625 ILCS 5/18d-157

(625 ILCS 5/18d-157)

(This Section may contain text from a Public Act with a delayed effective date)

Sec. 18d-157. Vehicle impoundment.

(a) The Commission police may seize and impound a tow truck by authorizing the towing and storage of the tow truck where the officer has probable cause to believe that:

(1) the tow truck is being used, or was used, to remove a damaged or disabled vehicle from public or private property while the owner or operator of the tow truck does not hold a valid, current safety relocator's registration certificate issued by the Commission; or

(2) the registered owner of the tow truck owes past due fines, civil penalties, or fees to the Commission.

(b) At the time the vehicle is towed, the officer ordering the tow shall provide to the person in control of the tow truck a copy of the vehicle impoundment report.

The Commission shall mail a notice of impoundment to all registered owners and lienholders within 2 business days after the date the vehicle was impounded if the vehicle is registered in this State. If the vehicle is registered in a jurisdiction other than this State, the Commission shall request owner and lienholder information from the appropriate agency within 2 business days after the date the vehicle was impounded and shall mail a notice of impoundment to all registered owners and lienholders within 2 business days after receiving the information.

Notices shall be mailed by certified mail, return receipt requested, to the addresses on file with the Secretary of State, or in the case of a foreign-registered vehicle, to the addresses on file with the State where the vehicle is registered.

At minimum, the notice of impoundment shall contain:

(1) in bold typeface, a heading with the words "Notice of Impoundment";

(2) a description of the impounded tow truck;

(3) the reason for impoundment;

(4) the location where the impounded tow truck is being stored;

(5) the potential fines, civil penalties, and fees that must be satisfied to reclaim the tow truck;

(6) procedures to request a hearing before the Commission; and

(7) a notice that if the tow truck remains unclaimed, it may be sold or disposed of in accordance with applicable law.

(c) Before a vehicle impounded under this Section may be released, the owner or lienholder must obtain a release from the Commission and pay all storage and towing fees to the towing service.

To obtain a release from the Commission, the owner or lienholder shall furnish to the Commission proof of ownership, such as title, vehicle registration, or bill of sale, or right to possession of the vehicle and valid identification, and:

(1) pay the $1,000 administrative fine plus any fines for concurrent violations, and pay all other fines, civil penalties, and fees owed to the Commission. Such payment shall constitute an admission of liability and a waiver of the right to a hearing;

(2) post a bond in the amount of the $1,000 administrative fine plus any fines for concurrent violations, which bond shall be held by the Commission; pay all other unpaid fines, civil penalties, and fees owed to the Commission; and request a hearing to contest the impoundment; or

(3) request a hearing. A release shall not be issued under this subparagraph until ordered by the Commission after the conclusion of the hearing and any fines, civil penalties or fees ordered have been paid.

Fines and civil penalties and posting of bond may be paid by certified or cashier's check or money order.

(d) A request for hearing shall, unless otherwise provided for by the Commission, be mailed to the Commission within 15 calendar days after the mailing date of the notice of impoundment.

The Commission shall conduct a hearing within 10 business days after receipt of a request for hearing.

The Commission shall determine, by a preponderance of the evidence, whether the vehicle should be released without payment of the administrative fine and any fines for concurrent violations. The failure of the owner of record to appear at the hearing or to request a continuance in a timely manner shall be deemed a waiver of the right to a hearing, and a default order in favor of the Commission may be entered.

If, after the hearing, the Commission determines that the vehicle should be released without payment of the administrative fine and any fines for concurrent violations, any bond posted shall be refunded.

If, after the hearing, the Commission determines that the vehicle should not be released without payment of the administrative fine and any fines for concurrent violations, the bond shall be forfeited to the Commission in the amount of the fines, civil penalties, and fees owed, and any surplus shall be refunded.

Fines, civil penalties, and fees imposed pursuant to this Chapter shall constitute a debt owed to the Commission, which may be enforced in any manner provided for by law. Any cash bond posted pursuant to this Section shall be applied to the fines, civil penalties, and fees owed.

(e) Except as otherwise provided in this Section, a vehicle shall continue to be impounded until:

(1) the vehicle has been reclaimed pursuant to subsection (d); or

(2) the vehicle or equipment is deemed unclaimed.

(f) Any vehicle not reclaimed within 10 working days after the expiration of the time during which the owner of record may seek judicial review of the Commission's action, or within 10 working days after a final judgment in favor of the Commission, may be disposed of as an unclaimed vehicle in accordance with Sections 4-208 and 4-209.

(Source: P.A. 104-133, eff. 1-1-26.)