Full Text of HB4012 93rd General Assembly
HB4012eng 93RD GENERAL ASSEMBLY
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| AN ACT in relation to transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the | 5 |
| Automated Traffic Control Systems in Highway Construction or | 6 |
| Maintenance Zones Act. | 7 |
| Section 5. Purpose. The purpose of this Act is to increase | 8 |
| safety in highway construction or maintenance zones. | 9 |
| Section 10. Establishment of automated control systems.
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| The Department of State Police may establish an automated | 11 |
| traffic control system in any construction or maintenance zone | 12 |
| established by the Department of Transportation or the Illinois | 13 |
| State Toll Highway Authority. An automated traffic control | 14 |
| system may operate only during those periods when workers are | 15 |
| present in the construction or maintenance zone. | 16 |
| Section 15. Definitions. As used in this Act: | 17 |
| (a) "Automated traffic control system" means a | 18 |
| photographic device, radar device, laser device, or other | 19 |
| electrical or mechanical device or devices designed to record | 20 |
| the speed of a vehicle and obtain a clear photograph or other | 21 |
| recorded image of the vehicle and the vehicle's registration | 22 |
| plate while the driver is violating traffic laws in the State | 23 |
| of Illinois. The photograph or other recorded image must also | 24 |
| display the time, date, and location of the violation. A law | 25 |
| enforcement officer is not required to be present or to witness | 26 |
| the violation. | 27 |
| (b) "Construction or maintenance zone" means an area in | 28 |
| which the Department of Transportation or the Illinois State | 29 |
| Toll Highway Authority has determined that the preexisting | 30 |
| established speed limit through a highway construction or |
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| maintenance project is greater than is reasonable or safe with
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| respect to the conditions expected to exist in the construction | 3 |
| or maintenance
zone and has posted a lower speed limit with a | 4 |
| highway construction or maintenance zone special speed limit | 5 |
| sign in accordance with Section 11-605 of the Illinois Vehicle | 6 |
| Code. | 7 |
| (c) "Owner" means the person or entity to whom the vehicle | 8 |
| is registered. | 9 |
| Section 20. Penalties. The penalties for and consequences | 10 |
| of a traffic violation recorded by an automated traffic control | 11 |
| system are the same as for any similar violation of the | 12 |
| Illinois Vehicle Code. | 13 |
| Section 25. Limitations on the use of automated traffic | 14 |
| enforcement systems. | 15 |
| (a) The Department of State Police must conduct a public | 16 |
| information campaign to inform drivers about the use of | 17 |
| automated traffic
control systems in highway construction or | 18 |
| maintenance zones before establishing any of those systems. The | 19 |
| Department of State Police shall adopt rules for implementing | 20 |
| this subsection (a). | 21 |
| (b) Signs indicating that speeds are enforced by automated | 22 |
| traffic control systems must be clearly posted in the areas | 23 |
| where the systems are in use. | 24 |
| (c) Operation of automated traffic control systems is | 25 |
| limited to areas where road construction or maintenance is | 26 |
| occurring. | 27 |
| (d) Photographs obtained in this manner may only be used as | 28 |
| evidence in relation to the offense for which the photograph is | 29 |
| taken. The photographs are available only to the owner of the | 30 |
| vehicle, the offender and the offender's attorney, the | 31 |
| judiciary, the local State's Attorney, and law enforcement | 32 |
| officials. | 33 |
| (e) If the driver of the vehicle cannot be identified | 34 |
| through the photograph, the owner is not liable for the fine, |
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| and the citation may not be counted against the driving record | 2 |
| of the owner. If the driver can be identified, the driver is | 3 |
| liable for the fine, and the violation is counted against his | 4 |
| or her driving record. | 5 |
| Section 30. Requirements for issuance of a citation. | 6 |
| (a) The vehicle, vehicle registration plate, speed, date, | 7 |
| time, and location must be clearly visible on the photograph or | 8 |
| other recorded image of the alleged violation. | 9 |
| (b) A Uniform Traffic Citation must be mailed or otherwise | 10 |
| delivered to the registered owner of the vehicle. If mailed, | 11 |
| the citation must be sent via certified mail within 6 business | 12 |
| days of the alleged violation, return receipt requested. | 13 |
| (c) The Uniform Traffic Citation must include: | 14 |
| (1) the name and address of the vehicle owner; | 15 |
| (2) the registration number of the vehicle; | 16 |
| (3) the offense charged; | 17 |
| (4) the time, date, and location of the violation; | 18 |
| (5) the first available court date; and
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| (6) notice that the basis of the citation is the | 20 |
| photograph or recorded image from the automated traffic | 21 |
| control system. | 22 |
| (d) The Uniform Traffic Citation issued to the violator | 23 |
| must be accompanied by a written document that lists the | 24 |
| violator's rights and obligations and explains how the violator | 25 |
| can elect to proceed by either paying the fine or challenging | 26 |
| the issuance of the Uniform Traffic Citation. | 27 |
| Section 35. Response to issuance of a citation. | 28 |
| (a) A person issued a citation under this Act may respond | 29 |
| to the citation in person or by any method allowed by law. | 30 |
| (b) If the registered owner responds within 30 days and | 31 |
| submits proof that the driver of the vehicle was not a family | 32 |
| member or did not have the registered owner's permission to use | 33 |
| the vehicle, the citation may be dismissed at the discretion of | 34 |
| the State's Attorney. |
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| Section 40. Admissibility of recorded images. Except as | 2 |
| provided in Section 45, any photograph or other recorded image | 3 |
| evidencing a violation is admissible in any proceeding | 4 |
| resulting from the issuance of the Uniform Traffic Citation. | 5 |
| Photographs or recorded images made by an automatic traffic | 6 |
| control system are confidential and shall be made available | 7 |
| only to the defendant and to governmental or law enforcement | 8 |
| agencies within the jurisdiction for the purposes of | 9 |
| adjudicating a driving violation. | 10 |
| Section 45. Vehicle rental or leasing company's | 11 |
| identification of a renter or lessee. | 12 |
| (a)
A Uniform Traffic Citation issued under this Act to a | 13 |
| motor vehicle rental or leasing company shall be dismissed with | 14 |
| respect to the rental or leasing company if: | 15 |
| (1) the company responds to the Uniform Traffic | 16 |
| Citation by submitting, within 30 days of the mailing of | 17 |
| the citation, an affidavit of non-liability stating that, | 18 |
| at the time of the alleged speeding or other traffic | 19 |
| violation, the vehicle was in the custody and control of a | 20 |
| renter or lessee under the terms of a rental agreement or | 21 |
| lease; and | 22 |
| (2) the company provides the driver's license number, | 23 |
| name, and address of the renter or lessee. | 24 |
| (b) A Uniform Traffic Citation dismissed with respect to a | 25 |
| motor vehicle rental or leasing company in accordance with | 26 |
| subsection (a) may then be issued and delivered by mail or | 27 |
| other means to the renter or lessee identified in the affidavit | 28 |
| of non-liability.
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| Section 90. The Illinois Vehicle Code is amended by | 30 |
| changing Section 11-605 as follows:
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| (625 ILCS 5/11-605) (from Ch. 95 1/2, par. 11-605)
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| Sec. 11-605. Special speed limit while passing schools or |
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| while traveling
through highway
construction or maintenance | 2 |
| zones.
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| (a) For the purpose of this Section, "school" means the | 4 |
| following
entities:
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| (1) A public or private primary or secondary school.
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| (2) A primary or secondary school operated by a | 7 |
| religious institution.
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| (3) A public, private, or religious nursery school.
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| On a school day when school children are present and so | 10 |
| close
thereto
that a potential hazard exists because of the | 11 |
| close proximity of the motorized
traffic, no person shall drive | 12 |
| a motor vehicle at a speed in excess of 20 miles
per hour while | 13 |
| passing a school zone or while traveling on a roadway on public
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| school property or upon any public
thoroughfare where children | 15 |
| pass going
to and from school.
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| For the purpose of this Section a school day shall begin at | 17 |
| seven ante
meridian and shall conclude at four post meridian.
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| This Section shall not be applicable unless appropriate | 19 |
| signs are posted
upon streets and highways under their | 20 |
| respective jurisdiction and
maintained by the Department, | 21 |
| township, county, park district, city,
village or incorporated | 22 |
| town wherein the school zone is located. With regard
to the | 23 |
| special speed limit while passing schools, such signs
shall | 24 |
| give proper due warning that a school zone is being approached | 25 |
| and
shall indicate the school zone and the maximum speed limit | 26 |
| in effect during
school days when school children are present.
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| (b) No person shall operate a motor vehicle in a | 28 |
| construction or
maintenance zone at a speed in excess of the | 29 |
| posted speed limit when workers
are present and so close to the | 30 |
| moving traffic that a potential hazard exists
because of the | 31 |
| motorized traffic.
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| (c) Nothing in this Chapter shall
prohibit the use of | 33 |
| electronic speed-detecting devices within 500 feet of
signs | 34 |
| within a special school speed zone or a construction or | 35 |
| maintenance
zone indicating such zone, as defined
in this | 36 |
| Section, nor shall evidence obtained thereby be inadmissible in |
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| any
prosecution for speeding provided the use of such device | 2 |
| shall apply only
to the enforcement of the speed limit in such | 3 |
| special school speed zone or a
construction or maintenance | 4 |
| zone.
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| (d) For the purpose of this Section, a construction or | 6 |
| maintenance zone is
an area in which the Department, Toll | 7 |
| Highway Authority, or local agency has
determined that the | 8 |
| preexisting established speed limit through a highway
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| construction or maintenance project is greater than is | 10 |
| reasonable or safe with
respect to the conditions expected to | 11 |
| exist in the construction or maintenance
zone and has posted a | 12 |
| lower speed limit with a highway construction or
maintenance | 13 |
| zone special speed limit sign.
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| Highway construction or maintenance zone special speed | 15 |
| limit signs shall be
of a design approved by the Department. | 16 |
| The signs shall give proper due
warning that a construction or | 17 |
| maintenance zone is being approached and shall
indicate the | 18 |
| maximum speed limit in effect. The signs shall also state the
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| amount of the minimum fine for a violation when workers are | 20 |
| present.
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| (d-1) A local agency may delegate to its superintendent of | 22 |
| highways the authority to set and post a reduced speed limit | 23 |
| for a construction or maintenance zone under subsection (b). If | 24 |
| a superintendent of highways sets a reduced speed limit for a | 25 |
| construction or maintenance zone in accordance with this | 26 |
| subsection (d-1), the local agency must maintain a record that | 27 |
| indicates (i) the location of the construction or maintenance | 28 |
| zone, (ii) the reduced speed limit set and posted for the | 29 |
| construction or maintenance zone, and (iii) the dates during | 30 |
| which the reduced speed limit was in effect.
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| (e) A first violation of this Section is a petty
offense | 32 |
| with a minimum fine
of $150. A second or subsequent violation | 33 |
| of this
Section is a petty offense with a minimum fine of $300.
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| (f) When a fine for a violation of subsection (a) is $150 | 35 |
| or greater,
the person who violates subsection (a) shall be | 36 |
| charged an additional
$50 to be paid to the unit school
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| district where the
violation
occurred for school safety | 2 |
| purposes. If the violation occurred in a dual
school district,
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| $25 of the surcharge shall be paid to the elementary school | 4 |
| district for school
safety
purposes and $25 of the surcharge | 5 |
| shall be paid to the high school district for
school
safety | 6 |
| purposes. Notwithstanding any other provision of law, the | 7 |
| entire $50
surcharge
shall be paid to the appropriate school | 8 |
| district or districts.
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| For purposes of this subsection (f), "school safety | 10 |
| purposes" includes the
costs
associated with school zone safety | 11 |
| education and
the purchase, installation, and maintenance of | 12 |
| caution lights
which are
mounted on school speed zone signs.
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| (g) When a fine for a violation of subsection (b) is $150 | 14 |
| or greater,
the person who violates subsection (b) shall be | 15 |
| charged an additional $50.
The $50 surcharge shall be deposited | 16 |
| into the Transportation Safety Highway
Hire-back Fund.
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| (h) The
Transportation Safety Highway
Hire-back Fund is | 18 |
| created as a special fund in the State treasury.
Subject to | 19 |
| appropriation by the General Assembly and approval by the
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| Secretary, the Secretary of Transportation shall use all moneys | 21 |
| in the
Transportation Safety Highway
Hire-back Fund to hire | 22 |
| off-duty Department of State Police officers to monitor
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| construction or maintenance zones.
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| (Source: P.A. 91-531, eff. 1-1-00; 92-242, eff. 1-1-02; 92-619, | 25 |
| eff. 1-1-03;
92-780, eff. 8-6-02; revised 8-22-02.)
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