Full Text of HB0173 99th General Assembly
HB0173eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 11-208 and 11-208.6 as follows:
| 6 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 7 | | Sec. 11-208. Powers of local authorities.
| 8 | | (a) The provisions of this Code shall not be deemed to | 9 | | prevent
local authorities with respect to streets and highways | 10 | | under their
jurisdiction and within the reasonable exercise of | 11 | | the police power from:
| 12 | | 1. Regulating the standing or parking of vehicles, | 13 | | except as
limited by Sections 11-1306 and 11-1307 of this | 14 | | Act;
| 15 | | 2. Regulating traffic by means of police officers or | 16 | | traffic control
signals;
| 17 | | 3. Regulating or prohibiting processions or | 18 | | assemblages on the highways; and certifying persons to | 19 | | control traffic for processions or assemblages;
| 20 | | 4. Designating particular highways as one-way highways | 21 | | and requiring that
all vehicles thereon be moved in one | 22 | | specific direction;
| 23 | | 5. Regulating the speed of vehicles in public parks |
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| 1 | | subject to the
limitations set forth in Section 11-604;
| 2 | | 6. Designating any highway as a through highway, as | 3 | | authorized in Section
11-302, and requiring that all | 4 | | vehicles stop before entering or crossing
the same or | 5 | | designating any intersection as a stop intersection or a | 6 | | yield
right-of-way intersection and requiring all vehicles | 7 | | to stop or yield the
right-of-way at one or more entrances | 8 | | to such intersections;
| 9 | | 7. Restricting the use of highways as authorized in | 10 | | Chapter 15;
| 11 | | 8. Regulating the operation of bicycles and requiring | 12 | | the
registration and licensing of same, including the | 13 | | requirement of a
registration fee;
| 14 | | 9. Regulating or prohibiting the turning of vehicles or | 15 | | specified
types of vehicles at intersections;
| 16 | | 10. Altering the speed limits as authorized in Section | 17 | | 11-604;
| 18 | | 11. Prohibiting U-turns;
| 19 | | 12. Prohibiting pedestrian crossings at other than | 20 | | designated and marked
crosswalks or at intersections;
| 21 | | 13. Prohibiting parking during snow removal operation;
| 22 | | 14. Imposing fines in accordance with Section | 23 | | 11-1301.3 as penalties
for use of any parking place | 24 | | reserved for persons with disabilities, as defined
by | 25 | | Section 1-159.1, or disabled veterans by any person using a | 26 | | motor
vehicle not bearing registration plates specified in |
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| 1 | | Section 11-1301.1
or a special decal or device as defined | 2 | | in Section 11-1301.2
as evidence that the vehicle is | 3 | | operated by or for a person
with disabilities or disabled | 4 | | veteran;
| 5 | | 15. Adopting such other traffic regulations as are | 6 | | specifically
authorized by this Code; or
| 7 | | 16. Enforcing the provisions of subsection (f) of | 8 | | Section 3-413 of this
Code or a similar local ordinance.
| 9 | | (b) No ordinance or regulation enacted under subsections 1, | 10 | | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 11 | | until signs giving
reasonable notice of such local traffic | 12 | | regulations are posted.
| 13 | | (c) The provisions of this Code shall not prevent any
| 14 | | municipality having a population of 500,000 or more inhabitants | 15 | | from
prohibiting any person from driving or operating any motor | 16 | | vehicle upon
the roadways of such municipality with headlamps | 17 | | on high beam or bright.
| 18 | | (d) The provisions of this Code shall not be deemed to | 19 | | prevent local
authorities within the reasonable exercise of | 20 | | their police power from
prohibiting, on private property, the | 21 | | unauthorized use of parking spaces
reserved for persons with | 22 | | disabilities.
| 23 | | (e) No unit of local government, including a home rule | 24 | | unit, may enact or
enforce an ordinance that applies only to | 25 | | motorcycles if the principal purpose
for that ordinance is to | 26 | | restrict the access of motorcycles to any highway or
portion of |
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| 1 | | a highway for which federal or State funds have been used for | 2 | | the
planning, design, construction, or maintenance of that | 3 | | highway. No unit of
local government, including a home rule | 4 | | unit, may enact an ordinance requiring
motorcycle users to wear | 5 | | protective headgear. Nothing in this subsection
(e) shall | 6 | | affect the authority of a unit of local government to regulate
| 7 | | motorcycles for traffic control purposes or in accordance with | 8 | | Section 12-602
of this Code. No unit of local government, | 9 | | including a home rule unit, may
regulate motorcycles in a | 10 | | manner inconsistent with this Code. This subsection
(e) is a | 11 | | limitation under subsection (i) of Section 6 of Article VII of | 12 | | the
Illinois Constitution on the concurrent exercise by home | 13 | | rule units of powers
and functions exercised by the State.
| 14 | | (f) A municipality or county designated in Section 11-208.6 | 15 | | may enact an ordinance providing for an
automated traffic law | 16 | | enforcement system to enforce violations of this Code or
a | 17 | | similar provision of a local ordinance and imposing liability | 18 | | on a registered owner or lessee of a vehicle used in such a | 19 | | violation ; however, on or after January 1, 2017, no non-home | 20 | | rule unit within a county designated in subsection (m) of | 21 | | Section 11-208.6 may enact or continue to enforce an ordinance | 22 | | providing for an automated traffic law enforcement system to | 23 | | enforce violations of this Code or a similar provision of a | 24 | | local ordinance .
| 25 | | (g) A municipality or county, as provided in Section | 26 | | 11-1201.1, may enact an ordinance providing for an automated |
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| 1 | | traffic law enforcement system to enforce violations of Section | 2 | | 11-1201 of this Code or a similar provision of a local | 3 | | ordinance and imposing liability on a registered owner of a | 4 | | vehicle used in such a violation.
| 5 | | (h) A municipality designated in Section 11-208.8 may enact | 6 | | an ordinance providing for an
automated speed enforcement | 7 | | system to enforce violations of Article VI of Chapter 11 of | 8 | | this Code or a similar provision of a local ordinance. | 9 | | (i) A municipality or county designated in Section 11-208.9 | 10 | | may enact an ordinance providing for an
automated traffic law | 11 | | enforcement system to enforce violations of Section 11-1414 of | 12 | | this Code or
a similar provision of a local ordinance and | 13 | | imposing liability on a registered owner or lessee of a vehicle | 14 | | used in such a violation. | 15 | | (Source: P.A. 97-29, eff. 1-1-12; 97-672, eff. 7-1-12; 98-396, | 16 | | eff. 1-1-14; 98-556, eff. 1-1-14; 98-756, eff. 7-16-14.)
| 17 | | (625 ILCS 5/11-208.6)
| 18 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 19 | | (a) As used in this Section, "automated traffic law | 20 | | enforcement
system" means a device with one or more motor | 21 | | vehicle sensors working
in conjunction with a red light signal | 22 | | to produce recorded images of
motor vehicles entering an | 23 | | intersection against a red signal
indication in violation of | 24 | | Section 11-306 of this Code or a similar provision
of a local | 25 | | ordinance.
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| 1 | | Until January 1, 2017, an An
automated traffic law | 2 | | enforcement system is a system, in a municipality or
county | 3 | | operated by a
governmental agency, that
produces a recorded | 4 | | image of a motor vehicle's
violation of a provision of this | 5 | | Code or a local ordinance
and is designed to obtain a clear | 6 | | recorded image of the
vehicle and the vehicle's license plate. | 7 | | On and after January 1, 2017, an automated traffic law | 8 | | enforcement system is a system, in a municipality or county, | 9 | | which is not a non-home rule unit within a county designated in | 10 | | subsection (m) of this Section, operated by a governmental | 11 | | agency, that produces a recorded image of a motor vehicle's | 12 | | violation of a provision of this Code or a local ordinance and | 13 | | is designed to obtain a clear recorded image of the vehicle and | 14 | | the vehicle's license plate. The recorded image must also
| 15 | | display the time, date, and location of the violation.
| 16 | | (b) As used in this Section, "recorded images" means images
| 17 | | recorded by an automated traffic law enforcement system on:
| 18 | | (1) 2 or more photographs;
| 19 | | (2) 2 or more microphotographs;
| 20 | | (3) 2 or more electronic images; or
| 21 | | (4) a video recording showing the motor vehicle and, on | 22 | | at
least one image or portion of the recording, clearly | 23 | | identifying the
registration plate number of the motor | 24 | | vehicle.
| 25 | | (b-5) A municipality or
county that
produces a recorded | 26 | | image of a motor vehicle's
violation of a provision of this |
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| 1 | | Code or a local ordinance must make the recorded images of a | 2 | | violation accessible to the alleged violator by providing the | 3 | | alleged violator with a website address, accessible through the | 4 | | Internet. | 5 | | (c) Except as provided under Section 11-208.8 of this Code, | 6 | | a county or municipality, including a home rule county or | 7 | | municipality, may not use an automated traffic law enforcement | 8 | | system to provide recorded images of a motor vehicle for the | 9 | | purpose of recording its speed. Except as provided under | 10 | | Section 11-208.8 of this Code, the regulation of the use of | 11 | | automated traffic law enforcement systems to record vehicle | 12 | | speeds is an exclusive power and function of the State. This | 13 | | subsection (c) is a denial and limitation of home rule powers | 14 | | and functions under subsection (h) of Section 6 of Article VII | 15 | | of the Illinois Constitution.
| 16 | | (c-5) A county or municipality, including a home rule | 17 | | county or municipality, may not use an automated traffic law | 18 | | enforcement system to issue violations in instances where the | 19 | | motor vehicle comes to a complete stop and does not enter the | 20 | | intersection, as defined by Section 1-132 of this Code, during | 21 | | the cycle of the red signal indication unless one or more | 22 | | pedestrians or bicyclists are present, even if the motor | 23 | | vehicle stops at a point past a stop line or crosswalk where a | 24 | | driver is required to stop, as specified in subsection (c) of | 25 | | Section 11-306 of this Code or a similar provision of a local | 26 | | ordinance. |
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| 1 | | (c-6) A county, or a municipality with less than 2,000,000 | 2 | | inhabitants, including a home rule county or municipality, may | 3 | | not use an automated traffic law enforcement system to issue | 4 | | violations in instances where a motorcyclist enters an | 5 | | intersection against a red signal
indication when the red | 6 | | signal fails to change to a green signal within a reasonable | 7 | | period of time not less than 120 seconds because of a signal | 8 | | malfunction or because the signal has failed to detect the | 9 | | arrival of the motorcycle due to the motorcycle's size or | 10 | | weight. | 11 | | (d) For each violation of a provision of this Code or a | 12 | | local ordinance
recorded by an automatic
traffic law | 13 | | enforcement system, the county or municipality having
| 14 | | jurisdiction shall issue a written notice of the
violation to | 15 | | the registered owner of the vehicle as the alleged
violator. | 16 | | The notice shall be delivered to the registered
owner of the | 17 | | vehicle, by mail, within 30 days after the Secretary of State | 18 | | notifies the municipality or county of the identity of the | 19 | | owner of the vehicle, but in no event later than 90 days after | 20 | | the violation.
| 21 | | The notice shall include:
| 22 | | (1) the name and address of the registered owner of the
| 23 | | vehicle;
| 24 | | (2) the registration number of the motor vehicle
| 25 | | involved in the violation;
| 26 | | (3) the violation charged;
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| 1 | | (4) the location where the violation occurred;
| 2 | | (5) the date and time of the violation;
| 3 | | (6) a copy of the recorded images;
| 4 | | (7) the amount of the civil penalty imposed and the | 5 | | requirements of any traffic education program imposed and | 6 | | the date
by which the civil penalty should be paid and the | 7 | | traffic education program should be completed;
| 8 | | (8) a statement that recorded images are evidence of a
| 9 | | violation of a red light signal;
| 10 | | (9) a warning that failure to pay the civil penalty, to | 11 | | complete a required traffic education program, or to
| 12 | | contest liability in a timely manner is an admission of
| 13 | | liability and may result in a suspension of the driving
| 14 | | privileges of the registered owner of the vehicle;
| 15 | | (10) a statement that the person may elect to proceed | 16 | | by:
| 17 | | (A) paying the fine, completing a required traffic | 18 | | education program, or both; or
| 19 | | (B) challenging the charge in court, by mail, or by | 20 | | administrative hearing; and
| 21 | | (11) a website address, accessible through the | 22 | | Internet, where the person may view the recorded images of | 23 | | the violation. | 24 | | (e) If a person
charged with a traffic violation, as a | 25 | | result of an automated traffic law
enforcement system, does not | 26 | | pay the fine or complete a required traffic education program, |
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| 1 | | or both, or successfully contest the civil
penalty resulting | 2 | | from that violation, the Secretary of State shall suspend the
| 3 | | driving privileges of the
registered owner of the vehicle under | 4 | | Section 6-306.5 of this Code for failing
to complete a required | 5 | | traffic education program or to pay any fine or penalty
due and | 6 | | owing, or both, as a result of a combination of 5 violations of | 7 | | the automated traffic law
enforcement system or the automated | 8 | | speed enforcement system under Section 11-208.8 of this Code.
| 9 | | (f) Based on inspection of recorded images produced by an
| 10 | | automated traffic law enforcement system, a notice alleging | 11 | | that the violation occurred shall be evidence of the facts | 12 | | contained
in the notice and admissible in any proceeding | 13 | | alleging a
violation under this Section.
| 14 | | (g) Recorded images made by an automatic traffic law
| 15 | | enforcement system are confidential and shall be made
available | 16 | | only to the alleged violator and governmental and
law | 17 | | enforcement agencies for purposes of adjudicating a
violation | 18 | | of this Section, for statistical purposes, or for other | 19 | | governmental purposes. Any recorded image evidencing a
| 20 | | violation of this Section, however, may be admissible in
any | 21 | | proceeding resulting from the issuance of the citation.
| 22 | | (h) The court or hearing officer may consider in defense of | 23 | | a violation:
| 24 | | (1) that the motor vehicle or registration plates of | 25 | | the motor
vehicle were stolen before the violation occurred | 26 | | and not
under the control of or in the possession of the |
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| 1 | | owner at
the time of the violation;
| 2 | | (2) that the driver of the vehicle passed through the
| 3 | | intersection when the light was red either (i) in order to
| 4 | | yield the right-of-way to an emergency vehicle or (ii) as
| 5 | | part of a funeral procession; and
| 6 | | (3) any other evidence or issues provided by municipal | 7 | | or county ordinance.
| 8 | | (i) To demonstrate that the motor vehicle or the | 9 | | registration
plates were stolen before the violation occurred | 10 | | and were not under the
control or possession of the owner at | 11 | | the time of the violation, the
owner must submit proof that a | 12 | | report concerning the stolen
motor vehicle or registration | 13 | | plates was filed with a law enforcement agency in a timely | 14 | | manner.
| 15 | | (j) Unless the driver of the motor vehicle received a | 16 | | Uniform
Traffic Citation from a police officer at the time of | 17 | | the violation,
the motor vehicle owner is subject to a civil | 18 | | penalty not exceeding
$100 or the completion of a traffic | 19 | | education program, or both, plus an additional penalty of not | 20 | | more than $100 for failure to pay the original penalty or to | 21 | | complete a required traffic education program, or both, in a | 22 | | timely manner, if the motor vehicle is recorded by an automated | 23 | | traffic law
enforcement system. A violation for which a civil | 24 | | penalty is imposed
under this Section is not a violation of a | 25 | | traffic regulation governing
the movement of vehicles and may | 26 | | not be recorded on the driving record
of the owner of the |
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| 1 | | vehicle.
| 2 | | (j-3) A registered owner who is a holder of a valid | 3 | | commercial driver's license is not required to complete a | 4 | | traffic education program. | 5 | | (j-5) For purposes of the required traffic education | 6 | | program only, a registered owner may submit an affidavit to the | 7 | | court or hearing officer swearing that at the time of the | 8 | | alleged violation, the vehicle was in the custody and control | 9 | | of another person. The affidavit must identify the person in | 10 | | custody and control of the vehicle, including the person's name | 11 | | and current address. The person in custody and control of the | 12 | | vehicle at the time of the violation is required to complete | 13 | | the required traffic education program. If the person in | 14 | | custody and control of the vehicle at the time of the violation | 15 | | completes the required traffic education program, the | 16 | | registered owner of the vehicle is not required to complete a | 17 | | traffic education program. | 18 | | (k) An intersection equipped with an automated traffic law
| 19 | | enforcement system must be posted with a sign visible to | 20 | | approaching traffic
indicating that the intersection is being | 21 | | monitored by an automated
traffic law enforcement system. | 22 | | (k-3) A municipality or
county that has one or more | 23 | | intersections equipped with an automated traffic law
| 24 | | enforcement system must provide notice to drivers by posting | 25 | | the locations of automated traffic law systems on the | 26 | | municipality or county website.
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| 1 | | (k-5) An intersection equipped with an automated traffic | 2 | | law
enforcement system must have a yellow change interval that | 3 | | conforms with the Illinois Manual on Uniform Traffic Control | 4 | | Devices (IMUTCD) published by the Illinois Department of | 5 | | Transportation. | 6 | | (k-7) A municipality or county operating an automated | 7 | | traffic law enforcement system shall conduct a statistical | 8 | | analysis to assess the safety impact of each automated traffic | 9 | | law enforcement system at an intersection following | 10 | | installation of the system. The statistical analysis shall be | 11 | | based upon the best available crash, traffic, and other data, | 12 | | and shall cover a period of time before and after installation | 13 | | of the system sufficient to provide a statistically valid | 14 | | comparison of safety impact. The statistical analysis shall be | 15 | | consistent with professional judgment and acceptable industry | 16 | | practice. The statistical analysis also shall be consistent | 17 | | with the data required for valid comparisons of before and | 18 | | after conditions and shall be conducted within a reasonable | 19 | | period following the installation of the automated traffic law | 20 | | enforcement system. The statistical analysis required by this | 21 | | subsection (k-7) shall be made available to the public and | 22 | | shall be published on the website of the municipality or | 23 | | county. If the statistical analysis for the 36 month period | 24 | | following installation of the system indicates that there has | 25 | | been an increase in the rate of accidents at the approach to | 26 | | the intersection monitored by the system, the municipality or |
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| 1 | | county shall undertake additional studies to determine the | 2 | | cause and severity of the accidents, and may take any action | 3 | | that it determines is necessary or appropriate to reduce the | 4 | | number or severity of the accidents at that intersection. | 5 | | (l) The compensation paid for an automated traffic law | 6 | | enforcement system
must be based on the value of the equipment | 7 | | or the services provided and may
not be based on the number of | 8 | | traffic citations issued or the revenue generated
by the | 9 | | system.
| 10 | | (m) This Section applies only to the counties of Cook, | 11 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 12 | | to municipalities located within those counties.
| 13 | | (n) The fee for participating in a traffic education | 14 | | program under this Section shall not exceed $25. | 15 | | A low-income individual required to complete a traffic | 16 | | education program under this Section who provides proof of | 17 | | eligibility for the federal earned income tax credit under | 18 | | Section 32 of the Internal Revenue Code or the Illinois earned | 19 | | income tax credit under Section 212 of the Illinois Income Tax | 20 | | Act shall not be required to pay any fee for participating in a | 21 | | required traffic education program. | 22 | | (o) A municipality or county shall make a certified report | 23 | | to the Secretary of State pursuant to Section 6-306.5 of this | 24 | | Code whenever a registered owner of a vehicle has failed to pay | 25 | | any
fine or penalty due and owing as a result of a combination | 26 | | of 5 offenses for automated traffic
law or speed enforcement |
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| 1 | | system violations. | 2 | | (p) No person who is the lessor of a motor vehicle pursuant | 3 | | to a written lease agreement shall be liable for an automated | 4 | | speed or traffic law enforcement system violation involving | 5 | | such motor vehicle during the period of the lease; provided | 6 | | that upon the request of the appropriate authority received | 7 | | within 120 days after the violation occurred, the lessor | 8 | | provides within 60 days after such receipt the name and address | 9 | | of the lessee. The drivers license number of a lessee may be | 10 | | subsequently individually requested by the appropriate | 11 | | authority if needed for enforcement of this Section. | 12 | | Upon the provision of information by the lessor pursuant to | 13 | | this subsection, the county or municipality may issue the | 14 | | violation to the lessee of the vehicle in the same manner as it | 15 | | would issue a violation to a registered owner of a vehicle | 16 | | pursuant to this Section, and the lessee may be held liable for | 17 | | the violation. | 18 | | (Source: P.A. 97-29, eff. 1-1-12; 97-627, eff. 1-1-12; 97-672, | 19 | | eff. 7-1-12; 97-762, eff. 7-6-12; 98-463, eff. 8-16-13.)
| 20 | | Section 90. The State Mandates Act is amended by adding | 21 | | Section 8.39 as follows: | 22 | | (30 ILCS 805/8.39 new) | 23 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | 24 | | of this Act, no reimbursement by the State is required for the |
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| 1 | | implementation of any mandate created by this amendatory Act of | 2 | | the 99th General Assembly. |
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