Illinois General Assembly

Previous General Assemblies

Full Text of HB4533  97th General Assembly

HB4533 97TH GENERAL ASSEMBLY

  
  

 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4533

 

Introduced 1/31/2012, by Rep. Jim Sacia

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/4-203  from Ch. 95 1/2, par. 4-203

    Amends the Illinois Vehicle Code. Provides that whenever a law enforcement officer issues a citation to a driver for operating an uninsured motor vehicle, the arresting officer may authorize the removal and impoundment of the vehicle by a towing service. Effective January 1, 2013.


LRB097 16305 HEP 61459 b

 

 

A BILL FOR

 

HB4533LRB097 16305 HEP 61459 b

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 4-203 as follows:
 
6    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
7    Sec. 4-203. Removal of motor vehicles or other vehicles;
8Towing or hauling away.
9    (a) When a vehicle is abandoned, or left unattended, on a
10toll highway, interstate highway, or expressway for 2 hours or
11more, its removal by a towing service may be authorized by a
12law enforcement agency having jurisdiction.
13    (b) When a vehicle is abandoned on a highway in an urban
14district 10 hours or more, its removal by a towing service may
15be authorized by a law enforcement agency having jurisdiction.
16    (c) When a vehicle is abandoned or left unattended on a
17highway other than a toll highway, interstate highway, or
18expressway, outside of an urban district for 24 hours or more,
19its removal by a towing service may be authorized by a law
20enforcement agency having jurisdiction.
21    (d) When an abandoned, unattended, wrecked, burned or
22partially dismantled vehicle is creating a traffic hazard
23because of its position in relation to the highway or its

 

 

HB4533- 2 -LRB097 16305 HEP 61459 b

1physical appearance is causing the impeding of traffic, its
2immediate removal from the highway or private property adjacent
3to the highway by a towing service may be authorized by a law
4enforcement agency having jurisdiction.
5    (e) Whenever a peace officer reasonably believes that a
6person under arrest for a violation of Section 11-501 of this
7Code or a similar provision of a local ordinance is likely,
8upon release, to commit a subsequent violation of Section
911-501, or a similar provision of a local ordinance, the
10arresting officer shall have the vehicle which the person was
11operating at the time of the arrest impounded for a period of
12not more than 12 hours after the time of arrest. However, such
13vehicle may be released by the arresting law enforcement agency
14prior to the end of the impoundment period if:
15        (1) the vehicle was not owned by the person under
16    arrest, and the lawful owner requesting such release
17    possesses a valid operator's license, proof of ownership,
18    and would not, as determined by the arresting law
19    enforcement agency, indicate a lack of ability to operate a
20    motor vehicle in a safe manner, or who would otherwise, by
21    operating such motor vehicle, be in violation of this Code;
22    or
23        (2) the vehicle is owned by the person under arrest,
24    and the person under arrest gives permission to another
25    person to operate such vehicle, provided however, that the
26    other person possesses a valid operator's license and would

 

 

HB4533- 3 -LRB097 16305 HEP 61459 b

1    not, as determined by the arresting law enforcement agency,
2    indicate a lack of ability to operate a motor vehicle in a
3    safe manner or who would otherwise, by operating such motor
4    vehicle, be in violation of this Code.
5    (e-5) Whenever a registered owner of a vehicle is taken
6into custody for operating the vehicle in violation of Section
711-501 of this Code or a similar provision of a local ordinance
8or Section 6-303 of this Code, a law enforcement officer may
9have the vehicle immediately impounded for a period not less
10than:
11        (1) 24 hours for a second violation of Section 11-501
12    of this Code or a similar provision of a local ordinance or
13    Section 6-303 of this Code or a combination of these
14    offenses; or
15        (2) 48 hours for a third violation of Section 11-501 of
16    this Code or a similar provision of a local ordinance or
17    Section 6-303 of this Code or a combination of these
18    offenses.
19    The vehicle may be released sooner if the vehicle is owned
20by the person under arrest and the person under arrest gives
21permission to another person to operate the vehicle and that
22other person possesses a valid operator's license and would
23not, as determined by the arresting law enforcement agency,
24indicate a lack of ability to operate a motor vehicle in a safe
25manner or would otherwise, by operating the motor vehicle, be
26in violation of this Code.

 

 

HB4533- 4 -LRB097 16305 HEP 61459 b

1    (f) Except as provided in Chapter 18a of this Code, the
2owner or lessor of privately owned real property within this
3State, or any person authorized by such owner or lessor, or any
4law enforcement agency in the case of publicly owned real
5property may cause any motor vehicle abandoned or left
6unattended upon such property without permission to be removed
7by a towing service without liability for the costs of removal,
8transportation or storage or damage caused by such removal,
9transportation or storage. The towing or removal of any vehicle
10from private property without the consent of the registered
11owner or other legally authorized person in control of the
12vehicle is subject to compliance with the following conditions
13and restrictions:
14        1. Any towed or removed vehicle must be stored at the
15    site of the towing service's place of business. The site
16    must be open during business hours, and for the purpose of
17    redemption of vehicles, during the time that the person or
18    firm towing such vehicle is open for towing purposes.
19        2. The towing service shall within 30 minutes of
20    completion of such towing or removal, notify the law
21    enforcement agency having jurisdiction of such towing or
22    removal, and the make, model, color and license plate
23    number of the vehicle, and shall obtain and record the name
24    of the person at the law enforcement agency to whom such
25    information was reported.
26        3. If the registered owner or legally authorized person

 

 

HB4533- 5 -LRB097 16305 HEP 61459 b

1    entitled to possession of the vehicle shall arrive at the
2    scene prior to actual removal or towing of the vehicle, the
3    vehicle shall be disconnected from the tow truck and that
4    person shall be allowed to remove the vehicle without
5    interference, upon the payment of a reasonable service fee
6    of not more than one half the posted rate of the towing
7    service as provided in paragraph 6 of this subsection, for
8    which a receipt shall be given.
9        4. The rebate or payment of money or any other valuable
10    consideration from the towing service or its owners,
11    managers or employees to the owners or operators of the
12    premises from which the vehicles are towed or removed, for
13    the privilege of removing or towing those vehicles, is
14    prohibited. Any individual who violates this paragraph
15    shall be guilty of a Class A misdemeanor.
16        5. Except for property appurtenant to and obviously a
17    part of a single family residence, and except for instances
18    where notice is personally given to the owner or other
19    legally authorized person in control of the vehicle that
20    the area in which that vehicle is parked is reserved or
21    otherwise unavailable to unauthorized vehicles and they
22    are subject to being removed at the owner or operator's
23    expense, any property owner or lessor, prior to towing or
24    removing any vehicle from private property without the
25    consent of the owner or other legally authorized person in
26    control of that vehicle, must post a notice meeting the

 

 

HB4533- 6 -LRB097 16305 HEP 61459 b

1    following requirements:
2            a. Except as otherwise provided in subparagraph
3        a.1 of this subdivision (f)5, the notice must be
4        prominently placed at each driveway access or curb cut
5        allowing vehicular access to the property within 5 feet
6        from the public right-of-way line. If there are no
7        curbs or access barriers, the sign must be posted not
8        less than one sign each 100 feet of lot frontage.
9            a.1. In a municipality with a population of less
10        than 250,000, as an alternative to the requirement of
11        subparagraph a of this subdivision (f)5, the notice for
12        a parking lot contained within property used solely for
13        a 2-family, 3-family, or 4-family residence may be
14        prominently placed at the perimeter of the parking lot,
15        in a position where the notice is visible to the
16        occupants of vehicles entering the lot.
17            b. The notice must indicate clearly, in not less
18        than 2 inch high light-reflective letters on a
19        contrasting background, that unauthorized vehicles
20        will be towed away at the owner's expense.
21            c. The notice must also provide the name and
22        current telephone number of the towing service towing
23        or removing the vehicle.
24            d. The sign structure containing the required
25        notices must be permanently installed with the bottom
26        of the sign not less than 4 feet above ground level,

 

 

HB4533- 7 -LRB097 16305 HEP 61459 b

1        and must be continuously maintained on the property for
2        not less than 24 hours prior to the towing or removing
3        of any vehicle.
4        6. Any towing service that tows or removes vehicles and
5    proposes to require the owner, operator, or person in
6    control of the vehicle to pay the costs of towing and
7    storage prior to redemption of the vehicle must file and
8    keep on record with the local law enforcement agency a
9    complete copy of the current rates to be charged for such
10    services, and post at the storage site an identical rate
11    schedule and any written contracts with property owners,
12    lessors, or persons in control of property which authorize
13    them to remove vehicles as provided in this Section. The
14    towing and storage charges, however, shall not exceed the
15    maximum allowed by the Illinois Commerce Commission under
16    Section 18a-200.
17        7. No person shall engage in the removal of vehicles
18    from private property as described in this Section without
19    filing a notice of intent in each community where he
20    intends to do such removal, and such notice shall be filed
21    at least 7 days before commencing such towing.
22        8. No removal of a vehicle from private property shall
23    be done except upon express written instructions of the
24    owners or persons in charge of the private property upon
25    which the vehicle is said to be trespassing.
26        9. Vehicle entry for the purpose of removal shall be

 

 

HB4533- 8 -LRB097 16305 HEP 61459 b

1    allowed with reasonable care on the part of the person or
2    firm towing the vehicle. Such person or firm shall be
3    liable for any damages occasioned to the vehicle if such
4    entry is not in accordance with the standards of reasonable
5    care.
6        10. When a vehicle has been towed or removed pursuant
7    to this Section, it must be released to its owner or
8    custodian within one half hour after requested, if such
9    request is made during business hours. Any vehicle owner or
10    custodian or agent shall have the right to inspect the
11    vehicle before accepting its return, and no release or
12    waiver of any kind which would release the towing service
13    from liability for damages incurred during the towing and
14    storage may be required from any vehicle owner or other
15    legally authorized person as a condition of release of the
16    vehicle. A detailed, signed receipt showing the legal name
17    of the towing service must be given to the person paying
18    towing or storage charges at the time of payment, whether
19    requested or not.
20    This Section shall not apply to law enforcement,
21firefighting, rescue, ambulance, or other emergency vehicles
22which are marked as such or to property owned by any
23governmental entity.
24    When an authorized person improperly causes a motor vehicle
25to be removed, such person shall be liable to the owner or
26lessee of the vehicle for the cost or removal, transportation

 

 

HB4533- 9 -LRB097 16305 HEP 61459 b

1and storage, any damages resulting from the removal,
2transportation and storage, attorney's fee and court costs.
3    Any towing or storage charges accrued shall be payable by
4the use of any major credit card, in addition to being payable
5in cash.
6        11. Towing companies shall also provide insurance
7    coverage for areas where vehicles towed under the
8    provisions of this Chapter will be impounded or otherwise
9    stored, and shall adequately cover loss by fire, theft or
10    other risks.
11    Any person who fails to comply with the conditions and
12restrictions of this subsection shall be guilty of a Class C
13misdemeanor and shall be fined not less than $100 nor more than
14$500.
15    (g)(1) When a vehicle is determined to be a hazardous
16dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
17Illinois Municipal Code, its removal and impoundment by a
18towing service may be authorized by a law enforcement agency
19with appropriate jurisdiction.
20    (2) When a vehicle removal from either public or private
21property is authorized by a law enforcement agency, the owner
22of the vehicle shall be responsible for all towing and storage
23charges.
24    (3) Vehicles removed from public or private property and
25stored by a commercial vehicle relocator or any other towing
26service authorized by a law enforcement agency in compliance

 

 

HB4533- 10 -LRB097 16305 HEP 61459 b

1with this Section and Sections 4-201 and 4-202 of this Code, or
2at the request of the vehicle owner or operator, shall be
3subject to a possessor lien for services pursuant to the Labor
4and Storage Lien (Small Amount) Act. The provisions of Section
51 of that Act relating to notice and implied consent shall be
6deemed satisfied by compliance with Section 18a-302 and
7subsection (6) of Section 18a-300. In no event shall such lien
8be greater than the rate or rates established in accordance
9with subsection (6) of Section 18a-200 of this Code. In no
10event shall such lien be increased or altered to reflect any
11charge for services or materials rendered in addition to those
12authorized by this Act. Every such lien shall be payable by use
13of any major credit card, in addition to being payable in cash.
14    (4) Any personal property belonging to the vehicle owner in
15a vehicle subject to a lien under this subsection (g) shall
16likewise be subject to that lien, excepting only: child
17restraint systems as defined in Section 4 of the Child
18Passenger Protection Act and other child booster seats;
19eyeglasses; food; medicine; perishable property; any
20operator's licenses; any cash, credit cards, or checks or
21checkbooks; any wallet, purse, or other property containing any
22operator's license or other identifying documents or
23materials, cash, credit cards, checks, or checkbooks; and any
24personal property belonging to a person other than the vehicle
25owner if that person provides adequate proof that the personal
26property belongs to that person. The spouse, child, mother,

 

 

HB4533- 11 -LRB097 16305 HEP 61459 b

1father, brother, or sister of the vehicle owner may claim
2personal property excepted under this paragraph (4) if the
3person claiming the personal property provides the commercial
4vehicle relocator or towing service with the authorization of
5the vehicle owner.
6    (5) This paragraph (5) applies only in the case of a
7vehicle that is towed as a result of being involved in an
8accident. In addition to the personal property excepted under
9paragraph (4), all other personal property in a vehicle subject
10to a lien under this subsection (g) is exempt from that lien
11and may be claimed by the vehicle owner if the vehicle owner
12provides the commercial vehicle relocator or towing service
13with proof that the vehicle owner has an insurance policy
14covering towing and storage fees. The spouse, child, mother,
15father, brother, or sister of the vehicle owner may claim
16personal property in a vehicle subject to a lien under this
17subsection (g) if the person claiming the personal property
18provides the commercial vehicle relocator or towing service
19with the authorization of the vehicle owner and proof that the
20vehicle owner has an insurance policy covering towing and
21storage fees. The regulation of liens on personal property and
22exceptions to those liens in the case of vehicles towed as a
23result of being involved in an accident are exclusive powers
24and functions of the State. A home rule unit may not regulate
25liens on personal property and exceptions to those liens in the
26case of vehicles towed as a result of being involved in an

 

 

HB4533- 12 -LRB097 16305 HEP 61459 b

1accident. This paragraph (5) is a denial and limitation of home
2rule powers and functions under subsection (h) of Section 6 of
3Article VII of the Illinois Constitution.
4    (6) No lien under this subsection (g) shall: exceed $2,000
5in its total amount; or be increased or altered to reflect any
6charge for services or materials rendered in addition to those
7authorized by this Act.
8    (h) Whenever a peace officer issues a citation to a driver
9for a violation of subsection (a) of Section 11-506 of this
10Code, the arresting officer may have the vehicle which the
11person was operating at the time of the arrest impounded for a
12period of 5 days after the time of arrest. An impounding agency
13shall release a motor vehicle impounded under this subsection
14(h) to the registered owner of the vehicle under any of the
15following circumstances:
16        (1) If the vehicle is a stolen vehicle; or
17        (2) If the person ticketed for a violation of
18    subsection (a) of Section 11-506 of this Code was not
19    authorized by the registered owner of the vehicle to
20    operate the vehicle at the time of the violation; or
21        (3) If the registered owner of the vehicle was neither
22    the driver nor a passenger in the vehicle at the time of
23    the violation or was unaware that the driver was using the
24    vehicle to engage in street racing; or
25        (4) If the legal owner or registered owner of the
26    vehicle is a rental car agency; or

 

 

HB4533- 13 -LRB097 16305 HEP 61459 b

1        (5) If, prior to the expiration of the impoundment
2    period specified above, the citation is dismissed or the
3    defendant is found not guilty of the offense.
4    (i) Whenever a law enforcement officer issues a citation to
5a driver for a violation of Section 3-707 of this Code, the
6arresting officer may authorize the removal and impoundment of
7the vehicle by a towing service.
8(Source: P.A. 95-310, eff. 1-1-08; 95-562, eff. 7-1-08; 95-621,
9eff. 6-1-08; 95-876, eff. 8-21-08; 96-1274, eff. 7-26-10;
1096-1506, eff. 1-27-11.)
 
11    Section 99. Effective date. This Act takes effect January
121, 2013.