Full Text of HB3127 103rd General Assembly
HB3127 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3127 Introduced 2/17/2023, by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/4-203 | from Ch. 95 1/2, par. 4-203 | 625 ILCS 5/4-203.5 | |
625 ILCS 5/4-204 | from Ch. 95 1/2, par. 4-204 |
625 ILCS 5/4-208 | from Ch. 95 1/2, par. 4-208 |
625 ILCS 5/4-209 | from Ch. 95 1/2, par. 4-209 |
625 ILCS 5/4-214 | from Ch. 95 1/2, par. 4-214 |
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Amends the Illinois Vehicle Code. Provides that no vehicle shall be removed from private property by a towing service or person unless the towing service or person is licensed by and in good standing with the Illinois Commerce Commission. Requires towing services to keep records of express written instructions from the owners or persons in charge of the private property upon which the vehicle is said to be trespassing. Provides that any towing service or person that violates certain provisions shall surrender the license plates for one year. Makes other changes. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-203, 4-203.5, 4-204, 4-208, 4-209, and | 6 | | 4-214 as follows: | 7 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 8 | | (Text of Section before amendment by P.A. 102-982 )
| 9 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 10 | | towing or
hauling away.
| 11 | | (a) When a vehicle is abandoned, or left unattended, on a | 12 | | toll
highway, interstate highway, or expressway for 2 hours or | 13 | | more, its
removal by a towing service may be authorized by a | 14 | | law enforcement
agency having jurisdiction.
| 15 | | (b) When a vehicle is abandoned on a highway in an urban | 16 | | district for 10
hours or more, its removal by a towing service | 17 | | may be authorized by a
law enforcement agency having | 18 | | jurisdiction.
| 19 | | (c) When a vehicle is abandoned or left unattended on a | 20 | | highway
other than a toll highway, interstate highway, or | 21 | | expressway, outside of
an urban district for 24 hours or more, | 22 | | its removal by a towing service
may be authorized by a law | 23 | | enforcement agency having jurisdiction.
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| 1 | | (d) When an abandoned, unattended, wrecked, burned , or | 2 | | partially
dismantled vehicle is creating a traffic hazard | 3 | | because of its position
in relation to the highway or its | 4 | | physical appearance is causing the
impeding of traffic, its | 5 | | immediate removal from the highway or private
property | 6 | | adjacent to the highway by a towing service may be authorized
| 7 | | by a law enforcement agency having jurisdiction.
| 8 | | (e) Whenever a
peace officer reasonably believes that a | 9 | | person under
arrest for a violation of Section 11-501 of this | 10 | | Code or a similar
provision of a local ordinance is likely, | 11 | | upon release, to commit a
subsequent violation of Section | 12 | | 11-501, or a similar provision of a local
ordinance, the | 13 | | arresting officer shall have the vehicle which the person
was | 14 | | operating at the time of the arrest impounded for a period of | 15 | | 12 hours after the time of arrest. However, such vehicle may be
| 16 | | released by the arresting law enforcement agency prior to the | 17 | | end of the
impoundment period if:
| 18 | | (1) the vehicle was not owned by the person under | 19 | | arrest, and the lawful
owner requesting such release | 20 | | possesses a valid operator's license, proof
of ownership, | 21 | | and would not, as determined by the arresting law | 22 | | enforcement
agency, indicate a lack of ability to operate | 23 | | a motor vehicle in a safe
manner, or who would otherwise, | 24 | | by operating such motor vehicle, be in
violation of this | 25 | | Code; or
| 26 | | (2) the vehicle is owned by the person under arrest, |
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| 1 | | and the person
under arrest gives permission to another | 2 | | person to operate such vehicle,
provided however, that the | 3 | | other person possesses a valid operator's license
and | 4 | | would not, as determined by the arresting law enforcement
| 5 | | agency, indicate a lack of ability to operate a motor | 6 | | vehicle in a safe
manner or who would otherwise, by | 7 | | operating such motor vehicle, be in
violation of this | 8 | | Code.
| 9 | | (e-5) Whenever a registered owner of a vehicle is taken | 10 | | into custody for
operating the vehicle in violation of Section | 11 | | 11-501 of this Code or a similar
provision of a local ordinance | 12 | | or Section 6-303 of this Code, a
law enforcement officer
may | 13 | | have the vehicle immediately impounded for a period not less | 14 | | than:
| 15 | | (1) 24 hours for a second violation of Section 11-501 | 16 | | of this Code or a
similar provision of a local ordinance or | 17 | | Section 6-303
of
this Code or a combination of these | 18 | | offenses; or
| 19 | | (2) 48 hours for a third violation of Section 11-501 | 20 | | of this Code or a
similar provision of a local ordinance or | 21 | | Section 6-303 of this
Code or a combination of these | 22 | | offenses.
| 23 | | The vehicle may be released sooner if the vehicle is owned | 24 | | by the person
under arrest and the person under arrest gives | 25 | | permission to another person to
operate the vehicle and that | 26 | | other person possesses a valid operator's license
and would |
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| 1 | | not, as determined by the arresting law enforcement agency, | 2 | | indicate
a lack of ability to operate a motor vehicle in a safe | 3 | | manner or would
otherwise, by operating the motor vehicle, be | 4 | | in violation of this Code.
| 5 | | (f) Except as provided in Chapter 18a of this Code, the | 6 | | owner or
lessor of privately owned real property within this | 7 | | State, or any person
authorized by such owner or lessor, or any | 8 | | law enforcement agency in the
case of publicly owned real | 9 | | property may cause any motor vehicle abandoned
or left | 10 | | unattended upon such property without permission to be removed | 11 | | by a
towing service without liability for the costs of | 12 | | removal, transportation
or storage or damage caused by such | 13 | | removal, transportation or storage.
The towing or removal of | 14 | | any vehicle from private property without the
consent of the | 15 | | registered owner or other legally authorized person in
control | 16 | | of the vehicle is subject to compliance with the following
| 17 | | conditions and restrictions:
| 18 | | 1. Any towed or removed vehicle must be stored at the | 19 | | site of the towing
service's place of business. The site | 20 | | must be open during business hours,
and for the purpose of | 21 | | redemption of vehicles, during the time that the
person or | 22 | | firm towing such vehicle is open for towing purposes.
| 23 | | 2. The towing service shall within 30 minutes of | 24 | | completion of such
towing or removal, notify the law | 25 | | enforcement agency having jurisdiction of
such towing or | 26 | | removal, and the make, model, color , and license plate |
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| 1 | | number
of the vehicle, and shall obtain and record the | 2 | | name of the person at the law
enforcement agency to whom | 3 | | such information was reported.
| 4 | | 3. If the registered owner or legally authorized | 5 | | person entitled to
possession of the vehicle shall arrive | 6 | | at the scene prior to actual removal
or towing of the | 7 | | vehicle, the vehicle shall be disconnected from the tow
| 8 | | truck and that person shall be allowed to remove the | 9 | | vehicle without
interference, upon the payment of a | 10 | | reasonable service fee of not more than one-half
one half | 11 | | the posted rate of the towing service as provided in | 12 | | paragraph
6 of this subsection, for which a receipt shall | 13 | | be given.
| 14 | | 4. The rebate or payment of money or any other | 15 | | valuable consideration
from the towing service or its | 16 | | owners, managers , or employees to the owners
or operators | 17 | | of the premises from which the vehicles are towed or | 18 | | removed,
for the privilege of removing or towing those | 19 | | vehicles, is prohibited. Any
individual who violates this | 20 | | paragraph shall be guilty of a Class A
misdemeanor.
| 21 | | 5. Except for property appurtenant to and obviously a | 22 | | part of a single
family residence, and except for | 23 | | instances where notice is personally given
to the owner or | 24 | | other legally authorized person in control of the vehicle
| 25 | | that the area in which that vehicle is parked is reserved | 26 | | or otherwise
unavailable to unauthorized vehicles and they |
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| 1 | | are subject to being removed
at the owner or operator's | 2 | | expense, any property owner or lessor, prior to
towing or | 3 | | removing any vehicle from private property without the | 4 | | consent of
the owner or other legally authorized person in | 5 | | control of that vehicle,
must post a notice meeting the | 6 | | following requirements:
| 7 | | a. Except as otherwise provided in subparagraph | 8 | | a.1 of this subdivision (f)5, the notice must be | 9 | | prominently placed at each driveway access or curb
cut | 10 | | allowing vehicular access to the property within 5 | 11 | | feet from the public
right-of-way line. If there are | 12 | | no curbs or access barriers, the sign must
be posted | 13 | | not less than one sign each 100 feet of lot frontage.
| 14 | | a.1. In a municipality with a population of less | 15 | | than 250,000, as an alternative to the requirement of | 16 | | subparagraph a of this subdivision (f)5, the notice | 17 | | for a parking lot contained within property used | 18 | | solely for a 2-family, 3-family, or 4-family residence | 19 | | may be prominently placed at the perimeter of the | 20 | | parking lot, in a position where the notice is visible | 21 | | to the occupants of vehicles entering the lot.
| 22 | | b. The notice must indicate clearly, in not less | 23 | | than 2 inch high
light-reflective letters on a | 24 | | contrasting background, that unauthorized
vehicles | 25 | | will be towed away at the owner's expense.
| 26 | | c. The notice must also provide the name and |
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| 1 | | current telephone
number of the towing service towing | 2 | | or removing the vehicle.
| 3 | | d. The sign structure containing the required | 4 | | notices must be
permanently installed with the bottom | 5 | | of the sign not less than 4 feet
above ground level, | 6 | | and must be continuously maintained on the property | 7 | | for
not less than 24 hours prior to the towing or | 8 | | removing of any vehicle.
| 9 | | 6. Any towing service that tows or removes vehicles | 10 | | and proposes to
require the owner, operator, or person in | 11 | | control of the vehicle to pay the
costs of towing and | 12 | | storage prior to redemption of the vehicle must file
and | 13 | | keep on record with the local law enforcement agency a | 14 | | complete copy of
the current rates to be charged for such | 15 | | services, and post at the storage
site an identical rate | 16 | | schedule and any written contracts with property
owners, | 17 | | lessors, or persons in control of property which authorize | 18 | | them to
remove vehicles as provided in this Section.
The | 19 | | towing and storage charges, however, shall not exceed the | 20 | | maximum allowed by the Illinois Commerce Commission under | 21 | | Section 18a-200.
| 22 | | 7. No person shall engage in the removal of vehicles | 23 | | from private
property as described in this Section without | 24 | | filing a notice of intent
in each community where he | 25 | | intends to do such removal, and such
notice shall be filed | 26 | | at least 7 days before commencing such towing.
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| 1 | | 8. No removal of a vehicle from private property shall | 2 | | be done by a towing service unless it is licensed and in | 3 | | good standing with the Illinois Commerce Commission. | 4 | | Express except
upon express written instructions of the | 5 | | owners or persons in charge of the
private property upon | 6 | | which the vehicle is said to be trespassing shall be kept | 7 | | by the towing service .
| 8 | | 9. Vehicle entry for the purpose of removal shall be | 9 | | allowed with
reasonable care on the part of the person or | 10 | | firm towing the vehicle. Such
person or firm shall be | 11 | | liable for any damages occasioned to the vehicle if
such | 12 | | entry is not in accordance with the standards of | 13 | | reasonable care.
| 14 | | 9.5. Except as authorized by a law enforcement | 15 | | officer, no towing service shall engage in the removal of | 16 | | a commercial motor vehicle that requires a commercial | 17 | | driver's license to operate by operating the vehicle under | 18 | | its own power on a highway. | 19 | | 10. When a vehicle has been towed or removed pursuant | 20 | | to this Section,
it must be released to its owner, | 21 | | custodian, agent, or lienholder within one-half one half | 22 | | hour after
requested, if such request is made during | 23 | | business hours. Any vehicle owner,
custodian, agent, or | 24 | | lienholder shall have the right to inspect the vehicle | 25 | | before
accepting its return, and no release or waiver of | 26 | | any kind which would
release the towing service from |
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| 1 | | liability for damages incurred during the
towing and | 2 | | storage may be required from any vehicle owner or other | 3 | | legally
authorized person as a condition of release of the | 4 | | vehicle. A detailed,
signed receipt showing the legal name | 5 | | of the towing service must be given
to the person paying | 6 | | towing or storage charges at the time of payment,
whether | 7 | | requested or not.
| 8 | | This Section shall not apply to law enforcement, | 9 | | firefighting, rescue,
ambulance, or other emergency | 10 | | vehicles which are marked as such or to
property owned by | 11 | | any governmental entity.
| 12 | | When an authorized person improperly causes a motor | 13 | | vehicle to be
removed, such person shall be liable to the | 14 | | owner or lessee of the vehicle
for the cost of or removal, | 15 | | transportation and storage, any damages resulting
from the | 16 | | removal, transportation and storage, attorney's fees fee | 17 | | and court costs.
| 18 | | Any towing or storage charges accrued shall be payable | 19 | | in cash or by cashier's check, certified check, debit | 20 | | card, credit card, or wire transfer, at the option of the | 21 | | party taking possession of the vehicle.
| 22 | | 11. Towing companies shall also provide insurance | 23 | | coverage for areas
where vehicles towed under the | 24 | | provisions of this Chapter will be impounded
or otherwise | 25 | | stored, and shall adequately cover loss by fire, theft , or
| 26 | | other risks.
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| 1 | | Any person who fails to comply with the conditions and | 2 | | restrictions of
this subsection shall be guilty of a Class C | 3 | | misdemeanor and shall be fined
not less than $100 nor more than | 4 | | $500.
Any towing service found guilty shall surrender its | 5 | | license plates for one year.
| 6 | | (g)(1) When a vehicle is determined to be a hazardous | 7 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 8 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 9 | | Code, its
removal and impoundment by a towing service may be | 10 | | authorized by a law
enforcement agency with appropriate | 11 | | jurisdiction.
| 12 | | (2) When a vehicle removal from either public or private | 13 | | property is
authorized by a law enforcement agency, the owner | 14 | | of the vehicle shall be
responsible for all towing and storage | 15 | | charges.
| 16 | | (3) Vehicles removed from public or private property and
| 17 | | stored by a commercial vehicle relocator or any other towing | 18 | | service authorized by a law enforcement agency in
compliance | 19 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 20 | | at the request of the vehicle owner or operator,
shall
be | 21 | | subject to a possessor lien for services
pursuant to the Labor | 22 | | and Storage Lien (Small Amount) Act. The provisions of Section | 23 | | 1 of that Act relating to notice
and implied consent shall be | 24 | | deemed satisfied by compliance with Section
18a-302 and | 25 | | subsection (6) of Section 18a-300. In no event shall such lien
| 26 | | be greater than the rate or rates established in accordance |
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| 1 | | with subsection
(6) of Section 18a-200 of this Code. In no | 2 | | event shall such lien be
increased or altered to reflect any | 3 | | charge for services or materials
rendered in addition to those | 4 | | authorized by this Code. Every such lien
shall be payable in | 5 | | cash or by cashier's check, certified check, debit card, | 6 | | credit card, or wire transfer, at the option of the party | 7 | | taking possession of the vehicle.
| 8 | | (4) Any personal property belonging to the vehicle owner | 9 | | in a vehicle subject to a lien under this
subsection
(g) shall | 10 | | likewise be subject to that lien, excepting only:
child | 11 | | restraint systems as defined in Section 4 of the Child | 12 | | Passenger Protection Act and other child booster seats; | 13 | | eyeglasses; food; medicine; perishable property; any | 14 | | operator's licenses; any cash, credit
cards, or checks or | 15 | | checkbooks; any wallet, purse, or other property
containing | 16 | | any operator's license or other identifying documents or | 17 | | materials,
cash, credit cards, checks, or checkbooks; and any | 18 | | personal property belonging to a person other than the vehicle | 19 | | owner if that person provides adequate proof that the personal | 20 | | property belongs to that person. The spouse, child, mother, | 21 | | father, brother, or sister of the vehicle owner may claim | 22 | | personal property excepted under this paragraph (4) if the | 23 | | person claiming the personal property provides the commercial | 24 | | vehicle relocator or towing service with the authorization of | 25 | | the vehicle owner. | 26 | | (5) This paragraph (5) applies only in the case of a |
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| 1 | | vehicle that is towed as a result of being involved in an | 2 | | accident. In addition to the personal property excepted under | 3 | | paragraph (4), all other personal property in a vehicle | 4 | | subject to a lien under this subsection (g) is exempt from that | 5 | | lien and may be claimed by the vehicle owner if the vehicle | 6 | | owner provides the commercial vehicle relocator or towing | 7 | | service with proof that the vehicle owner has an insurance | 8 | | policy covering towing and storage fees. The spouse, child, | 9 | | mother, father, brother, or sister of the vehicle owner may | 10 | | claim personal property in a vehicle subject to a lien under | 11 | | this subsection (g) if the person claiming the personal | 12 | | property provides the commercial vehicle relocator or towing | 13 | | service with the authorization of the vehicle owner and proof | 14 | | that the vehicle owner has an insurance policy covering towing | 15 | | and storage fees. The regulation of liens on personal property | 16 | | and exceptions to those liens in the case of vehicles towed as | 17 | | a result of being involved in an accident are
exclusive powers | 18 | | and functions of the State. A home
rule unit may not regulate | 19 | | liens on personal property and exceptions to those liens in | 20 | | the case of vehicles towed as a result of being involved in an | 21 | | accident. This paragraph (5) is a denial and
limitation of | 22 | | home rule powers and functions under
subsection (h) of Section | 23 | | 6 of Article VII of the
Illinois Constitution. | 24 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 25 | | in its total amount; or
be increased or altered to reflect any | 26 | | charge for services or
materials rendered in addition to those |
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| 1 | | authorized by this Code.
| 2 | | (h) Whenever a peace officer issues a citation to a driver | 3 | | for a violation of subsection (a) of Section 11-506 of this | 4 | | Code, the arresting officer may have the vehicle which the | 5 | | person was operating at the time of the arrest impounded for a | 6 | | period of 5 days after the time of arrest.
An impounding agency | 7 | | shall release a motor vehicle impounded under this subsection | 8 | | (h) to the registered owner of the vehicle under any of the | 9 | | following circumstances: | 10 | | (1) if If the vehicle is a stolen vehicle; or | 11 | | (2) if If the person ticketed for a violation of | 12 | | subsection (a) of Section 11-506 of this Code was not | 13 | | authorized by the registered owner of the vehicle to | 14 | | operate the vehicle at the time of the violation; or | 15 | | (3) if If the registered owner of the vehicle was | 16 | | neither the driver nor a passenger in the vehicle at the | 17 | | time of the violation or was unaware that the driver was | 18 | | using the vehicle to engage in street racing; or | 19 | | (4) if If the legal owner or registered owner of the | 20 | | vehicle is a rental car agency; or | 21 | | (5) if If , prior to the expiration of the impoundment | 22 | | period specified above, the citation is dismissed or the | 23 | | defendant is found not guilty of the offense.
| 24 | | (i) Except for vehicles exempted under subsection (b) of | 25 | | Section 7-601 of this Code, whenever a law enforcement officer | 26 | | issues a citation to a driver for a violation of Section 3-707 |
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| 1 | | of this Code, and the driver has a prior conviction for a | 2 | | violation of Section 3-707 of this Code in the past 12 months, | 3 | | the arresting officer shall authorize the removal and | 4 | | impoundment of the vehicle by a towing service. | 5 | | (Source: P.A. 99-438, eff. 1-1-16; 100-311, eff. 11-23-17; | 6 | | 100-537, eff. 6-1-18; 100-863, eff. 8-14-18; revised 8-26-22.) | 7 | | (Text of Section after amendment by P.A. 102-982 ) | 8 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 9 | | towing or
hauling away.
| 10 | | (a) When a vehicle is abandoned, or left unattended, on a | 11 | | toll
highway, interstate highway, or expressway for 2 hours or | 12 | | more, its
removal by a towing service may be authorized by a | 13 | | law enforcement
agency having jurisdiction.
| 14 | | (b) When a vehicle is abandoned on a highway in an urban | 15 | | district for 10
hours or more, its removal by a towing service | 16 | | may be authorized by a
law enforcement agency having | 17 | | jurisdiction.
| 18 | | (c) When a vehicle is abandoned or left unattended on a | 19 | | highway
other than a toll highway, interstate highway, or | 20 | | expressway, outside of
an urban district for 24 hours or more, | 21 | | its removal by a towing service
may be authorized by a law | 22 | | enforcement agency having jurisdiction.
| 23 | | (d) When an abandoned, unattended, wrecked, burned , or | 24 | | partially
dismantled vehicle is creating a traffic hazard | 25 | | because of its position
in relation to the highway or its |
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| 1 | | physical appearance is causing the
impeding of traffic, its | 2 | | immediate removal from the highway or private
property | 3 | | adjacent to the highway by a towing service may be authorized
| 4 | | by a law enforcement agency having jurisdiction.
| 5 | | (e) Whenever a
peace officer reasonably believes that a | 6 | | person under
arrest for a violation of Section 11-501 of this | 7 | | Code or a similar
provision of a local ordinance is likely, | 8 | | upon release, to commit a
subsequent violation of Section | 9 | | 11-501, or a similar provision of a local
ordinance, the | 10 | | arresting officer shall have the vehicle which the person
was | 11 | | operating at the time of the arrest impounded for a period of | 12 | | 12 hours after the time of arrest. However, such vehicle may be
| 13 | | released by the arresting law enforcement agency prior to the | 14 | | end of the
impoundment period if:
| 15 | | (1) the vehicle was not owned by the person under | 16 | | arrest, and the lawful
owner requesting such release | 17 | | possesses a valid operator's license, proof
of ownership, | 18 | | and would not, as determined by the arresting law | 19 | | enforcement
agency, indicate a lack of ability to operate | 20 | | a motor vehicle in a safe
manner, or who would otherwise, | 21 | | by operating such motor vehicle, be in
violation of this | 22 | | Code; or
| 23 | | (2) the vehicle is owned by the person under arrest, | 24 | | and the person
under arrest gives permission to another | 25 | | person to operate such vehicle,
provided however, that the | 26 | | other person possesses a valid operator's license
and |
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| 1 | | would not, as determined by the arresting law enforcement
| 2 | | agency, indicate a lack of ability to operate a motor | 3 | | vehicle in a safe
manner or who would otherwise, by | 4 | | operating such motor vehicle, be in
violation of this | 5 | | Code.
| 6 | | (e-5) Whenever a registered owner of a vehicle is taken | 7 | | into custody for
operating the vehicle in violation of Section | 8 | | 11-501 of this Code or a similar
provision of a local ordinance | 9 | | or Section 6-303 of this Code, a
law enforcement officer
may | 10 | | have the vehicle immediately impounded for a period not less | 11 | | than:
| 12 | | (1) 24 hours for a second violation of Section 11-501 | 13 | | of this Code or a
similar provision of a local ordinance or | 14 | | Section 6-303
of
this Code or a combination of these | 15 | | offenses; or
| 16 | | (2) 48 hours for a third violation of Section 11-501 | 17 | | of this Code or a
similar provision of a local ordinance or | 18 | | Section 6-303 of this
Code or a combination of these | 19 | | offenses.
| 20 | | The vehicle may be released sooner if the vehicle is owned | 21 | | by the person
under arrest and the person under arrest gives | 22 | | permission to another person to
operate the vehicle and that | 23 | | other person possesses a valid operator's license
and would | 24 | | not, as determined by the arresting law enforcement agency, | 25 | | indicate
a lack of ability to operate a motor vehicle in a safe | 26 | | manner or would
otherwise, by operating the motor vehicle, be |
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| 1 | | in violation of this Code.
| 2 | | (f) Except as provided in Chapter 18a of this Code, the | 3 | | owner or
lessor of privately owned real property within this | 4 | | State, or any person
authorized by such owner or lessor, or any | 5 | | law enforcement agency in the
case of publicly owned real | 6 | | property may cause any motor vehicle abandoned
or left | 7 | | unattended upon such property without permission to be removed | 8 | | by a
towing service without liability for the costs of | 9 | | removal, transportation
or storage or damage caused by such | 10 | | removal, transportation or storage.
The towing or removal of | 11 | | any vehicle from private property without the
consent of the | 12 | | registered owner or other legally authorized person in
control | 13 | | of the vehicle is subject to compliance with the following
| 14 | | conditions and restrictions:
| 15 | | 1. Any towed or removed vehicle must be stored at the | 16 | | site of the towing
service's place of business. The site | 17 | | must be open during business hours,
and for the purpose of | 18 | | redemption of vehicles, during the time that the
person or | 19 | | firm towing such vehicle is open for towing purposes.
| 20 | | 2. The towing service shall within 30 minutes of | 21 | | completion of such
towing or removal, notify the law | 22 | | enforcement agency having jurisdiction of
such towing or | 23 | | removal, and the make, model, color , and license plate | 24 | | number
of the vehicle, and shall obtain and record the | 25 | | name of the person at the law
enforcement agency to whom | 26 | | such information was reported.
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| 1 | | 3. If the registered owner or legally authorized | 2 | | person entitled to
possession of the vehicle shall arrive | 3 | | at the scene prior to actual removal
or towing of the | 4 | | vehicle, the vehicle shall be disconnected from the tow
| 5 | | truck and that person shall be allowed to remove the | 6 | | vehicle without
interference, upon the payment of a | 7 | | reasonable service fee of not more than one-half
one half | 8 | | the posted rate of the towing service as provided in | 9 | | paragraph
6 of this subsection, for which a receipt shall | 10 | | be given.
| 11 | | 4. The rebate or payment of money or any other | 12 | | valuable consideration
from the towing service or its | 13 | | owners, managers , or employees to the owners
or operators | 14 | | of the premises from which the vehicles are towed or | 15 | | removed,
for the privilege of removing or towing those | 16 | | vehicles, is prohibited. Any
individual who violates this | 17 | | paragraph shall be guilty of a Class A
misdemeanor.
| 18 | | 5. Except for property appurtenant to and obviously a | 19 | | part of a single
family residence, and except for | 20 | | instances where notice is personally given
to the owner or | 21 | | other legally authorized person in control of the vehicle
| 22 | | that the area in which that vehicle is parked is reserved | 23 | | or otherwise
unavailable to unauthorized vehicles and they | 24 | | are subject to being removed
at the owner or operator's | 25 | | expense, any property owner or lessor, prior to
towing or | 26 | | removing any vehicle from private property without the |
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| 1 | | consent of
the owner or other legally authorized person in | 2 | | control of that vehicle,
must post a notice meeting the | 3 | | following requirements:
| 4 | | a. Except as otherwise provided in subparagraph | 5 | | a.1 of this subdivision (f)5, the notice must be | 6 | | prominently placed at each driveway access or curb
cut | 7 | | allowing vehicular access to the property within 5 | 8 | | feet from the public
right-of-way line. If there are | 9 | | no curbs or access barriers, the sign must
be posted | 10 | | not less than one sign each 100 feet of lot frontage.
| 11 | | a.1. In a municipality with a population of less | 12 | | than 250,000, as an alternative to the requirement of | 13 | | subparagraph a of this subdivision (f)5, the notice | 14 | | for a parking lot contained within property used | 15 | | solely for a 2-family, 3-family, or 4-family residence | 16 | | may be prominently placed at the perimeter of the | 17 | | parking lot, in a position where the notice is visible | 18 | | to the occupants of vehicles entering the lot.
| 19 | | b. The notice must indicate clearly, in not less | 20 | | than 2 inch high
light-reflective letters on a | 21 | | contrasting background, that unauthorized
vehicles | 22 | | will be towed away at the owner's expense.
| 23 | | c. The notice must also provide the name and | 24 | | current telephone
number of the towing service towing | 25 | | or removing the vehicle.
| 26 | | d. The sign structure containing the required |
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| 1 | | notices must be
permanently installed with the bottom | 2 | | of the sign not less than 4 feet
above ground level, | 3 | | and must be continuously maintained on the property | 4 | | for
not less than 24 hours prior to the towing or | 5 | | removing of any vehicle.
| 6 | | 6. Any towing service that tows or removes vehicles | 7 | | and proposes to
require the owner, operator, or person in | 8 | | control of the vehicle to pay the
costs of towing and | 9 | | storage prior to redemption of the vehicle must file
and | 10 | | keep on record with the local law enforcement agency a | 11 | | complete copy of
the current rates to be charged for such | 12 | | services, and post at the storage
site an identical rate | 13 | | schedule and any written contracts with property
owners, | 14 | | lessors, or persons in control of property which authorize | 15 | | them to
remove vehicles as provided in this Section.
The | 16 | | towing and storage charges, however, shall not exceed the | 17 | | maximum allowed by the Illinois Commerce Commission under | 18 | | Section 18a-200.
| 19 | | 7. No person shall engage in the removal of vehicles | 20 | | from private
property as described in this Section without | 21 | | having an Illinois Commerce Commission license in good | 22 | | standing and shall file filing a notice of intent
in each | 23 | | community where he intends to do such removal, and such
| 24 | | notice shall be filed at least 7 days before commencing | 25 | | such towing.
| 26 | | 8. No removal of a vehicle from private property shall |
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| 1 | | be done except
upon express written instructions of the | 2 | | owners or persons in charge of the
private property upon | 3 | | which the vehicle is said to be trespassing.
The express | 4 | | written instructions shall be kept by the towing service.
| 5 | | 9. Vehicle entry for the purpose of removal shall be | 6 | | allowed with
reasonable care on the part of the person or | 7 | | firm towing the vehicle. Such
person or firm shall be | 8 | | liable for any damages occasioned to the vehicle if
such | 9 | | entry is not in accordance with the standards of | 10 | | reasonable care.
| 11 | | 9.5. Except as authorized by a law enforcement | 12 | | officer, no towing service shall engage in the removal of | 13 | | a commercial motor vehicle that requires a commercial | 14 | | driver's license to operate by operating the vehicle under | 15 | | its own power on a highway. | 16 | | 10. When a vehicle has been towed or removed pursuant | 17 | | to this Section,
it must be released to its owner, | 18 | | custodian, agent, or lienholder within one-half one half | 19 | | hour after
requested, if such request is made during | 20 | | business hours. Any vehicle owner,
custodian, agent, or | 21 | | lienholder shall have the right to inspect the vehicle | 22 | | before
accepting its return, and no release or waiver of | 23 | | any kind which would
release the towing service from | 24 | | liability for damages incurred during the
towing and | 25 | | storage may be required from any vehicle owner or other | 26 | | legally
authorized person as a condition of release of the |
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| 1 | | vehicle. A detailed,
signed receipt showing the legal name | 2 | | of the towing service must be given
to the person paying | 3 | | towing or storage charges at the time of payment,
whether | 4 | | requested or not.
| 5 | | This Section shall not apply to law enforcement, | 6 | | firefighting, rescue,
ambulance, or other emergency | 7 | | vehicles which are marked as such or to
property owned by | 8 | | any governmental entity.
| 9 | | When an authorized person improperly causes a motor | 10 | | vehicle to be
removed, such person shall be liable to the | 11 | | owner or lessee of the vehicle
for the cost of or removal, | 12 | | transportation and storage, any damages resulting
from the | 13 | | removal, transportation and storage, attorney's fees fee | 14 | | and court costs.
| 15 | | Any towing or storage charges accrued shall be payable | 16 | | in cash or by cashier's check, certified check, debit | 17 | | card, credit card, or wire transfer, at the option of the | 18 | | party taking possession of the vehicle.
| 19 | | 11. Towing companies shall also provide insurance | 20 | | coverage for areas
where vehicles towed under the | 21 | | provisions of this Chapter will be impounded
or otherwise | 22 | | stored, and shall adequately cover loss by fire, theft , or
| 23 | | other risks.
| 24 | | Any person who fails to comply with the conditions and | 25 | | restrictions of
this subsection shall be guilty of a Class C | 26 | | misdemeanor and shall be fined
not less than $100 nor more than |
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| 1 | | $500.
Any towing service found guilty shall surrender its | 2 | | license plates for one year.
| 3 | | (g)(1) When a vehicle is determined to be a hazardous | 4 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 5 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 6 | | Code, its
removal and impoundment by a towing service may be | 7 | | authorized by a law
enforcement agency with appropriate | 8 | | jurisdiction.
| 9 | | (2) When a vehicle removal from either public or private | 10 | | property is
authorized by a law enforcement agency, the owner | 11 | | of the vehicle shall be
responsible for all towing and storage | 12 | | charges.
| 13 | | (3) Vehicles removed from public or private property and
| 14 | | stored by a commercial vehicle relocator or any other towing | 15 | | service authorized by a law enforcement agency in
compliance | 16 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 17 | | at the request of the vehicle owner or operator,
shall
be | 18 | | subject to a possessor lien for services
pursuant to the Labor | 19 | | and Storage Lien (Small Amount) Act. The provisions of Section | 20 | | 1 of that Act relating to notice
and implied consent shall be | 21 | | deemed satisfied by compliance with Section
18a-302 and | 22 | | subsection (6) of Section 18a-300. In no event shall such lien
| 23 | | be greater than the rate or rates established in accordance | 24 | | with subsection
(6) of Section 18a-200 of this Code. In no | 25 | | event shall such lien be
increased or altered to reflect any | 26 | | charge for services or materials
rendered in addition to those |
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| 1 | | authorized by this Code. Every such lien
shall be payable in | 2 | | cash or by cashier's check, certified check, debit card, | 3 | | credit card, or wire transfer, at the option of the party | 4 | | taking possession of the vehicle.
| 5 | | (4) Any personal property belonging to the vehicle owner | 6 | | in a vehicle subject to a lien under this
subsection
(g) shall | 7 | | likewise be subject to that lien, excepting only:
child | 8 | | restraint systems as defined in Section 4 of the Child | 9 | | Passenger Protection Act and other child booster seats; | 10 | | eyeglasses; food; medicine; perishable property; any | 11 | | operator's licenses; any cash, credit
cards, or checks or | 12 | | checkbooks; any wallet, purse, or other property
containing | 13 | | any operator's license or other identifying documents or | 14 | | materials,
cash, credit cards, checks, or checkbooks; and any | 15 | | personal property belonging to a person other than the vehicle | 16 | | owner if that person provides adequate proof that the personal | 17 | | property belongs to that person. The spouse, child, mother, | 18 | | father, brother, or sister of the vehicle owner may claim | 19 | | personal property excepted under this paragraph (4) if the | 20 | | person claiming the personal property provides the commercial | 21 | | vehicle relocator or towing service with the authorization of | 22 | | the vehicle owner. | 23 | | (5) This paragraph (5) applies only in the case of a | 24 | | vehicle that is towed as a result of being involved in a crash. | 25 | | In addition to the personal property excepted under paragraph | 26 | | (4), all other personal property in a vehicle subject to a lien |
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| 1 | | under this subsection (g) is exempt from that lien and may be | 2 | | claimed by the vehicle owner if the vehicle owner provides the | 3 | | commercial vehicle relocator or towing service with proof that | 4 | | the vehicle owner has an insurance policy covering towing and | 5 | | storage fees. The spouse, child, mother, father, brother, or | 6 | | sister of the vehicle owner may claim personal property in a | 7 | | vehicle subject to a lien under this subsection (g) if the | 8 | | person claiming the personal property provides the commercial | 9 | | vehicle relocator or towing service with the authorization of | 10 | | the vehicle owner and proof that the vehicle owner has an | 11 | | insurance policy covering towing and storage fees. The | 12 | | regulation of liens on personal property and exceptions to | 13 | | those liens in the case of vehicles towed as a result of being | 14 | | involved in a crash are
exclusive powers and functions of the | 15 | | State. A home
rule unit may not regulate liens on personal | 16 | | property and exceptions to those liens in the case of vehicles | 17 | | towed as a result of being involved in a crash. This paragraph | 18 | | (5) is a denial and
limitation of home rule powers and | 19 | | functions under
subsection (h) of Section 6 of Article VII of | 20 | | the
Illinois Constitution. | 21 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 22 | | in its total amount; or
be increased or altered to reflect any | 23 | | charge for services or
materials rendered in addition to those | 24 | | authorized by this Code.
| 25 | | (h) Whenever a peace officer issues a citation to a driver | 26 | | for a violation of subsection (a) of Section 11-506 of this |
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| 1 | | Code, the arresting officer may have the vehicle which the | 2 | | person was operating at the time of the arrest impounded for a | 3 | | period of 5 days after the time of arrest.
An impounding agency | 4 | | shall release a motor vehicle impounded under this subsection | 5 | | (h) to the registered owner of the vehicle under any of the | 6 | | following circumstances: | 7 | | (1) if If the vehicle is a stolen vehicle; or | 8 | | (2) if If the person ticketed for a violation of | 9 | | subsection (a) of Section 11-506 of this Code was not | 10 | | authorized by the registered owner of the vehicle to | 11 | | operate the vehicle at the time of the violation; or | 12 | | (3) if If the registered owner of the vehicle was | 13 | | neither the driver nor a passenger in the vehicle at the | 14 | | time of the violation or was unaware that the driver was | 15 | | using the vehicle to engage in street racing; or | 16 | | (4) if If the legal owner or registered owner of the | 17 | | vehicle is a rental car agency; or | 18 | | (5) if If , prior to the expiration of the impoundment | 19 | | period specified above, the citation is dismissed or the | 20 | | defendant is found not guilty of the offense.
| 21 | | (i) Except for vehicles exempted under subsection (b) of | 22 | | Section 7-601 of this Code, whenever a law enforcement officer | 23 | | issues a citation to a driver for a violation of Section 3-707 | 24 | | of this Code, and the driver has a prior conviction for a | 25 | | violation of Section 3-707 of this Code in the past 12 months, | 26 | | the arresting officer shall authorize the removal and |
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| 1 | | impoundment of the vehicle by a towing service. | 2 | | (Source: P.A. 102-982, eff. 7-1-23; revised 8-26-22.) | 3 | | (625 ILCS 5/4-203.5) | 4 | | Sec. 4-203.5. Tow rotation list. | 5 | | (a) Each law enforcement agency whose duties include the | 6 | | patrol of highways in this State shall maintain a tow rotation | 7 | | list which shall be used by law enforcement officers | 8 | | authorizing the tow of a vehicle within the jurisdiction of | 9 | | the law enforcement agency. To ensure adequate response time, | 10 | | a law enforcement agency may maintain multiple tow rotation | 11 | | lists, with each tow rotation list covering tows authorized in | 12 | | different geographic locations within the jurisdiction of the | 13 | | law enforcement agency. A towing service may be included on | 14 | | more than one tow rotation list. | 15 | | (b) Any towing service operating within the jurisdiction | 16 | | of a law enforcement agency may submit an application in a form | 17 | | and manner prescribed by the law enforcement agency for | 18 | | inclusion on the law enforcement agency's tow rotation list. | 19 | | The towing service does not need to be located within the | 20 | | jurisdiction of the law enforcement agency. To be included on | 21 | | a tow rotation list the towing service must meet the following | 22 | | requirements: | 23 | | (1) possess a license permitting the towing service to | 24 | | operate in every unit of local government in the law | 25 | | enforcement agency's jurisdiction that requires a license |
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| 1 | | for the operation of a towing service; | 2 | | (2) if required by the law enforcement agency for | 3 | | inclusion on that law enforcement agency's tow rotation | 4 | | list, each owner of the towing service and each person | 5 | | operating a vehicle on behalf of the towing service shall | 6 | | submit his or her fingerprints to the Illinois State | 7 | | Police in the form and manner prescribed by the Illinois | 8 | | State Police. These fingerprints should be transmitted | 9 | | through a live scan fingerprint vendor licensed by the | 10 | | Department of Financial and Professional Regulation. These | 11 | | fingerprints shall be checked against the fingerprint | 12 | | records now and hereafter filed in the Illinois State | 13 | | Police and Federal Bureau of Investigation criminal | 14 | | history records databases. The Illinois State Police shall | 15 | | charge a fee for conducting the criminal history record | 16 | | check, which shall be deposited in the State Police | 17 | | Services Fund and shall not exceed the actual cost of the | 18 | | State and national criminal history record check. The | 19 | | Illinois State Police shall furnish, pursuant to positive | 20 | | identification, all Illinois conviction information to the | 21 | | law enforcement agency maintaining the tow rotation list | 22 | | and shall forward the national criminal history record | 23 | | information to the law enforcement agency maintaining the | 24 | | tow rotation list. A person may not own a towing service or | 25 | | operate a vehicle on behalf of a towing service included | 26 | | on a tow rotation list if that person has been convicted |
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| 1 | | during the 5 years preceding the application of a criminal | 2 | | offense involving one or more of the following: | 3 | | (A) bodily injury or attempt to inflict bodily | 4 | | injury to another person; | 5 | | (B) theft of property or attempted theft of | 6 | | property; or | 7 | | (C) sexual assault or attempted sexual assault of | 8 | | any kind; | 9 | | (3) each person operating a vehicle on behalf of the | 10 | | towing service must be classified for the type of towing | 11 | | operation he or she shall be performing and the vehicle he | 12 | | or she shall be operating; | 13 | | (4) possess and maintain the following insurance in | 14 | | addition to any other insurance required by law: | 15 | | (A) comprehensive automobile liability insurance | 16 | | with a minimum combined single limit coverage of | 17 | | $1,000,000; | 18 | | (B) commercial general liability insurance with | 19 | | limits of not less than $1,000,000 per occurrence, | 20 | | $100,000 minimum garage keepers legal liability | 21 | | insurance, and $100,000 minimum on-hook coverage or | 22 | | cargo insurance; and | 23 | | (C) a worker's compensation policy covering every | 24 | | person operating a tow truck on behalf of the towing | 25 | | service , if required under current law ; | 26 | | (5) possess a secure parking lot used for short-term |
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| 1 | | vehicle storage after a vehicle is towed that is open | 2 | | during business hours and is equipped with security | 3 | | features as required by the law enforcement agency; | 4 | | (6) utilize only vehicles that possess a valid vehicle | 5 | | registration, display a valid Illinois license plate in | 6 | | accordance with Section 5-202 of this Code, and comply | 7 | | with the weight requirements of this Code; | 8 | | (7) every person operating a towing or recovery | 9 | | vehicle on behalf of the towing service must have | 10 | | completed a Traffic Incident Management Training Program | 11 | | approved by the Department of Transportation; | 12 | | (8) hold a valid authority issued to it by the | 13 | | Illinois Commerce Commission; | 14 | | (9) comply with all other applicable federal, State, | 15 | | and local laws; and | 16 | | (10) comply with any additional requirements the | 17 | | applicable law enforcement agency deems necessary. | 18 | | The law enforcement agency may select which towing | 19 | | services meeting the requirements of this subsection (b) shall | 20 | | be included on a tow rotation list. The law enforcement agency | 21 | | may choose to have only one towing service on its tow rotation | 22 | | list. Complaints regarding the process for inclusion on a tow | 23 | | rotation list or the use of a tow rotation list may be referred | 24 | | in writing to the head of the law enforcement agency | 25 | | administering that tow rotation list. The head of the law | 26 | | enforcement agency shall make the final determination as to |
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| 1 | | which qualified towing services shall be included on a tow | 2 | | rotation list, and shall not be held liable for the exclusion | 3 | | of any towing service from a tow rotation list. | 4 | | (c) Whenever a law enforcement officer initiates a tow of | 5 | | a vehicle, the officer shall contact his or her law | 6 | | enforcement agency and inform the agency that a tow has been | 7 | | authorized. The law enforcement agency shall then select a | 8 | | towing service from the law enforcement agency's tow rotation | 9 | | list corresponding to the geographical area where the tow was | 10 | | authorized, and shall contact that towing service directly by | 11 | | phone, computer, or similar means. Towing services shall be | 12 | | contacted in the order listed on the appropriate tow rotation | 13 | | list, at which point the towing service shall be placed at the | 14 | | end of that tow rotation list. In the event a listed towing | 15 | | service is not available, the next listed towing service on | 16 | | that tow rotation list shall be contacted. | 17 | | (d) A law enforcement agency may deviate from the order | 18 | | listed on a tow rotation list if the towing service next on | 19 | | that tow rotation list is, in the judgment of the authorizing | 20 | | officer or the law enforcement agency making the selection, | 21 | | incapable of or not properly equipped for handling a specific | 22 | | task related to the tow that requires special skills or | 23 | | equipment. A deviation from the order listed on the tow | 24 | | rotation list for this reason shall not cause a loss of | 25 | | rotation turn by the towing service determined to be incapable | 26 | | or not properly equipped for handling the request. |
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| 1 | | (e) In the event of an emergency a law enforcement officer | 2 | | or agency, taking into account the safety and location of the | 3 | | situation, may deviate from the order of the tow rotation list | 4 | | and obtain towing service from any source deemed appropriate. | 5 | | (f) If the owner or operator of a disabled vehicle is | 6 | | present at the scene of the disabled vehicle, is not under | 7 | | arrest, and does not abandon his or her vehicle, and in the law | 8 | | enforcement officer's opinion the disabled vehicle is not | 9 | | impeding or obstructing traffic, illegally parked, or posing a | 10 | | security or safety risk, the law enforcement officer shall | 11 | | allow the owner of the vehicle to specify a towing service to | 12 | | relocate the disabled vehicle. If the owner chooses not to | 13 | | specify a towing service, the law enforcement agency shall | 14 | | select a towing service for the vehicle as provided in | 15 | | subsection (c) of this Section. | 16 | | (g) If a tow operator is present or arrives where a tow is | 17 | | needed and it has not been requested by the law enforcement | 18 | | agency or the owner or operator, the law enforcement officer, | 19 | | unless acting under Section 11-1431 of this Code, shall advise | 20 | | the tow operator to leave the scene. | 21 | | (h) (Blank).
| 22 | | (Source: P.A. 102-538, eff. 8-20-21; 102-759, eff. 1-1-23 .)
| 23 | | (625 ILCS 5/4-204) (from Ch. 95 1/2, par. 4-204)
| 24 | | Sec. 4-204. Police tows; reports, release of vehicles, | 25 | | payment. When
a vehicle is authorized to be towed away as |
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| 1 | | provided in Section
4-202 or 4-203:
| 2 | | (a) The authorization, any hold order, and any release | 3 | | shall be in
writing, or confirmed in writing, with a copy | 4 | | given to the towing service.
| 5 | | (b) The police headquarters or office of the law | 6 | | officer
authorizing the towing shall keep and maintain a | 7 | | record of the vehicle
towed, listing the color, year of | 8 | | manufacture, manufacturer's trade name,
manufacturer's | 9 | | series name, body style, Vehicle Identification Number,
| 10 | | license plate or digital license plate year and number and | 11 | | registration sticker or digital registration sticker year | 12 | | and number
displayed on the vehicle. The record shall
also | 13 | | include the date and hour of tow, location towed from, | 14 | | location towed
to, reason for towing , and the name of the | 15 | | officer authorizing the tow , the towing service, Illinois | 16 | | Commerce Commission number, and tow truck plate number. .
| 17 | | (c) The owner, operator, or other legally entitled | 18 | | person shall be
responsible to the towing service for | 19 | | payment of applicable removal, towing,
storage, and | 20 | | processing charges and collection costs associated with a | 21 | | vehicle
towed or held under order or authorization of a | 22 | | law enforcement agency. If a
vehicle towed or held under | 23 | | order or authorization of a law enforcement agency
is | 24 | | seized by the ordering or authorizing agency or any other | 25 | | law enforcement
or governmental agency and sold, any | 26 | | unpaid removal, towing, storage,
and processing charges |
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| 1 | | and collection costs shall be paid to the towing service
| 2 | | from the proceeds of the sale. If applicable law provides | 3 | | that the proceeds
are to be paid into the treasury of the | 4 | | appropriate civil jurisdiction, then
any unpaid removal, | 5 | | towing, storage, and processing charges and collection
| 6 | | costs shall be paid to the towing service from the | 7 | | treasury of the civil
jurisdiction. That payment shall | 8 | | not, however, exceed the amount of proceeds
from the sale, | 9 | | with the balance to be paid by the owner, operator, or | 10 | | other
legally entitled person.
| 11 | | (d) Upon delivery of a written release order to the | 12 | | towing service, a
vehicle subject to a hold order shall be | 13 | | released to the owner, operator, or
other legally entitled | 14 | | person upon proof of ownership or other entitlement and
| 15 | | upon payment of applicable removal, towing, storage, and | 16 | | processing charges and
collection costs.
| 17 | | (Source: P.A. 101-395, eff. 8-16-19.)
| 18 | | (625 ILCS 5/4-208) (from Ch. 95 1/2, par. 4-208)
| 19 | | Sec. 4-208. Disposal of unclaimed vehicles.
| 20 | | (a) In cities having a
population of more than 500,000, | 21 | | whenever an abandoned, lost, stolen or
unclaimed vehicle, or | 22 | | vehicle determined to be a hazardous dilapidated
motor vehicle | 23 | | pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
| 24 | | remains unclaimed by the registered owner, lienholder or other | 25 | | legally
entitled person for a period of 18 days after notice |
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| 1 | | has been given under
Sections 4-205 and 4-206 of this Code, if | 2 | | during that 18 days the possessor of the vehicle has sent an | 3 | | additional notice by first class mail to the registered owner, | 4 | | lienholder, or other legally entitled person, the vehicle | 5 | | shall be disposed,
pursuant to the provisions of the | 6 | | "Municipal purchasing act for cities of
500,000 or more | 7 | | population", to a person licensed as an automotive parts
| 8 | | recycler , rebuilder or scrap processor under Chapter 5 of this | 9 | | Code. With respect to any vehicle that has been booted, | 10 | | impounded, or both in accordance with subsection (c) of | 11 | | Section 11-208.3, a city with a population over 500,000 may | 12 | | establish a program whereby the registered owner, lienholder, | 13 | | or other legally entitled person is entitled to any proceeds | 14 | | from the disposition of the vehicle, less any reasonable | 15 | | storage charges, administrative fees, booting fees, towing | 16 | | fees, and parking and compliance fines and penalties.
| 17 | | (b) Except as provided in Section 4-208 for cities with | 18 | | more than
500,000 inhabitants, when an abandoned, lost, stolen | 19 | | or unclaimed
vehicle 7 years of age or newer remains unclaimed | 20 | | by the registered
owner, lienholder or other legally entitled | 21 | | persons for a
period of 30 days after notice has been given as | 22 | | provided in Sections 4-205
and 4-206 of this Code, the law | 23 | | enforcement agency or towing service having
possession of the | 24 | | vehicle shall cause it to be sold at public auction to a
person | 25 | | licensed as an automotive parts recycler , rebuilder or scrap
| 26 | | processor under Chapter 5 of this Code or the towing operator |
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| 1 | | which towed
the vehicle . Notice of the time and place of the
| 2 | | sale shall be posted in a conspicuous place for at least 10 | 3 | | days prior to
the sale on the premises where the vehicle has | 4 | | been impounded. At least 10
days prior to the sale, the law | 5 | | enforcement agency where the vehicle is
impounded, or the | 6 | | towing service where the vehicle is impounded, shall
cause a | 7 | | notice of the time and place of the sale to be sent by | 8 | | certified
mail to the registered owner, lienholder, or other | 9 | | legally entitled persons. Notice as provided in Sections 4-205 | 10 | | and 4-206 of this Code and as
provided in this subsection (b) | 11 | | shall state the time and place of
sale and shall
contain a | 12 | | complete description
of the vehicle to be sold and what steps | 13 | | must be taken by any legally
entitled person to reclaim the | 14 | | vehicle.
| 15 | | (c) If an abandoned, lost, stolen, or unclaimed vehicle | 16 | | displays dealer
plates, notice under this Section and Section | 17 | | 4-209 of this Code shall be sent
to both the dealer and the | 18 | | registered owner, lienholder, or other legally
entitled | 19 | | persons.
| 20 | | (d) In those instances where the certified notification | 21 | | specified in
Sections 4-205 and 4-206 of this Code has been | 22 | | returned by the postal
authorities to the law enforcement | 23 | | agency or towing service, the sending of a second
certified | 24 | | notice will not be required.
| 25 | | (Source: P.A. 94-650, eff. 1-1-06.)
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| 1 | | (625 ILCS 5/4-209) (from Ch. 95 1/2, par. 4-209)
| 2 | | Sec. 4-209. Disposal of unclaimed vehicles more than 7 | 3 | | years of age;
disposal of abandoned or unclaimed vehicles | 4 | | without notice. | 5 | | (a) When the identity of the registered owner, lienholder, | 6 | | or
other legally entitled persons of an abandoned, lost, or | 7 | | unclaimed
vehicle of 7 years of age or newer cannot be | 8 | | determined by any means
provided for in this Chapter, the | 9 | | vehicle may be sold as provided in
Section 4-208 without | 10 | | notice to any person whose identity cannot be determined.
| 11 | | (b) When an abandoned vehicle of more than 7 years of age | 12 | | is
impounded as specified by this Chapter, or when any such | 13 | | vehicle is towed at
the request or with the consent of the | 14 | | owner or operator and is subsequently
abandoned, it will be | 15 | | kept in custody or storage for a
minimum of 10 days for the | 16 | | purpose of determining the identity of the
registered owner, | 17 | | lienholder, or other legally entitled persons
and contacting | 18 | | the registered owner, lienholder, or other legally entitled
| 19 | | persons by the U. S. Mail, public service or
in person for a | 20 | | determination of disposition; and, an examination of the | 21 | | Illinois
State Police stolen vehicle files for theft and | 22 | | wanted information. At
the expiration of the 10 day period, | 23 | | without the benefit of disposition
information being received | 24 | | from the registered owner,
lienholder, or other legally | 25 | | entitled persons, the vehicle may be disposed of
in either of | 26 | | the following ways:
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| 1 | | (1) The law enforcement agency having jurisdiction | 2 | | will authorize the
disposal of the vehicle as junk or | 3 | | salvage .
| 4 | | (2) The towing service may sell the vehicle in the | 5 | | manner provided in
Section 4-208 of this Code, provided | 6 | | that this paragraph (2) shall not apply to
vehicles towed | 7 | | by order or authorization of a law enforcement agency.
| 8 | | (c) A vehicle classified as an antique vehicle, | 9 | | expanded-use antique vehicle, custom vehicle, or
street rod | 10 | | may however be sold
to a person desiring to restore it.
| 11 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 12 | | (625 ILCS 5/4-214) (from Ch. 95 1/2, par. 4-214)
| 13 | | Sec. 4-214. Violations of Section 4-201.
| 14 | | (a) Any person who violates Section 4-201 of this Code or | 15 | | who
aids and abets in that violation:
| 16 | | (1) shall be subject to a mandatory fine of $200 and | 17 | | shall surrender the person's Illinois Commission Commerce | 18 | | license and tow truck plates for one year ; and
| 19 | | (2) shall be required by the court to make a | 20 | | disposition on the abandoned
or unclaimed vehicle and pay | 21 | | all towing, storage, and processing charges and
collection | 22 | | costs pursuant to Section 4-203, subsections (a) and (e).
| 23 | | (b) When a vehicle is abandoned, it shall be presumed that | 24 | | the last
registered owner is responsible for the abandonment | 25 | | and shall be liable for
all towing, storage, and processing |
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| 1 | | charges and collection costs, less any
amounts realized in the | 2 | | disposal of the vehicle. The last registered owner's
liability | 3 | | for storage fees may not exceed a maximum of 30 days' storage | 4 | | fees.
| 5 | | The presumption established under this subsection may
be | 6 | | rebutted by a showing that, prior to the time of the tow:
| 7 | | (1) a report of vehicle theft was filed with respect | 8 | | to the vehicle; or
| 9 | | (2) the vehicle was sold or transferred and the last | 10 | | registered owner
provides the towing service with the | 11 | | correct identity and address of the new
owner at the time | 12 | | of the sale or transfer.
| 13 | | If the presumption established under this subsection is | 14 | | rebutted, the person
responsible for theft of the vehicle or | 15 | | to whom the vehicle was sold or
transferred is liable for all | 16 | | towing, storage, and processing charges and
collection costs.
| 17 | | (Source: P.A. 89-433, eff. 12-15-95.)
| 18 | | Section 95. No acceleration or delay. Where this Act makes | 19 | | changes in a statute that is represented in this Act by text | 20 | | that is not yet or no longer in effect (for example, a Section | 21 | | represented by multiple versions), the use of that text does | 22 | | not accelerate or delay the taking effect of (i) the changes | 23 | | made by this Act or (ii) provisions derived from any other | 24 | | Public Act. | 25 | | Section 99. Effective date. This Act takes effect upon |
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| 1 | | becoming law.
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