Full Text of SB1441 99th General Assembly
SB1441 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1441 Introduced 2/20/2015, by Sen. Martin A. Sandoval SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Vehicle Code. Provides that no towing service shall engage in the removal of commercial motor vehicles requiring a commercial driver's license by operating the vehicle under its own power, unless authorized by a law enforcement officer. Allows a law enforcement officer issuing a citation to a driver for operating an uninsured motor vehicle to authorize the removal and impoundment of the vehicle by a towing service if the driver has a prior conviction for driving without insurance in the past 12 months, unless the vehicle is exempt from the insurance requirements of the Code. Provides that law enforcement agencies patrolling highways in this State shall establish tow rotation lists of towing services, and requires officers of those agencies to utilize the tow rotation lists to select a towing service for officer initiated tows. Provides criteria for inclusion on a tow rotation list, including licensing, insurance requirements, and submission of fingerprints for the purpose of a criminal history check. Provides that a tower that stops for the purpose of soliciting a towing service transaction or without being summoned by a law enforcement officer shall be subject to a fine, shall have his or her driver's license suspended for 3 months, and shall not be reinstated until the payment of a reinstatement fee. If a person's license is already suspended at the time of the violation, his or her driver's license shall be suspended for 6 months, and shall not be reinstated until the payment of a reinstatement fee. Provides that towers that misrepresent their affiliation with a law enforcement agency's tow rotation list shall be subject to license suspension and a fine up to $1000.
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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 4-203, 6-118, 11-1431, 18a-300, and 18d-153 and by | 6 | | adding Section 4-203.5 as follows:
| 7 | | (625 ILCS 5/4-203) (from Ch. 95 1/2, par. 4-203)
| 8 | | Sec. 4-203. Removal of motor vehicles or other vehicles; | 9 | | Towing or
hauling away.
| 10 | | (a) When a vehicle is abandoned, or left unattended, on a | 11 | | toll
highway, interstate highway, or expressway for 2 hours or | 12 | | more, its
removal by a towing service may be authorized by a | 13 | | law enforcement
agency having jurisdiction.
| 14 | | (b) When a vehicle is abandoned on a highway in an urban | 15 | | district 10
hours or more, its removal by a towing service may | 16 | | be authorized by a
law enforcement agency having jurisdiction.
| 17 | | (c) When a vehicle is abandoned or left unattended on a | 18 | | highway
other than a toll highway, interstate highway, or | 19 | | expressway, outside of
an urban district for 24 hours or more, | 20 | | its removal by a towing service
may be authorized by a law | 21 | | enforcement agency having jurisdiction.
| 22 | | (d) When an abandoned, unattended, wrecked, burned or | 23 | | partially
dismantled vehicle is creating a traffic hazard |
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| 1 | | because of its position
in relation to the highway or its | 2 | | physical appearance is causing the
impeding of traffic, its | 3 | | immediate removal from the highway or private
property adjacent | 4 | | to the highway by a towing service may be authorized
by a law | 5 | | enforcement agency having jurisdiction.
| 6 | | (e) Whenever a
peace officer reasonably believes that a | 7 | | person under
arrest for a violation of Section 11-501 of this | 8 | | Code or a similar
provision of a local ordinance is likely, | 9 | | upon release, to commit a
subsequent violation of Section | 10 | | 11-501, or a similar provision of a local
ordinance, the | 11 | | arresting officer shall have the vehicle which the person
was | 12 | | operating at the time of the arrest impounded for a period of | 13 | | not more
than 12 hours after the time of arrest. However, such | 14 | | vehicle may be
released by the arresting law enforcement agency | 15 | | prior to the end of the
impoundment period if:
| 16 | | (1) the vehicle was not owned by the person under | 17 | | arrest, and the lawful
owner requesting such release | 18 | | possesses a valid operator's license, proof
of ownership, | 19 | | and would not, as determined by the arresting law | 20 | | enforcement
agency, indicate a lack of ability to operate a | 21 | | motor vehicle in a safe
manner, or who would otherwise, by | 22 | | operating such motor vehicle, be in
violation of this Code; | 23 | | or
| 24 | | (2) the vehicle is owned by the person under arrest, | 25 | | and the person
under arrest gives permission to another | 26 | | person to operate such vehicle,
provided however, that the |
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| 1 | | other person possesses a valid operator's license
and would | 2 | | not, as determined by the arresting law enforcement
agency, | 3 | | indicate a lack of ability to operate a motor vehicle in a | 4 | | safe
manner or who would otherwise, by operating such motor | 5 | | vehicle, be in
violation of this Code.
| 6 | | (e-5) Whenever a registered owner of a vehicle is taken | 7 | | into custody for
operating the vehicle in violation of Section | 8 | | 11-501 of this Code or a similar
provision of a local ordinance | 9 | | or Section 6-303 of this Code, a
law enforcement officer
may | 10 | | have the vehicle immediately impounded for a period not less | 11 | | than:
| 12 | | (1) 24 hours for a second violation of Section 11-501 | 13 | | of this Code or a
similar provision of a local ordinance or | 14 | | Section 6-303
of
this Code or a combination of these | 15 | | offenses; or
| 16 | | (2) 48 hours for a third violation of Section 11-501 of | 17 | | this Code or a
similar provision of a local ordinance or | 18 | | Section 6-303 of this
Code or a combination of these | 19 | | offenses.
| 20 | | The vehicle may be released sooner if the vehicle is owned | 21 | | by the person
under arrest and the person under arrest gives | 22 | | permission to another person to
operate the vehicle and that | 23 | | other person possesses a valid operator's license
and would | 24 | | not, as determined by the arresting law enforcement agency, | 25 | | indicate
a lack of ability to operate a motor vehicle in a safe | 26 | | manner or would
otherwise, by operating the motor vehicle, be |
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| 1 | | in violation of this Code.
| 2 | | (f) Except as provided in Chapter 18a of this Code, the | 3 | | owner or
lessor of privately owned real property within this | 4 | | State, or any person
authorized by such owner or lessor, or any | 5 | | law enforcement agency in the
case of publicly owned real | 6 | | property may cause any motor vehicle abandoned
or left | 7 | | unattended upon such property without permission to be removed | 8 | | by a
towing service without liability for the costs of removal, | 9 | | transportation
or storage or damage caused by such removal, | 10 | | transportation or storage.
The towing or removal of any vehicle | 11 | | from private property without the
consent of the registered | 12 | | owner or other legally authorized person in
control of the | 13 | | vehicle is subject to compliance with the following
conditions | 14 | | and restrictions:
| 15 | | 1. Any towed or removed vehicle must be stored at the | 16 | | site of the towing
service's place of business. The site | 17 | | must be open during business hours,
and for the purpose of | 18 | | redemption of vehicles, during the time that the
person or | 19 | | firm towing such vehicle is open for towing purposes.
| 20 | | 2. The towing service shall within 30 minutes of | 21 | | completion of such
towing or removal, notify the law | 22 | | enforcement agency having jurisdiction of
such towing or | 23 | | removal, and the make, model, color and license plate | 24 | | number
of the vehicle, and shall obtain and record the name | 25 | | of the person at the law
enforcement agency to whom such | 26 | | information was reported.
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| 1 | | 3. If the registered owner or legally authorized person | 2 | | entitled to
possession of the vehicle shall arrive at the | 3 | | scene prior to actual removal
or towing of the vehicle, the | 4 | | vehicle shall be disconnected from the tow
truck and that | 5 | | person shall be allowed to remove the vehicle without
| 6 | | interference, upon the payment of a reasonable service fee | 7 | | of not more than
one half the posted rate of the towing | 8 | | service as provided in paragraph
6 of this subsection, for | 9 | | which a receipt shall be given.
| 10 | | 4. The rebate or payment of money or any other valuable | 11 | | consideration
from the towing service or its owners, | 12 | | managers or employees to the owners
or operators of the | 13 | | premises from which the vehicles are towed or removed,
for | 14 | | the privilege of removing or towing those vehicles, is | 15 | | prohibited. Any
individual who violates this paragraph | 16 | | shall be guilty of a Class A
misdemeanor.
| 17 | | 5. Except for property appurtenant to and obviously a | 18 | | part of a single
family residence, and except for instances | 19 | | where notice is personally given
to the owner or other | 20 | | legally authorized person in control of the vehicle
that | 21 | | the area in which that vehicle is parked is reserved or | 22 | | otherwise
unavailable to unauthorized vehicles and they | 23 | | are subject to being removed
at the owner or operator's | 24 | | expense, any property owner or lessor, prior to
towing or | 25 | | removing any vehicle from private property without the | 26 | | consent of
the owner or other legally authorized person in |
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| 1 | | control of that vehicle,
must post a notice meeting the | 2 | | following requirements:
| 3 | | a. Except as otherwise provided in subparagraph | 4 | | a.1 of this subdivision (f)5, the notice must be | 5 | | prominently placed at each driveway access or curb
cut | 6 | | allowing vehicular access to the property within 5 feet | 7 | | from the public
right-of-way line. If there are no | 8 | | curbs or access barriers, the sign must
be posted not | 9 | | less than one sign each 100 feet of lot frontage.
| 10 | | a.1. In a municipality with a population of less | 11 | | than 250,000, as an alternative to the requirement of | 12 | | subparagraph a of this subdivision (f)5, the notice for | 13 | | a parking lot contained within property used solely for | 14 | | a 2-family, 3-family, or 4-family residence may be | 15 | | prominently placed at the perimeter of the parking lot, | 16 | | in a position where the notice is visible to the | 17 | | occupants of vehicles entering the lot.
| 18 | | b. The notice must indicate clearly, in not less | 19 | | than 2 inch high
light-reflective letters on a | 20 | | contrasting background, that unauthorized
vehicles | 21 | | will be towed away at the owner's expense.
| 22 | | c. The notice must also provide the name and | 23 | | current telephone
number of the towing service towing | 24 | | or removing the vehicle.
| 25 | | d. The sign structure containing the required | 26 | | notices must be
permanently installed with the bottom |
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| 1 | | of the sign not less than 4 feet
above ground level, | 2 | | and must be continuously maintained on the property for
| 3 | | not less than 24 hours prior to the towing or removing | 4 | | of any vehicle.
| 5 | | 6. Any towing service that tows or removes vehicles and | 6 | | proposes to
require the owner, operator, or person in | 7 | | control of the vehicle to pay the
costs of towing and | 8 | | storage prior to redemption of the vehicle must file
and | 9 | | keep on record with the local law enforcement agency a | 10 | | complete copy of
the current rates to be charged for such | 11 | | services, and post at the storage
site an identical rate | 12 | | schedule and any written contracts with property
owners, | 13 | | lessors, or persons in control of property which authorize | 14 | | them to
remove vehicles as provided in this Section.
The | 15 | | towing and storage charges, however, shall not exceed the | 16 | | maximum allowed by the Illinois Commerce Commission under | 17 | | Section 18a-200.
| 18 | | 7. No person shall engage in the removal of vehicles | 19 | | from private
property as described in this Section without | 20 | | filing a notice of intent
in each community where he | 21 | | intends to do such removal, and such
notice shall be filed | 22 | | at least 7 days before commencing such towing.
| 23 | | 8. No removal of a vehicle from private property shall | 24 | | be done except
upon express written instructions of the | 25 | | owners or persons in charge of the
private property upon | 26 | | which the vehicle is said to be trespassing.
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| 1 | | 9. Vehicle entry for the purpose of removal shall be | 2 | | allowed with
reasonable care on the part of the person or | 3 | | firm towing the vehicle. Such
person or firm shall be | 4 | | liable for any damages occasioned to the vehicle if
such | 5 | | entry is not in accordance with the standards of reasonable | 6 | | care.
| 7 | | 9.5. Except as authorized by a law enforcement officer, | 8 | | no towing service shall engage in the removal of a | 9 | | commercial motor vehicle that requires a commercial | 10 | | driver's license to operate by operating the vehicle under | 11 | | its own power on a highway. | 12 | | 10. When a vehicle has been towed or removed pursuant | 13 | | to this Section,
it must be released to its owner or | 14 | | custodian within one half hour after
requested, if such | 15 | | request is made during business hours. Any vehicle owner
or | 16 | | custodian or agent shall have the right to inspect the | 17 | | vehicle before
accepting its return, and no release or | 18 | | waiver of any kind which would
release the towing service | 19 | | from liability for damages incurred during the
towing and | 20 | | storage may be required from any vehicle owner or other | 21 | | legally
authorized person as a condition of release of the | 22 | | vehicle. A detailed,
signed receipt showing the legal name | 23 | | of the towing service must be given
to the person paying | 24 | | towing or storage charges at the time of payment,
whether | 25 | | requested or not.
| 26 | | This Section shall not apply to law enforcement, |
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| 1 | | firefighting, rescue,
ambulance, or other emergency vehicles | 2 | | which are marked as such or to
property owned by any | 3 | | governmental entity.
| 4 | | When an authorized person improperly causes a motor vehicle | 5 | | to be
removed, such person shall be liable to the owner or | 6 | | lessee of the vehicle
for the cost or removal, transportation | 7 | | and storage, any damages resulting
from the removal, | 8 | | transportation and storage, attorney's fee and court costs.
| 9 | | Any towing or storage charges accrued shall be payable by | 10 | | the use of any
major credit card, in addition to being payable | 11 | | in cash.
| 12 | | 11. Towing companies shall also provide insurance | 13 | | coverage for areas
where vehicles towed under the | 14 | | provisions of this Chapter will be impounded
or otherwise | 15 | | stored, and shall adequately cover loss by fire, theft or
| 16 | | other risks.
| 17 | | Any person who fails to comply with the conditions and | 18 | | restrictions of
this subsection shall be guilty of a Class C | 19 | | misdemeanor and shall be fined
not less than $100 nor more than | 20 | | $500.
| 21 | | (g)(1) When a vehicle is determined to be a hazardous | 22 | | dilapidated
motor
vehicle pursuant to Section 11-40-3.1 of the | 23 | | Illinois Municipal Code or Section 5-12002.1 of the Counties | 24 | | Code, its
removal and impoundment by a towing service may be | 25 | | authorized by a law
enforcement agency with appropriate | 26 | | jurisdiction.
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| 1 | | (2) When a vehicle removal from either public or private | 2 | | property is
authorized by a law enforcement agency, the owner | 3 | | of the vehicle shall be
responsible for all towing and storage | 4 | | charges.
| 5 | | (3) Vehicles removed from public or private property and
| 6 | | stored by a commercial vehicle relocator or any other towing | 7 | | service authorized by a law enforcement agency in
compliance | 8 | | with this Section and Sections 4-201 and 4-202
of this Code, or | 9 | | at the request of the vehicle owner or operator,
shall
be | 10 | | subject to a possessor lien for services
pursuant to the Labor | 11 | | and Storage Lien (Small Amount) Act. The provisions of Section | 12 | | 1 of that Act relating to notice
and implied consent shall be | 13 | | deemed satisfied by compliance with Section
18a-302 and | 14 | | subsection (6) of Section 18a-300. In no event shall such lien
| 15 | | be greater than the rate or rates established in accordance | 16 | | with subsection
(6) of Section 18a-200 of this Code. In no | 17 | | event shall such lien be
increased or altered to reflect any | 18 | | charge for services or materials
rendered in addition to those | 19 | | authorized by this Act. Every such lien
shall be payable by use | 20 | | of any major credit card, in addition to being
payable in cash.
| 21 | | (4) Any personal property belonging to the vehicle owner in | 22 | | a vehicle subject to a lien under this
subsection
(g) shall | 23 | | likewise be subject to that lien, excepting only:
child | 24 | | restraint systems as defined in Section 4 of the Child | 25 | | Passenger Protection Act and other child booster seats; | 26 | | eyeglasses; food; medicine; perishable property; any |
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| 1 | | operator's licenses; any cash, credit
cards, or checks or | 2 | | checkbooks; any wallet, purse, or other property
containing any | 3 | | operator's license or other identifying documents or | 4 | | materials,
cash, credit cards, checks, or checkbooks; and any | 5 | | personal property belonging to a person other than the vehicle | 6 | | owner if that person provides adequate proof that the personal | 7 | | property belongs to that person. The spouse, child, mother, | 8 | | father, brother, or sister of the vehicle owner may claim | 9 | | personal property excepted under this paragraph (4) if the | 10 | | person claiming the personal property provides the commercial | 11 | | vehicle relocator or towing service with the authorization of | 12 | | the vehicle owner. | 13 | | (5) This paragraph (5) applies only in the case of a | 14 | | vehicle that is towed as a result of being involved in an | 15 | | accident. In addition to the personal property excepted under | 16 | | paragraph (4), all other personal property in a vehicle subject | 17 | | to a lien under this subsection (g) is exempt from that lien | 18 | | and may be claimed by the vehicle owner if the vehicle owner | 19 | | provides the commercial vehicle relocator or towing service | 20 | | with proof that the vehicle owner has an insurance policy | 21 | | covering towing and storage fees. The spouse, child, mother, | 22 | | father, brother, or sister of the vehicle owner may claim | 23 | | personal property in a vehicle subject to a lien under this | 24 | | subsection (g) if the person claiming the personal property | 25 | | provides the commercial vehicle relocator or towing service | 26 | | with the authorization of the vehicle owner and proof that the |
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| 1 | | vehicle owner has an insurance policy covering towing and | 2 | | storage fees. The regulation of liens on personal property and | 3 | | exceptions to those liens in the case of vehicles towed as a | 4 | | result of being involved in an accident are
exclusive powers | 5 | | and functions of the State. A home
rule unit may not regulate | 6 | | liens on personal property and exceptions to those liens in the | 7 | | case of vehicles towed as a result of being involved in an | 8 | | accident. This paragraph (5) is a denial and
limitation of home | 9 | | rule powers and functions under
subsection (h) of Section 6 of | 10 | | Article VII of the
Illinois Constitution. | 11 | | (6) No lien under this subsection (g) shall:
exceed $2,000 | 12 | | in its total amount; or
be increased or altered to reflect any | 13 | | charge for services or
materials rendered in addition to those | 14 | | authorized by this Act.
| 15 | | (h) Whenever a peace officer issues a citation to a driver | 16 | | for a violation of subsection (a) of Section 11-506 of this | 17 | | Code, the arresting officer may have the vehicle which the | 18 | | person was operating at the time of the arrest impounded for a | 19 | | period of 5 days after the time of arrest.
An impounding agency | 20 | | shall release a motor vehicle impounded under this subsection | 21 | | (h) to the registered owner of the vehicle under any of the | 22 | | following circumstances: | 23 | | (1) If the vehicle is a stolen vehicle; or | 24 | | (2) If the person ticketed for a violation of | 25 | | subsection (a) of Section 11-506 of this Code was not | 26 | | authorized by the registered owner of the vehicle to |
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| 1 | | operate the vehicle at the time of the violation; or | 2 | | (3) If the registered owner of the vehicle was neither | 3 | | the driver nor a passenger in the vehicle at the time of | 4 | | the violation or was unaware that the driver was using the | 5 | | vehicle to engage in street racing; or | 6 | | (4) If the legal owner or registered owner of the | 7 | | vehicle is a rental car agency; or | 8 | | (5) If, prior to the expiration of the impoundment | 9 | | period specified above, the citation is dismissed or the | 10 | | defendant is found not guilty of the offense.
| 11 | | (i) Except for vehicles exempted under subsection (b) of | 12 | | Section 7-601 of this Code, whenever a law enforcement officer | 13 | | issues a citation to a driver for a violation of Section 3-707 | 14 | | of this Code, and the driver has a prior conviction for a | 15 | | violation of Section 3-707 of this Code in the past 12 months, | 16 | | the arresting officer shall authorize the removal and | 17 | | impoundment of the vehicle by a towing service. | 18 | | (Source: P.A. 96-1274, eff. 7-26-10; 96-1506, eff. 1-27-11; | 19 | | 97-779, eff. 7-13-12.)
| 20 | | (625 ILCS 5/4-203.5 new) | 21 | | Sec. 4-203.5. Tow rotation list. | 22 | | (a) Each law enforcement agency whose duties include the | 23 | | patrol of highways in this State shall maintain a tow rotation | 24 | | list which shall be used by law enforcement officers | 25 | | authorizing the tow of a vehicle within the jurisdiction of the |
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| 1 | | law enforcement agency. To ensure adequate response time, a law | 2 | | enforcement agency may maintain multiple tow rotation lists, | 3 | | with each tow rotation list covering tows authorized in | 4 | | different geographic locations within the jurisdiction of the | 5 | | law enforcement agency. A towing service may be included on | 6 | | more than one tow rotation list. | 7 | | (b) Any towing service operating within the jurisdiction of | 8 | | a law enforcement agency may submit an application in a form | 9 | | and manner prescribed by the law enforcement agency for | 10 | | inclusion on the law enforcement agency's tow rotation list. | 11 | | The towing service does not need to be located within the | 12 | | jurisdiction of the law enforcement agency. To be included on a | 13 | | tow rotation list the towing service must meet the following | 14 | | requirements: | 15 | | (1) possess a license permitting the towing service to | 16 | | operate in every unit of local government in the law | 17 | | enforcement agency's jurisdiction that requires a license | 18 | | for the operation of a towing service; | 19 | | (2) if required by the law enforcement agency for | 20 | | inclusion on that law enforcement agency's tow rotation | 21 | | list, each owner of the towing service and each person | 22 | | operating a vehicle on behalf of the towing service shall | 23 | | submit his or her fingerprints to the Department of State | 24 | | Police in the form and manner prescribed by the Department | 25 | | of State Police. These fingerprints should be transmitted | 26 | | through a live scan fingerprint vendor licensed by the |
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| 1 | | Department of Financial and Professional Regulation. These | 2 | | fingerprints shall be checked against the fingerprint | 3 | | records now and hereafter filed in the Department of State | 4 | | Police and Federal Bureau of Investigation criminal | 5 | | history records databases. The Department of State Police | 6 | | shall charge a fee for conducting the criminal history | 7 | | record check, which shall be deposited in the State Police | 8 | | Services Fund and shall not exceed the actual cost of the | 9 | | State and national criminal history record check. The | 10 | | Department of State Police shall furnish, pursuant to | 11 | | positive identification, all Illinois conviction | 12 | | information to the law enforcement agency maintaining the | 13 | | tow rotation list and shall forward the national criminal | 14 | | history record information to the law enforcement agency | 15 | | maintaining the tow rotation list. A person may not own a | 16 | | towing service or operate a vehicle on behalf of a towing | 17 | | service included on a tow rotation list if that person has | 18 | | been convicted during the 5 years preceding the application | 19 | | of a criminal offense involving one or more of the | 20 | | following: | 21 | | (A) bodily injury or attempt to inflict bodily | 22 | | injury to another person; | 23 | | (B) theft of property or attempted theft of | 24 | | property; or | 25 | | (C) sexual assault or attempted sexual assault of | 26 | | any kind; |
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| 1 | | (3) each person operating a vehicle on behalf of the | 2 | | towing service must be classified for the type of towing | 3 | | operation he or she shall be performing and the vehicle he | 4 | | or she shall be operating; | 5 | | (4) possess and maintain the following insurance in | 6 | | addition to any other insurance required by law: | 7 | | (A) comprehensive automobile liability insurance | 8 | | with a minimum combined single limit coverage of | 9 | | $1,000,000; | 10 | | (B) commercial general liability insurance with | 11 | | limits of not less than $1,000,000 per occurrence, | 12 | | $100,000 minimum garage keepers legal liability | 13 | | insurance, and $100,000 minimum on-hook coverage or | 14 | | cargo insurance; and | 15 | | (C) a worker's compensation policy covering every | 16 | | person operating a tow truck on behalf of the towing | 17 | | service, if required under current law; | 18 | | (5) possess a secure parking lot used for short-term | 19 | | vehicle storage after a vehicle is towed that is open | 20 | | during business hours and is equipped with security | 21 | | features as required by the law enforcement agency; | 22 | | (6) utilize only vehicles that possess a valid vehicle | 23 | | registration, display a valid Illinois license plate in | 24 | | accordance with Section 5-202 of this Code, and comply with | 25 | | the weight requirements of this Code; | 26 | | (7) every person operating a towing or recovery vehicle |
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| 1 | | on behalf of the towing service must have completed a | 2 | | Traffic Incident Management Training Program approved by | 3 | | the Department of Transportation; | 4 | | (8) hold a valid authority issued to it by the Illinois | 5 | | Commerce Commission; | 6 | | (9) comply with all other applicable federal, State, | 7 | | and local laws; and | 8 | | (10) comply with any additional requirements the | 9 | | applicable law enforcement agency deems necessary. | 10 | | The law enforcement agency may select which towing services | 11 | | meeting the requirements of this subsection (b) shall be | 12 | | included on a tow rotation list. The law enforcement agency may | 13 | | choose to have only one towing service on its tow rotation | 14 | | list. Complaints regarding the process for inclusion on a tow | 15 | | rotation list or the use of a tow rotation list may be referred | 16 | | in writing to the head of the law enforcement agency | 17 | | administering that tow rotation list. The head of the law | 18 | | enforcement agency shall make the final determination as to | 19 | | which qualified towing services shall be included on a tow | 20 | | rotation list, and shall not be held liable for the exclusion | 21 | | of any towing service from a tow rotation list. | 22 | | (c) Whenever a law enforcement officer initiates a tow of a | 23 | | vehicle, the officer shall contact his or her law enforcement | 24 | | agency and inform the agency that a tow has been authorized. | 25 | | The law enforcement agency shall then select a towing service | 26 | | from the law enforcement agency's tow rotation list |
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| 1 | | corresponding to the geographical area where the tow was | 2 | | authorized, and shall contact that towing service directly by | 3 | | phone, computer, or similar means. Towing services shall be | 4 | | contacted in the order listed on the appropriate tow rotation | 5 | | list, at which point the towing service shall be placed at the | 6 | | end of that tow rotation list. In the event a listed towing | 7 | | service is not available, the next listed towing service on | 8 | | that tow rotation list shall be contacted. | 9 | | (d) A law enforcement agency may deviate from the order | 10 | | listed on a tow rotation list if the towing service next on | 11 | | that tow rotation list is, in the judgment of the authorizing | 12 | | officer or the law enforcement agency making the selection, | 13 | | incapable of or not properly equipped for handling a specific | 14 | | task related to the tow that requires special skills or | 15 | | equipment. A deviation from the order listed on the tow | 16 | | rotation list for this reason shall not cause a loss of | 17 | | rotation turn by the towing service determined to be incapable | 18 | | or not properly equipped for handling the request. | 19 | | (e) In the event of an emergency a law enforcement officer | 20 | | or agency, taking into account the safety and location of the | 21 | | situation, may deviate from the order of the tow rotation list | 22 | | and obtain towing service from any source deemed appropriate. | 23 | | (f) If the owner or operator of a disabled vehicle is | 24 | | present at the scene of the disabled vehicle, is not under | 25 | | arrest, and does not abandon his or her vehicle, and in the law | 26 | | enforcement officer's opinion the disabled vehicle is not |
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| 1 | | impeding or obstructing traffic, illegally parked, or posing a | 2 | | security or safety risk, the law enforcement officer shall | 3 | | allow the owner of the vehicle to specify a towing service to | 4 | | relocate the disabled vehicle. If the owner chooses not to | 5 | | specify a towing service, the law enforcement agency shall | 6 | | select a towing service for the vehicle as provided in | 7 | | subsection (c) of this Section. | 8 | | (g) If a tow operator is present or arrives where a tow is | 9 | | needed and it has not been requested by the law enforcement | 10 | | agency or the owner or operator, the law enforcement officer, | 11 | | unless acting under Section 11-1431 of this Code, shall advise | 12 | | the tow operator to leave the scene.
| 13 | | (625 ILCS 5/6-118)
| 14 | | (Text of Section before amendment by P.A. 98-176 ) | 15 | | Sec. 6-118. Fees. | 16 | | (a) The fee for licenses and permits under this
Article is | 17 | | as follows: | 18 | | Original driver's license .............................$30 | 19 | | Original or renewal driver's license | 20 | | issued to 18, 19 and 20 year olds .................. 5 | 21 | | All driver's licenses for persons | 22 | | age 69 through age 80 .............................. 5 | 23 | | All driver's licenses for persons | 24 | | age 81 through age 86 .............................. 2 | 25 | | All driver's licenses for persons |
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| 1 | | age 87 or older .....................................0 | 2 | | Renewal driver's license (except for | 3 | | applicants ages 18, 19 and 20 or | 4 | | age 69 and older) ..................................30 | 5 | | Original instruction permit issued to | 6 | | persons (except those age 69 and older) | 7 | | who do not hold or have not previously | 8 | | held an Illinois instruction permit or | 9 | | driver's license .................................. 20 | 10 | | Instruction permit issued to any person | 11 | | holding an Illinois driver's license | 12 | | who wishes a change in classifications, | 13 | | other than at the time of renewal .................. 5 | 14 | | Any instruction permit issued to a person | 15 | | age 69 and older ................................... 5 | 16 | | Instruction permit issued to any person, | 17 | | under age 69, not currently holding a | 18 | | valid Illinois driver's license or | 19 | | instruction permit but who has | 20 | | previously been issued either document | 21 | | in Illinois ....................................... 10 | 22 | | Restricted driving permit .............................. 8 | 23 | | Monitoring device driving permit ...................... 8 | 24 | | Duplicate or corrected driver's license | 25 | | or permit .......................................... 5 | 26 | | Duplicate or corrected restricted |
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| 1 | | driving permit ..................................... 5 | 2 | | Duplicate or corrected monitoring | 3 | | device driving permit .................................. 5 | 4 | | Duplicate driver's license or permit issued to | 5 | | an active-duty member of the | 6 | | United States Armed Forces, | 7 | | the member's spouse, or | 8 | | the dependent children living | 9 | | with the member ................................... 0 | 10 | | Original or renewal M or L endorsement ................. 5 | 11 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 12 | | The fees for commercial driver licenses and permits | 13 | | under Article V
shall be as follows: | 14 | | Commercial driver's license: | 15 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | 16 | | (Commercial Driver's License Information | 17 | | System/American Association of Motor Vehicle | 18 | | Administrators network/National Motor Vehicle | 19 | | Title Information Service Trust Fund); | 20 | | $20 for the Motor Carrier Safety Inspection Fund; | 21 | | $10 for the driver's license; | 22 | | and $24 for the CDL: ............................. $60 | 23 | | Renewal commercial driver's license: | 24 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 25 | | $20 for the Motor Carrier Safety Inspection Fund; | 26 | | $10 for the driver's license; and |
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| 1 | | $24 for the CDL: ................................. $60 | 2 | | Commercial driver instruction permit | 3 | | issued to any person holding a valid | 4 | | Illinois driver's license for the | 5 | | purpose of changing to a | 6 | | CDL classification: $6 for the | 7 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 8 | | $20 for the Motor Carrier | 9 | | Safety Inspection Fund; and | 10 | | $24 for the CDL classification ................... $50 | 11 | | Commercial driver instruction permit | 12 | | issued to any person holding a valid | 13 | | Illinois CDL for the purpose of | 14 | | making a change in a classification, | 15 | | endorsement or restriction ........................ $5 | 16 | | CDL duplicate or corrected license .................... $5 | 17 | | In order to ensure the proper implementation of the Uniform | 18 | | Commercial
Driver License Act, Article V of this Chapter, the | 19 | | Secretary of State is
empowered to pro-rate the $24 fee for the | 20 | | commercial driver's license
proportionate to the expiration | 21 | | date of the applicant's Illinois driver's
license. | 22 | | The fee for any duplicate license or permit shall be waived | 23 | | for any
person who presents the Secretary of State's office | 24 | | with a
police report showing that his license or permit was | 25 | | stolen. | 26 | | The fee for any duplicate license or permit shall be waived |
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| 1 | | for any
person age 60 or older whose driver's license or permit | 2 | | has been lost or stolen. | 3 | | No additional fee shall be charged for a driver's license, | 4 | | or for a
commercial driver's license, when issued
to the holder | 5 | | of an instruction permit for the same classification or
type of | 6 | | license who becomes eligible for such
license. | 7 | | (b) Any person whose license or privilege to operate a | 8 | | motor vehicle
in this State has been suspended or revoked under | 9 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 10 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
| 11 | | Responsibility Law of this Code, shall in addition to any other
| 12 | | fees required by this Code, pay a reinstatement fee as follows: | 13 | | Suspension under Section 3-707 .....................
$100
| 14 | | Summary suspension under Section 11-501.1 ...........$250
| 15 | | Suspension under Section 11-501.9 ...................$250 | 16 | | Summary revocation under Section 11-501.1 ............$500 | 17 | | Other suspension ......................................$70 | 18 | | Revocation ...........................................$500 | 19 | | However, any person whose license or privilege to operate a | 20 | | motor vehicle
in this State has been suspended or revoked for a | 21 | | second or subsequent time
for a violation of Section 11-501, | 22 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a | 23 | | local ordinance
or a similar out-of-state offense
or Section | 24 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 25 | | and each suspension or revocation was for a violation of | 26 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar |
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| 1 | | provision of a local ordinance
or a similar out-of-state | 2 | | offense
or Section
9-3 of the Criminal Code of 1961 or the | 3 | | Criminal Code of 2012
shall pay, in addition to any other
fees | 4 | | required by this Code, a
reinstatement
fee as follows: | 5 | | Summary suspension under Section 11-501.1 ............$500 | 6 | | Suspension under Section 11-501.9 ...................$500 | 7 | | Summary revocation under Section 11-501.1 ............$500 | 8 | | Revocation ...........................................$500 | 9 | | (c) All fees collected under the provisions of this Chapter | 10 | | 6 shall be
paid into the Road Fund in the State Treasury except | 11 | | as follows: | 12 | | 1. The following amounts shall be paid into the Driver | 13 | | Education Fund: | 14 | | (A) $16 of the $20
fee for an original driver's | 15 | | instruction permit; | 16 | | (B) $5 of the $30 fee for an original driver's | 17 | | license; | 18 | | (C) $5 of the $30 fee for a 4 year renewal driver's | 19 | | license;
| 20 | | (D) $4 of the $8 fee for a restricted driving | 21 | | permit; and | 22 | | (E) $4 of the $8 fee for a monitoring device | 23 | | driving permit. | 24 | | 2. $30 of the $250 fee for reinstatement of a
license
| 25 | | summarily suspended under Section 11-501.1 or suspended | 26 | | under Section 11-501.9 shall be deposited into the
Drunk |
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| 1 | | and Drugged Driving Prevention Fund.
However, for a person | 2 | | whose license or privilege to operate a motor vehicle
in | 3 | | this State has been suspended or revoked for a second or | 4 | | subsequent time for
a violation of Section 11-501, | 5 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 6 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 7 | | the $500 fee for reinstatement of a license summarily
| 8 | | suspended under
Section 11-501.1 or suspended under | 9 | | Section 11-501.9,
and $190 of the $500 fee for | 10 | | reinstatement of a revoked license
shall be deposited into | 11 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 12 | | $500 fee for reinstatement of a license summarily revoked | 13 | | pursuant to Section 11-501.1 shall be deposited into the | 14 | | Drunk and Drugged Driving Prevention Fund. | 15 | | 3. $6 of such original or renewal fee for a commercial | 16 | | driver's
license and $6 of the commercial driver | 17 | | instruction permit fee when such
permit is issued to any | 18 | | person holding a valid Illinois driver's license,
shall be | 19 | | paid into the CDLIS/AAMVAnet/NMVTIS Trust Fund. | 20 | | 4. $30 of the $70 fee for reinstatement of a license | 21 | | suspended
under the
Family
Financial Responsibility Law | 22 | | shall be paid into the Family Responsibility
Fund. | 23 | | 5. The $5 fee for each original or renewal M or L | 24 | | endorsement shall be
deposited into the Cycle Rider Safety | 25 | | Training Fund. | 26 | | 6. $20 of any original or renewal fee for a commercial |
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| 1 | | driver's
license or commercial driver instruction permit | 2 | | shall be paid into the Motor
Carrier Safety Inspection | 3 | | Fund. | 4 | | 7. The following amounts shall be paid into the General | 5 | | Revenue Fund: | 6 | | (A) $190 of the $250 reinstatement fee for a | 7 | | summary suspension under
Section 11-501.1 or a | 8 | | suspension under Section 11-501.9; | 9 | | (B) $40 of the $70 reinstatement fee for any other | 10 | | suspension provided
in subsection (b) of this Section; | 11 | | and | 12 | | (C) $440 of the $500 reinstatement fee for a first | 13 | | offense revocation
and $310 of the $500 reinstatement | 14 | | fee for a second or subsequent revocation. | 15 | | (d) All of the proceeds of the additional fees imposed by | 16 | | this amendatory Act of the 96th General Assembly shall be | 17 | | deposited into the Capital Projects Fund. | 18 | | (e) The additional fees imposed by this amendatory Act of | 19 | | the 96th General Assembly shall become effective 90 days after | 20 | | becoming law. | 21 | | (f) As used in this Section, "active-duty member of the | 22 | | United States Armed Forces" means a member of the Armed | 23 | | Services or Reserve Forces of the United States or a member of | 24 | | the Illinois National Guard who is called to active duty | 25 | | pursuant to an executive order of the President of the United | 26 | | States, an act of the Congress of the United States, or an |
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| 1 | | order of the Governor. | 2 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 3 | | 98-177, eff. 1-1-14; 98-756, eff. 7-16-14.) | 4 | | (Text of Section after amendment by P.A. 98-176 ) | 5 | | Sec. 6-118. Fees. | 6 | | (a) The fee for licenses and permits under this
Article is | 7 | | as follows: | 8 | | Original driver's license .............................$30 | 9 | | Original or renewal driver's license | 10 | | issued to 18, 19 and 20 year olds .................. 5 | 11 | | All driver's licenses for persons | 12 | | age 69 through age 80 .............................. 5 | 13 | | All driver's licenses for persons | 14 | | age 81 through age 86 .............................. 2 | 15 | | All driver's licenses for persons | 16 | | age 87 or older .....................................0 | 17 | | Renewal driver's license (except for | 18 | | applicants ages 18, 19 and 20 or | 19 | | age 69 and older) ..................................30 | 20 | | Original instruction permit issued to | 21 | | persons (except those age 69 and older) | 22 | | who do not hold or have not previously | 23 | | held an Illinois instruction permit or | 24 | | driver's license .................................. 20 | 25 | | Instruction permit issued to any person |
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| 1 | | holding an Illinois driver's license | 2 | | who wishes a change in classifications, | 3 | | other than at the time of renewal .................. 5 | 4 | | Any instruction permit issued to a person | 5 | | age 69 and older ................................... 5 | 6 | | Instruction permit issued to any person, | 7 | | under age 69, not currently holding a | 8 | | valid Illinois driver's license or | 9 | | instruction permit but who has | 10 | | previously been issued either document | 11 | | in Illinois ....................................... 10 | 12 | | Restricted driving permit .............................. 8 | 13 | | Monitoring device driving permit ...................... 8 | 14 | | Duplicate or corrected driver's license | 15 | | or permit .......................................... 5 | 16 | | Duplicate or corrected restricted | 17 | | driving permit ..................................... 5 | 18 | | Duplicate or corrected monitoring | 19 | | device driving permit .................................. 5 | 20 | | Duplicate driver's license or permit issued to | 21 | | an active-duty member of the | 22 | | United States Armed Forces, | 23 | | the member's spouse, or | 24 | | the dependent children living | 25 | | with the member ................................... 0 | 26 | | Original or renewal M or L endorsement ................. 5 |
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| 1 | | SPECIAL FEES FOR COMMERCIAL DRIVER'S LICENSE | 2 | | The fees for commercial driver licenses and permits | 3 | | under Article V
shall be as follows: | 4 | | Commercial driver's license: | 5 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund | 6 | | (Commercial Driver's License Information | 7 | | System/American Association of Motor Vehicle | 8 | | Administrators network/National Motor Vehicle | 9 | | Title Information Service Trust Fund); | 10 | | $20 for the Motor Carrier Safety Inspection Fund; | 11 | | $10 for the driver's license; | 12 | | and $24 for the CDL: ............................. $60 | 13 | | Renewal commercial driver's license: | 14 | | $6 for the CDLIS/AAMVAnet/NMVTIS Trust Fund; | 15 | | $20 for the Motor Carrier Safety Inspection Fund; | 16 | | $10 for the driver's license; and | 17 | | $24 for the CDL: ................................. $60 | 18 | | Commercial learner's permit | 19 | | issued to any person holding a valid | 20 | | Illinois driver's license for the | 21 | | purpose of changing to a | 22 | | CDL classification: $6 for the | 23 | | CDLIS/AAMVAnet/NMVTIS Trust Fund; | 24 | | $20 for the Motor Carrier | 25 | | Safety Inspection Fund; and | 26 | | $24 for the CDL classification ................... $50 |
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| 1 | | Commercial learner's permit | 2 | | issued to any person holding a valid | 3 | | Illinois CDL for the purpose of | 4 | | making a change in a classification, | 5 | | endorsement or restriction ........................ $5 | 6 | | CDL duplicate or corrected license .................... $5 | 7 | | In order to ensure the proper implementation of the Uniform | 8 | | Commercial
Driver License Act, Article V of this Chapter, the | 9 | | Secretary of State is
empowered to pro-rate the $24 fee for the | 10 | | commercial driver's license
proportionate to the expiration | 11 | | date of the applicant's Illinois driver's
license. | 12 | | The fee for any duplicate license or permit shall be waived | 13 | | for any
person who presents the Secretary of State's office | 14 | | with a
police report showing that his license or permit was | 15 | | stolen. | 16 | | The fee for any duplicate license or permit shall be waived | 17 | | for any
person age 60 or older whose driver's license or permit | 18 | | has been lost or stolen. | 19 | | No additional fee shall be charged for a driver's license, | 20 | | or for a
commercial driver's license, when issued
to the holder | 21 | | of an instruction permit for the same classification or
type of | 22 | | license who becomes eligible for such
license. | 23 | | (b) Any person whose license or privilege to operate a | 24 | | motor vehicle
in this State has been suspended or revoked under | 25 | | Section 3-707, any
provision of
Chapter 6, Chapter 11, or | 26 | | Section 7-205, 7-303, or 7-702 of the Family
Financial
|
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| 1 | | Responsibility Law of this Code, shall in addition to any other
| 2 | | fees required by this Code, pay a reinstatement fee as follows: | 3 | | Suspension under Section 3-707 .....................
$100
| 4 | | Suspension under Section 11-1431 .....................$100 | 5 | | Summary suspension under Section 11-501.1 ...........$250
| 6 | | Suspension under Section 11-501.9 ...................$250 | 7 | | Summary revocation under Section 11-501.1 ............$500 | 8 | | Other suspension ......................................$70 | 9 | | Revocation ...........................................$500 | 10 | | However, any person whose license or privilege to operate a | 11 | | motor vehicle
in this State has been suspended or revoked for a | 12 | | second or subsequent time
for a violation of Section 11-501, | 13 | | 11-501.1, or 11-501.9
of this Code or a similar provision of a | 14 | | local ordinance
or a similar out-of-state offense
or Section | 15 | | 9-3 of the Criminal Code of 1961 or the Criminal Code of 2012
| 16 | | and each suspension or revocation was for a violation of | 17 | | Section 11-501,
11-501.1, or 11-501.9 of this Code or a similar | 18 | | provision of a local ordinance
or a similar out-of-state | 19 | | offense
or Section
9-3 of the Criminal Code of 1961 or the | 20 | | Criminal Code of 2012
shall pay, in addition to any other
fees | 21 | | required by this Code, a
reinstatement
fee as follows: | 22 | | Summary suspension under Section 11-501.1 ............$500 | 23 | | Suspension under Section 11-501.9 ...................$500 | 24 | | Summary revocation under Section 11-501.1 ............$500 | 25 | | Revocation ...........................................$500 | 26 | | (c) All fees collected under the provisions of this Chapter |
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| 1 | | 6 shall be
paid into the Road Fund in the State Treasury except | 2 | | as follows: | 3 | | 1. The following amounts shall be paid into the Driver | 4 | | Education Fund: | 5 | | (A) $16 of the $20
fee for an original driver's | 6 | | instruction permit; | 7 | | (B) $5 of the $30 fee for an original driver's | 8 | | license; | 9 | | (C) $5 of the $30 fee for a 4 year renewal driver's | 10 | | license;
| 11 | | (D) $4 of the $8 fee for a restricted driving | 12 | | permit; and | 13 | | (E) $4 of the $8 fee for a monitoring device | 14 | | driving permit. | 15 | | 2. $30 of the $250 fee for reinstatement of a
license
| 16 | | summarily suspended under Section 11-501.1 or suspended | 17 | | under Section 11-501.9 shall be deposited into the
Drunk | 18 | | and Drugged Driving Prevention Fund.
However, for a person | 19 | | whose license or privilege to operate a motor vehicle
in | 20 | | this State has been suspended or revoked for a second or | 21 | | subsequent time for
a violation of Section 11-501, | 22 | | 11-501.1, or 11-501.9 of this Code or Section 9-3 of the
| 23 | | Criminal Code of 1961 or the Criminal Code of 2012,
$190 of | 24 | | the $500 fee for reinstatement of a license summarily
| 25 | | suspended under
Section 11-501.1 or suspended under | 26 | | Section 11-501.9,
and $190 of the $500 fee for |
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| 1 | | reinstatement of a revoked license
shall be deposited into | 2 | | the Drunk and Drugged Driving Prevention Fund. $190 of the | 3 | | $500 fee for reinstatement of a license summarily revoked | 4 | | pursuant to Section 11-501.1 shall be deposited into the | 5 | | Drunk and Drugged Driving Prevention Fund. | 6 | | 3. $6 of the original or renewal fee for a commercial | 7 | | driver's
license and $6 of the commercial learner's permit | 8 | | fee when the
permit is issued to any person holding a valid | 9 | | Illinois driver's license,
shall be paid into the | 10 | | CDLIS/AAMVAnet/NMVTIS Trust Fund. | 11 | | 4. $30 of the $70 fee for reinstatement of a license | 12 | | suspended
under the
Family
Financial Responsibility Law | 13 | | shall be paid into the Family Responsibility
Fund. | 14 | | 5. The $5 fee for each original or renewal M or L | 15 | | endorsement shall be
deposited into the Cycle Rider Safety | 16 | | Training Fund. | 17 | | 6. $20 of any original or renewal fee for a commercial | 18 | | driver's
license or commercial learner's permit shall be | 19 | | paid into the Motor
Carrier Safety Inspection Fund. | 20 | | 7. The following amounts shall be paid into the General | 21 | | Revenue Fund: | 22 | | (A) $190 of the $250 reinstatement fee for a | 23 | | summary suspension under
Section 11-501.1 or a | 24 | | suspension under Section 11-501.9; | 25 | | (B) $40 of the $70 reinstatement fee for any other | 26 | | suspension provided
in subsection (b) of this Section; |
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| 1 | | and | 2 | | (C) $440 of the $500 reinstatement fee for a first | 3 | | offense revocation
and $310 of the $500 reinstatement | 4 | | fee for a second or subsequent revocation. | 5 | | (d) All of the proceeds of the additional fees imposed by | 6 | | this amendatory Act of the 96th General Assembly shall be | 7 | | deposited into the Capital Projects Fund. | 8 | | (e) The additional fees imposed by this amendatory Act of | 9 | | the 96th General Assembly shall become effective 90 days after | 10 | | becoming law. | 11 | | (f) As used in this Section, "active-duty member of the | 12 | | United States Armed Forces" means a member of the Armed | 13 | | Services or Reserve Forces of the United States or a member of | 14 | | the Illinois National Guard who is called to active duty | 15 | | pursuant to an executive order of the President of the United | 16 | | States, an act of the Congress of the United States, or an | 17 | | order of the Governor. | 18 | | (Source: P.A. 97-333, eff. 8-12-11; 97-1150, eff. 1-25-13; | 19 | | 98-176, eff. 7-8-15 (see Section 10 of P.A. 98-722 for the | 20 | | effective date of changes made by P.A. 98-176); 98-177, eff. | 21 | | 1-1-14; 98-756, eff. 7-16-14; 98-1172, eff. 1-12-15.) | 22 | | (625 ILCS 5/11-1431) | 23 | | Sec. 11-1431. Solicitations at accident or disablement | 24 | | scene prohibited. | 25 | | (a) A tower, as defined by Section 1-205.2 of this Code, or |
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| 1 | | an employee or agent of a tower may not: (i) stop at the scene | 2 | | of a motor vehicle accident or at or near a damaged or disabled | 3 | | vehicle for the purpose of soliciting the owner or operator of | 4 | | the damaged or disabled vehicle to enter into a towing service | 5 | | transaction; or (ii) stop at the scene of an accident or at or | 6 | | near a damaged or disabled vehicle unless called to the | 7 | | location by a law enforcement officer, the Illinois Department | 8 | | of Transportation, the Illinois State Toll Highway Authority, a | 9 | | local agency having jurisdiction over the highway, or the
owner | 10 | | or operator of the damaged or disabled vehicle. This Section | 11 | | shall not apply to employees of the Department, the Illinois | 12 | | State Toll Highway Authority, or local agencies when engaged in | 13 | | their official duties. Nothing in this Section shall prevent a | 14 | | tower from stopping at the scene of a motor vehicle accident or | 15 | | at or near a
damaged or disabled vehicle if the owner or | 16 | | operator signals the tower for assistance from the location of | 17 | | the motor vehicle accident or damaged or disabled vehicle.
| 18 | | (b) A person who violates this Section is guilty of a | 19 | | business offense and shall be required to pay a fine of more | 20 | | than $500, but not more than $1,000. A person convicted of | 21 | | violating this Section shall also have his or her driver's | 22 | | license, permit, or privileges suspended for 3 months. After | 23 | | the expiration of the 3 month suspension, the person's driver's | 24 | | license, permit, or privileges shall not be reinstated until he | 25 | | or she has paid a reinstatement fee of $100. If a person | 26 | | violates this Section while his or her driver's license, |
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| 1 | | permit, or privileges are suspended under this subsection (b), | 2 | | his or her driver's license, permit, or privileges shall be | 3 | | suspended for an additional 6 months, and shall not be | 4 | | reinstated after the expiration of the 6 month suspension until | 5 | | he or she pays a reinstatement fee of $100. | 6 | | (Source: P.A. 96-1376, eff. 7-29-10.)
| 7 | | (625 ILCS 5/18a-300) (from Ch. 95 1/2, par. 18a-300)
| 8 | | Sec. 18a-300. Commercial vehicle relocators - Unlawful | 9 | | practices. It
shall be unlawful for any commercial vehicle | 10 | | relocator:
| 11 | | (1) To operate in any county in which this Chapter is | 12 | | applicable
without a valid, current relocator's license as | 13 | | provided in Article IV
of this Chapter;
| 14 | | (2) To employ as an operator, or otherwise so use the | 15 | | services of,
any person who does not have at the | 16 | | commencement of employment or
service, or at any time | 17 | | during the course of employment or service, a
valid, | 18 | | current operator's employment permit, or temporary | 19 | | operator's
employment permit issued in accordance with | 20 | | Sections 18a-403 or 18a-405
of this Chapter; or to fail to | 21 | | notify the Commission, in writing, of any
known criminal | 22 | | conviction of any employee occurring at any time before
or | 23 | | during the course of employment or service;
| 24 | | (3) To employ as a dispatcher, or otherwise so use the | 25 | | services of, any
person who does not have at the |
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| 1 | | commencement of employment or service, or
at any time | 2 | | during the course of employment or service, a valid, | 3 | | current
dispatcher's or operator's employment permit or | 4 | | temporary dispatcher's or
operator's employment permit | 5 | | issued in accordance with Sections 18a-403 or
18a-407 of | 6 | | this Chapter; or to fail to notify the Commission, in | 7 | | writing,
of any known criminal conviction of any employee | 8 | | occurring at any time
before or during the course of | 9 | | employment or service;
| 10 | | (4) To operate upon the highways of this State any | 11 | | vehicle used in
connection with any commercial vehicle | 12 | | relocation service unless:
| 13 | |
(A) There is painted or firmly affixed to the | 14 | | vehicle on both sides of the
vehicle in a color or | 15 | | colors vividly contrasting to the color of the vehicle
| 16 | | the name, address and telephone number of the | 17 | | relocator.
The Commission shall prescribe reasonable | 18 | | rules and regulations
pertaining to insignia to be | 19 | | painted or firmly affixed to vehicles and
shall waive | 20 | | the requirements of the address on any vehicle in cases
| 21 | | where the operator of a vehicle has painted or | 22 | | otherwise firmly affixed
to the vehicle a seal or trade | 23 | | mark that clearly identifies the
operator of the | 24 | | vehicle; and
| 25 | |
(B) There is carried in the power unit of the | 26 | | vehicle a certified
copy of the currently effective |
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| 1 | | relocator's license and operator's
employment permit. | 2 | | Copies may be photographed, photocopied, or reproduced
| 3 | | or printed by any other legible and durable process. | 4 | | Any person guilty of
not causing to be displayed a copy | 5 | | of his relocator's license and
operator's employment | 6 | | permit may in any hearing concerning the violation
be | 7 | | excused from the payment of the penalty hereinafter | 8 | | provided upon a
showing that the license was issued by | 9 | | the Commission, but was
subsequently lost or | 10 | | destroyed;
| 11 | | (5) To operate upon the highways of this State any | 12 | | vehicle used in
connection with any commercial vehicle | 13 | | relocation service that bears the
name or address and | 14 | | telephone number of any person or entity other than
the | 15 | | relocator by which it is owned or to which it is leased;
| 16 | | (6) To advertise in any newspaper, book, list, | 17 | | classified directory
or other publication unless there is | 18 | | contained in the advertisement the
license number of the | 19 | | relocator;
| 20 | | (7) To remove any vehicle from private property without | 21 | | having first
obtained the written authorization of the | 22 | | property owner or other person
in lawful possession or | 23 | | control of the property, his authorized agent,
or an | 24 | | authorized law enforcement officer. The authorization may | 25 | | be on
a contractual basis covering a period of time or | 26 | | limited to a specific
removal;
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| 1 | | (8) To charge the private property owner, who requested | 2 | | that an
unauthorized vehicle be removed from his property, | 3 | | with the costs of
removing the vehicle contrary to any | 4 | | terms that may be a part of the
contract between the | 5 | | property owner and the commercial relocator.
Nothing in | 6 | | this paragraph shall prevent a relocator from assessing,
| 7 | | collecting, or receiving from the property owner, lessee, | 8 | | or their agents
any fee prescribed by the Commission;
| 9 | | (9) To remove a vehicle when the owner or operator of | 10 | | the vehicle
is present or arrives at the vehicle location | 11 | | at any time prior to the
completion of removal, and is | 12 | | willing and able to remove the vehicle
immediately , except | 13 | | for vehicles that require a commercial driver's license to | 14 | | operate.
Vehicles that require a commercial driver's | 15 | | license to operate shall be disconnected from the tow truck | 16 | | and the owner or operator shall be allowed to remove the | 17 | | vehicle without interference upon the payment of a | 18 | | reasonable service fee of not more than one-half of the | 19 | | posted rate of the towing service as provided in paragraph | 20 | | 6 of subsection (f) of Section 4-203 of this Code, for | 21 | | which a receipt shall be given. For purposes of this | 22 | | paragraph, a tractor and trailer together shall be | 23 | | considered 2 separate vehicles ;
| 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 that requires a commercial driver's license to | 3 | | operate by operating the vehicle under its own power on a | 4 | | highway without authorization by a law enforcement | 5 | | officer. | 6 | | (Source: P.A. 94-650, eff. 1-1-06.)
| 7 | | (625 ILCS 5/18d-153) | 8 | | Sec. 18d-153. Misrepresentation of affiliation. It shall | 9 | | be unlawful for any tower to misrepresent an affiliation with | 10 | | the State, a unit of local government, an insurance company, a | 11 | | private club, or any other entity , or falsely claim to be | 12 | | included on a law enforcement agency's tow rotation list | 13 | | maintained under Section 4-203.5 of this Code, for the purpose | 14 | | of securing a business transaction with a vehicle owner or | 15 | | operator.
| 16 | | (Source: P.A. 96-1369, eff. 1-1-11.)
| 17 | | Section 95. No acceleration or delay. Where this Act makes | 18 | | changes in a statute that is represented in this Act by text | 19 | | that is not yet or no longer in effect (for example, a Section | 20 | | represented by multiple versions), the use of that text does | 21 | | not accelerate or delay the taking effect of (i) the changes | 22 | | made by this Act or (ii) provisions derived from any other | 23 | | Public Act. | | | | SB1441 | - 44 - | LRB099 07079 RJF 27163 b |
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| 1 | |
INDEX
| 2 | |
Statutes amended in order of appearance
| | 3 | | 625 ILCS 5/4-203 | from Ch. 95 1/2, par. 4-203 | | 4 | | 625 ILCS 5/4-203.5 new | | | 5 | | 625 ILCS 5/6-118 | | | 6 | | 625 ILCS 5/11-1431 | | | 7 | | 625 ILCS 5/18a-300 | from Ch. 95 1/2, par. 18a-300 | | 8 | | 625 ILCS 5/18d-153 | |
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