Illinois General Assembly - Full Text of Public Act 094-0650
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Public Act 094-0650


 

Public Act 0650 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0650
 
SB0501 Enrolled LRB094 03626 DRH 33631 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 4-208 and 18a-300 as follows:
 
    (625 ILCS 5/4-208)  (from Ch. 95 1/2, par. 4-208)
    Sec. 4-208. Disposal of unclaimed vehicles.
    (a) In cities having a population of more than 500,000,
whenever an abandoned, lost, stolen or unclaimed vehicle, or
vehicle determined to be a hazardous dilapidated motor vehicle
pursuant to Section 11-40-3.1 of the Illinois Municipal Code,
remains unclaimed by the registered owner, lienholder or other
legally entitled person for a period of 18 15 days after notice
has been given under Sections 4-205 and 4-206 of this Code, if
during that 18 days the possessor of the vehicle has sent an
additional notice by first class mail to the registered owner,
lienholder, or other legally entitled person, the vehicle shall
be disposed, pursuant to the provisions of the "Municipal
purchasing act for cities of 500,000 or more population", to a
person licensed as an automotive parts recycler, rebuilder or
scrap processor under Chapter 5 of this Code. With respect to
any vehicle that has been booted, impounded, or both in
accordance with subsection (c) of Section 11-208.3, a city with
a population over 500,000 may establish a program whereby the
registered owner, lienholder, or other legally entitled person
is entitled to any proceeds from the disposition of the
vehicle, less any reasonable storage charges, administrative
fees, booting fees, towing fees, and parking and compliance
fines and penalties.
    (b) Except as provided in Section 4-208 for cities with
more than 500,000 inhabitants, when an abandoned, lost, stolen
or unclaimed vehicle 7 years of age or newer remains unclaimed
by the registered owner, lienholder or other legally entitled
persons for a period of 30 days after notice has been given as
provided in Sections 4-205 and 4-206 of this Code, the law
enforcement agency or towing service having possession of the
vehicle shall cause it to be sold at public auction to a person
licensed as an automotive parts recycler, rebuilder or scrap
processor under Chapter 5 of this Code or the towing operator
which towed the vehicle. Notice of the time and place of the
sale shall be posted in a conspicuous place for at least 10
days prior to the sale on the premises where the vehicle has
been impounded. At least 10 days prior to the sale, the law
enforcement agency where the vehicle is impounded, or the
towing service where the vehicle is impounded, shall cause a
notice of the time and place of the sale to be sent by
certified mail to the registered owner, lienholder, or other
legally entitled persons. Notice as provided in Sections 4-205
and 4-206 of this Code and as provided in this subsection (b)
shall state the time and place of sale and shall contain a
complete description of the vehicle to be sold and what steps
must be taken by any legally entitled person to reclaim the
vehicle.
    (c) If an abandoned, lost, stolen, or unclaimed vehicle
displays dealer plates, notice under this Section and Section
4-209 of this Code shall be sent to both the dealer and the
registered owner, lienholder, or other legally entitled
persons.
    (d) In those instances where the certified notification
specified in Sections 4-205 and 4-206 of this Code has been
returned by the postal authorities to the law enforcement
agency or towing service, the sending of a second certified
notice will not be required.
(Source: P.A. 89-433, eff. 12-15-95; 90-330, eff. 8-8-97.)
 
    (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
    Sec. 18a-300. Commercial vehicle relocators - Unlawful
practices. It shall be unlawful for any commercial vehicle
relocator:
    (1) To operate in any county in which this Chapter is
applicable without a valid, current relocator's license as
provided in Article IV of this Chapter;
    (2) To employ as an operator, or otherwise so use the
services of, any person who does not have at the commencement
of employment or service, or at any time during the course of
employment or service, a valid, current operator's employment
permit, or temporary operator's employment permit issued in
accordance with Sections 18a-403 or 18a-405 of this Chapter; or
to fail to notify the Commission, in writing, of any known
criminal conviction of any employee occurring at any time
before or during the course of employment or service;
    (3) To employ as a dispatcher, or otherwise so use the
services of, any person who does not have at the commencement
of employment or service, or at any time during the course of
employment or service, a valid, current dispatcher's or
operator's employment permit or temporary dispatcher's or
operator's employment permit issued in accordance with
Sections 18a-403 or 18a-407 of this Chapter; or to fail to
notify the Commission, in writing, of any known criminal
conviction of any employee occurring at any time before or
during the course of employment or service;
    (4) To operate upon the highways of this State any vehicle
used in connection with any commercial vehicle relocation
service unless:
        (A) There is painted or firmly affixed to the vehicle
    on both sides of the vehicle in a color or colors vividly
    contrasting to the color of the vehicle the name, address
    and telephone number of the relocator. The Commission shall
    prescribe reasonable rules and regulations pertaining to
    insignia to be painted or firmly affixed to vehicles and
    shall waive the requirements of the address on any vehicle
    in cases where the operator of a vehicle has painted or
    otherwise firmly affixed to the vehicle a seal or trade
    mark that clearly identifies the operator of the vehicle;
    and
        (B) There is carried in the power unit of the vehicle a
    certified copy of the currently effective relocator's
    license and operator's employment permit. Copies may be
    photographed, photocopied, or reproduced or printed by any
    other legible and durable process. Any person guilty of not
    causing to be displayed a copy of his relocator's license
    and operator's employment permit may in any hearing
    concerning the violation be excused from the payment of the
    penalty hereinafter provided upon a showing that the
    license was issued by the Commission, but was subsequently
    lost or destroyed;
    (5) To operate upon the highways of this State any vehicle
used in connection with any commercial vehicle relocation
service that bears the name or address and telephone number of
any person or entity other than the relocator by which it is
owned or to which it is leased;
    (6) To advertise in any newspaper, book, list, classified
directory or other publication unless there is contained in the
advertisement the license number of the relocator;
    (7) To remove any vehicle from private property without
having first obtained the written authorization of the property
owner or other person in lawful possession or control of the
property, his authorized agent, or an authorized law
enforcement officer. The authorization may be on a contractual
basis covering a period of time or limited to a specific
removal;
    (8) To charge the private property owner, who requested
that an unauthorized vehicle be removed from his property, with
the costs of removing the vehicle contrary to any terms that
may be a part of the contract between the property owner and
the commercial relocator. Nothing in this paragraph shall
prevent a relocator from assessing, collecting, or receiving
from the property owner, lessee, or their agents any fee
prescribed by the Commission;
    (9) To remove a vehicle when the owner or operator of the
vehicle is present or arrives at the vehicle location at any
time prior to the completion of removal, and is willing and
able to remove the vehicle immediately;
    (10) To remove any vehicle from property on which signs are
required and on which there are not posted appropriate signs
under Section 18a-302;
    (11) To fail to notify law enforcement authorities in the
jurisdiction in which the trespassing vehicle was removed
within one hour of the removal. Notification shall include a
complete description of the vehicle, registration numbers if
possible, the locations from which and to which the vehicle was
removed, the time of removal, and any other information
required by regulation, statute or ordinance;
    (12) To impose any charge other than in accordance with the
rates set by the Commission as provided in paragraph (6) of
Section 18a-200 of this Chapter;
    (13) To fail, in the office or location at which relocated
vehicles are routinely returned to their owners, to prominently
post the name, address and telephone number of the nearest
office of the Commission to which inquiries or complaints may
be sent;
    (13.1) To fail to distribute to each owner or operator of a
relocated vehicle, in written form as prescribed by Commission
rule or regulation, the relevant statutes, regulations and
ordinances governing commercial vehicle relocators, including,
in at least 12 point boldface type, the name, address and
telephone number of the nearest office of the Commission to
which inquiries or complaints may be sent;
    (13.2) To fail, in the office or location at which
relocated vehicles are routinely returned to their owners, to
ensure that the relocator's representative provides suitable
evidence of his or her identity to the owners of relocated
vehicles upon request;
    (14) To remove any vehicle, otherwise in accordance with
this Chapter, more than 15 air miles from its location when
towed from a location in an unincorporated area of a county or
more than 10 air miles from its location when towed from any
other location;
    (15) To fail to make a telephone number available to the
police department of any municipality in which a relocator
operates at which the relocator or an employee of the relocator
may be contacted at any time during the hours in which the
relocator is engaged in the towing of vehicles, or advertised
as engaged in the towing of vehicles, for the purpose of
effectuating the release of a towed vehicle; or to fail to
include the telephone number in any advertisement of the
relocator's services published or otherwise appearing on or
after the effective date of this amendatory Act; or to fail to
have an employee available at any time on the premises owned or
controlled by the relocator for the purposes of arranging for
the immediate release of the vehicle.
    Apart from any other penalty or liability authorized under
this Act, if after a reasonable effort, the owner of the
vehicle is unable to make telephone contact with the relocator
for a period of one hour from his initial attempt during any
time period in which the relocator is required to respond at
the number, all fees for towing, storage, or otherwise are to
be waived. Proof of 3 attempted phone calls to the number
provided to the police department by an officer or employee of
the department on behalf of the vehicle owner within the space
of one hour, at least 2 of which are separated by 45 minutes,
shall be deemed sufficient proof of the owner's reasonable
effort to make contact with the vehicle relocator. Failure of
the relocator to respond to the phone calls is not a criminal
violation of this Chapter;
    (16) To use equipment which the relocator does not own,
except in compliance with Section 18a-306 of this Chapter and
Commission regulations. No equipment can be leased to more than
one relocator at any time. Equipment leases shall be filed with
the Commission. If equipment is leased to one relocator, it
cannot thereafter be leased to another relocator until a
written cancellation of lease is properly filed with the
Commission;
    (17) To use drivers or other personnel who are not
employees or contractors of the relocator;
    (18) To fail to refund any amount charged in excess of the
reasonable rate established by the Commission;
    (19) To violate any other provision of this Chapter, or of
Commission regulations or orders adopted under this Chapter.
(Source: P.A. 88-448.)

Effective Date: 1/1/2006