HB5235 101ST GENERAL ASSEMBLY

LRB101 18471 LNS 67919 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5235

Introduced , by Rep. Jay Hoffman

SYNOPSIS AS INTRODUCED:

625 ILCS 5/11-1431
625 ILCS 5/18c-4104	from Ch. 95 1/2, par. 18c-4104
625 ILCS 5/18c-4208 new
625 ILCS 5/18d-115
625 ILCS 5/18d-117
625 ILCS 5/18d-155

Amends the Illinois Vehicle Code. Provides that a towing service shall possess, before the towing service arrives at the scene from which a vehicle is to be towed or transported, proof that the owner or operator of the vehicle initiated contact with the towing service regarding service. Provides that any towing service authorized to tow a vehicle is entitled to the payment of applicable recovery, towing, and storage charges, and shall have a lien against the vehicle to secure payment. Provides that a towing service that solicits or tows a vehicle in violation of certain provisions regarding solicitations at an accident or disablement scene shall not have a lien against the vehicle, and is required to release the vehicle without payment. Provides that if a towing service solicits or tows a vehicle in violation of certain provisions regarding solicitations at an accident or disablement scene and fails to produce electronic or other proof of contact, the law enforcement official with jurisdiction shall impound all tow trucks used in connection with the solicitation or towing and collect a civil penalty not less than $10,000 nor more than $15,000 per impounded vehicle. Provides that it is unlawful for any person to operate, as an intrastate motor carrier of property, in violation of provisions regarding solicitations at an accident or disablement scene. Provides that if the Illinois Commerce Commission finds that a licensed or unlicensed motor carrier of property or commercial vehicle safety relocator has violated certain provisions regarding solicitations at an accident or disablement scene 3 times in one year, the Commission shall revoke any motor carrier or relocator license held by the motor carrier or relocator, and shall not issue a license to the person or entity for 3 years. Makes other changes. Effective immediately.

A BILL FOR

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 11-1431, 18c-4104, 18d-115, 18d-117, and 18d-155 and by adding Section 18c-4208 as follows:

(625 ILCS 5/11-1431)

Sec. 11-1431. Solicitations at accident or disablement scene prohibited.

(a) A tower, as defined by Section 1-205.2 of this Code, or an employee or agent of a tower may not: (i) stop at the scene of a motor vehicle accident or at or near a damaged or disabled vehicle for the purpose of soliciting the owner or operator of the damaged or disabled vehicle to enter into a towing service transaction; or (ii) stop at the scene of an accident or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, a local agency having jurisdiction over the highway, the owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including his or her insurer or motor club of which the owner or operator is a member. This Section shall not apply to employees of the Department, the Illinois State Toll Highway Authority, or local agencies when engaged in their official duties. Nothing in this Section shall prevent a tower from stopping at the scene of a motor vehicle accident or at or near a damaged or disabled vehicle if the owner or operator signals the tower for assistance from the location of the motor vehicle accident or damaged or disabled vehicle.

(b) A person or company who violates this Section is guilty of a Class 4 felony. A person convicted of violating this Section shall also have his or her driver's license, permit, or privileges suspended for 3 months. After the expiration of the 3-month suspension, the person's driver's license, permit, or privileges shall not be reinstated until he or she has paid a reinstatement fee of $100. If a person violates this Section while his or her driver's license, permit, or privileges are suspended under this subsection (b), his or her driver's license, permit, or privileges shall be suspended for an additional 6 months, and shall not be reinstated after the expiration of the 6-month suspension until he or she pays a reinstatement fee of $100. A vehicle owner, or his or her authorized agent or automobile insurer, may bring a claim against a company or person who willfully and materially violates this Section. A court may award the prevailing party reasonable attorney's fees, costs, and expenses relating to that action.

(c) Except as otherwise provided in subsection (e), a towing service shall possess, before the towing service, or its employee or agent, arrives at the scene from which a vehicle is to be towed or transported, proof that the owner or operator of the vehicle, his or her family member, or other authorized person initiated contact with the towing service regarding service, and shall produce such proof to any law enforcement officer with jurisdiction on request. The authorization may be in the form of a fax, email, text, or other electronic record, recorded telephone call, or record showing that a call was made from the owner or operator of the vehicle, his or her family member, or other authorized person to the towing service, record of dispatch from a dealership, motor club, or repair or body shop, or other printable record.

(d) Contact to the towing service that was directed or suggested by the towing service or any person or entity affiliated with the towing service, or that was preceded by contact from the towing service or any person or entity affiliated with the towing service, does not satisfy the requirement of subsection (c).

(e) This Section does not apply: (i) if a law enforcement agency or officer has authorized the tow; or (ii) to the relocation of a trespassing vehicle from private property subject to subsection (f) of Section 4-203 or Chapter 18a.

(f) Any towing service authorized by the owner or operator or by law enforcement to tow a vehicle: (i) is entitled to the payment of applicable recovery, towing, and storage charges; and (ii) shall have a lien against the vehicle pursuant to subsection (c) of Section 4-204 and subsection (b) of Section 4-207 to secure payment. The lien is not assignable or otherwise transferable to any person other than the towing service.

(g) A towing service that solicits or tows a vehicle in violation of this Section: (i) shall not have a lien against the vehicle; and (ii) is required to release the vehicle without payment to a law enforcement official with jurisdiction.

(h) If a towing service solicits or tows a vehicle in violation of this Section and fails to produce, on demand by any law enforcement official with jurisdiction, proof of contact as required by subsection (c), any law enforcement official with jurisdiction shall impound all tow trucks used in connection with the solicitation or towing. A tow truck impounded under this subsection shall be released only upon: (i) proof of contact as required by subsection (c); or (ii) payment of a civil penalty not less than $10,000 nor more than $15,000 per impounded vehicle. Each law enforcement agency that impounds a vehicle under this subsection shall provide a procedure for a due process hearing and relief upon written petition by a towing service.

(Source: P.A. 99-438, eff. 1-1-16; 99-848, eff. 8-19-16; 100-201, eff. 8-18-17.)

(625 ILCS 5/18c-4104) (from Ch. 95 1/2, par. 18c-4104)

Sec. 18c-4104. Unlawful Operations.

(1) Prohibition. Except as provided in Article I of this Sub-chapter, and subject to the provisions stated herein, it shall be unlawful for any person to:

(a) Operate as an intrastate motor carrier of property without a license from the Commission; or as an interstate motor carrier of property without a registration from the Commission.

(b) Operate as an intrastate household goods carrier in excess of the scope of a license issued to it by the Commission in regard to any of the following:

1. hauling unauthorized commodities;

2. operating outside authorized territory; or

3. violating other restrictions.

(c) Operate, as an intrastate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current license issued by the Commission to such carrier; or operate, as an interstate motor carrier of property, any motor vehicle which does not carry a copy of a valid, current registration issued by the Commission to such carrier; or fail to produce such copy on request; provided that an authorized interstate motor carrier of property shall be exempted from the requirement that a copy of its registration be carried in each motor vehicle.

(d) Operate, as an intrastate household goods carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, for which a valid lease is not on file in compliance with Section 18c-4103 of this Chapter, Commission regulations and orders.

(e) Operate, as an intrastate household goods carrier, any motor vehicle not owned by the carrier, or operate as an intrastate public carrier, any motor vehicle not owned by the carrier or another intrastate public carrier, which does not carry an executed copy of the lease required in paragraph (d) of this subsection; or fail to produce such copy on request.

(f) Operate, as an intrastate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle for which the carrier has not executed a prescribed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.

(g) Operate, as an intrastate motor carrier of property, any motor vehicle which does not carry the properly executed intrastate cab card, with current Illinois intrastate identifier printed thereon; or, as an interstate motor carrier of property, any motor vehicle which does not carry the properly executed interstate cab card, with current Illinois interstate identifier affixed or printed thereon.

(h) Operate, as an intrastate or interstate motor carrier of property, any motor vehicle which is not identified or is not properly identified in compliance with Section 18c-4701 of this Chapter, Commission regulations and orders.

(i) Operate, as an intrastate motor carrier of property, in violation of transfer requirements in Section 18c-4307 of this Chapter.

(j) Provide, as an intrastate household goods carrier, service at rates other than those contained in lawfully applicable tariffs or schedules for such service.

(j-5) Operate, as an intrastate motor carrier of property, in violation of Section 11-1431.

(k) Otherwise operate as a motor carrier of property in violation of any provision of this Chapter, Commission regulations and orders, or any other law of this State.

(l) Aid or abet any other person in a violation of this Chapter, Commission regulations or orders, by soliciting, receiving, or compensating service from a person not authorized to provide such service, or at other than lawful rates for such service, or otherwise.

(2) Provisos.

(a) Presentation of Documents at Hearing as Defense. Presentation, at hearing, of a copy of a current license or registration issued by the Commission to the carrier which was valid on the date the violation occurred shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from any penalties under paragraph (c) of subsection (1) of this Section. Presentation, at hearing, of an executed copy of the current lease in the form prescribed by and on file with the Commission shall, if no concurrent violations of this Chapter, Commission regulations or orders are found, excuse the carrier from penalties under paragraph (d) of subsection (1) of this Section. Presentation, at hearing, of the required intrastate or interstate cab card, with the required Illinois intrastate or interstate identifier affixed or printed thereon, if valid on the date the violation occurred, and if no concurrent violations are found, shall excuse the carrier from penalties under paragraph (g) of subsection (1) of this Section.

(b) Lease Form Prescribed by the Commission. A lease shall, for purposes of paragraph (d) of subsection (1) of this Section, be deemed to be in the form prescribed by the Commission if it contains all provisions called for in the Commission-prescribed lease and does not contain any provisions inconsistent therewith.

(Source: P.A. 89-444, eff. 1-25-96.)

(625 ILCS 5/18c-4208 new)

Sec. 18c-4208. Enforcement. If the Commission finds that a licensed or unlicensed motor carrier of property has committed 3 violations of Section 11-1431 in one year, the Commission, in addition to any other sanctions available under this Chapter, shall revoke any motor carrier property license held by the motor carrier of property. Following a finding under this Section, the Commission shall not issue a motor carrier of property license to the person or entity for 3 years.

(625 ILCS 5/18d-115)

Sec. 18d-115. Enforcement.

(a) It shall be unlawful for any commercial vehicle safety relocator to operate: (i) in any county in which this Chapter is applicable without a valid, current safety relocator's registration certificate issued by the Illinois Commerce Commission; or (ii) except in compliance with this Chapter and rules of the Commission adopted under this Chapter.

(b) The Illinois Commerce Commission shall issue safety relocator's registration certificates in accordance with administrative rules adopted by the Commission.

(c) The Commission may, at any time during the term of the registration certificate, make inquiry, into any licensed or unlicensed commercial vehicle relocator's the licensee's management or conduct of business or otherwise, to determine that the provisions of this Chapter and the rules of the Commission adopted under this Chapter are being observed.

(Source: P.A. 95-562, eff. 7-1-08.)

(625 ILCS 5/18d-117)

Sec. 18d-117. Exemption.

(a) A tower, as defined by Section 1-205.2 of this Code, legally residing in a county not subject to this Chapter pursuant to Section 18d-180 of this Chapter may operate in a county that is subject to this Chapter pursuant to Section 18d-180 for the limited purpose of removing a damaged or disabled vehicle upon the request of the owner or operator legally residing in a county not subject to this Chapter to remove the vehicle and tow the vehicle across county lines to the county where the tower and owner or operator resides.

(b) A tower operating for the limited purpose in subsection (a) is not subject to the provisions of this Chapter.

(c) Subsection (a) does not apply to towers that legally reside in both counties.

(d) The disclosures and authorization required under this Chapter are not required if a tow was authorized by a law enforcement agency or officer. The authorization may be evidenced by a tow sheet issued by the law enforcement agency or officer, records of the commercial vehicle safety relocator showing the date and time of the authorization and the department and star or badge number of the officer from whom the authorization was received, or other evidence of law enforcement authorization.

(Source: P.A. 96-309, eff. 1-1-10.)

(625 ILCS 5/18d-155)

Sec. 18d-155. Compliance.

(a) The Illinois Commerce Commission may request documentation or investigate business practices by any licensed or unlicensed a commercial vehicle safety relocator to determine compliance with this Chapter and rules adopted by the Commission under this Chapter. Failure to comply with any Section of this Chapter or any rule adopted by the Commission under this Chapter, as determined by the Illinois Commerce Commission shall subject a commercial vehicle safety relocator to penalties imposed by the Illinois Commerce Commission. Penalties may include suspension or revocation of registration certificate and monetary fines up to $1,000 for each violation.

(b) If the Commission finds that a commercial vehicle safety relocator has committed 3 violations of Section 11-1431 in one year, the Commission, in addition to any other sanctions available under subsection (a), shall revoke the registration certificate of the commercial vehicle safety relocator. Following a revocation under this subsection, the Commission shall not issue a registration certificate to the commercial vehicle safety relocator for 3 years.

(Source: P.A. 95-562, eff. 7-1-08.)

Section 99. Effective date. This Act takes effect upon becoming law.