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92_SB2317
LRB9216114DHmg
1 AN ACT in relation to vehicles.
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 1-105.5, 6-204, 11-208.3, and 11-306 as
6 follows:
7 (625 ILCS 5/1-105.5)
8 Sec. 1-105.5. Automated red light enforcement system. A
9 system in a municipality with a population of 1,000,000 or
10 more operated by a governmental agency, in cooperation with a
11 law enforcement agency, that photographically records a motor
12 vehicle's response to a traffic control signal with a red
13 light indication and is designed to obtain a clear photograph
14 of the vehicle and the vehicle's license plate when the motor
15 vehicle is involved in a motor vehicle accident, leaving the
16 scene of a motor vehicle accident, or reckless driving that
17 results in bodily injury.
18 (Source: P.A. 90-86, eff. 7-10-97.)
19 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
20 Sec. 6-204. When Court to forward License and Reports.
21 (a) For the purpose of providing to the Secretary of
22 State the records essential to the performance of the
23 Secretary's duties under this Code to cancel, revoke or
24 suspend the driver's license and privilege to drive motor
25 vehicles of certain minors adjudicated truant minors in need
26 of supervision, addicted, or delinquent and of persons found
27 guilty of the criminal offenses or traffic violations which
28 this Code recognizes as evidence relating to unfitness to
29 safely operate motor vehicles, the following duties are
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1 imposed upon public officials:
2 (1) Whenever any person is convicted of any offense
3 for which this Code makes mandatory the cancellation or
4 revocation of the driver's license or permit of such
5 person by the Secretary of State, the judge of the court
6 in which such conviction is had shall require the
7 surrender to the clerk of the court of all driver's
8 licenses or permits then held by the person so convicted,
9 and the clerk of the court shall, within 10 days
10 thereafter, forward the same, together with a report of
11 such conviction, to the Secretary.
12 (2) Whenever any person is convicted of any offense
13 under this Code or similar offenses under a municipal
14 ordinance, other than regulations governing standing,
15 parking or weights of vehicles, and excepting the
16 following enumerated Sections of this Code: Sections
17 11-1406 (obstruction to driver's view or control),
18 11-1407 (improper opening of door into traffic), 11-1410
19 (coasting on downgrade), 11-1411 (following fire
20 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
21 (driving vehicle which is in unsafe condition or
22 improperly equipped), 12-201(a) (daytime lights on
23 motorcycles), 12-202 (clearance, identification and side
24 marker lamps), 12-204 (lamp or flag on projecting load),
25 12-205 (failure to display the safety lights required),
26 12-401 (restrictions as to tire equipment), 12-502
27 (mirrors), 12-503 (windshields must be unobstructed and
28 equipped with wipers), 12-601 (horns and warning
29 devices), 12-602 (mufflers, prevention of noise or
30 smoke), 12-603 (seat safety belts), 12-702 (certain
31 vehicles to carry flares or other warning devices),
32 12-703 (vehicles for oiling roads operated on highways),
33 12-710 (splash guards and replacements), 13-101 (safety
34 tests), 15-101 (size, weight and load), 15-102 (width),
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1 15-103 (height), 15-104 (name and address on second
2 division vehicles), 15-107 (length of vehicle), 15-109.1
3 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
4 15-301 (weights), 15-316 (weights), 15-318 (weights), and
5 also excepting the following enumerated Sections of the
6 Chicago Municipal Code: Sections 27-245 (following fire
7 apparatus), 27-254 (obstruction of traffic), 27-258
8 (driving vehicle which is in unsafe condition), 27-259
9 (coasting on downgrade), 27-264 (use of horns and signal
10 devices), 27-265 (obstruction to driver's view or driver
11 mechanism), 27-267 (dimming of headlights), 27-268
12 (unattended motor vehicle), 27-272 (illegal funeral
13 procession), 27-273 (funeral procession on boulevard),
14 27-275 (driving freight hauling vehicles on boulevard),
15 27-276 (stopping and standing of buses or taxicabs),
16 27-277 (cruising of public passenger vehicles), 27-305
17 (parallel parking), 27-306 (diagonal parking), 27-307
18 (parking not to obstruct traffic), 27-308 (stopping,
19 standing or parking regulated), 27-311 (parking
20 regulations), 27-312 (parking regulations), 27-313
21 (parking regulations), 27-314 (parking regulations),
22 27-315 (parking regulations), 27-316 (parking
23 regulations), 27-317 (parking regulations), 27-318
24 (parking regulations), 27-319 (parking regulations),
25 27-320 (parking regulations), 27-321 (parking
26 regulations), 27-322 (parking regulations), 27-324
27 (loading and unloading at an angle), 27-333 (wheel and
28 axle loads), 27-334 (load restrictions in the downtown
29 district), 27-335 (load restrictions in residential
30 areas), 27-338 (width of vehicles), 27-339 (height of
31 vehicles), 27-340 (length of vehicles), 27-352
32 (reflectors on trailers), 27-353 (mufflers), 27-354
33 (display of plates), 27-355 (display of city vehicle tax
34 sticker), 27-357 (identification of vehicles), 27-358
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1 (projecting of loads), and also excepting the following
2 enumerated paragraphs of Section 2-201 of the Rules and
3 Regulations of the Illinois State Toll Highway Authority:
4 (l) (driving unsafe vehicle on tollway), (m) (vehicles
5 transporting dangerous cargo not properly indicated), it
6 shall be the duty of the clerk of the court in which such
7 conviction is had within 10 days thereafter to forward to
8 the Secretary of State a report of the conviction and the
9 court may recommend the suspension of the driver's
10 license or permit of the person so convicted.
11 The reporting requirements of this subsection shall apply
12 to all violations stated in paragraphs (1) and (2) of this
13 subsection when the individual has been adjudicated under the
14 Juvenile Court Act or the Juvenile Court Act of 1987. Such
15 reporting requirements shall also apply to individuals
16 adjudicated under the Juvenile Court Act or the Juvenile
17 Court Act of 1987 who have committed a violation of Section
18 11-501 of this Code, or similar provision of a local
19 ordinance, or Section 9-3 of the Criminal Code of 1961, as
20 amended, relating to the offense of reckless homicide. The
21 reporting requirements of this subsection shall also apply to
22 a truant minor in need of supervision, an addicted minor, or
23 a delinquent minor and whose driver's license and privilege
24 to drive a motor vehicle has been ordered suspended for such
25 times as determined by the Court, but only until he or she
26 attains 18 years of age. It shall be the duty of the clerk
27 of the court in which adjudication is had within 10 days
28 thereafter to forward to the Secretary of State a report of
29 the adjudication and the court order requiring the Secretary
30 of State to suspend the minor's driver's license and driving
31 privilege for such time as determined by the Court, but only
32 until he or she attains the age of 18 years. All juvenile
33 court dispositions reported to the Secretary of State under
34 this provision shall be processed by the Secretary of State
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1 as if the cases had been adjudicated in traffic or criminal
2 court. However, information reported relative to the offense
3 of reckless homicide, or Section 11-501 of this Code, or a
4 similar provision of a local ordinance, shall be privileged
5 and available only to the Secretary of State, courts, and
6 police officers.
7 (3) Whenever an order is entered vacating the
8 forfeiture of any bail, security or bond given to secure
9 appearance for any offense under this Code or similar
10 offenses under municipal ordinance, it shall be the duty
11 of the clerk of the court in which such vacation was had
12 or the judge of such court if such court has no clerk,
13 within 10 days thereafter to forward to the Secretary of
14 State a report of the vacation.
15 (4) A report of any disposition of court
16 supervision for a violation of Sections 6-303, 11-401,
17 11-501 or a similar provision of a local ordinance,
18 11-503 and 11-504 shall be forwarded to the Secretary of
19 State. A report of any disposition of court supervision
20 for a violation of an offense defined as a serious
21 traffic violation in this Code or a similar provision of
22 a local ordinance committed by a person under the age of
23 21 years shall be forwarded to the Secretary of State.
24 (5) Reports of conviction under this Code and
25 sentencing hearings under the Juvenile Court Act of 1987
26 in an electronic format or a computer processible medium
27 shall be forwarded to the Secretary of State via the
28 Supreme Court in the form and format required by the
29 Illinois Supreme Court and established by a written
30 agreement between the Supreme Court and the Secretary of
31 State. In counties with a population over 300,000,
32 instead of forwarding reports to the Supreme Court,
33 reports of conviction under this Code and sentencing
34 hearings under the Juvenile Court Act of 1987 in an
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1 electronic format or a computer processible medium may be
2 forwarded to the Secretary of State by the Circuit Court
3 Clerk in a form and format required by the Secretary of
4 State and established by written agreement between the
5 Circuit Court Clerk and the Secretary of State. Failure
6 to forward the reports of conviction or sentencing
7 hearing under the Juvenile Court Act of 1987 as required
8 by this Section shall be deemed an omission of duty and
9 it shall be the duty of the several State's Attorneys to
10 enforce the requirements of this Section.
11 6. Whenever any municipality has established a
12 system of administrative adjudication to determine
13 liability for a violation of subsection (c) of Section
14 11-306 or a similar offense under a municipal ordinance
15 that is recorded by an automated red light enforcement
16 system, the municipality, within 10 days of determining
17 liability for a violation, shall forward a report of the
18 adjudication to the Secretary of State. The report shall
19 be in a form required by the Secretary of State.
20 (b) Whenever a restricted driving permit is forwarded to
21 a court, as a result of confiscation by a police officer
22 pursuant to the authority in Section 6-113(f), it shall be
23 the duty of the clerk, or judge, if the court has no clerk,
24 to forward such restricted driving permit and a facsimile of
25 the officer's citation to the Secretary of State as
26 expeditiously as practicable.
27 (c) For the purposes of this Code, a forfeiture of bail
28 or collateral deposited to secure a defendant's appearance in
29 court when forfeiture has not been vacated, or the failure of
30 a defendant to appear for trial after depositing his driver's
31 license in lieu of other bail, shall be equivalent to a
32 conviction.
33 (d) For the purpose of providing the Secretary of State
34 with records necessary to properly monitor and assess driver
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1 performance and assist the courts in the proper disposition
2 of repeat traffic law offenders, the clerk of the court shall
3 forward to the Secretary of State, on a form prescribed by
4 the Secretary, records of a driver's participation in a
5 driver remedial or rehabilitative program which was required,
6 through a court order or court supervision, in relation to
7 the driver's arrest for a violation of Section 11-501 of this
8 Code or a similar provision of a local ordinance. The clerk
9 of the court shall also forward to the Secretary, either on
10 paper or in an electronic format or a computer processible
11 medium as required under paragraph (5) of subsection (a) of
12 this Section, any disposition of court supervision for any
13 traffic violation, excluding those offenses listed in
14 paragraph (2) of subsection (a) of this Section. These
15 reports shall be sent within 10 days after disposition, or,
16 if the driver is referred to a driver remedial or
17 rehabilitative program, within 10 days of the driver's
18 referral to that program. These reports received by the
19 Secretary of State, including those required to be forwarded
20 under paragraph (a)(4), shall be privileged information,
21 available only (i) to the affected driver and (ii) for use by
22 the courts, police officers, prosecuting authorities, and the
23 Secretary of State.
24 (Source: P.A. 91-357, eff. 7-29-99; 91-716, eff. 10-1-00;
25 92-458, eff. 8-22-01.)
26 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
27 Sec. 11-208.3. Administrative adjudication of violations
28 of traffic regulations concerning the standing, parking, or
29 condition of vehicles and automated red light violations.
30 (a) Any municipality may provide by ordinance for a
31 system of administrative adjudication of vehicular standing
32 and parking violations, and vehicle compliance violations as
33 defined in this subsection, and automated red light
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1 violations as defined by this subsection. The administrative
2 system shall have as its purpose the fair and efficient
3 enforcement of municipal regulations through the
4 administrative adjudication of violations of municipal
5 ordinances regulating the standing and parking of vehicles,
6 the condition and use of vehicle equipment, and the display
7 of municipal wheel tax licenses within the municipality's
8 borders. The administrative system shall only have authority
9 to adjudicate civil offenses carrying fines not in excess of
10 $250 that occur after the effective date of the ordinance
11 adopting such a system under this Section. For purposes of
12 this Section, "compliance violation" means a violation of a
13 municipal regulation governing the condition or use of
14 equipment on a vehicle or governing the display of a
15 municipal wheel tax license. For purposes of this Section,
16 "automated red light violation" means a violation of
17 subsection (c) of Section 11-306 or a similar offense under a
18 municipal ordinance that is recorded by an automated red
19 light enforcement system.
20 (b) Any ordinance establishing a system of
21 administrative adjudication under this Section shall provide
22 for:
23 (1) A traffic compliance administrator authorized
24 to adopt, distribute and process parking and compliance
25 violation notices and other notices required by this
26 Section, collect money paid as fines and penalties for
27 violation of parking and compliance ordinances, and
28 operate an administrative adjudication system. The
29 traffic compliance administrator also may make a
30 certified report to the Secretary of State under Section
31 6-306.5.
32 (2) A parking, standing, or compliance, or
33 automated red light violation notice that shall specify
34 the date, time, and place of violation of a parking,
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1 standing, or compliance, or automated red light
2 regulation; the particular regulation violated; the fine
3 and any penalty that may be assessed for late payment,
4 when so provided by ordinance; the vehicle make and state
5 registration number; and the identification number of the
6 person issuing the notice. With regard to municipalities
7 with a population of 1 million or more, it shall be
8 grounds for dismissal of a parking violation if the State
9 registration number or vehicle make specified is
10 incorrect. The violation notice shall state that the
11 payment of the indicated fine, and of any applicable
12 penalty for late payment, shall operate as a final
13 disposition of the violation. The notice also shall
14 contain information as to the availability of a hearing
15 in which the violation may be contested on its merits.
16 The violation notice shall specify the time and manner in
17 which a hearing may be had.
18 (3) Service of the parking, standing, or compliance
19 violation notice by affixing the original or a facsimile
20 of the notice to an unlawfully parked vehicle or by
21 handing the notice to the operator of a vehicle if he or
22 she is present and service of an automated red light
23 violation notice by mail to the address of the registered
24 owner of the cited vehicle as recorded with the Secretary
25 of State within 30 days of the violation. A person
26 authorized by ordinance to issue and serve parking,
27 standing, and compliance, or automated red light
28 violation notices shall certify as to the correctness of
29 the facts entered on the violation notice by signing his
30 or her name to the notice at the time of service or in
31 the case of a notice produced by a computerized device,
32 by signing a single certificate to be kept by the traffic
33 compliance administrator attesting to the correctness of
34 all notices produced by the device while it was under his
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1 or her control. The original or a facsimile of the
2 violation notice shall be retained by the traffic
3 compliance administrator, and shall be a record kept in
4 the ordinary course of business. A parking, standing, or
5 compliance, or automated red light violation notice
6 issued, signed and served in accordance with this
7 Section, or a copy of the notice, shall be prima facie
8 correct and shall be prima facie evidence of the
9 correctness of the facts shown on the notice. The notice
10 or copy shall be admissible in any subsequent
11 administrative or legal proceedings.
12 (4) An opportunity for a hearing for the registered
13 owner of the vehicle cited in the parking, standing, or
14 compliance, or automated red light violation notice in
15 which the owner may contest the merits of the alleged
16 violation, and during which formal or technical rules of
17 evidence shall not apply; provided, however, that under
18 Section 11-1306 of this Code the lessee of a vehicle
19 cited in the violation notice likewise shall be provided
20 an opportunity for a hearing of the same kind afforded
21 the registered owner. The hearings shall be recorded,
22 and the person conducting the hearing on behalf of the
23 traffic compliance administrator shall be empowered to
24 administer oaths and to secure by subpoena both the
25 attendance and testimony of witnesses and the production
26 of relevant books and papers. Persons appearing at a
27 hearing under this Section may be represented by counsel
28 at their expense. The ordinance may also provide for
29 internal administrative review following the decision of
30 the hearing officer.
31 (5) Service of additional notices, sent by first
32 class United States mail, postage prepaid, to the address
33 of the registered owner of the cited vehicle as recorded
34 with the Secretary of State or, under Section 11-1306 of
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1 this Code, to the lessee of the cited vehicle at the last
2 address known to the lessor of the cited vehicle at the
3 time of lease. The service shall be deemed complete as
4 of the date of deposit in the United States mail. The
5 notices shall be in the following sequence and shall
6 include but not be limited to the information specified
7 herein:
8 (i) A second notice of violation. This notice
9 shall specify the date and location of the violation
10 cited in the parking, standing, or compliance, or
11 automated red light violation notice, the particular
12 regulation violated, the vehicle make and state
13 registration number, the fine and any penalty that
14 may be assessed for late payment when so provided by
15 ordinance, the availability of a hearing in which
16 the violation may be contested on its merits, and
17 the time and manner in which the hearing may be had.
18 The notice of violation shall also state that
19 failure either to pay the indicated fine and any
20 applicable penalty, or to appear at a hearing on the
21 merits in the time and manner specified, will result
22 in a final determination of violation liability for
23 the cited violation in the amount of the fine or
24 penalty indicated, and that, upon the occurrence of
25 a final determination of violation liability for the
26 failure, and the exhaustion of, or failure to
27 exhaust, available administrative or judicial
28 procedures for review, any unpaid fine or penalty
29 will constitute a debt due and owing the
30 municipality.
31 (ii) A notice of final determination of
32 parking, standing, or compliance, or automated red
33 light violation liability. This notice shall be sent
34 following a final determination of parking,
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1 standing, or compliance, or automated red light
2 violation liability and the conclusion of judicial
3 review procedures taken under this Section. The
4 notice shall state that the unpaid fine or penalty
5 is a debt due and owing the municipality. The
6 notice shall contain warnings that failure to pay
7 any fine or penalty due and owing the municipality
8 within the time specified may result in the
9 municipality's filing of a petition in the Circuit
10 Court to have the unpaid fine or penalty rendered a
11 judgment as provided by this Section, or may result
12 in suspension of the person's drivers license for
13 failure to pay fines or penalties for 10 or more
14 parking violations under Section 6-306.5.
15 (6) A Notice of impending drivers license
16 suspension. This notice shall be sent to the person
17 liable for any fine or penalty that remains due and owing
18 on 10 or more parking violations. The notice shall state
19 that failure to pay the fine or penalty owing within 45
20 days of the notice's date will result in the municipality
21 notifying the Secretary of State that the person is
22 eligible for initiation of suspension proceedings under
23 Section 6-306.5 of this Code. The notice shall also state
24 that the person may obtain a photostatic copy of an
25 original ticket imposing a fine or penalty by sending a
26 self addressed, stamped envelope to the municipality
27 along with a request for the photostatic copy. The
28 notice of impending drivers license suspension shall be
29 sent by first class United States mail, postage prepaid,
30 to the address recorded with the Secretary of State.
31 (7) Final determinations of violation liability. A
32 final determination of violation liability shall occur
33 following failure to pay the fine or penalty after a
34 hearing officer's determination of violation liability
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1 and the exhaustion of or failure to exhaust any
2 administrative review procedures provided by ordinance.
3 Where a person fails to appear at a hearing to contest
4 the alleged violation in the time and manner specified in
5 a prior mailed notice, the hearing officer's
6 determination of violation liability shall become final:
7 (A) upon denial of a timely petition to set aside that
8 determination, or (B) upon expiration of the period for
9 filing the petition without a filing having been made.
10 (8) A petition to set aside a determination of
11 parking, standing, or compliance, or automated red light
12 violation liability that may be filed by a person owing
13 an unpaid fine or penalty. The petition shall be filed
14 with and ruled upon by the traffic compliance
15 administrator in the manner and within the time specified
16 by ordinance. The grounds for the petition may be limited
17 to: (A) the person not having been the owner or lessee
18 of the cited vehicle on the date the violation notice was
19 issued, (B) the person having already paid the fine or
20 penalty for the violation in question, and (C) excusable
21 failure to appear at or request a new date for a hearing.
22 With regard to municipalities with a population of 1
23 million or more, it shall be grounds for dismissal of a
24 parking violation if the State registration number or
25 vehicle make specified is incorrect. After the
26 determination of parking, standing, or compliance, or
27 automated red light violation liability has been set
28 aside upon a showing of just cause, the registered owner
29 shall be provided with a hearing on the merits for that
30 violation.
31 (9) Procedures for non-residents. Procedures by
32 which persons who are not residents of the municipality
33 may contest the merits of the alleged violation without
34 attending a hearing.
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1 (10) A schedule of civil fines for violations of
2 vehicular standing, parking, and compliance, and
3 automated red light regulations enacted by ordinance
4 pursuant to this Section, and a schedule of penalties for
5 late payment of the fines, provided, however, that the
6 total amount of the fine and penalty for any one
7 violation shall not exceed $250.
8 (11) Other provisions as are necessary and proper
9 to carry into effect the powers granted and purposes
10 stated in this Section.
11 (c) Any municipality establishing vehicular standing,
12 parking, and compliance, and automated red light regulations
13 under this Section may also provide by ordinance for a
14 program of vehicle immobilization for the purpose of
15 facilitating enforcement of those regulations. The program
16 of vehicle immobilization shall provide for immobilizing any
17 eligible vehicle upon the public way by presence of a
18 restraint in a manner to prevent operation of the vehicle.
19 Any ordinance establishing a program of vehicle
20 immobilization under this Section shall provide:
21 (1) Criteria for the designation of vehicles
22 eligible for immobilization. A vehicle shall be eligible
23 for immobilization when the registered owner of the
24 vehicle has accumulated the number of unpaid final
25 determinations of parking, standing, or compliance, or
26 automated red light violation liability as determined by
27 ordinance.
28 (2) A notice of impending vehicle immobilization
29 and a right to a hearing to challenge the validity of the
30 notice by disproving liability for the unpaid final
31 determinations of parking, standing, or compliance, or
32 automated red light violation liability listed on the
33 notice.
34 (3) The right to a prompt hearing after a vehicle
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1 has been immobilized or subsequently towed without
2 payment of the outstanding fines and penalties on
3 parking, standing, or compliance, or automated red light
4 violations for which final determinations have been
5 issued. An order issued after the hearing is a final
6 administrative decision within the meaning of Section
7 3-101 of the Code of Civil Procedure.
8 (4) A post immobilization and post-towing notice
9 advising the registered owner of the vehicle of the right
10 to a hearing to challenge the validity of the
11 impoundment.
12 (d) Judicial review of final determinations of parking,
13 standing, and compliance, and automated red light violations
14 and final administrative decisions issued after hearings
15 regarding vehicle immobilization and impoundment made under
16 this Section shall be subject to the provisions of the
17 Administrative Review Law.
18 (e) Any fine, penalty, or part of any fine or any
19 penalty remaining unpaid after the exhaustion of, or the
20 failure to exhaust, administrative remedies created under
21 this Section and the conclusion of any judicial review
22 procedures shall be a debt due and owing the municipality
23 and, as such, may be collected in accordance with applicable
24 law. Payment in full of any fine or penalty resulting from a
25 standing, parking, or compliance, or automated red light
26 violation shall constitute a final disposition of that
27 violation.
28 (f) After the expiration of the period within which
29 judicial review may be sought for a final determination of
30 parking, standing, or compliance, or automated red light
31 violation, the municipality may commence a proceeding in the
32 Circuit Court for purposes of obtaining a judgment on the
33 final determination of violation. Nothing in this Section
34 shall prevent a municipality from consolidating multiple
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1 final determinations of parking, standing, or compliance, or
2 automated red light violation against a person in a
3 proceeding. Upon commencement of the action, the
4 municipality shall file a certified copy of the final
5 determination of parking, standing, or compliance, or
6 automated red light violation, which shall be accompanied by
7 a certification that recites facts sufficient to show that
8 the final determination of violation was issued in accordance
9 with this Section and the applicable municipal ordinance.
10 Service of the summons and a copy of the petition may be by
11 any method provided by Section 2-203 of the Code of Civil
12 Procedure or by certified mail, return receipt requested,
13 provided that the total amount of fines and penalties for
14 final determinations of parking, standing, or compliance, or
15 automated red light violations does not exceed $2500. If the
16 court is satisfied that the final determination of parking,
17 standing, or compliance, or automated red light violation was
18 entered in accordance with the requirements of this Section
19 and the applicable municipal ordinance, and that the
20 registered owner or the lessee, as the case may be, had an
21 opportunity for an administrative hearing and for judicial
22 review as provided in this Section, the court shall render
23 judgment in favor of the municipality and against the
24 registered owner or the lessee for the amount indicated in
25 the final determination of parking, standing, or compliance,
26 or automated red light violation, plus costs. The judgment
27 shall have the same effect and may be enforced in the same
28 manner as other judgments for the recovery of money.
29 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
30 eff. 1-1-96.)
31 (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
32 Sec. 11-306. Traffic-control signal legend. Whenever
33 traffic is controlled by traffic-control signals exhibiting
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1 different colored lights or color lighted arrows,
2 successively one at a time or in combination, only the colors
3 green, red and yellow shall be used, except for special
4 pedestrian signals carrying a word legend, and the lights
5 shall indicate and apply to drivers of vehicles and
6 pedestrians as follows:
7 (a) Green indication.
8 1. Vehicular traffic facing a circular green signal
9 may proceed straight through or turn right or left unless
10 a sign at such place prohibits either such turn.
11 Vehicular traffic, including vehicles turning right or
12 left, shall yield the right of way to other vehicles and
13 to pedestrians lawfully within the intersection or an
14 adjacent crosswalk at the time such signal is exhibited.
15 2. Vehicular traffic facing a green arrow signal,
16 shown alone or in combination with another indication,
17 may cautiously enter the intersection only to make the
18 movement indicated by such arrow, or such other movement
19 as is permitted by other indications shown at the same
20 time. Such vehicular traffic shall yield the right of
21 way to pedestrians lawfully within an adjacent crosswalk
22 and to other traffic lawfully using the intersection.
23 3. Unless otherwise directed by a
24 pedestrian-control signal, as provided in Section 11-307,
25 pedestrians facing any green signal, except when the sole
26 green signal is a turn arrow, may proceed across the
27 roadway within any marked or unmarked crosswalk.
28 (b) Steady yellow indication.
29 1. Vehicular traffic facing a steady circular
30 yellow or yellow arrow signal is thereby warned that the
31 related green movement is being terminated or that a red
32 indication will be exhibited immediately thereafter.
33 2. Pedestrians facing a steady circular yellow or
34 yellow arrow signal, unless otherwise directed by a
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1 pedestrian-control signal as provided in Section 11-307,
2 are thereby advised that there is insufficient time to
3 cross the roadway before a red indication is shown and no
4 pedestrian shall then start to cross the roadway.
5 (c) Steady red indication.
6 1. Except as provided in paragraph 3 of this
7 subsection (c), vehicular traffic facing a steady
8 circular red signal alone shall stop at a clearly marked
9 stop line, but if there is no such stop line, before
10 entering the crosswalk on the near side of the
11 intersection, or if there is no such crosswalk, then
12 before entering the intersection, and shall remain
13 standing until an indication to proceed is shown.
14 2. Except as provided in paragraph 3 of this
15 subsection (c), vehicular traffic facing a steady red
16 arrow signal shall not enter the intersection to make the
17 movement indicated by the arrow and, unless entering the
18 intersection to make a movement permitted by another
19 signal, shall stop at a clearly marked stop line, but if
20 there is no such stop line, before entering the crosswalk
21 on the near side of the intersection, or if there is no
22 such crosswalk, then before entering the intersection,
23 and shall remain standing until an indication permitting
24 the movement indicated by such red arrow is shown.
25 3. Except when a sign is in place prohibiting a
26 turn and local authorities by ordinance or State
27 authorities by rule or regulation prohibit any such turn,
28 vehicular traffic facing any steady red signal may
29 cautiously enter the intersection to turn right, or to
30 turn left from a one-way street into a one-way street,
31 after stopping as required by paragraph 1 or paragraph 2
32 of this subsection. After stopping, the driver shall
33 yield the right of way to any vehicle in the intersection
34 or approaching on another roadway so closely as to
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1 constitute an immediate hazard during the time such
2 driver is moving across or within the intersection or
3 junction or roadways. Such driver shall yield the right
4 of way to pedestrians within the intersection or an
5 adjacent crosswalk.
6 4. Unless otherwise directed by a
7 pedestrian-control signal as provided in Section 11-307,
8 pedestrians facing a steady circular red or red arrow
9 signal alone shall not enter the roadway.
10 5. A municipality with a population of 1,000,000 or
11 more may enact an ordinance that provides for the use of
12 an automated red light enforcement system to enforce
13 violations of this subsection (c) that result in or
14 involve a motor vehicle accident, leaving the scene of a
15 motor vehicle accident, or reckless driving that results
16 in bodily injury.
17 This paragraph 5 is subject to prosecutorial
18 discretion that is consistent with applicable law.
19 6. The owner of a vehicle used in violation of this
20 subsection (c) shall be liable for the violation if the
21 vehicle was used or operated with the permission of the
22 owner, express or implied, and the violation was recorded
23 by a red light enforcement system; however, the owner
24 shall not be liable if:
25 (i) the operator of the vehicle other than the
26 owner has been found guilty of the violation,
27 (ii) the violation occurred at any time during
28 which the vehicle was reported to a law enforcement
29 agency as having been stolen and had not been
30 recovered by the owner at the time of the violation,
31 or
32 (iii) the violation occurred at any time
33 during which the vehicle was leased to another and,
34 within 10 days of receiving notice of the violation,
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1 the owner submits to the applicable law enforcement
2 agency the correct name and address of the lessee of
3 the vehicle at the time of the violation, in which
4 case the lessee of the vehicle at the time of the
5 violation shall be deemed to be the owner of the
6 vehicle for purposes of this subsection (c).
7 (d) In the event an official traffic control signal is
8 erected and maintained at a place other than an intersection,
9 the provisions of this Section shall be applicable except as
10 to provisions which by their nature can have no application.
11 Any stop required shall be at a traffic sign or a marking on
12 the pavement indicating where the stop shall be made or, in
13 the absence of such sign or marking, the stop shall be made
14 at the signal.
15 (e) The motorman of any streetcar shall obey the above
16 signals as applicable to vehicles.
17 (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)