Full Text of HB4012 93rd General Assembly
HB4012enr 93RD GENERAL ASSEMBLY
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| AN ACT in relation to transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Automated Traffic Control Systems in Highway Construction or | 6 |
| Maintenance Zones Act. | 7 |
| Section 5. Purpose. The purpose of this Act is to increase | 8 |
| safety in highway construction or maintenance zones. | 9 |
| Section 10. Establishment of automated control systems.
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| The Department of State Police may establish an automated | 11 |
| traffic control system in any construction or maintenance zone | 12 |
| established by the Department of Transportation or the Illinois | 13 |
| State Toll Highway Authority. An automated traffic control | 14 |
| system may operate only during those periods when workers are | 15 |
| present in the construction or maintenance zone. | 16 |
| Section 15. Definitions. As used in this Act: | 17 |
| (a) "Automated traffic control system" means a | 18 |
| photographic device, radar device, laser device, or other | 19 |
| electrical or mechanical device or devices designed to record | 20 |
| the speed of a vehicle and obtain a clear photograph or other | 21 |
| recorded image of the vehicle, the vehicle operator, and the | 22 |
| vehicle's registration plate while the driver is violating | 23 |
| Section 11-605.1 of the Illinois Vehicle Code. The photograph | 24 |
| or other recorded image must also display the time, date, and | 25 |
| location of the violation. A law enforcement officer is not | 26 |
| required to be present or to witness the violation. | 27 |
| (b) "Construction or maintenance zone" means an area in | 28 |
| which the Department of Transportation or the Illinois State | 29 |
| Toll Highway Authority has determined that the preexisting | 30 |
| established speed limit through a highway construction or |
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| maintenance project is greater than is reasonable or safe with
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| respect to the conditions expected to exist in the construction | 3 |
| or maintenance
zone and has posted a lower speed limit with a | 4 |
| highway construction or maintenance zone special speed limit | 5 |
| sign in accordance with Section 11-605.1 of the Illinois | 6 |
| Vehicle Code. | 7 |
| (c) "Owner" means the person or entity to whom the vehicle | 8 |
| is registered. | 9 |
| Section 20. Penalties. The penalties for and consequences | 10 |
| of a traffic violation recorded by an automated traffic control | 11 |
| system are the same as for any similar violation of the | 12 |
| Illinois Vehicle Code. | 13 |
| Section 25. Limitations on the use of automated traffic | 14 |
| enforcement systems. | 15 |
| (a) The Department of State Police must conduct a public | 16 |
| information campaign to inform drivers about the use of | 17 |
| automated traffic
control systems in highway construction or | 18 |
| maintenance zones before establishing any of those systems. The | 19 |
| Department of State Police shall adopt rules for implementing | 20 |
| this subsection (a). | 21 |
| (b) Signs indicating that speeds are enforced by automated | 22 |
| traffic control systems must be clearly posted in the areas | 23 |
| where the systems are in use. | 24 |
| (c) Operation of automated traffic control systems is | 25 |
| limited to areas where road construction or maintenance is | 26 |
| occurring. | 27 |
| (d) Photographs obtained in this manner may only be used as | 28 |
| evidence in relation to a violation of Section 11-605.1 of the | 29 |
| Illinois Vehicle Code for which the photograph is taken. The | 30 |
| photographs are available only to the owner of the vehicle, the | 31 |
| offender and the offender's attorney, the judiciary, the local | 32 |
| State's Attorney, and law enforcement officials. | 33 |
| (e) If the driver of the vehicle cannot be identified | 34 |
| through the photograph, the owner is not liable for the fine, |
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| and the citation may not be counted against the driving record | 2 |
| of the owner. If the driver can be identified, the driver is | 3 |
| liable for the fine, and the violation is counted against his | 4 |
| or her driving record. | 5 |
| Section 30. Requirements for issuance of a citation. | 6 |
| (a) The vehicle, vehicle operator, vehicle registration | 7 |
| plate, speed, date, time, and location must be clearly visible | 8 |
| on the photograph or other recorded image of the alleged | 9 |
| violation. | 10 |
| (b) A Uniform Traffic Citation must be mailed or otherwise | 11 |
| delivered to the registered owner of the vehicle. If mailed, | 12 |
| the citation must be sent via certified mail within 6 business | 13 |
| days of the alleged violation, return receipt requested. | 14 |
| (c) The Uniform Traffic Citation must include: | 15 |
| (1) the name and address of the vehicle owner; | 16 |
| (2) the registration number of the vehicle; | 17 |
| (3) the offense charged; | 18 |
| (4) the time, date, and location of the violation; | 19 |
| (5) the first available court date; and
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| (6) notice that the basis of the citation is the | 21 |
| photograph or recorded image from the automated traffic | 22 |
| control system. | 23 |
| (d) The Uniform Traffic Citation issued to the violator | 24 |
| must be accompanied by a written document that lists the | 25 |
| violator's rights and obligations and explains how the violator | 26 |
| can elect to proceed by either paying the fine or challenging | 27 |
| the issuance of the Uniform Traffic Citation. | 28 |
| Section 35. Response to issuance of a citation. | 29 |
| (a) A person issued a citation under this Act may respond | 30 |
| to the citation in person or by any method allowed by law. | 31 |
| (b) If the driver of the vehicle cannot be identified | 32 |
| through the photograph or other recorded image, the owner is | 33 |
| not liable for the fine. |
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| Section 40. Admissibility of recorded images. Except as | 2 |
| provided in Section 45, any photograph or other recorded image | 3 |
| evidencing a violation of Section 11-605.1 of the Illinois | 4 |
| Vehicle Code is admissible in any proceeding resulting from the | 5 |
| issuance of the Uniform Traffic Citation. Photographs or | 6 |
| recorded images made by an automatic traffic control system are | 7 |
| confidential and shall be made available only to the defendant | 8 |
| and to governmental or law enforcement agencies within the | 9 |
| jurisdiction for the purposes of adjudicating a driving | 10 |
| violation. | 11 |
| Section 45. Vehicle rental or leasing company's | 12 |
| identification of a renter or lessee. | 13 |
| (a)
A Uniform Traffic Citation issued under this Act to a | 14 |
| motor vehicle rental or leasing company shall be dismissed with | 15 |
| respect to the rental or leasing company if: | 16 |
| (1) the company responds to the Uniform Traffic | 17 |
| Citation by submitting, within 30 days of the mailing of | 18 |
| the citation, an affidavit of non-liability stating that, | 19 |
| at the time of the alleged speeding or other traffic | 20 |
| violation, the vehicle was in the custody and control of a | 21 |
| renter or lessee under the terms of a rental agreement or | 22 |
| lease; and | 23 |
| (2) the company provides the driver's license number, | 24 |
| name, and address of the renter or lessee. | 25 |
| (b) A Uniform Traffic Citation dismissed with respect to a | 26 |
| motor vehicle rental or leasing company in accordance with | 27 |
| subsection (a) may then be issued and delivered by mail or | 28 |
| other means to the renter or lessee identified in the affidavit | 29 |
| of non-liability.
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| Section 90. The Illinois Vehicle Code is amended by | 31 |
| changing Section 11-605.2 as follows: | 32 |
| (625 ILCS 5/11-605.2 new)
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| Sec. 11-605.2. Delegation of authority to set a special |
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| speed limit while traveling
through highway
construction or | 2 |
| maintenance zones. | 3 |
| (a) A local agency may delegate to its superintendent of | 4 |
| highways the authority to set and post a reduced speed limit | 5 |
| for a construction or maintenance zone, as defined in Section | 6 |
| 11-605, under subsection (b) of that Section. | 7 |
| (b) If a superintendent of highways sets a reduced speed | 8 |
| limit for a construction or maintenance zone in accordance with | 9 |
| this Section, the local agency must maintain a record that | 10 |
| indicates: | 11 |
| (1) the location of the construction or maintenance | 12 |
| zone; | 13 |
| (2) the reduced speed limit set and posted for the | 14 |
| construction or maintenance zone; and | 15 |
| (3) the dates during which the reduced speed limit was | 16 |
| in effect.
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| Section 999. Effective date. This Act takes effect upon | 18 |
| becoming law.
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