| ||||
Public Act 097-0029 | ||||
| ||||
| ||||
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 11-208, 11-208.3, and 11-208.6 as follows:
| ||||
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| ||||
Sec. 11-208. Powers of local authorities.
| ||||
(a) The provisions of this Code shall not be deemed to | ||||
prevent
local authorities with respect to streets and highways | ||||
under their
jurisdiction and within the reasonable exercise of | ||||
the police power from:
| ||||
1. Regulating the standing or parking of vehicles, | ||||
except as
limited by Sections 11-1306 and 11-1307 of this | ||||
Act;
| ||||
2. Regulating traffic by means of police officers or | ||||
traffic control
signals;
| ||||
3. Regulating or prohibiting processions or | ||||
assemblages on the highways;
| ||||
4. Designating particular highways as one-way highways | ||||
and requiring that
all vehicles thereon be moved in one | ||||
specific direction;
| ||||
5. Regulating the speed of vehicles in public parks | ||||
subject to the
limitations set forth in Section 11-604;
|
6. Designating any highway as a through highway, as | ||
authorized in Section
11-302, and requiring that all | ||
vehicles stop before entering or crossing
the same or | ||
designating any intersection as a stop intersection or a | ||
yield
right-of-way intersection and requiring all vehicles | ||
to stop or yield the
right-of-way at one or more entrances | ||
to such intersections;
| ||
7. Restricting the use of highways as authorized in | ||
Chapter 15;
| ||
8. Regulating the operation of bicycles and requiring | ||
the
registration and licensing of same, including the | ||
requirement of a
registration fee;
| ||
9. Regulating or prohibiting the turning of vehicles or | ||
specified
types of vehicles at intersections;
| ||
10. Altering the speed limits as authorized in Section | ||
11-604;
| ||
11. Prohibiting U-turns;
| ||
12. Prohibiting pedestrian crossings at other than | ||
designated and marked
crosswalks or at intersections;
| ||
13. Prohibiting parking during snow removal operation;
| ||
14. Imposing fines in accordance with Section | ||
11-1301.3 as penalties
for use of any parking place | ||
reserved for persons with disabilities, as defined
by | ||
Section 1-159.1, or disabled veterans by any person using a | ||
motor
vehicle not bearing registration plates specified in | ||
Section 11-1301.1
or a special decal or device as defined |
in Section 11-1301.2
as evidence that the vehicle is | ||
operated by or for a person
with disabilities or disabled | ||
veteran;
| ||
15. Adopting such other traffic regulations as are | ||
specifically
authorized by this Code; or
| ||
16. Enforcing the provisions of subsection (f) of | ||
Section 3-413 of this
Code or a similar local ordinance.
| ||
(b) No ordinance or regulation enacted under subsections 1, | ||
4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | ||
until signs giving
reasonable notice of such local traffic | ||
regulations are posted.
| ||
(c) The provisions of this Code shall not prevent any
| ||
municipality having a population of 500,000 or more inhabitants | ||
from
prohibiting any person from driving or operating any motor | ||
vehicle upon
the roadways of such municipality with headlamps | ||
on high beam or bright.
| ||
(d) The provisions of this Code shall not be deemed to | ||
prevent local
authorities within the reasonable exercise of | ||
their police power from
prohibiting, on private property, the | ||
unauthorized use of parking spaces
reserved for persons with | ||
disabilities.
| ||
(e) No unit of local government, including a home rule | ||
unit, may enact or
enforce an ordinance that applies only to | ||
motorcycles if the principal purpose
for that ordinance is to | ||
restrict the access of motorcycles to any highway or
portion of | ||
a highway for which federal or State funds have been used for |
the
planning, design, construction, or maintenance of that | ||
highway. No unit of
local government, including a home rule | ||
unit, may enact an ordinance requiring
motorcycle users to wear | ||
protective headgear. Nothing in this subsection
(e) shall | ||
affect the authority of a unit of local government to regulate
| ||
motorcycles for traffic control purposes or in accordance with | ||
Section 12-602
of this Code. No unit of local government, | ||
including a home rule unit, may
regulate motorcycles in a | ||
manner inconsistent with this Code. This subsection
(e) is a | ||
limitation under subsection (i) of Section 6 of Article VII of | ||
the
Illinois Constitution on the concurrent exercise by home | ||
rule units of powers
and functions exercised by the State.
| ||
(f) A municipality or county designated in Section 11-208.6 | ||
may enact an ordinance providing for an
automated traffic law | ||
enforcement system to enforce violations of this Code or
a | ||
similar provision of a local ordinance and imposing liability | ||
on a registered owner or lessee of a vehicle used in such a | ||
violation.
| ||
(g) A municipality or county, as provided in Section | ||
11-1201.1, may enact an ordinance providing for an automated | ||
traffic law enforcement system to enforce violations of Section | ||
11-1201 of this Code or a similar provision of a local | ||
ordinance and imposing liability on a registered owner of a | ||
vehicle used in such a violation.
| ||
(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11.)
|
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| ||
Sec. 11-208.3. Administrative adjudication of violations | ||
of traffic
regulations concerning the standing, parking, or | ||
condition of
vehicles and automated traffic law violations.
| ||
(a) Any municipality or county may provide by ordinance for | ||
a system of
administrative adjudication of vehicular standing | ||
and parking violations and
vehicle compliance violations as | ||
described defined in this subsection and automated traffic law | ||
violations as defined in Section 11-208.6 or 11-1201.1.
The | ||
administrative system shall have as its purpose the fair and
| ||
efficient enforcement of municipal or county regulations | ||
through the
administrative adjudication of automated traffic | ||
law violations and violations of municipal or county ordinances
| ||
regulating the standing and parking of vehicles, the condition | ||
and use of
vehicle equipment, and the display of municipal or | ||
county wheel tax licenses within the
municipality's
or county's | ||
borders. The administrative system shall only have authority to | ||
adjudicate
civil offenses carrying fines not in excess of $500 | ||
or requiring the completion of a traffic education program, or | ||
both, that occur after the
effective date of the ordinance | ||
adopting such a system under this Section.
For purposes of this | ||
Section, "compliance violation" means a violation of a
| ||
municipal or county regulation governing the condition or use | ||
of equipment on a vehicle
or governing the display of a | ||
municipal or county wheel tax license.
| ||
(b) Any ordinance establishing a system of administrative |
adjudication
under this Section shall provide for:
| ||
(1) A traffic compliance administrator authorized to
| ||
adopt, distribute and
process parking, compliance, and | ||
automated traffic law violation notices and other notices | ||
required
by this
Section, collect money paid as fines and | ||
penalties for violation of parking
and compliance
| ||
ordinances and automated traffic law violations, and | ||
operate an administrative adjudication system. The traffic
| ||
compliance
administrator also may make a certified report | ||
to the Secretary of State
under Section 6-306.5.
| ||
(2) A parking, standing, compliance, or automated | ||
traffic law violation notice
that
shall specify the date,
| ||
time, and place of violation of a parking, standing,
| ||
compliance, or automated traffic law
regulation; the | ||
particular regulation
violated; any requirement to | ||
complete a traffic education program; the fine and any | ||
penalty that may be assessed for late payment or failure to | ||
complete a required traffic education program, or both,
| ||
when so provided by ordinance; the vehicle make and state | ||
registration
number; and the identification number of the
| ||
person issuing the notice.
With regard to automated traffic | ||
law violations, vehicle make shall be specified on the | ||
automated traffic law violation notice if the make is | ||
available and readily discernible. With regard to | ||
municipalities or counties with a population of 1 million | ||
or more, it
shall be grounds for
dismissal of a parking
|
violation if the state registration number or vehicle make | ||
specified is
incorrect. The violation notice shall state | ||
that the completion of any required traffic education | ||
program, the payment of any indicated
fine, and the payment | ||
of any applicable penalty for late payment or failure to | ||
complete a required traffic education program, or both, | ||
shall operate as a
final disposition of the violation. The | ||
notice also shall contain
information as to the | ||
availability of a hearing in which the violation may
be | ||
contested on its merits. The violation notice shall specify | ||
the
time and manner in which a hearing may be had.
| ||
(3) Service of the parking, standing, or compliance
| ||
violation notice by affixing the
original or a facsimile of | ||
the notice to an unlawfully parked vehicle or by
handing | ||
the notice to the operator of a vehicle if he or she is
| ||
present and service of an automated traffic law violation | ||
notice by mail to the
address
of the registered owner or | ||
lessee of the cited vehicle as recorded with the Secretary | ||
of
State or the lessor of the motor vehicle within 30 days | ||
after the Secretary of State or the lessor of the motor | ||
vehicle notifies the municipality or county of the identity | ||
of the owner or lessee of the vehicle, but not in no event | ||
later than 90 days after the violation , except that in the | ||
case of a lessee of a motor vehicle, service of an | ||
automated traffic law violation notice may occur no later | ||
than 210 days after the violation . A person authorized by |
ordinance to issue and serve parking,
standing, and | ||
compliance
violation notices shall certify as to the | ||
correctness of the facts entered
on the violation notice by | ||
signing his or her name to the notice at
the time of | ||
service or in the case of a notice produced by a | ||
computerized
device, by signing a single certificate to be | ||
kept by the traffic
compliance
administrator attesting to | ||
the correctness of all notices produced by the
device while | ||
it was under his or her control. In the case of an | ||
automated traffic law violation, the ordinance shall
| ||
require
a
determination by a technician employed or | ||
contracted by the municipality or county that,
based on | ||
inspection of recorded images, the motor vehicle was being | ||
operated in
violation of Section 11-208.6 or 11-1201.1 or a | ||
local ordinance.
If the technician determines that the
| ||
vehicle entered the intersection as part of a funeral | ||
procession or in order to
yield the right-of-way to an | ||
emergency vehicle, a citation shall not be issued. In | ||
municipalities with a population of less than 1,000,000 | ||
inhabitants and counties with a population of less than | ||
3,000,000 inhabitants, the automated traffic law ordinance | ||
shall require that all determinations by a technician that | ||
a motor vehicle was being operated in
violation of Section | ||
11-208.6 or 11-1201.1 or a local ordinance must be reviewed | ||
and approved by a law enforcement officer or retired law | ||
enforcement officer of the municipality or county issuing |
the violation. In municipalities with a population of | ||
1,000,000 or more inhabitants and counties with a | ||
population of 3,000,000 or more inhabitants, the automated | ||
traffic law ordinance shall require that all | ||
determinations by a technician that a motor vehicle was | ||
being operated in
violation of Section 11-208.6 or | ||
11-1201.1 or a local ordinance must be reviewed and | ||
approved by a law enforcement officer or retired law | ||
enforcement officer of the municipality or county issuing | ||
the violation or by an additional fully-trained reviewing | ||
technician who is not employed by the contractor who | ||
employs the technician who made the initial determination. | ||
As used in this paragraph, "fully-trained reviewing | ||
technician" means a person who has received at least 40 | ||
hours of supervised training in subjects which shall | ||
include image inspection and interpretation, the elements | ||
necessary to prove a violation, license plate | ||
identification, and traffic safety and management. In all | ||
municipalities and counties, the automated traffic law | ||
ordinance shall require that no additional fee shall be | ||
charged to the alleged violator for exercising his or her | ||
right to an administrative hearing, and persons shall be | ||
given at least 25 days following an administrative hearing | ||
to pay any civil penalty imposed by a finding that Section | ||
11-208.6 or 11-1201.1 or a similar local ordinance has been | ||
violated. The original or a
facsimile of the violation |
notice or, in the case of a notice produced by a
| ||
computerized device, a printed record generated by the | ||
device showing the facts
entered on the notice, shall be | ||
retained by the
traffic compliance
administrator, and | ||
shall be a record kept in the ordinary course of
business. | ||
A parking, standing, compliance, or automated traffic law | ||
violation notice issued,
signed and served in
accordance | ||
with this Section, a copy of the notice, or the computer
| ||
generated record shall be prima facie
correct and shall be | ||
prima facie evidence of the correctness of the facts
shown | ||
on the notice. The notice, copy, or computer generated
| ||
record shall be admissible in any
subsequent | ||
administrative or legal proceedings.
| ||
(4) An opportunity for a hearing for the registered | ||
owner of the
vehicle cited in the parking, standing, | ||
compliance, or automated traffic law violation notice in
| ||
which the owner may
contest the merits of the alleged | ||
violation, and during which formal or
technical rules of | ||
evidence shall not apply; provided, however, that under
| ||
Section 11-1306 of this Code the lessee of a vehicle cited | ||
in the
violation notice likewise shall be provided an | ||
opportunity for a hearing of
the same kind afforded the | ||
registered owner. The hearings shall be
recorded, and the | ||
person conducting the hearing on behalf of the traffic
| ||
compliance
administrator shall be empowered to administer | ||
oaths and to secure by
subpoena both the attendance and |
testimony of witnesses and the production
of relevant books | ||
and papers. Persons appearing at a hearing under this
| ||
Section may be represented by counsel at their expense. The | ||
ordinance may
also provide for internal administrative | ||
review following the decision of
the hearing officer.
| ||
(5) Service of additional notices, sent by first class | ||
United States
mail, postage prepaid, to the address of the | ||
registered owner of the cited
vehicle as recorded with the | ||
Secretary of State or, if any notice to that address is | ||
returned as undeliverable, to the last known address | ||
recorded in a United States Post Office approved database,
| ||
or, under Section 11-1306
or subsection (p) of Section | ||
11-208.6 of this Code, to the lessee of the cited vehicle | ||
at the last address known
to the lessor of the cited | ||
vehicle at the time of lease or, if any notice to that | ||
address is returned as undeliverable, to the last known | ||
address recorded in a United States Post Office approved | ||
database.
The service shall
be deemed complete as of the | ||
date of deposit in the United States mail.
The notices | ||
shall be in the following sequence and shall include but | ||
not be
limited to the information specified herein:
| ||
(i) A second notice of parking, standing, or | ||
compliance violation. This notice shall specify the
| ||
date and location of the violation cited in the | ||
parking,
standing,
or compliance violation
notice, the | ||
particular regulation violated, the vehicle
make and |
state registration number, any requirement to complete | ||
a traffic education program, the fine and any penalty | ||
that may be
assessed for late payment or failure to | ||
complete a traffic education program, or both, when so | ||
provided by ordinance, the availability
of a hearing in | ||
which the violation may be contested on its merits, and | ||
the
time and manner in which the hearing may be had. | ||
The notice of violation
shall also state that failure | ||
to complete a required traffic education program, to | ||
pay the indicated fine and any
applicable penalty, or | ||
to appear at a hearing on the merits in the time and
| ||
manner specified, will result in a final determination | ||
of violation
liability for the cited violation in the | ||
amount of the fine or penalty
indicated, and that, upon | ||
the occurrence of a final determination of violation | ||
liability for the failure, and the exhaustion of, or
| ||
failure to exhaust, available administrative or | ||
judicial procedures for
review, any incomplete traffic | ||
education program or any unpaid fine or penalty, or | ||
both, will constitute a debt due and owing
the | ||
municipality or county.
| ||
(ii) A notice of final determination of parking, | ||
standing,
compliance, or automated traffic law | ||
violation liability.
This notice shall be sent | ||
following a final determination of parking,
standing, | ||
compliance, or automated traffic law
violation |
liability and the conclusion of judicial review | ||
procedures taken
under this Section. The notice shall | ||
state that the incomplete traffic education program or | ||
the unpaid fine or
penalty, or both, is a debt due and | ||
owing the municipality or county. The notice shall | ||
contain
warnings that failure to complete any required | ||
traffic education program or to pay any fine or penalty | ||
due and owing the
municipality or county, or both, | ||
within the time specified may result in the | ||
municipality's
or county's filing of a petition in the | ||
Circuit Court to have the incomplete traffic education | ||
program or unpaid
fine or penalty, or both, rendered a | ||
judgment as provided by this Section, or may
result in | ||
suspension of the person's drivers license for failure | ||
to complete a traffic education program or to pay
fines | ||
or penalties, or both, for 10 or more parking | ||
violations under Section 6-306.5 or 5 or more automated | ||
traffic law violations under Section 11-208.6.
| ||
(6) A notice of impending drivers license suspension. | ||
This
notice shall be sent to the person liable for failure | ||
to complete a required traffic education program or to pay | ||
any fine or penalty that
remains due and owing, or both, on | ||
10 or more parking
violations or 5 or more unpaid automated | ||
traffic law violations. The notice
shall state that failure | ||
to complete a required traffic education program or to pay | ||
the fine or penalty owing, or both, within 45 days of
the |
notice's date will result in the municipality or county | ||
notifying the Secretary
of State that the person is | ||
eligible for initiation of suspension
proceedings under | ||
Section 6-306.5 of this Code. The notice shall also state
| ||
that the person may obtain a photostatic copy of an | ||
original ticket imposing a
fine or penalty by sending a | ||
self addressed, stamped envelope to the
municipality or | ||
county along with a request for the photostatic copy.
The | ||
notice of impending
drivers license suspension shall be | ||
sent by first class United States mail,
postage prepaid, to | ||
the address recorded with the Secretary of State or, if any | ||
notice to that address is returned as undeliverable, to the | ||
last known address recorded in a United States Post Office | ||
approved database.
| ||
(7) Final determinations of violation liability. A | ||
final
determination of violation liability shall occur | ||
following failure to complete the required traffic | ||
education program or
to pay the fine or penalty, or both, | ||
after a hearing officer's determination of violation | ||
liability and the exhaustion of or failure to exhaust any
| ||
administrative review procedures provided by ordinance. | ||
Where a person
fails to appear at a hearing to contest the | ||
alleged violation in the time
and manner specified in a | ||
prior mailed notice, the hearing officer's
determination | ||
of violation liability shall become final: (A) upon
denial | ||
of a timely petition to set aside that determination, or |
(B) upon
expiration of the period for filing the petition | ||
without a
filing having been made.
| ||
(8) A petition to set aside a determination of parking, | ||
standing,
compliance, or automated traffic law violation
| ||
liability that may be filed by a person owing an unpaid | ||
fine or penalty. A petition to set aside a determination of | ||
liability may also be filed by a person required to | ||
complete a traffic education program.
The petition shall be | ||
filed with and ruled upon by the traffic compliance
| ||
administrator in the manner and within the time specified | ||
by ordinance.
The grounds for the petition may be limited | ||
to: (A) the person not having
been the owner or lessee of | ||
the cited vehicle on the date the
violation notice was | ||
issued, (B) the person having already completed the | ||
required traffic education program or paid the fine or
| ||
penalty, or both, for the violation in question, and (C) | ||
excusable failure to
appear at or
request a new date for a | ||
hearing.
With regard to municipalities or counties with a | ||
population of 1 million or more, it
shall be grounds for
| ||
dismissal of a
parking violation if the state registration | ||
number, or vehicle make if specified, is
incorrect. After | ||
the determination of
parking, standing, compliance, or | ||
automated traffic law violation liability has been set | ||
aside
upon a showing of just
cause, the registered owner | ||
shall be provided with a hearing on the merits
for that | ||
violation.
|
(9) Procedures for non-residents. Procedures by which | ||
persons who are
not residents of the municipality or county | ||
may contest the merits of the alleged
violation without | ||
attending a hearing.
| ||
(10) A schedule of civil fines for violations of | ||
vehicular standing,
parking, compliance, or automated | ||
traffic law regulations enacted by ordinance pursuant to | ||
this
Section, and a
schedule of penalties for late payment | ||
of the fines or failure to complete required traffic | ||
education programs, provided, however,
that the total | ||
amount of the fine and penalty for any one violation shall
| ||
not exceed $250, except as provided in subsection (c) of | ||
Section 11-1301.3 of this Code.
| ||
(11) Other provisions as are necessary and proper to | ||
carry into
effect the powers granted and purposes stated in | ||
this Section.
| ||
(c) Any municipality or county establishing vehicular | ||
standing, parking,
compliance, or automated traffic law
| ||
regulations under this Section may also provide by ordinance | ||
for a
program of vehicle immobilization for the purpose of | ||
facilitating
enforcement of those regulations. The program of | ||
vehicle
immobilization shall provide for immobilizing any | ||
eligible vehicle upon the
public way by presence of a restraint | ||
in a manner to prevent operation of
the vehicle. Any ordinance | ||
establishing a program of vehicle
immobilization under this | ||
Section shall provide:
|
(1) Criteria for the designation of vehicles eligible | ||
for
immobilization. A vehicle shall be eligible for | ||
immobilization when the
registered owner of the vehicle has | ||
accumulated the number of incomplete traffic education | ||
programs or unpaid final
determinations of parking, | ||
standing, compliance, or automated traffic law violation | ||
liability, or both, as
determined by ordinance.
| ||
(2) A notice of impending vehicle immobilization and a | ||
right to a
hearing to challenge the validity of the notice | ||
by disproving liability
for the incomplete traffic | ||
education programs or unpaid final determinations of | ||
parking, standing, compliance, or automated traffic law
| ||
violation liability, or both, listed
on the notice.
| ||
(3) The right to a prompt hearing after a vehicle has | ||
been immobilized
or subsequently towed without the | ||
completion of the required traffic education program or | ||
payment of the outstanding fines and
penalties on parking, | ||
standing, compliance, or automated traffic law violations, | ||
or both, for which final
determinations have been
issued. | ||
An order issued after the hearing is a final administrative
| ||
decision within the meaning of Section 3-101 of the Code of | ||
Civil Procedure.
| ||
(4) A post immobilization and post-towing notice | ||
advising the registered
owner of the vehicle of the right | ||
to a hearing to challenge the validity
of the impoundment.
| ||
(d) Judicial review of final determinations of parking, |
standing,
compliance, or automated traffic law
violations and | ||
final administrative decisions issued after hearings
regarding | ||
vehicle immobilization and impoundment made
under this Section | ||
shall be subject to the provisions of
the Administrative Review | ||
Law.
| ||
(e) Any fine, penalty, incomplete traffic education | ||
program, or part of any fine or any penalty remaining
unpaid | ||
after the exhaustion of, or the failure to exhaust, | ||
administrative
remedies created under this Section and the | ||
conclusion of any judicial
review procedures shall be a debt | ||
due and owing the municipality or county and, as
such, may be | ||
collected in accordance with applicable law. Completion of any | ||
required traffic education program and payment in full
of any | ||
fine or penalty resulting from a standing, parking,
compliance, | ||
or automated traffic law violation shall
constitute a final | ||
disposition of that violation.
| ||
(f) After the expiration of the period within which | ||
judicial review may
be sought for a final determination of | ||
parking, standing, compliance, or automated traffic law
| ||
violation, the municipality
or county may commence a proceeding | ||
in the Circuit Court for purposes of obtaining a
judgment on | ||
the final determination of violation. Nothing in this
Section | ||
shall prevent a municipality or county from consolidating | ||
multiple final
determinations of parking, standing, | ||
compliance, or automated traffic law violations against a
| ||
person in a proceeding.
Upon commencement of the action, the |
municipality or county shall file a certified
copy or record of | ||
the final determination of parking, standing, compliance, or | ||
automated traffic law
violation, which shall be
accompanied by | ||
a certification that recites facts sufficient to show that
the | ||
final determination of violation was
issued in accordance with | ||
this Section and the applicable municipal
or county ordinance. | ||
Service of the summons and a copy of the petition may be by
any | ||
method provided by Section 2-203 of the Code of Civil Procedure | ||
or by
certified mail, return receipt requested, provided that | ||
the total amount of
fines and penalties for final | ||
determinations of parking, standing,
compliance, or automated | ||
traffic law violations does not
exceed $2500. If the court is | ||
satisfied that the final determination of
parking, standing, | ||
compliance, or automated traffic law violation was entered in | ||
accordance with
the requirements of
this Section and the | ||
applicable municipal or county ordinance, and that the | ||
registered
owner or the lessee, as the case may be, had an | ||
opportunity for an
administrative hearing and for judicial | ||
review as provided in this Section,
the court shall render | ||
judgment in favor of the municipality or county and against
the | ||
registered owner or the lessee for the amount indicated in the | ||
final
determination of parking, standing, compliance, or | ||
automated traffic law violation, plus costs.
The judgment shall | ||
have
the same effect and may be enforced in the same manner as | ||
other judgments
for the recovery of money.
| ||
(g) The fee for participating in a traffic education |
program under this Section shall not exceed $25. | ||
A low-income individual required to complete a traffic | ||
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned | ||
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09; | ||
96-478, eff. 1-1-10; 96-1000, eff. 7-2-10; 96-1016, eff. | ||
1-1-11; 96-1386, eff. 7-29-10; revised 9-16-10.)
| ||
(625 ILCS 5/11-208.6)
| ||
Sec. 11-208.6. Automated traffic law enforcement system.
| ||
(a) As used in this Section, "automated traffic law | ||
enforcement
system" means a device with one or more motor | ||
vehicle sensors working
in conjunction with a red light signal | ||
to produce recorded images of
motor vehicles entering an | ||
intersection against a red signal
indication in violation of | ||
Section 11-306 of this Code or a similar provision
of a local | ||
ordinance.
| ||
An
automated traffic law enforcement system is a system, in | ||
a municipality or
county operated by a
governmental agency, | ||
that
produces a recorded image of a motor vehicle's
violation | ||
of a provision of this Code or a local ordinance
and is | ||
designed to obtain a clear recorded image of the
vehicle and |
the vehicle's license plate. The recorded image must also
| ||
display the time, date, and location of the violation.
| ||
(b) As used in this Section, "recorded images" means images
| ||
recorded by an automated traffic law enforcement system on:
| ||
(1) 2 or more photographs;
| ||
(2) 2 or more microphotographs;
| ||
(3) 2 or more electronic images; or
| ||
(4) a video recording showing the motor vehicle and, on | ||
at
least one image or portion of the recording, clearly | ||
identifying the
registration plate number of the motor | ||
vehicle.
| ||
(b-5) A municipality or
county that
produces a recorded | ||
image of a motor vehicle's
violation of a provision of this | ||
Code or a local ordinance must make the recorded images of a | ||
violation accessible to the alleged violator by providing the | ||
alleged violator with a website address, accessible through the | ||
Internet. | ||
(c) A county or municipality, including a home rule county | ||
or municipality, may not use an automated traffic law | ||
enforcement system to provide recorded images of a motor | ||
vehicle for the purpose of recording its speed. The regulation | ||
of the use of automated traffic law enforcement systems to | ||
record vehicle speeds is an exclusive power and function of the | ||
State. This subsection (c) is a denial and limitation of home | ||
rule powers and functions under subsection (h) of Section 6 of | ||
Article VII of the Illinois Constitution.
|
(c-5) A county or municipality, including a home rule | ||
county or municipality, may not use an automated traffic law | ||
enforcement system to issue violations in instances where the | ||
motor vehicle comes to a complete stop and does not enter the | ||
intersection, as defined by Section 1-132 of this Code, during | ||
the cycle of the red signal indication unless one or more | ||
pedestrians or bicyclists are present, even if the motor | ||
vehicle stops at a point past a stop line or crosswalk where a | ||
driver is required to stop, as specified in subsection (c) of | ||
Section 11-306 of this Code or a similar provision of a local | ||
ordinance. | ||
(d) For each violation of a provision of this Code or a | ||
local ordinance
recorded by an automatic
traffic law | ||
enforcement system, the county or municipality having
| ||
jurisdiction shall issue a written notice of the
violation to | ||
the registered owner of the vehicle as the alleged
violator. | ||
The notice shall be delivered to the registered
owner of the | ||
vehicle, by mail, within 30 days after the Secretary of State | ||
notifies the municipality or county of the identity of the | ||
owner of the vehicle, but in no event later than 90 days after | ||
the violation.
| ||
The notice shall include:
| ||
(1) the name and address of the registered owner of the
| ||
vehicle;
| ||
(2) the registration number of the motor vehicle
| ||
involved in the violation;
|
(3) the violation charged;
| ||
(4) the location where the violation occurred;
| ||
(5) the date and time of the violation;
| ||
(6) a copy of the recorded images;
| ||
(7) the amount of the civil penalty imposed and the | ||
requirements of any traffic education program imposed and | ||
the date
by which the civil penalty should be paid and the | ||
traffic education program should be completed;
| ||
(8) a statement that recorded images are evidence of a
| ||
violation of a red light signal;
| ||
(9) a warning that failure to pay the civil penalty, to | ||
complete a required traffic education program, or to
| ||
contest liability in a timely manner is an admission of
| ||
liability and may result in a suspension of the driving
| ||
privileges of the registered owner of the vehicle;
| ||
(10) a statement that the person may elect to proceed | ||
by:
| ||
(A) paying the fine, completing a required traffic | ||
education program, or both; or
| ||
(B) challenging the charge in court, by mail, or by | ||
administrative hearing; and
| ||
(11) a website address, accessible through the | ||
Internet, where the person may view the recorded images of | ||
the violation. | ||
(e) If a person
charged with a traffic violation, as a | ||
result of an automated traffic law
enforcement system, does not |
pay the fine or complete a required traffic education program, | ||
or both, or successfully contest the civil
penalty resulting | ||
from that violation, the Secretary of State shall suspend the
| ||
driving privileges of the
registered owner of the vehicle under | ||
Section 6-306.5 of this Code for failing
to complete a required | ||
traffic education program or to pay any fine or penalty
due and | ||
owing, or both, as a result of 5 violations of the automated | ||
traffic law
enforcement system.
| ||
(f) Based on inspection of recorded images produced by an
| ||
automated traffic law enforcement system, a notice alleging | ||
that the violation occurred shall be evidence of the facts | ||
contained
in the notice and admissible in any proceeding | ||
alleging a
violation under this Section.
| ||
(g) Recorded images made by an automatic traffic law
| ||
enforcement system are confidential and shall be made
available | ||
only to the alleged violator and governmental and
law | ||
enforcement agencies for purposes of adjudicating a
violation | ||
of this Section, for statistical purposes, or for other | ||
governmental purposes. Any recorded image evidencing a
| ||
violation of this Section, however, may be admissible in
any | ||
proceeding resulting from the issuance of the citation.
| ||
(h) The court or hearing officer may consider in defense of | ||
a violation:
| ||
(1) that the motor vehicle or registration plates of | ||
the motor
vehicle were stolen before the violation occurred | ||
and not
under the control of or in the possession of the |
owner at
the time of the violation;
| ||
(2) that the driver of the vehicle passed through the
| ||
intersection when the light was red either (i) in order to
| ||
yield the right-of-way to an emergency vehicle or (ii) as
| ||
part of a funeral procession; and
| ||
(3) any other evidence or issues provided by municipal | ||
or county ordinance.
| ||
(i) To demonstrate that the motor vehicle or the | ||
registration
plates were stolen before the violation occurred | ||
and were not under the
control or possession of the owner at | ||
the time of the violation, the
owner must submit proof that a | ||
report concerning the stolen
motor vehicle or registration | ||
plates was filed with a law enforcement agency in a timely | ||
manner.
| ||
(j) Unless the driver of the motor vehicle received a | ||
Uniform
Traffic Citation from a police officer at the time of | ||
the violation,
the motor vehicle owner is subject to a civil | ||
penalty not exceeding
$100 or the completion of a traffic | ||
education program, or both, plus an additional penalty of not | ||
more than $100 for failure to pay the original penalty or to | ||
complete a required traffic education program, or both, in a | ||
timely manner, if the motor vehicle is recorded by an automated | ||
traffic law
enforcement system. A violation for which a civil | ||
penalty is imposed
under this Section is not a violation of a | ||
traffic regulation governing
the movement of vehicles and may | ||
not be recorded on the driving record
of the owner of the |
vehicle.
| ||
(j-3) A registered owner who is a holder of a valid | ||
commercial driver's license is not required to complete a | ||
traffic education program. | ||
(j-5) For purposes of the required traffic education | ||
program only, a registered owner may submit an affidavit to the | ||
court or hearing officer swearing that at the time of the | ||
alleged violation, the vehicle was in the custody and control | ||
of another person. The affidavit must identify the person in | ||
custody and control of the vehicle, including the person's name | ||
and current address. The person in custody and control of the | ||
vehicle at the time of the violation is required to complete | ||
the required traffic education program. If the person in | ||
custody and control of the vehicle at the time of the violation | ||
completes the required traffic education program, the | ||
registered owner of the vehicle is not required to complete a | ||
traffic education program. | ||
(k) An intersection equipped with an automated traffic law
| ||
enforcement system must be posted with a sign visible to | ||
approaching traffic
indicating that the intersection is being | ||
monitored by an automated
traffic law enforcement system. | ||
(k-3) A municipality or
county that has one or more | ||
intersections equipped with an automated traffic law
| ||
enforcement system must provide notice to drivers by posting | ||
the locations of automated traffic law systems on the | ||
municipality or county website.
|
(k-5) An intersection equipped with an automated traffic | ||
law
enforcement system must have a yellow change interval that | ||
conforms with the Illinois Manual on Uniform Traffic Control | ||
Devices (IMUTCD) published by the Illinois Department of | ||
Transportation. | ||
(k-7) A municipality or county operating an automated | ||
traffic law enforcement system shall conduct a statistical | ||
analysis to assess the safety impact of each automated traffic | ||
law enforcement system at an intersection following | ||
installation of the system. The statistical analysis shall be | ||
based upon the best available crash, traffic, and other data, | ||
and shall cover a period of time before and after installation | ||
of the system sufficient to provide a statistically valid | ||
comparison of safety impact. The statistical analysis shall be | ||
consistent with professional judgment and acceptable industry | ||
practice. The statistical analysis also shall be consistent | ||
with the data required for valid comparisons of before and | ||
after conditions and shall be conducted within a reasonable | ||
period following the installation of the automated traffic law | ||
enforcement system. The statistical analysis required by this | ||
subsection (k-7) shall be made available to the public and | ||
shall be published on the website of the municipality or | ||
county. If the statistical analysis for the 36 month period | ||
following installation of the system indicates that there has | ||
been an increase in the rate of accidents at the approach to | ||
the intersection monitored by the system, the municipality or |
county shall undertake additional studies to determine the | ||
cause and severity of the accidents, and may take any action | ||
that it determines is necessary or appropriate to reduce the | ||
number or severity of the accidents at that intersection. | ||
(l) The compensation paid for an automated traffic law | ||
enforcement system
must be based on the value of the equipment | ||
or the services provided and may
not be based on the number of | ||
traffic citations issued or the revenue generated
by the | ||
system.
| ||
(m) This Section applies only to the counties of Cook, | ||
DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | ||
to municipalities located within those counties.
| ||
(n) The fee for participating in a traffic education | ||
program under this Section shall not exceed $25. | ||
A low-income individual required to complete a traffic | ||
education program under this Section who provides proof of | ||
eligibility for the federal earned income tax credit under | ||
Section 32 of the Internal Revenue Code or the Illinois earned | ||
income tax credit under Section 212 of the Illinois Income Tax | ||
Act shall not be required to pay any fee for participating in a | ||
required traffic education program. | ||
(o) A municipality or county shall make a certified report | ||
to the Secretary of State pursuant to Section 6-306.5 of this | ||
Code whenever a registered owner of a vehicle has failed to pay | ||
any
fine or penalty due and owing as a result of 5 offenses for | ||
automated traffic
law violations. |
(p) No person who is the lessor of a motor vehicle pursuant | ||
to a written lease agreement shall be liable for an automated | ||
traffic law enforcement system violation involving such motor | ||
vehicle during the period of the lease; provided that upon the | ||
request of the appropriate authority received within 120 days | ||
after the violation occurred, the lessor provides within 60 | ||
days after such receipt the name and address of the lessee. The | ||
drivers license number of a lessee may be subsequently | ||
individually requested by the appropriate authority if needed | ||
for enforcement of this Section. | ||
Upon the provision of information by the lessor pursuant to | ||
this subsection, the county or municipality may issue the | ||
violation to the lessee of the vehicle in the same manner as it | ||
would issue a violation to a registered owner of a vehicle | ||
pursuant to this Section, and the lessee may be held liable for | ||
the violation. | ||
(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11.)
|