Full Text of SB2808 94th General Assembly
SB2808 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2808
Introduced 1/20/2006, by Sen. James F. Clayborne, Jr. SYNOPSIS AS INTRODUCED: |
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625 ILCS 5/4-203 |
from Ch. 95 1/2, par. 4-203 |
625 ILCS 5/4-207 |
from Ch. 95 1/2, par. 4-207 |
625 ILCS 5/18a-300 |
from Ch. 95 1/2, par. 18a-300 |
625 ILCS 5/18a-501 |
from Ch. 95 1/2, par. 18a-501 |
815 ILCS 306/70 |
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815 ILCS 306/71 new |
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815 ILCS 308/60 |
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815 ILCS 308/61 new |
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Amends the Illinois Vehicle Code, the Automotive Repair Act, and the Automotive Collision Repair Act. Provides that, when a vehicle is towed or hauled away, the relocator or possessor of the vehicle must, within 10 days of relocation, notify the registered owner and any lienholders of the vehicle that the vehicle has been relocated. Provides that if the Secretary of State does not provide to the relocator or possessor the name and address of the registered owner and any lienholders of the vehicle within 10 days after the relocator or possessor took possession of the vehicle, the required notice must be sent no later than 3 business days after the required information has been furnished. Provides that, if the required notification is not given within the required period, storage charges may not exceed those either for 10 days or for the period ending 3 business days after the Secretary of State provided ownership or lienholder information. Provides that, if notification is provided within the required period, the relocator or possessor is entitled to recover charges for the number of days in storage. Provides that the relocator or possessor is entitled to charge the lienholder for the reasonable costs of a title search necessary to identify the lienholder. Provides that no vehicle shall be released until all authorized charges have been paid. Provides that a lienholder is entitled to one free inspection of the vehicle. Provides in the Automotive Repair Act and the Automotive Collision Repair Act, that if a consumer fails to remove a vehicle within 15 days of being notified the repairs are complete, the automotive repair facility must request vehicle owner or lienholder information from the Secretary of State. Provides that notification and a statement of charges must be sent within 3 business days after owner or lienholder information is received from the Secretary of State. Provides that documentation of the charges must be provided without charge if requested. Provides that if the required notice is not sent, the repairer may claim storage or holding charges only for the first 15 days after notification that repairs were complete. Makes other changes. Effective September 1, 2006.
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A BILL FOR
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SB2808 |
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LRB094 16082 DRH 53778 b |
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| AN ACT concerning vehicles.
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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 4-203, 4-207, 18a-300, and 18a-501 as follows: | 6 |
| (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203) | 7 |
| Sec. 4-203. Removal of motor vehicles or other vehicles; | 8 |
| Towing or
hauling away.
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| (a) When a vehicle is abandoned, or left unattended, on a | 10 |
| toll
highway, interstate highway, or expressway for 2 hours or | 11 |
| more, its
removal by a towing service may be authorized by a | 12 |
| law enforcement
agency having jurisdiction.
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| (b) When a vehicle is abandoned on a highway in an urban | 14 |
| district 10
hours or more, its removal by a towing service may | 15 |
| be authorized by a
law enforcement agency having jurisdiction.
| 16 |
| (c) When a vehicle is abandoned or left unattended on a | 17 |
| highway
other than a toll highway, interstate highway, or | 18 |
| expressway, outside of
an urban district for 24 hours or more, | 19 |
| its removal by a towing service
may be authorized by a law | 20 |
| enforcement agency having jurisdiction.
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| (d) When an abandoned, unattended, wrecked, burned or | 22 |
| partially
dismantled vehicle is creating a traffic hazard | 23 |
| because of its position
in relation to the highway or its | 24 |
| physical appearance is causing the
impeding of traffic, its | 25 |
| immediate removal from the highway or private
property adjacent | 26 |
| to the highway by a towing service may be authorized
by a law | 27 |
| enforcement agency having jurisdiction.
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| (e) Whenever a
peace officer reasonably believes that a | 29 |
| person under
arrest for a violation of Section 11-501 of this | 30 |
| Code or a similar
provision of a local ordinance is likely, | 31 |
| upon release, to commit a
subsequent violation of Section | 32 |
| 11-501, or a similar provision of a local
ordinance, the |
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| arresting officer shall have the vehicle which the person
was | 2 |
| operating at the time of the arrest impounded for a period of | 3 |
| not more
than 12 hours after the time of arrest. However, such | 4 |
| vehicle may be
released by the arresting law enforcement agency | 5 |
| prior to the end of the
impoundment period if:
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| (1) the vehicle was not owned by the person under | 7 |
| arrest, and the lawful
owner requesting such release | 8 |
| possesses a valid operator's license, proof
of ownership, | 9 |
| and would not, as determined by the arresting law | 10 |
| enforcement
agency, indicate a lack of ability to operate a | 11 |
| motor vehicle in a safe
manner, or who would otherwise, by | 12 |
| operating such motor vehicle, be in
violation of this Code; | 13 |
| or
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| (2) the vehicle is owned by the person under arrest, | 15 |
| and the person
under arrest gives permission to another | 16 |
| person to operate such vehicle,
provided however, that the | 17 |
| other person possesses a valid operator's license
and would | 18 |
| not, as determined by the arresting law enforcement
agency, | 19 |
| indicate a lack of ability to operate a motor vehicle in a | 20 |
| safe
manner or who would otherwise, by operating such motor | 21 |
| vehicle, be in
violation of this Code.
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| (e-5) Whenever a registered owner of a vehicle is taken | 23 |
| into custody for
operating the vehicle in violation of Section | 24 |
| 11-501 of this Code or a similar
provision of a local ordinance | 25 |
| or Section 6-303 of this Code, a
law enforcement officer
may | 26 |
| have the vehicle immediately impounded for a period not less | 27 |
| than:
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| (1) 24 hours for a second violation of Section 11-501 | 29 |
| of this Code or a
similar provision of a local ordinance or | 30 |
| Section 6-303
of
this Code or a combination of these | 31 |
| offenses; or
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| (2) 48 hours for a third violation of Section 11-501 of | 33 |
| this Code or a
similar provision of a local ordinance or | 34 |
| Section 6-303 of this
Code or a combination of these | 35 |
| offenses.
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| The vehicle may be released sooner if the vehicle is owned |
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| by the person
under arrest and the person under arrest gives | 2 |
| permission to another person to
operate the vehicle and that | 3 |
| other person possesses a valid operator's license
and would | 4 |
| not, as determined by the arresting law enforcement agency, | 5 |
| indicate
a lack of ability to operate a motor vehicle in a safe | 6 |
| manner or would
otherwise, by operating the motor vehicle, be | 7 |
| in violation of this Code.
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| (f) Except as provided in Chapter 18a of this Code, the | 9 |
| owner or
lessor of privately owned real property within this | 10 |
| State, or any person
authorized by such owner or lessor, or any | 11 |
| law enforcement agency in the
case of publicly owned real | 12 |
| property may cause any motor vehicle abandoned
or left | 13 |
| unattended upon such property without permission to be removed | 14 |
| by a
towing service without liability for the costs of removal, | 15 |
| transportation
or storage or damage caused by such removal, | 16 |
| transportation or storage.
The towing or removal of any vehicle | 17 |
| from private property without the
consent of the registered | 18 |
| owner or other legally authorized person in
control of the | 19 |
| vehicle is subject to compliance with the following
conditions | 20 |
| and restrictions:
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| 1. Any towed or removed vehicle must be stored at the | 22 |
| site of the towing
service's place of business. The site | 23 |
| must be open during business hours,
and for the purpose of | 24 |
| redemption of vehicles, during the time that the
person or | 25 |
| firm towing such vehicle is open for towing purposes.
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| 2. The towing service shall within 30 minutes of | 27 |
| completion of such
towing or removal, notify the law | 28 |
| enforcement agency having jurisdiction of
such towing or | 29 |
| removal, and the make, model, color and license plate | 30 |
| number
of the vehicle, and shall obtain and record the name | 31 |
| of the person at the law
enforcement agency to whom such | 32 |
| information was reported.
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| 3. If the registered owner or legally authorized person | 34 |
| entitled to
possession of the vehicle shall arrive at the | 35 |
| scene prior to actual removal
or towing of the vehicle, the | 36 |
| vehicle shall be disconnected from the tow
truck and that |
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| person shall be allowed to remove the vehicle without
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| interference, upon the payment of a reasonable service fee | 3 |
| of not more than
one half the posted rate of the towing | 4 |
| service as provided in paragraph
6 of this subsection, for | 5 |
| which a receipt shall be given.
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| 4. The rebate or payment of money or any other valuable | 7 |
| consideration
from the towing service or its owners, | 8 |
| managers or employees to the owners
or operators of the | 9 |
| premises from which the vehicles are towed or removed,
for | 10 |
| the privilege of removing or towing those vehicles, is | 11 |
| prohibited. Any
individual who violates this paragraph | 12 |
| shall be guilty of a Class A
misdemeanor.
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| 5. Except for property appurtenant to and obviously a | 14 |
| part of a single
family residence, and except for instances | 15 |
| where notice is personally given
to the owner or other | 16 |
| legally authorized person in control of the vehicle
that | 17 |
| the area in which that vehicle is parked is reserved or | 18 |
| otherwise
unavailable to unauthorized vehicles and they | 19 |
| are subject to being removed
at the owner or operator's | 20 |
| expense, any property owner or lessor, prior to
towing or | 21 |
| removing any vehicle from private property without the | 22 |
| consent of
the owner or other legally authorized person in | 23 |
| control of that vehicle,
must post a notice meeting the | 24 |
| following requirements:
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| a. The notice must be prominently placed at each | 26 |
| driveway access or curb
cut allowing vehicular access | 27 |
| to the property within 5 feet from the public
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| right-of-way line. If there are no curbs or access | 29 |
| barriers, the sign must
be posted not less than one | 30 |
| sign each 100 feet of lot frontage.
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| b. The notice must indicate clearly, in not less | 32 |
| than 2 inch high
light-reflective letters on a | 33 |
| contrasting background, that unauthorized
vehicles | 34 |
| will be towed away at the owner's expense.
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| c. The notice must also provide the name and | 36 |
| current telephone
number of the towing service towing |
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| or removing the vehicle.
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| d. The sign structure containing the required | 3 |
| notices must be
permanently installed with the bottom | 4 |
| of the sign not less than 4 feet
above ground level, | 5 |
| and must be continuously maintained on the property for
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| not less than 24 hours prior to the towing or removing | 7 |
| of any vehicle.
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| 6. Any towing service that tows or removes vehicles and | 9 |
| proposes to
require the owner, operator, or person in | 10 |
| control of the vehicle to pay the
costs of towing and | 11 |
| storage prior to redemption of the vehicle must file
and | 12 |
| keep on record with the local law enforcement agency a | 13 |
| complete copy of
the current rates to be charged for such | 14 |
| services, and post at the storage
site an identical rate | 15 |
| schedule and any written contracts with property
owners, | 16 |
| lessors, or persons in control of property which authorize | 17 |
| them to
remove vehicles as provided in this Section.
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| 7. No person shall engage in the removal of vehicles | 19 |
| from private
property as described in this Section without | 20 |
| filing a notice of intent
in each community where he | 21 |
| intends to do such removal, and such
notice shall be filed | 22 |
| at least 7 days before commencing such towing.
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| 8. No removal of a vehicle from private property shall | 24 |
| be done except
upon express written instructions of the | 25 |
| owners or persons in charge of the
private property upon | 26 |
| which the vehicle is said to be trespassing.
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| 9. Vehicle entry for the purpose of removal shall be | 28 |
| allowed with
reasonable care on the part of the person or | 29 |
| firm towing the vehicle. Such
person or firm shall be | 30 |
| liable for any damages occasioned to the vehicle if
such | 31 |
| entry is not in accordance with the standards of reasonable | 32 |
| care.
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| 10. When a vehicle has been towed or removed pursuant | 34 |
| to this Section,
it must be released to its owner or | 35 |
| custodian within one half hour after
requested, if such | 36 |
| request is made during business hours. Any vehicle owner
or |
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| custodian or agent shall have the right to inspect the | 2 |
| vehicle before
accepting its return, and no release or | 3 |
| waiver of any kind which would
release the towing service | 4 |
| from liability for damages incurred during the
towing and | 5 |
| storage may be required from any vehicle owner or other | 6 |
| legally
authorized person as a condition of release of the | 7 |
| vehicle. A detailed,
signed receipt showing the legal name | 8 |
| of the towing service must be given
to the person paying | 9 |
| towing or storage charges at the time of payment,
whether | 10 |
| requested or not.
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| This Section shall not apply to law enforcement, | 12 |
| firefighting, rescue,
ambulance, or other emergency vehicles | 13 |
| which are marked as such or to
property owned by any | 14 |
| governmental entity.
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| When an authorized person improperly causes a motor vehicle | 16 |
| to be
removed, such person shall be liable to the owner or | 17 |
| lessee of the vehicle
for the cost or removal, transportation | 18 |
| and storage, any damages resulting
from the removal, | 19 |
| transportation and storage, attorney's fee and court costs.
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| Any towing or storage charges accrued shall be payable by | 21 |
| the use of any
major credit card, in addition to being payable | 22 |
| in cash.
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| 11. Towing companies shall also provide insurance | 24 |
| coverage for areas
where vehicles towed under the | 25 |
| provisions of this Chapter will be impounded
or otherwise | 26 |
| stored, and shall adequately cover loss by fire, theft or
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| other risks.
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| Any person who fails to comply with the conditions and | 29 |
| restrictions of
this subsection shall be guilty of a Class C | 30 |
| misdemeanor and shall be fined
not less than $100 nor more than | 31 |
| $500.
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| (g) When a vehicle is determined to be a hazardous | 33 |
| dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 34 |
| Illinois Municipal Code, its
removal and impoundment by a | 35 |
| towing service may be authorized by a law
enforcement agency | 36 |
| with appropriate jurisdiction.
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| When a vehicle removal from either public or private | 2 |
| property is
authorized by a law enforcement agency, the owner | 3 |
| of the vehicle shall be
responsible for all towing and storage | 4 |
| charges.
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| Vehicles removed from public or private property and
stored | 6 |
| by a commercial vehicle relocator or any other towing service | 7 |
| in
compliance with this Section and Sections 4-201 and 4-202
of | 8 |
| this Code, or at the request of the vehicle owner or operator,
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| shall
be subject to the statutory
a possessor lien for services
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| pursuant to the Labor and Storage Lien (Small Amount) Act. | 11 |
| Subject to subsection (b) of Section 18a-501 of this Code, the
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| The provisions of Section 1 of that Act relating to notice
and | 13 |
| implied consent shall be deemed satisfied by compliance with | 14 |
| Section
18a-302 and subsection (10)
(6) of Section 18a-300. In | 15 |
| no event shall such lien
be greater than the rate or rates | 16 |
| established in accordance with subsection
(6) of Section | 17 |
| 18a-200 of this Code. In no event shall such lien be
increased | 18 |
| or altered to reflect any charge for services or materials
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| rendered in addition to those authorized by this Act. Every | 20 |
| such lien
shall be payable by use of any major credit card, in | 21 |
| addition to being
payable in cash.
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| Any personal property belonging to the vehicle owner in a | 23 |
| vehicle subject to a lien under this
subsection
(g) shall | 24 |
| likewise be subject to that lien, excepting only:
food; | 25 |
| medicine; perishable property; any operator's licenses; any | 26 |
| cash, credit
cards, or checks or checkbooks; and any wallet, | 27 |
| purse, or other property
containing any operator's license or | 28 |
| other identifying documents or materials,
cash, credit cards, | 29 |
| checks, or checkbooks.
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| No lien under this subsection (g) shall:
exceed $2,000 in | 31 |
| its total amount; or
be increased or altered to reflect any | 32 |
| charge for services or
materials rendered in addition to those | 33 |
| authorized by this Act.
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| (Source: P.A. 94-522, eff. 8-10-05.)
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| (625 ILCS 5/4-207) (from Ch. 95 1/2, par. 4-207)
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| Sec. 4-207. Reclaimed vehicles; expenses.
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| (a) Any time before a vehicle is sold at public sale or | 3 |
| disposed of as
provided in Section 4-208, the owner, lienholder | 4 |
| or other person legally
entitled to its possession may reclaim | 5 |
| the vehicle by presenting
to the law enforcement agency having | 6 |
| custody of the vehicle proof of ownership
or proof of the right | 7 |
| to possession of the vehicle.
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| (b) No vehicle shall be released to the owner, lienholder, | 9 |
| or other person
under this Section until all towing, storage, | 10 |
| and processing charges have been
paid , as authorized by Section | 11 |
| 18a-501 of this Code .
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| (Source: P.A. 89-433, eff. 12-15-95.)
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| (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
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| Sec. 18a-300. Commercial vehicle relocators - Unlawful | 15 |
| practices. It
shall be unlawful for any commercial vehicle | 16 |
| relocator:
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| (1) To operate in any county in which this Chapter is | 18 |
| applicable
without a valid, current relocator's license as | 19 |
| provided in Article IV
of this Chapter;
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| (2) To employ as an operator, or otherwise so use the | 21 |
| services of,
any person who does not have at the | 22 |
| commencement of employment or
service, or at any time | 23 |
| during the course of employment or service, a
valid, | 24 |
| current operator's employment permit, or temporary | 25 |
| operator's
employment permit issued in accordance with | 26 |
| Sections 18a-403 or 18a-405
of this Chapter; or to fail to | 27 |
| notify the Commission, in writing, of any
known criminal | 28 |
| conviction of any employee occurring at any time before
or | 29 |
| during the course of employment or service;
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| (3) To employ as a dispatcher, or otherwise so use the | 31 |
| services of, any
person who does not have at the | 32 |
| commencement of employment or service, or
at any time | 33 |
| during the course of employment or service, a valid, | 34 |
| current
dispatcher's or operator's employment permit or | 35 |
| temporary dispatcher's or
operator's employment permit |
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| issued in accordance with Sections 18a-403 or
18a-407 of | 2 |
| this Chapter; or to fail to notify the Commission, in | 3 |
| writing,
of any known criminal conviction of any employee | 4 |
| occurring at any time
before or during the course of | 5 |
| employment or service;
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| (4) To operate upon the highways of this State any | 7 |
| vehicle used in
connection with any commercial vehicle | 8 |
| relocation service unless:
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(A) There is painted or firmly affixed to the | 10 |
| vehicle on both sides of the
vehicle in a color or | 11 |
| colors vividly contrasting to the color of the vehicle
| 12 |
| the name, address and telephone number of the | 13 |
| relocator.
The Commission shall prescribe reasonable | 14 |
| rules and regulations
pertaining to insignia to be | 15 |
| painted or firmly affixed to vehicles and
shall waive | 16 |
| the requirements of the address on any vehicle in cases
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| where the operator of a vehicle has painted or | 18 |
| otherwise firmly affixed
to the vehicle a seal or trade | 19 |
| mark that clearly identifies the
operator of the | 20 |
| vehicle; and
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(B) There is carried in the power unit of the | 22 |
| vehicle a certified
copy of the currently effective | 23 |
| relocator's license and operator's
employment permit. | 24 |
| Copies may be photographed, photocopied, or reproduced
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| or printed by any other legible and durable process. | 26 |
| Any person guilty of
not causing to be displayed a copy | 27 |
| of his relocator's license and
operator's employment | 28 |
| permit may in any hearing concerning the violation
be | 29 |
| excused from the payment of the penalty hereinafter | 30 |
| provided upon a
showing that the license was issued by | 31 |
| the Commission, but was
subsequently lost or | 32 |
| destroyed;
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| (5) To operate upon the highways of this State any | 34 |
| vehicle used in
connection with any commercial vehicle | 35 |
| relocation service that bears the
name or address and | 36 |
| telephone number of any person or entity other than
the |
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| relocator by which it is owned or to which it is leased;
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| (6) To advertise in any newspaper, book, list, | 3 |
| classified directory
or other publication unless there is | 4 |
| contained in the advertisement the
license number of the | 5 |
| relocator;
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| (7) To remove any vehicle from private property without | 7 |
| having first
obtained the written authorization of the | 8 |
| property owner or other person
in lawful possession or | 9 |
| control of the property, his authorized agent,
or an | 10 |
| authorized law enforcement officer. The authorization may | 11 |
| be on
a contractual basis covering a period of time or | 12 |
| limited to a specific
removal;
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| (8) To charge the private property owner, who requested | 14 |
| that an
unauthorized vehicle be removed from his property, | 15 |
| with the costs of
removing the vehicle contrary to any | 16 |
| terms that may be a part of the
contract between the | 17 |
| property owner and the commercial relocator.
Nothing in | 18 |
| this paragraph shall prevent a relocator from assessing,
| 19 |
| collecting, or receiving from the property owner, lessee, | 20 |
| or their agents
any fee prescribed by the Commission;
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| (9) To remove a vehicle when the owner or operator of | 22 |
| the vehicle
is present or arrives at the vehicle location | 23 |
| at any time prior to the
completion of removal, and is | 24 |
| willing and able to remove the vehicle
immediately;
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| (10) To remove any vehicle from property on which signs | 26 |
| are required
and on which there are not posted appropriate | 27 |
| signs under Section
18a-302;
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| (11) To fail to notify law enforcement authorities in | 29 |
| the
jurisdiction in which the trespassing vehicle was | 30 |
| removed within one
hour of the removal. Notification shall | 31 |
| include a complete description
of the vehicle, | 32 |
| registration numbers if possible, the locations from
which | 33 |
| and to which the vehicle was removed, the time of removal, | 34 |
| and any
other information required by regulation, statute | 35 |
| or ordinance;
| 36 |
| (12) To impose any charge other than in accordance with |
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| the rates set by the
Commission as provided in paragraph | 2 |
| (6) of Section 18a-200 of this Chapter;
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| (12.1) To impose any charge other than in accordance | 4 |
| with subsection (b) of Section 18a-501 of this Chapter;
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| (13) To fail, in the office or location at which | 6 |
| relocated vehicles
are routinely returned to their owners, | 7 |
| to prominently post the name,
address and telephone number | 8 |
| of the nearest office of the Commission to
which inquiries | 9 |
| or complaints may be sent;
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| (13.1) To fail to distribute to each owner or operator | 11 |
| of a relocated
vehicle, in written form as prescribed by | 12 |
| Commission rule or regulation, the
relevant statutes, | 13 |
| regulations and ordinances governing commercial vehicle
| 14 |
| relocators, including, in at least 12 point boldface type, | 15 |
| the name, address
and telephone number of the nearest | 16 |
| office of the Commission to which inquiries
or complaints | 17 |
| may be sent;
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| (13.2) To fail, in the office or location at which | 19 |
| relocated vehicles
are routinely returned to their owners, | 20 |
| to ensure that the relocator's representative provides | 21 |
| suitable evidence of his or her identity to the owners of | 22 |
| relocated vehicles upon request;
| 23 |
| (14) To remove any vehicle, otherwise in accordance | 24 |
| with this Chapter,
more than 15 air miles from its location | 25 |
| when towed from a location in an
unincorporated area of a | 26 |
| county or more than 10 air miles from its location
when | 27 |
| towed from any other location;
| 28 |
| (15) To fail to make a telephone number available to | 29 |
| the police department
of any municipality in which a | 30 |
| relocator operates at which the relocator
or an employee of | 31 |
| the relocator may be contacted at any time during the
hours | 32 |
| in which the relocator is engaged in the towing of | 33 |
| vehicles, or
advertised as engaged in the towing of | 34 |
| vehicles, for the purpose of
effectuating the release of a | 35 |
| towed vehicle; or to fail to include the
telephone number | 36 |
| in any advertisement of the relocator's services published
|
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| or otherwise appearing on or after the effective date of | 2 |
| this amendatory
Act; or to fail to have an employee | 3 |
| available at any time on the
premises owned or controlled | 4 |
| by the relocator for the purposes of arranging
for the | 5 |
| immediate release of the vehicle.
| 6 |
| Apart from any other penalty or liability authorized | 7 |
| under this Act, if
after a reasonable effort, the owner of | 8 |
| the vehicle is unable to make telephone
contact with the | 9 |
| relocator for a period of one hour from his initial attempt
| 10 |
| during any time period in which the relocator is required | 11 |
| to respond at
the number, all fees for towing, storage, or | 12 |
| otherwise are to be waived. Proof
of 3 attempted phone | 13 |
| calls to the number provided to the police department
by an | 14 |
| officer or employee of the department on behalf of the | 15 |
| vehicle owner
within the space of one hour, at least 2 of | 16 |
| which are separated by 45 minutes,
shall be deemed | 17 |
| sufficient proof of the owner's reasonable effort to make
| 18 |
| contact with the vehicle relocator. Failure of the | 19 |
| relocator to respond to
the phone calls is not a criminal | 20 |
| violation of this Chapter;
| 21 |
| (16) To use equipment which the relocator does not own, | 22 |
| except in
compliance with Section 18a-306 of this Chapter | 23 |
| and Commission regulations.
No equipment can be leased to | 24 |
| more than one relocator at any time.
Equipment leases shall | 25 |
| be filed with the Commission. If equipment is leased
to one | 26 |
| relocator, it cannot thereafter be leased to another | 27 |
| relocator until
a written cancellation of lease is properly | 28 |
| filed with the Commission;
| 29 |
| (17) To use drivers or other personnel who are not | 30 |
| employees or
contractors of the relocator;
| 31 |
| (18) To fail to refund any amount charged in excess of | 32 |
| the reasonable
rate established by the Commission;
| 33 |
| (19) To violate any other provision of this Chapter, or | 34 |
| of Commission
regulations or orders adopted under this | 35 |
| Chapter.
| 36 |
| (Source: P.A. 94-650, eff. 1-1-06.)
|
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| 1 |
| (625 ILCS 5/18a-501) (from Ch. 95 1/2, par. 18a-501)
| 2 |
| Sec. 18a-501. Liens against relocated vehicles. | 3 |
| (a) Subject to subsection (b), unauthorized
Unauthorized
| 4 |
| vehicles
removed and stored by a commercial vehicle relocator | 5 |
| in compliance with
this Chapter shall be subject to the | 6 |
| statutory
a possessory lien for services
pursuant to the Labor | 7 |
| and Storage Lien (Small Amount) Act, and the provisions of
| 8 |
| Section 1 of that Act relating to notice and implied consent | 9 |
| shall be deemed
satisfied by compliance with Section 18a-302 | 10 |
| and item (10)
of Section 18a-300. In no event shall such lien | 11 |
| be greater than the rate
or rates established in accordance | 12 |
| with item (6) of Section 18a-200. In no event
shall such lien | 13 |
| be increased or altered to reflect any charge for services
or | 14 |
| materials rendered in addition to those authorized by this Act. | 15 |
| Every
such lien shall be payable by use of any major credit | 16 |
| card, in addition
to being payable in cash. Upon receipt of a | 17 |
| properly signed credit card
receipt, a relocator shall become a | 18 |
| holder in due course, and neither the
holder of the credit card | 19 |
| nor the company which issued the credit card may
thereafter | 20 |
| refuse to remit payment in the amount shown on the credit card
| 21 |
| receipt minus the ordinary charge assessed by the credit card | 22 |
| company for
processing the charge. The Commission may adopt | 23 |
| regulations governing
acceptance of credit cards by a | 24 |
| relocator.
| 25 |
| (b) Except as otherwise provided in this subsection (b), | 26 |
| the relocator or possessor of any relocated vehicle must, | 27 |
| within 10 days of taking possession of the vehicle, notify the | 28 |
| registered owner and any lienholders of the vehicle, as | 29 |
| disclosed by the vehicle registration records of the Illinois | 30 |
| Secretary of State, by first class and certified mail, return | 31 |
| receipt requested, that the vehicle has been relocated. If the | 32 |
| Secretary of State does not provide to the relocator or | 33 |
| possessor of the relocated vehicle the name and address of the | 34 |
| registered owner and any lienholders of the vehicle within 10 | 35 |
| days after the relocator or possessor took possession of the |
|
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| vehicle, however, the required notice must be sent no later | 2 |
| than 3 business days after owner and lienholder information has | 3 |
| been furnished to the relocator or possessor of the relocated | 4 |
| vehicle. The notice shall disclose the date of relocation, the | 5 |
| address where the vehicle is located, and an itemization of all | 6 |
| authorized charges claimed. If the required notice is not | 7 |
| provided within the period provided for in this subsection (b), | 8 |
| the lien of the relocator or possessor of the vehicle shall not | 9 |
| exceed the vehicle storage charges for 10 days, or for the | 10 |
| period ending 3 business days after the Secretary of State | 11 |
| furnished owner and lienholder information to the relocator or | 12 |
| possessor of the vehicle. If notice is given within the time | 13 |
| period provided for in this subsection (b), the relocator or | 14 |
| possessor of the vehicle is entitled to a lien on the vehicle | 15 |
| for storage charges for the number of days the vehicle was | 16 |
| stored. The lien of the relocator or possessor of the vehicle | 17 |
| also may include the costs of a title search necessary to | 18 |
| identify the registered owner and lienholder, in amounts | 19 |
| prescribed by the Secretary of State under Section 3-821.1 of | 20 |
| this Code. A lienholder, or its authorized representative may, | 21 |
| during normal business hours and on reasonable prior notice to | 22 |
| the relocator or possessor of the vehicle, make one reasonable | 23 |
| inspection and examination of the vehicle without charge or | 24 |
| cost. At any time before the vehicle is disposed of as provided | 25 |
| by law, the registered owner or lienholder legally entitled to | 26 |
| its possession may reclaim the vehicle by presenting proof of | 27 |
| ownership or of the right to possession of the vehicle and by | 28 |
| payment of all towing and storage charges authorized by law. | 29 |
| This subsection (b) does not apply to the relocation or | 30 |
| possession of any vehicle relocated before the effective date | 31 |
| of this amendatory Act of this 94th General Assembly.
| 32 |
| (Source: P.A. 91-357, eff. 7-29-99.)
| 33 |
| Section 10. The Automotive Repair Act is amended by | 34 |
| changing Section 70 and adding Section 71 as follows:
|
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| (815 ILCS 306/70)
| 2 |
| Sec. 70. Removal of vehicle from facility. Upon reasonable | 3 |
| notice and
during the motor vehicle repair facility's business | 4 |
| hours, a consumer , the lienholder, or another legally entitled | 5 |
| person may
remove a vehicle from a motor vehicle repair | 6 |
| facility upon paying for the
following:
| 7 |
| (1) Labor actually performed.
| 8 |
| (2) Parts actually installed.
| 9 |
| (3) Parts ordered specifically for the consumer's car | 10 |
| if the order is not
cancelable or the parts are not | 11 |
| returnable for cash or credit.
| 12 |
| (4) Storage charges imposed in accordance with the | 13 |
| schedule of charges if
disclosed to consumers prior to | 14 |
| repairs and in accordance with Section 71 of this Act .
| 15 |
| (5) The costs of a title search necessary to identify | 16 |
| the registered owner and lienholder, in amounts prescribed | 17 |
| by the Secretary of State under Section 3-821.1 of this | 18 |
| Code.
| 19 |
| (Source: P.A. 90-426, eff. 1-1-98.)
| 20 |
| (815 ILCS 306/71 new)
| 21 |
| Sec. 71. Notice to registered owner, lienholder, or other | 22 |
| legally entitled persons. | 23 |
| (a) If the consumer fails to remove the vehicle within 15 | 24 |
| days of being notified that automotive repair is complete, the | 25 |
| automotive repair facility shall send a request for owner and | 26 |
| lienholder information to the Illinois Secretary of State, as | 27 |
| provided in paragraph (b) of this Section. Within 3 business | 28 |
| days of receipt of owner and lienholder information from the | 29 |
| Secretary of State, the automotive repair facility shall send a | 30 |
| notification by certified mail to the registered owner, the | 31 |
| lienholder, and any other legally entitled persons advising | 32 |
| where the vehicle is held and detailing all charges claimed to | 33 |
| be due. Upon request of the registered owner, lienholder, or | 34 |
| other legally entitled person, the automotive repair facility | 35 |
| shall, without charge, provide copies of all documentation of |
|
|
|
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| the repairs and authorization for the repairs. A lienholder or | 2 |
| its authorized representative may, during normal business | 3 |
| hours and on reasonable prior notice to the automotive repair | 4 |
| facility in possession of the vehicle, make one reasonable | 5 |
| inspection and examination of the vehicle without charge or | 6 |
| cost. | 7 |
| (b) When ownership or lienholder information is needed for | 8 |
| an automotive repair facility to give notification as required | 9 |
| under this Code, the automotive repair facility shall cause the | 10 |
| vehicle registration records of the State of Illinois to be | 11 |
| searched by the Secretary of State. | 12 |
| The written request of an automotive repair facility, in | 13 |
| the form and containing the information prescribed by the | 14 |
| Secretary of State by rule, may be transmitted to the Secretary | 15 |
| of State in person, by U.S. mail or other delivery service, by | 16 |
| facsimile transmission, or by other means the Secretary of | 17 |
| State deems acceptable. | 18 |
| The Secretary of State shall provide the required | 19 |
| information, or a statement that the information was not found | 20 |
| in the vehicle registration records of the State, by U.S. mail | 21 |
| or other delivery service, facsimile transmission, as | 22 |
| requested by the automotive repair facility, or by other means | 23 |
| acceptable to the Secretary of State. | 24 |
| (c) The Secretary of State may adopt rules for submission | 25 |
| of requests for record searches and replies via computer link. | 26 |
| (d) Fees for services provided under this Section shall be | 27 |
| in amounts prescribed by the Secretary of State under Section | 28 |
| 3-821.1 of the Illinois Vehicle Code. Payment may be made by | 29 |
| the automotive repair facility using cash, any commonly | 30 |
| accepted credit card, or any other means of payment deemed | 31 |
| acceptable by the Secretary of State. | 32 |
| (e) Failure to provide the notice required by this Section | 33 |
| shall not result in a barring of any lien for actual parts or | 34 |
| labor expended that were otherwise properly authorized under | 35 |
| this Act. After failing to provide the required notice, | 36 |
| however, the automotive repair facility may not claim any |
|
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| 1 |
| additional charges, including but not limited to storage or | 2 |
| holding charges related to any delay in the removal of the | 3 |
| vehicle, other than those storage or holding charges imposed in | 4 |
| the first 15 days.
| 5 |
| Section 15. The Automotive Collision Repair Act is amended | 6 |
| by changing Section 60 and adding Section 61 as follows:
| 7 |
| (815 ILCS 308/60)
| 8 |
| Sec. 60. Removal of motor vehicle from facility. Upon | 9 |
| reasonable notice
and
during the
collision repair facility's | 10 |
| business hours, a consumer , the lienholder, or another legally | 11 |
| entitled person may remove a motor
vehicle
from a collision
| 12 |
| repair facility upon paying for the following:
| 13 |
| (1) Labor actually performed.
| 14 |
| (2) Parts actually installed.
| 15 |
| (3) Parts ordered specifically for the consumer's car | 16 |
| if the order is not
cancelable or the parts
are not | 17 |
| returnable for cash or credit.
| 18 |
| (4) Storage and administrative charges imposed in | 19 |
| accordance with the
schedule of charges
if posted on a sign | 20 |
| within the shop or otherwise disclosed to consumers prior
| 21 |
| to repairs and in accordance with Section 61 of this Act .
| 22 |
| (5) The costs of a title search necessary to identify | 23 |
| the registered owner and lienholder, in amounts prescribed | 24 |
| by the Secretary of State under Section 3-821.1 of this | 25 |
| Code.
| 26 |
| (Source: P.A. 93-565, eff. 1-1-04.)
| 27 |
| (815 ILCS 308/61 new) | 28 |
| Sec. 61. Notice to registered owner, lienholder, or other | 29 |
| legally entitled persons. | 30 |
| (a) If the consumer fails to remove the vehicle within 15 | 31 |
| days of being notified that automotive collision and body | 32 |
| repair is complete, the automotive collision and body repair | 33 |
| facility shall send a request for owner and lienholder |
|
|
|
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| 1 |
| information to the Illinois Secretary of State, as provided in | 2 |
| paragraph (b) of this Section. Within 3 business days of | 3 |
| receipt of owner and lienholder information from the Secretary | 4 |
| of State, the automotive repair facility shall send | 5 |
| notification by certified mail to the registered owner, the | 6 |
| lienholder, and other legally entitled persons, advising where | 7 |
| the vehicle is held and detailing all charges claimed to be | 8 |
| due. Upon request of the registered owner, lienholder, or other | 9 |
| legally entitled person, the automotive repair facility shall, | 10 |
| without charge, provide copies of all documentation of the | 11 |
| repairs and authorization for the repairs. A lienholder or its | 12 |
| authorized representative may, during normal business hours | 13 |
| and on reasonable prior notice to the automotive collision and | 14 |
| body repair facility in possession of the vehicle, make one | 15 |
| reasonable inspection and examination of the vehicle without | 16 |
| charge or cost. | 17 |
| (b) If ownership or lienholder information is needed for an | 18 |
| automotive collision and body repair facility to give | 19 |
| notification as required under this Code, the automotive | 20 |
| collision and body repair facility shall cause the vehicle | 21 |
| registration records of the State of Illinois to be searched by | 22 |
| the Secretary of State. | 23 |
| The written request of an automotive collision and body | 24 |
| repair facility, in the form and containing the information | 25 |
| prescribed by the Secretary of State by rule, may be | 26 |
| transmitted to the Secretary of State in person, by U.S. mail | 27 |
| or other delivery service, by facsimile transmission, or by | 28 |
| other means the Secretary of State deems acceptable. | 29 |
| The Secretary of State shall provide the required | 30 |
| information, or a statement that the information was not found | 31 |
| in the vehicle registration records of the State, by U.S. mail | 32 |
| or other delivery service or by facsimile transmission, as | 33 |
| requested by the automotive collision and body repair facility, | 34 |
| or by other means acceptable to the Secretary of State. | 35 |
| (c) The Secretary of State shall adopt rules for submission | 36 |
| of requests for record searches and replies via computer link. |
|
|
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| 1 |
| (d) Fees for services provided under this Section shall be | 2 |
| in amounts prescribed by the Secretary of State under Section | 3 |
| 3-821.1 of the Illinois Vehicle Code. Payment may be made by | 4 |
| the automotive collision and body repair facility using cash, | 5 |
| any commonly accepted credit card, or any other means of | 6 |
| payment deemed acceptable by the Secretary of State. | 7 |
| (e) Failure to provide the notice required by this Section | 8 |
| shall not result in a barring of any lien for actual parts or | 9 |
| labor expended that were otherwise properly authorized | 10 |
| pursuant to this Act. After failing to provide the required | 11 |
| notice, however, the automotive collision and body repair | 12 |
| facility may not claim any additional charges, including but | 13 |
| not limited to storage or holding charges related to any delay | 14 |
| in the removal of the vehicle, other than those storage or | 15 |
| holding charges imposed in the first 15 days.
| 16 |
| Section 99. Effective date. This Act takes effect September | 17 |
| 1, 2006. |
|