Full Text of SB1527 98th General Assembly
SB1527sam001 98TH GENERAL ASSEMBLY | Sen. Dan Duffy Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1527
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1527 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-400, 6-306.5, 11-208, 11-208.3, and 11-612 | 6 | | as follows:
| 7 | | (625 ILCS 5/3-400) (from Ch. 95 1/2, par. 3-400)
| 8 | | Sec. 3-400. Definitions Definition . Notwithstanding the | 9 | | definition set forth in
Chapter 1 of this Act, for the purposes | 10 | | of this Article, the following
words shall have the meaning | 11 | | ascribed to them as follows:
| 12 | | "Apportionable Fee" means any periodic recurring fee | 13 | | required for
licensing or registering vehicles, such as, but | 14 | | not limited to,
registration fees, license or weight fees.
| 15 | | "Apportionable Vehicle" means any vehicle, except | 16 | | recreational
vehicles, vehicles displaying restricted plates, |
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| 1 | | city pickup and delivery
vehicles, buses used in transportation | 2 | | of chartered parties, and government
owned vehicles that are | 3 | | used or intended for use in 2 or more member
jurisdictions that | 4 | | allocate or proportionally register vehicles, in a
fleet which | 5 | | is used for the transportation of persons for hire or the
| 6 | | transportation of property and which has a gross vehicle weight | 7 | | in excess of
26,000 pounds; or has three or more axles | 8 | | regardless of weight; or is used in
combination when the weight | 9 | | of such combination exceeds 26,000 pounds gross
vehicle weight. | 10 | | Vehicles, or combinations having a gross vehicle weight of
| 11 | | 26,000 pounds or less and two-axle vehicles may be | 12 | | proportionally registered at
the option of such owner.
| 13 | | "Base Jurisdiction" means, for purposes of fleet | 14 | | registration, the
jurisdiction where the registrant has an | 15 | | established place of business,
where operational records of the | 16 | | fleet are maintained and where mileage
is accrued by the fleet. | 17 | | In case a registrant operates more than one
fleet, and | 18 | | maintains records for each fleet in different places, the
"base | 19 | | jurisdiction" for a fleet shall be the jurisdiction where an
| 20 | | established place of business is maintained, where records of | 21 | | the
operation of that fleet are maintained and where mileage is | 22 | | accrued by
that fleet.
| 23 | | "Operational Records" means documents supporting miles | 24 | | traveled in
each jurisdiction and total miles traveled, such as | 25 | | fuel reports, trip
leases, and logs.
| 26 | | Owner. A person who holds legal title of a motor vehicle, |
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| 1 | | or in the
event a motor vehicle is the subject of an agreement | 2 | | for the conditional
sale or lease thereof with the right of | 3 | | purchase upon performance of the
conditions stated in the | 4 | | agreement and with an immediate right of
possession vested in | 5 | | the conditional vendee or lessee with right of
purchase, or in | 6 | | the event a mortgagor of such motor vehicle is entitled
to | 7 | | possession, or in the event a lessee of such motor vehicle is
| 8 | | entitled to possession or control, then such conditional vendee | 9 | | or
lessee with right of purchase or mortgagor or lessee is | 10 | | considered to be
the owner for the purpose of this Act.
| 11 | | "Registration plate cover" means any tinted, colored, | 12 | | painted, marked, clear, or illuminated object that is designed | 13 | | to (i) cover any of the characters of a motor vehicle's
| 14 | | registration plate; or (ii) distort a recorded image of any of | 15 | | the characters
of a motor vehicle's registration plate recorded | 16 | | by an automated enforcement system as defined in Section | 17 | | 11-208.6, 11-208.8, or 11-1201.1 of this Code or recorded by an | 18 | | automated traffic control system as defined in Section 15 of | 19 | | the Automated Traffic Control Systems in Highway Construction | 20 | | or Maintenance Zones Act. | 21 | | "Rental Owner" means an owner principally engaged, with | 22 | | respect to
one or more rental fleets, in renting to others or | 23 | | offering for rental
the vehicles of such fleets, without | 24 | | drivers.
| 25 | | "Restricted Plates" shall include but are not limited to | 26 | | dealer,
manufacturer, transporter, farm, repossessor, and |
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| 1 | | permanently mounted type
plates. Vehicles displaying any of | 2 | | these type plates from a foreign
jurisdiction that is a member | 3 | | of the International Registration Plan shall be
granted | 4 | | reciprocity but shall be subject to the same limitations as | 5 | | similar
plated Illinois registered vehicles.
| 6 | | (Source: P.A. 97-743, eff. 1-1-13; revised 8-3-12.)
| 7 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 8 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 9 | | parking,
compliance, automated speed enforcement system, or | 10 | | automated traffic law violations; suspension of driving | 11 | | privileges.
| 12 | | (a) Upon receipt of
a certified report,
as prescribed by | 13 | | subsection (c) of
this Section, from
any municipality or county | 14 | | stating that the owner of a registered vehicle: (1) has failed
| 15 | | to pay any fine or penalty due and owing as a result of 10 or | 16 | | more violations
of a
municipality's or county's vehicular | 17 | | standing, parking, or compliance
regulations established by
| 18 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has | 19 | | failed to pay any
fine or penalty due and owing as a result of 5 | 20 | | offenses for automated speed enforcement system violations or | 21 | | automated traffic
violations as defined in Section Sections
| 22 | | 11-208.6, 11-208.8, or 11-1201.1, or combination thereof, or | 23 | | (3) is more than 14 days in default of a payment plan pursuant | 24 | | to which a suspension had been terminated under subsection (c) | 25 | | of this Section, the Secretary of State
shall suspend the |
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| 1 | | driving privileges of such person in accordance with the
| 2 | | procedures set forth in this Section.
The Secretary shall also | 3 | | suspend the driving privileges of an owner of a
registered | 4 | | vehicle upon receipt of a certified report, as prescribed by
| 5 | | subsection (f) of this Section, from any municipality or county | 6 | | stating that such
person has failed to satisfy any fines or | 7 | | penalties imposed by final judgments
for 5 or more automated | 8 | | speed enforcement system or automated traffic law violations , | 9 | | or combination thereof, or 10 or more violations of local | 10 | | standing, parking, or
compliance regulations after
exhaustion | 11 | | of judicial review procedures.
| 12 | | (b) Following receipt of the certified report of the | 13 | | municipality or county as
specified in this Section, the | 14 | | Secretary of State shall notify the person
whose name appears | 15 | | on the certified report that
the person's
drivers license will | 16 | | be suspended at the end of a specified period of time
unless | 17 | | the Secretary of State is presented with a notice from the
| 18 | | municipality or county certifying that the fine or penalty due
| 19 | | and owing the municipality or county has been paid or that | 20 | | inclusion of that
person's name on the certified report was in | 21 | | error. The Secretary's notice
shall state in substance the | 22 | | information
contained in the municipality's or county's | 23 | | certified report to the Secretary, and
shall be effective as | 24 | | specified by subsection (c) of Section 6-211 of this
Code.
| 25 | | (c) The report of the appropriate municipal or county | 26 | | official notifying the
Secretary of State of unpaid fines or |
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| 1 | | penalties pursuant to this Section
shall be certified and shall | 2 | | contain the following:
| 3 | | (1) The name, last known address as recorded with the | 4 | | Secretary of State, as provided by the lessor of the cited | 5 | | vehicle at the time of lease, or as recorded in a United | 6 | | States Post Office approved database if any notice sent | 7 | | under Section 11-208.3 of this Code is returned as | 8 | | undeliverable, and drivers license number of the
person who | 9 | | failed to pay the fine or
penalty or who has defaulted in a | 10 | | payment plan and the registration number of any vehicle | 11 | | known to be registered
to such person in this State.
| 12 | | (2) The name of the municipality or county making the | 13 | | report pursuant to this
Section.
| 14 | | (3) A statement that the municipality or county sent a | 15 | | notice of impending
drivers license suspension as | 16 | | prescribed by ordinance enacted
pursuant to Section | 17 | | 11-208.3 of this Code or a notice of default in a payment | 18 | | plan, to the person named in the report at the
address | 19 | | recorded with the Secretary of State or at the last address | 20 | | known to the lessor of the cited vehicle at the time of | 21 | | lease or, if any notice sent under Section 11-208.3 of this | 22 | | Code is returned as undeliverable, at the last known | 23 | | address recorded in a United States Post Office approved | 24 | | database; the date on which such
notice was sent; and the | 25 | | address to which such notice was sent.
In a municipality or | 26 | | county with a population of 1,000,000 or more, the report |
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| 1 | | shall
also include a statement that the alleged violator's | 2 | | State vehicle registration
number and vehicle make, if | 3 | | specified on the automated speed enforcement system | 4 | | violation or automated traffic law violation notice, are | 5 | | correct as they appear on the citations. | 6 | | (4) A unique identifying reference number for each | 7 | | request of suspension sent whenever a person has failed to | 8 | | pay the fine or penalty or has defaulted on a payment plan.
| 9 | | (d) Any municipality or county making a certified report to | 10 | | the Secretary of State
pursuant to this Section
shall notify | 11 | | the Secretary of State, in a form prescribed by the
Secretary, | 12 | | whenever a person named in the certified report has paid the
| 13 | | previously reported fine or penalty, whenever a person named in | 14 | | the certified report has entered into a payment plan pursuant | 15 | | to which the municipality or county has agreed to terminate the | 16 | | suspension, or whenever the municipality or county determines
| 17 | | that the original report was in error. A certified copy of such
| 18 | | notification shall also be given upon request and at no | 19 | | additional charge
to the person named therein. Upon receipt of | 20 | | the municipality's or county's
notification or presentation of | 21 | | a certified copy of such notification, the
Secretary of State | 22 | | shall terminate the suspension.
| 23 | | (e) Any municipality or county making a certified report to | 24 | | the Secretary of State
pursuant to this Section
shall also by | 25 | | ordinance establish procedures for persons to
challenge the | 26 | | accuracy of the certified report. The ordinance shall also
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| 1 | | state the grounds for such a challenge, which may be limited to | 2 | | (1) the
person not having been the owner or lessee of the | 3 | | vehicle or vehicles
receiving 10 or more standing, parking, or | 4 | | compliance
violation notices or a combination of 5 or more | 5 | | automated speed enforcement system or 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 | 9 | | combination of 5 or more automated speed enforcement system or | 10 | | automated traffic law violations
indicated on the certified | 11 | | report.
| 12 | | (f) Any municipality or county, other than a municipality | 13 | | or county establishing vehicular
standing, parking, and | 14 | | compliance regulations pursuant to
Section 11-208.3, automated | 15 | | speed enforcement system regulations under Section 11-208.8, | 16 | | or automated traffic law regulations under Section 11-208.6 or | 17 | | 11-1201.1, may also
cause a suspension of a person's drivers | 18 | | license pursuant to this Section.
Such municipality or county | 19 | | may invoke this sanction by making a certified report to
the | 20 | | Secretary of State upon a person's failure to satisfy any fine | 21 | | or
penalty imposed by final judgment for 10 or more violations | 22 | | of local
standing, parking, or compliance regulations or a | 23 | | combination of 5 or more automated speed enforcement system or | 24 | | automated traffic law violations after exhaustion
of judicial | 25 | | review
procedures, but only if:
| 26 | | (1) the municipality or county complies with the |
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| 1 | | provisions of this Section in all
respects except in regard | 2 | | to enacting an ordinance pursuant to Section
11-208.3;
| 3 | | (2) the municipality or county has sent a notice of | 4 | | impending
drivers license suspension as prescribed by an | 5 | | ordinance enacted pursuant to
subsection (g) of this | 6 | | Section; and
| 7 | | (3) in municipalities or counties with a population of | 8 | | 1,000,000 or more, the
municipality or county
has verified | 9 | | that the alleged violator's State vehicle registration | 10 | | number and
vehicle make are correct as they appear on the | 11 | | citations.
| 12 | | (g) Any municipality or county, other than a municipality | 13 | | or county establishing
standing, parking, and compliance | 14 | | regulations pursuant to
Section 11-208.3, automated speed | 15 | | enforcement system regulations under Section 11-208.8, or | 16 | | automated traffic law regulations under Section 11-208.6 or | 17 | | 11-1201.1, may provide by
ordinance for the sending of a notice | 18 | | of impending
drivers license suspension to the person who has | 19 | | failed to satisfy any fine
or penalty imposed by final judgment | 20 | | for 10 or more violations of local
standing, parking, or | 21 | | compliance regulations or a combination of 5 or more automated | 22 | | speed enforcement system or automated traffic law violations | 23 | | after exhaustion
of
judicial review
procedures. An ordinance so | 24 | | providing shall specify that the notice
sent to the person | 25 | | liable for any fine or penalty
shall state that failure to pay | 26 | | the fine or
penalty owing within 45 days of the notice's date |
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| 1 | | will result in the
municipality or county notifying the | 2 | | Secretary of State that
the person's drivers license is | 3 | | eligible for suspension pursuant to this
Section.
The notice of | 4 | | impending drivers license suspension
shall be sent by first | 5 | | class United States mail, postage prepaid, to the
address
| 6 | | recorded with the Secretary of State or at the last address | 7 | | known to the lessor of the cited vehicle at the time of lease | 8 | | or, if any notice sent under Section 11-208.3 of this Code is | 9 | | returned as undeliverable, to the last known address recorded | 10 | | in a United States Post Office approved database.
| 11 | | (h) An administrative hearing to contest an impending | 12 | | suspension or a
suspension made pursuant to this Section may be | 13 | | had upon filing a written
request with the Secretary of State. | 14 | | The filing fee for this hearing shall
be $20, to be paid at the | 15 | | time the request is made.
A municipality or county which files | 16 | | a certified report with the Secretary of
State pursuant to this | 17 | | Section shall reimburse the Secretary for all
reasonable costs | 18 | | incurred by the Secretary as a result of the filing of the
| 19 | | report, including but not limited to the costs of providing the | 20 | | notice
required pursuant to subsection (b) and the costs | 21 | | incurred by the Secretary
in any hearing conducted with respect | 22 | | to the report pursuant to this
subsection and any appeal from | 23 | | such a hearing.
| 24 | | (i) The provisions of this Section shall apply on and after | 25 | | January 1, 1988.
| 26 | | (j) For purposes of this Section, the term "compliance |
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| 1 | | violation" is
defined as in Section 11-208.3.
| 2 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10; | 3 | | 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11; 97-672, eff. | 4 | | 7-1-12 .)
| 5 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 6 | | Sec. 11-208. Powers of local authorities.
| 7 | | (a) The provisions of this Code shall not be deemed to | 8 | | prevent
local authorities with respect to streets and highways | 9 | | under their
jurisdiction and within the reasonable exercise of | 10 | | the police power from:
| 11 | | 1. Regulating the standing or parking of vehicles, | 12 | | except as
limited by Sections 11-1306 and 11-1307 of this | 13 | | Act;
| 14 | | 2. Regulating traffic by means of police officers or | 15 | | traffic control
signals;
| 16 | | 3. Regulating or prohibiting processions or | 17 | | assemblages on the highways;
| 18 | | 4. Designating particular highways as one-way highways | 19 | | and requiring that
all vehicles thereon be moved in one | 20 | | specific direction;
| 21 | | 5. Regulating the speed of vehicles in public parks | 22 | | subject to the
limitations set forth in Section 11-604;
| 23 | | 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 |
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| 1 | | designating any intersection as a stop intersection or a | 2 | | yield
right-of-way intersection and requiring all vehicles | 3 | | to stop or yield the
right-of-way at one or more entrances | 4 | | to such intersections;
| 5 | | 7. Restricting the use of highways as authorized in | 6 | | Chapter 15;
| 7 | | 8. Regulating the operation of bicycles and requiring | 8 | | the
registration and licensing of same, including the | 9 | | requirement of a
registration fee;
| 10 | | 9. Regulating or prohibiting the turning of vehicles or | 11 | | specified
types of vehicles at intersections;
| 12 | | 10. Altering the speed limits as authorized in Section | 13 | | 11-604;
| 14 | | 11. Prohibiting U-turns;
| 15 | | 12. Prohibiting pedestrian crossings at other than | 16 | | designated and marked
crosswalks or at intersections;
| 17 | | 13. Prohibiting parking during snow removal operation;
| 18 | | 14. Imposing fines in accordance with Section | 19 | | 11-1301.3 as penalties
for use of any parking place | 20 | | reserved for persons with disabilities, as defined
by | 21 | | Section 1-159.1, or disabled veterans by any person using a | 22 | | motor
vehicle not bearing registration plates specified in | 23 | | Section 11-1301.1
or a special decal or device as defined | 24 | | in Section 11-1301.2
as evidence that the vehicle is | 25 | | operated by or for a person
with disabilities or disabled | 26 | | veteran;
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| 1 | | 15. Adopting such other traffic regulations as are | 2 | | specifically
authorized by this Code; or
| 3 | | 16. Enforcing the provisions of subsection (f) of | 4 | | Section 3-413 of this
Code or a similar local ordinance.
| 5 | | (b) No ordinance or regulation enacted under subsections 1, | 6 | | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 7 | | until signs giving
reasonable notice of such local traffic | 8 | | regulations are posted.
| 9 | | (c) The provisions of this Code shall not prevent any
| 10 | | municipality having a population of 500,000 or more inhabitants | 11 | | from
prohibiting any person from driving or operating any motor | 12 | | vehicle upon
the roadways of such municipality with headlamps | 13 | | on high beam or bright.
| 14 | | (d) The provisions of this Code shall not be deemed to | 15 | | prevent local
authorities within the reasonable exercise of | 16 | | their police power from
prohibiting, on private property, the | 17 | | unauthorized use of parking spaces
reserved for persons with | 18 | | disabilities.
| 19 | | (e) No unit of local government, including a home rule | 20 | | unit, may enact or
enforce an ordinance that applies only to | 21 | | motorcycles if the principal purpose
for that ordinance is to | 22 | | restrict the access of motorcycles to any highway or
portion of | 23 | | a highway for which federal or State funds have been used for | 24 | | the
planning, design, construction, or maintenance of that | 25 | | highway. No unit of
local government, including a home rule | 26 | | unit, may enact an ordinance requiring
motorcycle users to wear |
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| 1 | | protective headgear. Nothing in this subsection
(e) shall | 2 | | affect the authority of a unit of local government to regulate
| 3 | | motorcycles for traffic control purposes or in accordance with | 4 | | Section 12-602
of this Code. No unit of local government, | 5 | | including a home rule unit, may
regulate motorcycles in a | 6 | | manner inconsistent with this Code. This subsection
(e) is a | 7 | | limitation under subsection (i) of Section 6 of Article VII of | 8 | | the
Illinois Constitution on the concurrent exercise by home | 9 | | rule units of powers
and functions exercised by the State.
| 10 | | (f) (Blank). A municipality or county designated in Section | 11 | | 11-208.6 may enact an ordinance providing for an
automated | 12 | | traffic law enforcement system to enforce violations of this | 13 | | Code or
a similar provision of a local ordinance and imposing | 14 | | liability on a registered owner or lessee of a vehicle used in | 15 | | such a violation.
| 16 | | (g) A municipality or county, as provided in Section | 17 | | 11-1201.1, may enact an ordinance providing for an automated | 18 | | traffic law enforcement system to enforce violations of Section | 19 | | 11-1201 of this Code or a similar provision of a local | 20 | | ordinance and imposing liability on a registered owner of a | 21 | | vehicle used in such a violation.
| 22 | | (h) (Blank). A municipality designated in Section 11-208.8 | 23 | | may enact an ordinance providing for an
automated speed | 24 | | enforcement system to enforce violations of Article VI of | 25 | | Chapter 11 of this Code or a similar provision of a local | 26 | | ordinance. |
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| 1 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29, | 2 | | eff. 1-1-12; 97-672, eff. 7-1-12 .)
| 3 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 4 | | Sec. 11-208.3. Administrative adjudication of violations | 5 | | of traffic
regulations concerning the standing, parking, or | 6 | | condition of
vehicles, and automated traffic law violations , | 7 | | and automated speed enforcement system violations .
| 8 | | (a) Any municipality or county may provide by ordinance for | 9 | | a system of
administrative adjudication of vehicular standing | 10 | | and parking violations and
vehicle compliance violations as | 11 | | described in this subsection and , automated traffic law | 12 | | violations as defined in Section 11-208.6 or 11-1201.1 , and | 13 | | automated speed enforcement system violations as defined in | 14 | | Section 11-208.8 .
The administrative system shall have as its | 15 | | purpose the fair and
efficient enforcement of municipal or | 16 | | county regulations through the
administrative adjudication of | 17 | | automated speed enforcement system or automated traffic law | 18 | | violations and violations of municipal or county ordinances
| 19 | | regulating the standing and parking of vehicles, the condition | 20 | | and use of
vehicle equipment, and the display of municipal or | 21 | | county wheel tax licenses within the
municipality's
or county's | 22 | | borders. The administrative system shall only have authority to | 23 | | adjudicate
civil offenses carrying fines not in excess of $500 | 24 | | or requiring the completion of a traffic education program, or | 25 | | both, that occur after the
effective date of the ordinance |
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| 1 | | adopting such a system under this Section.
For purposes of this | 2 | | Section, "compliance violation" means a violation of a
| 3 | | municipal or county regulation governing the condition or use | 4 | | of equipment on a vehicle
or governing the display of a | 5 | | municipal or county wheel tax license.
| 6 | | (b) Any ordinance establishing a system of administrative | 7 | | adjudication
under this Section shall provide for:
| 8 | | (1) A traffic compliance administrator authorized to
| 9 | | adopt, distribute and
process parking, compliance, and | 10 | | automated speed enforcement system or automated traffic | 11 | | law violation notices and other notices required
by this
| 12 | | Section, collect money paid as fines and penalties for | 13 | | violation of parking
and compliance
ordinances and | 14 | | automated speed enforcement system or automated traffic | 15 | | law violations, and operate an administrative adjudication | 16 | | system. The traffic
compliance
administrator also may make | 17 | | a certified report to the Secretary of State
under Section | 18 | | 6-306.5.
| 19 | | (2) A parking, standing, compliance, automated speed | 20 | | enforcement system, or automated traffic law violation | 21 | | notice
that
shall specify the date,
time, and place of | 22 | | violation of a parking, standing,
compliance, automated | 23 | | speed enforcement system, or automated traffic law
| 24 | | regulation; the particular regulation
violated; any | 25 | | requirement to complete a traffic education program; the | 26 | | fine and any penalty that may be assessed for late payment |
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| 1 | | or failure to complete a required traffic education | 2 | | program, or both,
when so provided by ordinance; the | 3 | | vehicle make and state registration
number; and the | 4 | | identification number of the
person issuing the notice.
| 5 | | With regard to automated speed enforcement system or | 6 | | automated traffic law violations, vehicle make shall be | 7 | | specified on the automated speed enforcement system or | 8 | | automated traffic law violation notice if the make is | 9 | | available and readily discernible. With regard to | 10 | | municipalities or counties with a population of 1 million | 11 | | or more, it
shall be grounds for
dismissal of a parking
| 12 | | violation if the state registration number or vehicle make | 13 | | specified is
incorrect. The violation notice shall state | 14 | | that the completion of any required traffic education | 15 | | program, the payment of any indicated
fine, and the payment | 16 | | of any applicable penalty for late payment or failure to | 17 | | complete a required traffic education program, or both, | 18 | | shall operate as a
final disposition of the violation. The | 19 | | notice also shall contain
information as to the | 20 | | availability of a hearing in which the violation may
be | 21 | | contested on its merits. The violation notice shall specify | 22 | | the
time and manner in which a hearing may be had.
| 23 | | (3) Service of the parking, standing, or compliance
| 24 | | violation notice by affixing the
original or a facsimile of | 25 | | the notice to an unlawfully parked vehicle or by
handing | 26 | | the notice to the operator of a vehicle if he or she is
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| 1 | | present and service of an automated speed enforcement | 2 | | system or automated traffic law violation notice by mail to | 3 | | the
address
of the registered owner or lessee of the cited | 4 | | vehicle as recorded with the Secretary of
State or the | 5 | | lessor of the motor vehicle within 30 days after the | 6 | | Secretary of State or the lessor of the motor vehicle | 7 | | notifies the municipality or county of the identity of the | 8 | | owner or lessee of the vehicle, but not later than 90 days | 9 | | after the violation, except that in the case of a lessee of | 10 | | a motor vehicle, service of an automated traffic law | 11 | | violation notice may occur no later than 210 days after the | 12 | | violation. A person authorized by ordinance to issue and | 13 | | serve parking,
standing, and compliance
violation notices | 14 | | shall certify as to the correctness of the facts entered
on | 15 | | the violation notice by signing his or her name to the | 16 | | notice at
the time of service or in the case of a notice | 17 | | produced by a computerized
device, by signing a single | 18 | | certificate to be kept by the traffic
compliance
| 19 | | administrator attesting to the correctness of all notices | 20 | | produced by the
device while it was under his or her | 21 | | control. In the case of an automated traffic law violation, | 22 | | the ordinance shall
require
a
determination by a technician | 23 | | employed or contracted by the municipality or county that,
| 24 | | based on inspection of recorded images, the motor vehicle | 25 | | was being operated in
violation of Section 11-208.6 or | 26 | | 11-1201.1 or a local ordinance.
If the technician |
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| 1 | | determines that the
vehicle entered the intersection as | 2 | | part of a funeral procession or in order to
yield the | 3 | | right-of-way to an emergency vehicle, a citation shall not | 4 | | be issued. In municipalities with a population of less than | 5 | | 1,000,000 inhabitants and counties with a population of | 6 | | less than 3,000,000 inhabitants, the automated traffic law | 7 | | ordinance shall require that all determinations by a | 8 | | technician that a motor vehicle was being operated in
| 9 | | violation of Section 11-208.6 or 11-1201.1 or a local | 10 | | ordinance must be reviewed and approved by a law | 11 | | enforcement officer or retired law enforcement officer of | 12 | | the municipality or county issuing the violation. In | 13 | | municipalities with a population of 1,000,000 or more | 14 | | inhabitants and counties with a population of 3,000,000 or | 15 | | more inhabitants, the automated traffic law ordinance | 16 | | shall require that all determinations by a technician that | 17 | | a motor vehicle was being operated in
violation of Section | 18 | | 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | 19 | | and approved by a law enforcement officer or retired law | 20 | | enforcement officer of the municipality or county issuing | 21 | | the violation or by an additional fully-trained reviewing | 22 | | technician who is not employed by the contractor who | 23 | | employs the technician who made the initial determination. | 24 | | In the case of an automated speed enforcement system | 25 | | violation, the ordinance shall require a determination by a | 26 | | technician employed by the municipality, based upon an |
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| 1 | | inspection of recorded images, video or other | 2 | | documentation, including documentation of the speed limit | 3 | | and automated speed enforcement signage, and documentation | 4 | | of the inspection, calibration, and certification of the | 5 | | speed equipment, that the vehicle was being operated in | 6 | | violation of Article VI of Chapter 11 of this Code or a | 7 | | similar local ordinance. If the technician determines that | 8 | | the vehicle speed was not determined by a calibrated, | 9 | | certified speed equipment device based upon the speed | 10 | | equipment documentation, or if the vehicle was an emergency | 11 | | vehicle, a citation may not be issued. The automated speed | 12 | | enforcement ordinance shall require that all | 13 | | determinations by a technician that a violation occurred be | 14 | | reviewed and approved by a law enforcement officer or | 15 | | retired law enforcement officer of the municipality | 16 | | issuing the violation or by an additional fully trained | 17 | | reviewing technician who is not employed by the contractor | 18 | | who employs the technician who made the initial | 19 | | determination. Routine and independent calibration of the | 20 | | speeds produced by automated speed enforcement systems and | 21 | | equipment shall be conducted by a qualified technician. | 22 | | Speeds produced by an automated speed enforcement system | 23 | | shall be compared with speeds produced by lidar or other | 24 | | independent equipment. Qualified technicians shall test | 25 | | radar or lidar equipment no less frequently than once each | 26 | | week, and shall test loop based equipment no less |
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| 1 | | frequently than once a year. Radar equipment shall be | 2 | | checked for accuracy by a qualified technician when the | 3 | | unit is serviced, when unusual or suspect readings persist, | 4 | | or when deemed necessary by a reviewing technician. Radar | 5 | | equipment shall be checked with certified tuning forks, the | 6 | | internal circuit test, and diode display test whenever the | 7 | | radar is turned on. Technicians must be alert for any | 8 | | unusual or suspect readings, and if unusual or suspect | 9 | | readings of a radar unit persist, that unit shall | 10 | | immediately be removed from service and not returned to | 11 | | service until it has been checked by a qualified technician | 12 | | and determined to be functioning properly. Documentation | 13 | | of the calibration results, including the equipment | 14 | | tested, test date, technician performing the test, and test | 15 | | results, shall be maintained and available for use in the | 16 | | determination of an automated speed enforcement system | 17 | | violation and issuance of a citation. The technician | 18 | | performing the calibration and testing of the automated | 19 | | speed enforcement equipment shall be trained and certified | 20 | | in the use of equipment for speed enforcement purposes. | 21 | | Training on the speed enforcement equipment may be | 22 | | conducted by law enforcement, civilian, or manufacturer's | 23 | | personnel and shall be equivalent to the equipment use and | 24 | | operations training included in the Speed Measuring Device | 25 | | Operator Program developed by the National Highway Traffic | 26 | | Safety Administration (NHTSA). The technician who performs |
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| 1 | | the work shall keep accurate records on each piece of | 2 | | equipment the technician calibrates and tests. As used in | 3 | | this paragraph, "fully-trained reviewing technician" means | 4 | | a person who has received at least 40 hours of supervised | 5 | | training in subjects which shall include image inspection | 6 | | and interpretation, the elements necessary to prove a | 7 | | violation, license plate identification, and traffic | 8 | | safety and management. In all municipalities and counties, | 9 | | the automated speed enforcement system or automated | 10 | | traffic law ordinance shall require that no additional fee | 11 | | shall be charged to the alleged violator for exercising his | 12 | | or her right to an administrative hearing, and persons | 13 | | shall be given at least 25 days following an administrative | 14 | | hearing to pay any civil penalty imposed by a finding that | 15 | | Section 11-208.6, 11-208.8, or 11-1201.1 or a similar local | 16 | | ordinance has been violated. The original or a
facsimile of | 17 | | the violation notice or, in the case of a notice produced | 18 | | by a
computerized device, a printed record generated by the | 19 | | device showing the facts
entered on the notice, shall be | 20 | | retained by the
traffic compliance
administrator, and | 21 | | shall be a record kept in the ordinary course of
business. | 22 | | A parking, standing, compliance, automated speed | 23 | | enforcement system, or automated traffic law violation | 24 | | notice issued,
signed and served in
accordance with this | 25 | | Section, a copy of the notice, or the computer
generated | 26 | | record shall be prima facie
correct and shall be prima |
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| 1 | | facie evidence of the correctness of the facts
shown on the | 2 | | notice. The notice, copy, or computer generated
record | 3 | | shall be admissible in any
subsequent administrative or | 4 | | legal proceedings.
| 5 | | (4) An opportunity for a hearing for the registered | 6 | | owner of the
vehicle cited in the parking, standing, | 7 | | compliance, automated speed enforcement system, or | 8 | | automated traffic law violation notice in
which the owner | 9 | | may
contest the merits of the alleged violation, and during | 10 | | which formal or
technical rules of evidence shall not | 11 | | apply; provided, however, that under
Section 11-1306 of | 12 | | this Code the lessee of a vehicle cited in the
violation | 13 | | notice likewise shall be provided an opportunity for a | 14 | | hearing of
the same kind afforded the registered owner. The | 15 | | hearings shall be
recorded, and the person conducting the | 16 | | hearing on behalf of the traffic
compliance
administrator | 17 | | shall be empowered to administer oaths and to secure by
| 18 | | subpoena both the attendance and testimony of witnesses and | 19 | | the production
of relevant books and papers. Persons | 20 | | appearing at a hearing under this
Section may be | 21 | | represented by counsel at their expense. The ordinance may
| 22 | | also provide for internal administrative review following | 23 | | the decision of
the hearing officer.
| 24 | | (5) Service of additional notices, sent by first class | 25 | | United States
mail, postage prepaid, to the address of the | 26 | | registered owner of the cited
vehicle as recorded with the |
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| 1 | | Secretary of State or, if any notice to that address is | 2 | | returned as undeliverable, to the last known address | 3 | | recorded in a United States Post Office approved database,
| 4 | | or, under Section 11-1306
or subsection (p) of Section | 5 | | 11-208.6, or subsection (p) of Section 11-208.8 of this | 6 | | Code, to the lessee of the cited vehicle at the last | 7 | | address known
to the lessor of the cited vehicle at the | 8 | | time of lease or, if any notice to that address is returned | 9 | | as undeliverable, to the last known address recorded in a | 10 | | United States Post Office approved database.
The service | 11 | | shall
be deemed complete as of the date of deposit in the | 12 | | United States mail.
The notices shall be in the following | 13 | | sequence and shall include but not be
limited to the | 14 | | information specified herein:
| 15 | | (i) A second notice of parking, standing, or | 16 | | compliance violation. This notice shall specify the
| 17 | | date and location of the violation cited in the | 18 | | parking,
standing,
or compliance violation
notice, the | 19 | | particular regulation violated, the vehicle
make and | 20 | | state registration number, any requirement to complete | 21 | | a traffic education program, the fine and any penalty | 22 | | that may be
assessed for late payment or failure to | 23 | | complete a traffic education program, or both, when so | 24 | | provided by ordinance, the availability
of a hearing in | 25 | | which the violation may be contested on its merits, and | 26 | | the
time and manner in which the hearing may be had. |
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| 1 | | The notice of violation
shall also state that failure | 2 | | to complete a required traffic education program, to | 3 | | pay the indicated fine and any
applicable penalty, or | 4 | | to appear at a hearing on the merits in the time and
| 5 | | manner specified, will result in a final determination | 6 | | of violation
liability for the cited violation in the | 7 | | amount of the fine or penalty
indicated, and that, upon | 8 | | the occurrence of a final determination of violation | 9 | | liability for the failure, and the exhaustion of, or
| 10 | | failure to exhaust, available administrative or | 11 | | judicial procedures for
review, any incomplete traffic | 12 | | education program or any unpaid fine or penalty, or | 13 | | both, will constitute a debt due and owing
the | 14 | | municipality or county.
| 15 | | (ii) A notice of final determination of parking, | 16 | | standing,
compliance, automated speed enforcement | 17 | | system, or automated traffic law violation liability.
| 18 | | This notice shall be sent following a final | 19 | | determination of parking,
standing, compliance, | 20 | | automated speed enforcement system, or automated | 21 | | traffic law
violation liability and the conclusion of | 22 | | judicial review procedures taken
under this Section. | 23 | | The notice shall state that the incomplete traffic | 24 | | education program or the unpaid fine or
penalty, or | 25 | | both, is a debt due and owing the municipality or | 26 | | county. The notice shall contain
warnings that failure |
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| 1 | | to complete any required traffic education program or | 2 | | to pay any fine or penalty due and owing the
| 3 | | municipality or county, or both, within the time | 4 | | specified may result in the municipality's
or county's | 5 | | filing of a petition in the Circuit Court to have the | 6 | | incomplete traffic education program or unpaid
fine or | 7 | | penalty, or both, rendered a judgment as provided by | 8 | | this Section, or may
result in suspension of the | 9 | | person's drivers license for failure to complete a | 10 | | traffic education program or to pay
fines or penalties, | 11 | | or both, for 10 or more parking violations under | 12 | | Section 6-306.5 , or a combination of 5 or more | 13 | | automated traffic law violations under Section | 14 | | 11-208.6 or automated speed enforcement system | 15 | | violations under Section 11-208.8 .
| 16 | | (6) A notice of impending drivers license suspension. | 17 | | This
notice shall be sent to the person liable for failure | 18 | | to complete a required traffic education program or to pay | 19 | | any fine or penalty that
remains due and owing, or both, on | 20 | | 10 or more parking
violations or combination of 5 or more | 21 | | unpaid automated speed enforcement system or automated | 22 | | traffic law violations. The notice
shall state that failure | 23 | | to complete a required traffic education program or to pay | 24 | | the fine or penalty owing, or both, within 45 days of
the | 25 | | notice's date will result in the municipality or county | 26 | | notifying the Secretary
of State that the person is |
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| 1 | | eligible for initiation of suspension
proceedings under | 2 | | Section 6-306.5 of this Code. The notice shall also state
| 3 | | that the person may obtain a photostatic copy of an | 4 | | original ticket imposing a
fine or penalty by sending a | 5 | | self addressed, stamped envelope to the
municipality or | 6 | | county along with a request for the photostatic copy.
The | 7 | | notice of impending
drivers license suspension shall be | 8 | | sent by first class United States mail,
postage prepaid, to | 9 | | the address recorded with the Secretary of State or, if any | 10 | | notice to that address is returned as undeliverable, to the | 11 | | last known address recorded in a United States Post Office | 12 | | approved database.
| 13 | | (7) Final determinations of violation liability. A | 14 | | final
determination of violation liability shall occur | 15 | | following failure to complete the required traffic | 16 | | education program or
to pay the fine or penalty, or both, | 17 | | after a hearing officer's determination of violation | 18 | | liability and the exhaustion of or failure to exhaust any
| 19 | | administrative review procedures provided by ordinance. | 20 | | Where a person
fails to appear at a hearing to contest the | 21 | | alleged violation in the time
and manner specified in a | 22 | | prior mailed notice, the hearing officer's
determination | 23 | | of violation liability shall become final: (A) upon
denial | 24 | | of a timely petition to set aside that determination, or | 25 | | (B) upon
expiration of the period for filing the petition | 26 | | without a
filing having been made.
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| 1 | | (8) A petition to set aside a determination of parking, | 2 | | standing,
compliance, automated speed enforcement system, | 3 | | or automated traffic law violation
liability that may be | 4 | | filed by a person owing an unpaid fine or penalty. A | 5 | | petition to set aside a determination of liability may also | 6 | | be filed by a person required to complete a traffic | 7 | | education program.
The petition shall be filed with and | 8 | | ruled upon by the traffic compliance
administrator in the | 9 | | manner and within the time specified by ordinance.
The | 10 | | grounds for the petition may be limited to: (A) the person | 11 | | not having
been the owner or lessee of the cited vehicle on | 12 | | the date the
violation notice was issued, (B) the person | 13 | | having already completed the required traffic education | 14 | | program or paid the fine or
penalty, or both, for the | 15 | | violation in question, and (C) excusable failure to
appear | 16 | | at or
request a new date for a hearing.
With regard to | 17 | | municipalities or counties with a population of 1 million | 18 | | or more, it
shall be grounds for
dismissal of a
parking | 19 | | violation if the state registration number, or vehicle make | 20 | | if specified, is
incorrect. After the determination of
| 21 | | parking, standing, compliance, automated speed enforcement | 22 | | system, or automated traffic law violation liability has | 23 | | been set aside
upon a showing of just
cause, the registered | 24 | | owner shall be provided with a hearing on the merits
for | 25 | | that violation.
| 26 | | (9) Procedures for non-residents. Procedures by which |
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| 1 | | persons who are
not residents of the municipality or county | 2 | | may contest the merits of the alleged
violation without | 3 | | attending a hearing.
| 4 | | (10) A schedule of civil fines for violations of | 5 | | vehicular standing,
parking, compliance, automated speed | 6 | | enforcement system, or automated traffic law regulations | 7 | | enacted by ordinance pursuant to this
Section, and a
| 8 | | schedule of penalties for late payment of the fines or | 9 | | failure to complete required traffic education programs, | 10 | | provided, however,
that the total amount of the fine and | 11 | | penalty for any one violation shall
not exceed $250, except | 12 | | as provided in subsection (c) of Section 11-1301.3 of this | 13 | | Code.
| 14 | | (11) Other provisions as are necessary and proper to | 15 | | carry into
effect the powers granted and purposes stated in | 16 | | this Section.
| 17 | | (c) Any municipality or county establishing vehicular | 18 | | standing, parking,
compliance, automated speed enforcement | 19 | | system, or automated traffic law
regulations under this Section | 20 | | may also provide by ordinance for a
program of vehicle | 21 | | immobilization for the purpose of facilitating
enforcement of | 22 | | those regulations. The program of vehicle
immobilization shall | 23 | | provide for immobilizing any eligible vehicle upon the
public | 24 | | way by presence of a restraint in a manner to prevent operation | 25 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 26 | | immobilization under this Section shall provide:
|
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| 1 | | (1) Criteria for the designation of vehicles eligible | 2 | | for
immobilization. A vehicle shall be eligible for | 3 | | immobilization when the
registered owner of the vehicle has | 4 | | accumulated the number of incomplete traffic education | 5 | | programs or unpaid final
determinations of parking, | 6 | | standing, compliance, automated speed enforcement system, | 7 | | or automated traffic law violation liability, or both, as
| 8 | | determined by ordinance.
| 9 | | (2) A notice of impending vehicle immobilization and a | 10 | | right to a
hearing to challenge the validity of the notice | 11 | | by disproving liability
for the incomplete traffic | 12 | | education programs or unpaid final determinations of | 13 | | parking, standing, compliance, automated speed enforcement | 14 | | system, or automated traffic law
violation liability, or | 15 | | both, listed
on the notice.
| 16 | | (3) The right to a prompt hearing after a vehicle has | 17 | | been immobilized
or subsequently towed without the | 18 | | completion of the required traffic education program or | 19 | | payment of the outstanding fines and
penalties on parking, | 20 | | standing, compliance, automated speed enforcement system, | 21 | | or automated traffic law violations, or both, for which | 22 | | final
determinations have been
issued. An order issued | 23 | | after the hearing is a final administrative
decision within | 24 | | the meaning of Section 3-101 of the Code of Civil | 25 | | Procedure.
| 26 | | (4) A post immobilization and post-towing notice |
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| 1 | | advising the registered
owner of the vehicle of the right | 2 | | to a hearing to challenge the validity
of the impoundment.
| 3 | | (d) Judicial review of final determinations of parking, | 4 | | standing,
compliance, automated speed enforcement system, or | 5 | | automated traffic law
violations and final administrative | 6 | | decisions issued after hearings
regarding vehicle | 7 | | immobilization and impoundment made
under this Section shall be | 8 | | subject to the provisions of
the Administrative Review Law.
| 9 | | (e) Any fine, penalty, incomplete traffic education | 10 | | program, or part of any fine or any penalty remaining
unpaid | 11 | | after the exhaustion of, or the failure to exhaust, | 12 | | administrative
remedies created under this Section and the | 13 | | conclusion of any judicial
review procedures shall be a debt | 14 | | due and owing the municipality or county and, as
such, may be | 15 | | collected in accordance with applicable law. Completion of any | 16 | | required traffic education program and payment in full
of any | 17 | | fine or penalty resulting from a standing, parking,
compliance, | 18 | | automated speed enforcement system, or automated traffic law | 19 | | violation shall
constitute a final disposition of that | 20 | | violation.
| 21 | | (f) After the expiration of the period within which | 22 | | judicial review may
be sought for a final determination of | 23 | | parking, standing, compliance, automated speed enforcement | 24 | | system, or automated traffic law
violation, the municipality
or | 25 | | county may commence a proceeding in the Circuit Court for | 26 | | purposes of obtaining a
judgment on the final determination of |
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| 1 | | violation. Nothing in this
Section shall prevent a municipality | 2 | | or county from consolidating multiple final
determinations of | 3 | | parking, standing, compliance, automated speed enforcement | 4 | | system, or automated traffic law violations against a
person in | 5 | | a proceeding.
Upon commencement of the action, the municipality | 6 | | or county shall file a certified
copy or record of the final | 7 | | determination of parking, standing, compliance, automated | 8 | | speed enforcement system, or automated traffic law
violation, | 9 | | which shall be
accompanied by a certification that recites | 10 | | facts sufficient to show that
the final determination of | 11 | | violation was
issued in accordance with this Section and the | 12 | | applicable municipal
or county ordinance. Service of the | 13 | | summons and a copy of the petition may be by
any method | 14 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 15 | | certified mail, return receipt requested, provided that the | 16 | | total amount of
fines and penalties for final determinations of | 17 | | parking, standing,
compliance, automated speed enforcement | 18 | | system, or automated traffic law violations does not
exceed | 19 | | $2500. If the court is satisfied that the final determination | 20 | | of
parking, standing, compliance, automated speed enforcement | 21 | | system, or automated traffic law violation was entered in | 22 | | accordance with
the requirements of
this Section and the | 23 | | applicable municipal or county ordinance, and that the | 24 | | registered
owner or the lessee, as the case may be, had an | 25 | | opportunity for an
administrative hearing and for judicial | 26 | | review as provided in this Section,
the court shall render |
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| 1 | | judgment in favor of the municipality or county and against
the | 2 | | registered owner or the lessee for the amount indicated in the | 3 | | final
determination of parking, standing, compliance, | 4 | | automated speed enforcement system, or automated traffic law | 5 | | violation, plus costs.
The judgment shall have
the same effect | 6 | | and may be enforced in the same manner as other judgments
for | 7 | | the recovery of money.
| 8 | | (g) The fee for participating in a traffic education | 9 | | program under this Section shall not exceed $25. | 10 | | A low-income individual required to complete a traffic | 11 | | education program under this Section who provides proof of | 12 | | eligibility for the federal earned income tax credit under | 13 | | Section 32 of the Internal Revenue Code or the Illinois earned | 14 | | income tax credit under Section 212 of the Illinois Income Tax | 15 | | Act shall not be required to pay any fee for participating in a | 16 | | required traffic education program. | 17 | | (Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; | 18 | | 96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | 19 | | 7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11; 97-672, eff. | 20 | | 7-1-12 .)
| 21 | | (625 ILCS 5/11-612) | 22 | | Sec. 11-612. Certain systems to record vehicle speeds | 23 | | prohibited. Except as authorized in the Automated Traffic | 24 | | Control Systems in Highway Construction or Maintenance Zones | 25 | | Act and Section 11-208.8 of this Code , no photographic, video, |
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| 1 | | or other imaging system may be used in this State to record | 2 | | vehicle speeds for the purpose of enforcing any law or | 3 | | ordinance regarding a maximum or minimum speed limit unless a | 4 | | law enforcement officer is present at the scene and witnesses | 5 | | the event. No State or local governmental entity, including a | 6 | | home rule county or municipality, may use such a system in a | 7 | | way that is prohibited by this Section. The regulation of the | 8 | | use of such systems is an exclusive power and function of the | 9 | | State. This Section is a denial and limitation of home rule | 10 | | powers and functions under subsection (h) of Section 6 of | 11 | | Article VII of the Illinois Constitution.
| 12 | | (Source: P.A. 97-672, eff. 7-1-12 .) | 13 | | (625 ILCS 5/1-105.1 rep.)
| 14 | | (625 ILCS 5/11-208.6 rep.)
| 15 | | (625 ILCS 5/11-208.8 rep.) | 16 | | Section 10. The Illinois Vehicle Code is amended by | 17 | | repealing Sections 1-105.1, 11-208.6, and 11-208.8.".
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