SB0935 Engrossed LRB096 07044 AJT 17130 b

1     AN ACT concerning transportation.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Illinois Vehicle Code is amended by changing
5 Sections 11-208.3 and 11-208.6 as follows:
 
6     (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
7     Sec. 11-208.3. Administrative adjudication of violations
8 of traffic regulations concerning the standing, parking, or
9 condition of vehicles and automated traffic law violations.
10     (a) Any municipality may provide by ordinance for a system
11 of administrative adjudication of vehicular standing and
12 parking violations and vehicle compliance violations as
13 defined in this subsection and automated traffic law violations
14 as defined in Section 11-208.6 or 11-1201.1. The administrative
15 system shall have as its purpose the fair and efficient
16 enforcement of municipal regulations through the
17 administrative adjudication of automated traffic law
18 violations and violations of municipal ordinances regulating
19 the standing and parking of vehicles, the condition and use of
20 vehicle equipment, and the display of municipal wheel tax
21 licenses within the municipality's borders. The administrative
22 system shall only have authority to adjudicate civil offenses
23 carrying fines not in excess of $500 or requiring the

 

 

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1 completion of a traffic education program, or both, that occur
2 after the effective date of the ordinance adopting such a
3 system under this Section. For purposes of this Section,
4 "compliance violation" means a violation of a municipal
5 regulation governing the condition or use of equipment on a
6 vehicle or governing the display of a municipal wheel tax
7 license.
8     (b) Any ordinance establishing a system of administrative
9 adjudication under this Section shall provide for:
10         (1) A traffic compliance administrator authorized to
11     adopt, distribute and process parking, compliance, and
12     automated traffic law violation notices and other notices
13     required by this Section, collect money paid as fines and
14     penalties for violation of parking and compliance
15     ordinances and automated traffic law violations, and
16     operate an administrative adjudication system. The traffic
17     compliance administrator also may make a certified report
18     to the Secretary of State under Section 6-306.5.
19         (2) A parking, standing, compliance, or automated
20     traffic law violation notice that shall specify the date,
21     time, and place of violation of a parking, standing,
22     compliance, or automated traffic law regulation; the
23     particular regulation violated; any requirement to
24     complete a traffic education program; the fine and any
25     penalty that may be assessed for late payment or failure to
26     complete a required traffic education program, or both,

 

 

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1     when so provided by ordinance; the vehicle make and state
2     registration number; and the identification number of the
3     person issuing the notice. With regard to automated traffic
4     law violations, vehicle make shall be specified on the
5     automated traffic law violation notice if the make is
6     available and readily discernible. With regard to
7     municipalities with a population of 1 million or more, it
8     shall be grounds for dismissal of a parking violation if
9     the state registration number or vehicle make specified is
10     incorrect. The violation notice shall state that the
11     completion of any required traffic education program, the
12     payment of any indicated fine, and the payment of any
13     applicable penalty for late payment or failure to complete
14     a required traffic education program, or both, shall
15     operate as a final disposition of the violation. The notice
16     also shall contain information as to the availability of a
17     hearing in which the violation may be contested on its
18     merits. The violation notice shall specify the time and
19     manner in which a hearing may be had.
20         (3) Service of the parking, standing, or compliance
21     violation notice by affixing the original or a facsimile of
22     the notice to an unlawfully parked vehicle or by handing
23     the notice to the operator of a vehicle if he or she is
24     present and service of an automated traffic law violation
25     notice by mail to the address of the registered owner of
26     the cited vehicle as recorded with the Secretary of State

 

 

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1     within 30 days after the Secretary of State notifies the
2     municipality or county of the identity of the owner of the
3     vehicle, but in no event later than 90 days after the
4     violation. A person authorized by ordinance to issue and
5     serve parking, standing, and compliance violation notices
6     shall certify as to the correctness of the facts entered on
7     the violation notice by signing his or her name to the
8     notice at the time of service or in the case of a notice
9     produced by a computerized device, by signing a single
10     certificate to be kept by the traffic compliance
11     administrator attesting to the correctness of all notices
12     produced by the device while it was under his or her
13     control. In the case of an automated traffic law violation,
14     the ordinance shall require a determination by a technician
15     employed or contracted by the municipality or county that,
16     based on inspection of recorded images, the motor vehicle
17     was being operated in violation of Section 11-208.6 or
18     11-1201.1 or a local ordinance. If the technician
19     determines that the vehicle entered the intersection as
20     part of a funeral procession or in order to yield the
21     right-of-way to an emergency vehicle, a citation shall not
22     be issued. In municipalities with a population of less than
23     1,000,000 inhabitants and counties with a population of
24     less than 3,000,000 inhabitants, the automated traffic law
25     ordinance shall require that all determinations by a
26     technician that a motor vehicle was being operated in

 

 

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1     violation of Section 11-208.6 or 11-1201.1 or a local
2     ordinance must be reviewed and approved by a law
3     enforcement officer or retired law enforcement officer of
4     the municipality or county issuing the violation. In
5     municipalities with a population of 1,000,000 or more
6     inhabitants and counties with a population of 3,000,000 or
7     more inhabitants, the automated traffic law ordinance
8     shall require that all determinations by a technician that
9     a motor vehicle was being operated in violation of Section
10     11-208.6 or 11-1201.1 or a local ordinance must be reviewed
11     and approved by a law enforcement officer or retired law
12     enforcement officer of the municipality or county issuing
13     the violation or by an additional fully-trained reviewing
14     technician who is not employed by the contractor who
15     employs the technician who made the initial determination.
16     As used in this paragraph, "fully-trained reviewing
17     technician" means a person who has received at least 40
18     hours of supervised training in subjects which shall
19     include image inspection and interpretation, the elements
20     necessary to prove a violation, license plate
21     identification, and traffic safety and management. In all
22     municipalities and counties, the automated traffic law
23     ordinance shall require that no additional fee shall be
24     charged to the alleged violator for exercising his or her
25     right to an administrative hearing, and persons shall be
26     given at least 25 days following an administrative hearing

 

 

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1     to pay any civil penalty imposed by a finding that Section
2     11-208.6 or 11-1201.1 or a similar local ordinance has been
3     violated. The original or a facsimile of the violation
4     notice or, in the case of a notice produced by a
5     computerized device, a printed record generated by the
6     device showing the facts entered on the notice, shall be
7     retained by the traffic compliance administrator, and
8     shall be a record kept in the ordinary course of business.
9     A parking, standing, compliance, or automated traffic law
10     violation notice issued, signed and served in accordance
11     with this Section, a copy of the notice, or the computer
12     generated record shall be prima facie correct and shall be
13     prima facie evidence of the correctness of the facts shown
14     on the notice. The notice, copy, or computer generated
15     record shall be admissible in any subsequent
16     administrative or legal proceedings.
17         (4) An opportunity for a hearing for the registered
18     owner of the vehicle cited in the parking, standing,
19     compliance, or automated traffic law violation notice in
20     which the owner may contest the merits of the alleged
21     violation, and during which formal or technical rules of
22     evidence shall not apply; provided, however, that under
23     Section 11-1306 of this Code the lessee of a vehicle cited
24     in the violation notice likewise shall be provided an
25     opportunity for a hearing of the same kind afforded the
26     registered owner. The hearings shall be recorded, and the

 

 

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1     person conducting the hearing on behalf of the traffic
2     compliance administrator shall be empowered to administer
3     oaths and to secure by subpoena both the attendance and
4     testimony of witnesses and the production of relevant books
5     and papers. Persons appearing at a hearing under this
6     Section may be represented by counsel at their expense. The
7     ordinance may also provide for internal administrative
8     review following the decision of the hearing officer.
9         (5) Service of additional notices, sent by first class
10     United States mail, postage prepaid, to the address of the
11     registered owner of the cited vehicle as recorded with the
12     Secretary of State or, if any notice to that address is
13     returned as undeliverable, to the last known address
14     recorded in a United States Post Office approved database,
15     or, under Section 11-1306 of this Code, to the lessee of
16     the cited vehicle at the last address known to the lessor
17     of the cited vehicle at the time of lease or, if any notice
18     to that address is returned as undeliverable, to the last
19     known address recorded in a United States Post Office
20     approved database. The service shall be deemed complete as
21     of the date of deposit in the United States mail. The
22     notices shall be in the following sequence and shall
23     include but not be limited to the information specified
24     herein:
25             (i) A second notice of parking, standing, or
26         compliance violation. This notice shall specify the

 

 

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1         date and location of the violation cited in the
2         parking, standing, or compliance violation notice, the
3         particular regulation violated, the vehicle make and
4         state registration number, any requirement to complete
5         a traffic education program, the fine and any penalty
6         that may be assessed for late payment or failure to
7         complete a traffic education program, or both, when so
8         provided by ordinance, the availability of a hearing in
9         which the violation may be contested on its merits, and
10         the time and manner in which the hearing may be had.
11         The notice of violation shall also state that failure
12         to complete a required traffic education program, to
13         pay the indicated fine and any applicable penalty, or
14         to appear at a hearing on the merits in the time and
15         manner specified, will result in a final determination
16         of violation liability for the cited violation in the
17         amount of the fine or penalty indicated, and that, upon
18         the occurrence of a final determination of violation
19         liability for the failure, and the exhaustion of, or
20         failure to exhaust, available administrative or
21         judicial procedures for review, any incomplete traffic
22         education program or any unpaid fine or penalty, or
23         both, will constitute a debt due and owing the
24         municipality.
25             (ii) A notice of final determination of parking,
26         standing, compliance, or automated traffic law

 

 

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1         violation liability. This notice shall be sent
2         following a final determination of parking, standing,
3         compliance, or automated traffic law violation
4         liability and the conclusion of judicial review
5         procedures taken under this Section. The notice shall
6         state that the incomplete traffic education program or
7         the unpaid fine or penalty, or both, is a debt due and
8         owing the municipality. The notice shall contain
9         warnings that failure to complete any required traffic
10         education program or to pay any fine or penalty due and
11         owing the municipality, or both, within the time
12         specified may result in the municipality's filing of a
13         petition in the Circuit Court to have the incomplete
14         traffic education program or unpaid fine or penalty, or
15         both, rendered a judgment as provided by this Section,
16         or may result in suspension of the person's drivers
17         license for failure to complete a traffic education
18         program or to pay fines or penalties, or both, for 10
19         or more parking violations under Section 6-306.5 or 5
20         or more automated traffic law violations under Section
21         11-208.6.
22         (6) A notice of impending drivers license suspension.
23     This notice shall be sent to the person liable for failure
24     to complete a required traffic education program or to pay
25     any fine or penalty that remains due and owing, or both, on
26     10 or more parking violations or 5 or more unpaid automated

 

 

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1     traffic law violations. The notice shall state that failure
2     to complete a required traffic education program or to pay
3     the fine or penalty owing, or both, within 45 days of the
4     notice's date will result in the municipality notifying the
5     Secretary of State that the person is eligible for
6     initiation of suspension proceedings under Section 6-306.5
7     of this Code. The notice shall also state that the person
8     may obtain a photostatic copy of an original ticket
9     imposing a fine or penalty by sending a self addressed,
10     stamped envelope to the municipality along with a request
11     for the photostatic copy. The notice of impending drivers
12     license suspension shall be sent by first class United
13     States mail, postage prepaid, to the address recorded with
14     the Secretary of State or, if any notice to that address is
15     returned as undeliverable, to the last known address
16     recorded in a United States Post Office approved database.
17         (7) Final determinations of violation liability. A
18     final determination of violation liability shall occur
19     following failure to complete the required traffic
20     education program or to pay the fine or penalty, or both,
21     after a hearing officer's determination of violation
22     liability and the exhaustion of or failure to exhaust any
23     administrative review procedures provided by ordinance.
24     Where a person fails to appear at a hearing to contest the
25     alleged violation in the time and manner specified in a
26     prior mailed notice, the hearing officer's determination

 

 

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1     of violation liability shall become final: (A) upon denial
2     of a timely petition to set aside that determination, or
3     (B) upon expiration of the period for filing the petition
4     without a filing having been made.
5         (8) A petition to set aside a determination of parking,
6     standing, compliance, or automated traffic law violation
7     liability that may be filed by a person owing an unpaid
8     fine or penalty. A petition to set aside a determination of
9     liability may also be filed by a person required to
10     complete a traffic education program. The petition shall be
11     filed with and ruled upon by the traffic compliance
12     administrator in the manner and within the time specified
13     by ordinance. The grounds for the petition may be limited
14     to: (A) the person not having been the owner or lessee of
15     the cited vehicle on the date the violation notice was
16     issued, (B) the person having already completed the
17     required traffic education program or paid the fine or
18     penalty, or both, for the violation in question, and (C)
19     excusable failure to appear at or request a new date for a
20     hearing. With regard to municipalities with a population of
21     1 million or more, it shall be grounds for dismissal of a
22     parking violation if the state registration number, or
23     vehicle make if specified, is incorrect. After the
24     determination of parking, standing, compliance, or
25     automated traffic law violation liability has been set
26     aside upon a showing of just cause, the registered owner

 

 

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1     shall be provided with a hearing on the merits for that
2     violation.
3         (9) Procedures for non-residents. Procedures by which
4     persons who are not residents of the municipality may
5     contest the merits of the alleged violation without
6     attending a hearing.
7         (10) A schedule of civil fines for violations of
8     vehicular standing, parking, compliance, or automated
9     traffic law regulations enacted by ordinance pursuant to
10     this Section, and a schedule of penalties for late payment
11     of the fines or failure to complete required traffic
12     education programs, provided, however, that the total
13     amount of the fine and penalty for any one violation shall
14     not exceed $250, except as provided in subsection (c) of
15     Section 11-1301.3 of this Code.
16         (11) Other provisions as are necessary and proper to
17     carry into effect the powers granted and purposes stated in
18     this Section.
19     (c) Any municipality establishing vehicular standing,
20 parking, compliance, or automated traffic law regulations
21 under this Section may also provide by ordinance for a program
22 of vehicle immobilization for the purpose of facilitating
23 enforcement of those regulations. The program of vehicle
24 immobilization shall provide for immobilizing any eligible
25 vehicle upon the public way by presence of a restraint in a
26 manner to prevent operation of the vehicle. Any ordinance

 

 

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1 establishing a program of vehicle immobilization under this
2 Section shall provide:
3         (1) Criteria for the designation of vehicles eligible
4     for immobilization. A vehicle shall be eligible for
5     immobilization when the registered owner of the vehicle has
6     accumulated the number of incomplete traffic education
7     programs or unpaid final determinations of parking,
8     standing, compliance, or automated traffic law violation
9     liability, or both, as determined by ordinance.
10         (2) A notice of impending vehicle immobilization and a
11     right to a hearing to challenge the validity of the notice
12     by disproving liability for the incomplete traffic
13     education programs or unpaid final determinations of
14     parking, standing, compliance, or automated traffic law
15     violation liability, or both, listed on the notice.
16         (3) The right to a prompt hearing after a vehicle has
17     been immobilized or subsequently towed without the
18     completion of the required traffic education program or
19     payment of the outstanding fines and penalties on parking,
20     standing, compliance, or automated traffic law violations,
21     or both, for which final determinations have been issued.
22     An order issued after the hearing is a final administrative
23     decision within the meaning of Section 3-101 of the Code of
24     Civil Procedure.
25         (4) A post immobilization and post-towing notice
26     advising the registered owner of the vehicle of the right

 

 

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1     to a hearing to challenge the validity of the impoundment.
2     (d) Judicial review of final determinations of parking,
3 standing, compliance, or automated traffic law violations and
4 final administrative decisions issued after hearings regarding
5 vehicle immobilization and impoundment made under this Section
6 shall be subject to the provisions of the Administrative Review
7 Law.
8     (e) Any fine, penalty, incomplete traffic education
9 program, or part of any fine or any penalty remaining unpaid
10 after the exhaustion of, or the failure to exhaust,
11 administrative remedies created under this Section and the
12 conclusion of any judicial review procedures shall be a debt
13 due and owing the municipality and, as such, may be collected
14 in accordance with applicable law. Completion of any required
15 traffic education program and payment in full of any fine or
16 penalty resulting from a standing, parking, compliance, or
17 automated traffic law violation shall constitute a final
18 disposition of that violation.
19     (f) After the expiration of the period within which
20 judicial review may be sought for a final determination of
21 parking, standing, compliance, or automated traffic law
22 violation, the municipality may commence a proceeding in the
23 Circuit Court for purposes of obtaining a judgment on the final
24 determination of violation. Nothing in this Section shall
25 prevent a municipality from consolidating multiple final
26 determinations of parking, standing, compliance, or automated

 

 

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1 traffic law violations against a person in a proceeding. Upon
2 commencement of the action, the municipality shall file a
3 certified copy or record of the final determination of parking,
4 standing, compliance, or automated traffic law violation,
5 which shall be accompanied by a certification that recites
6 facts sufficient to show that the final determination of
7 violation was issued in accordance with this Section and the
8 applicable municipal ordinance. Service of the summons and a
9 copy of the petition may be by any method provided by Section
10 2-203 of the Code of Civil Procedure or by certified mail,
11 return receipt requested, provided that the total amount of
12 fines and penalties for final determinations of parking,
13 standing, compliance, or automated traffic law violations does
14 not exceed $2500. If the court is satisfied that the final
15 determination of parking, standing, compliance, or automated
16 traffic law violation was entered in accordance with the
17 requirements of this Section and the applicable municipal
18 ordinance, and that the registered owner or the lessee, as the
19 case may be, had an opportunity for an administrative hearing
20 and for judicial review as provided in this Section, the court
21 shall render judgment in favor of the municipality and against
22 the registered owner or the lessee for the amount indicated in
23 the final determination of parking, standing, compliance, or
24 automated traffic law violation, plus costs. The judgment shall
25 have the same effect and may be enforced in the same manner as
26 other judgments for the recovery of money.

 

 

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1     (g) The fee for participating in a traffic education
2 program under this Section shall not exceed $25.
3     A low-income individual required to complete a traffic
4 education program under this Section who provides proof of
5 eligibility for the federal earned income tax credit under
6 Section 32 of the Internal Revenue Code or the Illinois earned
7 income tax credit under Section 212 of the Illinois Income Tax
8 Act shall not be required to pay any fee for participating in a
9 required traffic education program.
10 (Source: P.A. 95-331, eff. 8-21-07; 96-288, eff. 8-11-09;
11 96-478, eff. 1-1-10; revised 9-4-09.)
 
12     (625 ILCS 5/11-208.6)
13     Sec. 11-208.6. Automated traffic law enforcement system.
14     (a) As used in this Section, "automated traffic law
15 enforcement system" means a device with one or more motor
16 vehicle sensors working in conjunction with a red light signal
17 to produce recorded images of motor vehicles entering an
18 intersection against a red signal indication in violation of
19 Section 11-306 of this Code or a similar provision of a local
20 ordinance.
21     An automated traffic law enforcement system is a system, in
22 a municipality or county operated by a governmental agency,
23 that produces a recorded image of a motor vehicle's violation
24 of a provision of this Code or a local ordinance and is
25 designed to obtain a clear recorded image of the vehicle and

 

 

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

 

 

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1     (c-5) A county or municipality, including a home rule
2 county or municipality, may not use an automated traffic law
3 enforcement system to issue violations in instances where the
4 motor vehicle comes to a complete stop and does not enter the
5 intersection, as defined by Section 1-132 of this Code, during
6 the cycle of the red signal indication unless one or more
7 pedestrians or bicyclists are present, even if the motor
8 vehicle stops at a point past a stop line or crosswalk where a
9 driver is required to stop, as specified in subsection (c) of
10 Section 11-306 of this Code or a similar provision of a local
11 ordinance.
12     (d) For each violation of a provision of this Code or a
13 local ordinance recorded by an automatic traffic law
14 enforcement system, the county or municipality having
15 jurisdiction shall issue a written notice of the violation to
16 the registered owner of the vehicle as the alleged violator.
17 The notice shall be delivered to the registered owner of the
18 vehicle, by mail, within 30 days after the Secretary of State
19 notifies the municipality or county of the identity of the
20 owner of the vehicle, but in no event later than 90 days after
21 the violation.
22     The notice shall include:
23         (1) the name and address of the registered owner of the
24     vehicle;
25         (2) the registration number of the motor vehicle
26     involved in the violation;

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1     (k-5) An intersection equipped with an automated traffic
2 law enforcement system must have a yellow change interval that
3 conforms with the Illinois Manual on Uniform Traffic Control
4 Devices (IMUTCD) published by the Illinois Department of
5 Transportation.
6     (k-7) A municipality or county operating an automated
7 traffic law enforcement system shall conduct a statistical
8 analysis to assess the safety impact of each automated traffic
9 law enforcement system at an intersection following
10 installation of the system. The statistical analysis shall be
11 based upon the best available crash, traffic, and other data,
12 and shall cover a period of time before and after installation
13 of the system sufficient to provide a statistically valid
14 comparison of safety impact. The statistical analysis shall be
15 consistent with professional judgment and acceptable industry
16 practice. The statistical analysis also shall be consistent
17 with the data required for valid comparisons of before and
18 after conditions and shall be conducted within a reasonable
19 period following the installation of the automated traffic law
20 enforcement system. The statistical analysis required by this
21 subsection (k-7) shall be made available to the public and
22 shall be published on the website of the municipality or
23 county. If the statistical analysis for the 36 month period
24 following installation of the system indicates that there has
25 been an increase in the rate of accidents at the approach to
26 the intersection monitored by the system, the municipality or

 

 

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

 

 

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1 (Source: P.A. 96-288, eff. 8-11-09.)