Full Text of HB3463 94th General Assembly
HB3463eng 94TH GENERAL ASSEMBLY
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HB3463 Engrossed |
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| AN ACT concerning 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 5. The Illinois Vehicle Code is amended by
changing | 5 |
| Sections 6-306.5, 11-208, 11-208.3, and 11-306 and adding | 6 |
| Section
11-208.5 as
follows:
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| (625 ILCS 5/6-306.5)
(from Ch. 95 1/2, par. 6-306.5)
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| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 9 |
| parking, or
compliance , or automated traffic law violations; | 10 |
| suspension of
driving privileges.
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| (a) Upon receipt of
a certified report,
as prescribed by | 12 |
| subsection (c) of
this Section, from
any municipality stating | 13 |
| that the owner of a registered vehicle has : (1)
failed
to pay | 14 |
| any fine or penalty due and owing as a result of 10 or more | 15 |
| violations
of a
municipality's vehicular standing, parking, or | 16 |
| compliance
regulations established by
ordinance pursuant to | 17 |
| Section 11-208.3 of this Code, or (2) failed to pay any
fine or | 18 |
| penalty due and owing as a result of 5 offenses for automated | 19 |
| traffic
violations as defined in
Section 11-208.5, the
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| Secretary of State
shall suspend the driving privileges of such | 21 |
| person in accordance with the
procedures set forth in this | 22 |
| Section.
The Secretary shall also suspend the driving | 23 |
| privileges of an owner of a
registered vehicle upon receipt of | 24 |
| a certified report, as prescribed by
subsection (f) of this | 25 |
| Section, from any municipality stating that such
person has | 26 |
| failed to satisfy any fines or penalties imposed by final | 27 |
| judgments
for 5 or more automated traffic law violations or 10 | 28 |
| or more violations of
local standing, parking, or
compliance | 29 |
| regulations after
exhaustion of judicial review procedures.
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| (b) Following receipt of the certified report of the | 31 |
| municipality as
specified in this Section, the Secretary of | 32 |
| State shall notify the person
whose name appears on the |
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| certified report that
the person's
drivers license will be | 2 |
| suspended at the end of a specified period of time
unless the | 3 |
| Secretary of State is presented with a notice from the
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| municipality certifying that the fine or penalty due
and owing | 5 |
| the municipality has been paid or that inclusion of that
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| person's name on the certified report was in error. The | 7 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 9 |
| Secretary, and
shall be effective as specified by subsection | 10 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 12 |
| notifying the
Secretary of State of unpaid fines or penalties | 13 |
| pursuant to this Section
shall be certified and shall contain | 14 |
| the following:
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| (1) The name, last known address and drivers license | 16 |
| number of the
person who failed to pay the fine or
penalty | 17 |
| and the registration number of any vehicle known to be | 18 |
| registered
to such person in this State.
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| (2) The name of the municipality making the report | 20 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 22 |
| impending
drivers license suspension as prescribed by | 23 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 24 |
| person named in the report at the
address recorded with the | 25 |
| Secretary of State; the date on which such
notice was sent; | 26 |
| and the address to which such notice was sent.
In a | 27 |
| municipality with a population of 1,000,000 or more, the | 28 |
| report shall
also include a statement that the alleged | 29 |
| violator's State vehicle registration
number and vehicle | 30 |
| make are correct as they appear on the citations.
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| (d) Any municipality making a certified report to the | 32 |
| Secretary of State
pursuant to this Section
shall notify the | 33 |
| Secretary of State, in a form prescribed by the
Secretary, | 34 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 36 |
| municipality determines
that the original report was in error. |
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| A certified copy of such
notification shall also be given upon | 2 |
| request and at no additional charge
to the person named | 3 |
| therein. Upon receipt of the municipality's
notification or | 4 |
| presentation of a certified copy of such notification, the
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| Secretary of State shall terminate the suspension.
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| (e) Any municipality making a certified report to the | 7 |
| Secretary of State
pursuant to this Section
shall also by | 8 |
| ordinance establish procedures for persons to
challenge the | 9 |
| accuracy of the certified report. The ordinance shall also
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| state the grounds for such a challenge, which may be limited to | 11 |
| (1) the
person not having been the owner or lessee of the | 12 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 13 |
| compliance
violation notices or 5 or more automated traffic law | 14 |
| violation notices on
the
date or dates such notices were | 15 |
| issued; and (2) the
person
having already paid the fine or | 16 |
| penalty for the 10 or more standing, parking,
or compliance
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| violations or 5 or more automated traffic law violations
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| indicated on the certified report.
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| (f) Any municipality, other than a municipality | 20 |
| establishing vehicular
standing, parking, and compliance | 21 |
| regulations
pursuant to
Section 11-208.3 or automated traffic | 22 |
| law regulations under Section
11-208.5 , may also
cause a | 23 |
| suspension of a person's drivers license pursuant to this | 24 |
| Section.
Such municipality may invoke this sanction by making a | 25 |
| certified report to
the Secretary of State upon a person's | 26 |
| failure to satisfy any fine or
penalty imposed by final | 27 |
| judgment for 10 or more violations of local
standing, parking, | 28 |
| or compliance regulations or 5 or more
automated traffic law | 29 |
| violations after exhaustion
of judicial review
procedures, but | 30 |
| only if:
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| (1) the municipality complies with the provisions of | 32 |
| this Section in all
respects except in regard to enacting | 33 |
| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
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| drivers license suspension as prescribed by an ordinance | 36 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 | 2 |
| or more, the
municipality
has verified that the alleged | 3 |
| violator's State vehicle registration number and
vehicle | 4 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 6 |
| establishing
standing, parking, and compliance regulations
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| pursuant to
Section 11-208.3 or automated traffic law | 8 |
| regulations under Section
11-208.5 , may provide by
ordinance | 9 |
| for the sending of a notice of impending
drivers license | 10 |
| suspension to the person who has failed to satisfy any fine
or | 11 |
| penalty imposed by final judgment for 10 or more violations of | 12 |
| local
standing, parking, or compliance regulations or 5 or more
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| automated traffic law violations after exhaustion
of judicial | 14 |
| review
procedures. An ordinance so providing shall specify that | 15 |
| the notice
sent to the person liable for any fine or penalty
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| shall state that failure to pay the fine or
penalty owing | 17 |
| within 45 days of the notice's date will result in the
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| municipality notifying the Secretary of State that
the person's | 19 |
| drivers license is eligible for suspension pursuant to this
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| Section.
The notice of impending drivers license suspension
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| shall be sent by first class United States mail, postage | 22 |
| prepaid, to the
address
recorded with the Secretary of State.
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| (h) An administrative hearing to contest an impending | 24 |
| suspension or a
suspension made pursuant to this Section may be | 25 |
| had upon filing a written
request with the Secretary of State. | 26 |
| The filing fee for this hearing shall
be $20, to be paid at the | 27 |
| time the request is made.
A municipality which files a | 28 |
| certified report with the Secretary of
State pursuant to this | 29 |
| Section shall reimburse the Secretary for all
reasonable costs | 30 |
| incurred by the Secretary as a result of the filing of the
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| report, including but not limited to the costs of providing the | 32 |
| notice
required pursuant to subsection (b) and the costs | 33 |
| incurred by the Secretary
in any hearing conducted with respect | 34 |
| to the report pursuant to this
subsection and any appeal from | 35 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and |
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| after January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 3 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 89-190, eff. 1-1-96; 90-145, eff. 1-1-98; 90-481, | 5 |
| eff.
8-17-97.)
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| (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
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| Sec. 11-208. Powers of local authorities.
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| (a) The provisions of this Code shall not be deemed to | 9 |
| prevent
local authorities with respect to streets and highways | 10 |
| under their
jurisdiction and within the reasonable exercise of | 11 |
| the police power from:
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| 1. Regulating the standing or parking of vehicles, | 13 |
| except as
limited by Section 11-1306 of this Act;
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| 2. Regulating traffic by means of police officers or | 15 |
| traffic control
signals;
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| 3. Regulating or prohibiting processions or | 17 |
| assemblages on the highways;
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| 4. Designating particular highways as one-way | 19 |
| highways and requiring that
all vehicles thereon be moved | 20 |
| in one specific direction;
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| 5. Regulating the speed of vehicles in public parks | 22 |
| subject to the
limitations set forth in Section 11-604;
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| 6. Designating any highway as a through highway, as | 24 |
| authorized in Section
11-302, and requiring that all | 25 |
| vehicles stop before entering or crossing
the same or | 26 |
| designating any intersection as a stop intersection or a | 27 |
| yield
right-of-way intersection and requiring all vehicles | 28 |
| to stop or yield the
right-of-way at one or more entrances | 29 |
| to such intersections;
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| 7. Restricting the use of highways as authorized in | 31 |
| Chapter 15;
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| 8. Regulating the operation of bicycles and requiring | 33 |
| the
registration and licensing of same, including the | 34 |
| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles |
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| or specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in | 3 |
| Section 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 6 |
| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal | 8 |
| operation;
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| 14. Imposing fines in accordance with Section | 10 |
| 11-1301.3 as penalties
for use of any parking place | 11 |
| reserved for persons with disabilities, as defined
by | 12 |
| Section 1-159.1, or disabled veterans by any person using a | 13 |
| motor
vehicle not bearing registration plates specified in | 14 |
| Section 11-1301.1
or a special decal or device as defined | 15 |
| in Section 11-1301.2
as evidence that the vehicle is | 16 |
| operated by or for a person
with disabilities or disabled | 17 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 19 |
| specifically
authorized by this Code; or
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| 16. Enforcing the provisions of subsection (f) of | 21 |
| Section 3-413 of this
Code or a similar local ordinance.
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| (b) No ordinance or regulation enacted under subsections | 23 |
| 1, 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be | 24 |
| effective until signs giving
reasonable notice of such local | 25 |
| traffic regulations are posted.
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| (c) The provisions of this Code shall not prevent any
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| municipality having a population of 500,000 or more inhabitants | 28 |
| from
prohibiting any person from driving or operating any motor | 29 |
| vehicle upon
the roadways of such municipality with headlamps | 30 |
| on high beam or bright.
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| (d) The provisions of this Code shall not be deemed to | 32 |
| prevent local
authorities within the reasonable exercise of | 33 |
| their police power from
prohibiting, on private property, the | 34 |
| unauthorized use of parking spaces
reserved for persons with | 35 |
| disabilities.
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| (e) No unit of local government, including a home rule |
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| unit, may enact or
enforce an ordinance that applies only to | 2 |
| motorcycles if the principal purpose
for that ordinance is to | 3 |
| restrict the access of motorcycles to any highway or
portion of | 4 |
| a highway for which federal or State funds have been used for | 5 |
| the
planning, design, construction, or maintenance of that | 6 |
| highway. No unit of
local government, including a home rule | 7 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 8 |
| protective headgear. Nothing in this subsection
(e) shall | 9 |
| affect the authority of a unit of local government to regulate
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| motorcycles for traffic control purposes or in accordance with | 11 |
| Section 12-602
of this Code. No unit of local government, | 12 |
| including a home rule unit, may
regulate motorcycles in a | 13 |
| manner inconsistent with this Code. This subsection
(e) is a | 14 |
| limitation under subsection (i) of Section 6 of Article VII of | 15 |
| the
Illinois Constitution on the concurrent exercise by home | 16 |
| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county may enact an ordinance | 18 |
| providing for an
automated traffic law enforcement system to | 19 |
| enforce violations of Section 11-306 of this Code or
a similar | 20 |
| provision of a local ordinance.
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| (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97; | 22 |
| 90-655, eff.
7-30-98; 91-519, eff. 1-1-00.)
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| (625 ILCS 5/11-208.3)
(from Ch. 95 1/2, par. 11-208.3)
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| Sec. 11-208.3. Administrative adjudication of violations | 25 |
| of traffic
regulations concerning the standing, parking, or | 26 |
| condition of
vehicles and automated traffic law violations .
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| (a) Any municipality may provide by ordinance for a system | 28 |
| of
administrative adjudication of vehicular standing and | 29 |
| parking violations and
vehicle compliance violations as | 30 |
| defined in this subsection , and automated
traffic law | 31 |
| violations as defined in Section 11-208.5 .
The administrative | 32 |
| system shall have as its purpose the fair and
efficient | 33 |
| enforcement of municipal regulations through the
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| administrative adjudication of automated traffic law | 35 |
| violations and
violations
of municipal ordinances
regulating |
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| the standing and parking of vehicles, the condition and use of
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| vehicle equipment, and the display of municipal wheel tax | 3 |
| licenses within the
municipality's
borders. The administrative | 4 |
| system shall only have authority to adjudicate
civil offenses | 5 |
| carrying fines not in excess of $250 that occur after the
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| effective date of the ordinance adopting such a system under | 7 |
| this Section.
For purposes of this Section, "compliance | 8 |
| violation" means a violation of a
municipal regulation | 9 |
| governing the condition or use of equipment on a vehicle
or | 10 |
| governing the display of a municipal wheel tax license.
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| (b) Any ordinance establishing a system of administrative | 12 |
| adjudication
under this Section shall provide for:
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| (1) A traffic compliance administrator authorized to
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| adopt, distribute and
process parking ,
and compliance , and | 15 |
| automated traffic law
violation
notices and other notices | 16 |
| required
by this
Section, collect money paid as fines and | 17 |
| penalties for violation of parking
and compliance
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| ordinances and automated traffic law violations , and
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| operate an administrative adjudication system. The traffic
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| compliance
administrator also may make a certified report | 21 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, or compliance , or automated | 23 |
| traffic law
violation notice
that
shall specify the date,
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| time, and place of violation of a parking, standing, or
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| compliance , or
automated traffic law
regulation; the | 26 |
| particular regulation
violated; the fine and any penalty | 27 |
| that may be assessed for late payment,
when so provided by | 28 |
| ordinance; the vehicle make and state registration
number; | 29 |
| and the identification number of the
person issuing the | 30 |
| notice.
With regard to municipalities with a population of | 31 |
| 1 million or more, it
shall be grounds for
dismissal of a | 32 |
| parking
violation if the State registration number or | 33 |
| vehicle make specified is
incorrect. The violation notice | 34 |
| shall state that the payment of the indicated
fine, and of | 35 |
| any applicable penalty for late payment, shall operate as a
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| final disposition of the violation. The notice also shall |
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| contain
information as to the availability of a hearing in | 2 |
| which the violation may
be contested on its merits. The | 3 |
| violation notice shall specify the
time and manner in which | 4 |
| a hearing may be had.
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| (3) Service of the parking, standing, or compliance
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| violation notice by affixing the
original or a facsimile of | 7 |
| the notice to an unlawfully parked vehicle or by
handing | 8 |
| the notice to the operator of a vehicle if he or she is
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| present
and service of an automated traffic law violation | 10 |
| notice by mail to the
address
of the registered owner of | 11 |
| the cited vehicle as recorded with the Secretary of
State | 12 |
| within 30 days after the violation .
A person authorized by | 13 |
| ordinance to issue and serve parking,
standing, and
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| compliance , or automated traffic law
violation notices | 15 |
| shall certify as to the correctness of the facts entered
on | 16 |
| the violation notice by signing his or her name to the | 17 |
| notice at
the time of service or in the case of a notice | 18 |
| produced by a computerized
device, by signing a single | 19 |
| certificate to be kept by the traffic
compliance
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| administrator attesting to the correctness of all notices | 21 |
| produced by the
device while it was under his or her | 22 |
| control.
In the case of an automated traffic law violation, | 23 |
| the ordinance shall
require
a
signed statement by a | 24 |
| technician employed by the municipality or county that,
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| based on inspection of recorded images, the motor vehicle | 26 |
| was being operated in
violation of Section 11-208.5.
If the | 27 |
| technician determines that the
vehicle entered the | 28 |
| intersection as part of a funeral procession or in order to
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| yield the right-of-way to an emergency vehicle, a citation | 30 |
| may not be issued.
The original or a
facsimile of the | 31 |
| violation notice or, in the case of a notice produced by a
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| computerized device, a printed record generated by the | 33 |
| device showing the facts
entered on the notice, shall be | 34 |
| retained by the
traffic compliance
administrator, and | 35 |
| shall be a record kept in the ordinary course of
business. | 36 |
| A parking, standing, or
compliance , or automated traffic |
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| law
violation notice issued,
signed and served in
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| accordance with this Section, a copy of the notice, or the | 3 |
| computer
generated record shall be prima facie
correct and | 4 |
| shall be prima facie evidence of the correctness of the | 5 |
| facts
shown on the notice. The notice, copy, or computer | 6 |
| generated
record shall be admissible in any
subsequent | 7 |
| administrative or legal proceedings.
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| (4) An opportunity for a hearing for the registered | 9 |
| owner of the
vehicle cited in the parking, standing, or
| 10 |
| compliance , or automated
traffic law violation notice in
| 11 |
| which the owner may
contest the merits of the alleged | 12 |
| violation, and during which formal or
technical rules of | 13 |
| evidence shall not apply; provided, however, that under
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| Section 11-1306 of this Code the lessee of a vehicle cited | 15 |
| in the
violation notice likewise shall be provided an | 16 |
| opportunity for a hearing of
the same kind afforded the | 17 |
| registered owner. The hearings shall be
recorded, and the | 18 |
| person conducting the hearing on behalf of the traffic
| 19 |
| compliance
administrator shall be empowered to administer | 20 |
| oaths and to secure by
subpoena both the attendance and | 21 |
| testimony of witnesses and the production
of relevant books | 22 |
| and papers. Persons appearing at a hearing under this
| 23 |
| Section may be represented by counsel at their expense. The | 24 |
| ordinance may
also provide for internal administrative | 25 |
| review following the decision of
the hearing officer.
| 26 |
| (5) Service of additional notices, sent by first | 27 |
| class United States
mail, postage prepaid, to the address | 28 |
| of the registered owner of the cited
vehicle as recorded | 29 |
| with the Secretary of State or, under Section 11-1306
of | 30 |
| this Code, to the lessee of the cited vehicle at the last | 31 |
| address known
to the lessor of the cited vehicle at the | 32 |
| time of lease.
The service shall
be deemed complete as of | 33 |
| the date of deposit in the United States mail.
The notices | 34 |
| shall be in the following sequence and shall include but | 35 |
| not be
limited to the information specified herein:
| 36 |
| (i) A second notice of violation. This notice |
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| shall specify the
date and location of the violation | 2 |
| cited in the parking,
standing,
or compliance , or | 3 |
| automated traffic law violation
notice, the particular | 4 |
| regulation violated, the vehicle
make and state | 5 |
| registration number, the fine and any penalty that may | 6 |
| be
assessed for late payment when so provided by | 7 |
| ordinance, the availability
of a hearing in which the | 8 |
| violation may be contested on its merits, and the
time | 9 |
| and manner in which the hearing may be had. The notice | 10 |
| of violation
shall also state that failure either to | 11 |
| pay the indicated fine and any
applicable penalty, or | 12 |
| to appear at a hearing on the merits in the time and
| 13 |
| manner specified, will result in a final determination | 14 |
| of violation
liability for the cited violation in the | 15 |
| amount of the fine or penalty
indicated, and that, upon | 16 |
| the occurrence of a final determination of violation
| 17 |
| liability for the failure, and the exhaustion of, or
| 18 |
| failure to exhaust, available administrative or | 19 |
| judicial procedures for
review, any unpaid fine or | 20 |
| penalty will constitute a debt due and owing
the | 21 |
| municipality.
| 22 |
| (ii) A notice of final determination of parking, | 23 |
| standing, or
compliance , or automated traffic law
| 24 |
| violation liability.
This notice shall be sent | 25 |
| following a final determination of parking,
standing, | 26 |
| or compliance , or automated traffic law
violation | 27 |
| liability and the conclusion of judicial review | 28 |
| procedures taken
under this Section. The notice shall | 29 |
| state that the unpaid fine or
penalty is a debt due and | 30 |
| owing the municipality. The notice shall contain
| 31 |
| warnings that failure to pay any fine or penalty due | 32 |
| and owing the
municipality within the time specified | 33 |
| may result in the municipality's
filing of a petition | 34 |
| in the Circuit Court to have the unpaid
fine or penalty | 35 |
| rendered a judgment as provided by this Section, or may
| 36 |
| result in suspension of the person's drivers license |
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| for failure to pay
fines or penalties for 10 or more | 2 |
| parking violations
under Section 6-306.5 or 5 more | 3 |
| automated traffic law violations under
Section | 4 |
| 11-208.5 .
| 5 |
| (6) A Notice of impending drivers license suspension. | 6 |
| This
notice shall be sent to the person liable for any fine | 7 |
| or penalty that
remains due and owing on 10 or more parking
| 8 |
| violations or 5 or more unpaid automated traffic law | 9 |
| violations . The
notice
shall state that failure to pay the | 10 |
| fine or penalty owing within 45 days of
the notice's date | 11 |
| will result in the municipality notifying the Secretary
of | 12 |
| State that the person is eligible for initiation of | 13 |
| suspension
proceedings under Section 6-306.5 of this Code. | 14 |
| The notice shall also state
that the person may obtain a | 15 |
| photostatic copy of an original ticket imposing a
fine or | 16 |
| penalty by sending a self addressed, stamped envelope to | 17 |
| the
municipality along with a request for the photostatic | 18 |
| copy.
The notice of impending
drivers license suspension | 19 |
| shall be sent by first class United States mail,
postage | 20 |
| prepaid, to the address recorded with the Secretary of | 21 |
| State.
| 22 |
| (7) Final determinations of violation liability. A | 23 |
| final
determination of violation liability shall occur | 24 |
| following failure
to pay the fine or penalty after a | 25 |
| hearing officer's determination of violation
liability and | 26 |
| the exhaustion of or failure to exhaust any
administrative | 27 |
| review procedures provided by ordinance. Where a person
| 28 |
| fails to appear at a hearing to contest the alleged | 29 |
| violation in the time
and manner specified in a prior | 30 |
| mailed notice, the hearing officer's
determination of | 31 |
| violation liability shall become final: (A) upon
denial | 32 |
| of a timely petition to set aside that determination, or | 33 |
| (B) upon
expiration of the period for filing the petition | 34 |
| without a
filing having been made.
| 35 |
| (8) A petition to set aside a determination of | 36 |
| parking, standing, or
compliance , or automated traffic law
|
|
|
|
HB3463 Engrossed |
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|
| 1 |
| violation
liability that may be filed by a person owing an | 2 |
| unpaid fine or penalty.
The petition shall be filed with | 3 |
| and ruled upon by the traffic compliance
administrator in | 4 |
| the manner and within the time specified by ordinance.
The | 5 |
| grounds for the petition may be limited to: (A) the person | 6 |
| not having
been the owner or lessee of the cited vehicle on | 7 |
| the date the
violation notice was issued, (B) the person | 8 |
| having already paid the fine or
penalty for the violation | 9 |
| in question, and (C) excusable failure to
appear at or
| 10 |
| request a new date for a hearing.
With regard to | 11 |
| municipalities with a population of 1 million or more, it
| 12 |
| shall be grounds for
dismissal of a
parking violation if | 13 |
| the State registration number or vehicle make specified is
| 14 |
| incorrect. After the determination of
parking, standing, | 15 |
| or compliance , or automated traffic law violation
| 16 |
| liability has been set aside
upon a showing of just
cause, | 17 |
| the registered owner shall be provided with a hearing on | 18 |
| the merits
for that violation.
| 19 |
| (9) Procedures for non-residents. Procedures by which | 20 |
| persons who are
not residents of the municipality may | 21 |
| contest the merits of the alleged
violation without | 22 |
| attending a hearing.
| 23 |
| (10) A schedule of civil fines for violations of | 24 |
| vehicular standing,
parking, and compliance , and automated | 25 |
| traffic law regulations enacted
by
ordinance pursuant to | 26 |
| this
Section, and a
schedule of penalties for late payment | 27 |
| of the fines, provided, however,
that the total amount of | 28 |
| the fine and penalty for any one violation shall
not exceed | 29 |
| $250.
| 30 |
| (11) Other provisions as are necessary and proper to | 31 |
| carry into
effect the powers granted and purposes stated in | 32 |
| this Section.
| 33 |
| (c) Any municipality establishing vehicular standing, | 34 |
| parking,
and compliance , and automated traffic law
regulations | 35 |
| under this Section may also provide by ordinance for a
program | 36 |
| of vehicle immobilization for the purpose of facilitating
|
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| enforcement of those regulations. The program of vehicle
| 2 |
| immobilization shall provide for immobilizing any eligible | 3 |
| vehicle upon the
public way by presence of a restraint in a | 4 |
| manner to prevent operation of
the vehicle. Any ordinance | 5 |
| establishing a program of vehicle
immobilization under this | 6 |
| 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 unpaid final
determinations of | 11 |
| parking, standing, or compliance , or automated
traffic law
| 12 |
| violation liability as
determined by ordinance.
| 13 |
| (2) A notice of impending vehicle immobilization and | 14 |
| a right to a
hearing to challenge the validity of the | 15 |
| notice by disproving liability
for the unpaid final | 16 |
| determinations of parking, standing, or compliance ,
or | 17 |
| automated traffic law
violation liability listed
on the | 18 |
| notice.
| 19 |
| (3) The right to a prompt hearing after a vehicle has | 20 |
| been immobilized
or subsequently towed without payment of | 21 |
| the outstanding fines and
penalties on parking, standing, | 22 |
| or compliance , or automated traffic law
violations for | 23 |
| which final
determinations have been
issued. An order | 24 |
| issued after the hearing is a final administrative
decision | 25 |
| within the meaning of Section 3-101 of the Code of Civil | 26 |
| Procedure.
| 27 |
| (4) A post immobilization and post-towing notice | 28 |
| advising the registered
owner of the vehicle of the right | 29 |
| to a hearing to challenge the validity
of the impoundment.
| 30 |
| (d) Judicial review of final determinations of parking, | 31 |
| standing, and
compliance , and automated traffic law
violations | 32 |
| and final administrative decisions issued after hearings
| 33 |
| regarding vehicle immobilization and impoundment made
under | 34 |
| this Section shall be subject to the provisions of
the | 35 |
| Administrative Review Law.
| 36 |
| (e) Any fine, penalty, or part of any fine or any penalty |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| remaining
unpaid after the exhaustion of, or the failure to | 2 |
| exhaust, administrative
remedies created under this Section | 3 |
| and the conclusion of any judicial
review procedures shall be a | 4 |
| debt due and owing the municipality and, as
such, may be | 5 |
| collected in accordance with applicable law. Payment in full
of | 6 |
| any fine or penalty resulting from a standing, parking, or
| 7 |
| compliance , or automated traffic law violation shall
| 8 |
| constitute a final disposition of that violation.
| 9 |
| (f) After the expiration of the period within which | 10 |
| judicial review may
be sought for a final determination of | 11 |
| parking, standing, or compliance ,
or automated traffic law
| 12 |
| violation, the municipality
may commence a proceeding in the | 13 |
| Circuit Court for purposes of obtaining a
judgment on the final | 14 |
| determination of violation. Nothing in this
Section shall | 15 |
| prevent a municipality from consolidating multiple final
| 16 |
| determinations of parking, standing, or compliance , or | 17 |
| automated
traffic law violations
violation against a
person in | 18 |
| a proceeding.
Upon commencement of the action, the municipality | 19 |
| shall file a certified
copy of the final determination of | 20 |
| parking, standing, or compliance , or
automated traffic law
| 21 |
| violation, which shall be
accompanied by a certification that | 22 |
| recites facts sufficient to show that
the final determination | 23 |
| of violation was
issued in accordance with this Section and the | 24 |
| applicable municipal
ordinance. Service of the summons and a | 25 |
| copy of the petition may be by
any method provided by Section | 26 |
| 2-203 of the Code of Civil Procedure or by
certified mail, | 27 |
| return receipt requested, provided that the total amount of
| 28 |
| fines and penalties for final determinations of parking, | 29 |
| standing, or
compliance , or automated traffic law violations | 30 |
| does not
exceed $2500. If the court is satisfied that the final | 31 |
| determination of
parking, standing, or compliance , or | 32 |
| automated traffic law violation
was
entered in accordance with
| 33 |
| the requirements of
this Section and the applicable municipal | 34 |
| ordinance, and that the registered
owner or the lessee, as the | 35 |
| case may be, had an opportunity for an
administrative hearing | 36 |
| and for judicial review as provided in this Section,
the court |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| shall render judgment in favor of the municipality and against
| 2 |
| the registered owner or the lessee for the amount indicated in | 3 |
| the final
determination of parking, standing, or compliance , or | 4 |
| automated
traffic law violation, plus costs.
The judgment shall | 5 |
| have
the same effect and may be enforced in the same manner as | 6 |
| other judgments
for the recovery of money.
| 7 |
| (Source: P.A. 92-695, eff. 1-1-03.)
| 8 |
| (625 ILCS 5/11-208.5 new)
| 9 |
| Sec. 11-208.5. Automated traffic law enforcement system.
| 10 |
| (a) As used in this Section, "automated traffic law | 11 |
| enforcement
system" means a device with one or more motor | 12 |
| vehicle sensors working
in conjunction with a red light signal | 13 |
| to produce recorded images of
motor vehicles entering an | 14 |
| intersection against a red signal
indication in violation of | 15 |
| Section 11-306 of this Code or a similar provision
of a local | 16 |
| ordinance.
| 17 |
| An
automated traffic law enforcement system is a system in | 18 |
| a municipality or
county operated by a
governmental agency, in | 19 |
| cooperation with a law enforcement agency, that
produces a | 20 |
| recorded image of a motor vehicle's
violation of a provision of | 21 |
| this Code or a local ordinance
and is designed to obtain a | 22 |
| clear recorded image of the
vehicle and the vehicle's license | 23 |
| plate. The recorded image must also
display the time, date, and | 24 |
| location of the violation.
| 25 |
| (b) As used in this Section, "recorded images" means | 26 |
| images
recorded by an automated traffic law enforcement system | 27 |
| on:
| 28 |
| (1) 2 or more photographs;
| 29 |
| (2) 2 or more microphotographs;
| 30 |
| (3) 2 or more electronic images; or
| 31 |
| (4) a videotape showing the motor vehicle and, on at
| 32 |
| least one image or portion of tape, clearly identifying the
| 33 |
| registration plate number of the motor vehicle.
| 34 |
| (c) For each violation of a provision of this Code or a | 35 |
| local ordinance
recorded by an automatic
traffic law |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| enforcement system, the local law enforcement agency having
| 2 |
| jurisdiction shall issue a written citation and a notice of the
| 3 |
| violation to the registered owner of the vehicle as the alleged
| 4 |
| violator. The citation and notice shall be delivered to the | 5 |
| registered
owner of the vehicle, by mail, within 30 days of the | 6 |
| violation.
| 7 |
| The citation shall include:
| 8 |
| (1) the name and address of the registered owner of | 9 |
| the
vehicle;
| 10 |
| (2) the registration number of the motor vehicle
| 11 |
| involved in the violation;
| 12 |
| (3) the violation charged;
| 13 |
| (4) the location where the violation occurred;
| 14 |
| (5) the date and time of the violation;
| 15 |
| (6) a copy of the recorded images;
| 16 |
| (7) the amount of the civil penalty imposed and the | 17 |
| date
by which the civil penalty should be paid;
| 18 |
| (8) a signed statement by a technician employed by the
| 19 |
| agency that, based on inspection of recorded images, the | 20 |
| motor
vehicle was being operated in violation of a | 21 |
| automated traffic
law enforcement system;
| 22 |
| (9) a statement that recorded images are evidence of a
| 23 |
| violation of a red light signal;
and
| 24 |
| (10) warning that failure to pay the civil penalty or | 25 |
| to
contest liability in a timely manner is an admission of
| 26 |
| liability and may result in a suspension of the driving
| 27 |
| privileges of the registered owner of the vehicle.
| 28 |
| (d) The citation issued to the registered owner of the | 29 |
| vehicle
shall be accompanied by a written notice, the contents | 30 |
| of which is set
forth in subsection (e) of this Section, | 31 |
| explaining how the registered
owner of the vehicle can elect to | 32 |
| proceed by either paying the civil
penalty or challenging the | 33 |
| issuance of the citation.
| 34 |
| (e) The written notice explaining the alleged violator's | 35 |
| rights
and obligations must include the following text:
| 36 |
| "You have been served with the accompanying citation and |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| cited
with having violated Section 11-208.5 of the Illinois | 2 |
| Vehicle
Code. You can elect to proceed by:
| 3 |
| 1. paying the fine; or
| 4 |
| 2. challenging the issuance of the citation in | 5 |
| court."
| 6 |
| (f) If a person
charged with a traffic violation, as a | 7 |
| result of an automated traffic law
enforcement system, does not | 8 |
| pay or successfully contest the civil
penalty resulting from | 9 |
| that violation, the Secretary of State shall suspend the
| 10 |
| driving privileges of the
registered owner of the vehicle under | 11 |
| Section 6-306.5 of this Code for failing
to pay any fine or | 12 |
| penalty
due and owing as a result of 5 violations of the | 13 |
| automated traffic law
enforcement system.
| 14 |
| (g) Based on inspection of recorded images produced by an
| 15 |
| automated traffic law enforcement system, a citation or a copy | 16 |
| of a
citation alleging that the violation occurred and signed | 17 |
| by a duly
authorized agent of the agency shall be evidence of | 18 |
| the facts contained
in the citation or copy and admissible in | 19 |
| any proceeding alleging a
violation under this Section.
| 20 |
| (h) Recorded images made by an automatic traffic law
| 21 |
| enforcement system are confidential and shall be made
available | 22 |
| only to the alleged violator and governmental and
law | 23 |
| enforcement agencies for purposes of adjudicating a
violation | 24 |
| of this Section. Any recorded image evidencing a
violation of | 25 |
| this Section, however, is admissible in
any proceeding | 26 |
| resulting from the issuance of the citation
when there is | 27 |
| reasonable and sufficient proof of the accuracy
of the camera | 28 |
| or electronic instrument recording the image.
There is a | 29 |
| rebuttable presumption that the recorded image is
accurate if | 30 |
| the camera or electronic recording instrument was
in good | 31 |
| working order at the beginning and the end of the day
of the | 32 |
| alleged offense.
| 33 |
| (i) The court may consider in defense of a violation:
| 34 |
| (1) that the motor vehicle or registration plates of | 35 |
| the motor
vehicle were stolen before the violation occurred | 36 |
| and not
under the control of or in the possession of the |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| owner at
the time of the violation;
| 2 |
| (2) that the driver of the vehicle passed through the
| 3 |
| intersection when the light was red either (i) in order to
| 4 |
| yield the right-of-way to an emergency vehicle or (ii) as
| 5 |
| part of a funeral procession; and
| 6 |
| (3) any other evidence or issues that the Court deems | 7 |
| pertinent.
| 8 |
| (j) To demonstrate that the motor vehicle or the | 9 |
| registration
plates were stolen before the violation occurred | 10 |
| and were not under the
control or possession of the owner at | 11 |
| the time of the violation, the
owner must submit proof that a | 12 |
| police report concerning the stolen
motor vehicle or | 13 |
| registration plates was filed in a timely manner.
| 14 |
| (k) Unless the driver of the motor vehicle received a | 15 |
| Uniform
Traffic Citation from a police officer at the time of | 16 |
| the violation,
the motor vehicle owner is subject to a civil | 17 |
| penalty not exceeding
$500 if the motor vehicle is recorded by | 18 |
| an automated traffic law
enforcement system. A violation for | 19 |
| which a civil penalty is imposed
under this Section is not a | 20 |
| violation of a traffic regulation governing
the movement of | 21 |
| vehicles and may not be recorded on the driving record
of the | 22 |
| owner of the vehicle.
| 23 |
| (l) An intersection equipped with an automated traffic | 24 |
| law
enforcement system must be posted with a sign visible to | 25 |
| approaching traffic
indicating that the intersection is being | 26 |
| monitored by an automated
traffic law enforcement system.
| 27 |
| (m) The compensation paid for an automated traffic law | 28 |
| enforcement system
must be based on the value of the equipment | 29 |
| or the services provided and may
not be based on the number of | 30 |
| traffic citations issued or the revenue generated
by the | 31 |
| system.
| 32 |
| (625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
| 33 |
| Sec. 11-306. Traffic-control signal legend. Whenever | 34 |
| traffic is controlled
by traffic-control signals exhibiting | 35 |
| different colored lights or color
lighted arrows, successively |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| one at a time or in combination, only the
colors green, red and | 2 |
| yellow shall be used, except for special pedestrian
signals | 3 |
| carrying a word legend, and the lights shall indicate and apply | 4 |
| to
drivers of vehicles and pedestrians as follows:
| 5 |
| (a) Green indication.
| 6 |
| 1. Vehicular traffic facing a circular green signal | 7 |
| may
proceed
straight through or turn right or left unless a | 8 |
| sign at such place
prohibits either such turn. Vehicular | 9 |
| traffic, including vehicles turning
right or left, shall | 10 |
| yield the right of way to other vehicles and to
pedestrians | 11 |
| lawfully within the intersection or an adjacent crosswalk | 12 |
| at
the time such signal is exhibited.
| 13 |
| 2. Vehicular traffic facing a green arrow signal, | 14 |
| shown alone or in
combination with another indication, may | 15 |
| cautiously enter the intersection
only to make the movement | 16 |
| indicated by such arrow, or such other movement
as is | 17 |
| permitted by other indications shown at the same time. Such
| 18 |
| vehicular traffic shall yield the right of way to | 19 |
| pedestrians lawfully
within an adjacent crosswalk and to | 20 |
| other traffic lawfully using the
intersection.
| 21 |
| 3. Unless otherwise directed by a pedestrian-control | 22 |
| signal, as provided
in Section 11-307, pedestrians facing | 23 |
| any green signal, except when the
sole green signal is a | 24 |
| turn arrow, may proceed across the roadway within
any | 25 |
| marked or unmarked crosswalk.
| 26 |
| (b) Steady yellow indication.
| 27 |
| 1. Vehicular traffic facing a steady circular yellow | 28 |
| or yellow arrow
signal is thereby warned that the related | 29 |
| green movement is being
terminated or that a red indication | 30 |
| will be exhibited immediately thereafter.
| 31 |
| 2. Pedestrians facing a steady circular yellow or | 32 |
| yellow arrow signal,
unless otherwise directed by a | 33 |
| pedestrian-control signal as provided in
Section 11-307, | 34 |
| are thereby advised that there is insufficient time to
| 35 |
| cross the roadway before a red indication is shown and no | 36 |
| pedestrian shall
then start to cross the roadway.
|
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| (c) Steady red indication.
| 2 |
| 1. Except as provided in paragraph 3 of this | 3 |
| subsection (c),
vehicular traffic facing a steady circular | 4 |
| red signal alone shall stop at a
clearly marked stop line, | 5 |
| but if there is no such stop line, before
entering the | 6 |
| crosswalk on the near side of the intersection, or if there | 7 |
| is
no such crosswalk, then before entering the | 8 |
| intersection, and shall remain
standing until an | 9 |
| indication to proceed is shown.
| 10 |
| 2. Except as provided in paragraph 3 of this | 11 |
| subsection (c),
vehicular traffic facing a steady red arrow | 12 |
| signal shall not enter the
intersection to make the | 13 |
| movement indicated by the arrow and, unless
entering the | 14 |
| intersection to make a movement permitted by another | 15 |
| signal,
shall stop at a clearly marked stop line, but if | 16 |
| there is no such stop line,
before entering the crosswalk | 17 |
| on the near side of the intersection, or if
there is no | 18 |
| such crosswalk, then before entering the intersection, and
| 19 |
| shall remain standing until an indication permitting the | 20 |
| movement indicated
by such red arrow is shown.
| 21 |
| 3. Except when a sign is in place prohibiting a turn | 22 |
| and local
authorities by ordinance or State authorities by | 23 |
| rule or regulation
prohibit any such turn, vehicular | 24 |
| traffic facing any steady red signal may
cautiously enter | 25 |
| the intersection to turn right, or to turn left from a
| 26 |
| one-way street into a one-way street, after stopping as | 27 |
| required by
paragraph 1 or paragraph 2 of this subsection.
| 28 |
| After
stopping, the driver shall yield the right of way to | 29 |
| any vehicle in the
intersection or approaching on another | 30 |
| roadway so closely as to constitute
an immediate hazard | 31 |
| during the time such driver is moving across or within
the | 32 |
| intersection or junction or roadways. Such driver shall | 33 |
| yield the
right of way to pedestrians within the | 34 |
| intersection or an adjacent crosswalk.
| 35 |
| 4. Unless otherwise directed by a pedestrian-control | 36 |
| signal as provided
in Section 11-307, pedestrians facing a |
|
|
|
HB3463 Engrossed |
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LRB094 10034 DRH 40292 b |
|
| 1 |
| steady circular red or red arrow
signal alone shall not | 2 |
| enter the roadway.
| 3 |
| 5. A municipality with a population of 1,000,000 or | 4 |
| more
may enact an
ordinance that provides for the use of an
| 5 |
| automated red light enforcement system to enforce | 6 |
| violations of this subsection
(c) that result in or involve | 7 |
| a motor vehicle accident, leaving the scene of
a
motor | 8 |
| vehicle accident, or reckless driving that results in | 9 |
| bodily injury.
| 10 |
| This paragraph 5 is subject to prosecutorial | 11 |
| discretion that is
consistent
with applicable law.
| 12 |
| (d) In the event an official traffic control signal is
| 13 |
| erected and maintained
at a place other than an intersection, | 14 |
| the provisions of this Section shall
be applicable except as to | 15 |
| provisions which by their nature can have no
application. Any | 16 |
| stop required shall be at a traffic sign or a marking
on the | 17 |
| pavement indicating where the stop shall be made or, in the | 18 |
| absence
of such sign or marking, the stop shall be made at the | 19 |
| signal.
| 20 |
| (e) The motorman of any streetcar shall obey the above | 21 |
| signals as applicable
to vehicles.
| 22 |
| (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)
| 23 |
| (625 ILCS 5/1-105.5 rep.)
| 24 |
| Section 10. The Illinois Vehicle Code is amended by | 25 |
| repealing Section 1-105.5. | 26 |
| Section 99. Effective date. This Act takes effect upon | 27 |
| becoming law. |
|