Full Text of SB1825 98th General Assembly
SB1825sam001 98TH GENERAL ASSEMBLY | Sen. John M. Sullivan Filed: 3/5/2013
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| 1 | | AMENDMENT TO SENATE BILL 1825
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1825 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 4-203 and 18a-300 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.
| 9 | | (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.
| 13 | | (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 |
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| 1 | | highway
other than a toll highway, interstate highway, or | 2 | | expressway, outside of
an urban district for 24 hours or more, | 3 | | its removal by a towing service
may be authorized by a law | 4 | | enforcement agency having jurisdiction.
| 5 | | (d) When an abandoned, unattended, wrecked, burned or | 6 | | partially
dismantled vehicle is creating a traffic hazard | 7 | | because of its position
in relation to the highway or its | 8 | | physical appearance is causing the
impeding of traffic, its | 9 | | immediate removal from the highway or private
property adjacent | 10 | | to the highway by a towing service may be authorized
by a law | 11 | | enforcement agency having jurisdiction.
| 12 | | (e) Whenever a
peace officer reasonably believes that a | 13 | | person under
arrest for a violation of Section 11-501 of this | 14 | | Code or a similar
provision of a local ordinance is likely, | 15 | | upon release, to commit a
subsequent violation of Section | 16 | | 11-501, or a similar provision of a local
ordinance, the | 17 | | arresting officer shall have the vehicle which the person
was | 18 | | operating at the time of the arrest impounded for a period of | 19 | | not more
than 12 hours after the time of arrest. However, such | 20 | | vehicle may be
released by the arresting law enforcement agency | 21 | | prior to the end of the
impoundment period if:
| 22 | | (1) the vehicle was not owned by the person under | 23 | | arrest, and the lawful
owner requesting such release | 24 | | possesses a valid operator's license, proof
of ownership, | 25 | | and would not, as determined by the arresting law | 26 | | enforcement
agency, indicate a lack of ability to operate a |
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| 1 | | motor vehicle in a safe
manner, or who would otherwise, by | 2 | | operating such motor vehicle, be in
violation of this Code; | 3 | | or
| 4 | | (2) the vehicle is owned by the person under arrest, | 5 | | and the person
under arrest gives permission to another | 6 | | person to operate such vehicle,
provided however, that the | 7 | | other person possesses a valid operator's license
and would | 8 | | not, as determined by the arresting law enforcement
agency, | 9 | | indicate a lack of ability to operate a motor vehicle in a | 10 | | safe
manner or who would otherwise, by operating such motor | 11 | | vehicle, be in
violation of this Code.
| 12 | | (e-5) Whenever a registered owner of a vehicle is taken | 13 | | into custody for
operating the vehicle in violation of Section | 14 | | 11-501 of this Code or a similar
provision of a local ordinance | 15 | | or Section 6-303 of this Code, a
law enforcement officer
may | 16 | | have the vehicle immediately impounded for a period not less | 17 | | than:
| 18 | | (1) 24 hours for a second violation of Section 11-501 | 19 | | of this Code or a
similar provision of a local ordinance or | 20 | | Section 6-303
of
this Code or a combination of these | 21 | | offenses; or
| 22 | | (2) 48 hours for a third violation of Section 11-501 of | 23 | | this Code or a
similar provision of a local ordinance or | 24 | | Section 6-303 of this
Code or a combination of these | 25 | | offenses.
| 26 | | The vehicle may be released sooner if the vehicle is owned |
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| 1 | | 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.
| 8 | | (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:
| 21 | | 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.
| 26 | | 2. The towing service shall within 30 minutes of |
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| 1 | | completion of such
towing or removal, notify the law | 2 | | enforcement agency having jurisdiction of
such towing or | 3 | | removal, and the make, model, color and license plate | 4 | | number
of the vehicle, and shall obtain and record the name | 5 | | of the person at the law
enforcement agency to whom such | 6 | | information was reported.
| 7 | | 3. If the registered owner or legally authorized person | 8 | | entitled to
possession of the vehicle shall arrive at the | 9 | | scene prior to actual removal
or towing of the vehicle, the | 10 | | vehicle shall be disconnected from the tow
truck and that | 11 | | person shall be allowed to remove the vehicle without
| 12 | | interference, upon the payment of a reasonable service fee | 13 | | of not more than
one half the posted rate of the towing | 14 | | service as provided in paragraph
6 of this subsection, for | 15 | | which a receipt shall be given.
| 16 | | 4. The rebate or payment of money or any other valuable | 17 | | consideration
from the towing service or its owners, | 18 | | managers or employees to the owners
or operators of the | 19 | | premises from which the vehicles are towed or removed,
for | 20 | | the privilege of removing or towing those vehicles, is | 21 | | prohibited. Any
individual who violates this paragraph | 22 | | shall be guilty of a Class A
misdemeanor.
| 23 | | 5. Except for property appurtenant to and obviously a | 24 | | part of a single
family residence, and except for instances | 25 | | where notice is personally given
to the owner or other | 26 | | legally authorized person in control of the vehicle
that |
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| 1 | | the area in which that vehicle is parked is reserved or | 2 | | otherwise
unavailable to unauthorized vehicles and they | 3 | | are subject to being removed
at the owner or operator's | 4 | | expense, any property owner or lessor, prior to
towing or | 5 | | removing any vehicle from private property without the | 6 | | consent of
the owner or other legally authorized person in | 7 | | control of that vehicle,
must post a notice meeting the | 8 | | following requirements:
| 9 | | a. Except as otherwise provided in subparagraph | 10 | | a.1 of this subdivision (f)5, the notice must be | 11 | | prominently placed at each driveway access or curb
cut | 12 | | allowing vehicular access to the property within 5 feet | 13 | | from the public
right-of-way line. If there are no | 14 | | curbs or access barriers, the sign must
be posted not | 15 | | less than one sign each 100 feet of lot frontage.
| 16 | | a.1. In a municipality with a population of less | 17 | | than 250,000, as an alternative to the requirement of | 18 | | subparagraph a of this subdivision (f)5, the notice for | 19 | | a parking lot contained within property used solely for | 20 | | a 2-family, 3-family, or 4-family residence may be | 21 | | prominently placed at the perimeter of the parking lot, | 22 | | in a position where the notice is visible to the | 23 | | occupants of vehicles entering the lot.
| 24 | | b. The notice must indicate clearly, in not less | 25 | | than 2 inch high
light-reflective letters on a | 26 | | contrasting background, that unauthorized
vehicles |
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| 1 | | will be towed away at the owner's expense.
| 2 | | c. The notice must also provide the name and | 3 | | current telephone
number of the towing service towing | 4 | | or removing the vehicle.
| 5 | | d. The sign structure containing the required | 6 | | notices must be
permanently installed with the bottom | 7 | | of the sign not less than 4 feet
above ground level, | 8 | | and must be continuously maintained on the property for
| 9 | | not less than 24 hours prior to the towing or removing | 10 | | of any vehicle.
| 11 | | 6. Any towing service that tows or removes vehicles and | 12 | | proposes to
require the owner, operator, or person in | 13 | | control of the vehicle to pay the
costs of towing and | 14 | | storage prior to redemption of the vehicle must file
and | 15 | | keep on record with the local law enforcement agency a | 16 | | complete copy of
the current rates to be charged for such | 17 | | services, and post at the storage
site an identical rate | 18 | | schedule and any written contracts with property
owners, | 19 | | lessors, or persons in control of property which authorize | 20 | | them to
remove vehicles as provided in this Section.
The | 21 | | towing and storage charges, however, shall not exceed the | 22 | | maximum allowed by the Illinois Commerce Commission under | 23 | | Section 18a-200.
| 24 | | 7. No person shall engage in the removal of vehicles | 25 | | from private
property as described in this Section without | 26 | | filing a notice of intent
in each community where he |
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| 1 | | intends to do such removal, and such
notice shall be filed | 2 | | at least 7 days before commencing such towing.
| 3 | | 8. No removal of a vehicle from private property shall | 4 | | be done except
upon express written instructions of the | 5 | | owners or persons in charge of the
private property upon | 6 | | which the vehicle is said to be trespassing.
| 7 | | 9. Vehicle entry for the purpose of removal shall be | 8 | | allowed with
reasonable care on the part of the person or | 9 | | firm towing the vehicle. Such
person or firm shall be | 10 | | liable for any damages occasioned to the vehicle if
such | 11 | | entry is not in accordance with the standards of reasonable | 12 | | care.
| 13 | | 9.5. Except as authorized by a law enforcement officer, | 14 | | no towing service shall engage in the removal of a | 15 | | commercial motor vehicle by operating the vehicle under its | 16 | | own power on a highway. | 17 | | 10. When a vehicle has been towed or removed pursuant | 18 | | to this Section,
it must be released to its owner or | 19 | | custodian within one half hour after
requested, if such | 20 | | request is made during business hours. Any vehicle owner
or | 21 | | custodian or agent shall have the right to inspect the | 22 | | vehicle before
accepting its return, and no release or | 23 | | waiver of any kind which would
release the towing service | 24 | | from liability for damages incurred during the
towing and | 25 | | storage may be required from any vehicle owner or other | 26 | | legally
authorized person as a condition of release of the |
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| 1 | | vehicle. A detailed,
signed receipt showing the legal name | 2 | | of the towing service must be given
to the person paying | 3 | | towing or storage charges at the time of payment,
whether | 4 | | requested or not.
| 5 | | This Section shall not apply to law enforcement, | 6 | | firefighting, rescue,
ambulance, or other emergency vehicles | 7 | | which are marked as such or to
property owned by any | 8 | | governmental entity.
| 9 | | When an authorized person improperly causes a motor vehicle | 10 | | to be
removed, such person shall be liable to the owner or | 11 | | lessee of the vehicle
for the cost or removal, transportation | 12 | | and storage, any damages resulting
from the removal, | 13 | | transportation and storage, attorney's fee and court costs.
| 14 | | Any towing or storage charges accrued shall be payable by | 15 | | the use of any
major credit card, in addition to being payable | 16 | | in cash.
| 17 | | 11. Towing companies shall also provide insurance | 18 | | coverage for areas
where vehicles towed under the | 19 | | provisions of this Chapter will be impounded
or otherwise | 20 | | stored, and shall adequately cover loss by fire, theft or
| 21 | | other risks.
| 22 | | Any person who fails to comply with the conditions and | 23 | | restrictions of
this subsection shall be guilty of a Class C | 24 | | misdemeanor and shall be fined
not less than $100 nor more than | 25 | | $500.
| 26 | | (g)(1) When a vehicle is determined to be a hazardous |
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| 1 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 2 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 3 | | Code, its
removal and impoundment by a towing service may be | 4 | | authorized by a law
enforcement agency with appropriate | 5 | | jurisdiction.
| 6 | | (2) When a vehicle removal from either public or private | 7 | | property is
authorized by a law enforcement agency, the owner | 8 | | of the vehicle shall be
responsible for all towing and storage | 9 | | charges.
| 10 | | (3) Vehicles removed from public or private property and
| 11 | | stored by a commercial vehicle relocator or any other towing | 12 | | service authorized by a law enforcement agency in
compliance | 13 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 14 | | at the request of the vehicle owner or operator,
shall
be | 15 | | subject to a possessor lien for services
pursuant to the Labor | 16 | | and Storage Lien (Small Amount) Act. The provisions of Section | 17 | | 1 of that Act relating to notice
and implied consent shall be | 18 | | deemed satisfied by compliance with Section
18a-302 and | 19 | | subsection (6) of Section 18a-300. In no event shall such lien
| 20 | | be greater than the rate or rates established in accordance | 21 | | with subsection
(6) of Section 18a-200 of this Code. In no | 22 | | event shall such lien be
increased or altered to reflect any | 23 | | charge for services or materials
rendered in addition to those | 24 | | authorized by this Act. Every such lien
shall be payable by use | 25 | | of any major credit card, in addition to being
payable in cash.
| 26 | | (4) Any personal property belonging to the vehicle owner in |
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| 1 | | a vehicle subject to a lien under this
subsection
(g) shall | 2 | | likewise be subject to that lien, excepting only:
child | 3 | | restraint systems as defined in Section 4 of the Child | 4 | | Passenger Protection Act and other child booster seats; | 5 | | eyeglasses; food; medicine; perishable property; any | 6 | | operator's licenses; any cash, credit
cards, or checks or | 7 | | checkbooks; any wallet, purse, or other property
containing any | 8 | | operator's license or other identifying documents or | 9 | | materials,
cash, credit cards, checks, or checkbooks; and any | 10 | | personal property belonging to a person other than the vehicle | 11 | | owner if that person provides adequate proof that the personal | 12 | | property belongs to that person. The spouse, child, mother, | 13 | | father, brother, or sister of the vehicle owner may claim | 14 | | personal property excepted under this paragraph (4) if the | 15 | | person claiming the personal property provides the commercial | 16 | | vehicle relocator or towing service with the authorization of | 17 | | the vehicle owner. | 18 | | (5) This paragraph (5) applies only in the case of a | 19 | | vehicle that is towed as a result of being involved in an | 20 | | accident. In addition to the personal property excepted under | 21 | | paragraph (4), all other personal property in a vehicle subject | 22 | | to a lien under this subsection (g) is exempt from that lien | 23 | | and may be claimed by the vehicle owner if the vehicle owner | 24 | | provides the commercial vehicle relocator or towing service | 25 | | with proof that the vehicle owner has an insurance policy | 26 | | covering towing and storage fees. The spouse, child, mother, |
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| 1 | | father, brother, or sister of the vehicle owner may claim | 2 | | personal property in a vehicle subject to a lien under this | 3 | | subsection (g) if the person claiming the personal property | 4 | | provides the commercial vehicle relocator or towing service | 5 | | with the authorization of the vehicle owner and proof that the | 6 | | vehicle owner has an insurance policy covering towing and | 7 | | storage fees. The regulation of liens on personal property and | 8 | | exceptions to those liens in the case of vehicles towed as a | 9 | | result of being involved in an accident are
exclusive powers | 10 | | and functions of the State. A home
rule unit may not regulate | 11 | | liens on personal property and exceptions to those liens in the | 12 | | case of vehicles towed as a result of being involved in an | 13 | | accident. This paragraph (5) is a denial and
limitation of home | 14 | | rule powers and functions under
subsection (h) of Section 6 of | 15 | | Article VII of the
Illinois Constitution. | 16 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 17 | | in its total amount; or
be increased or altered to reflect any | 18 | | charge for services or
materials rendered in addition to those | 19 | | authorized by this Act.
| 20 | | (h) Whenever a peace officer issues a citation to a driver | 21 | | for a violation of subsection (a) of Section 11-506 of this | 22 | | Code, the arresting officer may have the vehicle which the | 23 | | person was operating at the time of the arrest impounded for a | 24 | | period of 5 days after the time of arrest.
An impounding agency | 25 | | shall release a motor vehicle impounded under this subsection | 26 | | (h) to the registered owner of the vehicle under any of the |
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| 1 | | following circumstances: | 2 | | (1) If the vehicle is a stolen vehicle; or | 3 | | (2) If the person ticketed for a violation of | 4 | | subsection (a) of Section 11-506 of this Code was not | 5 | | authorized by the registered owner of the vehicle to | 6 | | operate the vehicle at the time of the violation; or | 7 | | (3) If the registered owner of the vehicle was neither | 8 | | the driver nor a passenger in the vehicle at the time of | 9 | | the violation or was unaware that the driver was using the | 10 | | vehicle to engage in street racing; or | 11 | | (4) If the legal owner or registered owner of the | 12 | | vehicle is a rental car agency; or | 13 | | (5) If, prior to the expiration of the impoundment | 14 | | period specified above, the citation is dismissed or the | 15 | | defendant is found not guilty of the offense.
| 16 | | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | 17 | | 97-779, eff. 7-13-12.)
| 18 | | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 19 | | Sec. 18a-300. Commercial vehicle relocators - Unlawful | 20 | | practices. It
shall be unlawful for any commercial vehicle | 21 | | relocator:
| 22 | | (1) To operate in any county in which this Chapter is | 23 | | applicable
without a valid, current relocator's license as | 24 | | provided in Article IV
of this Chapter;
| 25 | | (2) To employ as an operator, or otherwise so use the |
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| 1 | | services of,
any person who does not have at the | 2 | | commencement of employment or
service, or at any time | 3 | | during the course of employment or service, a
valid, | 4 | | current operator's employment permit, or temporary | 5 | | operator's
employment permit issued in accordance with | 6 | | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | 7 | | notify the Commission, in writing, of any
known criminal | 8 | | conviction of any employee occurring at any time before
or | 9 | | during the course of employment or service;
| 10 | | (3) To employ as a dispatcher, or otherwise so use the | 11 | | services of, any
person who does not have at the | 12 | | commencement of employment or service, or
at any time | 13 | | during the course of employment or service, a valid, | 14 | | current
dispatcher's or operator's employment permit or | 15 | | temporary dispatcher's or
operator's employment permit | 16 | | issued in accordance with Sections 18a-403 or
18a-407 of | 17 | | this Chapter; or to fail to notify the Commission, in | 18 | | writing,
of any known criminal conviction of any employee | 19 | | occurring at any time
before or during the course of | 20 | | employment or service;
| 21 | | (4) To operate upon the highways of this State any | 22 | | vehicle used in
connection with any commercial vehicle | 23 | | relocation service unless:
| 24 | |
(A) There is painted or firmly affixed to the | 25 | | vehicle on both sides of the
vehicle in a color or | 26 | | colors vividly contrasting to the color of the vehicle
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| 1 | | the name, address and telephone number of the | 2 | | relocator.
The Commission shall prescribe reasonable | 3 | | rules and regulations
pertaining to insignia to be | 4 | | painted or firmly affixed to vehicles and
shall waive | 5 | | the requirements of the address on any vehicle in cases
| 6 | | where the operator of a vehicle has painted or | 7 | | otherwise firmly affixed
to the vehicle a seal or trade | 8 | | mark that clearly identifies the
operator of the | 9 | | vehicle; and
| 10 | |
(B) There is carried in the power unit of the | 11 | | vehicle a certified
copy of the currently effective | 12 | | relocator's license and operator's
employment permit. | 13 | | Copies may be photographed, photocopied, or reproduced
| 14 | | or printed by any other legible and durable process. | 15 | | Any person guilty of
not causing to be displayed a copy | 16 | | of his relocator's license and
operator's employment | 17 | | permit may in any hearing concerning the violation
be | 18 | | excused from the payment of the penalty hereinafter | 19 | | provided upon a
showing that the license was issued by | 20 | | the Commission, but was
subsequently lost or | 21 | | destroyed;
| 22 | | (5) To operate upon the highways of this State any | 23 | | vehicle used in
connection with any commercial vehicle | 24 | | relocation service that bears the
name or address and | 25 | | telephone number of any person or entity other than
the | 26 | | relocator by which it is owned or to which it is leased;
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| 1 | | (6) To advertise in any newspaper, book, list, | 2 | | classified directory
or other publication unless there is | 3 | | contained in the advertisement the
license number of the | 4 | | relocator;
| 5 | | (7) To remove any vehicle from private property without | 6 | | having first
obtained the written authorization of the | 7 | | property owner or other person
in lawful possession or | 8 | | control of the property, his authorized agent,
or an | 9 | | authorized law enforcement officer. The authorization may | 10 | | be on
a contractual basis covering a period of time or | 11 | | limited to a specific
removal;
| 12 | | (8) To charge the private property owner, who requested | 13 | | that an
unauthorized vehicle be removed from his property, | 14 | | with the costs of
removing the vehicle contrary to any | 15 | | terms that may be a part of the
contract between the | 16 | | property owner and the commercial relocator.
Nothing in | 17 | | this paragraph shall prevent a relocator from assessing,
| 18 | | collecting, or receiving from the property owner, lessee, | 19 | | or their agents
any fee prescribed by the Commission;
| 20 | | (9) To remove a vehicle when the owner or operator of | 21 | | the vehicle
is present or arrives at the vehicle location | 22 | | at any time prior to the
completion of removal, and is | 23 | | willing and able to remove the vehicle
immediately;
| 24 | | (10) To remove any vehicle from property on which signs | 25 | | are required
and on which there are not posted appropriate | 26 | | signs under Section
18a-302;
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| 1 | | (11) To fail to notify law enforcement authorities in | 2 | | the
jurisdiction in which the trespassing vehicle was | 3 | | removed within one
hour of the removal. Notification shall | 4 | | include a complete description
of the vehicle, | 5 | | registration numbers if possible, the locations from
which | 6 | | and to which the vehicle was removed, the time of removal, | 7 | | and any
other information required by regulation, statute | 8 | | or ordinance;
| 9 | | (12) To impose any charge other than in accordance with | 10 | | the rates set by the
Commission as provided in paragraph | 11 | | (6) of Section 18a-200 of this Chapter;
| 12 | | (13) To fail, in the office or location at which | 13 | | relocated vehicles
are routinely returned to their owners, | 14 | | to prominently post the name,
address and telephone number | 15 | | of the nearest office of the Commission to
which inquiries | 16 | | or complaints may be sent;
| 17 | | (13.1) To fail to distribute to each owner or operator | 18 | | of a relocated
vehicle, in written form as prescribed by | 19 | | Commission rule or regulation, the
relevant statutes, | 20 | | regulations and ordinances governing commercial vehicle
| 21 | | relocators, including, in at least 12 point boldface type, | 22 | | the name, address
and telephone number of the nearest | 23 | | office of the Commission to which inquiries
or complaints | 24 | | may be sent;
| 25 | | (13.2) To fail, in the office or location at which | 26 | | relocated vehicles
are routinely returned to their owners, |
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| 1 | | to ensure that the relocator's representative provides | 2 | | suitable evidence of his or her identity to the owners of | 3 | | relocated vehicles upon request;
| 4 | | (14) To remove any vehicle, otherwise in accordance | 5 | | with this Chapter,
more than 15 air miles from its location | 6 | | when towed from a location in an
unincorporated area of a | 7 | | county or more than 10 air miles from its location
when | 8 | | towed from any other location;
| 9 | | (15) To fail to make a telephone number available to | 10 | | the police department
of any municipality in which a | 11 | | relocator operates at which the relocator
or an employee of | 12 | | the relocator may be contacted at any time during the
hours | 13 | | in which the relocator is engaged in the towing of | 14 | | vehicles, or
advertised as engaged in the towing of | 15 | | vehicles, for the purpose of
effectuating the release of a | 16 | | towed vehicle; or to fail to include the
telephone number | 17 | | in any advertisement of the relocator's services published
| 18 | | or otherwise appearing on or after the effective date of | 19 | | this amendatory
Act; or to fail to have an employee | 20 | | available at any time on the
premises owned or controlled | 21 | | by the relocator for the purposes of arranging
for the | 22 | | immediate release of the vehicle.
| 23 | | Apart from any other penalty or liability authorized | 24 | | under this Act, if
after a reasonable effort, the owner of | 25 | | the vehicle is unable to make telephone
contact with the | 26 | | relocator for a period of one hour from his initial attempt
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| 1 | | during any time period in which the relocator is required | 2 | | to respond at
the number, all fees for towing, storage, or | 3 | | otherwise are to be waived. Proof
of 3 attempted phone | 4 | | calls to the number provided to the police department
by an | 5 | | officer or employee of the department on behalf of the | 6 | | vehicle owner
within the space of one hour, at least 2 of | 7 | | which are separated by 45 minutes,
shall be deemed | 8 | | sufficient proof of the owner's reasonable effort to make
| 9 | | contact with the vehicle relocator. Failure of the | 10 | | relocator to respond to
the phone calls is not a criminal | 11 | | violation of this Chapter;
| 12 | | (16) To use equipment which the relocator does not own, | 13 | | except in
compliance with Section 18a-306 of this Chapter | 14 | | and Commission regulations.
No equipment can be leased to | 15 | | more than one relocator at any time.
Equipment leases shall | 16 | | be filed with the Commission. If equipment is leased
to one | 17 | | relocator, it cannot thereafter be leased to another | 18 | | relocator until
a written cancellation of lease is properly | 19 | | filed with the Commission;
| 20 | | (17) To use drivers or other personnel who are not | 21 | | employees or
contractors of the relocator;
| 22 | | (18) To fail to refund any amount charged in excess of | 23 | | the reasonable
rate established by the Commission;
| 24 | | (19) To violate any other provision of this Chapter, or | 25 | | of Commission
regulations or orders adopted under this | 26 | | Chapter.
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| 1 | | (20) To engage in the removal of a commercial motor | 2 | | vehicle by operating the vehicle under its own power on a | 3 | | highway without authorization by a law enforcement | 4 | | officer. | 5 | | (Source: P.A. 94-650, eff. 1-1-06.)".
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