Illinois General Assembly - Full Text of SB2932
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Full Text of SB2932  98th General Assembly




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1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 4-203 and 18a-300 as follows:
6    (625 ILCS 5/4-203)  (from Ch. 95 1/2, par. 4-203)
7    Sec. 4-203. Removal of motor vehicles or other vehicles;
8Towing or hauling away.
9    (a) When a vehicle is abandoned, or left unattended, on a
10toll highway, interstate highway, or expressway for 2 hours or
11more, its removal by a towing service may be authorized by a
12law enforcement agency having jurisdiction.
13    (b) When a vehicle is abandoned on a highway in an urban
14district 10 hours or more, its removal by a towing service may
15be authorized by a law enforcement agency having jurisdiction.
16    (c) When a vehicle is abandoned or left unattended on a
17highway other than a toll highway, interstate highway, or
18expressway, outside of an urban district for 24 hours or more,
19its removal by a towing service may be authorized by a law
20enforcement agency having jurisdiction.
21    (d) When an abandoned, unattended, wrecked, burned or
22partially dismantled vehicle is creating a traffic hazard
23because of its position in relation to the highway or its



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1physical appearance is causing the impeding of traffic, its
2immediate removal from the highway or private property adjacent
3to the highway by a towing service may be authorized by a law
4enforcement agency having jurisdiction.
5    (e) Whenever a peace officer reasonably believes that a
6person under arrest for a violation of Section 11-501 of this
7Code or a similar provision of a local ordinance is likely,
8upon release, to commit a subsequent violation of Section
911-501, or a similar provision of a local ordinance, the
10arresting officer shall have the vehicle which the person was
11operating at the time of the arrest impounded for a period of
12not more than 12 hours after the time of arrest. However, such
13vehicle may be released by the arresting law enforcement agency
14prior to the end of the impoundment period if:
15        (1) the vehicle was not owned by the person under
16    arrest, and the lawful owner requesting such release
17    possesses a valid operator's license, proof of ownership,
18    and would not, as determined by the arresting law
19    enforcement agency, indicate a lack of ability to operate a
20    motor vehicle in a safe manner, or who would otherwise, by
21    operating such motor vehicle, be in violation of this Code;
22    or
23        (2) the vehicle is owned by the person under arrest,
24    and the person under arrest gives permission to another
25    person to operate such vehicle, provided however, that the
26    other person possesses a valid operator's license and would



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1    not, as determined by the arresting law enforcement agency,
2    indicate a lack of ability to operate a motor vehicle in a
3    safe manner or who would otherwise, by operating such motor
4    vehicle, be in violation of this Code.
5    (e-5) Whenever a registered owner of a vehicle is taken
6into custody for operating the vehicle in violation of Section
711-501 of this Code or a similar provision of a local ordinance
8or Section 6-303 of this Code, a law enforcement officer may
9have the vehicle immediately impounded for a period not less
11        (1) 24 hours for a second violation of Section 11-501
12    of this Code or a similar provision of a local ordinance or
13    Section 6-303 of this Code or a combination of these
14    offenses; or
15        (2) 48 hours for a third violation of Section 11-501 of
16    this Code or a similar provision of a local ordinance or
17    Section 6-303 of this Code or a combination of these
18    offenses.
19    The vehicle may be released sooner if the vehicle is owned
20by the person under arrest and the person under arrest gives
21permission to another person to operate the vehicle and that
22other person possesses a valid operator's license and would
23not, as determined by the arresting law enforcement agency,
24indicate a lack of ability to operate a motor vehicle in a safe
25manner or would otherwise, by operating the motor vehicle, be
26in violation of this Code.



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1    (f) Except as provided in Chapter 18a of this Code, the
2owner or lessor of privately owned real property within this
3State, or any person authorized by such owner or lessor, or any
4law enforcement agency in the case of publicly owned real
5property may cause any motor vehicle abandoned or left
6unattended upon such property without permission to be removed
7by a towing service without liability for the costs of removal,
8transportation or storage or damage caused by such removal,
9transportation or storage. The towing or removal of any vehicle
10from private property without the consent of the registered
11owner or other legally authorized person in control of the
12vehicle is subject to compliance with the following conditions
13and restrictions:
14        1. Any towed or removed vehicle must be stored at the
15    site of the towing service's place of business. The site
16    must be open during business hours, and for the purpose of
17    redemption of vehicles, during the time that the person or
18    firm towing such vehicle is open for towing purposes.
19        2. The towing service shall within 30 minutes of
20    completion of such towing or removal, notify the law
21    enforcement agency having jurisdiction of such towing or
22    removal, and the make, model, color and license plate
23    number of the vehicle, and shall obtain and record the name
24    of the person at the law enforcement agency to whom such
25    information was reported.
26        3. If the registered owner or legally authorized person



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1    entitled to possession of the vehicle shall arrive at the
2    scene prior to actual removal or towing of the vehicle, the
3    vehicle shall be disconnected from the tow truck and that
4    person shall be allowed to remove the vehicle without
5    interference, upon the payment of a reasonable service fee
6    of not more than one half the posted rate of the towing
7    service as provided in paragraph 6 of this subsection, for
8    which a receipt shall be given.
9        4. The rebate or payment of money or any other valuable
10    consideration from the towing service or its owners,
11    managers or employees to the owners or operators of the
12    premises from which the vehicles are towed or removed, for
13    the privilege of removing or towing those vehicles, is
14    prohibited. Any individual who violates this paragraph
15    shall be guilty of a Class A misdemeanor.
16        5. Except for property appurtenant to and obviously a
17    part of a single family residence, and except for instances
18    where notice is personally given to the owner or other
19    legally authorized person in control of the vehicle that
20    the area in which that vehicle is parked is reserved or
21    otherwise unavailable to unauthorized vehicles and they
22    are subject to being removed at the owner or operator's
23    expense, any property owner or lessor, prior to towing or
24    removing any vehicle from private property without the
25    consent of the owner or other legally authorized person in
26    control of that vehicle, must post a notice meeting the



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1    following requirements:
2            a. Except as otherwise provided in subparagraph
3        a.1 of this subdivision (f)5, the notice must be
4        prominently placed at each driveway access or curb cut
5        allowing vehicular access to the property within 5 feet
6        from the public right-of-way line. If there are no
7        curbs or access barriers, the sign must be posted not
8        less than one sign each 100 feet of lot frontage.
9            a.1. In a municipality with a population of less
10        than 250,000, as an alternative to the requirement of
11        subparagraph a of this subdivision (f)5, the notice for
12        a parking lot contained within property used solely for
13        a 2-family, 3-family, or 4-family residence may be
14        prominently placed at the perimeter of the parking lot,
15        in a position where the notice is visible to the
16        occupants of vehicles entering the lot.
17            b. The notice must indicate clearly, in not less
18        than 2 inch high light-reflective letters on a
19        contrasting background, that unauthorized vehicles
20        will be towed away at the owner's expense.
21            c. The notice must also provide the name and
22        current telephone number of the towing service towing
23        or removing the vehicle.
24            d. The sign structure containing the required
25        notices must be permanently installed with the bottom
26        of the sign not less than 4 feet above ground level,



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1        and must be continuously maintained on the property for
2        not less than 24 hours prior to the towing or removing
3        of any vehicle.
4        6. Any towing service that tows or removes vehicles and
5    proposes to require the owner, operator, or person in
6    control of the vehicle to pay the costs of towing and
7    storage prior to redemption of the vehicle must file and
8    keep on record with the local law enforcement agency a
9    complete copy of the current rates to be charged for such
10    services, and post at the storage site an identical rate
11    schedule and any written contracts with property owners,
12    lessors, or persons in control of property which authorize
13    them to remove vehicles as provided in this Section. The
14    towing and storage charges, however, shall not exceed the
15    maximum allowed by the Illinois Commerce Commission under
16    Section 18a-200.
17        7. No person shall engage in the removal of vehicles
18    from private property as described in this Section without
19    filing a notice of intent in each community where he
20    intends to do such removal, and such notice shall be filed
21    at least 7 days before commencing such towing.
22        8. No removal of a vehicle from private property shall
23    be done except upon express written instructions of the
24    owners or persons in charge of the private property upon
25    which the vehicle is said to be trespassing.
26        9. Vehicle entry for the purpose of removal shall be



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1    allowed with reasonable care on the part of the person or
2    firm towing the vehicle. Such person or firm shall be
3    liable for any damages occasioned to the vehicle if such
4    entry is not in accordance with the standards of reasonable
5    care.
6        9.5. Except as authorized by a law enforcement officer,
7    no towing service shall engage in the removal of a
8    commercial motor vehicle that requires a commercial
9    driver's license to operate by operating the vehicle under
10    its own power on a highway.
11        10. When a vehicle has been towed or removed pursuant
12    to this Section, it must be released to its owner or
13    custodian within one half hour after requested, if such
14    request is made during business hours. Any vehicle owner or
15    custodian or agent shall have the right to inspect the
16    vehicle before accepting its return, and no release or
17    waiver of any kind which would release the towing service
18    from liability for damages incurred during the towing and
19    storage may be required from any vehicle owner or other
20    legally authorized person as a condition of release of the
21    vehicle. A detailed, signed receipt showing the legal name
22    of the towing service must be given to the person paying
23    towing or storage charges at the time of payment, whether
24    requested or not.
25    This Section shall not apply to law enforcement,
26firefighting, rescue, ambulance, or other emergency vehicles



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1which are marked as such or to property owned by any
2governmental entity.
3    When an authorized person improperly causes a motor vehicle
4to be removed, such person shall be liable to the owner or
5lessee of the vehicle for the cost or removal, transportation
6and storage, any damages resulting from the removal,
7transportation and storage, attorney's fee and court costs.
8    Any towing or storage charges accrued shall be payable by
9the use of any major credit card, in addition to being payable
10in cash.
11        11. Towing companies shall also provide insurance
12    coverage for areas where vehicles towed under the
13    provisions of this Chapter will be impounded or otherwise
14    stored, and shall adequately cover loss by fire, theft or
15    other risks.
16    Any person who fails to comply with the conditions and
17restrictions of this subsection shall be guilty of a Class C
18misdemeanor and shall be fined not less than $100 nor more than
20    (g)(1) When a vehicle is determined to be a hazardous
21dilapidated motor vehicle pursuant to Section 11-40-3.1 of the
22Illinois Municipal Code or Section 5-12002.1 of the Counties
23Code, its removal and impoundment by a towing service may be
24authorized by a law enforcement agency with appropriate
26    (2) When a vehicle removal from either public or private



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1property is authorized by a law enforcement agency, the owner
2of the vehicle shall be responsible for all towing and storage
4    (3) Vehicles removed from public or private property and
5stored by a commercial vehicle relocator or any other towing
6service authorized by a law enforcement agency in compliance
7with this Section and Sections 4-201 and 4-202 of this Code, or
8at the request of the vehicle owner or operator, shall be
9subject to a possessor lien for services pursuant to the Labor
10and Storage Lien (Small Amount) Act. The provisions of Section
111 of that Act relating to notice and implied consent shall be
12deemed satisfied by compliance with Section 18a-302 and
13subsection (6) of Section 18a-300. In no event shall such lien
14be greater than the rate or rates established in accordance
15with subsection (6) of Section 18a-200 of this Code. In no
16event shall such lien be increased or altered to reflect any
17charge for services or materials rendered in addition to those
18authorized by this Act. Every such lien shall be payable by use
19of any major credit card, in addition to being payable in cash.
20    (4) Any personal property belonging to the vehicle owner in
21a vehicle subject to a lien under this subsection (g) shall
22likewise be subject to that lien, excepting only: child
23restraint systems as defined in Section 4 of the Child
24Passenger Protection Act and other child booster seats;
25eyeglasses; food; medicine; perishable property; any
26operator's licenses; any cash, credit cards, or checks or



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1checkbooks; any wallet, purse, or other property containing any
2operator's license or other identifying documents or
3materials, cash, credit cards, checks, or checkbooks; and any
4personal property belonging to a person other than the vehicle
5owner if that person provides adequate proof that the personal
6property belongs to that person. The spouse, child, mother,
7father, brother, or sister of the vehicle owner may claim
8personal property excepted under this paragraph (4) if the
9person claiming the personal property provides the commercial
10vehicle relocator or towing service with the authorization of
11the vehicle owner.
12    (5) This paragraph (5) applies only in the case of a
13vehicle that is towed as a result of being involved in an
14accident. In addition to the personal property excepted under
15paragraph (4), all other personal property in a vehicle subject
16to a lien under this subsection (g) is exempt from that lien
17and may be claimed by the vehicle owner if the vehicle owner
18provides the commercial vehicle relocator or towing service
19with proof that the vehicle owner has an insurance policy
20covering towing and storage fees. The spouse, child, mother,
21father, brother, or sister of the vehicle owner may claim
22personal property in a vehicle subject to a lien under this
23subsection (g) if the person claiming the personal property
24provides the commercial vehicle relocator or towing service
25with the authorization of the vehicle owner and proof that the
26vehicle owner has an insurance policy covering towing and



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1storage fees. The regulation of liens on personal property and
2exceptions to those liens in the case of vehicles towed as a
3result of being involved in an accident are exclusive powers
4and functions of the State. A home rule unit may not regulate
5liens on personal property and exceptions to those liens in the
6case of vehicles towed as a result of being involved in an
7accident. This paragraph (5) is a denial and limitation of home
8rule powers and functions under subsection (h) of Section 6 of
9Article VII of the Illinois Constitution.
10    (6) No lien under this subsection (g) shall: exceed $2,000
11in its total amount; or be increased or altered to reflect any
12charge for services or materials rendered in addition to those
13authorized by this Act.
14    (h) Whenever a peace officer issues a citation to a driver
15for a violation of subsection (a) of Section 11-506 of this
16Code, the arresting officer may have the vehicle which the
17person was operating at the time of the arrest impounded for a
18period of 5 days after the time of arrest. An impounding agency
19shall release a motor vehicle impounded under this subsection
20(h) to the registered owner of the vehicle under any of the
21following circumstances:
22        (1) If the vehicle is a stolen vehicle; or
23        (2) If the person ticketed for a violation of
24    subsection (a) of Section 11-506 of this Code was not
25    authorized by the registered owner of the vehicle to
26    operate the vehicle at the time of the violation; or



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1        (3) If the registered owner of the vehicle was neither
2    the driver nor a passenger in the vehicle at the time of
3    the violation or was unaware that the driver was using the
4    vehicle to engage in street racing; or
5        (4) If the legal owner or registered owner of the
6    vehicle is a rental car agency; or
7        (5) If, prior to the expiration of the impoundment
8    period specified above, the citation is dismissed or the
9    defendant is found not guilty of the offense.
10(Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11;
1197-779, eff. 7-13-12.)
12    (625 ILCS 5/18a-300)  (from Ch. 95 1/2, par. 18a-300)
13    Sec. 18a-300. Commercial vehicle relocators - Unlawful
14practices. It shall be unlawful for any commercial vehicle
16        (1) To operate in any county in which this Chapter is
17    applicable without a valid, current relocator's license as
18    provided in Article IV of this Chapter;
19        (2) To employ as an operator, or otherwise so use the
20    services of, any person who does not have at the
21    commencement of employment or service, or at any time
22    during the course of employment or service, a valid,
23    current operator's employment permit, or temporary
24    operator's employment permit issued in accordance with
25    Sections 18a-403 or 18a-405 of this Chapter; or to fail to



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1    notify the Commission, in writing, of any known criminal
2    conviction of any employee occurring at any time before or
3    during the course of employment or service;
4        (3) To employ as a dispatcher, or otherwise so use the
5    services of, any person who does not have at the
6    commencement of employment or service, or at any time
7    during the course of employment or service, a valid,
8    current dispatcher's or operator's employment permit or
9    temporary dispatcher's or operator's employment permit
10    issued in accordance with Sections 18a-403 or 18a-407 of
11    this Chapter; or to fail to notify the Commission, in
12    writing, of any known criminal conviction of any employee
13    occurring at any time before or during the course of
14    employment or service;
15        (4) To operate upon the highways of this State any
16    vehicle used in connection with any commercial vehicle
17    relocation service unless:
18             (A) There is painted or firmly affixed to the
19        vehicle on both sides of the vehicle in a color or
20        colors vividly contrasting to the color of the vehicle
21        the name, address and telephone number of the
22        relocator. The Commission shall prescribe reasonable
23        rules and regulations pertaining to insignia to be
24        painted or firmly affixed to vehicles and shall waive
25        the requirements of the address on any vehicle in cases
26        where the operator of a vehicle has painted or



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1        otherwise firmly affixed to the vehicle a seal or trade
2        mark that clearly identifies the operator of the
3        vehicle; and
4             (B) There is carried in the power unit of the
5        vehicle a certified copy of the currently effective
6        relocator's license and operator's employment permit.
7        Copies may be photographed, photocopied, or reproduced
8        or printed by any other legible and durable process.
9        Any person guilty of not causing to be displayed a copy
10        of his relocator's license and operator's employment
11        permit may in any hearing concerning the violation be
12        excused from the payment of the penalty hereinafter
13        provided upon a showing that the license was issued by
14        the Commission, but was subsequently lost or
15        destroyed;
16        (5) To operate upon the highways of this State any
17    vehicle used in connection with any commercial vehicle
18    relocation service that bears the name or address and
19    telephone number of any person or entity other than the
20    relocator by which it is owned or to which it is leased;
21        (6) To advertise in any newspaper, book, list,
22    classified directory or other publication unless there is
23    contained in the advertisement the license number of the
24    relocator;
25        (7) To remove any vehicle from private property without
26    having first obtained the written authorization of the



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1    property owner or other person in lawful possession or
2    control of the property, his authorized agent, or an
3    authorized law enforcement officer. The authorization may
4    be on a contractual basis covering a period of time or
5    limited to a specific removal;
6        (8) To charge the private property owner, who requested
7    that an unauthorized vehicle be removed from his property,
8    with the costs of removing the vehicle contrary to any
9    terms that may be a part of the contract between the
10    property owner and the commercial relocator. Nothing in
11    this paragraph shall prevent a relocator from assessing,
12    collecting, or receiving from the property owner, lessee,
13    or their agents any fee prescribed by the Commission;
14        (9) To remove a vehicle when the owner or operator of
15    the vehicle is present or arrives at the vehicle location
16    at any time prior to the completion of removal, and is
17    willing and able to remove the vehicle immediately;
18        (10) To remove any vehicle from property on which signs
19    are required and on which there are not posted appropriate
20    signs under Section 18a-302;
21        (11) To fail to notify law enforcement authorities in
22    the jurisdiction in which the trespassing vehicle was
23    removed within one hour of the removal. Notification shall
24    include a complete description of the vehicle,
25    registration numbers if possible, the locations from which
26    and to which the vehicle was removed, the time of removal,



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1    and any other information required by regulation, statute
2    or ordinance;
3        (12) To impose any charge other than in accordance with
4    the rates set by the Commission as provided in paragraph
5    (6) of Section 18a-200 of this Chapter;
6        (13) To fail, in the office or location at which
7    relocated vehicles are routinely returned to their owners,
8    to prominently post the name, address and telephone number
9    of the nearest office of the Commission to which inquiries
10    or complaints may be sent;
11        (13.1) To fail to distribute to each owner or operator
12    of a relocated vehicle, in written form as prescribed by
13    Commission rule or regulation, the relevant statutes,
14    regulations and ordinances governing commercial vehicle
15    relocators, including, in at least 12 point boldface type,
16    the name, address and telephone number of the nearest
17    office of the Commission to which inquiries or complaints
18    may be sent;
19        (13.2) To fail, in the office or location at which
20    relocated vehicles are routinely returned to their owners,
21    to ensure that the relocator's representative provides
22    suitable evidence of his or her identity to the owners of
23    relocated vehicles upon request;
24        (14) To remove any vehicle, otherwise in accordance
25    with this Chapter, more than 15 air miles from its location
26    when towed from a location in an unincorporated area of a



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1    county or more than 10 air miles from its location when
2    towed from any other location;
3        (15) To fail to make a telephone number available to
4    the police department of any municipality in which a
5    relocator operates at which the relocator or an employee of
6    the relocator may be contacted at any time during the hours
7    in which the relocator is engaged in the towing of
8    vehicles, or advertised as engaged in the towing of
9    vehicles, for the purpose of effectuating the release of a
10    towed vehicle; or to fail to include the telephone number
11    in any advertisement of the relocator's services published
12    or otherwise appearing on or after the effective date of
13    this amendatory Act; or to fail to have an employee
14    available at any time on the premises owned or controlled
15    by the relocator for the purposes of arranging for the
16    immediate release of the vehicle.
17        Apart from any other penalty or liability authorized
18    under this Act, if after a reasonable effort, the owner of
19    the vehicle is unable to make telephone contact with the
20    relocator for a period of one hour from his initial attempt
21    during any time period in which the relocator is required
22    to respond at the number, all fees for towing, storage, or
23    otherwise are to be waived. Proof of 3 attempted phone
24    calls to the number provided to the police department by an
25    officer or employee of the department on behalf of the
26    vehicle owner within the space of one hour, at least 2 of



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1    which are separated by 45 minutes, shall be deemed
2    sufficient proof of the owner's reasonable effort to make
3    contact with the vehicle relocator. Failure of the
4    relocator to respond to the phone calls is not a criminal
5    violation of this Chapter;
6        (16) To use equipment which the relocator does not own,
7    except in compliance with Section 18a-306 of this Chapter
8    and Commission regulations. No equipment can be leased to
9    more than one relocator at any time. Equipment leases shall
10    be filed with the Commission. If equipment is leased to one
11    relocator, it cannot thereafter be leased to another
12    relocator until a written cancellation of lease is properly
13    filed with the Commission;
14        (17) To use drivers or other personnel who are not
15    employees or contractors of the relocator;
16        (18) To fail to refund any amount charged in excess of
17    the reasonable rate established by the Commission;
18        (19) To violate any other provision of this Chapter, or
19    of Commission regulations or orders adopted under this
20    Chapter; .
21        (20) To engage in the removal of a commercial motor
22    vehicle that requires a commercial driver's license to
23    operate by operating the vehicle under its own power on a
24    highway without authorization by a law enforcement
25    officer.
26(Source: P.A. 94-650, eff. 1-1-06.)