a violation of Section 11-401 | ||||||
26 | or 11-501 of this Code,
or a similar out-of-state offense, or a |
| |||||||
| |||||||
1 | similar provision of a local
ordinance, a violation of Section | ||||||
2 | 9-3 of the Criminal Code of 1961, relating
to the offense of | ||||||
3 | reckless homicide, or a similar out-of-state offense, or a
| ||||||
4 | statutory summary suspension under Section 11-501.1 of this | ||||||
5 | Code.
| ||||||
6 | (d-1) Except as provided in subsection (d-2) and subsection | ||||||
7 | (d-3), any
person convicted of
a third or subsequent violation | ||||||
8 | of this Section shall serve a minimum term of
imprisonment of | ||||||
9 | 30 days or 300 hours of community service, as determined by the
| ||||||
10 | court.
| ||||||
11 | (d-2) Any person convicted of a third violation of this
| ||||||
12 | Section is guilty of a Class 4 felony and must serve a minimum | ||||||
13 | term of
imprisonment of 30 days if the revocation or
suspension | ||||||
14 | was for a violation of Section 11-401 or 11-501 of this Code,
| ||||||
15 | or a similar out-of-state offense, or a similar provision of a | ||||||
16 | local
ordinance, a violation of Section 9-3 of the Criminal | ||||||
17 | Code of 1961, relating
to the offense of reckless homicide, or | ||||||
18 | a similar out-of-state offense, or a
statutory summary | ||||||
19 | suspension under Section 11-501.1 of this Code.
| ||||||
20 | (d-3) Any person convicted of a fourth, fifth, sixth, | ||||||
21 | seventh, eighth, or ninth violation of this
Section is guilty | ||||||
22 | of a Class 4 felony and must serve a minimum term of
| ||||||
23 | imprisonment of 180 days if the revocation or suspension was | ||||||
24 | for a
violation of Section 11-401 or 11-501 of this Code, or a | ||||||
25 | similar out-of-state
offense, or a similar provision of a local | ||||||
26 | ordinance, a violation of
Section 9-3 of the Criminal Code of |
| |||||||
| |||||||
1 | 1961, relating to the offense of
reckless homicide, or a | ||||||
2 | similar out-of-state offense, or a statutory
summary | ||||||
3 | suspension under Section 11-501.1 of this Code.
| ||||||
4 | (d-4) Any person convicted of a tenth, eleventh, twelfth, | ||||||
5 | thirteenth, or fourteenth violation of this Section is guilty | ||||||
6 | of a Class 3 felony, and is not eligible for probation or | ||||||
7 | conditional discharge, if the revocation or suspension was for | ||||||
8 | a violation of Section 11-401 or 11-501 of this Code, or a | ||||||
9 | similar out-of-state offense, or a similar provision of a local | ||||||
10 | ordinance, a violation of Section 9-3 of the Criminal Code of | ||||||
11 | 1961, relating to the offense of reckless homicide, or a | ||||||
12 | similar out-of-state offense, or a statutory summary | ||||||
13 | suspension under Section 11-501.1 of this Code. | ||||||
14 | (d-5) Any person convicted of a fifteenth or subsequent | ||||||
15 | violation of this Section is guilty of a Class 2 felony, and is | ||||||
16 | not eligible for probation or conditional discharge, if the | ||||||
17 | revocation or suspension was for a violation of Section 11-401 | ||||||
18 | or 11-501 of this Code, or a similar out-of-state offense, or a | ||||||
19 | similar provision of a local ordinance, a violation of Section | ||||||
20 | 9-3 of the Criminal Code of 1961, relating to the offense of | ||||||
21 | reckless homicide, or a similar out-of-state offense, or a | ||||||
22 | statutory summary suspension under Section 11-501.1 of this | ||||||
23 | Code.
| ||||||
24 | (e) Any person in violation of this Section who is also in | ||||||
25 | violation of
Section 7-601 of this Code relating to mandatory | ||||||
26 | insurance requirements, in
addition to other penalties imposed |
| |||||||
| |||||||
1 | under this Section, shall have his or her
motor vehicle | ||||||
2 | immediately impounded by the arresting law enforcement | ||||||
3 | officer.
The motor vehicle may be released to any licensed | ||||||
4 | driver upon a showing of
proof of insurance for the vehicle | ||||||
5 | that was impounded and the notarized written
consent for the | ||||||
6 | release by the vehicle owner.
| ||||||
7 | (f) For any prosecution under this Section, a certified | ||||||
8 | copy of the
driving abstract of the defendant shall be admitted | ||||||
9 | as proof of any prior
conviction.
| ||||||
10 | (g) The motor vehicle used in a violation of this Section | ||||||
11 | is subject
to seizure and forfeiture as provided in Sections | ||||||
12 | 36-1 and 36-2 of the
Criminal Code of 1961 if the person's | ||||||
13 | driving privilege was revoked
or suspended as a result of a | ||||||
14 | violation listed in paragraph (1), (2), or
(3) of subsection | ||||||
15 | (c) of this Section or as a result of a summary
suspension as | ||||||
16 | provided in paragraph (4) of subsection (c) of this
Section.
| ||||||
17 | (h) Any person whose suspension was based on Section | ||||||
18 | 6-306.7 of this Code relating to unpaid toll violations, in | ||||||
19 | addition to other penalties imposed under this Section, shall | ||||||
20 | have his or her motor vehicle immediately impounded by the | ||||||
21 | arresting law enforcement officer. The motor vehicle may be | ||||||
22 | released to any licensed driver upon a showing of proof of | ||||||
23 | payment in full of all fines, penalties, and fees related to | ||||||
24 | the unpaid toll violations and the notarized written consent | ||||||
25 | for the release by the vehicle owner.
| ||||||
26 | (Source: P.A. 94-112, eff. 1-1-06.)
|
| |||||||
| |||||||
1 | (625 ILCS 5/6-306.7)
| ||||||
2 | Sec. 6-306.7. Failure to satisfy fines or penalties for | ||||||
3 | toll violations or
evasions; suspension of driving privileges.
| ||||||
4 | (a) Upon receipt of a certified report, as prescribed by | ||||||
5 | subsection (c) of
this Section, from the Authority stating that | ||||||
6 | the owner of a registered vehicle
has failed to satisfy any | ||||||
7 | fine or penalty resulting from a final order issued
by the | ||||||
8 | Authority relating directly or indirectly to 5 or more toll | ||||||
9 | violations,
toll evasions, or both, the Secretary of State | ||||||
10 | shall suspend the
driving privileges of the person in
| ||||||
11 | accordance with the procedures set forth in this Section.
| ||||||
12 | (b) Following receipt of the certified report of the | ||||||
13 | Authority as specified
in the Section, the Secretary of State | ||||||
14 | shall notify the person whose name
appears on the certified | ||||||
15 | report that the person's driver's license
will be suspended at | ||||||
16 | the end of a specified period
unless the Secretary of State is | ||||||
17 | presented with a notice from the
Authority certifying that the | ||||||
18 | fines or penalties and other costs incurred by the Authority | ||||||
19 | due to the suspension proceedings, including but not limited to | ||||||
20 | the filing fees and hearing fees paid by the Authority to the | ||||||
21 | Secretary of State, owing the Authority have been
satisfied or | ||||||
22 | that inclusion of that person's name on the certified report | ||||||
23 | was
in error. The Secretary's notice shall state in substance | ||||||
24 | the information
contained in the Authority's certified report | ||||||
25 | to the Secretary, and shall be
effective as specified by |
| |||||||
| |||||||
1 | subsection (c) of Section 6-211 of this Code, except as to | ||||||
2 | those drivers who also have been issued a CDL. If a person also | ||||||
3 | has been issued a CDL, notice of suspension of that person's | ||||||
4 | driver's license must be given in writing by certified mail and | ||||||
5 | is effective on the date listed in the notice of suspension, | ||||||
6 | except that the notice is not effective until 4 days after the | ||||||
7 | date on which the notice was deposited into the United States | ||||||
8 | mail. The notice becomes effective 4 days after its deposit | ||||||
9 | into the United States mail regardless of whether the Secretary | ||||||
10 | of State receives the return receipt and regardless of whether | ||||||
11 | the written notification is returned for any reason to the | ||||||
12 | Secretary of State as undeliverable.
| ||||||
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 and
, last known address, as recorded in | ||||||
17 | the Secretary of State's vehicle registration records,
and | ||||||
18 | driver's license number of the
person
who failed to satisfy | ||||||
19 | the fines or penalties and the registration number of any
| ||||||
20 | vehicle known to be registered in this State to that | ||||||
21 | person.
| ||||||
22 | (2) A statement that the Authority sent a notice of | ||||||
23 | impending suspension
of the person's driver's
license, | ||||||
24 | vehicle registration,
or both, as prescribed by rules | ||||||
25 | enacted pursuant to subsection (a-5) of
Section
10 of the | ||||||
26 | Toll Highway Act, to the person named in the report at the
|
| |||||||
| |||||||
1 | address recorded with the Secretary of State's vehicle | ||||||
2 | registration records
State ; the date on which the notice | ||||||
3 | was
sent; and the address to which the notice was sent.
| ||||||
4 | (d) The Authority, after making a certified report to the | ||||||
5 | Secretary
pursuant to this Section, shall notify the Secretary, | ||||||
6 | on a form prescribed by
the Secretary, whenever a person named | ||||||
7 | in the certified report has satisfied
the previously reported | ||||||
8 | fines or penalties and other costs incurred by the Authority | ||||||
9 | due to the suspension proceedings, including but not limited to | ||||||
10 | the filing fees and hearing fees paid by the Authority to the | ||||||
11 | Secretary of State, or whenever the Authority determines
that | ||||||
12 | the original report was in error. A certified copy of the | ||||||
13 | notification
shall also be given upon request and at no | ||||||
14 | additional charge to the person
named therein. Upon receipt of | ||||||
15 | the Authority's notification or presentation of
a certified | ||||||
16 | copy of the notification, the Secretary shall terminate
the | ||||||
17 | suspension.
| ||||||
18 | (e) The Authority shall, by rule, establish procedures for | ||||||
19 | persons to
challenge the accuracy of the certified report made | ||||||
20 | pursuant to this Section.
The
rule shall also provide the | ||||||
21 | grounds for a challenge, which may be
limited to:
| ||||||
22 | (1) the person not having been the owner or lessee of | ||||||
23 | the vehicle
or
vehicles receiving 5 or more toll violations | ||||||
24 | or toll evasions
evasion notices on the
date
of the | ||||||
25 | violations in the notices
or dates the notices were issued ; | ||||||
26 | or
|
| |||||||
| |||||||
1 | (2) the person having already satisfied
the fines or | ||||||
2 | penalties for the 5 or more toll violations or toll | ||||||
3 | evasions
indicated on the certified report.
| ||||||
4 | (f) All notices sent by the Authority to persons involved | ||||||
5 | in administrative
adjudications, hearings, and final orders | ||||||
6 | issued pursuant to rules
implementing subsection (a-5) of | ||||||
7 | Section 10 of the Toll Highway Act shall state
that failure
to | ||||||
8 | satisfy any fine or penalty imposed by the Authority shall | ||||||
9 | result in the
Secretary of State suspending the driving | ||||||
10 | privileges, vehicle registration,
or both, of the person | ||||||
11 | failing to satisfy the fines or penalties imposed by the
| ||||||
12 | Authority.
| ||||||
13 | (g) A person may request an administrative hearing to | ||||||
14 | contest an impending
suspension or a
suspension made
pursuant | ||||||
15 | to this Section upon filing a written request with the
| ||||||
16 | Secretary. The filing fee for this hearing is $20, to be paid
| ||||||
17 | at the time of the request. The Authority shall reimburse the | ||||||
18 | Secretary
for all reasonable costs incurred by the Secretary as | ||||||
19 | a result of the
filing of a certified report pursuant to this | ||||||
20 | Section, including, but not
limited to, the costs of providing | ||||||
21 | notice required pursuant to subsection (b)
and the costs | ||||||
22 | incurred
by the Secretary in any hearing conducted with respect | ||||||
23 | to the report pursuant
to this subsection and any appeal from | ||||||
24 | that hearing.
| ||||||
25 | (h) The Secretary and the Authority may promulgate rules to | ||||||
26 | enable
them to carry out their duties under this Section.
|
| |||||||
| |||||||
1 | (i) The Authority shall cooperate with the Secretary in the
| ||||||
2 | administration of this Section and shall provide the Secretary | ||||||
3 | with any
information the Secretary may deem necessary for these | ||||||
4 | purposes, including
regular and timely access to toll violation | ||||||
5 | enforcement records.
| ||||||
6 | The Secretary shall cooperate with the Authority in the
| ||||||
7 | administration of this Section and shall provide the Authority | ||||||
8 | with any
information the Authority may deem necessary for the | ||||||
9 | purposes of this Section,
including regular and timely access | ||||||
10 | to vehicle registration records. Section
2-123 of this Code | ||||||
11 | shall not apply to the provision of this information, but
the | ||||||
12 | Secretary shall be reimbursed for the cost of providing this | ||||||
13 | information.
| ||||||
14 | (j) For purposes of this Section, the term "Authority" | ||||||
15 | means the
Illinois State Toll Highway Authority.
| ||||||
16 | (k) This Section may be extended to other toll facilities | ||||||
17 | in the State of Illinois through a duly executed agreement | ||||||
18 | between the Authority and the operator of the toll facility.
| ||||||
19 | (Source: P.A. 94-218, eff. 7-1-06 .)
| ||||||
20 | (625 ILCS 5/12-503) (from Ch. 95 1/2, par. 12-503)
| ||||||
21 | Sec. 12-503. Windshields must be unobstructed and equipped | ||||||
22 | with wipers.
| ||||||
23 | (a) No person shall drive a motor vehicle with any sign, | ||||||
24 | poster, window
application, reflective material, nonreflective | ||||||
25 | material or tinted film
upon the front windshield, sidewings or |
| |||||||
| |||||||
1 | side windows immediately adjacent
to each side of the driver. A | ||||||
2 | nonreflective tinted film may be used along
the uppermost | ||||||
3 | portion of the windshield if such material does not extend
more | ||||||
4 | than 6 inches down from the top of the windshield. Nothing in | ||||||
5 | this
Section shall create a cause of action on behalf of a | ||||||
6 | buyer against a
dealer or manufacturer who sells a motor | ||||||
7 | vehicle with a window which is in
violation of this Section.
| ||||||
8 | (b) Nothing contained in this Section shall prohibit the | ||||||
9 | use of
nonreflective, smoked or tinted glass, nonreflective | ||||||
10 | film, perforated
window screen or other decorative window | ||||||
11 | application on windows to the rear
of the driver's seat, except | ||||||
12 | that any motor vehicle with a window to the
rear of the | ||||||
13 | driver's seat treated in this manner shall be equipped with a
| ||||||
14 | side mirror on each side of the motor vehicle which are in | ||||||
15 | conformance with
Section 12-502.
| ||||||
16 | (c) No person shall drive a motor vehicle with any objects | ||||||
17 | placed or
suspended between the driver and the front | ||||||
18 | windshield, rear
window, side wings or side windows immediately | ||||||
19 | adjacent to each side of
the driver which materially obstructs | ||||||
20 | the driver's view. This subsection (c) does not apply to | ||||||
21 | automatic vehicle identification transponder devices, cards, | ||||||
22 | or chips, issued by a governmental body for the purpose of | ||||||
23 | electronic payment of tolls or other authorized payments, the | ||||||
24 | exemption of which preempts any local legislation to the | ||||||
25 | contrary.
| ||||||
26 | (d) Every motor vehicle, except motorcycles, shall be |
| |||||||
| |||||||
1 | equipped with a
device, controlled by the driver, for cleaning | ||||||
2 | rain, snow, moisture or other
obstructions from the windshield; | ||||||
3 | and no person shall drive a motor vehicle
with snow, ice, | ||||||
4 | moisture or other material on any of the windows or
mirrors, | ||||||
5 | which materially obstructs the driver's clear view of the | ||||||
6 | highway.
| ||||||
7 | (e) No person shall drive a motor vehicle when the | ||||||
8 | windshield, side or
rear windows are in such defective | ||||||
9 | condition or repair as to materially
impair the driver's view | ||||||
10 | to the front, side or rear. A vehicle equipped
with a side | ||||||
11 | mirror on each side of the vehicle which are in conformance
| ||||||
12 | with Section 12-502 will be deemed to be in compliance in the | ||||||
13 | event the
rear window of the vehicle is materially obscured.
| ||||||
14 | (f) Paragraphs (a) and (b) of this Section shall not apply | ||||||
15 | to:
| ||||||
16 | (1) motor vehicles manufactured prior to January 1, | ||||||
17 | 1982; or
| ||||||
18 | (2) to those motor vehicles properly registered in | ||||||
19 | another jurisdiction.
| ||||||
20 | (g) Paragraph (a) of this Section shall not apply to any | ||||||
21 | motor vehicle with
a window treatment, including but not | ||||||
22 | limited to a window application,
reflective material, | ||||||
23 | nonreflective material, or tinted film, applied or affixed
to | ||||||
24 | the motor vehicle for the purposes set forth in item (1) or (2) | ||||||
25 | before the
effective date of this amendatory Act of 1997 and:
| ||||||
26 | (1) that is owned and operated by a person afflicted |
| |||||||
| |||||||
1 | with or suffering
from a medical illness, ailment, or | ||||||
2 | disease which would require that person
to be shielded from | ||||||
3 | the direct rays of the sun; or
| ||||||
4 | (2) that is used in transporting a person when the | ||||||
5 | person
resides at
the same address as the registered owner | ||||||
6 | of the vehicle and the
person is
afflicted with or | ||||||
7 | suffering from a medical illness, ailment or disease
which | ||||||
8 | would require the person to be shielded from the direct | ||||||
9 | rays
of the
sun;
| ||||||
10 | It must be certified by a physician licensed to | ||||||
11 | practice medicine in
Illinois that such person owning and | ||||||
12 | operating or being transported in a motor
vehicle is | ||||||
13 | afflicted with or suffers from such illness, ailment, or | ||||||
14 | disease and
such certification must be carried in the motor | ||||||
15 | vehicle at all times. The
certification shall be legible | ||||||
16 | and shall contain the date of issuance, the
name, address | ||||||
17 | and signature of the attending physician, and the name, | ||||||
18 | address,
and medical condition of the person requiring | ||||||
19 | exemption. The information on
the certificate for a window | ||||||
20 | treatment applied or affixed before the effective
date of | ||||||
21 | this amendatory Act of 1997 must remain current and shall | ||||||
22 | be renewed
annually by the attending physician, but in no | ||||||
23 | event shall a
certificate issued for purposes of this | ||||||
24 | subsection be valid on or after
January 1, 2008. The person | ||||||
25 | shall also submit a copy of the certification to
the | ||||||
26 | Secretary of
State. The Secretary of State may forward |
| |||||||
| |||||||
1 | notice of certification to law
enforcement agencies.
| ||||||
2 | This subsection shall not be construed to authorize window | ||||||
3 | treatments
applied or affixed on or after the effective date of | ||||||
4 | this amendatory Act of
1997.
| ||||||
5 | The exemption provided by this subsection (g) shall not | ||||||
6 | apply to any motor
vehicle on and after January 1, 2008.
| ||||||
7 | This subsection (g) does not apply to the exemption set | ||||||
8 | forth in subsection (g-5).
| ||||||
9 | (g-5) Paragraph (a) of this Section does not apply to any | ||||||
10 | motor vehicle with a window treatment, including but not | ||||||
11 | limited to a window application, reflective material, | ||||||
12 | nonreflective material, or tinted film, applied or affixed to a | ||||||
13 | motor vehicle that: | ||||||
14 | (i) is owned and operated by a person afflicted with or | ||||||
15 | suffering from systemic or discoid lupus erythematosus or | ||||||
16 | albinism; or | ||||||
17 | (ii) is used in transporting a person who resides at | ||||||
18 | the same address as the registered owner and is afflicted | ||||||
19 | with or suffers from systemic or discoid lupus | ||||||
20 | erythematosus or albinism. | ||||||
21 | It must be certified by a physician licensed to practice | ||||||
22 | medicine in Illinois that the person owning and operating or | ||||||
23 | being transported in a motor vehicle is afflicted with or | ||||||
24 | suffers from systemic or discoid lupus erythematosus or | ||||||
25 | albinism and the certification must be carried in the motor | ||||||
26 | vehicle at all times. The certification shall be legible and |
| |||||||
| |||||||
1 | shall contain the date of issuance, the name, address, and | ||||||
2 | signature of the attending physician, and the name, address, | ||||||
3 | and medical condition of the person requiring exemption. The | ||||||
4 | information on the certificate for a window treatment must | ||||||
5 | remain current and shall be renewed annually by the attending | ||||||
6 | physician. The owner of the vehicle shall also submit a copy of | ||||||
7 | the certification to the Secretary of State. The Secretary of | ||||||
8 | State may forward notice of certification to law enforcement | ||||||
9 | agencies.
| ||||||
10 | (h) Paragraph (a) of this Section shall not apply to motor | ||||||
11 | vehicle
stickers or other certificates issued by State or local | ||||||
12 | authorities which
are required to be displayed upon motor | ||||||
13 | vehicle windows to evidence
compliance with requirements | ||||||
14 | concerning motor vehicles.
| ||||||
15 | (i) Those motor vehicles exempted under paragraph (f)(1) of | ||||||
16 | this Section
shall not cause their windows to be treated as | ||||||
17 | described in paragraph (a) after
January 1, 1993.
| ||||||
18 | (j) A person found guilty of violating paragraphs (a), (b), | ||||||
19 | or (i) of this
Section shall be guilty of a petty offense and | ||||||
20 | fined no less than $50 nor more
than $500. A second or | ||||||
21 | subsequent violation of paragraphs (a), (b), or (i) of
this | ||||||
22 | Section shall be treated as a Class C misdemeanor and the | ||||||
23 | violator fined
no less than $100 nor more than $500. Any person | ||||||
24 | convicted under paragraphs
(a), (b), or (i) of this Section | ||||||
25 | shall be ordered to alter any
nonconforming windows into | ||||||
26 | compliance with this Section.
|
| |||||||
| |||||||
1 | (Source: P.A. 94-564, eff. 8-12-05.)
| ||||||
2 | (625 ILCS 5/12-610.5)
| ||||||
3 | Sec. 12-610.5. Registration plate covers.
| ||||||
4 | (a) In this Section, "registration plate cover" means any | ||||||
5 | tinted, colored, painted, marked, clear, reflective, | ||||||
6 | holographic, beveled, streaked, layered, or illuminated object | ||||||
7 | that is designed to: | ||||||
8 | (1) cover any of the characters of a motor vehicle's | ||||||
9 | registration plate; or | ||||||
10 | (2) distort a recorded image of any of the characters | ||||||
11 | of a motor vehicle's registration plate recorded by an | ||||||
12 | automated red light enforcement system as defined in | ||||||
13 | Section 1-105.5 of this Code ,
or recorded by an automated | ||||||
14 | traffic control system as defined in Section 15 of the | ||||||
15 | Automated Traffic Control Systems in Highway Construction | ||||||
16 | or Maintenance Zones Act , or recorded by a video or photo | ||||||
17 | surveillance system as provided in subsection (a-5) of | ||||||
18 | Section 10 of the Toll Highway Act .
| ||||||
19 | (b) It shall be unlawful to operate any motor vehicle that | ||||||
20 | is equipped with
registration plate covers. | ||||||
21 | (c) A person may not sell or offer for sale a registration | ||||||
22 | plate cover. | ||||||
23 | (d) A person may not advertise for the purpose of promoting | ||||||
24 | the sale of registration plate covers.
| ||||||
25 | (e) A violation of this Section or a similar provision of a |
| |||||||
| |||||||
1 | local ordinance
shall be an offense against laws and ordinances | ||||||
2 | regulating the movement of
traffic.
| ||||||
3 | (Source: P.A. 94-304, eff. 1-1-06.)
| ||||||
4 | (625 ILCS 5/12-610.6 new)
| ||||||
5 | Sec. 12-610.6. Registration plate spray and other recorded | ||||||
6 | image distorting material. | ||||||
7 | (a) In this Section, "registration plate spray or other | ||||||
8 | recorded image distorting material" means any spray, chemical, | ||||||
9 | substance, or other material that is designed to: | ||||||
10 | (1) cover any of the characters of a motor vehicle's | ||||||
11 | registration plate; or | ||||||
12 | (2) distort a recorded image of any of the characters | ||||||
13 | of a motor vehicle's registration plate recorded by (i) an | ||||||
14 | automated red light enforcement system as defined in | ||||||
15 | Section 1-105.5 of this Code, (ii) an automated traffic | ||||||
16 | control system as defined in Section 15 of the Automated | ||||||
17 | Traffic Control Systems in Highway Construction or | ||||||
18 | Maintenance Zone Act, or (iii) a video or photo | ||||||
19 | surveillance system as provided in subsection (a-5) of | ||||||
20 | Section 10 of the Toll Highway Act. | ||||||
21 | (b) It shall be unlawful to operate any motor vehicle that | ||||||
22 | is
equipped with registration plate that has been treated with | ||||||
23 | a spray or other image recording distorting material. | ||||||
24 | (c) A person may not sell or offer for sale a registration | ||||||
25 | plate spray or other image recording distorting material. |
| |||||||
| |||||||
1 | (d) A person may not advertise for the purpose of promoting | ||||||
2 | the sale of registration plate spray or other image recording | ||||||
3 | distorting material. | ||||||
4 | (e) A violation of this Section or a similar provision of a | ||||||
5 | local
ordinance is an offense against laws and ordinances | ||||||
6 | regulating the movement of traffic. | ||||||
7 | (f) The Illinois Attorney General may file suit against any
| ||||||
8 | person offering, advertising, or marketing the sale, including | ||||||
9 | via the
Internet, of any product advertised as having the | ||||||
10 | capacity to obstruct the visibility or electronic image | ||||||
11 | recording of a license plate. In addition to injunctive and | ||||||
12 | monetary relief, punitive damages, and attorneys fees, the suit | ||||||
13 | shall also seek a full accounting of the records of all sales | ||||||
14 | to residents of or entities within the State of Illinois. | ||||||
15 | (g) The Secretary of State shall revoke the registration of | ||||||
16 | any plate that has been found to be in violation of subsection | ||||||
17 | (b) of this Section.
|