Full Text of HB4888 95th General Assembly
HB4888ham002 95TH GENERAL ASSEMBLY
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Rep. Marlow H. Colvin
Filed: 9/9/2008
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| AMENDMENT TO HOUSE BILL 4888
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| AMENDMENT NO. ______. Amend House Bill 4888 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Toll Bridge Act is amended by changing | 5 |
| Section 13 as follows:
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| (605 ILCS 115/13) (from Ch. 137, par. 13)
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| Sec. 13. (a) Any person who intentionally breaks any | 8 |
| mechanical or electronic toll collection device of a toll | 9 |
| bridge operator or any appurtenance thereto is guilty of a | 10 |
| Class C misdemeanor. | 11 |
| (b) Any person who operates a vehicle through a toll gate | 12 |
| or other area of a toll bridge where a toll or charge is due | 13 |
| without paying the amount due shall be guilty of a petty | 14 |
| offense with a maximum penalty not to exceed $300. Whenever a | 15 |
| vehicle is used in violation of this subsection (b), both the | 16 |
| driver and the registered owner of the vehicle shall be jointly |
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| and severally liable to the operator for the toll. | 2 |
| (c) An operator may use photographic and technological | 3 |
| devices for the sole purpose of the collection of tolls and | 4 |
| enforcement of toll violations. An operator may contract with a | 5 |
| county or municipality to provide assistance in the | 6 |
| implementation of an automated toll violation enforcement | 7 |
| system pursuant to Section 11-208.7 of the Illinois Vehicle | 8 |
| Code. | 9 |
| (d) An operator may assess administrative fees and costs | 10 |
| not to exceed a total of $200 against the registered owner of a | 11 |
| vehicle that is used in a violation of subsection (b), | 12 |
| regardless of whether the driver of the vehicle has been | 13 |
| convicted of that offense, whenever the owner fails to pay a | 14 |
| toll pursuant to this Act. | 15 |
| (e) As used in this Section: | 16 |
| "Toll bridge" includes any toll bridge constructed under | 17 |
| this Act, under Section 11-108-1 of the Illinois Municipal | 18 |
| Code, or under any other law. | 19 |
| "Operator" means any entity, public or private, authorized | 20 |
| to collect tolls on a toll bridge. | 21 |
| Every person who shall willfully break, throw, draw or injure | 22 |
| any
gate
erected on any toll bridge, or shall forcibly or | 23 |
| fraudulently pass over any
such bridge without having first | 24 |
| paid or tendered the legal toll, shall be
deemed guilty of a | 25 |
| petty offense, and upon conviction
shall be fined, in addition | 26 |
| to the damage resulting from such wrongful act,
in any sum not |
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| exceeding ten dollars.
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| (Source: P.A. 89-657, eff. 8-14-96)
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| Section 10. The Illinois Vehicle Code is amended by | 4 |
| changing Sections 6-306.5, 11-208, and 11-208.3 and by adding | 5 |
| Sections 1-105.1 and 11-208.7 as follows: | 6 |
| (625 ILCS 5/1-105.1 new) | 7 |
| Sec. 1-105.1. Automated toll violation. A violation | 8 |
| described in Section 11-208.7 of this Code.
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| (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 11 |
| parking,
compliance, or automated traffic law or automated toll | 12 |
| violations; suspension of driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 14 |
| subsection (c) of
this Section, from
any municipality stating | 15 |
| that the owner of a registered vehicle has: (1) failed
to pay | 16 |
| any fine or penalty due and owing as a result of 10 or more | 17 |
| violations
of a
municipality's vehicular standing, parking, or | 18 |
| compliance
regulations established by
ordinance pursuant to | 19 |
| Section 11-208.3 of this Code, or (2) failed to pay any
fine or | 20 |
| penalty due and owing as a result of 5 offenses for automated | 21 |
| traffic
violations as defined in
Section 11-208.6 or automated | 22 |
| toll violations as defined in Section 11-208.7 or any | 23 |
| combination thereof , the Secretary of State
shall suspend the |
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| driving privileges of such person in accordance with the
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| procedures set forth in this Section.
The Secretary shall also | 3 |
| suspend the driving privileges of an owner of a
registered | 4 |
| vehicle upon receipt of a certified report, as prescribed by
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| subsection (f) of this Section, from any municipality stating | 6 |
| that such
person has failed to satisfy any fines or penalties | 7 |
| imposed by final judgments
for 5 or more automated traffic law | 8 |
| violations or automated toll violations or 10 or more | 9 |
| violations of local standing, parking, or
compliance | 10 |
| regulations after
exhaustion of judicial review procedures.
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| (b) Following receipt of the certified report of the | 12 |
| municipality as
specified in this Section, the Secretary of | 13 |
| State shall notify the person
whose name appears on the | 14 |
| certified report that
the person's
drivers license will be | 15 |
| suspended at the end of a specified period of time
unless the | 16 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 18 |
| the municipality has been paid or that inclusion of that
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| person's name on the certified report was in error. The | 20 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 22 |
| Secretary, and
shall be effective as specified by subsection | 23 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 25 |
| notifying the
Secretary of State of unpaid fines or penalties | 26 |
| pursuant to this Section
shall be certified and shall contain |
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| the following:
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| (1) The name, last known address as recorded with the | 3 |
| Secretary of State, as provided by the lessor of the cited | 4 |
| vehicle at the time of lease, or as recorded in a United | 5 |
| States Post Office approved database if any notice sent | 6 |
| under Section 11-208.3 of this Code is returned as | 7 |
| undeliverable, and drivers license number of the
person who | 8 |
| failed to pay the fine or
penalty and the registration | 9 |
| number of any vehicle known to be registered
to such person | 10 |
| in this State.
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| (2) The name of the municipality making the report | 12 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 14 |
| impending
drivers license suspension as prescribed by | 15 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 16 |
| person named in the report at the
address recorded with the | 17 |
| Secretary of State or at the last address known to the | 18 |
| lessor of the cited vehicle at the time of lease or, if any | 19 |
| notice sent under Section 11-208.3 of this Code is returned | 20 |
| as undeliverable, at the last known address recorded in a | 21 |
| United States Post Office approved database; the date on | 22 |
| which such
notice was sent; and the address to which such | 23 |
| notice was sent.
In a municipality with a population of | 24 |
| 1,000,000 or more, the report shall
also include a | 25 |
| statement that the alleged violator's State vehicle | 26 |
| registration
number and vehicle make, if specified on the |
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| automated traffic law or automated toll violation notice, | 2 |
| are correct as they appear on the citations.
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| (d) Any municipality making a certified report to the | 4 |
| Secretary of State
pursuant to this Section
shall notify the | 5 |
| Secretary of State, in a form prescribed by the
Secretary, | 6 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 8 |
| municipality determines
that the original report was in error. | 9 |
| A certified copy of such
notification shall also be given upon | 10 |
| request and at no additional charge
to the person named | 11 |
| therein. Upon receipt of the municipality's
notification or | 12 |
| presentation of a certified copy of such notification, the
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| Secretary of State shall terminate the suspension.
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| (e) Any municipality making a certified report to the | 15 |
| Secretary of State
pursuant to this Section
shall also by | 16 |
| ordinance establish procedures for persons to
challenge the | 17 |
| accuracy of the certified report. The ordinance shall also
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| state the grounds for such a challenge, which may be limited to | 19 |
| (1) the
person not having been the owner or lessee of the | 20 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 21 |
| compliance
violation notices or 5 or more automated traffic law | 22 |
| or automated toll violations on the date or dates such notices | 23 |
| were issued; and (2) the
person
having already paid the fine or | 24 |
| penalty for the 10 or more standing, parking, or compliance | 25 |
| violations or 5 or more automated traffic law or automated toll | 26 |
| violations
indicated on the certified report.
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| (f) Any municipality, other than a municipality | 2 |
| establishing vehicular
standing, parking, and compliance | 3 |
| regulations pursuant to
Section 11-208.3 or automated traffic | 4 |
| law regulations under Section 11-208.6 or automated toll | 5 |
| violations under Section 11-208.7 , may also
cause a suspension | 6 |
| of a person's drivers license pursuant to this Section.
Such | 7 |
| municipality may invoke this sanction by making a certified | 8 |
| report to
the Secretary of State upon a person's failure to | 9 |
| satisfy any fine or
penalty imposed by final judgment for 10 or | 10 |
| more violations of local
standing, parking, or compliance | 11 |
| regulations or 5 or more automated traffic law violations or | 12 |
| automated toll violations after exhaustion
of judicial review
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| procedures, but only if:
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| (1) the municipality complies with the provisions of | 15 |
| this Section in all
respects except in regard to enacting | 16 |
| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
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| drivers license suspension as prescribed by an ordinance | 19 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 21 |
| more, the
municipality
has verified that the alleged | 22 |
| violator's State vehicle registration number and
vehicle | 23 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 25 |
| establishing
standing, parking, and compliance regulations | 26 |
| pursuant to
Section 11-208.3 or automated traffic law |
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| regulations under Section 11-208.6 or automated toll | 2 |
| regulations under Section 11-208.7 , may provide by
ordinance | 3 |
| for the sending of a notice of impending
drivers license | 4 |
| suspension to the person who has failed to satisfy any fine
or | 5 |
| penalty imposed by final judgment for 10 or more violations of | 6 |
| local
standing, parking, or compliance regulations or 5 or more | 7 |
| automated traffic law violations or automated toll violations | 8 |
| or a combination thereof after exhaustion
of
judicial review
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| procedures. An ordinance so providing shall specify that the | 10 |
| notice
sent to the person liable for any fine or penalty
shall | 11 |
| state that failure to pay the fine or
penalty owing within 45 | 12 |
| days of the notice's date will result in the
municipality | 13 |
| notifying the Secretary of State that
the person's drivers | 14 |
| license is eligible for suspension pursuant to this
Section.
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| The notice of impending drivers license suspension
shall be | 16 |
| sent by first class United States mail, postage prepaid, to the
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| address
recorded with the Secretary of State or at the last | 18 |
| address known to the lessor of the cited vehicle at the time of | 19 |
| lease or, if any notice sent under Section 11-208.3 of this | 20 |
| Code is returned as undeliverable, to the last known address | 21 |
| recorded in a United States Post Office approved database.
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| (h) An administrative hearing to contest an impending | 23 |
| suspension or a
suspension made pursuant to this Section may be | 24 |
| had upon filing a written
request with the Secretary of State. | 25 |
| The filing fee for this hearing shall
be $20, to be paid at the | 26 |
| time the request is made.
A municipality which files a |
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| certified report with the Secretary of
State pursuant to this | 2 |
| Section shall reimburse the Secretary for all
reasonable costs | 3 |
| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the | 5 |
| notice
required pursuant to subsection (b) and the costs | 6 |
| incurred by the Secretary
in any hearing conducted with respect | 7 |
| to the report pursuant to this
subsection and any appeal from | 8 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 10 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 12 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06.)
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| (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to | 17 |
| prevent
local authorities with respect to streets and highways | 18 |
| under their
jurisdiction and within the reasonable exercise of | 19 |
| the police power from:
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| 1. Regulating the standing or parking of vehicles, | 21 |
| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or | 23 |
| traffic control
signals;
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| 3. Regulating or prohibiting processions or | 25 |
| assemblages on the highways;
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| 4. Designating particular highways as one-way highways | 2 |
| and requiring that
all vehicles thereon be moved in one | 3 |
| specific direction;
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| 5. Regulating the speed of vehicles in public parks | 5 |
| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as | 7 |
| authorized in Section
11-302, and requiring that all | 8 |
| vehicles stop before entering or crossing
the same or | 9 |
| designating any intersection as a stop intersection or a | 10 |
| yield
right-of-way intersection and requiring all vehicles | 11 |
| to stop or yield the
right-of-way at one or more entrances | 12 |
| to such intersections;
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| 7. Restricting the use of highways as authorized in | 14 |
| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring | 16 |
| the
registration and licensing of same, including the | 17 |
| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles or | 19 |
| specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in Section | 21 |
| 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 24 |
| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal operation;
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| 14. Imposing fines in accordance with Section |
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| 11-1301.3 as penalties
for use of any parking place | 2 |
| reserved for persons with disabilities, as defined
by | 3 |
| Section 1-159.1, or disabled veterans by any person using a | 4 |
| motor
vehicle not bearing registration plates specified in | 5 |
| Section 11-1301.1
or a special decal or device as defined | 6 |
| in Section 11-1301.2
as evidence that the vehicle is | 7 |
| operated by or for a person
with disabilities or disabled | 8 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 10 |
| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of | 12 |
| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections 1, | 14 |
| 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 15 |
| until signs giving
reasonable notice of such local traffic | 16 |
| regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants | 19 |
| from
prohibiting any person from driving or operating any motor | 20 |
| vehicle upon
the roadways of such municipality with headlamps | 21 |
| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to | 23 |
| prevent local
authorities within the reasonable exercise of | 24 |
| their police power from
prohibiting, on private property, the | 25 |
| unauthorized use of parking spaces
reserved for persons with | 26 |
| disabilities.
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| (e) No unit of local government, including a home rule | 2 |
| unit, may enact or
enforce an ordinance that applies only to | 3 |
| motorcycles if the principal purpose
for that ordinance is to | 4 |
| restrict the access of motorcycles to any highway or
portion of | 5 |
| a highway for which federal or State funds have been used for | 6 |
| the
planning, design, construction, or maintenance of that | 7 |
| highway. No unit of
local government, including a home rule | 8 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 9 |
| protective headgear. Nothing in this subsection
(e) shall | 10 |
| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with | 12 |
| Section 12-602
of this Code. No unit of local government, | 13 |
| including a home rule unit, may
regulate motorcycles in a | 14 |
| manner inconsistent with this Code. This subsection
(e) is a | 15 |
| limitation under subsection (i) of Section 6 of Article VII of | 16 |
| the
Illinois Constitution on the concurrent exercise by home | 17 |
| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county designated in Section 11-208.6 | 19 |
| may enact an ordinance providing for an
automated traffic law | 20 |
| enforcement system to enforce violations of this Code or
a | 21 |
| similar provision of a local ordinance and imposing liability | 22 |
| on a registered owner of a vehicle used in such a violation.
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| (g) A municipality or county may enact an ordinance | 24 |
| providing for an automated toll enforcement system to enforce | 25 |
| violations of the Toll Bridge Act or a similar provision of a | 26 |
| local ordinance and imposing liability on a registered owner of |
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| a vehicle used in such a violation. | 2 |
| (Source: P.A. 94-795, eff. 5-22-06.)
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| (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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| Sec. 11-208.3. Administrative adjudication of violations | 5 |
| of traffic
regulations concerning the standing, parking, or | 6 |
| condition of
vehicles and automated traffic law and automated | 7 |
| toll violations.
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| (a) Any municipality may provide by ordinance for a system | 9 |
| of
administrative adjudication of vehicular standing and | 10 |
| parking violations and
vehicle compliance violations as | 11 |
| defined in this subsection and automated traffic law violations | 12 |
| as defined in Section 11-208.6 and automated toll violations as | 13 |
| defined in Section 11-208.7 .
The administrative system shall | 14 |
| have as its purpose the fair and
efficient enforcement of | 15 |
| municipal regulations through the
administrative adjudication | 16 |
| of automated traffic law or automated toll violations and | 17 |
| violations of municipal ordinances
regulating the standing and | 18 |
| parking of vehicles, the condition and use of
vehicle | 19 |
| equipment, and the display of municipal wheel tax licenses | 20 |
| within the
municipality's
borders. The administrative system | 21 |
| shall only have authority to adjudicate
civil offenses carrying | 22 |
| fines not in excess of $250 that occur after the
effective date | 23 |
| of the ordinance adopting such a system under this Section.
For | 24 |
| purposes of this Section, "compliance violation" means a | 25 |
| violation of a
municipal regulation governing the condition or |
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| use of equipment on a vehicle
or governing the display of a | 2 |
| municipal wheel tax license.
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| (b) Any ordinance establishing a system of administrative | 4 |
| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
| 6 |
| adopt, distribute and
process parking, compliance, and | 7 |
| automated traffic law or automated toll violation notices | 8 |
| and other notices required
by this
Section, collect money | 9 |
| paid as fines and penalties for violation of parking
and | 10 |
| compliance
ordinances and automated traffic law or | 11 |
| automated toll violations, and operate an administrative | 12 |
| adjudication system. The traffic
compliance
administrator | 13 |
| also may make a certified report to the Secretary of State
| 14 |
| under Section 6-306.5.
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| (2) A parking, standing, compliance, or automated | 16 |
| traffic law or automated toll violation notice
that
shall | 17 |
| specify the date,
time, and place of violation of a | 18 |
| parking, standing,
compliance, or automated traffic law or | 19 |
| automated toll
regulation; the particular regulation
| 20 |
| violated; the fine and any penalty that may be assessed for | 21 |
| late payment,
when so provided by ordinance; the vehicle | 22 |
| make and state registration
number; and the identification | 23 |
| number of the
person issuing the notice.
With regard to | 24 |
| automated traffic law or automated toll violations, | 25 |
| vehicle make shall be specified on the automated traffic | 26 |
| law or automated toll violation notice if the make is |
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| available and readily discernible. With regard to | 2 |
| municipalities with a population of 1 million or more, it
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| shall be grounds for
dismissal of a parking
violation if | 4 |
| the state registration number or vehicle make specified is
| 5 |
| incorrect. The violation notice shall state that the | 6 |
| payment of the indicated
fine, and of any applicable | 7 |
| penalty for late payment, shall operate as a
final | 8 |
| disposition of the violation. The notice also shall contain
| 9 |
| information as to the availability of a hearing in which | 10 |
| the violation may
be contested on its merits. The violation | 11 |
| notice shall specify the
time and manner in which a hearing | 12 |
| may be had.
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| (3) Service of the parking, standing, or compliance
| 14 |
| violation notice by affixing the
original or a facsimile of | 15 |
| the notice to an unlawfully parked vehicle or by
handing | 16 |
| the notice to the operator of a vehicle if he or she is
| 17 |
| present and service of an automated traffic law or | 18 |
| automated toll violation notice by mail to the
address
of | 19 |
| the registered owner of the cited vehicle as recorded with | 20 |
| the Secretary of
State within 30 days after the Secretary | 21 |
| of State notifies the municipality or county of the | 22 |
| identity of the owner of the vehicle, but in no event later | 23 |
| than 90 days after the violation. A person authorized by | 24 |
| ordinance to issue and serve parking,
standing, and | 25 |
| compliance
violation notices shall certify as to the | 26 |
| correctness of the facts entered
on the violation notice by |
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| signing his or her name to the notice at
the time of | 2 |
| service or in the case of a notice produced by a | 3 |
| computerized
device, by signing a single certificate to be | 4 |
| kept by the traffic
compliance
administrator attesting to | 5 |
| the correctness of all notices produced by the
device while | 6 |
| it was under his or her control. In the case of an | 7 |
| automated traffic law violation, the ordinance shall
| 8 |
| require
a
determination by a technician employed or | 9 |
| contracted by the municipality or county that,
based on | 10 |
| inspection of recorded images, the motor vehicle was being | 11 |
| operated in
violation of Section 11-208.6 or a local | 12 |
| ordinance.
If the technician determines that the
vehicle | 13 |
| entered the intersection as part of a funeral procession or | 14 |
| in order to
yield the right-of-way to an emergency vehicle, | 15 |
| a citation shall not be issued. In the case of an automated | 16 |
| toll violation, the ordinance shall require a | 17 |
| determination by a technician employed or contracted by the | 18 |
| municipality or county or entity having a contract with the | 19 |
| municipality or county that, based on inspection of | 20 |
| recorded images, the motor vehicle was being operated in | 21 |
| violation of subsection (b) of Section 13 of the Toll | 22 |
| Bridge Act or a local ordinance. The original or a
| 23 |
| facsimile of the violation notice or, in the case of a | 24 |
| notice produced by a
computerized device, a printed record | 25 |
| generated by the device showing the facts
entered on the | 26 |
| notice, shall be retained by the
traffic compliance
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| administrator, and shall be a record kept in the ordinary | 2 |
| course of
business. A parking, standing, compliance, or | 3 |
| automated traffic law or automated toll violation notice | 4 |
| issued,
signed and served in
accordance with this Section, | 5 |
| a copy of the notice, or the computer
generated record | 6 |
| shall be prima facie
correct and shall be prima facie | 7 |
| evidence of the correctness of the facts
shown on the | 8 |
| notice. The notice, copy, or computer generated
record | 9 |
| shall be admissible in any
subsequent administrative or | 10 |
| legal proceedings.
| 11 |
| (4) An opportunity for a hearing for the registered | 12 |
| owner of the
vehicle cited in the parking, standing, | 13 |
| compliance, or automated traffic law or automated toll | 14 |
| violation notice in
which the owner may
contest the merits | 15 |
| of the alleged violation, and during which formal or
| 16 |
| technical rules of evidence shall not apply; provided, | 17 |
| however, that under
Section 11-1306 of this Code the lessee | 18 |
| of a vehicle cited in the
violation notice likewise shall | 19 |
| be provided an opportunity for a hearing of
the same kind | 20 |
| afforded the registered owner. The hearings shall be
| 21 |
| recorded, and the person conducting the hearing on behalf | 22 |
| of the traffic
compliance
administrator shall be empowered | 23 |
| to administer oaths and to secure by
subpoena both the | 24 |
| attendance and testimony of witnesses and the production
of | 25 |
| relevant books and papers. Persons appearing at a hearing | 26 |
| under this
Section may be represented by counsel at their |
|
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| 1 |
| expense. The ordinance may
also provide for internal | 2 |
| administrative review following the decision of
the | 3 |
| hearing officer.
| 4 |
| (5) Service of additional notices, sent by first class | 5 |
| United States
mail, postage prepaid, to the address of the | 6 |
| registered owner of the cited
vehicle as recorded with the | 7 |
| Secretary of State or, if any notice to that address is | 8 |
| returned as undeliverable, to the last known address | 9 |
| recorded in a United States Post Office approved database,
| 10 |
| or, under Section 11-1306
of this Code, to the lessee of | 11 |
| the cited vehicle at the last address known
to the lessor | 12 |
| of the cited vehicle at the time of lease or, if any notice | 13 |
| to that address is returned as undeliverable, to the last | 14 |
| known address recorded in a United States Post Office | 15 |
| approved database.
The service shall
be deemed complete as | 16 |
| of the date of deposit in the United States mail.
The | 17 |
| notices shall be in the following sequence and shall | 18 |
| include but not be
limited to the information specified | 19 |
| herein:
| 20 |
| (i) A second notice of parking, standing, or | 21 |
| compliance violation. This notice shall specify the
| 22 |
| date and location of the violation cited in the | 23 |
| parking,
standing,
or compliance violation
notice, the | 24 |
| particular regulation violated, the vehicle
make and | 25 |
| state registration number, the fine and any penalty | 26 |
| that may be
assessed for late payment when so provided |
|
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LRB095 17756 WGH 52794 a |
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| by ordinance, the availability
of a hearing in which | 2 |
| the violation may be contested on its merits, and the
| 3 |
| time and manner in which the hearing may be had. The | 4 |
| notice of violation
shall also state that failure | 5 |
| either to pay the indicated fine and any
applicable | 6 |
| penalty, or to appear at a hearing on the merits in the | 7 |
| time and
manner specified, will result in a final | 8 |
| determination of violation
liability for the cited | 9 |
| violation in the amount of the fine or penalty
| 10 |
| indicated, and that, upon the occurrence of a final | 11 |
| determination of violation liability for the failure, | 12 |
| and the exhaustion of, or
failure to exhaust, available | 13 |
| administrative or judicial procedures for
review, any | 14 |
| unpaid fine or penalty will constitute a debt due and | 15 |
| owing
the municipality.
| 16 |
| (ii) A notice of final determination of parking, | 17 |
| standing,
compliance, or automated traffic law or | 18 |
| automated toll violation liability.
This notice shall | 19 |
| be sent following a final determination of parking,
| 20 |
| standing, compliance, or automated traffic law or | 21 |
| automated toll
violation liability and the conclusion | 22 |
| of judicial review procedures taken
under this | 23 |
| Section. The notice shall state that the unpaid fine or
| 24 |
| penalty is a debt due and owing the municipality. The | 25 |
| notice shall contain
warnings that failure to pay any | 26 |
| fine or penalty due and owing the
municipality within |
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| 1 |
| the time specified may result in the municipality's
| 2 |
| filing of a petition in the Circuit Court to have the | 3 |
| unpaid
fine or penalty rendered a judgment as provided | 4 |
| by this Section, or may
result in suspension of the | 5 |
| person's drivers license for failure to pay
fines or | 6 |
| penalties for 10 or more parking violations under | 7 |
| Section 6-306.5 or 5 or more automated traffic law | 8 |
| violations under Section 11-208.6 or 5 or more | 9 |
| automated toll violations under Section 11-208.7 .
| 10 |
| (6) A Notice of impending drivers license suspension. | 11 |
| This
notice shall be sent to the person liable for any fine | 12 |
| or penalty that
remains due and owing on 10 or more parking
| 13 |
| violations or 5 or more unpaid automated traffic law | 14 |
| violations or automated toll violations . The notice
shall | 15 |
| state that failure to pay the fine or penalty owing within | 16 |
| 45 days of
the notice's date will result in the | 17 |
| municipality notifying the Secretary
of State that the | 18 |
| person is eligible for initiation of suspension
| 19 |
| proceedings under Section 6-306.5 of this Code. The notice | 20 |
| shall also state
that the person may obtain a photostatic | 21 |
| copy of an original ticket imposing a
fine or penalty by | 22 |
| sending a self addressed, stamped envelope to the
| 23 |
| municipality along with a request for the photostatic copy.
| 24 |
| The notice of impending
drivers license suspension shall be | 25 |
| sent by first class United States mail,
postage prepaid, to | 26 |
| the address recorded with the Secretary of State or, if any |
|
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| notice to that address is returned as undeliverable, to the | 2 |
| last known address recorded in a United States Post Office | 3 |
| approved database.
| 4 |
| (7) Final determinations of violation liability. A | 5 |
| final
determination of violation liability shall occur | 6 |
| following failure
to pay the fine or penalty after a | 7 |
| hearing officer's determination of violation liability and | 8 |
| the exhaustion of or failure to exhaust any
administrative | 9 |
| review procedures provided by ordinance. Where a person
| 10 |
| fails to appear at a hearing to contest the alleged | 11 |
| violation in the time
and manner specified in a prior | 12 |
| mailed notice, the hearing officer's
determination of | 13 |
| violation liability shall become final: (A) upon
denial of | 14 |
| a timely petition to set aside that determination, or (B) | 15 |
| upon
expiration of the period for filing the petition | 16 |
| without a
filing having been made.
| 17 |
| (8) A petition to set aside a determination of parking, | 18 |
| standing,
compliance, or automated traffic law or | 19 |
| automated toll violation
liability that may be filed by a | 20 |
| person owing an unpaid fine or penalty.
The petition shall | 21 |
| be filed with and ruled upon by the traffic compliance
| 22 |
| administrator in the manner and within the time specified | 23 |
| by ordinance.
The grounds for the petition may be limited | 24 |
| to: (A) the person not having
been the owner or lessee of | 25 |
| the cited vehicle on the date the
violation notice was | 26 |
| issued, (B) the person having already paid the fine or
|
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| penalty for the violation in question, and (C) excusable | 2 |
| failure to
appear at or
request a new date for a hearing.
| 3 |
| With regard to municipalities with a population of 1 | 4 |
| million or more, it
shall be grounds for
dismissal of a
| 5 |
| parking violation if the state registration number, or | 6 |
| vehicle make if specified, is
incorrect. After the | 7 |
| determination of
parking, standing, compliance, or | 8 |
| automated traffic law or automated toll violation | 9 |
| liability has been set aside
upon a showing of just
cause, | 10 |
| the registered owner shall be provided with a hearing on | 11 |
| the merits
for that violation.
| 12 |
| (9) Procedures for non-residents. Procedures by which | 13 |
| persons who are
not residents of the municipality may | 14 |
| contest the merits of the alleged
violation without | 15 |
| attending a hearing.
| 16 |
| (10) A schedule of civil fines for violations of | 17 |
| vehicular standing,
parking, compliance, or automated | 18 |
| traffic law or automated toll regulations enacted by | 19 |
| ordinance pursuant to this
Section, and a
schedule of | 20 |
| penalties for late payment of the fines, provided, however,
| 21 |
| that the total amount of the fine and penalty for any one | 22 |
| violation shall
not exceed $250, except as provided in | 23 |
| subsection (c) of Section 11-1301.3 of this Code.
| 24 |
| (11) Other provisions as are necessary and proper to | 25 |
| carry into
effect the powers granted and purposes stated in | 26 |
| this Section.
|
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LRB095 17756 WGH 52794 a |
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| (c) Any municipality establishing vehicular standing, | 2 |
| parking,
compliance, or automated traffic law
or automated toll | 3 |
| regulations under this Section may also provide by ordinance | 4 |
| for a
program of vehicle immobilization for the purpose of | 5 |
| facilitating
enforcement of those regulations. The program of | 6 |
| vehicle
immobilization shall provide for immobilizing any | 7 |
| eligible vehicle upon the
public way by presence of a restraint | 8 |
| in a manner to prevent operation of
the vehicle. Any ordinance | 9 |
| establishing a program of vehicle
immobilization under this | 10 |
| Section shall provide:
| 11 |
| (1) Criteria for the designation of vehicles eligible | 12 |
| for
immobilization. A vehicle shall be eligible for | 13 |
| immobilization when the
registered owner of the vehicle has | 14 |
| accumulated the number of unpaid final
determinations of | 15 |
| parking, standing, compliance, or automated traffic law or | 16 |
| automated toll violation liability as
determined by | 17 |
| ordinance.
| 18 |
| (2) A notice of impending vehicle immobilization and a | 19 |
| right to a
hearing to challenge the validity of the notice | 20 |
| by disproving liability
for the unpaid final | 21 |
| determinations of parking, standing, compliance, or | 22 |
| automated traffic law or automated toll
violation | 23 |
| liability listed
on the notice.
| 24 |
| (3) The right to a prompt hearing after a vehicle has | 25 |
| been immobilized
or subsequently towed without payment of | 26 |
| the outstanding fines and
penalties on parking, standing, |
|
|
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LRB095 17756 WGH 52794 a |
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| 1 |
| compliance, or automated traffic law or automated toll | 2 |
| violations for which final
determinations have been
| 3 |
| issued. An order issued after the hearing is a final | 4 |
| administrative
decision within the meaning of Section | 5 |
| 3-101 of the Code of Civil Procedure.
| 6 |
| (4) A post immobilization and post-towing notice | 7 |
| advising the registered
owner of the vehicle of the right | 8 |
| to a hearing to challenge the validity
of the impoundment.
| 9 |
| (d) Judicial review of final determinations of parking, | 10 |
| standing,
compliance, or automated traffic law
or automated | 11 |
| toll violations and final administrative decisions issued | 12 |
| after hearings
regarding vehicle immobilization and | 13 |
| impoundment made
under this Section shall be subject to the | 14 |
| provisions of
the Administrative Review Law.
| 15 |
| (e) Any fine, penalty, or part of any fine or any penalty | 16 |
| remaining
unpaid after the exhaustion of, or the failure to | 17 |
| exhaust, administrative
remedies created under this Section | 18 |
| and the conclusion of any judicial
review procedures shall be a | 19 |
| debt due and owing the municipality and, as
such, may be | 20 |
| collected in accordance with applicable law. Payment in full
of | 21 |
| any fine or penalty resulting from a standing, parking,
| 22 |
| compliance, or automated traffic law or automated toll | 23 |
| violation shall
constitute a final disposition of that | 24 |
| violation.
| 25 |
| (f) After the expiration of the period within which | 26 |
| judicial review may
be sought for a final determination of |
|
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LRB095 17756 WGH 52794 a |
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| parking, standing, compliance, or automated traffic law or | 2 |
| automated toll
violation, the municipality
may commence a | 3 |
| proceeding in the Circuit Court for purposes of obtaining a
| 4 |
| judgment on the final determination of violation. Nothing in | 5 |
| this
Section shall prevent a municipality from consolidating | 6 |
| multiple final
determinations of parking, standing, | 7 |
| compliance, or automated traffic law or automated toll | 8 |
| violations against a
person in a proceeding.
Upon commencement | 9 |
| of the action, the municipality shall file a certified
copy or | 10 |
| record of the final determination of parking, standing, | 11 |
| compliance, or automated traffic law or automated toll
| 12 |
| violation, which shall be
accompanied by a certification that | 13 |
| recites facts sufficient to show that
the final determination | 14 |
| of violation was
issued in accordance with this Section and the | 15 |
| applicable municipal
ordinance. Service of the summons and a | 16 |
| copy of the petition may be by
any method provided by Section | 17 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 18 |
| return receipt requested, provided that the total amount of
| 19 |
| fines and penalties for final determinations of parking, | 20 |
| standing,
compliance, or automated traffic law or automated | 21 |
| toll violations does not
exceed $2500. If the court is | 22 |
| satisfied that the final determination of
parking, standing, | 23 |
| compliance, or automated traffic law or automated toll | 24 |
| violation was entered in accordance with
the requirements of
| 25 |
| this Section and the applicable municipal ordinance, and that | 26 |
| the registered
owner or the lessee, as the case may be, had an |
|
|
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09500HB4888ham002 |
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LRB095 17756 WGH 52794 a |
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| 1 |
| opportunity for an
administrative hearing and for judicial | 2 |
| review as provided in this Section,
the court shall render | 3 |
| judgment in favor of the municipality and against
the | 4 |
| registered owner or the lessee for the amount indicated in the | 5 |
| final
determination of parking, standing, compliance, or | 6 |
| automated traffic law or automated toll violation, plus costs.
| 7 |
| The judgment shall have
the same effect and may be enforced in | 8 |
| the same manner as other judgments
for the recovery of money.
| 9 |
| (Source: P.A. 94-294, eff. 1-1-06; 94-795, eff. 5-22-06; | 10 |
| 94-930, eff. 6-26-06; 95-331, eff. 8-21-07.)
| 11 |
| (625 ILCS 5/11-208.7 new) | 12 |
| Sec. 11-208.7. Automated toll violation enforcement | 13 |
| system. | 14 |
| (a) As used in this Section, "automated toll violation | 15 |
| enforcement system" means a device with one or more motor | 16 |
| vehicle sensors working in conjunction with a toll collection | 17 |
| device to produce recorded images of motor vehicles violating | 18 |
| subsection (b) of Section 13 of the Toll Bridge Act or a | 19 |
| similar provision of a local ordinance. An automated toll | 20 |
| violation enforcement system is a system, in a municipality or | 21 |
| county operated by a governmental agency with or without the | 22 |
| assistance of a private entity, that produces a recorded image | 23 |
| of a motor vehicle's violation of law or a local ordinance and | 24 |
| is designed to obtain a clear recorded image of the vehicle and | 25 |
| the vehicle's license plate. The recorded image must also |
|
|
|
09500HB4888ham002 |
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LRB095 17756 WGH 52794 a |
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| 1 |
| display the time, date, and location of the violation. | 2 |
| (b) As used in this Section, "recorded images" means images | 3 |
| recorded by an automated toll violation enforcement system on: | 4 |
| (1) one or more photographs; | 5 |
| (2) one or more microphotographs; | 6 |
| (3) one or more electronic images; or | 7 |
| (4) a video recording showing the motor vehicle and, on | 8 |
| at least one image or portion of the recording, clearly | 9 |
| identifying the registration plate number of the motor | 10 |
| vehicle. | 11 |
| (c) A county or municipality, including a home rule county | 12 |
| or municipality, may not use an automated toll violation | 13 |
| enforcement system to provide recorded images of a motor | 14 |
| vehicle for the purpose of recording its speed for the purpose | 15 |
| of enforcing any law or ordinance regarding a maximum or | 16 |
| minimum speed limit. The regulation of the use of automated | 17 |
| toll violation enforcement systems to record vehicle speeds is | 18 |
| an exclusive power and function of the State. This subsection | 19 |
| (c) is a denial and limitation of home rule powers and | 20 |
| functions under subsection (h) of Section 6 of Article VII of | 21 |
| the Illinois Constitution. | 22 |
| (d) For each violation of a provision of the Toll Bridge | 23 |
| Act or a local ordinance recorded by an automatic toll | 24 |
| violation enforcement system, the county or municipality | 25 |
| having jurisdiction shall issue a written notice of the | 26 |
| violation to the registered owner of the vehicle. The notice |
|
|
|
09500HB4888ham002 |
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LRB095 17756 WGH 52794 a |
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| 1 |
| shall be delivered to the registered owner of the vehicle, by | 2 |
| mail, within 30 days after the municipality or county is | 3 |
| notified of the identity of the owner of the vehicle, but in no | 4 |
| event later than 90 days after the violation. The notice shall | 5 |
| include: | 6 |
| (1) the name and address of the registered owner of the | 7 |
| vehicle; | 8 |
| (2) the registration number of the motor vehicle | 9 |
| involved in the violation; | 10 |
| (3) the violation charged; | 11 |
| (4) the location where the violation occurred; | 12 |
| (5) the date and time of the violation; | 13 |
| (6) a copy of the recorded images; | 14 |
| (7) the amount of the civil penalty imposed and the | 15 |
| date by which the civil penalty should be paid; | 16 |
| (8) a statement that recorded images are evidence of a | 17 |
| toll violation; | 18 |
| (9) a warning that failure to pay the civil penalty or | 19 |
| to contest liability in a timely manner is an admission of | 20 |
| liability and may result in a suspension of the driving | 21 |
| privileges of the registered owner of the vehicle; and | 22 |
| (10) a statement that the person may elect to proceed | 23 |
| by: | 24 |
| (A) paying the fine and the toll; or | 25 |
| (B) challenging the charge in court, by mail, or by | 26 |
| administrative hearing. |
|
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LRB095 17756 WGH 52794 a |
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| (e) The Secretary of State shall suspend the driving | 2 |
| privileges of the registered owner of the vehicle under Section | 3 |
| 6-306.5 of this Code for failing to pay any fine or penalty due | 4 |
| and owing as a result of 5 violations of the automated traffic | 5 |
| law enforcement system or the automated toll violation | 6 |
| enforcement system or any combination thereof. | 7 |
| (f) Based on inspection of recorded images produced by an | 8 |
| automated toll violation enforcement system, a notice alleging | 9 |
| that the violation occurred shall be evidence of the facts | 10 |
| contained in the notice and admissible in any proceeding | 11 |
| alleging a violation under this Section. | 12 |
| (g) Recorded images made by an automatic toll violation | 13 |
| enforcement system are confidential and shall be made available | 14 |
| only to the alleged violator and governmental and law | 15 |
| enforcement agencies for purposes of adjudicating a violation | 16 |
| of this Section, for statistical purposes, or for other | 17 |
| governmental purposes. Any recorded image evidencing a | 18 |
| violation, however, may be admissible in any proceeding | 19 |
| resulting from the issuance of the citation. | 20 |
| (h) The court or hearing officer may consider in defense of | 21 |
| a violation: | 22 |
| (1) that the motor vehicle or registration plates of | 23 |
| the motor vehicle were stolen before the violation occurred | 24 |
| and not under the control of or in the possession of the | 25 |
| owner at the time of the violation; | 26 |
| (2) that the toll and all administrative fees and costs |
|
|
|
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LRB095 17756 WGH 52794 a |
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| 1 |
| were paid in full at least 30 days prior to the hearing; | 2 |
| and | 3 |
| (3) any other evidence or issues provided by municipal | 4 |
| or county ordinance. | 5 |
| (i) To demonstrate that the motor vehicle or the | 6 |
| registration plates were stolen before the violation occurred | 7 |
| and were not under the control or possession of the owner at | 8 |
| the time of the violation, the owner must submit proof that a | 9 |
| report concerning the stolen motor vehicle or registration | 10 |
| plates was filed with a law enforcement agency in a timely | 11 |
| manner. | 12 |
| (j) Unless the driver of the motor vehicle was cited by a | 13 |
| police officer at the time of the violation, the motor vehicle | 14 |
| owner is subject to a civil penalty not exceeding $150, plus an | 15 |
| additional penalty of not more than $150 for failure to pay the | 16 |
| original penalty in a timely manner, if the motor vehicle is | 17 |
| recorded by an automated toll violation enforcement system. A | 18 |
| violation for which a civil penalty is imposed under this | 19 |
| Section is not a violation of a traffic regulation governing | 20 |
| the movement of vehicles and may not be recorded on the driving | 21 |
| record of the owner of the vehicle. | 22 |
| (k) A toll gate or other area of a toll bridge where a toll | 23 |
| or charge is due that is equipped with an automated toll | 24 |
| violation enforcement system must be posted with a sign visible | 25 |
| to approaching traffic indicating that the gate or area is | 26 |
| being monitored by an automated toll violation enforcement |
|
|
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| 1 |
| system. | 2 |
| (l) A municipality or county in which there is situated a | 3 |
| privately operated toll bridge may enter into an agreement with | 4 |
| the operator of the toll bridge under which the operator | 5 |
| assists in the operation of the automated toll violation | 6 |
| enforcement system on behalf of the municipality or county. The | 7 |
| compensation paid for that assistance may include the | 8 |
| collection and remittance, or payment of equivalent amounts, of | 9 |
| tolls and administrative fees and costs assessed by that | 10 |
| operator.
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
|
|