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Full Text of SB3504  97th General Assembly

SB3504eng 97TH GENERAL ASSEMBLY

  
  
  

 


 
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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 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) Except as provided under Section 11-208.8 of this Code,
15a county or municipality, including a home rule county or
16municipality, may not use an automated traffic law enforcement
17system to provide recorded images of a motor vehicle for the
18purpose of recording its speed. Except as provided under
19Section 11-208.8 of this Code, the regulation of the use of
20automated traffic law enforcement systems to record vehicle
21speeds is an exclusive power and function of the State. This
22subsection (c) is a denial and limitation of home rule powers
23and functions under subsection (h) of Section 6 of Article VII
24of the Illinois Constitution.
25    (c-5) A county or municipality, including a home rule
26county or municipality, may not use an automated traffic law

 

 

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1enforcement system to issue violations in instances where the
2motor vehicle comes to a complete stop and does not enter the
3intersection, as defined by Section 1-132 of this Code, during
4the cycle of the red signal indication unless one or more
5pedestrians or bicyclists are present, even if the motor
6vehicle stops at a point past a stop line or crosswalk where a
7driver is required to stop, as specified in subsection (c) of
8Section 11-306 of this Code or a similar provision of a local
9ordinance.
10    (c-6) A county, or a municipality with less than 2,000,000
11inhabitants, including a home rule county or municipality, may
12not use an automated traffic law enforcement system to issue
13violations in instances where a motorcyclist enters an
14intersection against a red signal indication when the red
15signal fails to change to a green signal within a reasonable
16period of time because of a signal malfunction or because the
17signal has failed to detect the arrival of the motorcycle due
18to the motorcycle's size or weight.
19    (d) For each violation of a provision of this Code or a
20local ordinance recorded by an automatic traffic law
21enforcement system, the county or municipality having
22jurisdiction shall issue a written notice of the violation to
23the registered owner of the vehicle as the alleged violator.
24The notice shall be delivered to the registered owner of the
25vehicle, by mail, within 30 days after the Secretary of State
26notifies the municipality or county of the identity of the

 

 

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1owner of the vehicle, but in no event later than 90 days after
2the violation.
3    The notice shall include:
4        (1) the name and address of the registered owner of the
5    vehicle;
6        (2) the registration number of the motor vehicle
7    involved in the violation;
8        (3) the violation charged;
9        (4) the location where the violation occurred;
10        (5) the date and time of the violation;
11        (6) a copy of the recorded images;
12        (7) the amount of the civil penalty imposed and the
13    requirements of any traffic education program imposed and
14    the date by which the civil penalty should be paid and the
15    traffic education program should be completed;
16        (8) a statement that recorded images are evidence of a
17    violation of a red light signal;
18        (9) a warning that failure to pay the civil penalty, to
19    complete a required traffic education program, or to
20    contest liability in a timely manner is an admission of
21    liability and may result in a suspension of the driving
22    privileges of the registered owner of the vehicle;
23        (10) a statement that the person may elect to proceed
24    by:
25            (A) paying the fine, completing a required traffic
26        education program, or both; or

 

 

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1            (B) challenging the charge in court, by mail, or by
2        administrative hearing; and
3        (11) a website address, accessible through the
4    Internet, where the person may view the recorded images of
5    the violation.
6    (e) If a person charged with a traffic violation, as a
7result of an automated traffic law enforcement system, does not
8pay the fine or complete a required traffic education program,
9or both, or successfully contest the civil penalty resulting
10from that violation, the Secretary of State shall suspend the
11driving privileges of the registered owner of the vehicle under
12Section 6-306.5 of this Code for failing to complete a required
13traffic education program or to pay any fine or penalty due and
14owing, or both, as a result of a combination of 5 violations of
15the automated traffic law enforcement system or the automated
16speed enforcement system under Section 11-208.8 of this Code.
17    (f) Based on inspection of recorded images produced by an
18automated traffic law enforcement system, a notice alleging
19that the violation occurred shall be evidence of the facts
20contained in the notice and admissible in any proceeding
21alleging a violation under this Section.
22    (g) Recorded images made by an automatic traffic law
23enforcement system are confidential and shall be made available
24only to the alleged violator and governmental and law
25enforcement agencies for purposes of adjudicating a violation
26of this Section, for statistical purposes, or for other

 

 

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1governmental purposes. Any recorded image evidencing a
2violation of this Section, however, may be admissible in any
3proceeding resulting from the issuance of the citation.
4    (h) The court or hearing officer may consider in defense of
5a violation:
6        (1) that the motor vehicle or registration plates of
7    the motor vehicle were stolen before the violation occurred
8    and not under the control of or in the possession of the
9    owner at the time of the violation;
10        (2) that the driver of the vehicle passed through the
11    intersection when the light was red either (i) in order to
12    yield the right-of-way to an emergency vehicle or (ii) as
13    part of a funeral procession; and
14        (3) evidence that the minimal yellow light change
15    interval does not conform with the requirements of
16    subsection (k-5) of this Section; and
17        (4) (3) any other evidence or issues provided by
18    municipal or county ordinance.
19    (i) To demonstrate that the motor vehicle or the
20registration plates were stolen before the violation occurred
21and were not under the control or possession of the owner at
22the time of the violation, the owner must submit proof that a
23report concerning the stolen motor vehicle or registration
24plates was filed with a law enforcement agency in a timely
25manner.
26    (j) Unless the driver of the motor vehicle received a

 

 

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1Uniform Traffic Citation from a police officer at the time of
2the violation, the motor vehicle owner is subject to a civil
3penalty not exceeding $100 or the completion of a traffic
4education program, or both, plus an additional penalty of not
5more than $100 for failure to pay the original penalty or to
6complete a required traffic education program, or both, in a
7timely manner, if the motor vehicle is recorded by an automated
8traffic law enforcement system. A violation for which a civil
9penalty is imposed under this Section is not a violation of a
10traffic regulation governing the movement of vehicles and may
11not be recorded on the driving record of the owner of the
12vehicle.
13    (j-3) A registered owner who is a holder of a valid
14commercial driver's license is not required to complete a
15traffic education program.
16    (j-5) For purposes of the required traffic education
17program only, a registered owner may submit an affidavit to the
18court or hearing officer swearing that at the time of the
19alleged violation, the vehicle was in the custody and control
20of another person. The affidavit must identify the person in
21custody and control of the vehicle, including the person's name
22and current address. The person in custody and control of the
23vehicle at the time of the violation is required to complete
24the required traffic education program. If the person in
25custody and control of the vehicle at the time of the violation
26completes the required traffic education program, the

 

 

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1registered owner of the vehicle is not required to complete a
2traffic education program.
3    (k) An intersection equipped with an automated traffic law
4enforcement system must be posted with a sign visible to
5approaching traffic indicating that the intersection is being
6monitored by an automated traffic law enforcement system.
7    (k-3) A municipality or county that has one or more
8intersections equipped with an automated traffic law
9enforcement system must provide notice to drivers by posting
10the locations of automated traffic law systems on the
11municipality or county website.
12    (k-5) An intersection equipped with an automated traffic
13law enforcement system must have a yellow change interval that
14conforms with the Illinois Manual on Uniform Traffic Control
15Devices (IMUTCD) published by the Illinois Department of
16Transportation. The minimal yellow light change interval shall
17be established in accordance with nationally recognized
18engineering standards using the 85th percentile approach
19traffic speed, derived from engineering speed studies
20conducted under good conditions and not influenced by law
21enforcement actions or visible speed display signs, and any
22established time may not be less than the recognized national
23standard plus one additional second.
24    (k-7) A municipality or county operating an automated
25traffic law enforcement system shall conduct a statistical
26analysis to assess the safety impact of each automated traffic

 

 

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1law enforcement system at an intersection following
2installation of the system. The statistical analysis shall be
3based upon the best available crash, traffic, and other data,
4and shall cover a period of time before and after installation
5of the system sufficient to provide a statistically valid
6comparison of safety impact. The statistical analysis shall be
7consistent with professional judgment and acceptable industry
8practice. The statistical analysis also shall be consistent
9with the data required for valid comparisons of before and
10after conditions and shall be conducted within a reasonable
11period following the installation of the automated traffic law
12enforcement system. The statistical analysis required by this
13subsection (k-7) shall be made available to the public and
14shall be published on the website of the municipality or
15county. If the statistical analysis for the 36 month period
16following installation of the system indicates that there has
17been an increase in the rate of accidents at the approach to
18the intersection monitored by the system, the municipality or
19county shall undertake additional studies to determine the
20cause and severity of the accidents, and may take any action
21that it determines is necessary or appropriate to reduce the
22number or severity of the accidents at that intersection.
23    (l) The compensation paid for an automated traffic law
24enforcement system must be based on the value of the equipment
25or the services provided and may not be based on the number of
26traffic citations issued or the revenue generated by the

 

 

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1system.
2    (m) This Section applies only to the counties of Cook,
3DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
4to municipalities located within those counties.
5    (n) The fee for participating in a traffic education
6program under this Section shall not exceed $25.
7    A low-income individual required to complete a traffic
8education program under this Section who provides proof of
9eligibility for the federal earned income tax credit under
10Section 32 of the Internal Revenue Code or the Illinois earned
11income tax credit under Section 212 of the Illinois Income Tax
12Act shall not be required to pay any fee for participating in a
13required traffic education program.
14    (o) A municipality or county shall make a certified report
15to the Secretary of State pursuant to Section 6-306.5 of this
16Code whenever a registered owner of a vehicle has failed to pay
17any fine or penalty due and owing as a result of a combination
18of 5 offenses for automated traffic law or speed enforcement
19system violations.
20    (p) No person who is the lessor of a motor vehicle pursuant
21to a written lease agreement shall be liable for an automated
22speed or traffic law enforcement system violation involving
23such motor vehicle during the period of the lease; provided
24that upon the request of the appropriate authority received
25within 120 days after the violation occurred, the lessor
26provides within 60 days after such receipt the name and address

 

 

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1of the lessee. The drivers license number of a lessee may be
2subsequently individually requested by the appropriate
3authority if needed for enforcement of this Section.
4    Upon the provision of information by the lessor pursuant to
5this subsection, the county or municipality may issue the
6violation to the lessee of the vehicle in the same manner as it
7would issue a violation to a registered owner of a vehicle
8pursuant to this Section, and the lessee may be held liable for
9the violation.
10(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
1197-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, eff. 7-1-12;
12revised 2-8-12.)