SB0965 EngrossedLRB097 04676 HEP 44715 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 6-306.5, 11-208, 11-208.3, 11-208.6, 11-612, and
612-610.5 and by adding Sections 1-105.1 and 11-208.8 as
7follows:
 
8    (625 ILCS 5/1-105.1 new)
9    Sec. 1-105.1. Automated speed enforcement system
10violation. A violation described in Section 11-208.8 of this
11Code.
 
12    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
13    Sec. 6-306.5. Failure to pay fine or penalty for standing,
14parking, compliance, automated speed enforcement system, or
15automated traffic law violations; suspension of driving
16privileges.
17    (a) Upon receipt of a certified report, as prescribed by
18subsection (c) of this Section, from any municipality or county
19stating that the owner of a registered vehicle: (1) has failed
20to pay any fine or penalty due and owing as a result of 10 or
21more violations of a municipality's or county's vehicular
22standing, parking, or compliance regulations established by

 

 

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1ordinance pursuant to Section 11-208.3 of this Code, (2) has
2failed to pay any fine or penalty due and owing as a result of 5
3offenses for automated speed enforcement system violations or
4automated traffic violations as defined in Sections Section
511-208.6, 11-208.8, or 11-1201.1, or combination thereof, or
6(3) is more than 14 days in default of a payment plan pursuant
7to which a suspension had been terminated under subsection (c)
8of this Section, the Secretary of State shall suspend the
9driving privileges of such person in accordance with the
10procedures set forth in this Section. The Secretary shall also
11suspend the driving privileges of an owner of a registered
12vehicle upon receipt of a certified report, as prescribed by
13subsection (f) of this Section, from any municipality or county
14stating that such person has failed to satisfy any fines or
15penalties imposed by final judgments for 5 or more automated
16speed enforcement system or automated traffic law violations,
17or combination thereof, or 10 or more violations of local
18standing, parking, or compliance regulations after exhaustion
19of judicial review procedures.
20    (b) Following receipt of the certified report of the
21municipality or county as specified in this Section, the
22Secretary of State shall notify the person whose name appears
23on the certified report that the person's drivers license will
24be suspended at the end of a specified period of time unless
25the Secretary of State is presented with a notice from the
26municipality or county certifying that the fine or penalty due

 

 

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1and owing the municipality or county has been paid or that
2inclusion of that person's name on the certified report was in
3error. The Secretary's notice shall state in substance the
4information contained in the municipality's or county's
5certified report to the Secretary, and shall be effective as
6specified by subsection (c) of Section 6-211 of this Code.
7    (c) The report of the appropriate municipal or county
8official notifying the Secretary of State of unpaid fines or
9penalties pursuant to this Section shall be certified and shall
10contain the following:
11        (1) The name, last known address as recorded with the
12    Secretary of State, as provided by the lessor of the cited
13    vehicle at the time of lease, or as recorded in a United
14    States Post Office approved database if any notice sent
15    under Section 11-208.3 of this Code is returned as
16    undeliverable, and drivers license number of the person who
17    failed to pay the fine or penalty or who has defaulted in a
18    payment plan and the registration number of any vehicle
19    known to be registered to such person in this State.
20        (2) The name of the municipality or county making the
21    report pursuant to this Section.
22        (3) A statement that the municipality or county sent a
23    notice of impending drivers license suspension as
24    prescribed by ordinance enacted pursuant to Section
25    11-208.3 of this Code or a notice of default in a payment
26    plan, to the person named in the report at the address

 

 

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1    recorded with the Secretary of State or at the last address
2    known to the lessor of the cited vehicle at the time of
3    lease or, if any notice sent under Section 11-208.3 of this
4    Code is returned as undeliverable, at the last known
5    address recorded in a United States Post Office approved
6    database; the date on which such notice was sent; and the
7    address to which such notice was sent. In a municipality or
8    county with a population of 1,000,000 or more, the report
9    shall also include a statement that the alleged violator's
10    State vehicle registration number and vehicle make, if
11    specified on the automated speed enforcement system
12    violation or automated traffic law violation notice, are
13    correct as they appear on the citations.
14        (4) A unique identifying reference number for each
15    request of suspension sent whenever a person has failed to
16    pay the fine or penalty or has defaulted on a payment plan.
17    (d) Any municipality or county making a certified report to
18the Secretary of State pursuant to this Section shall notify
19the Secretary of State, in a form prescribed by the Secretary,
20whenever a person named in the certified report has paid the
21previously reported fine or penalty, whenever a person named in
22the certified report has entered into a payment plan pursuant
23to which the municipality or county has agreed to terminate the
24suspension, or whenever the municipality or county determines
25that the original report was in error. A certified copy of such
26notification shall also be given upon request and at no

 

 

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1additional charge to the person named therein. Upon receipt of
2the municipality's or county's notification or presentation of
3a certified copy of such notification, the Secretary of State
4shall terminate the suspension.
5    (e) Any municipality or county making a certified report to
6the Secretary of State pursuant to this Section shall also by
7ordinance establish procedures for persons to challenge the
8accuracy of the certified report. The ordinance shall also
9state the grounds for such a challenge, which may be limited to
10(1) the person not having been the owner or lessee of the
11vehicle or vehicles receiving 10 or more standing, parking, or
12compliance violation notices or a combination of 5 or more
13automated speed enforcement system or automated traffic law
14violations on the date or dates such notices were issued; and
15(2) the person having already paid the fine or penalty for the
1610 or more standing, parking, or compliance violations or
17combination of 5 or more automated speed enforcement system or
18automated traffic law violations indicated on the certified
19report.
20    (f) Any municipality or county, other than a municipality
21or county establishing vehicular standing, parking, and
22compliance regulations pursuant to Section 11-208.3, automated
23speed enforcement system regulations under Section 11-208.8,
24or automated traffic law regulations under Section 11-208.6 or
2511-1201.1, may also cause a suspension of a person's drivers
26license pursuant to this Section. Such municipality or county

 

 

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1may invoke this sanction by making a certified report to the
2Secretary of State upon a person's failure to satisfy any fine
3or penalty imposed by final judgment for 10 or more violations
4of local standing, parking, or compliance regulations or a
5combination of 5 or more automated speed enforcement system or
6automated traffic law violations after exhaustion of judicial
7review procedures, but only if:
8        (1) the municipality or county complies with the
9    provisions of this Section in all respects except in regard
10    to enacting an ordinance pursuant to Section 11-208.3;
11        (2) the municipality or county has sent a notice of
12    impending drivers license suspension as prescribed by an
13    ordinance enacted pursuant to subsection (g) of this
14    Section; and
15        (3) in municipalities or counties with a population of
16    1,000,000 or more, the municipality or county has verified
17    that the alleged violator's State vehicle registration
18    number and vehicle make are correct as they appear on the
19    citations.
20    (g) Any municipality or county, other than a municipality
21or county establishing standing, parking, and compliance
22regulations pursuant to Section 11-208.3, automated speed
23enforcement system regulations under Section 11-208.8, or
24automated traffic law regulations under Section 11-208.6 or
2511-1201.1, may provide by ordinance for the sending of a notice
26of impending drivers license suspension to the person who has

 

 

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1failed to satisfy any fine or penalty imposed by final judgment
2for 10 or more violations of local standing, parking, or
3compliance regulations or a combination of 5 or more automated
4speed enforcement system or automated traffic law violations
5after exhaustion of judicial review procedures. An ordinance so
6providing shall specify that the notice sent to the person
7liable for any fine or penalty shall state that failure to pay
8the fine or penalty owing within 45 days of the notice's date
9will result in the municipality or county notifying the
10Secretary of State that the person's drivers license is
11eligible for suspension pursuant to this Section. The notice of
12impending drivers license suspension shall be sent by first
13class United States mail, postage prepaid, to the address
14recorded with the Secretary of State or at the last address
15known to the lessor of the cited vehicle at the time of lease
16or, if any notice sent under Section 11-208.3 of this Code is
17returned as undeliverable, to the last known address recorded
18in a United States Post Office approved database.
19    (h) An administrative hearing to contest an impending
20suspension or a suspension made pursuant to this Section may be
21had upon filing a written request with the Secretary of State.
22The filing fee for this hearing shall be $20, to be paid at the
23time the request is made. A municipality or county which files
24a certified report with the Secretary of State pursuant to this
25Section shall reimburse the Secretary for all reasonable costs
26incurred by the Secretary as a result of the filing of the

 

 

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1report, including but not limited to the costs of providing the
2notice required pursuant to subsection (b) and the costs
3incurred by the Secretary in any hearing conducted with respect
4to the report pursuant to this subsection and any appeal from
5such a hearing.
6    (i) The provisions of this Section shall apply on and after
7January 1, 1988.
8    (j) For purposes of this Section, the term "compliance
9violation" is defined as in Section 11-208.3.
10(Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10;
1196-1386, eff. 7-29-10; 97-333, eff. 8-12-11.)
 
12    (625 ILCS 5/11-208)   (from Ch. 95 1/2, par. 11-208)
13    Sec. 11-208. Powers of local authorities.
14    (a) The provisions of this Code shall not be deemed to
15prevent local authorities with respect to streets and highways
16under their jurisdiction and within the reasonable exercise of
17the police power from:
18        1. Regulating the standing or parking of vehicles,
19    except as limited by Sections 11-1306 and 11-1307 of this
20    Act;
21        2. Regulating traffic by means of police officers or
22    traffic control signals;
23        3. Regulating or prohibiting processions or
24    assemblages on the highways;
25        4. Designating particular highways as one-way highways

 

 

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1    and requiring that all vehicles thereon be moved in one
2    specific direction;
3        5. Regulating the speed of vehicles in public parks
4    subject to the limitations set forth in Section 11-604;
5        6. Designating any highway as a through highway, as
6    authorized in Section 11-302, and requiring that all
7    vehicles stop before entering or crossing the same or
8    designating any intersection as a stop intersection or a
9    yield right-of-way intersection and requiring all vehicles
10    to stop or yield the right-of-way at one or more entrances
11    to such intersections;
12        7. Restricting the use of highways as authorized in
13    Chapter 15;
14        8. Regulating the operation of bicycles and requiring
15    the registration and licensing of same, including the
16    requirement of a registration fee;
17        9. Regulating or prohibiting the turning of vehicles or
18    specified types of vehicles at intersections;
19        10. Altering the speed limits as authorized in Section
20    11-604;
21        11. Prohibiting U-turns;
22        12. Prohibiting pedestrian crossings at other than
23    designated and marked crosswalks or at intersections;
24        13. Prohibiting parking during snow removal operation;
25        14. Imposing fines in accordance with Section
26    11-1301.3 as penalties for use of any parking place

 

 

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1    reserved for persons with disabilities, as defined by
2    Section 1-159.1, or disabled veterans by any person using a
3    motor vehicle not bearing registration plates specified in
4    Section 11-1301.1 or a special decal or device as defined
5    in Section 11-1301.2 as evidence that the vehicle is
6    operated by or for a person with disabilities or disabled
7    veteran;
8        15. Adopting such other traffic regulations as are
9    specifically authorized by this Code; or
10        16. Enforcing the provisions of subsection (f) of
11    Section 3-413 of this Code or a similar local ordinance.
12    (b) No ordinance or regulation enacted under subsections 1,
134, 5, 6, 7, 9, 10, 11 or 13 of paragraph (a) shall be effective
14until signs giving reasonable notice of such local traffic
15regulations are posted.
16    (c) The provisions of this Code shall not prevent any
17municipality having a population of 500,000 or more inhabitants
18from prohibiting any person from driving or operating any motor
19vehicle upon the roadways of such municipality with headlamps
20on high beam or bright.
21    (d) The provisions of this Code shall not be deemed to
22prevent local authorities within the reasonable exercise of
23their police power from prohibiting, on private property, the
24unauthorized use of parking spaces reserved for persons with
25disabilities.
26    (e) No unit of local government, including a home rule

 

 

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1unit, may enact or enforce an ordinance that applies only to
2motorcycles if the principal purpose for that ordinance is to
3restrict the access of motorcycles to any highway or portion of
4a highway for which federal or State funds have been used for
5the planning, design, construction, or maintenance of that
6highway. No unit of local government, including a home rule
7unit, may enact an ordinance requiring motorcycle users to wear
8protective headgear. Nothing in this subsection (e) shall
9affect the authority of a unit of local government to regulate
10motorcycles for traffic control purposes or in accordance with
11Section 12-602 of this Code. No unit of local government,
12including a home rule unit, may regulate motorcycles in a
13manner inconsistent with this Code. This subsection (e) is a
14limitation under subsection (i) of Section 6 of Article VII of
15the Illinois Constitution on the concurrent exercise by home
16rule units of powers and functions exercised by the State.
17    (f) A municipality or county designated in Section 11-208.6
18may enact an ordinance providing for an automated traffic law
19enforcement system to enforce violations of this Code or a
20similar provision of a local ordinance and imposing liability
21on a registered owner or lessee of a vehicle used in such a
22violation.
23    (g) A municipality or county, as provided in Section
2411-1201.1, may enact an ordinance providing for an automated
25traffic law enforcement system to enforce violations of Section
2611-1201 of this Code or a similar provision of a local

 

 

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1ordinance and imposing liability on a registered owner of a
2vehicle used in such a violation.
3    (h) A municipality designated in Section 11-208.8 may enact
4an ordinance providing for an automated speed enforcement
5system to enforce violations of Article VI of Chapter 11 of
6this Code or a similar provision of a local ordinance.
7(Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29,
8eff. 1-1-12.)
 
9    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
10    Sec. 11-208.3. Administrative adjudication of violations
11of traffic regulations concerning the standing, parking, or
12condition of vehicles, and automated traffic law violations,
13and automated speed enforcement system violations.
14    (a) Any municipality or county may provide by ordinance for
15a system of administrative adjudication of vehicular standing
16and parking violations and vehicle compliance violations as
17described in this subsection, and automated traffic law
18violations as defined in Section 11-208.6 or 11-1201.1, and
19automated speed enforcement system violations as defined in
20Section 11-208.8. The administrative system shall have as its
21purpose the fair and efficient enforcement of municipal or
22county regulations through the administrative adjudication of
23automated speed enforcement system or automated traffic law
24violations and violations of municipal or county ordinances
25regulating the standing and parking of vehicles, the condition

 

 

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1and use of vehicle equipment, and the display of municipal or
2county wheel tax licenses within the municipality's or county's
3borders. The administrative system shall only have authority to
4adjudicate civil offenses carrying fines not in excess of $500
5or requiring the completion of a traffic education program, or
6both, that occur after the effective date of the ordinance
7adopting such a system under this Section. For purposes of this
8Section, "compliance violation" means a violation of a
9municipal or county regulation governing the condition or use
10of equipment on a vehicle or governing the display of a
11municipal or county wheel tax license.
12    (b) Any ordinance establishing a system of administrative
13adjudication under this Section shall provide for:
14        (1) A traffic compliance administrator authorized to
15    adopt, distribute and process parking, compliance, and
16    automated speed enforcement system or automated traffic
17    law violation notices and other notices required by this
18    Section, collect money paid as fines and penalties for
19    violation of parking and compliance ordinances and
20    automated speed enforcement system or automated traffic
21    law violations, and operate an administrative adjudication
22    system. The traffic compliance administrator also may make
23    a certified report to the Secretary of State under Section
24    6-306.5.
25        (2) A parking, standing, compliance, automated speed
26    enforcement system, or automated traffic law violation

 

 

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1    notice that shall specify the date, time, and place of
2    violation of a parking, standing, compliance, automated
3    speed enforcement system, or automated traffic law
4    regulation; the particular regulation violated; any
5    requirement to complete a traffic education program; the
6    fine and any penalty that may be assessed for late payment
7    or failure to complete a required traffic education
8    program, or both, when so provided by ordinance; the
9    vehicle make and state registration number; and the
10    identification number of the person issuing the notice.
11    With regard to automated speed enforcement system or
12    automated traffic law violations, vehicle make shall be
13    specified on the automated speed enforcement system or
14    automated traffic law violation notice if the make is
15    available and readily discernible. With regard to
16    municipalities or counties with a population of 1 million
17    or more, it shall be grounds for dismissal of a parking
18    violation if the state registration number or vehicle make
19    specified is incorrect. The violation notice shall state
20    that the completion of any required traffic education
21    program, the payment of any indicated fine, and the payment
22    of any applicable penalty for late payment or failure to
23    complete a required traffic education program, or both,
24    shall operate as a final disposition of the violation. The
25    notice also shall contain information as to the
26    availability of a hearing in which the violation may be

 

 

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1    contested on its merits. The violation notice shall specify
2    the time and manner in which a hearing may be had.
3        (3) Service of the parking, standing, or compliance
4    violation notice by affixing the original or a facsimile of
5    the notice to an unlawfully parked vehicle or by handing
6    the notice to the operator of a vehicle if he or she is
7    present and service of an automated speed enforcement
8    system or automated traffic law violation notice by mail to
9    the address of the registered owner or lessee of the cited
10    vehicle as recorded with the Secretary of State or the
11    lessor of the motor vehicle within 30 days after the
12    Secretary of State or the lessor of the motor vehicle
13    notifies the municipality or county of the identity of the
14    owner or lessee of the vehicle, but not later than 90 days
15    after the violation, except that in the case of a lessee of
16    a motor vehicle, service of an automated traffic law
17    violation notice may occur no later than 210 days after the
18    violation. A person authorized by ordinance to issue and
19    serve parking, standing, and compliance violation notices
20    shall certify as to the correctness of the facts entered on
21    the violation notice by signing his or her name to the
22    notice at the time of service or in the case of a notice
23    produced by a computerized device, by signing a single
24    certificate to be kept by the traffic compliance
25    administrator attesting to the correctness of all notices
26    produced by the device while it was under his or her

 

 

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1    control. In the case of an automated traffic law violation,
2    the ordinance shall require a determination by a technician
3    employed or contracted by the municipality or county that,
4    based on inspection of recorded images, the motor vehicle
5    was being operated in violation of Section 11-208.6 or
6    11-1201.1 or a local ordinance. If the technician
7    determines that the vehicle entered the intersection as
8    part of a funeral procession or in order to yield the
9    right-of-way to an emergency vehicle, a citation shall not
10    be issued. In municipalities with a population of less than
11    1,000,000 inhabitants and counties with a population of
12    less than 3,000,000 inhabitants, the automated traffic law
13    ordinance shall require that all determinations by a
14    technician that a motor vehicle was being operated in
15    violation of Section 11-208.6 or 11-1201.1 or a local
16    ordinance must be reviewed and approved by a law
17    enforcement officer or retired law enforcement officer of
18    the municipality or county issuing the violation. In
19    municipalities with a population of 1,000,000 or more
20    inhabitants and counties with a population of 3,000,000 or
21    more inhabitants, the automated traffic law ordinance
22    shall require that all determinations by a technician that
23    a motor vehicle was being operated in violation of Section
24    11-208.6 or 11-1201.1 or a local ordinance must be reviewed
25    and approved by a law enforcement officer or retired law
26    enforcement officer of the municipality or county issuing

 

 

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1    the violation or by an additional fully-trained reviewing
2    technician who is not employed by the contractor who
3    employs the technician who made the initial determination.
4    In the case of an automated speed enforcement system
5    violation, the ordinance shall require a determination by a
6    technician employed by the municipality, based upon an
7    inspection of recorded images, video or other
8    documentation, including documentation of the speed limit
9    and automated speed enforcement signage, and documentation
10    of the inspection, calibration, and certification of the
11    speed equipment, that the vehicle was being operated in
12    violation of Article VI of Chapter 11 of this Code or a
13    similar local ordinance. If the technician determines that
14    the vehicle speed was not determined by a calibrated,
15    certified speed equipment device based upon the speed
16    equipment documentation, or if the vehicle was an emergency
17    vehicle, a citation may not be issued. The automated speed
18    enforcement ordinance shall require that all
19    determinations by a technician that a violation occurred be
20    reviewed and approved by a law enforcement officer or
21    retired law enforcement officer of the municipality
22    issuing the violation or by an additional fully trained
23    reviewing technician who is not employed by the contractor
24    who employs the technician who made the initial
25    determination. Routine and independent calibration of the
26    speeds produced by automated speed enforcement systems and

 

 

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1    equipment shall be conducted by a qualified technician.
2    Speeds produced by an automated speed enforcement system
3    shall be compared with speeds produced by lidar or other
4    independent equipment. Qualified technicians shall test
5    radar or lidar equipment no less frequently than once each
6    week, and shall test loop based equipment no less
7    frequently than once a year. Radar equipment shall be
8    checked for accuracy by a qualified technician when the
9    unit is serviced, when unusual or suspect readings persist,
10    or when deemed necessary by a reviewing technician. Radar
11    equipment shall be checked with certified tuning forks, the
12    internal circuit test, and diode display test whenever the
13    radar is turned on. Technicians must be alert for any
14    unusual or suspect readings, and if unusual or suspect
15    readings of a radar unit persist, that unit shall
16    immediately be removed from service and not returned to
17    service until it has been checked by a qualified technician
18    and determined to be functioning properly. Documentation
19    of the calibration results, including the equipment
20    tested, test date, technician performing the test, and test
21    results, shall be maintained and available for use in the
22    determination of an automated speed enforcement system
23    violation and issuance of a citation. The technician
24    performing the calibration and testing of the automated
25    speed enforcement equipment shall be trained and certified
26    in the use of equipment for speed enforcement purposes.

 

 

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1    Training on the speed enforcement equipment may be
2    conducted by law enforcement, civilian, or manufacturer's
3    personnel and shall be equivalent to the equipment use and
4    operations training included in the Speed Measuring Device
5    Operator Program developed by the National Highway Traffic
6    Safety Administration (NHTSA). The technician who performs
7    the work shall keep accurate records on each piece of
8    equipment the technician calibrates and tests. As used in
9    this paragraph, "fully-trained reviewing technician" means
10    a person who has received at least 40 hours of supervised
11    training in subjects which shall include image inspection
12    and interpretation, the elements necessary to prove a
13    violation, license plate identification, and traffic
14    safety and management. In all municipalities and counties,
15    the automated speed enforcement system or automated
16    traffic law ordinance shall require that no additional fee
17    shall be charged to the alleged violator for exercising his
18    or her right to an administrative hearing, and persons
19    shall be given at least 25 days following an administrative
20    hearing to pay any civil penalty imposed by a finding that
21    Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local
22    ordinance has been violated. The original or a facsimile of
23    the violation notice or, in the case of a notice produced
24    by a computerized device, a printed record generated by the
25    device showing the facts entered on the notice, shall be
26    retained by the traffic compliance administrator, and

 

 

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1    shall be a record kept in the ordinary course of business.
2    A parking, standing, compliance, automated speed
3    enforcement system, or automated traffic law violation
4    notice issued, signed and served in accordance with this
5    Section, a copy of the notice, or the computer generated
6    record shall be prima facie correct and shall be prima
7    facie evidence of the correctness of the facts shown on the
8    notice. The notice, copy, or computer generated record
9    shall be admissible in any subsequent administrative or
10    legal proceedings.
11        (4) An opportunity for a hearing for the registered
12    owner of the vehicle cited in the parking, standing,
13    compliance, automated speed enforcement system, or
14    automated traffic law violation notice in which the owner
15    may contest the merits of the alleged violation, and during
16    which formal or technical rules of evidence shall not
17    apply; provided, however, that under Section 11-1306 of
18    this Code the lessee of a vehicle cited in the violation
19    notice likewise shall be provided an opportunity for a
20    hearing of the same kind afforded the registered owner. The
21    hearings shall be recorded, and the person conducting the
22    hearing on behalf of the traffic compliance administrator
23    shall be empowered to administer oaths and to secure by
24    subpoena both the attendance and testimony of witnesses and
25    the production of relevant books and papers. Persons
26    appearing at a hearing under this Section may be

 

 

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1    represented by counsel at their expense. The ordinance may
2    also provide for internal administrative review following
3    the decision of the hearing officer.
4        (5) Service of additional notices, sent by first class
5    United States mail, postage prepaid, to the address of the
6    registered owner of the cited vehicle as recorded with the
7    Secretary of State or, if any notice to that address is
8    returned as undeliverable, to the last known address
9    recorded in a United States Post Office approved database,
10    or, under Section 11-1306 or subsection (p) of Section
11    11-208.6, or subsection (p) of Section 11-208.8 of this
12    Code, to the lessee of the cited vehicle at the last
13    address known to the lessor of the cited vehicle at the
14    time of lease or, if any notice to that address is returned
15    as undeliverable, to the last known address recorded in a
16    United States Post Office approved database. The service
17    shall be deemed complete as of the date of deposit in the
18    United States mail. The notices shall be in the following
19    sequence and shall include but not be limited to the
20    information specified herein:
21            (i) A second notice of parking, standing, or
22        compliance violation. This notice shall specify the
23        date and location of the violation cited in the
24        parking, standing, or compliance violation notice, the
25        particular regulation violated, the vehicle make and
26        state registration number, any requirement to complete

 

 

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

 

 

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1        traffic law violation liability and the conclusion of
2        judicial review procedures taken under this Section.
3        The notice shall state that the incomplete traffic
4        education program or the unpaid fine or penalty, or
5        both, is a debt due and owing the municipality or
6        county. The notice shall contain warnings that failure
7        to complete any required traffic education program or
8        to pay any fine or penalty due and owing the
9        municipality or county, or both, within the time
10        specified may result in the municipality's or county's
11        filing of a petition in the Circuit Court to have the
12        incomplete traffic education program or unpaid fine or
13        penalty, or both, rendered a judgment as provided by
14        this Section, or may result in suspension of the
15        person's drivers license for failure to complete a
16        traffic education program or to pay fines or penalties,
17        or both, for 10 or more parking violations under
18        Section 6-306.5, or a combination of 5 or more
19        automated traffic law violations under Section
20        11-208.6 or automated speed enforcement system
21        violations under Section 11-208.8.
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 combination of 5 or more

 

 

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

 

 

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

 

 

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

 

 

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1immobilization for the purpose of facilitating enforcement of
2those regulations. The program of vehicle immobilization shall
3provide for immobilizing any eligible vehicle upon the public
4way by presence of a restraint in a manner to prevent operation
5of the vehicle. Any ordinance establishing a program of vehicle
6immobilization under this Section shall provide:
7        (1) Criteria for the designation of vehicles eligible
8    for immobilization. A vehicle shall be eligible for
9    immobilization when the registered owner of the vehicle has
10    accumulated the number of incomplete traffic education
11    programs or unpaid final determinations of parking,
12    standing, compliance, automated speed enforcement system,
13    or automated traffic law violation liability, or both, as
14    determined by ordinance.
15        (2) A notice of impending vehicle immobilization and a
16    right to a hearing to challenge the validity of the notice
17    by disproving liability for the incomplete traffic
18    education programs or unpaid final determinations of
19    parking, standing, compliance, automated speed enforcement
20    system, or automated traffic law violation liability, or
21    both, listed on the notice.
22        (3) The right to a prompt hearing after a vehicle has
23    been immobilized or subsequently towed without the
24    completion of the required traffic education program or
25    payment of the outstanding fines and penalties on parking,
26    standing, compliance, automated speed enforcement system,

 

 

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1    or automated traffic law violations, or both, for which
2    final determinations have been issued. An order issued
3    after the hearing is a final administrative decision within
4    the meaning of Section 3-101 of the Code of Civil
5    Procedure.
6        (4) A post immobilization and post-towing notice
7    advising the registered owner of the vehicle of the right
8    to a hearing to challenge the validity of the impoundment.
9    (d) Judicial review of final determinations of parking,
10standing, compliance, automated speed enforcement system, or
11automated traffic law violations and final administrative
12decisions issued after hearings regarding vehicle
13immobilization and impoundment made under this Section shall be
14subject to the provisions of the Administrative Review Law.
15    (e) Any fine, penalty, incomplete traffic education
16program, or part of any fine or any penalty remaining unpaid
17after the exhaustion of, or the failure to exhaust,
18administrative remedies created under this Section and the
19conclusion of any judicial review procedures shall be a debt
20due and owing the municipality or county and, as such, may be
21collected in accordance with applicable law. Completion of any
22required traffic education program and payment in full of any
23fine or penalty resulting from a standing, parking, compliance,
24automated speed enforcement system, or automated traffic law
25violation shall constitute a final disposition of that
26violation.

 

 

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1    (f) After the expiration of the period within which
2judicial review may be sought for a final determination of
3parking, standing, compliance, automated speed enforcement
4system, or automated traffic law violation, the municipality or
5county may commence a proceeding in the Circuit Court for
6purposes of obtaining a judgment on the final determination of
7violation. Nothing in this Section shall prevent a municipality
8or county from consolidating multiple final determinations of
9parking, standing, compliance, automated speed enforcement
10system, or automated traffic law violations against a person in
11a proceeding. Upon commencement of the action, the municipality
12or county shall file a certified copy or record of the final
13determination of parking, standing, compliance, automated
14speed enforcement system, or automated traffic law violation,
15which shall be accompanied by a certification that recites
16facts sufficient to show that the final determination of
17violation was issued in accordance with this Section and the
18applicable municipal or county ordinance. Service of the
19summons and a copy of the petition may be by any method
20provided by Section 2-203 of the Code of Civil Procedure or by
21certified mail, return receipt requested, provided that the
22total amount of fines and penalties for final determinations of
23parking, standing, compliance, automated speed enforcement
24system, or automated traffic law violations does not exceed
25$2500. If the court is satisfied that the final determination
26of parking, standing, compliance, automated speed enforcement

 

 

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1system, or automated traffic law violation was entered in
2accordance with the requirements of this Section and the
3applicable municipal or county ordinance, and that the
4registered owner or the lessee, as the case may be, had an
5opportunity for an administrative hearing and for judicial
6review as provided in this Section, the court shall render
7judgment in favor of the municipality or county and against the
8registered owner or the lessee for the amount indicated in the
9final determination of parking, standing, compliance,
10automated speed enforcement system, or automated traffic law
11violation, plus costs. The judgment shall have the same effect
12and may be enforced in the same manner as other judgments for
13the recovery of money.
14    (g) The fee for participating in a traffic education
15program under this Section shall not exceed $25.
16    A low-income individual required to complete a traffic
17education program under this Section who provides proof of
18eligibility for the federal earned income tax credit under
19Section 32 of the Internal Revenue Code or the Illinois earned
20income tax credit under Section 212 of the Illinois Income Tax
21Act shall not be required to pay any fee for participating in a
22required traffic education program.
23(Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10;
2496-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff.
257-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11.)
 

 

 

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1    (625 ILCS 5/11-208.6)
2    Sec. 11-208.6. Automated traffic law enforcement system.
3    (a) As used in this Section, "automated traffic law
4enforcement system" means a device with one or more motor
5vehicle sensors working in conjunction with a red light signal
6to produce recorded images of motor vehicles entering an
7intersection against a red signal indication in violation of
8Section 11-306 of this Code or a similar provision of a local
9ordinance.
10    An automated traffic law enforcement system is a system, in
11a municipality or county operated by a governmental agency,
12that produces a recorded image of a motor vehicle's violation
13of a provision of this Code or a local ordinance and is
14designed to obtain a clear recorded image of the vehicle and
15the vehicle's license plate. The recorded image must also
16display the time, date, and location of the violation.
17    (b) As used in this Section, "recorded images" means images
18recorded by an automated traffic law enforcement system on:
19        (1) 2 or more photographs;
20        (2) 2 or more microphotographs;
21        (3) 2 or more electronic images; or
22        (4) a video recording showing the motor vehicle and, on
23    at least one image or portion of the recording, clearly
24    identifying the registration plate number of the motor
25    vehicle.
26    (b-5) A municipality or county that produces a recorded

 

 

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1image of a motor vehicle's violation of a provision of this
2Code or a local ordinance must make the recorded images of a
3violation accessible to the alleged violator by providing the
4alleged violator with a website address, accessible through the
5Internet.
6    (c) Except as provided under Section 11-208.8 of this Code,
7a A county or municipality, including a home rule county or
8municipality, may not use an automated traffic law enforcement
9system to provide recorded images of a motor vehicle for the
10purpose of recording its speed. Except as provided under
11Section 11-208.8 of this Code, the The regulation of the use of
12automated traffic law enforcement systems to record vehicle
13speeds is an exclusive power and function of the State. This
14subsection (c) is a denial and limitation of home rule powers
15and functions under subsection (h) of Section 6 of Article VII
16of the Illinois Constitution.
17    (c-5) A county or municipality, including a home rule
18county or municipality, may not use an automated traffic law
19enforcement system to issue violations in instances where the
20motor vehicle comes to a complete stop and does not enter the
21intersection, as defined by Section 1-132 of this Code, during
22the cycle of the red signal indication unless one or more
23pedestrians or bicyclists are present, even if the motor
24vehicle stops at a point past a stop line or crosswalk where a
25driver is required to stop, as specified in subsection (c) of
26Section 11-306 of this Code or a similar provision of a local

 

 

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1ordinance.
2    (d) For each violation of a provision of this Code or a
3local ordinance recorded by an automatic traffic law
4enforcement system, the county or municipality having
5jurisdiction shall issue a written notice of the violation to
6the registered owner of the vehicle as the alleged violator.
7The notice shall be delivered to the registered owner of the
8vehicle, by mail, within 30 days after the Secretary of State
9notifies the municipality or county of the identity of the
10owner of the vehicle, but in no event later than 90 days after
11the violation.
12    The notice shall include:
13        (1) the name and address of the registered owner of the
14    vehicle;
15        (2) the registration number of the motor vehicle
16    involved in the violation;
17        (3) the violation charged;
18        (4) the location where the violation occurred;
19        (5) the date and time of the violation;
20        (6) a copy of the recorded images;
21        (7) the amount of the civil penalty imposed and the
22    requirements of any traffic education program imposed and
23    the date by which the civil penalty should be paid and the
24    traffic education program should be completed;
25        (8) a statement that recorded images are evidence of a
26    violation of a red light signal;

 

 

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1        (9) a warning that failure to pay the civil penalty, to
2    complete a required traffic education program, or to
3    contest liability in a timely manner is an admission of
4    liability and may result in a suspension of the driving
5    privileges of the registered owner of the vehicle;
6        (10) a statement that the person may elect to proceed
7    by:
8            (A) paying the fine, completing a required traffic
9        education program, or both; or
10            (B) challenging the charge in court, by mail, or by
11        administrative hearing; and
12        (11) a website address, accessible through the
13    Internet, where the person may view the recorded images of
14    the violation.
15    (e) If a person charged with a traffic violation, as a
16result of an automated traffic law enforcement system, does not
17pay the fine or complete a required traffic education program,
18or both, or successfully contest the civil penalty resulting
19from that violation, the Secretary of State shall suspend the
20driving privileges of the registered owner of the vehicle under
21Section 6-306.5 of this Code for failing to complete a required
22traffic education program or to pay any fine or penalty due and
23owing, or both, as a result of a combination of 5 violations of
24the automated traffic law enforcement system or the automated
25speed enforcement system under Section 11-208.8 of this Code.
26    (f) Based on inspection of recorded images produced by an

 

 

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1automated traffic law enforcement system, a notice alleging
2that the violation occurred shall be evidence of the facts
3contained in the notice and admissible in any proceeding
4alleging a violation under this Section.
5    (g) Recorded images made by an automatic traffic law
6enforcement system are confidential and shall be made available
7only to the alleged violator and governmental and law
8enforcement agencies for purposes of adjudicating a violation
9of this Section, for statistical purposes, or for other
10governmental purposes. Any recorded image evidencing a
11violation of this Section, however, may be admissible in any
12proceeding resulting from the issuance of the citation.
13    (h) The court or hearing officer may consider in defense of
14a violation:
15        (1) that the motor vehicle or registration plates of
16    the motor vehicle were stolen before the violation occurred
17    and not under the control of or in the possession of the
18    owner at the time of the violation;
19        (2) that the driver of the vehicle passed through the
20    intersection when the light was red either (i) in order to
21    yield the right-of-way to an emergency vehicle or (ii) as
22    part of a funeral procession; and
23        (3) any other evidence or issues provided by municipal
24    or county ordinance.
25    (i) To demonstrate that the motor vehicle or the
26registration plates were stolen before the violation occurred

 

 

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

 

 

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1custody and control of the vehicle, including the person's name
2and current address. The person in custody and control of the
3vehicle at the time of the violation is required to complete
4the required traffic education program. If the person in
5custody and control of the vehicle at the time of the violation
6completes the required traffic education program, the
7registered owner of the vehicle is not required to complete a
8traffic education program.
9    (k) An intersection equipped with an automated traffic law
10enforcement system must be posted with a sign visible to
11approaching traffic indicating that the intersection is being
12monitored by an automated traffic law enforcement system.
13    (k-3) A municipality or county that has one or more
14intersections equipped with an automated traffic law
15enforcement system must provide notice to drivers by posting
16the locations of automated traffic law systems on the
17municipality or county website.
18    (k-5) An intersection equipped with an automated traffic
19law enforcement system must have a yellow change interval that
20conforms with the Illinois Manual on Uniform Traffic Control
21Devices (IMUTCD) published by the Illinois Department of
22Transportation.
23    (k-7) A municipality or county operating an automated
24traffic law enforcement system shall conduct a statistical
25analysis to assess the safety impact of each automated traffic
26law enforcement system at an intersection following

 

 

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

 

 

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

 

 

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1subsequently individually requested by the appropriate
2authority if needed for enforcement of this Section.
3    Upon the provision of information by the lessor pursuant to
4this subsection, the county or municipality may issue the
5violation to the lessee of the vehicle in the same manner as it
6would issue a violation to a registered owner of a vehicle
7pursuant to this Section, and the lessee may be held liable for
8the violation.
9(Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11;
1097-29, eff. 1-1-12.)
 
11    (625 ILCS 5/11-208.8 new)
12    Sec. 11-208.8. Automated speed enforcement systems in
13safety zones.
14    (a) As used in this Section:
15    "Automated speed enforcement system" means a photographic
16device, radar device, laser device, or other electrical or
17mechanical device or devices installed or utilized in a safety
18zone and designed to record the speed of a vehicle and obtain a
19clear photograph or other recorded image of the vehicle and the
20vehicle's registration plate while the driver is violating
21Article VI of Chapter 11 of this Code or a similar provision of
22a local ordinance.
23    An automated speed enforcement system is a system, located
24in a safety zone which is under the jurisdiction of a
25municipality, that produces a recorded image of a motor

 

 

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1vehicle's violation of a provision of this Code or a local
2ordinance and is designed to obtain a clear recorded image of
3the vehicle and the vehicle's license plate. The recorded image
4must also display the time, date, and location of the
5violation.
6    "Owner" means the person or entity to whom the vehicle is
7registered.
8    "Recorded image" means images recorded by an automated
9speed enforcement system on:
10        (1) 2 or more photographs;
11        (2) 2 or more microphotographs;
12        (3) 2 or more electronic images; or
13        (4) a video recording showing the motor vehicle and, on
14    at least one image or portion of the recording, clearly
15    identifying the registration plate number of the motor
16    vehicle.
17    "Safety zone" means an area that is within one-eighth of a
18mile from the nearest property line of any public or private
19elementary or secondary school, or from the nearest property
20line of any facility, area, or land owned by a school district
21that is used for educational purposes approved by the Illinois
22State Board of Education, not including school district
23headquarters or administrative buildings. A safety zone also
24includes an area that is within one-eighth of a mile from the
25nearest property line of any facility, area, or land owned by a
26park district used for recreational purposes. However, if any

 

 

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1portion of a roadway is within either one-eighth mile radius,
2the safety zone also shall include the roadway extended to the
3furthest portion of the next furthest intersection. The term
4"safety zone" does not include any portion of the roadway known
5as Lake Shore Drive or any controlled access highway with 8 or
6more lanes of traffic.
7    (a-5) The automated speed enforcement system shall be
8operational and violations shall be recorded only at the
9following times:
10        (i) if the safety zone is based upon the property line
11    of any facility, area, or land owned by a school district,
12    on school days no earlier than 6 a.m. and no later than 10
13    p.m.; and
14        (ii) if the safety zone is based upon the property line
15    of any facility, area, or land owned by a park district, no
16    earlier than one hour prior to the time that the facility,
17    area, or land is open to the public or other patrons, and
18    no later than one hour after the facility, area, or land is
19    closed to the public or other patrons.
20    (b) A municipality that produces a recorded image of a
21motor vehicle's violation of a provision of this Code or a
22local ordinance must make the recorded images of a violation
23accessible to the alleged violator by providing the alleged
24violator with a website address, accessible through the
25Internet.
26    (c) Notwithstanding any penalties for any other violations

 

 

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1of this Code, the owner of a motor vehicle used in a traffic
2violation recorded by an automated speed enforcement system
3shall be subject to a civil penalty not exceeding $100 for each
4violation, plus an additional penalty of not more than $100 for
5failure to pay the original penalty in a timely manner, unless
6the driver of the motor vehicle received a Uniform Traffic
7Citation from a police officer for a speeding violation
8occurring within one-eighth of a mile and 15 minutes of the
9violation that was recorded by the system. A violation for
10which a civil penalty is imposed under this Section is not a
11violation of a traffic regulation governing the movement of
12vehicles and may not be recorded on the driving record of the
13owner of the vehicle. A law enforcement officer is not required
14to be present or to witness the violation. No penalty may be
15imposed under this Section if the recorded speed of a vehicle
16is 5 miles per hour or less over the legal speed limit. The
17municipality may send, in the same manner that notices are sent
18under this Section, a speed violation warning notice where the
19violation involves a speed of 5 miles per hour or less above
20the legal speed limit.
21    (d) The net proceeds that a municipality receives from
22civil penalties imposed under an automated speed enforcement
23system, after deducting all non-personnel and personnel costs
24associated with the operation and maintenance of such system,
25shall be expended or obligated by the municipality for the
26following purposes:

 

 

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1        (i) public safety initiatives to ensure safe passage
2    around schools, and to provide police protection and
3    surveillance around schools and parks, including but not
4    limited to: (1) personnel costs; and (2) non-personnel
5    costs such as construction and maintenance of public safety
6    infrastructure and equipment;
7        (ii) initiatives to improve pedestrian and traffic
8    safety; and
9        (iii) construction and maintenance of infrastructure
10    within the municipality, including but not limited to roads
11    and bridges.
12    (e) For each violation of a provision of this Code or a
13local ordinance recorded by an automated speed enforcement
14system, the municipality having jurisdiction shall issue a
15written notice of the violation to the registered owner of the
16vehicle as the alleged violator. The notice shall be delivered
17to the registered owner of the vehicle, by mail, within 30 days
18after the Secretary of State notifies the municipality of the
19identity of the owner of the vehicle, but in no event later
20than 90 days after the violation.
21    (f) The notice required under subsection (e) of this
22Section 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 date, time, and location where the violation
3    occurred;
4        (5) a copy of the recorded image or images;
5        (6) the amount of the civil penalty imposed and the
6    date by which the civil penalty should be paid;
7        (7) a statement that recorded images are evidence of a
8    violation of a speed restriction;
9        (8) a warning that failure to pay the civil penalty or
10    to contest liability in a timely manner is an admission of
11    liability and may result in a suspension of the driving
12    privileges of the registered owner of the vehicle;
13        (9) a statement that the person may elect to proceed
14    by:
15            (A) paying the fine; or
16            (B) challenging the charge in court, by mail, or by
17        administrative hearing; and
18        (10) a website address, accessible through the
19    Internet, where the person may view the recorded images of
20    the violation.
21    (g) If a person charged with a traffic violation, as a
22result of an automated speed enforcement system, does not pay
23the fine or successfully contest the civil penalty resulting
24from that violation, the Secretary of State shall suspend the
25driving privileges of the registered owner of the vehicle under
26Section 6-306.5 of this Code for failing to pay any fine or

 

 

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1penalty due and owing, or both, as a result of a combination of
25 violations of the automated speed enforcement system or the
3automated traffic law under Section 11-208.6 of this Code.
4    (h) Based on inspection of recorded images produced by an
5automated speed enforcement system, a notice alleging that the
6violation occurred shall be evidence of the facts contained in
7the notice and admissible in any proceeding alleging a
8violation under this Section.
9    (i) Recorded images made by an automated speed enforcement
10system are confidential and shall be made available only to the
11alleged violator and governmental and law enforcement agencies
12for purposes of adjudicating a violation of this Section, for
13statistical purposes, or for other governmental purposes. Any
14recorded image evidencing a violation of this Section, however,
15may be admissible in any proceeding resulting from the issuance
16of the citation.
17    (j) The court or hearing officer may consider in defense of
18a violation:
19        (1) that the motor vehicle or registration plates of
20    the motor vehicle were stolen before the violation occurred
21    and not under the control or in the possession of the owner
22    at the time of the violation;
23        (2) that the driver of the motor vehicle received a
24    Uniform Traffic Citation from a police officer for a
25    speeding violation occurring within one-eighth of a mile
26    and 15 minutes of the violation that was recorded by the

 

 

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1    system; and
2        (3) any other evidence or issues provided by municipal
3    ordinance.
4    (k) To demonstrate that the motor vehicle or the
5registration plates were stolen before the violation occurred
6and were not under the control or possession of the owner at
7the time of the violation, the owner must submit proof that a
8report concerning the stolen motor vehicle or registration
9plates was filed with a law enforcement agency in a timely
10manner.
11    (l) A roadway equipped with an automated speed enforcement
12system shall be posted with a sign conforming to the national
13Manual on Uniform Traffic Control Devices that is visible to
14approaching traffic stating that vehicle speeds are being
15photo-enforced and indicating the speed limit. The
16municipality shall install such additional signage as it
17determines is necessary to give reasonable notice to drivers as
18to where automated speed enforcement systems are installed.
19    (m) A roadway where a new automated speed enforcement
20system is installed shall be posted with signs providing 30
21days notice of the use of a new automated speed enforcement
22system prior to the issuance of any citations through the
23automated speed enforcement system.
24    (n) The compensation paid for an automated speed
25enforcement system must be based on the value of the equipment
26or the services provided and may not be based on the number of

 

 

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1traffic citations issued or the revenue generated by the
2system.
3    (o) A municipality shall make a certified report to the
4Secretary of State pursuant to Section 6-306.5 of this Code
5whenever a registered owner of a vehicle has failed to pay any
6fine or penalty due and owing as a result of a combination of 5
7offenses for automated speed or traffic law enforcement system
8violations.
9    (p) No person who is the lessor of a motor vehicle pursuant
10to a written lease agreement shall be liable for an automated
11speed or traffic law enforcement system violation involving
12such motor vehicle during the period of the lease; provided
13that upon the request of the appropriate authority received
14within 120 days after the violation occurred, the lessor
15provides within 60 days after such receipt the name and address
16of the lessee. The drivers license number of a lessee may be
17subsequently individually requested by the appropriate
18authority if needed for enforcement of this Section.
19    Upon the provision of information by the lessor pursuant to
20this subsection, the municipality may issue the violation to
21the lessee of the vehicle in the same manner as it would issue
22a violation to a registered owner of a vehicle pursuant to this
23Section, and the lessee may be held liable for the violation.
24    (q) A municipality using an automated speed enforcement
25system must provide notice to drivers by publishing the
26locations of all safety zones where system equipment is

 

 

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1installed on the website of the municipality.
2    (r) A municipality operating an automated speed
3enforcement system shall conduct a statistical analysis to
4assess the safety impact of the system. The statistical
5analysis shall be based upon the best available crash, traffic,
6and other data, and shall cover a period of time before and
7after installation of the system sufficient to provide a
8statistically valid comparison of safety impact. The
9statistical analysis shall be consistent with professional
10judgment and acceptable industry practice. The statistical
11analysis also shall be consistent with the data required for
12valid comparisons of before and after conditions and shall be
13conducted within a reasonable period following the
14installation of the automated traffic law enforcement system.
15The statistical analysis required by this subsection shall be
16made available to the public and shall be published on the
17website of the municipality.
18    (s) This Section applies only to municipalities with a
19population of 1,000,000 or more inhabitants.
 
20    (625 ILCS 5/11-612)
21    Sec. 11-612. Certain systems to record vehicle speeds
22prohibited. Except as authorized in the Automated Traffic
23Control Systems in Highway Construction or Maintenance Zones
24Act and Section 11-208.8 of this Code, no photographic, video,
25or other imaging system may be used in this State to record

 

 

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1vehicle speeds for the purpose of enforcing any law or
2ordinance regarding a maximum or minimum speed limit unless a
3law enforcement officer is present at the scene and witnesses
4the event. No State or local governmental entity, including a
5home rule county or municipality, may use such a system in a
6way that is prohibited by this Section. The regulation of the
7use of such systems is an exclusive power and function of the
8State. This Section is a denial and limitation of home rule
9powers and functions under subsection (h) of Section 6 of
10Article VII of the Illinois Constitution.
11(Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06;
1294-814, eff. 1-1-07.)
 
13    (625 ILCS 5/12-610.5)
14    Sec. 12-610.5. Registration plate covers.
15    (a) In this Section, "registration plate cover" means any
16tinted, colored, painted, marked, clear, or illuminated object
17that is designed to:
18        (1) cover any of the characters of a motor vehicle's
19    registration plate; or
20        (2) distort a recorded image of any of the characters
21    of a motor vehicle's registration plate recorded by an
22    automated traffic law enforcement system as defined in
23    Section 11-208.6 of this Code or an automated speed
24    enforcement system as defined in Section 11-208.8 of this
25    Code, or recorded by an automated traffic control system as

 

 

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1    defined in Section 15 of the Automated Traffic Control
2    Systems in Highway Construction or Maintenance Zones Act.
3    (b) It shall be unlawful to operate any motor vehicle that
4is equipped with registration plate covers.
5    (c) A person may not sell or offer for sale a registration
6plate cover.
7    (d) A person may not advertise for the purpose of promoting
8the sale of registration plate covers.
9    (e) A violation of this Section or a similar provision of a
10local ordinance shall be an offense against laws and ordinances
11regulating the movement of traffic.
12(Source: P.A. 96-328, eff. 8-11-09.)
 
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.
 
15    Section 99. Effective date. This Act takes effect July 1,
162012.