Public Act 093-0947
 		





HB4012 Enrolled
LRB093 15255 DRH 40853 b






    AN ACT in relation to transportation.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 1. Short title. This Act may be cited as the 
Automated Traffic Control Systems in Highway Construction or 
Maintenance Zones Act.
 
    Section 5. Purpose.  The purpose of this Act is to increase 
safety in highway construction or maintenance zones.
 
    Section 10. Establishment of automated control systems.  

The Department of State Police may establish an automated 
traffic control system in any construction or maintenance zone 
established by the Department of Transportation or the Illinois 
State Toll Highway Authority.   An automated traffic control 
system may operate only during those periods when workers are 
present in the construction or maintenance zone.
 
    Section 15. Definitions.  As used in this Act:
    (a) "Automated traffic control system" means a 
photographic device, radar device, laser device, or other 
electrical or mechanical device or devices designed to record 
the speed of a vehicle and obtain a clear photograph or other 
recorded image of the vehicle, the vehicle operator, and the 
vehicle's registration plate while the driver is violating 
Section 11-605.1 of the Illinois Vehicle Code. The photograph 
or other recorded image must also display the time, date, and 
location of the violation.  A law enforcement officer is not 
required to be present or to witness the violation.
    (b) "Construction or maintenance zone" means an area in 
which the Department of Transportation or the Illinois State 
Toll Highway Authority has determined that the preexisting 
established speed limit through a highway construction or 
maintenance project is greater than is reasonable or safe with

respect to the conditions expected to exist in the construction 
or maintenance
zone and has posted a lower speed limit with a 
highway construction or maintenance zone special speed limit 
sign in accordance with Section 11-605.1 of the Illinois 
Vehicle Code.
    (c) "Owner" means the person or entity to whom the vehicle 
is registered.
 
    Section 20. Penalties. The penalties for and consequences 
of a traffic violation recorded by an automated traffic control 
system are the same as for any similar violation of the 
Illinois Vehicle Code.
 
    Section 25. Limitations on the use of automated traffic 
enforcement systems. 
    (a) The Department of State Police must conduct a public 
information campaign to inform drivers about the use of 
automated traffic
control systems in highway construction or 
maintenance zones before establishing any of those systems. The 
Department of State Police shall adopt rules for implementing 
this subsection (a).
    (b) Signs indicating that speeds are enforced by automated 
traffic control systems must be clearly posted in the areas 
where the systems are in use.
    (c) Operation of automated traffic control systems is 
limited to areas where road construction or maintenance is 
occurring.
    (d)  Photographs obtained in this manner may only be used as 
evidence in relation to a violation of Section 11-605.1 of the 
Illinois Vehicle Code for which the photograph is taken.  The 
photographs are available only to the owner of the vehicle, the 
offender and the offender's attorney, the judiciary, the local 
State's Attorney, and law enforcement officials.
    (e)  If the driver of the vehicle cannot be identified 
through the photograph, the owner is not liable for the fine, 
and the citation may not be counted against the driving record 
of the owner.  If the driver can be identified, the driver is 
liable for the fine, and the violation is counted against his 
or her driving record.
 
    Section 30. Requirements for issuance of a citation. 
    (a) The vehicle, vehicle operator, vehicle registration 
plate, speed, date, time, and location must be clearly visible 
on the photograph or other recorded image of the alleged 
violation.
    (b) A Uniform Traffic Citation must be mailed or otherwise 
delivered to the registered owner of the vehicle. If mailed, 
the citation must be sent via certified mail within 6 business 
days of the alleged violation, return receipt requested.
    (c) The Uniform Traffic Citation must include:
        (1) the name and address of the vehicle owner;
        (2) the registration number of the vehicle;
        (3) the offense charged;
        (4) the time, date, and location of the violation;
        (5) the first available court date; and

        (6) notice that the basis of the citation is the 
    photograph or recorded image from the automated traffic 
    control system.
    (d) The Uniform Traffic Citation issued to the violator 
must be accompanied by a written document that lists the 
violator's rights and obligations and explains how the violator 
can elect to proceed by either paying the fine or challenging 
the issuance of the Uniform Traffic Citation.
 
    Section 35. Response to issuance of a citation. 
    (a) A person issued a citation under this Act may respond 
to the citation in person or by any method allowed by law.
    (b) If the driver of the vehicle cannot be identified 
through the photograph or other recorded image, the owner is 
not liable for the fine.
 
    Section 40. Admissibility of recorded images. Except as 
provided in Section 45, any photograph or other recorded image 
evidencing a violation of Section 11-605.1 of the Illinois 
Vehicle Code is admissible in any proceeding resulting from the 
issuance of the Uniform Traffic Citation.  Photographs or 
recorded images made by an automatic traffic control system are 
confidential and shall be made available only to the defendant 
and to governmental or law enforcement agencies within the 
jurisdiction for the purposes of adjudicating a driving 
violation.
 
    Section 45. Vehicle rental or leasing company's 
identification of a renter or lessee.  
    (a)
A Uniform Traffic Citation issued under this Act to a 
motor vehicle rental or leasing company shall be dismissed with 
respect to the rental or leasing company if: 
        (1) the company responds to the Uniform Traffic 
    Citation by submitting, within 30 days of the mailing of 
    the citation, an affidavit of non-liability stating that, 
    at the time of the alleged speeding or other traffic 
    violation, the vehicle was in the custody and control of a 
    renter or lessee under the terms of a rental agreement or 
    lease; and
        (2) the company provides the driver's license number, 
    name, and address of the renter or lessee.
    (b) A Uniform Traffic Citation dismissed with respect to a 
motor vehicle rental or leasing company in accordance with 
subsection (a) may then be issued and delivered by mail or 
other means to the renter or lessee identified in the affidavit 
of non-liability.

 
    Section 90. The Illinois Vehicle Code is amended  by 
changing Section 11-605.2 as follows:
 
    (625 ILCS 5/11-605.2 new)

    Sec. 11-605.2. Delegation of authority to set a special 
speed limit while traveling
through highway
construction or 
maintenance zones.
    (a) A local agency may delegate to its superintendent of 
highways the authority to set and post a reduced speed limit 
for a construction or maintenance zone, as defined in Section 
11-605, under subsection (b) of that Section.
    (b) If a superintendent of highways sets a reduced speed 
limit for a construction or maintenance zone in accordance with 
this Section, the local agency must maintain a record that 
indicates:
        (1) the location of the construction or maintenance 
    zone;
        (2) the reduced speed limit set and posted for the 
    construction or maintenance zone; and
        (3) the dates during which the reduced speed limit was 
    in effect.

 
    Section 999. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  8/19/2004