Full Text of HB4835 94th General Assembly
HB4835ham004 94TH GENERAL ASSEMBLY
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Rep. Angelo Saviano
Filed: 3/1/2006
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09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
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| AMENDMENT TO HOUSE BILL 4835
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| AMENDMENT NO. ______. Amend House Bill 4835, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Illinois Vehicle Code is amended by
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| changing Sections 6-306.5, 11-208, 11-208.3, and 11-306 and | 7 |
| adding Sections 1-105.2 and
11-208.6 as
follows:
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| (625 ILCS 5/1-105.2 new)
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| Sec. 1-105.2. Automated traffic law violation. A violation | 10 |
| described in Section 11-208.6 of this Code.
| 11 |
| (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 12 |
| Sec. 6-306.5. Failure to pay fine or penalty for standing, | 13 |
| parking, or
compliance , or automated traffic law violations; | 14 |
| suspension of driving privileges.
| 15 |
| (a) Upon receipt of
a certified report,
as prescribed by | 16 |
| subsection (c) of
this Section, from
any municipality stating | 17 |
| that the owner of a registered vehicle has : (1) failed
to pay | 18 |
| any fine or penalty due and owing as a result of 10 or more | 19 |
| violations
of a
municipality's vehicular standing, parking, or | 20 |
| compliance
regulations established by
ordinance pursuant to | 21 |
| Section 11-208.3 of this Code, or (2) failed to pay any
fine or | 22 |
| penalty due and owing as a result of 5 offenses for automated | 23 |
| traffic
violations as defined in
Section 11-208.6, the |
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| Secretary of State
shall suspend the driving privileges of such | 2 |
| person in accordance with the
procedures set forth in this | 3 |
| Section.
The Secretary shall also suspend the driving | 4 |
| privileges of an owner of a
registered vehicle upon receipt of | 5 |
| a certified report, as prescribed by
subsection (f) of this | 6 |
| Section, from any municipality stating that such
person has | 7 |
| failed to satisfy any fines or penalties imposed by final | 8 |
| judgments
for 5 or more automated traffic law violations or 10 | 9 |
| or more violations of local standing, parking, or
compliance | 10 |
| regulations after
exhaustion of judicial review procedures.
| 11 |
| (b) Following receipt of the certified report of the | 12 |
| municipality as
specified in this Section, the Secretary of | 13 |
| State shall notify the person
whose name appears on the | 14 |
| certified report that
the person's
drivers license will be | 15 |
| suspended at the end of a specified period of time
unless the | 16 |
| Secretary of State is presented with a notice from the
| 17 |
| municipality certifying that the fine or penalty due
and owing | 18 |
| 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 | 20 |
| Secretary's notice
shall state in substance the information
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| contained in the municipality's certified report to the | 22 |
| Secretary, and
shall be effective as specified by subsection | 23 |
| (c) of Section 6-211 of this
Code.
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| (c) The report of the appropriate municipal official | 25 |
| notifying the
Secretary of State of unpaid fines or penalties | 26 |
| pursuant to this Section
shall be certified and shall contain | 27 |
| the following:
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| (1) The name, last known address as recorded with the | 29 |
| Secretary of State, as provided by the lessor of the cited | 30 |
| vehicle at the time of lease, or as recorded in a United | 31 |
| States Post Office approved database if any notice sent | 32 |
| under Section 11-208.3 of this Code is returned as | 33 |
| undeliverable, and drivers license number of the
person who | 34 |
| failed to pay the fine or
penalty and the registration |
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| number of any vehicle known to be registered
to such person | 2 |
| in this State.
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| (2) The name of the municipality making the report | 4 |
| pursuant to this
Section.
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| (3) A statement that the municipality sent a notice of | 6 |
| impending
drivers license suspension as prescribed by | 7 |
| ordinance enacted
pursuant to Section 11-208.3, to the | 8 |
| person named in the report at the
address recorded with the | 9 |
| Secretary of State or at the last address known to the | 10 |
| lessor of the cited vehicle at the time of lease or, if any | 11 |
| notice sent under Section 11-208.3 of this Code is returned | 12 |
| as undeliverable, at the last known address recorded in a | 13 |
| United States Post Office approved database; the date on | 14 |
| which such
notice was sent; and the address to which such | 15 |
| notice was sent.
In a municipality with a population of | 16 |
| 1,000,000 or more, the report shall
also include a | 17 |
| statement that the alleged violator's State vehicle | 18 |
| registration
number and vehicle make , if specified on the | 19 |
| automated traffic law violation notice, are correct as they | 20 |
| appear on the citations.
| 21 |
| (d) Any municipality making a certified report to the | 22 |
| Secretary of State
pursuant to this Section
shall notify the | 23 |
| Secretary of State, in a form prescribed by the
Secretary, | 24 |
| whenever a person named in the certified report has paid the
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| previously reported fine or penalty or whenever the | 26 |
| municipality determines
that the original report was in error. | 27 |
| A certified copy of such
notification shall also be given upon | 28 |
| request and at no additional charge
to the person named | 29 |
| therein. Upon receipt of the municipality's
notification or | 30 |
| 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 | 33 |
| Secretary of State
pursuant to this Section
shall also by | 34 |
| ordinance establish procedures for persons to
challenge the |
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| 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 | 3 |
| (1) the
person not having been the owner or lessee of the | 4 |
| vehicle or vehicles
receiving 10 or more standing, parking, or | 5 |
| compliance
violation notices or 5 or more automated traffic law | 6 |
| violations on the date or dates such notices were issued; and | 7 |
| (2) the
person
having already paid the fine or penalty for the | 8 |
| 10 or more standing, parking, or compliance violations or 5 or | 9 |
| more automated traffic law violations
indicated on the | 10 |
| certified report.
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| (f) Any municipality, other than a municipality | 12 |
| establishing vehicular
standing, parking, and compliance | 13 |
| regulations pursuant to
Section 11-208.3 or automated traffic | 14 |
| law regulations under Section 11-208.6 , may also
cause a | 15 |
| suspension of a person's drivers license pursuant to this | 16 |
| Section.
Such municipality may invoke this sanction by making a | 17 |
| certified report to
the Secretary of State upon a person's | 18 |
| failure to satisfy any fine or
penalty imposed by final | 19 |
| judgment for 10 or more violations of local
standing, parking, | 20 |
| or compliance regulations or 5 or more automated traffic law | 21 |
| violations after exhaustion
of judicial review
procedures, but | 22 |
| only if:
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| (1) the municipality complies with the provisions of | 24 |
| this Section in all
respects except in regard to enacting | 25 |
| an ordinance pursuant to Section
11-208.3;
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| (2) the municipality has sent a notice of impending
| 27 |
| drivers license suspension as prescribed by an ordinance | 28 |
| enacted pursuant to
subsection (g) of this Section; and
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| (3) in municipalities with a population of 1,000,000 or | 30 |
| more, the
municipality
has verified that the alleged | 31 |
| violator's State vehicle registration number and
vehicle | 32 |
| make are correct as they appear on the citations.
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| (g) Any municipality, other than a municipality | 34 |
| establishing
standing, parking, and compliance regulations |
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| pursuant to
Section 11-208.3 or automated traffic law | 2 |
| regulations under Section 11-208.6 , may provide by
ordinance | 3 |
| for the sending of a notice of impending
drivers license | 4 |
| suspension to the person who has failed to satisfy any fine
or | 5 |
| penalty imposed by final judgment for 10 or more violations of | 6 |
| local
standing, parking, or compliance regulations or 5 or more | 7 |
| automated traffic law violations after exhaustion
of
judicial | 8 |
| review
procedures. An ordinance so providing shall specify that | 9 |
| 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 | 11 |
| 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 | 13 |
| 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 | 16 |
| prepaid, to the
address
recorded with the Secretary of State or | 17 |
| at the last address known to the lessor of the cited vehicle at | 18 |
| the time of lease or, if any notice sent under Section 11-208.3 | 19 |
| of this Code is returned as undeliverable, to the last known | 20 |
| address recorded in a United States Post Office approved | 21 |
| database.
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| (h) An administrative hearing to contest an impending | 23 |
| suspension or a
suspension made pursuant to this Section may be | 24 |
| had upon filing a written
request with the Secretary of State. | 25 |
| The filing fee for this hearing shall
be $20, to be paid at the | 26 |
| time the request is made.
A municipality which files a | 27 |
| certified report with the Secretary of
State pursuant to this | 28 |
| Section shall reimburse the Secretary for all
reasonable costs | 29 |
| 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 | 31 |
| notice
required pursuant to subsection (b) and the costs | 32 |
| incurred by the Secretary
in any hearing conducted with respect | 33 |
| to the report pursuant to this
subsection and any appeal from | 34 |
| such a hearing.
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| (i) The provisions of this Section shall apply on and after | 2 |
| January 1, 1988.
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| (j) For purposes of this Section, the term "compliance | 4 |
| violation" is
defined as in Section 11-208.3.
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| (Source: P.A. 94-294, eff. 1-1-06.)
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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 |
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| requirement of a
registration fee;
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| 9. Regulating or prohibiting the turning of vehicles | 3 |
| or specified
types of vehicles at intersections;
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| 10. Altering the speed limits as authorized in | 5 |
| Section 11-604;
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| 11. Prohibiting U-turns;
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| 12. Prohibiting pedestrian crossings at other than | 8 |
| designated and marked
crosswalks or at intersections;
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| 13. Prohibiting parking during snow removal | 10 |
| operation;
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| 14. Imposing fines in accordance with Section | 12 |
| 11-1301.3 as penalties
for use of any parking place | 13 |
| reserved for persons with disabilities, as defined
by | 14 |
| Section 1-159.1, or disabled veterans by any person using a | 15 |
| motor
vehicle not bearing registration plates specified in | 16 |
| Section 11-1301.1
or a special decal or device as defined | 17 |
| in Section 11-1301.2
as evidence that the vehicle is | 18 |
| operated by or for a person
with disabilities or disabled | 19 |
| veteran;
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| 15. Adopting such other traffic regulations as are | 21 |
| specifically
authorized by this Code; or
| 22 |
| 16. Enforcing the provisions of subsection (f) of | 23 |
| Section 3-413 of this
Code or a similar local ordinance.
| 24 |
| (b) No ordinance or regulation enacted under subsections | 25 |
| 1, 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be | 26 |
| effective until signs giving
reasonable notice of such local | 27 |
| traffic regulations are posted.
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| (c) The provisions of this Code shall not prevent any
| 29 |
| municipality having a population of 500,000 or more inhabitants | 30 |
| from
prohibiting any person from driving or operating any motor | 31 |
| vehicle upon
the roadways of such municipality with headlamps | 32 |
| on high beam or bright.
| 33 |
| (d) The provisions of this Code shall not be deemed to | 34 |
| prevent local
authorities within the reasonable exercise of |
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| their police power from
prohibiting, on private property, the | 2 |
| unauthorized use of parking spaces
reserved for persons with | 3 |
| disabilities.
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| (e) No unit of local government, including a home rule | 5 |
| unit, may enact or
enforce an ordinance that applies only to | 6 |
| motorcycles if the principal purpose
for that ordinance is to | 7 |
| restrict the access of motorcycles to any highway or
portion of | 8 |
| a highway for which federal or State funds have been used for | 9 |
| the
planning, design, construction, or maintenance of that | 10 |
| highway. No unit of
local government, including a home rule | 11 |
| unit, may enact an ordinance requiring
motorcycle users to wear | 12 |
| protective headgear. Nothing in this subsection
(e) shall | 13 |
| affect the authority of a unit of local government to regulate
| 14 |
| motorcycles for traffic control purposes or in accordance with | 15 |
| Section 12-602
of this Code. No unit of local government, | 16 |
| including a home rule unit, may
regulate motorcycles in a | 17 |
| manner inconsistent with this Code. This subsection
(e) is a | 18 |
| limitation under subsection (i) of Section 6 of Article VII of | 19 |
| the
Illinois Constitution on the concurrent exercise by home | 20 |
| rule units of powers
and functions exercised by the State.
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| (f) A municipality or county designated in Section | 22 |
| 11-208.6 may enact an ordinance providing for an
automated | 23 |
| traffic law enforcement system to enforce violations of this | 24 |
| Code or
a similar provision of a local ordinance and imposing | 25 |
| liability on a registered owner of a vehicle used in such a | 26 |
| violation.
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| (Source: P.A. 90-106, eff. 1-1-98; 90-513, eff. 8-22-97; | 28 |
| 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 | 31 |
| of traffic
regulations concerning the standing, parking, or | 32 |
| condition of
vehicles and automated traffic law violations .
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| (a) Any municipality may provide by ordinance for a system |
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| of
administrative adjudication of vehicular standing and | 2 |
| parking violations and
vehicle compliance violations as | 3 |
| defined in this subsection and automated traffic law violations | 4 |
| as defined in Section 11-208.6 .
The administrative system shall | 5 |
| have as its purpose the fair and
efficient enforcement of | 6 |
| municipal regulations through the
administrative adjudication | 7 |
| of automated traffic law violations and violations of municipal | 8 |
| ordinances
regulating the standing and parking of vehicles, the | 9 |
| condition and use of
vehicle equipment, and the display of | 10 |
| municipal wheel tax licenses within the
municipality's
| 11 |
| borders. The administrative system shall only have authority to | 12 |
| adjudicate
civil offenses carrying fines not in excess of $250 | 13 |
| that occur after the
effective date of the ordinance adopting | 14 |
| such a system under this Section.
For purposes of this Section, | 15 |
| "compliance violation" means a violation of a
municipal | 16 |
| regulation governing the condition or use of equipment on a | 17 |
| vehicle
or governing the display of a municipal wheel tax | 18 |
| license.
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| (b) Any ordinance establishing a system of administrative | 20 |
| adjudication
under this Section shall provide for:
| 21 |
| (1) A traffic compliance administrator authorized to
| 22 |
| adopt, distribute and
process parking ,
and compliance , and | 23 |
| automated traffic law violation notices and other notices | 24 |
| required
by this
Section, collect money paid as fines and | 25 |
| penalties for violation of parking
and compliance
| 26 |
| ordinances and automated traffic law violations , and | 27 |
| operate an administrative adjudication system. The traffic
| 28 |
| compliance
administrator also may make a certified report | 29 |
| to the Secretary of State
under Section 6-306.5.
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| (2) A parking, standing, or compliance , or automated | 31 |
| traffic law violation notice
that
shall specify the date,
| 32 |
| time, and place of violation of a parking, standing, or | 33 |
| compliance , or automated traffic law
regulation; the | 34 |
| particular regulation
violated; the fine and any penalty |
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| that may be assessed for late payment,
when so provided by | 2 |
| ordinance; the vehicle make and state registration
number; | 3 |
| and the identification number of the
person issuing the | 4 |
| notice.
With regard to automated traffic law violations, | 5 |
| vehicle make shall be specified on the automated traffic | 6 |
| law violation notice if the make is available and readily | 7 |
| discernible. With regard to municipalities with a | 8 |
| population of 1 million or more, it
shall be grounds for
| 9 |
| dismissal of a parking
violation if the State registration | 10 |
| number or vehicle make specified is
incorrect. The | 11 |
| violation notice shall state that the payment of the | 12 |
| indicated
fine, and of any applicable penalty for late | 13 |
| payment, shall operate as a
final disposition of the | 14 |
| violation. The notice also shall contain
information as to | 15 |
| the availability of a hearing in which the violation may
be | 16 |
| contested on its merits. The violation notice shall specify | 17 |
| the
time and manner in which a hearing may be had.
| 18 |
| (3) Service of the parking, standing, or compliance
| 19 |
| violation notice by affixing the
original or a facsimile of | 20 |
| the notice to an unlawfully parked vehicle or by
handing | 21 |
| the notice to the operator of a vehicle if he or she is
| 22 |
| present and service of an automated traffic law violation | 23 |
| notice by mail to the
address
of the registered owner of | 24 |
| the cited vehicle as recorded with the Secretary of
State | 25 |
| within 30 days after the Secretary of State notifies the | 26 |
| municipality or county of the identity of the owner of the | 27 |
| vehicle, but in no event later than 90 days after the | 28 |
| violation . A person authorized by ordinance to issue and | 29 |
| serve parking,
standing, and compliance
violation notices | 30 |
| shall certify as to the correctness of the facts entered
on | 31 |
| the violation notice by signing his or her name to the | 32 |
| notice at
the time of service or in the case of a notice | 33 |
| produced by a computerized
device, by signing a single | 34 |
| certificate to be kept by the traffic
compliance
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| administrator attesting to the correctness of all notices | 2 |
| produced by the
device while it was under his or her | 3 |
| control. In the case of an automated traffic law violation, | 4 |
| the ordinance shall
require
a
determination by a technician | 5 |
| employed or contracted by the municipality or county that,
| 6 |
| based on inspection of recorded images, the motor vehicle | 7 |
| was being operated in
violation of Section 11-208.6 or a | 8 |
| local ordinance.
If the technician determines that the
| 9 |
| vehicle entered the intersection as part of a funeral | 10 |
| procession or in order to
yield the right-of-way to an | 11 |
| emergency vehicle, a citation shall not be issued. The | 12 |
| original or a
facsimile of the violation notice or, in the | 13 |
| case of a notice produced by a
computerized device, a | 14 |
| printed record generated by the device showing the facts
| 15 |
| entered on the notice, shall be retained by the
traffic | 16 |
| compliance
administrator, and shall be a record kept in the | 17 |
| ordinary course of
business. A parking, standing, or | 18 |
| compliance , or automated traffic law violation notice | 19 |
| issued,
signed and served in
accordance with this Section, | 20 |
| a copy of the notice, or the computer
generated record | 21 |
| shall be prima facie
correct and shall be prima facie | 22 |
| evidence of the correctness of the facts
shown on the | 23 |
| notice. The notice, copy, or computer generated
record | 24 |
| shall be admissible in any
subsequent administrative or | 25 |
| legal proceedings.
| 26 |
| (4) An opportunity for a hearing for the registered | 27 |
| owner of the
vehicle cited in the parking, standing, or | 28 |
| compliance , or automated traffic law violation notice in
| 29 |
| which the owner may
contest the merits of the alleged | 30 |
| violation, and during which formal or
technical rules of | 31 |
| evidence shall not apply; provided, however, that under
| 32 |
| Section 11-1306 of this Code the lessee of a vehicle cited | 33 |
| in the
violation notice likewise shall be provided an | 34 |
| opportunity for a hearing of
the same kind afforded the |
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| registered owner. The hearings shall be
recorded, and the | 2 |
| person conducting the hearing on behalf of the traffic
| 3 |
| compliance
administrator shall be empowered to administer | 4 |
| oaths and to secure by
subpoena both the attendance and | 5 |
| testimony of witnesses and the production
of relevant books | 6 |
| and papers. Persons appearing at a hearing under this
| 7 |
| Section may be represented by counsel at their expense. The | 8 |
| ordinance may
also provide for internal administrative | 9 |
| review following the decision of
the hearing officer.
| 10 |
| (5) Service of additional notices, sent by first class | 11 |
| United States
mail, postage prepaid, to the address of the | 12 |
| registered owner of the cited
vehicle as recorded with the | 13 |
| Secretary of State or, if any notice to that address is | 14 |
| returned as undeliverable, to the last known address | 15 |
| recorded in a United States Post Office approved database,
| 16 |
| or, under Section 11-1306
of this Code, to the lessee of | 17 |
| the cited vehicle at the last address known
to the lessor | 18 |
| of the cited vehicle at the time of lease or, if any notice | 19 |
| to that address is returned as undeliverable, to the last | 20 |
| known address recorded in a United States Post Office | 21 |
| approved database.
The service shall
be deemed complete as | 22 |
| of the date of deposit in the United States mail.
The | 23 |
| notices shall be in the following sequence and shall | 24 |
| include but not be
limited to the information specified | 25 |
| herein:
| 26 |
| (i) A second notice of parking, standing, or | 27 |
| compliance violation. This notice shall specify the
| 28 |
| date and location of the violation cited in the | 29 |
| parking,
standing,
or compliance violation
notice, the | 30 |
| particular regulation violated, the vehicle
make and | 31 |
| state registration number, the fine and any penalty | 32 |
| that may be
assessed for late payment when so provided | 33 |
| by ordinance, the availability
of a hearing in which | 34 |
| the violation may be contested on its merits, and the
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| time and manner in which the hearing may be had. The | 2 |
| notice of violation
shall also state that failure | 3 |
| either to pay the indicated fine and any
applicable | 4 |
| penalty, or to appear at a hearing on the merits in the | 5 |
| time and
manner specified, will result in a final | 6 |
| determination of violation
liability for the cited | 7 |
| violation in the amount of the fine or penalty
| 8 |
| indicated, and that, upon the occurrence of a final | 9 |
| determination of violation liability for the failure, | 10 |
| and the exhaustion of, or
failure to exhaust, available | 11 |
| administrative or judicial procedures for
review, any | 12 |
| unpaid fine or penalty will constitute a debt due and | 13 |
| owing
the municipality.
| 14 |
| (ii) A notice of final determination of parking, | 15 |
| standing, or
compliance , or automated traffic law | 16 |
| violation liability.
This notice shall be sent | 17 |
| following a final determination of parking,
standing, | 18 |
| or compliance , or automated traffic law
violation | 19 |
| liability and the conclusion of judicial review | 20 |
| procedures taken
under this Section. The notice shall | 21 |
| state that the unpaid fine or
penalty is a debt due and | 22 |
| owing the municipality. The notice shall contain
| 23 |
| warnings that failure to pay any fine or penalty due | 24 |
| and owing the
municipality within the time specified | 25 |
| may result in the municipality's
filing of a petition | 26 |
| in the Circuit Court to have the unpaid
fine or penalty | 27 |
| rendered a judgment as provided by this Section, or may
| 28 |
| result in suspension of the person's drivers license | 29 |
| for failure to pay
fines or penalties for 10 or more | 30 |
| parking violations under Section 6-306.5 or 5 or more | 31 |
| automated traffic law violations under Section | 32 |
| 11-208.6 .
| 33 |
| (6) A Notice of impending drivers license suspension. | 34 |
| This
notice shall be sent to the person liable for any fine |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
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| 1 |
| or penalty that
remains due and owing on 10 or more parking
| 2 |
| violations or 5 or more unpaid automated traffic law | 3 |
| violations . The notice
shall state that failure to pay the | 4 |
| fine or penalty owing within 45 days of
the notice's date | 5 |
| will result in the municipality notifying the Secretary
of | 6 |
| State that the person is eligible for initiation of | 7 |
| suspension
proceedings under Section 6-306.5 of this Code. | 8 |
| The notice shall also state
that the person may obtain a | 9 |
| photostatic copy of an original ticket imposing a
fine or | 10 |
| penalty by sending a self addressed, stamped envelope to | 11 |
| the
municipality along with a request for the photostatic | 12 |
| copy.
The notice of impending
drivers license suspension | 13 |
| shall be sent by first class United States mail,
postage | 14 |
| prepaid, to the address recorded with the Secretary of | 15 |
| State or, if any notice to that address is returned as | 16 |
| undeliverable, to the last known address recorded in a | 17 |
| United States Post Office approved database.
| 18 |
| (7) Final determinations of violation liability. A | 19 |
| final
determination of violation liability shall occur | 20 |
| following failure
to pay the fine or penalty after a | 21 |
| hearing officer's determination of violation liability and | 22 |
| the exhaustion of or failure to exhaust any
administrative | 23 |
| review procedures provided by ordinance. Where a person
| 24 |
| fails to appear at a hearing to contest the alleged | 25 |
| violation in the time
and manner specified in a prior | 26 |
| mailed notice, the hearing officer's
determination of | 27 |
| violation liability shall become final: (A) upon
denial of | 28 |
| a timely petition to set aside that determination, or (B) | 29 |
| upon
expiration of the period for filing the petition | 30 |
| without a
filing having been made.
| 31 |
| (8) A petition to set aside a determination of parking, | 32 |
| standing, or
compliance , or automated traffic law | 33 |
| violation
liability that may be filed by a person owing an | 34 |
| unpaid fine or penalty.
The petition shall be filed with |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| and ruled upon by the traffic compliance
administrator in | 2 |
| the manner and within the time specified by ordinance.
The | 3 |
| grounds for the petition may be limited to: (A) the person | 4 |
| not having
been the owner or lessee of the cited vehicle on | 5 |
| the date the
violation notice was issued, (B) the person | 6 |
| having already paid the fine or
penalty for the violation | 7 |
| in question, and (C) excusable failure to
appear at or
| 8 |
| request a new date for a hearing.
With regard to | 9 |
| municipalities with a population of 1 million or more, it
| 10 |
| shall be grounds for
dismissal of a
parking violation if | 11 |
| the State registration number , or vehicle make if | 12 |
| specified , is
incorrect. After the determination of
| 13 |
| parking, standing, or compliance , or automated traffic law | 14 |
| violation liability has been set aside
upon a showing of | 15 |
| just
cause, the registered owner shall be provided with a | 16 |
| hearing on the merits
for that violation.
| 17 |
| (9) Procedures for non-residents. Procedures by which | 18 |
| persons who are
not residents of the municipality may | 19 |
| contest the merits of the alleged
violation without | 20 |
| attending a hearing.
| 21 |
| (10) A schedule of civil fines for violations of | 22 |
| vehicular standing,
parking, and compliance , or automated | 23 |
| traffic law regulations enacted by ordinance pursuant to | 24 |
| this
Section, and a
schedule of penalties for late payment | 25 |
| of the fines, provided, however,
that the total amount of | 26 |
| the fine and penalty for any one violation shall
not exceed | 27 |
| $250.
| 28 |
| (11) Other provisions as are necessary and proper to | 29 |
| carry into
effect the powers granted and purposes stated in | 30 |
| this Section.
| 31 |
| (c) Any municipality establishing vehicular standing, | 32 |
| parking,
and compliance , or automated traffic law
regulations | 33 |
| under this Section may also provide by ordinance for a
program | 34 |
| of vehicle immobilization for the purpose of facilitating
|
|
|
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09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
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| 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 a | 14 |
| right to a
hearing to challenge the validity of the notice | 15 |
| 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 , or 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 |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| Administrative Review Law.
| 2 |
| (e) Any fine, penalty, or part of any fine or any penalty | 3 |
| remaining
unpaid after the exhaustion of, or the failure to | 4 |
| exhaust, administrative
remedies created under this Section | 5 |
| and the conclusion of any judicial
review procedures shall be a | 6 |
| debt due and owing the municipality and, as
such, may be | 7 |
| collected in accordance with applicable law. Payment in full
of | 8 |
| any fine or penalty resulting from a standing, parking, or
| 9 |
| compliance , or automated traffic law violation shall
| 10 |
| constitute a final disposition of that violation.
| 11 |
| (f) After the expiration of the period within which | 12 |
| judicial review may
be sought for a final determination of | 13 |
| parking, standing, or compliance , or automated traffic law
| 14 |
| violation, the municipality
may commence a proceeding in the | 15 |
| Circuit Court for purposes of obtaining a
judgment on the final | 16 |
| determination of violation. Nothing in this
Section shall | 17 |
| prevent a municipality from consolidating multiple final
| 18 |
| determinations of parking, standing, or compliance , or | 19 |
| automated traffic law violations
violation against a
person in | 20 |
| a proceeding.
Upon commencement of the action, the municipality | 21 |
| shall file a certified
copy or record of the final | 22 |
| determination of parking, standing, or compliance , or | 23 |
| automated traffic law
violation, which shall be
accompanied by | 24 |
| a certification that recites facts sufficient to show that
the | 25 |
| final determination of violation was
issued in accordance with | 26 |
| this Section and the applicable municipal
ordinance. Service of | 27 |
| the summons and a copy of the petition may be by
any method | 28 |
| provided by Section 2-203 of the Code of Civil Procedure or by
| 29 |
| certified mail, return receipt requested, provided that the | 30 |
| total amount of
fines and penalties for final determinations of | 31 |
| parking, standing, or
compliance , or automated traffic law | 32 |
| violations does not
exceed $2500. If the court is satisfied | 33 |
| that the final determination of
parking, standing, or | 34 |
| compliance , or automated traffic law violation was entered in |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| accordance with
the requirements of
this Section and the | 2 |
| applicable municipal ordinance, and that the registered
owner | 3 |
| or the lessee, as the case may be, had an opportunity for an
| 4 |
| administrative hearing and for judicial review as provided in | 5 |
| this Section,
the court shall render judgment in favor of the | 6 |
| municipality and against
the registered owner or the lessee for | 7 |
| the amount indicated in the final
determination of parking, | 8 |
| standing, or compliance , or automated traffic law violation, | 9 |
| plus costs.
The judgment shall have
the same effect and may be | 10 |
| enforced in the same manner as other judgments
for the recovery | 11 |
| of money.
| 12 |
| (Source: P.A. 94-294, eff. 1-1-06.)
| 13 |
| (625 ILCS 5/11-208.6 new)
| 14 |
| Sec. 11-208.6. Automated traffic law enforcement system.
| 15 |
| (a) As used in this Section, "automated traffic law | 16 |
| enforcement
system" means a device with one or more motor | 17 |
| vehicle sensors working
in conjunction with a red light signal | 18 |
| to produce recorded images of
motor vehicles entering an | 19 |
| intersection against a red signal
indication in violation of | 20 |
| Section 11-306 of this Code or a similar provision
of a local | 21 |
| ordinance.
| 22 |
| An
automated traffic law enforcement system is a system, in | 23 |
| a municipality or
county operated by a
governmental agency, | 24 |
| that
produces a recorded image of a motor vehicle's
violation | 25 |
| of a provision of this Code or a local ordinance
and is | 26 |
| designed to obtain a clear recorded image of the
vehicle and | 27 |
| the vehicle's license plate. The recorded image must also
| 28 |
| display the time, date, and location of the violation.
| 29 |
| (b) As used in this Section, "recorded images" means | 30 |
| images
recorded by an automated traffic law enforcement system | 31 |
| on:
| 32 |
| (1) 2 or more photographs;
| 33 |
| (2) 2 or more microphotographs;
|
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| (3) 2 or more electronic images; or
| 2 |
| (4) a video recording showing the motor vehicle and, | 3 |
| on at
least one image or portion of the recording, clearly | 4 |
| identifying the
registration plate number of the motor | 5 |
| vehicle.
| 6 |
| (c) A county or municipality, including a home rule county | 7 |
| or municipality, may not use an automated traffic enforcement | 8 |
| system to provide recorded images of a motor vehicle for the | 9 |
| purpose of recording its speed. This subsection (c) is a denial | 10 |
| and limitation of home rule powers and functions under | 11 |
| subsection (g) of Section 6 of Article VII of the Illinois | 12 |
| Constitution.
| 13 |
| (d) For each violation of a provision of this Code or a | 14 |
| local ordinance
recorded by an automatic
traffic law | 15 |
| enforcement system, the county or municipality having
| 16 |
| jurisdiction shall issue a written notice of the
violation to | 17 |
| the registered owner of the vehicle as the alleged
violator. | 18 |
| The notice shall be delivered to the registered
owner of the | 19 |
| vehicle, by mail, within 30 days after the Secretary of State | 20 |
| notifies the municipality or county of the identity of the | 21 |
| owner of the vehicle, but in no event later than 90 days after | 22 |
| the violation.
| 23 |
| The notice shall include:
| 24 |
| (1) the name and address of the registered owner of | 25 |
| the
vehicle;
| 26 |
| (2) the registration number of the motor vehicle
| 27 |
| involved in the violation;
| 28 |
| (3) the violation charged;
| 29 |
| (4) the location where the violation occurred;
| 30 |
| (5) the date and time of the violation;
| 31 |
| (6) a copy of the recorded images;
| 32 |
| (7) the amount of the civil penalty imposed and the | 33 |
| date
by which the civil penalty should be paid;
| 34 |
| (8) a statement that recorded images are evidence of a
|
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| violation of a red light signal;
| 2 |
| (9) a warning that failure to pay the civil penalty or | 3 |
| to
contest liability in a timely manner is an admission of
| 4 |
| liability and may result in a suspension of the driving
| 5 |
| privileges of the registered owner of the vehicle; and
| 6 |
| (10) a statement that the person may elect to proceed | 7 |
| by:
| 8 |
| (A) paying the fine; or
| 9 |
| (B) challenging the charge in court, by mail, or | 10 |
| by administrative hearing.
| 11 |
| (e) If a person
charged with a traffic violation, as a | 12 |
| result of an automated traffic law
enforcement system, does not | 13 |
| pay or successfully contest the civil
penalty resulting from | 14 |
| that violation, the Secretary of State shall suspend the
| 15 |
| driving privileges of the
registered owner of the vehicle under | 16 |
| Section 6-306.5 of this Code for failing
to pay any fine or | 17 |
| penalty
due and owing as a result of 5 violations of the | 18 |
| automated traffic law
enforcement system.
| 19 |
| (f) Based on inspection of recorded images produced by an
| 20 |
| automated traffic law enforcement system, a notice alleging | 21 |
| that the violation occurred shall be evidence of the facts | 22 |
| contained
in the notice and admissible in any proceeding | 23 |
| alleging a
violation under this Section.
| 24 |
| (g) Recorded images made by an automatic traffic law
| 25 |
| enforcement system are confidential and shall be made
available | 26 |
| only to the alleged violator and governmental and
law | 27 |
| enforcement agencies for purposes of adjudicating a
violation | 28 |
| of this Section, for statistical purposes, or for other | 29 |
| governmental purposes. Any recorded image evidencing a
| 30 |
| violation of this Section, however, may be admissible in
any | 31 |
| proceeding resulting from the issuance of the citation.
| 32 |
| (h) The court or hearing officer may consider in defense | 33 |
| of a violation:
| 34 |
| (1) that the motor vehicle or registration plates of |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| the motor
vehicle were stolen before the violation occurred | 2 |
| and not
under the control of or in the possession of the | 3 |
| owner at
the time of the violation;
| 4 |
| (2) that the driver of the vehicle passed through the
| 5 |
| intersection when the light was red either (i) in order to
| 6 |
| yield the right-of-way to an emergency vehicle or (ii) as
| 7 |
| part of a funeral procession; and
| 8 |
| (3) any other evidence or issues provided by | 9 |
| municipal or county ordinance.
| 10 |
| (i) To demonstrate that the motor vehicle or the | 11 |
| registration
plates were stolen before the violation occurred | 12 |
| and were not under the
control or possession of the owner at | 13 |
| the time of the violation, the
owner must submit proof that a | 14 |
| report concerning the stolen
motor vehicle or registration | 15 |
| plates was filed with a law enforcement agency in a timely | 16 |
| manner.
| 17 |
| (j) Unless the driver of the motor vehicle received a | 18 |
| Uniform
Traffic Citation from a police officer at the time of | 19 |
| the violation,
the motor vehicle owner is subject to a civil | 20 |
| penalty not exceeding
$100, plus an additional penalty of not | 21 |
| more than $100 for failure to pay the original penalty in a | 22 |
| timely manner, if the motor vehicle is recorded by an automated | 23 |
| traffic law
enforcement system. A violation for which a civil | 24 |
| penalty is imposed
under this Section is not a violation of a | 25 |
| traffic regulation governing
the movement of vehicles and may | 26 |
| not be recorded on the driving record
of the owner of the | 27 |
| vehicle.
| 28 |
| (k) An intersection equipped with an automated traffic | 29 |
| law
enforcement system must be posted with a sign visible to | 30 |
| approaching traffic
indicating that the intersection is being | 31 |
| monitored by an automated
traffic law enforcement system.
| 32 |
| (l) The compensation paid for an automated traffic law | 33 |
| enforcement system
must be based on the value of the equipment | 34 |
| or the services provided and may
not be based on the number of |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| traffic citations issued or the revenue generated
by the | 2 |
| system.
| 3 |
| (m) This Section applies only to the counties of Cook, | 4 |
| DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 5 |
| to municipalities located within those counties.
| 6 |
| (625 ILCS 5/11-306)
(from Ch. 95 1/2, par. 11-306)
| 7 |
| Sec. 11-306. Traffic-control signal legend. Whenever | 8 |
| traffic is controlled
by traffic-control signals exhibiting | 9 |
| different colored lights or color
lighted arrows, successively | 10 |
| one at a time or in combination, only the
colors green, red and | 11 |
| yellow shall be used, except for special pedestrian
signals | 12 |
| carrying a word legend, and the lights shall indicate and apply | 13 |
| to
drivers of vehicles and pedestrians as follows:
| 14 |
| (a) Green indication.
| 15 |
| 1. Vehicular traffic facing a circular green signal | 16 |
| may
proceed
straight through or turn right or left unless a | 17 |
| sign at such place
prohibits either such turn. Vehicular | 18 |
| traffic, including vehicles turning
right or left, shall | 19 |
| yield the right of way to other vehicles and to
pedestrians | 20 |
| lawfully within the intersection or an adjacent crosswalk | 21 |
| at
the time such signal is exhibited.
| 22 |
| 2. Vehicular traffic facing a green arrow signal, | 23 |
| shown alone or in
combination with another indication, may | 24 |
| cautiously enter the intersection
only to make the movement | 25 |
| indicated by such arrow, or such other movement
as is | 26 |
| permitted by other indications shown at the same time. Such
| 27 |
| vehicular traffic shall yield the right of way to | 28 |
| pedestrians lawfully
within an adjacent crosswalk and to | 29 |
| other traffic lawfully using the
intersection.
| 30 |
| 3. Unless otherwise directed by a pedestrian-control | 31 |
| signal, as provided
in Section 11-307, pedestrians facing | 32 |
| any green signal, except when the
sole green signal is a | 33 |
| turn arrow, may proceed across the roadway within
any |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| marked or unmarked crosswalk.
| 2 |
| (b) Steady yellow indication.
| 3 |
| 1. Vehicular traffic facing a steady circular yellow | 4 |
| or yellow arrow
signal is thereby warned that the related | 5 |
| green movement is being
terminated or that a red indication | 6 |
| will be exhibited immediately thereafter.
| 7 |
| 2. Pedestrians facing a steady circular yellow or | 8 |
| yellow arrow signal,
unless otherwise directed by a | 9 |
| pedestrian-control signal as provided in
Section 11-307, | 10 |
| are thereby advised that there is insufficient time to
| 11 |
| cross the roadway before a red indication is shown and no | 12 |
| pedestrian shall
then start to cross the roadway.
| 13 |
| (c) Steady red indication.
| 14 |
| 1. Except as provided in paragraph 3 of this | 15 |
| subsection (c),
vehicular traffic facing a steady circular | 16 |
| red signal alone shall stop at a
clearly marked stop line, | 17 |
| but if there is no such stop line, before
entering the | 18 |
| crosswalk on the near side of the intersection, or if there | 19 |
| is
no such crosswalk, then before entering the | 20 |
| intersection, and shall remain
standing until an | 21 |
| indication to proceed is shown.
| 22 |
| 2. Except as provided in paragraph 3 of this | 23 |
| subsection (c),
vehicular traffic facing a steady red arrow | 24 |
| signal shall not enter the
intersection to make the | 25 |
| movement indicated by the arrow and, unless
entering the | 26 |
| intersection to make a movement permitted by another | 27 |
| signal,
shall stop at a clearly marked stop line, but if | 28 |
| there is no such stop line,
before entering the crosswalk | 29 |
| on the near side of the intersection, or if
there is no | 30 |
| such crosswalk, then before entering the intersection, and
| 31 |
| shall remain standing until an indication permitting the | 32 |
| movement indicated
by such red arrow is shown.
| 33 |
| 3. Except when a sign is in place prohibiting a turn | 34 |
| and local
authorities by ordinance or State authorities by |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| rule or regulation
prohibit any such turn, vehicular | 2 |
| traffic facing any steady red signal may
cautiously enter | 3 |
| the intersection to turn right, or to turn left from a
| 4 |
| one-way street into a one-way street, after stopping as | 5 |
| required by
paragraph 1 or paragraph 2 of this subsection.
| 6 |
| After
stopping, the driver shall yield the right of way to | 7 |
| any vehicle in the
intersection or approaching on another | 8 |
| roadway so closely as to constitute
an immediate hazard | 9 |
| during the time such driver is moving across or within
the | 10 |
| intersection or junction or roadways. Such driver shall | 11 |
| yield the
right of way to pedestrians within the | 12 |
| intersection or an adjacent crosswalk.
| 13 |
| 4. Unless otherwise directed by a pedestrian-control | 14 |
| signal as provided
in Section 11-307, pedestrians facing a | 15 |
| steady circular red or red arrow
signal alone shall not | 16 |
| enter the roadway.
| 17 |
| 5. A municipality with a population of 1,000,000 or | 18 |
| more
may enact an
ordinance that provides for the use of an
| 19 |
| automated red light enforcement system to enforce | 20 |
| violations of this subsection
(c) that result in or involve | 21 |
| a motor vehicle accident, leaving the scene of
a
motor | 22 |
| vehicle accident, or reckless driving that results in | 23 |
| bodily injury.
| 24 |
| This paragraph 5 is subject to prosecutorial | 25 |
| discretion that is
consistent
with applicable law.
| 26 |
| (d) In the event an official traffic control signal is
| 27 |
| erected and maintained
at a place other than an intersection, | 28 |
| the provisions of this Section shall
be applicable except as to | 29 |
| provisions which by their nature can have no
application. Any | 30 |
| stop required shall be at a traffic sign or a marking
on the | 31 |
| pavement indicating where the stop shall be made or, in the | 32 |
| absence
of such sign or marking, the stop shall be made at the | 33 |
| signal.
| 34 |
| (e) The motorman of any streetcar shall obey the above |
|
|
|
09400HB4835ham004 |
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LRB094 19060 DRH 56846 a |
|
| 1 |
| signals as applicable
to vehicles.
| 2 |
| (Source: P.A. 90-86, eff. 7-10-97; 91-357, eff. 7-29-99.)
| 3 |
| (625 ILCS 5/1-105.5 rep.)
| 4 |
| Section 10. The Illinois Vehicle Code is amended by | 5 |
| repealing Section 1-105.5. | 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|