Full Text of SB0965 97th General Assembly
SB0965enr 97TH 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 | | Section 6-306.5, 11-208, 11-208.3, 11-208.6, 11-612, and | 6 | | 12-610.5 and by adding Sections 1-105.1 and 11-208.8 as | 7 | | follows: | 8 | | (625 ILCS 5/1-105.1 new) | 9 | | Sec. 1-105.1. Automated speed enforcement system | 10 | | violation. A violation described in Section 11-208.8 of this | 11 | | Code.
| 12 | | (625 ILCS 5/6-306.5) (from Ch. 95 1/2, par. 6-306.5)
| 13 | | Sec. 6-306.5. Failure to pay fine or penalty for standing, | 14 | | parking,
compliance, automated speed enforcement system, or | 15 | | automated traffic law violations; suspension of driving | 16 | | privileges.
| 17 | | (a) Upon receipt of
a certified report,
as prescribed by | 18 | | subsection (c) of
this Section, from
any municipality or county | 19 | | stating that the owner of a registered vehicle: (1) has failed
| 20 | | to pay any fine or penalty due and owing as a result of 10 or | 21 | | more violations
of a
municipality's or county's vehicular | 22 | | standing, parking, or compliance
regulations established by
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| 1 | | ordinance pursuant to Section 11-208.3 of this Code, (2) has | 2 | | failed to pay any
fine or penalty due and owing as a result of 5 | 3 | | offenses for automated speed enforcement system violations or | 4 | | automated traffic
violations as defined in Sections
Section | 5 | | 11-208.6 , 11-208.8, or 11-1201.1, or combination thereof, or | 6 | | (3) is more than 14 days in default of a payment plan pursuant | 7 | | to which a suspension had been terminated under subsection (c) | 8 | | of this Section, the Secretary of State
shall suspend the | 9 | | driving privileges of such person in accordance with the
| 10 | | procedures set forth in this Section.
The Secretary shall also | 11 | | suspend the driving privileges of an owner of a
registered | 12 | | vehicle upon receipt of a certified report, as prescribed by
| 13 | | subsection (f) of this Section, from any municipality or county | 14 | | stating that such
person has failed to satisfy any fines or | 15 | | penalties imposed by final judgments
for 5 or more automated | 16 | | speed enforcement system or automated traffic law violations , | 17 | | or combination thereof, or 10 or more violations of local | 18 | | standing, parking, or
compliance regulations after
exhaustion | 19 | | of judicial review procedures.
| 20 | | (b) Following receipt of the certified report of the | 21 | | municipality or county as
specified in this Section, the | 22 | | Secretary of State shall notify the person
whose name appears | 23 | | on the certified report that
the person's
drivers license will | 24 | | be suspended at the end of a specified period of time
unless | 25 | | the Secretary of State is presented with a notice from the
| 26 | | municipality or county certifying that the fine or penalty due
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| 1 | | and owing the municipality or county has been paid or that | 2 | | inclusion of that
person's name on the certified report was in | 3 | | error. The Secretary's notice
shall state in substance the | 4 | | information
contained in the municipality's or county's | 5 | | certified report to the Secretary, and
shall be effective as | 6 | | specified by subsection (c) of Section 6-211 of this
Code.
| 7 | | (c) The report of the appropriate municipal or county | 8 | | official notifying the
Secretary of State of unpaid fines or | 9 | | penalties pursuant to this Section
shall be certified and shall | 10 | | contain the following:
| 11 | | (1) The name, last known address as recorded with the | 12 | | Secretary of State, as provided by the lessor of the cited | 13 | | vehicle at the time of lease, or as recorded in a United | 14 | | States Post Office approved database if any notice sent | 15 | | under Section 11-208.3 of this Code is returned as | 16 | | undeliverable, and drivers license number of the
person who | 17 | | failed to pay the fine or
penalty or who has defaulted in a | 18 | | payment plan and the registration number of any vehicle | 19 | | known to be registered
to such person in this State.
| 20 | | (2) The name of the municipality or county making the | 21 | | report pursuant to this
Section.
| 22 | | (3) A statement that the municipality or county sent a | 23 | | notice of impending
drivers license suspension as | 24 | | prescribed by ordinance enacted
pursuant to Section | 25 | | 11-208.3 of this Code or a notice of default in a payment | 26 | | plan, to the person named in the report at the
address |
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| 1 | | recorded with the Secretary of State or at the last address | 2 | | known to the lessor of the cited vehicle at the time of | 3 | | lease or, if any notice sent under Section 11-208.3 of this | 4 | | Code is returned as undeliverable, at the last known | 5 | | address recorded in a United States Post Office approved | 6 | | database; the date on which such
notice was sent; and the | 7 | | address to which such notice was sent.
In a municipality or | 8 | | county with a population of 1,000,000 or more, the report | 9 | | shall
also include a statement that the alleged violator's | 10 | | State vehicle registration
number and vehicle make, if | 11 | | specified on the automated speed enforcement system | 12 | | violation or automated traffic law violation notice, are | 13 | | correct as they appear on the citations. | 14 | | (4) A unique identifying reference number for each | 15 | | request of suspension sent whenever a person has failed to | 16 | | pay the fine or penalty or has defaulted on a payment plan.
| 17 | | (d) Any municipality or county making a certified report to | 18 | | the Secretary of State
pursuant to this Section
shall notify | 19 | | the Secretary of State, in a form prescribed by the
Secretary, | 20 | | whenever a person named in the certified report has paid the
| 21 | | previously reported fine or penalty, whenever a person named in | 22 | | the certified report has entered into a payment plan pursuant | 23 | | to which the municipality or county has agreed to terminate the | 24 | | suspension, or whenever the municipality or county determines
| 25 | | that the original report was in error. A certified copy of such
| 26 | | notification shall also be given upon request and at no |
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| 1 | | additional charge
to the person named therein. Upon receipt of | 2 | | the municipality's or county's
notification or presentation of | 3 | | a certified copy of such notification, the
Secretary of State | 4 | | shall terminate the suspension.
| 5 | | (e) Any municipality or county making a certified report to | 6 | | the Secretary of State
pursuant to this Section
shall also by | 7 | | ordinance establish procedures for persons to
challenge the | 8 | | accuracy of the certified report. The ordinance shall also
| 9 | | state the grounds for such a challenge, which may be limited to | 10 | | (1) the
person not having been the owner or lessee of the | 11 | | vehicle or vehicles
receiving 10 or more standing, parking, or | 12 | | compliance
violation notices or a combination of 5 or more | 13 | | automated speed enforcement system or automated traffic law | 14 | | violations on the date or dates such notices were issued; and | 15 | | (2) the
person
having already paid the fine or penalty for the | 16 | | 10 or more standing, parking, or compliance violations or | 17 | | combination of 5 or more automated speed enforcement system or | 18 | | automated traffic law violations
indicated on the certified | 19 | | report.
| 20 | | (f) Any municipality or county, other than a municipality | 21 | | or county establishing vehicular
standing, parking, and | 22 | | compliance regulations pursuant to
Section 11-208.3 , automated | 23 | | speed enforcement system regulations under Section 11-208.8, | 24 | | or automated traffic law regulations under Section 11-208.6 or | 25 | | 11-1201.1, may also
cause a suspension of a person's drivers | 26 | | license pursuant to this Section.
Such municipality or county |
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| 1 | | may invoke this sanction by making a certified report to
the | 2 | | Secretary of State upon a person's failure to satisfy any fine | 3 | | or
penalty imposed by final judgment for 10 or more violations | 4 | | of local
standing, parking, or compliance regulations or a | 5 | | combination of 5 or more automated speed enforcement system or | 6 | | automated traffic law violations after exhaustion
of judicial | 7 | | review
procedures, but only if:
| 8 | | (1) the municipality or county complies with the | 9 | | provisions of this Section in all
respects except in regard | 10 | | to enacting an ordinance pursuant to Section
11-208.3;
| 11 | | (2) the municipality or county has sent a notice of | 12 | | impending
drivers license suspension as prescribed by an | 13 | | ordinance enacted pursuant to
subsection (g) of this | 14 | | Section; and
| 15 | | (3) in municipalities or counties with a population of | 16 | | 1,000,000 or more, the
municipality or county
has verified | 17 | | that the alleged violator's State vehicle registration | 18 | | number and
vehicle make are correct as they appear on the | 19 | | citations.
| 20 | | (g) Any municipality or county, other than a municipality | 21 | | or county establishing
standing, parking, and compliance | 22 | | regulations pursuant to
Section 11-208.3 , automated speed | 23 | | enforcement system regulations under Section 11-208.8, or | 24 | | automated traffic law regulations under Section 11-208.6 or | 25 | | 11-1201.1, may provide by
ordinance for the sending of a notice | 26 | | of impending
drivers license suspension to the person who has |
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| 1 | | failed to satisfy any fine
or penalty imposed by final judgment | 2 | | for 10 or more violations of local
standing, parking, or | 3 | | compliance regulations or a combination of 5 or more automated | 4 | | speed enforcement system or automated traffic law violations | 5 | | after exhaustion
of
judicial review
procedures. An ordinance so | 6 | | providing shall specify that the notice
sent to the person | 7 | | liable for any fine or penalty
shall state that failure to pay | 8 | | the fine or
penalty owing within 45 days of the notice's date | 9 | | will result in the
municipality or county notifying the | 10 | | Secretary of State that
the person's drivers license is | 11 | | eligible for suspension pursuant to this
Section.
The notice of | 12 | | impending drivers license suspension
shall be sent by first | 13 | | class United States mail, postage prepaid, to the
address
| 14 | | recorded with the Secretary of State or at the last address | 15 | | known to the lessor of the cited vehicle at the time of lease | 16 | | or, if any notice sent under Section 11-208.3 of this Code is | 17 | | returned as undeliverable, to the last known address recorded | 18 | | in a United States Post Office approved database.
| 19 | | (h) An administrative hearing to contest an impending | 20 | | suspension or a
suspension made pursuant to this Section may be | 21 | | had upon filing a written
request with the Secretary of State. | 22 | | The filing fee for this hearing shall
be $20, to be paid at the | 23 | | time the request is made.
A municipality or county which files | 24 | | a certified report with the Secretary of
State pursuant to this | 25 | | Section shall reimburse the Secretary for all
reasonable costs | 26 | | incurred by the Secretary as a result of the filing of the
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| 1 | | report, including but not limited to the costs of providing the | 2 | | notice
required pursuant to subsection (b) and the costs | 3 | | incurred by the Secretary
in any hearing conducted with respect | 4 | | to the report pursuant to this
subsection and any appeal from | 5 | | such a hearing.
| 6 | | (i) The provisions of this Section shall apply on and after | 7 | | January 1, 1988.
| 8 | | (j) For purposes of this Section, the term "compliance | 9 | | violation" is
defined as in Section 11-208.3.
| 10 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1184, eff. 7-22-10; | 11 | | 96-1386, eff. 7-29-10; 97-333, eff. 8-12-11.)
| 12 | | (625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
| 13 | | Sec. 11-208. Powers of local authorities.
| 14 | | (a) The provisions of this Code shall not be deemed to | 15 | | prevent
local authorities with respect to streets and highways | 16 | | under their
jurisdiction and within the reasonable exercise of | 17 | | the police power from:
| 18 | | 1. Regulating the standing or parking of vehicles, | 19 | | except as
limited by Sections 11-1306 and 11-1307 of this | 20 | | Act;
| 21 | | 2. Regulating traffic by means of police officers or | 22 | | traffic control
signals;
| 23 | | 3. Regulating or prohibiting processions or | 24 | | assemblages on the highways;
| 25 | | 4. Designating particular highways as one-way highways |
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| 1 | | and requiring that
all vehicles thereon be moved in one | 2 | | specific direction;
| 3 | | 5. Regulating the speed of vehicles in public parks | 4 | | subject to the
limitations set forth in Section 11-604;
| 5 | | 6. Designating any highway as a through highway, as | 6 | | authorized in Section
11-302, and requiring that all | 7 | | vehicles stop before entering or crossing
the same or | 8 | | designating any intersection as a stop intersection or a | 9 | | yield
right-of-way intersection and requiring all vehicles | 10 | | to stop or yield the
right-of-way at one or more entrances | 11 | | to such intersections;
| 12 | | 7. Restricting the use of highways as authorized in | 13 | | Chapter 15;
| 14 | | 8. Regulating the operation of bicycles and requiring | 15 | | the
registration and licensing of same, including the | 16 | | requirement of a
registration fee;
| 17 | | 9. Regulating or prohibiting the turning of vehicles or | 18 | | specified
types of vehicles at intersections;
| 19 | | 10. Altering the speed limits as authorized in Section | 20 | | 11-604;
| 21 | | 11. Prohibiting U-turns;
| 22 | | 12. Prohibiting pedestrian crossings at other than | 23 | | designated and marked
crosswalks or at intersections;
| 24 | | 13. Prohibiting parking during snow removal operation;
| 25 | | 14. Imposing fines in accordance with Section | 26 | | 11-1301.3 as penalties
for use of any parking place |
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| 1 | | reserved for persons with disabilities, as defined
by | 2 | | Section 1-159.1, or disabled veterans by any person using a | 3 | | motor
vehicle not bearing registration plates specified in | 4 | | Section 11-1301.1
or a special decal or device as defined | 5 | | in Section 11-1301.2
as evidence that the vehicle is | 6 | | operated by or for a person
with disabilities or disabled | 7 | | veteran;
| 8 | | 15. Adopting such other traffic regulations as are | 9 | | specifically
authorized by this Code; or
| 10 | | 16. Enforcing the provisions of subsection (f) of | 11 | | Section 3-413 of this
Code or a similar local ordinance.
| 12 | | (b) No ordinance or regulation enacted under subsections 1, | 13 | | 4, 5, 6, 7,
9, 10, 11 or 13 of paragraph (a) shall be effective | 14 | | until signs giving
reasonable notice of such local traffic | 15 | | regulations are posted.
| 16 | | (c) The provisions of this Code shall not prevent any
| 17 | | municipality having a population of 500,000 or more inhabitants | 18 | | from
prohibiting any person from driving or operating any motor | 19 | | vehicle upon
the roadways of such municipality with headlamps | 20 | | on high beam or bright.
| 21 | | (d) The provisions of this Code shall not be deemed to | 22 | | prevent local
authorities within the reasonable exercise of | 23 | | their police power from
prohibiting, on private property, the | 24 | | unauthorized use of parking spaces
reserved for persons with | 25 | | disabilities.
| 26 | | (e) No unit of local government, including a home rule |
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| 1 | | unit, may enact or
enforce an ordinance that applies only to | 2 | | motorcycles if the principal purpose
for that ordinance is to | 3 | | restrict the access of motorcycles to any highway or
portion of | 4 | | a highway for which federal or State funds have been used for | 5 | | the
planning, design, construction, or maintenance of that | 6 | | highway. No unit of
local government, including a home rule | 7 | | unit, may enact an ordinance requiring
motorcycle users to wear | 8 | | protective headgear. Nothing in this subsection
(e) shall | 9 | | affect the authority of a unit of local government to regulate
| 10 | | motorcycles for traffic control purposes or in accordance with | 11 | | Section 12-602
of this Code. No unit of local government, | 12 | | including a home rule unit, may
regulate motorcycles in a | 13 | | manner inconsistent with this Code. This subsection
(e) is a | 14 | | limitation under subsection (i) of Section 6 of Article VII of | 15 | | the
Illinois Constitution on the concurrent exercise by home | 16 | | rule units of powers
and functions exercised by the State.
| 17 | | (f) A municipality or county designated in Section 11-208.6 | 18 | | may enact an ordinance providing for an
automated traffic law | 19 | | enforcement system to enforce violations of this Code or
a | 20 | | similar provision of a local ordinance and imposing liability | 21 | | on a registered owner or lessee of a vehicle used in such a | 22 | | violation.
| 23 | | (g) A municipality or county, as provided in Section | 24 | | 11-1201.1, may enact an ordinance providing for an automated | 25 | | traffic law enforcement system to enforce violations of Section | 26 | | 11-1201 of this Code or a similar provision of a local |
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| 1 | | ordinance and imposing liability on a registered owner of a | 2 | | vehicle used in such a violation.
| 3 | | (h) A municipality designated in Section 11-208.8 may enact | 4 | | an ordinance providing for an
automated speed enforcement | 5 | | system to enforce violations of Article VI of Chapter 11 of | 6 | | this Code or a similar provision of a local ordinance. | 7 | | (Source: P.A. 96-478, eff. 1-1-10; 96-1256, eff. 1-1-11; 97-29, | 8 | | eff. 1-1-12.)
| 9 | | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
| 10 | | Sec. 11-208.3. Administrative adjudication of violations | 11 | | of traffic
regulations concerning the standing, parking, or | 12 | | condition of
vehicles , and automated traffic law violations , | 13 | | and automated speed enforcement system violations .
| 14 | | (a) Any municipality or county may provide by ordinance for | 15 | | a system of
administrative adjudication of vehicular standing | 16 | | and parking violations and
vehicle compliance violations as | 17 | | described in this subsection , and automated traffic law | 18 | | violations as defined in Section 11-208.6 or 11-1201.1 , and | 19 | | automated speed enforcement system violations as defined in | 20 | | Section 11-208.8 .
The administrative system shall have as its | 21 | | purpose the fair and
efficient enforcement of municipal or | 22 | | county regulations through the
administrative adjudication of | 23 | | automated speed enforcement system or automated traffic law | 24 | | violations and violations of municipal or county ordinances
| 25 | | regulating the standing and parking of vehicles, the condition |
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| 1 | | and use of
vehicle equipment, and the display of municipal or | 2 | | county wheel tax licenses within the
municipality's
or county's | 3 | | borders. The administrative system shall only have authority to | 4 | | adjudicate
civil offenses carrying fines not in excess of $500 | 5 | | or requiring the completion of a traffic education program, or | 6 | | both, that occur after the
effective date of the ordinance | 7 | | adopting such a system under this Section.
For purposes of this | 8 | | Section, "compliance violation" means a violation of a
| 9 | | municipal or county regulation governing the condition or use | 10 | | of equipment on a vehicle
or governing the display of a | 11 | | municipal or county wheel tax license.
| 12 | | (b) Any ordinance establishing a system of administrative | 13 | | adjudication
under this Section shall provide for:
| 14 | | (1) A traffic compliance administrator authorized to
| 15 | | adopt, distribute and
process parking, compliance, and | 16 | | automated speed enforcement system or automated traffic | 17 | | law violation notices and other notices required
by this
| 18 | | Section, collect money paid as fines and penalties for | 19 | | violation of parking
and compliance
ordinances and | 20 | | automated speed enforcement system or automated traffic | 21 | | law violations, and operate an administrative adjudication | 22 | | system. The traffic
compliance
administrator also may make | 23 | | a certified report to the Secretary of State
under Section | 24 | | 6-306.5.
| 25 | | (2) A parking, standing, compliance, automated speed | 26 | | enforcement system, or automated traffic law violation |
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| 1 | | notice
that
shall specify the date,
time, and place of | 2 | | violation of a parking, standing,
compliance, automated | 3 | | speed enforcement system, or automated traffic law
| 4 | | regulation; the particular regulation
violated; any | 5 | | requirement to complete a traffic education program; the | 6 | | fine and any penalty that may be assessed for late payment | 7 | | or failure to complete a required traffic education | 8 | | program, or both,
when so provided by ordinance; the | 9 | | vehicle make and state registration
number; and the | 10 | | identification number of the
person issuing the notice.
| 11 | | With regard to automated speed enforcement system or | 12 | | automated traffic law violations, vehicle make shall be | 13 | | specified on the automated speed enforcement system or | 14 | | automated traffic law violation notice if the make is | 15 | | available and readily discernible. With regard to | 16 | | municipalities or counties with a population of 1 million | 17 | | or more, it
shall be grounds for
dismissal of a parking
| 18 | | violation if the state registration number or vehicle make | 19 | | specified is
incorrect. The violation notice shall state | 20 | | that the completion of any required traffic education | 21 | | program, the payment of any indicated
fine, and the payment | 22 | | of any applicable penalty for late payment or failure to | 23 | | complete a required traffic education program, or both, | 24 | | shall operate as a
final disposition of the violation. The | 25 | | notice also shall contain
information as to the | 26 | | availability of a hearing in which the violation may
be |
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| 1 | | contested on its merits. The violation notice shall specify | 2 | | the
time and manner in which a hearing may be had.
| 3 | | (3) Service of the parking, standing, or compliance
| 4 | | violation notice by affixing the
original or a facsimile of | 5 | | the notice to an unlawfully parked vehicle or by
handing | 6 | | the notice to the operator of a vehicle if he or she is
| 7 | | present and service of an automated speed enforcement | 8 | | system or automated traffic law violation notice by mail to | 9 | | the
address
of the registered owner or lessee of the cited | 10 | | vehicle as recorded with the Secretary of
State or the | 11 | | lessor of the motor vehicle within 30 days after the | 12 | | Secretary of State or the lessor of the motor vehicle | 13 | | notifies the municipality or county of the identity of the | 14 | | owner or lessee of the vehicle, but not later than 90 days | 15 | | after the violation, except that in the case of a lessee of | 16 | | a motor vehicle, service of an automated traffic law | 17 | | violation notice may occur no later than 210 days after the | 18 | | violation. A person authorized by ordinance to issue and | 19 | | serve parking,
standing, and compliance
violation notices | 20 | | shall certify as to the correctness of the facts entered
on | 21 | | the violation notice by signing his or her name to the | 22 | | notice at
the time of service or in the case of a notice | 23 | | produced by a computerized
device, by signing a single | 24 | | certificate to be kept by the traffic
compliance
| 25 | | administrator attesting to the correctness of all notices | 26 | | produced by the
device while it was under his or her |
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| 1 | | control. In the case of an automated traffic law violation, | 2 | | the ordinance shall
require
a
determination by a technician | 3 | | employed or contracted by the municipality or county that,
| 4 | | based on inspection of recorded images, the motor vehicle | 5 | | was being operated in
violation of Section 11-208.6 or | 6 | | 11-1201.1 or a local ordinance.
If the technician | 7 | | determines that the
vehicle entered the intersection as | 8 | | part of a funeral procession or in order to
yield the | 9 | | right-of-way to an emergency vehicle, a citation shall not | 10 | | be issued. In municipalities with a population of less than | 11 | | 1,000,000 inhabitants and counties with a population of | 12 | | less than 3,000,000 inhabitants, the automated traffic law | 13 | | ordinance shall require that all determinations by a | 14 | | technician that a motor vehicle was being operated in
| 15 | | violation of Section 11-208.6 or 11-1201.1 or a local | 16 | | ordinance must be reviewed and approved by a law | 17 | | enforcement officer or retired law enforcement officer of | 18 | | the municipality or county issuing the violation. In | 19 | | municipalities with a population of 1,000,000 or more | 20 | | inhabitants and counties with a population of 3,000,000 or | 21 | | more inhabitants, the automated traffic law ordinance | 22 | | shall require that all determinations by a technician that | 23 | | a motor vehicle was being operated in
violation of Section | 24 | | 11-208.6 or 11-1201.1 or a local ordinance must be reviewed | 25 | | and approved by a law enforcement officer or retired law | 26 | | enforcement officer of the municipality or county issuing |
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| 1 | | the violation or by an additional fully-trained reviewing | 2 | | technician who is not employed by the contractor who | 3 | | employs the technician who made the initial determination. | 4 | | In the case of an automated speed enforcement system | 5 | | violation, the ordinance shall require a determination by a | 6 | | technician employed by the municipality, based upon an | 7 | | inspection of recorded images, video or other | 8 | | documentation, including documentation of the speed limit | 9 | | and automated speed enforcement signage, and documentation | 10 | | of the inspection, calibration, and certification of the | 11 | | speed equipment, that the vehicle was being operated in | 12 | | violation of Article VI of Chapter 11 of this Code or a | 13 | | similar local ordinance. If the technician determines that | 14 | | the vehicle speed was not determined by a calibrated, | 15 | | certified speed equipment device based upon the speed | 16 | | equipment documentation, or if the vehicle was an emergency | 17 | | vehicle, a citation may not be issued. The automated speed | 18 | | enforcement ordinance shall require that all | 19 | | determinations by a technician that a violation occurred be | 20 | | reviewed and approved by a law enforcement officer or | 21 | | retired law enforcement officer of the municipality | 22 | | issuing the violation or by an additional fully trained | 23 | | reviewing technician who is not employed by the contractor | 24 | | who employs the technician who made the initial | 25 | | determination. Routine and independent calibration of the | 26 | | speeds produced by automated speed enforcement systems and |
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| 1 | | equipment shall be conducted by a qualified technician. | 2 | | Speeds produced by an automated speed enforcement system | 3 | | shall be compared with speeds produced by lidar or other | 4 | | independent equipment. Qualified technicians shall test | 5 | | radar or lidar equipment no less frequently than once each | 6 | | week, and shall test loop based equipment no less | 7 | | frequently than once a year. Radar equipment shall be | 8 | | checked for accuracy by a qualified technician when the | 9 | | unit is serviced, when unusual or suspect readings persist, | 10 | | or when deemed necessary by a reviewing technician. Radar | 11 | | equipment shall be checked with certified tuning forks, the | 12 | | internal circuit test, and diode display test whenever the | 13 | | radar is turned on. Technicians must be alert for any | 14 | | unusual or suspect readings, and if unusual or suspect | 15 | | readings of a radar unit persist, that unit shall | 16 | | immediately be removed from service and not returned to | 17 | | service until it has been checked by a qualified technician | 18 | | and determined to be functioning properly. Documentation | 19 | | of the calibration results, including the equipment | 20 | | tested, test date, technician performing the test, and test | 21 | | results, shall be maintained and available for use in the | 22 | | determination of an automated speed enforcement system | 23 | | violation and issuance of a citation. The technician | 24 | | performing the calibration and testing of the automated | 25 | | speed enforcement equipment shall be trained and certified | 26 | | in the use of equipment for speed enforcement purposes. |
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| 1 | | Training on the speed enforcement equipment may be | 2 | | conducted by law enforcement, civilian, or manufacturer's | 3 | | personnel and shall be equivalent to the equipment use and | 4 | | operations training included in the Speed Measuring Device | 5 | | Operator Program developed by the National Highway Traffic | 6 | | Safety Administration (NHTSA). The technician who performs | 7 | | the work shall keep accurate records on each piece of | 8 | | equipment the technician calibrates and tests. As used in | 9 | | this paragraph, "fully-trained reviewing technician" means | 10 | | a person who has received at least 40 hours of supervised | 11 | | training in subjects which shall include image inspection | 12 | | and interpretation, the elements necessary to prove a | 13 | | violation, license plate identification, and traffic | 14 | | safety and management. In all municipalities and counties, | 15 | | the automated speed enforcement system or automated | 16 | | traffic law ordinance shall require that no additional fee | 17 | | shall be charged to the alleged violator for exercising his | 18 | | or her right to an administrative hearing, and persons | 19 | | shall be given at least 25 days following an administrative | 20 | | hearing to pay any civil penalty imposed by a finding that | 21 | | Section 11-208.6 , 11-208.8, or 11-1201.1 or a similar local | 22 | | ordinance has been violated. The original or a
facsimile of | 23 | | the violation notice or, in the case of a notice produced | 24 | | by a
computerized device, a printed record generated by the | 25 | | device showing the facts
entered on the notice, shall be | 26 | | retained by the
traffic compliance
administrator, and |
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| 1 | | shall be a record kept in the ordinary course of
business. | 2 | | A parking, standing, compliance, automated speed | 3 | | enforcement system, or automated traffic law violation | 4 | | notice issued,
signed and served in
accordance with this | 5 | | Section, a copy of the notice, or the computer
generated | 6 | | record shall be prima facie
correct and shall be prima | 7 | | facie evidence of the correctness of the facts
shown on the | 8 | | notice. The notice, copy, or computer generated
record | 9 | | shall be admissible in any
subsequent administrative or | 10 | | legal proceedings.
| 11 | | (4) An opportunity for a hearing for the registered | 12 | | owner of the
vehicle cited in the parking, standing, | 13 | | compliance, automated speed enforcement system, or | 14 | | automated traffic law violation notice in
which the owner | 15 | | may
contest the merits of the alleged violation, and during | 16 | | which formal or
technical rules of evidence shall not | 17 | | apply; provided, however, that under
Section 11-1306 of | 18 | | this Code the lessee of a vehicle cited in the
violation | 19 | | notice likewise shall be provided an opportunity for a | 20 | | hearing of
the same kind afforded the registered owner. The | 21 | | hearings shall be
recorded, and the person conducting the | 22 | | hearing on behalf of the traffic
compliance
administrator | 23 | | shall be empowered to administer oaths and to secure by
| 24 | | subpoena both the attendance and testimony of witnesses and | 25 | | the production
of relevant books and papers. Persons | 26 | | appearing at a hearing under this
Section may be |
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| 1 | | represented by counsel at their expense. The ordinance may
| 2 | | also provide for internal administrative review following | 3 | | the decision of
the hearing officer.
| 4 | | (5) Service of additional notices, sent by first class | 5 | | United States
mail, postage prepaid, to the address of the | 6 | | registered owner of the cited
vehicle as recorded with the | 7 | | Secretary of State or, if any notice to that address is | 8 | | returned as undeliverable, to the last known address | 9 | | recorded in a United States Post Office approved database,
| 10 | | or, under Section 11-1306
or subsection (p) of Section | 11 | | 11-208.6 , or subsection (p) of Section 11-208.8 of this | 12 | | Code, to the lessee of the cited vehicle at the last | 13 | | address known
to the lessor of the cited vehicle at the | 14 | | time of lease or, if any notice to that address is returned | 15 | | as undeliverable, to the last known address recorded in a | 16 | | United States Post Office approved database.
The service | 17 | | shall
be deemed complete as of the date of deposit in the | 18 | | United States mail.
The notices shall be in the following | 19 | | sequence and shall include but not be
limited to the | 20 | | information specified herein:
| 21 | | (i) A second notice of parking, standing, or | 22 | | compliance violation. This notice shall specify the
| 23 | | date and location of the violation cited in the | 24 | | parking,
standing,
or compliance violation
notice, the | 25 | | particular regulation violated, the vehicle
make and | 26 | | state registration number, any requirement to complete |
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| 1 | | a traffic education program, the fine and any penalty | 2 | | that may be
assessed for late payment or failure to | 3 | | complete a traffic education program, or both, when so | 4 | | provided by ordinance, the availability
of a hearing in | 5 | | which the violation may be contested on its merits, and | 6 | | the
time and manner in which the hearing may be had. | 7 | | The notice of violation
shall also state that failure | 8 | | to complete a required traffic education program, to | 9 | | pay the indicated fine and any
applicable penalty, or | 10 | | to appear at a hearing on the merits in the time and
| 11 | | manner specified, will result in a final determination | 12 | | of violation
liability for the cited violation in the | 13 | | amount of the fine or penalty
indicated, and that, upon | 14 | | the occurrence of a final determination of violation | 15 | | liability for the failure, and the exhaustion of, or
| 16 | | failure to exhaust, available administrative or | 17 | | judicial procedures for
review, any incomplete traffic | 18 | | education program or any unpaid fine or penalty, or | 19 | | both, will constitute a debt due and owing
the | 20 | | municipality or county.
| 21 | | (ii) A notice of final determination of parking, | 22 | | standing,
compliance, automated speed enforcement | 23 | | system, or automated traffic law violation liability.
| 24 | | This notice shall be sent following a final | 25 | | determination of parking,
standing, compliance, | 26 | | automated speed enforcement system, or automated |
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| 1 | | traffic law
violation liability and the conclusion of | 2 | | judicial review procedures taken
under this Section. | 3 | | The notice shall state that the incomplete traffic | 4 | | education program or the unpaid fine or
penalty, or | 5 | | both, is a debt due and owing the municipality or | 6 | | county. The notice shall contain
warnings that failure | 7 | | to complete any required traffic education program or | 8 | | to pay any fine or penalty due and owing the
| 9 | | municipality or county, or both, within the time | 10 | | specified may result in the municipality's
or county's | 11 | | filing of a petition in the Circuit Court to have the | 12 | | incomplete traffic education program or unpaid
fine or | 13 | | penalty, or both, rendered a judgment as provided by | 14 | | this Section, or may
result in suspension of the | 15 | | person's drivers license for failure to complete a | 16 | | traffic education program or to pay
fines or penalties, | 17 | | or both, for 10 or more parking violations under | 18 | | Section 6-306.5 , or a combination of 5 or more | 19 | | automated traffic law violations under Section | 20 | | 11-208.6 or automated speed enforcement system | 21 | | violations under Section 11-208.8 .
| 22 | | (6) A notice of impending drivers license suspension. | 23 | | This
notice shall be sent to the person liable for failure | 24 | | to complete a required traffic education program or to pay | 25 | | any fine or penalty that
remains due and owing, or both, on | 26 | | 10 or more parking
violations or combination of 5 or more |
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| 1 | | unpaid automated speed enforcement system or automated | 2 | | traffic law violations. The notice
shall state that failure | 3 | | to complete a required traffic education program or to pay | 4 | | the fine or penalty owing, or both, within 45 days of
the | 5 | | notice's date will result in the municipality or county | 6 | | notifying the Secretary
of State that the person is | 7 | | eligible for initiation of suspension
proceedings under | 8 | | Section 6-306.5 of this Code. The notice shall also state
| 9 | | that the person may obtain a photostatic copy of an | 10 | | original ticket imposing a
fine or penalty by sending a | 11 | | self addressed, stamped envelope to the
municipality or | 12 | | county along with a request for the photostatic copy.
The | 13 | | notice of impending
drivers license suspension shall be | 14 | | sent by first class United States mail,
postage prepaid, to | 15 | | the address recorded with the Secretary of State or, if any | 16 | | notice to that address is returned as undeliverable, to the | 17 | | last known address recorded in a United States Post Office | 18 | | approved database.
| 19 | | (7) Final determinations of violation liability. A | 20 | | final
determination of violation liability shall occur | 21 | | following failure to complete the required traffic | 22 | | education program or
to pay the fine or penalty, or both, | 23 | | after a hearing officer's determination of violation | 24 | | liability and the exhaustion of or failure to exhaust any
| 25 | | administrative review procedures provided by ordinance. | 26 | | Where a person
fails to appear at a hearing to contest the |
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| 1 | | alleged violation in the time
and manner specified in a | 2 | | prior mailed notice, the hearing officer's
determination | 3 | | of violation liability shall become final: (A) upon
denial | 4 | | of a timely petition to set aside that determination, or | 5 | | (B) upon
expiration of the period for filing the petition | 6 | | without a
filing having been made.
| 7 | | (8) A petition to set aside a determination of parking, | 8 | | standing,
compliance, automated speed enforcement system, | 9 | | or automated traffic law violation
liability that may be | 10 | | filed by a person owing an unpaid fine or penalty. A | 11 | | petition to set aside a determination of liability may also | 12 | | be filed by a person required to complete a traffic | 13 | | education program.
The petition shall be filed with and | 14 | | ruled upon by the traffic compliance
administrator in the | 15 | | manner and within the time specified by ordinance.
The | 16 | | grounds for the petition may be limited to: (A) the person | 17 | | not having
been the owner or lessee of the cited vehicle on | 18 | | the date the
violation notice was issued, (B) the person | 19 | | having already completed the required traffic education | 20 | | program or paid the fine or
penalty, or both, for the | 21 | | violation in question, and (C) excusable failure to
appear | 22 | | at or
request a new date for a hearing.
With regard to | 23 | | municipalities or counties with a population of 1 million | 24 | | or more, it
shall be grounds for
dismissal of a
parking | 25 | | violation if the state registration number, or vehicle make | 26 | | if specified, is
incorrect. After the determination of
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| 1 | | parking, standing, compliance, automated speed enforcement | 2 | | system, or automated traffic law violation liability has | 3 | | been set aside
upon a showing of just
cause, the registered | 4 | | owner shall be provided with a hearing on the merits
for | 5 | | that violation.
| 6 | | (9) Procedures for non-residents. Procedures by which | 7 | | persons who are
not residents of the municipality or county | 8 | | may contest the merits of the alleged
violation without | 9 | | attending a hearing.
| 10 | | (10) A schedule of civil fines for violations of | 11 | | vehicular standing,
parking, compliance, automated speed | 12 | | enforcement system, or automated traffic law regulations | 13 | | enacted by ordinance pursuant to this
Section, and a
| 14 | | schedule of penalties for late payment of the fines or | 15 | | failure to complete required traffic education programs, | 16 | | provided, however,
that the total amount of the fine and | 17 | | penalty for any one violation shall
not exceed $250, except | 18 | | as provided in subsection (c) of Section 11-1301.3 of this | 19 | | Code.
| 20 | | (11) Other provisions as are necessary and proper to | 21 | | carry into
effect the powers granted and purposes stated in | 22 | | this Section.
| 23 | | (c) Any municipality or county establishing vehicular | 24 | | standing, parking,
compliance, automated speed enforcement | 25 | | system, or automated traffic law
regulations under this Section | 26 | | may also provide by ordinance for a
program of vehicle |
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| 1 | | immobilization for the purpose of facilitating
enforcement of | 2 | | those regulations. The program of vehicle
immobilization shall | 3 | | provide for immobilizing any eligible vehicle upon the
public | 4 | | way by presence of a restraint in a manner to prevent operation | 5 | | of
the vehicle. Any ordinance establishing a program of vehicle
| 6 | | immobilization under this Section shall provide:
| 7 | | (1) Criteria for the designation of vehicles eligible | 8 | | for
immobilization. A vehicle shall be eligible for | 9 | | immobilization when the
registered owner of the vehicle has | 10 | | accumulated the number of incomplete traffic education | 11 | | programs or unpaid final
determinations of parking, | 12 | | standing, compliance, automated speed enforcement system, | 13 | | or automated traffic law violation liability, or both, as
| 14 | | determined by ordinance.
| 15 | | (2) A notice of impending vehicle immobilization and a | 16 | | right to a
hearing to challenge the validity of the notice | 17 | | by disproving liability
for the incomplete traffic | 18 | | education programs or unpaid final determinations of | 19 | | parking, standing, compliance, automated speed enforcement | 20 | | system, or automated traffic law
violation liability, or | 21 | | both, listed
on the notice.
| 22 | | (3) The right to a prompt hearing after a vehicle has | 23 | | been immobilized
or subsequently towed without the | 24 | | completion of the required traffic education program or | 25 | | payment of the outstanding fines and
penalties on parking, | 26 | | standing, compliance, automated speed enforcement system, |
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| 1 | | or automated traffic law violations, or both, for which | 2 | | final
determinations have been
issued. An order issued | 3 | | after the hearing is a final administrative
decision within | 4 | | the meaning of Section 3-101 of the Code of Civil | 5 | | Procedure.
| 6 | | (4) A post immobilization and post-towing notice | 7 | | advising the registered
owner of the vehicle of the right | 8 | | to a hearing to challenge the validity
of the impoundment.
| 9 | | (d) Judicial review of final determinations of parking, | 10 | | standing,
compliance, automated speed enforcement system, or | 11 | | automated traffic law
violations and final administrative | 12 | | decisions issued after hearings
regarding vehicle | 13 | | immobilization and impoundment made
under this Section shall be | 14 | | subject to the provisions of
the Administrative Review Law.
| 15 | | (e) Any fine, penalty, incomplete traffic education | 16 | | program, or part of any fine or any penalty remaining
unpaid | 17 | | after the exhaustion of, or the failure to exhaust, | 18 | | administrative
remedies created under this Section and the | 19 | | conclusion of any judicial
review procedures shall be a debt | 20 | | due and owing the municipality or county and, as
such, may be | 21 | | collected in accordance with applicable law. Completion of any | 22 | | required traffic education program and payment in full
of any | 23 | | fine or penalty resulting from a standing, parking,
compliance, | 24 | | automated speed enforcement system, or automated traffic law | 25 | | violation shall
constitute a final disposition of that | 26 | | violation.
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| 1 | | (f) After the expiration of the period within which | 2 | | judicial review may
be sought for a final determination of | 3 | | parking, standing, compliance, automated speed enforcement | 4 | | system, or automated traffic law
violation, the municipality
or | 5 | | county may commence a proceeding in the Circuit Court for | 6 | | purposes of obtaining a
judgment on the final determination of | 7 | | violation. Nothing in this
Section shall prevent a municipality | 8 | | or county from consolidating multiple final
determinations of | 9 | | parking, standing, compliance, automated speed enforcement | 10 | | system, or automated traffic law violations against a
person in | 11 | | a proceeding.
Upon commencement of the action, the municipality | 12 | | or county shall file a certified
copy or record of the final | 13 | | determination of parking, standing, compliance, automated | 14 | | speed enforcement system, or automated traffic law
violation, | 15 | | which shall be
accompanied by a certification that recites | 16 | | facts sufficient to show that
the final determination of | 17 | | violation was
issued in accordance with this Section and the | 18 | | applicable municipal
or county ordinance. Service of the | 19 | | summons and a copy of the petition may be by
any method | 20 | | provided by Section 2-203 of the Code of Civil Procedure or by
| 21 | | certified mail, return receipt requested, provided that the | 22 | | total amount of
fines and penalties for final determinations of | 23 | | parking, standing,
compliance, automated speed enforcement | 24 | | system, or automated traffic law violations does not
exceed | 25 | | $2500. If the court is satisfied that the final determination | 26 | | of
parking, standing, compliance, automated speed enforcement |
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| 1 | | system, or automated traffic law violation was entered in | 2 | | accordance with
the requirements of
this Section and the | 3 | | applicable municipal or county ordinance, and that the | 4 | | registered
owner or the lessee, as the case may be, had an | 5 | | opportunity for an
administrative hearing and for judicial | 6 | | review as provided in this Section,
the court shall render | 7 | | judgment in favor of the municipality or county and against
the | 8 | | registered owner or the lessee for the amount indicated in the | 9 | | final
determination of parking, standing, compliance, | 10 | | automated speed enforcement system, or automated traffic law | 11 | | violation, plus costs.
The judgment shall have
the same effect | 12 | | and may be enforced in the same manner as other judgments
for | 13 | | the recovery of money.
| 14 | | (g) The fee for participating in a traffic education | 15 | | program under this Section shall not exceed $25. | 16 | | A low-income individual required to complete a traffic | 17 | | education program under this Section who provides proof of | 18 | | eligibility for the federal earned income tax credit under | 19 | | Section 32 of the Internal Revenue Code or the Illinois earned | 20 | | income tax credit under Section 212 of the Illinois Income Tax | 21 | | Act shall not be required to pay any fee for participating in a | 22 | | required traffic education program. | 23 | | (Source: P.A. 96-288, eff. 8-11-09; 96-478, eff. 1-1-10; | 24 | | 96-1000, eff. 7-2-10; 96-1016, eff. 1-1-11; 96-1386, eff. | 25 | | 7-29-10; 97-29, eff. 1-1-12; 97-333, eff. 8-12-11.)
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| 1 | | (625 ILCS 5/11-208.6)
| 2 | | Sec. 11-208.6. Automated traffic law enforcement system.
| 3 | | (a) As used in this Section, "automated traffic law | 4 | | enforcement
system" means a device with one or more motor | 5 | | vehicle sensors working
in conjunction with a red light signal | 6 | | to produce recorded images of
motor vehicles entering an | 7 | | intersection against a red signal
indication in violation of | 8 | | Section 11-306 of this Code or a similar provision
of a local | 9 | | ordinance.
| 10 | | An
automated traffic law enforcement system is a system, in | 11 | | a municipality or
county operated by a
governmental agency, | 12 | | that
produces a recorded image of a motor vehicle's
violation | 13 | | of a provision of this Code or a local ordinance
and is | 14 | | designed to obtain a clear recorded image of the
vehicle and | 15 | | the vehicle's license plate. The recorded image must also
| 16 | | display the time, date, and location of the violation.
| 17 | | (b) As used in this Section, "recorded images" means images
| 18 | | recorded by an automated traffic law enforcement system on:
| 19 | | (1) 2 or more photographs;
| 20 | | (2) 2 or more microphotographs;
| 21 | | (3) 2 or more electronic images; or
| 22 | | (4) a video recording showing the motor vehicle and, on | 23 | | at
least one image or portion of the recording, clearly | 24 | | identifying the
registration plate number of the motor | 25 | | vehicle.
| 26 | | (b-5) A municipality or
county that
produces a recorded |
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| 1 | | image of a motor vehicle's
violation of a provision of this | 2 | | Code or a local ordinance must make the recorded images of a | 3 | | violation accessible to the alleged violator by providing the | 4 | | alleged violator with a website address, accessible through the | 5 | | Internet. | 6 | | (c) Except as provided under Section 11-208.8 of this Code, | 7 | | a A county or municipality, including a home rule county or | 8 | | municipality, may not use an automated traffic law enforcement | 9 | | system to provide recorded images of a motor vehicle for the | 10 | | purpose of recording its speed. Except as provided under | 11 | | Section 11-208.8 of this Code, the The regulation of the use of | 12 | | automated traffic law enforcement systems to record vehicle | 13 | | speeds is an exclusive power and function of the State. This | 14 | | subsection (c) is a denial and limitation of home rule powers | 15 | | and functions under subsection (h) of Section 6 of Article VII | 16 | | of the Illinois Constitution.
| 17 | | (c-5) A county or municipality, including a home rule | 18 | | county or municipality, may not use an automated traffic law | 19 | | enforcement system to issue violations in instances where the | 20 | | motor vehicle comes to a complete stop and does not enter the | 21 | | intersection, as defined by Section 1-132 of this Code, during | 22 | | the cycle of the red signal indication unless one or more | 23 | | pedestrians or bicyclists are present, even if the motor | 24 | | vehicle stops at a point past a stop line or crosswalk where a | 25 | | driver is required to stop, as specified in subsection (c) of | 26 | | Section 11-306 of this Code or a similar provision of a local |
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| 1 | | ordinance. | 2 | | (d) For each violation of a provision of this Code or a | 3 | | local ordinance
recorded by an automatic
traffic law | 4 | | enforcement system, the county or municipality having
| 5 | | jurisdiction shall issue a written notice of the
violation to | 6 | | the registered owner of the vehicle as the alleged
violator. | 7 | | The notice shall be delivered to the registered
owner of the | 8 | | vehicle, by mail, within 30 days after the Secretary of State | 9 | | notifies the municipality or county of the identity of the | 10 | | owner of the vehicle, but in no event later than 90 days after | 11 | | the violation.
| 12 | | The notice shall include:
| 13 | | (1) the name and address of the registered owner of the
| 14 | | vehicle;
| 15 | | (2) the registration number of the motor vehicle
| 16 | | involved in the violation;
| 17 | | (3) the violation charged;
| 18 | | (4) the location where the violation occurred;
| 19 | | (5) the date and time of the violation;
| 20 | | (6) a copy of the recorded images;
| 21 | | (7) the amount of the civil penalty imposed and the | 22 | | requirements of any traffic education program imposed and | 23 | | the date
by which the civil penalty should be paid and the | 24 | | traffic education program should be completed;
| 25 | | (8) a statement that recorded images are evidence of a
| 26 | | violation of a red light signal;
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| 1 | | (9) a warning that failure to pay the civil penalty, to | 2 | | complete a required traffic education program, or to
| 3 | | contest liability in a timely manner is an admission of
| 4 | | liability and may result in a suspension of the driving
| 5 | | privileges of the registered owner of the vehicle;
| 6 | | (10) a statement that the person may elect to proceed | 7 | | by:
| 8 | | (A) paying the fine, completing a required traffic | 9 | | education program, or both; or
| 10 | | (B) challenging the charge in court, by mail, or by | 11 | | administrative hearing; and
| 12 | | (11) a website address, accessible through the | 13 | | Internet, where the person may view the recorded images of | 14 | | the violation. | 15 | | (e) If a person
charged with a traffic violation, as a | 16 | | result of an automated traffic law
enforcement system, does not | 17 | | pay the fine or complete a required traffic education program, | 18 | | or both, or successfully contest the civil
penalty resulting | 19 | | from that violation, the Secretary of State shall suspend the
| 20 | | driving privileges of the
registered owner of the vehicle under | 21 | | Section 6-306.5 of this Code for failing
to complete a required | 22 | | traffic education program or to pay any fine or penalty
due and | 23 | | owing, or both, as a result of a combination of 5 violations of | 24 | | the automated traffic law
enforcement system or the automated | 25 | | speed enforcement system under Section 11-208.8 of this Code .
| 26 | | (f) Based on inspection of recorded images produced by an
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| 1 | | automated traffic law enforcement system, a notice alleging | 2 | | that the violation occurred shall be evidence of the facts | 3 | | contained
in the notice and admissible in any proceeding | 4 | | alleging a
violation under this Section.
| 5 | | (g) Recorded images made by an automatic traffic law
| 6 | | enforcement system are confidential and shall be made
available | 7 | | only to the alleged violator and governmental and
law | 8 | | enforcement agencies for purposes of adjudicating a
violation | 9 | | of this Section, for statistical purposes, or for other | 10 | | governmental purposes. Any recorded image evidencing a
| 11 | | violation of this Section, however, may be admissible in
any | 12 | | proceeding resulting from the issuance of the citation.
| 13 | | (h) The court or hearing officer may consider in defense of | 14 | | a violation:
| 15 | | (1) that the motor vehicle or registration plates of | 16 | | the motor
vehicle were stolen before the violation occurred | 17 | | and not
under the control of or in the possession of the | 18 | | owner at
the time of the violation;
| 19 | | (2) that the driver of the vehicle passed through the
| 20 | | intersection when the light was red either (i) in order to
| 21 | | yield the right-of-way to an emergency vehicle or (ii) as
| 22 | | part of a funeral procession; and
| 23 | | (3) any other evidence or issues provided by municipal | 24 | | or county ordinance.
| 25 | | (i) To demonstrate that the motor vehicle or the | 26 | | registration
plates were stolen before the violation occurred |
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| 1 | | and were not under the
control or possession of the owner at | 2 | | the time of the violation, the
owner must submit proof that a | 3 | | report concerning the stolen
motor vehicle or registration | 4 | | plates was filed with a law enforcement agency in a timely | 5 | | manner.
| 6 | | (j) Unless the driver of the motor vehicle received a | 7 | | Uniform
Traffic Citation from a police officer at the time of | 8 | | the violation,
the motor vehicle owner is subject to a civil | 9 | | penalty not exceeding
$100 or the completion of a traffic | 10 | | education program, or both, plus an additional penalty of not | 11 | | more than $100 for failure to pay the original penalty or to | 12 | | complete a required traffic education program, or both, in a | 13 | | timely manner, if the motor vehicle is recorded by an automated | 14 | | traffic law
enforcement system. A violation for which a civil | 15 | | penalty is imposed
under this Section is not a violation of a | 16 | | traffic regulation governing
the movement of vehicles and may | 17 | | not be recorded on the driving record
of the owner of the | 18 | | vehicle.
| 19 | | (j-3) A registered owner who is a holder of a valid | 20 | | commercial driver's license is not required to complete a | 21 | | traffic education program. | 22 | | (j-5) For purposes of the required traffic education | 23 | | program only, a registered owner may submit an affidavit to the | 24 | | court or hearing officer swearing that at the time of the | 25 | | alleged violation, the vehicle was in the custody and control | 26 | | of another person. The affidavit must identify the person in |
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| 1 | | custody and control of the vehicle, including the person's name | 2 | | and current address. The person in custody and control of the | 3 | | vehicle at the time of the violation is required to complete | 4 | | the required traffic education program. If the person in | 5 | | custody and control of the vehicle at the time of the violation | 6 | | completes the required traffic education program, the | 7 | | registered owner of the vehicle is not required to complete a | 8 | | traffic education program. | 9 | | (k) An intersection equipped with an automated traffic law
| 10 | | enforcement system must be posted with a sign visible to | 11 | | approaching traffic
indicating that the intersection is being | 12 | | monitored by an automated
traffic law enforcement system. | 13 | | (k-3) A municipality or
county that has one or more | 14 | | intersections equipped with an automated traffic law
| 15 | | enforcement system must provide notice to drivers by posting | 16 | | the locations of automated traffic law systems on the | 17 | | municipality or county website.
| 18 | | (k-5) An intersection equipped with an automated traffic | 19 | | law
enforcement system must have a yellow change interval that | 20 | | conforms with the Illinois Manual on Uniform Traffic Control | 21 | | Devices (IMUTCD) published by the Illinois Department of | 22 | | Transportation. | 23 | | (k-7) A municipality or county operating an automated | 24 | | traffic law enforcement system shall conduct a statistical | 25 | | analysis to assess the safety impact of each automated traffic | 26 | | law enforcement system at an intersection following |
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| 1 | | installation of the system. The statistical analysis shall be | 2 | | based upon the best available crash, traffic, and other data, | 3 | | and shall cover a period of time before and after installation | 4 | | of the system sufficient to provide a statistically valid | 5 | | comparison of safety impact. The statistical analysis shall be | 6 | | consistent with professional judgment and acceptable industry | 7 | | practice. The statistical analysis also shall be consistent | 8 | | with the data required for valid comparisons of before and | 9 | | after conditions and shall be conducted within a reasonable | 10 | | period following the installation of the automated traffic law | 11 | | enforcement system. The statistical analysis required by this | 12 | | subsection (k-7) shall be made available to the public and | 13 | | shall be published on the website of the municipality or | 14 | | county. If the statistical analysis for the 36 month period | 15 | | following installation of the system indicates that there has | 16 | | been an increase in the rate of accidents at the approach to | 17 | | the intersection monitored by the system, the municipality or | 18 | | county shall undertake additional studies to determine the | 19 | | cause and severity of the accidents, and may take any action | 20 | | that it determines is necessary or appropriate to reduce the | 21 | | number or severity of the accidents at that intersection. | 22 | | (l) The compensation paid for an automated traffic law | 23 | | enforcement system
must be based on the value of the equipment | 24 | | or the services provided and may
not be based on the number of | 25 | | traffic citations issued or the revenue generated
by the | 26 | | system.
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| 1 | | (m) This Section applies only to the counties of Cook, | 2 | | DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and | 3 | | to municipalities located within those counties.
| 4 | | (n) The fee for participating in a traffic education | 5 | | program under this Section shall not exceed $25. | 6 | | A low-income individual required to complete a traffic | 7 | | education program under this Section who provides proof of | 8 | | eligibility for the federal earned income tax credit under | 9 | | Section 32 of the Internal Revenue Code or the Illinois earned | 10 | | income tax credit under Section 212 of the Illinois Income Tax | 11 | | Act shall not be required to pay any fee for participating in a | 12 | | required traffic education program. | 13 | | (o) A municipality or county shall make a certified report | 14 | | to the Secretary of State pursuant to Section 6-306.5 of this | 15 | | Code whenever a registered owner of a vehicle has failed to pay | 16 | | any
fine or penalty due and owing as a result of a combination | 17 | | of 5 offenses for automated traffic
law or speed enforcement | 18 | | system violations. | 19 | | (p) No person who is the lessor of a motor vehicle pursuant | 20 | | to a written lease agreement shall be liable for an automated | 21 | | speed or traffic law enforcement system violation involving | 22 | | such motor vehicle during the period of the lease; provided | 23 | | that upon the request of the appropriate authority received | 24 | | within 120 days after the violation occurred, the lessor | 25 | | provides within 60 days after such receipt the name and address | 26 | | of the lessee. The drivers license number of a lessee may be |
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| 1 | | subsequently individually requested by the appropriate | 2 | | authority if needed for enforcement of this Section. | 3 | | Upon the provision of information by the lessor pursuant to | 4 | | this subsection, the county or municipality may issue the | 5 | | violation to the lessee of the vehicle in the same manner as it | 6 | | would issue a violation to a registered owner of a vehicle | 7 | | pursuant to this Section, and the lessee may be held liable for | 8 | | the violation. | 9 | | (Source: P.A. 96-288, eff. 8-11-09; 96-1016, eff. 1-1-11; | 10 | | 97-29, eff. 1-1-12.) | 11 | | (625 ILCS 5/11-208.8 new) | 12 | | Sec. 11-208.8. Automated speed enforcement systems in | 13 | | safety zones. | 14 | | (a) As used in this Section: | 15 | | "Automated speed enforcement
system" means a photographic | 16 | | device, radar device, laser device, or other electrical or | 17 | | mechanical device or devices installed or utilized in a safety | 18 | | zone and designed to record the speed of a vehicle and obtain a | 19 | | clear photograph or other recorded image of the vehicle and the | 20 | | vehicle's registration plate while the driver is violating | 21 | | Article VI of Chapter 11 of this Code or a similar provision of | 22 | | a local ordinance. | 23 | | An automated speed enforcement system is a system, located | 24 | | in a safety zone which is under the jurisdiction of a | 25 | | municipality, that produces a recorded image of a motor |
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| 1 | | vehicle's violation of a provision of this Code or a local | 2 | | ordinance and is designed to obtain a clear recorded image of | 3 | | the vehicle and the vehicle's license plate. The recorded image | 4 | | must also display the time, date, and location of the | 5 | | violation. | 6 | | "Owner" means the person or entity to whom the vehicle is | 7 | | registered. | 8 | | "Recorded image" means images
recorded by an automated | 9 | | speed enforcement system on: | 10 | | (1) 2 or more photographs; | 11 | | (2) 2 or more microphotographs; | 12 | | (3) 2 or more electronic images; or | 13 | | (4) a video recording showing the motor vehicle and, on | 14 | | at
least one image or portion of the recording, clearly | 15 | | identifying the
registration plate number of the motor | 16 | | vehicle. | 17 | | "Safety zone" means an area that is within one-eighth of a | 18 | | mile from the nearest property line of any public or private | 19 | | elementary or secondary school, or from the nearest property | 20 | | line of any facility, area, or land owned by a school district | 21 | | that is used for educational purposes approved by the Illinois | 22 | | State Board of Education, not including school district | 23 | | headquarters or administrative buildings. A safety zone also | 24 | | includes an area that is within one-eighth of a mile from the | 25 | | nearest property line of any facility, area, or land owned by a | 26 | | park district used for recreational purposes. However, if any |
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| 1 | | portion of a roadway is within either one-eighth mile radius, | 2 | | the safety zone also shall include the roadway extended to the | 3 | | furthest portion of the next furthest intersection. The term | 4 | | "safety zone" does not include any portion of the roadway known | 5 | | as Lake Shore Drive or any controlled access highway with 8 or | 6 | | more lanes of traffic. | 7 | | (a-5) The automated speed enforcement system shall be | 8 | | operational and violations shall be recorded only at the | 9 | | following times: | 10 | | (i) if the safety zone is based upon the property line | 11 | | of any facility, area, or land owned by a school district, | 12 | | on school days no earlier than 6 a.m. and no later than 10 | 13 | | p.m.; and | 14 | | (ii) if the safety zone is based upon the property line | 15 | | of any facility, area, or land owned by a park district, no | 16 | | earlier than one hour prior to the time that the facility, | 17 | | area, or land is open to the public or other patrons, and | 18 | | no later than one hour after the facility, area, or land is | 19 | | closed to the public or other patrons. | 20 | | (b) A municipality that
produces a recorded image of a | 21 | | motor vehicle's
violation of a provision of this Code or a | 22 | | local ordinance must make the recorded images of a violation | 23 | | accessible to the alleged violator by providing the alleged | 24 | | violator with a website address, accessible through the | 25 | | Internet. | 26 | | (c) Notwithstanding any penalties for any other violations |
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| 1 | | of this Code, the owner of a motor vehicle used in a traffic | 2 | | violation recorded by an automated speed enforcement system | 3 | | shall be subject to a civil penalty not exceeding $100 for each | 4 | | violation, plus an additional penalty of not more than $100 for | 5 | | failure to pay the original penalty in a timely manner, unless | 6 | | the driver of the motor vehicle received a Uniform Traffic | 7 | | Citation from a police officer for a speeding violation | 8 | | occurring within one-eighth of a mile and 15 minutes of the | 9 | | violation that was recorded by the system. A violation for | 10 | | which a civil penalty is imposed
under this Section is not a | 11 | | violation of a traffic regulation governing
the movement of | 12 | | vehicles and may not be recorded on the driving record
of the | 13 | | owner of the vehicle. A law enforcement officer is not required | 14 | | to be present or to witness the violation. No penalty may be | 15 | | imposed under this Section if the recorded speed of a vehicle | 16 | | is 5 miles per hour or less over the legal speed limit. The | 17 | | municipality may send, in the same manner that notices are sent | 18 | | under this Section, a speed violation warning notice where the | 19 | | violation involves a speed of 5 miles per hour or less above | 20 | | the legal speed limit. | 21 | | (d) The net proceeds that a municipality receives from | 22 | | civil penalties imposed under an automated speed enforcement | 23 | | system, after deducting all non-personnel and personnel costs | 24 | | associated with the operation and maintenance of such system, | 25 | | shall be expended or obligated by the municipality for the | 26 | | following purposes: |
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| 1 | | (i) public safety initiatives to ensure safe passage | 2 | | around schools, and to provide police protection and | 3 | | surveillance around schools and parks, including but not | 4 | | limited to:
(1) personnel costs; and
(2) non-personnel | 5 | | costs such as construction and maintenance of public safety | 6 | | infrastructure and equipment; | 7 | | (ii) initiatives to improve pedestrian and traffic | 8 | | safety; and | 9 | | (iii) construction and maintenance of infrastructure | 10 | | within the municipality, including but not limited to roads | 11 | | and bridges. | 12 | | (e) For each violation of a provision of this Code or a | 13 | | local ordinance
recorded by an automated speed enforcement | 14 | | system, the municipality having
jurisdiction shall issue a | 15 | | written notice of the
violation to the registered owner of the | 16 | | vehicle as the alleged
violator. The notice shall be delivered | 17 | | to the registered
owner of the vehicle, by mail, within 30 days | 18 | | after the Secretary of State notifies the municipality of the | 19 | | identity of the owner of the vehicle, but in no event later | 20 | | than 90 days after the violation. | 21 | | (f) The notice required under subsection (e) of this | 22 | | Section shall include: | 23 | | (1) the name and address of the registered owner of the
| 24 | | vehicle; | 25 | | (2) the registration number of the motor vehicle
| 26 | | involved in the violation; |
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| 1 | | (3) the violation charged; | 2 | | (4) the date, time, and location where the violation | 3 | | occurred; | 4 | | (5) a copy of the recorded image or images; | 5 | | (6) the amount of the civil penalty imposed and the | 6 | | date
by which the civil penalty should be paid; | 7 | | (7) a statement that recorded images are evidence of a
| 8 | | violation of a speed restriction; | 9 | | (8) a warning that failure to pay the civil penalty or | 10 | | to
contest liability in a timely manner is an admission of
| 11 | | liability and may result in a suspension of the driving
| 12 | | privileges of the registered owner of the vehicle; | 13 | | (9) a statement that the person may elect to proceed | 14 | | by: | 15 | | (A) paying the fine; or | 16 | | (B) challenging the charge in court, by mail, or by | 17 | | administrative hearing; and | 18 | | (10) a website address, accessible through the
| 19 | | Internet, where the person may view the recorded images of | 20 | | the violation. | 21 | | (g) If a person
charged with a traffic violation, as a | 22 | | result of an automated speed enforcement system, does not pay | 23 | | the fine or successfully contest the civil
penalty resulting | 24 | | from that violation, the Secretary of State shall suspend the
| 25 | | driving privileges of the
registered owner of the vehicle under | 26 | | Section 6-306.5 of this Code for failing
to pay any fine or |
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| 1 | | penalty
due and owing, or both, as a result of a combination of | 2 | | 5 violations of the automated speed enforcement system or the | 3 | | automated traffic law under Section 11-208.6 of this Code. | 4 | | (h) Based on inspection of recorded images produced by an
| 5 | | automated speed enforcement system, a notice alleging that the | 6 | | violation occurred shall be evidence of the facts contained
in | 7 | | the notice and admissible in any proceeding alleging a
| 8 | | violation under this Section. | 9 | | (i) Recorded images made by an automated speed
enforcement | 10 | | system are confidential and shall be made
available only to the | 11 | | alleged violator and governmental and
law enforcement agencies | 12 | | for purposes of adjudicating a
violation of this Section, for | 13 | | statistical purposes, or for other governmental purposes. Any | 14 | | recorded image evidencing a
violation of this Section, however, | 15 | | may be admissible in
any proceeding resulting from the issuance | 16 | | of the citation. | 17 | | (j) The court or hearing officer may consider in defense of | 18 | | a violation: | 19 | | (1) that the motor vehicle or registration plates of | 20 | | the motor
vehicle were stolen before the violation occurred | 21 | | and not
under the control or in the possession of the owner | 22 | | at
the time of the violation; | 23 | | (2) that the driver of the motor vehicle received a | 24 | | Uniform Traffic Citation from a police officer for a | 25 | | speeding violation occurring within one-eighth of a mile | 26 | | and 15 minutes of the violation that was recorded by the |
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| 1 | | system; and | 2 | | (3) any other evidence or issues provided by municipal | 3 | | ordinance. | 4 | | (k) To demonstrate that the motor vehicle or the | 5 | | registration
plates were stolen before the violation occurred | 6 | | and were not under the
control or possession of the owner at | 7 | | the time of the violation, the
owner must submit proof that a | 8 | | report concerning the stolen
motor vehicle or registration | 9 | | plates was filed with a law enforcement agency in a timely | 10 | | manner. | 11 | | (l) A roadway equipped with an automated speed enforcement | 12 | | system shall be posted with a sign conforming to the national | 13 | | Manual on Uniform Traffic Control Devices that is visible to | 14 | | approaching traffic stating that vehicle speeds are being | 15 | | photo-enforced and indicating the speed limit. The | 16 | | municipality shall install such additional signage as it | 17 | | determines is necessary to give reasonable notice to drivers as | 18 | | to where automated speed enforcement systems are installed. | 19 | | (m) A roadway where a new automated speed enforcement | 20 | | system is installed shall be posted with signs providing 30 | 21 | | days notice of the use of a new automated speed enforcement | 22 | | system prior to the issuance of any citations through the | 23 | | automated speed enforcement system. | 24 | | (n) The compensation paid for an automated speed | 25 | | enforcement system
must be based on the value of the equipment | 26 | | or the services provided and may
not be based on the number of |
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| 1 | | traffic citations issued or the revenue generated
by the | 2 | | system. | 3 | | (o) A municipality shall make a certified report to the | 4 | | Secretary of State pursuant to Section 6-306.5 of this Code | 5 | | whenever a registered owner of a vehicle has failed to pay any
| 6 | | fine or penalty due and owing as a result of a combination of 5 | 7 | | offenses for automated speed or traffic law enforcement system | 8 | | violations. | 9 | | (p) No person who is the lessor of a motor vehicle pursuant | 10 | | to a written lease agreement shall be liable for an automated | 11 | | speed or traffic law enforcement system violation involving | 12 | | such motor vehicle during the period of the lease; provided | 13 | | that upon the request of the appropriate authority received | 14 | | within 120 days after the violation occurred, the lessor | 15 | | provides within 60 days after such receipt the name and address | 16 | | of the lessee. The drivers license number of a lessee may be | 17 | | subsequently individually requested by the appropriate | 18 | | authority if needed for enforcement of this Section. | 19 | | Upon the provision of information by the lessor pursuant to | 20 | | this subsection, the municipality may issue the violation to | 21 | | the lessee of the vehicle in the same manner as it would issue | 22 | | a violation to a registered owner of a vehicle pursuant to this | 23 | | Section, and the lessee may be held liable for the violation. | 24 | | (q) A municipality using an automated speed enforcement | 25 | | system must provide notice to drivers by publishing the | 26 | | locations of all safety zones where system equipment is |
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| 1 | | installed on the website of the municipality. | 2 | | (r) A municipality operating an automated speed | 3 | | enforcement system shall conduct a statistical analysis to | 4 | | assess the safety impact of the system. The statistical | 5 | | analysis shall be based upon the best available crash, traffic, | 6 | | and other data, and shall cover a period of time before and | 7 | | after installation of the system sufficient to provide a | 8 | | statistically valid comparison of safety impact. The | 9 | | statistical analysis shall be consistent with professional | 10 | | judgment and acceptable industry practice. The statistical | 11 | | analysis also shall be consistent with the data required for | 12 | | valid comparisons of before and after conditions and shall be | 13 | | conducted within a reasonable period following the | 14 | | installation of the automated traffic law enforcement system. | 15 | | The statistical analysis required by this subsection shall be | 16 | | made available to the public and shall be published on the | 17 | | website of the municipality. | 18 | | (s) This Section applies only to municipalities with a | 19 | | population of 1,000,000 or more inhabitants. | 20 | | (625 ILCS 5/11-612)
| 21 | | Sec. 11-612. Certain systems to record vehicle speeds | 22 | | prohibited. Except as authorized in the Automated Traffic | 23 | | Control Systems in Highway Construction or Maintenance Zones | 24 | | Act and Section 11-208.8 of this Code , no photographic, video, | 25 | | or other imaging system may be used in this State to record |
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| 1 | | vehicle speeds for the purpose of enforcing any law or | 2 | | ordinance regarding a maximum or minimum speed limit unless a | 3 | | law enforcement officer is present at the scene and witnesses | 4 | | the event. No State or local governmental entity, including a | 5 | | home rule county or municipality, may use such a system in a | 6 | | way that is prohibited by this Section. The regulation of the | 7 | | use of such systems is an exclusive power and function of the | 8 | | State. This Section is a denial and limitation of home rule | 9 | | powers and functions under subsection (h) of Section 6 of | 10 | | Article VII of the Illinois Constitution.
| 11 | | (Source: P.A. 94-771, eff. 1-1-07; 94-795, eff. 5-22-06; | 12 | | 94-814, eff. 1-1-07.)
| 13 | | (625 ILCS 5/12-610.5)
| 14 | | Sec. 12-610.5. Registration plate covers.
| 15 | | (a) In this Section, "registration plate cover" means any | 16 | | tinted, colored, painted, marked, clear, or illuminated object | 17 | | that is designed to: | 18 | | (1) cover any of the characters of a motor vehicle's | 19 | | registration plate; or | 20 | | (2) distort a recorded image of any of the characters | 21 | | of a motor vehicle's registration plate recorded by an | 22 | | automated traffic law
enforcement system as defined in | 23 | | Section 11-208.6
of this Code or an automated speed | 24 | | enforcement system as defined in Section 11-208.8 of this | 25 | | Code, or recorded by an automated traffic control system as |
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| 1 | | defined in Section 15 of the Automated Traffic Control | 2 | | Systems in Highway Construction or Maintenance Zones Act.
| 3 | | (b) It shall be unlawful to operate any motor vehicle that | 4 | | is equipped with
registration plate covers. | 5 | | (c) A person may not sell or offer for sale a registration | 6 | | plate cover. | 7 | | (d) A person may not advertise for the purpose of promoting | 8 | | the sale of registration plate covers.
| 9 | | (e) A violation of this Section or a similar provision of a | 10 | | local ordinance
shall be an offense against laws and ordinances | 11 | | regulating the movement of
traffic.
| 12 | | (Source: P.A. 96-328, eff. 8-11-09.)
| 13 | | Section 97. Severability. The provisions of this Act are | 14 | | severable under Section 1.31 of the Statute on Statutes.
| 15 | | Section 99. Effective date. This Act takes effect July 1, | 16 | | 2012. |
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