97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB2103

 

Introduced 2/10/2011, by Sen. Martin A. Sandoval

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/11-208.6

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning automated traffic law enforcement systems.


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A BILL FOR

 

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1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 11-208.6 as follows:
 
6    (625 ILCS 5/11-208.6)
7    Sec. 11-208.6. Automated traffic law enforcement system.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or or more motor
10vehicle sensors working in conjunction with a red light signal
11to produce recorded images of motor vehicles entering an
12intersection against a red signal indication in violation of
13Section 11-306 of this Code or a similar provision of a local
14ordinance.
15    An automated traffic law enforcement system is a system, in
16a municipality or county operated by a governmental agency,
17that produces a recorded image of a motor vehicle's violation
18of a provision of this Code or a local ordinance and is
19designed to obtain a clear recorded image of the vehicle and
20the vehicle's license plate. The recorded image must also
21display the time, date, and location of the violation.
22    (b) As used in this Section, "recorded images" means images
23recorded by an automated traffic law enforcement system on:

 

 

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1        (1) 2 or more photographs;
2        (2) 2 or more microphotographs;
3        (3) 2 or more electronic images; or
4        (4) a video recording showing the motor vehicle and, on
5    at least one image or portion of the recording, clearly
6    identifying the registration plate number of the motor
7    vehicle.
8    (b-5) A municipality or county that produces a recorded
9image of a motor vehicle's violation of a provision of this
10Code or a local ordinance must make the recorded images of a
11violation accessible to the alleged violator by providing the
12alleged violator with a website address, accessible through the
13Internet.
14    (c) A county or municipality, including a home rule county
15or municipality, may not use an automated traffic law
16enforcement system to provide recorded images of a motor
17vehicle for the purpose of recording its speed. The regulation
18of the use of automated traffic law enforcement systems to
19record vehicle speeds is an exclusive power and function of the
20State. This subsection (c) is a denial and limitation of home
21rule powers and functions under subsection (h) of Section 6 of
22Article VII of the Illinois Constitution.
23    (c-5) A county or municipality, including a home rule
24county or municipality, may not use an automated traffic law
25enforcement system to issue violations in instances where the
26motor vehicle comes to a complete stop and does not enter the

 

 

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1intersection, as defined by Section 1-132 of this Code, during
2the cycle of the red signal indication unless one or more
3pedestrians or bicyclists are present, even if the motor
4vehicle stops at a point past a stop line or crosswalk where a
5driver is required to stop, as specified in subsection (c) of
6Section 11-306 of this Code or a similar provision of a local
7ordinance.
8    (d) For each violation of a provision of this Code or a
9local ordinance recorded by an automatic traffic law
10enforcement system, the county or municipality having
11jurisdiction shall issue a written notice of the violation to
12the registered owner of the vehicle as the alleged violator.
13The notice shall be delivered to the registered owner of the
14vehicle, by mail, within 30 days after the Secretary of State
15notifies the municipality or county of the identity of the
16owner of the vehicle, but in no event later than 90 days after
17the violation.
18    The notice shall include:
19        (1) the name and address of the registered owner of the
20    vehicle;
21        (2) the registration number of the motor vehicle
22    involved in the violation;
23        (3) the violation charged;
24        (4) the location where the violation occurred;
25        (5) the date and time of the violation;
26        (6) a copy of the recorded images;

 

 

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1        (7) the amount of the civil penalty imposed and the
2    requirements of any traffic education program imposed and
3    the date by which the civil penalty should be paid and the
4    traffic education program should be completed;
5        (8) a statement that recorded images are evidence of a
6    violation of a red light signal;
7        (9) a warning that failure to pay the civil penalty, to
8    complete a required traffic education program, or to
9    contest liability in a timely manner is an admission of
10    liability and may result in a suspension of the driving
11    privileges of the registered owner of the vehicle;
12        (10) a statement that the person may elect to proceed
13    by:
14            (A) paying the fine, completing a required traffic
15        education program, or both; or
16            (B) challenging the charge in court, by mail, or by
17        administrative hearing; and
18        (11) a website address, accessible through the
19    Internet, where the person may view the recorded images of
20    the violation.
21    (e) If a person charged with a traffic violation, as a
22result of an automated traffic law enforcement system, does not
23pay the fine or complete a required traffic education program,
24or both, or successfully contest the civil penalty resulting
25from that violation, the Secretary of State shall suspend the
26driving privileges of the registered owner of the vehicle under

 

 

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1Section 6-306.5 of this Code for failing to complete a required
2traffic education program or to pay any fine or penalty due and
3owing, or both, as a result of 5 violations of the automated
4traffic law enforcement system.
5    (f) Based on inspection of recorded images produced by an
6automated traffic law enforcement system, a notice alleging
7that the violation occurred shall be evidence of the facts
8contained in the notice and admissible in any proceeding
9alleging a violation under this Section.
10    (g) Recorded images made by an automatic traffic law
11enforcement system are confidential and shall be made available
12only to the alleged violator and governmental and law
13enforcement agencies for purposes of adjudicating a violation
14of this Section, for statistical purposes, or for other
15governmental purposes. Any recorded image evidencing a
16violation of this Section, however, may be admissible in any
17proceeding resulting from the issuance of the citation.
18    (h) The court or hearing officer may consider in defense of
19a violation:
20        (1) that the motor vehicle or registration plates of
21    the motor vehicle were stolen before the violation occurred
22    and not under the control of or in the possession of the
23    owner at the time of the violation;
24        (2) that the driver of the vehicle passed through the
25    intersection when the light was red either (i) in order to
26    yield the right-of-way to an emergency vehicle or (ii) as

 

 

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1    part of a funeral procession; and
2        (3) any other evidence or issues provided by municipal
3    or county ordinance.
4    (i) To demonstrate that the motor vehicle or the
5registration plates were stolen before the violation occurred
6and were not under the control or possession of the owner at
7the time of the violation, the owner must submit proof that a
8report concerning the stolen motor vehicle or registration
9plates was filed with a law enforcement agency in a timely
10manner.
11    (j) Unless the driver of the motor vehicle received a
12Uniform Traffic Citation from a police officer at the time of
13the violation, the motor vehicle owner is subject to a civil
14penalty not exceeding $100 or the completion of a traffic
15education program, or both, plus an additional penalty of not
16more than $100 for failure to pay the original penalty or to
17complete a required traffic education program, or both, in a
18timely manner, if the motor vehicle is recorded by an automated
19traffic law enforcement system. A violation for which a civil
20penalty is imposed under this Section is not a violation of a
21traffic regulation governing the movement of vehicles and may
22not be recorded on the driving record of the owner of the
23vehicle.
24    (j-3) A registered owner who is a holder of a valid
25commercial driver's license is not required to complete a
26traffic education program.

 

 

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1    (j-5) For purposes of the required traffic education
2program only, a registered owner may submit an affidavit to the
3court or hearing officer swearing that at the time of the
4alleged violation, the vehicle was in the custody and control
5of another person. The affidavit must identify the person in
6custody and control of the vehicle, including the person's name
7and current address. The person in custody and control of the
8vehicle at the time of the violation is required to complete
9the required traffic education program. If the person in
10custody and control of the vehicle at the time of the violation
11completes the required traffic education program, the
12registered owner of the vehicle is not required to complete a
13traffic education program.
14    (k) An intersection equipped with an automated traffic law
15enforcement system must be posted with a sign visible to
16approaching traffic indicating that the intersection is being
17monitored by an automated traffic law enforcement system.
18    (k-3) A municipality or county that has one or more
19intersections equipped with an automated traffic law
20enforcement system must provide notice to drivers by posting
21the locations of automated traffic law systems on the
22municipality or county website.
23    (k-5) An intersection equipped with an automated traffic
24law enforcement system must have a yellow change interval that
25conforms with the Illinois Manual on Uniform Traffic Control
26Devices (IMUTCD) published by the Illinois Department of

 

 

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1Transportation.
2    (k-7) A municipality or county operating an automated
3traffic law enforcement system shall conduct a statistical
4analysis to assess the safety impact of each automated traffic
5law enforcement system at an intersection following
6installation of the system. The statistical analysis shall be
7based upon the best available crash, traffic, and other data,
8and shall cover a period of time before and after installation
9of the system sufficient to provide a statistically valid
10comparison of safety impact. The statistical analysis shall be
11consistent with professional judgment and acceptable industry
12practice. The statistical analysis also shall be consistent
13with the data required for valid comparisons of before and
14after conditions and shall be conducted within a reasonable
15period following the installation of the automated traffic law
16enforcement system. The statistical analysis required by this
17subsection (k-7) shall be made available to the public and
18shall be published on the website of the municipality or
19county. If the statistical analysis for the 36 month period
20following installation of the system indicates that there has
21been an increase in the rate of accidents at the approach to
22the intersection monitored by the system, the municipality or
23county shall undertake additional studies to determine the
24cause and severity of the accidents, and may take any action
25that it determines is necessary or appropriate to reduce the
26number or severity of the accidents at that intersection.

 

 

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1    (l) The compensation paid for an automated traffic law
2enforcement system must be based on the value of the equipment
3or the services provided and may not be based on the number of
4traffic citations issued or the revenue generated by the
5system.
6    (m) This Section applies only to the counties of Cook,
7DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
8to municipalities located within those counties.
9    (n) The fee for participating in a traffic education
10program under this Section shall not exceed $25.
11    A low-income individual required to complete a traffic
12education program under this Section who provides proof of
13eligibility for the federal earned income tax credit under
14Section 32 of the Internal Revenue Code or the Illinois earned
15income tax credit under Section 212 of the Illinois Income Tax
16Act shall not be required to pay any fee for participating in a
17required traffic education program.
18    (o) A municipality or county shall make a certified report
19to the Secretary of State pursuant to Section 6-306.5 of this
20Code whenever a registered owner of a vehicle has failed to pay
21any fine or penalty due and owing as a result of 5 offenses for
22automated traffic law violations.
23(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11.)