HB5408eng 103RD GENERAL ASSEMBLY

HB5408 Engrossed LRB103 35376 MXP 65441 b

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be referred to as the O'Hare Driver Safety Act.

Section 5. Definitions. As used in this Act:

"Authority" means the Illinois Toll Highway Authority.

"Automated traffic safety system" means a device with one or more motor vehicle sensors to produce a recorded image of a motor vehicle that is stopped or standing on the side of a highway or roadway in violation of Section 11-1303 of the Illinois Vehicle Code.

"Recorded images" has the same meaning given to that term under Section 11-208.6 of the Illinois Vehicle Code.

Section 10. No stopping or standing within one-half mile of O'Hare International Airport. Except where permitted, a person operating a motor vehicle shall not stop or stand the person's vehicle on a shoulder of a highway along traffic routes within a one-half mile radius of: (1) the eastern entrance to O'Hare International Airport; and (2) the intersection of Interstate 90 and Interstate 294.

No person who is the lessor of a motor vehicle under a written lease agreement shall be liable for an automated traffic safety system violation involving such motor vehicle during the period of the lease, unless, 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.

Upon the provision of information by the lessor under this Section, the Authority 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, and the lessee may be held liable for the violation.

This Section shall not apply to vehicles that are stopped or standing in a restricted area if:

(1) a person is yielding to an emergency vehicle;

(2) the vehicle malfunctions;

(3) a person was directed to stop the person's vehicle by a law enforcement officer;

(4) the vehicle was stolen prior to violation and not controlled by the registered owner of the vehicle; or

(5) the driver of the vehicle received a Uniform Traffic Citation from a police officer at the time of the violation for the same offense.

Section 15. Installation of automated traffic safety systems; enforcement. The Authority shall install and maintain automated traffic safety systems along traffic routes within a one-half mile radius of: (1) the eastern entrance to O'Hare International Airport; and (2) the intersection of Interstate 90 and Interstate 294.

A traffic route that is equipped with an automated traffic safety system must be posted with signs visible to approaching traffic indicating that the route is being monitored by an automated traffic safety system and informing drivers that stopping or standing is prohibited.

Section 20. Recorded image. An automated traffic safety system that produces a recorded image of a motor vehicle's violation of this Act shall be 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.

Recorded images made by an automated traffic safety system are confidential and shall be made available only (i) to the alleged violator and governmental and law enforcement agencies for purposes of adjudicating a violation of this Act, for statistical purposes, or for other governmental purposes; or (ii) in response to a lawful subpoena. However, a recorded image evidencing a violation of this Act may be admissible in a proceeding resulting from the issuance of a citation.

Section 25. Fines; notice. A person who violates this Act shall be subject to a $100 fine for each offense. Proceeds from fines shall be deposited into the State Police Law Enforcement Administration Fund.

For each violation of a provision of this Act recorded by an automatic traffic safety system, the Authority 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 Authority 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 stopping or standing in a restricted area;

(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;

(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.

Section 30. Rules. The Authority shall adopt rules necessary to implement and administer this Act.