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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
VEHICLES (625 ILCS 5/) Illinois Vehicle Code. 625 ILCS 5/9-109
(625 ILCS 5/9-109) (from Ch. 95 1/2, par. 9-109)
Sec. 9-109. Secretary of State to cancel certificate and to suspend
license plates and registration stickers when bond or policy cancelled or
withdrawn.
(a) If any insurance policy or bond filed hereunder shall for any
reason become inoperative, the Secretary of State shall forthwith cancel
the certificate of compliance of the owner and it shall be unlawful for the
owner to rent out the motor vehicle, covered by said certificate, until a
policy or bond meeting the requirements of this Act is filed with the
Secretary of State and a certificate has been issued by him as provided by
Section 9-108.
(b) The Secretary of State shall also suspend the registration
certificate, license plates or digital license plates, and registration sticker or stickers or digital registration sticker or stickers of
the owner, with respect to the motor vehicle for which the insurance policy
or bond had been issued, and said registration certificates, license plates or digital license plates,
and registration sticker or stickers or digital registration sticker or stickers shall remain suspended and no
registration shall be permitted or renewed unless and until the owner of
said motor vehicle shall have complied with the provisions of this Act.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/9-110
(625 ILCS 5/9-110) (from Ch. 95 1/2, par. 9-110)
Sec. 9-110.
Penalties for violations of this Act.
Any person who fails to comply with the provisions of this Chapter, or
who fails to obey, observe or comply with any order of the Secretary of
State, in accordance with the provisions of this Chapter, is guilty of a
Class A misdemeanor.
(Source: P.A. 77-2720.)
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625 ILCS 5/Ch. 10
(625 ILCS 5/Ch. 10 heading)
CHAPTER 10.
CIVIL LIABILITY
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625 ILCS 5/Ch. 10 Art. I
(625 ILCS 5/Ch. 10 Art. I heading)
ARTICLE I.
LIABILITY OF COUNTIES,
MUNICIPALITIES AND OTHER
PUBLIC CORPORATIONS
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625 ILCS 5/10-101
(625 ILCS 5/10-101) (from Ch. 95 1/2, par. 10-101)
Sec. 10-101.
Insurance.
(a) Any public entity or corporation may insure
against the liability imposed by law and may insure persons who are legally
entitled to recover damages from owners and operators of uninsured motor
vehicles and hit-and-run motor vehicles because of bodily injury, sickness
or disease including death incurred while using a motor vehicle of such
public entity or corporation with any insurance carrier duly authorized
to transact business in this State and the premium for such insurance shall
be a proper charge against the general fund or any applicable special fund
of such entity or corporation.
(b) Every employee of the State, who operates for purposes of State business
a vehicle not owned, leased or controlled by the State shall procure insurance
in the limit of the amounts of liability not less than the amounts required
in Section 7-203 of this Act. The State may provide such insurance for
the benefit of, and without cost to, such employees and may include such
coverage in a plan of self-insurance under Section 405-105 of the Department of
Central Management Services Law (20 ILCS
405/405-105). The State may also obtain uninsured or hit-and-run vehicle
coverage, as defined in Section 143a of the "Illinois Insurance Code".
Any public liability insurance furnished by the State under this Section
shall be under the policy or policies contracted for or under a self-insurance
plan implemented by the Department of Central Management Services
pursuant to Section 405-105 of the Department of Central
Management Services Law (20 ILCS 405/405-105),
the costs for procuring such insurance to be charged, collected and received
as provided in that Section 25-105.
(Source: P.A. 91-239, eff. 1-1-00.)
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625 ILCS 5/Ch. 10 Art. II
(625 ILCS 5/Ch. 10 Art. II heading)
ARTICLE II.
LIABILITY TO GUESTS
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625 ILCS 5/10-201
(625 ILCS 5/10-201) (from Ch. 95 1/2, par. 10-201)
Sec. 10-201. Liability for bodily injury to or death of guest.
No person riding in or upon a motor vehicle or motorcycle as a guest
without payment for such ride and who has solicited such ride in violation
of Subsection (a) of Section 11-1006 of this Act, nor his personal
representative in the event of the death of such guest, shall have a cause
of action for damages against the driver or operator of such motor vehicle
or motorcycle, or its owner or his employee or agent for injury, death or
loss, in case of a crash, unless such crash has been caused by the
willful and wanton misconduct of the driver or operator of such motor
vehicle or motorcycle or its owner or his employee or agent and unless such
willful and wanton misconduct contributed to the injury, death or loss for
which the action is brought.
Nothing contained in this Section relieves a motor vehicle or motorcycle
carrier of passengers for hire of responsibility for injury or death
sustained by any passenger for hire.
This amendatory Act of 1971 shall apply only to causes of action arising
from crashes occurring after its effective date.
(Source: P.A. 102-982, eff. 7-1-23 .)
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625 ILCS 5/10-202
(625 ILCS 5/10-202) (from Ch. 95 1/2, par. 10-202)
Sec. 10-202.
Liability of employer in regard to ridesharing.
(a) An employer
shall not be liable for injuries to passengers and other persons resulting
from the operation
or use of a passenger car or commuter van
in a ridesharing arrangement which is not owned, leased, contracted for
or driven by the employer, and for which the employer has not paid wages
to an employee for services rendered in driving the vehicle, provided, that
wages shall not
include a portion of the fares collected by the driver and shall not include
expenses for gasoline or passenger car or commuter van repairs.
(b) An employer shall not be liable for injuries to passengers and other
persons because he provides information, incentives or otherwise encourages
his employees to participate in ridesharing arrangements.
(Source: P.A. 83-1091.)
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625 ILCS 5/Ch. 10 Art. III
(625 ILCS 5/Ch. 10 Art. III heading)
ARTICLE III.
PROCESS ON NON-RESIDENT
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625 ILCS 5/10-301
(625 ILCS 5/10-301) (from Ch. 95 1/2, par. 10-301)
Sec. 10-301.
Service of process on non-resident.
(a) The use and operation by any person or his duly authorized agent or
employee of a vehicle over or upon the highways of the State of Illinois,
shall be deemed an appointment by such person of the Secretary of State to
be his true and lawful attorney upon whom may be served all legal process
in any action or proceeding against him, growing out of such use or
resulting in damage or loss to person or property, and the use or
operation shall be signification of his agreement that such process
against him which is so served, shall be of the same legal force and
validity as though served upon him personally if such person is a
non-resident of this State or at the time a cause of action arises is a
resident of this State but subsequently becomes a non-resident of this
State, or in the event the vehicle is owned by a non-resident and is being
operated over and upon the highways of this State with the owner's express
or implied permission.
(b) Service of such process shall be made by serving a copy upon the
Secretary of State or any employee in his office designated by him to
accept such service for him, or by filing such copy in his office, together
with an affidavit of compliance from the plaintiff instituting the
action, suit, or proceeding, which states that this Section is applicable
to the proceeding and that the plaintiff has complied with the requirements
of this Section, and a fee of $5 and such service shall be sufficient service
upon the
person, if notice of such service and a copy of the process are, within 10
days thereafter, sent by registered mail by the plaintiff to the defendant,
at the last known address of the defendant, and the plaintiff's
affidavit of compliance herewith is appended to the summons.
(c) The court in which the action is pending may order such continuances
as may be necessary to afford the defendant reasonable opportunity to
defend the action. The fee of $5 paid by the plaintiff to the Secretary of
State at the time of the service shall be taxed as his cost, if he prevails
in the action.
(d) The Secretary of State shall keep a record of all such processes,
which shall show the day and hour of such service.
(e) When a final judgment is entered against any non-resident defendant
who has not received notice and a copy of the
process by registered
mail, required to be sent to him as above provided, and such person, his
heirs, legatees, executor, administrator or other legal
representatives, as
the case may require, shall within one year after the written notice
given to him of such judgment, or within 5 years after such judgment, if no
such notice has been given, as stated above, appear and petition the court
to be heard regarding such judgment, and
shall pay such costs
as the court may deem reasonable in that behalf, the person so petitioning the court
may appear and answer the plaintiff's allegations, and thereupon such
proceeding shall be had as if the defendant had appeared
in due time and
no judgment had been entered. If it appears upon
the hearing that such
judgment ought not to have been entered against the defendant, the
judgment may
be set aside, altered or amended as shall appear just; otherwise, it shall
be ordered that the judgment stands confirmed against
the defendant. The judgment shall,
after 5 years from the entry thereof, if not set aside in the manner
stated above, be deemed and adjudged confirmed against
such defendant, and all
persons claiming under him by virtue of any act done subsequent to the
commencement of such action, and at the end of the 5 years, the court
may enter such further orders as
shall be required for the enforcement of the judgment.
(f) Any person instituting any action, suit, or proceeding who uses
this Section to effect service of process shall be liable for the
attorney's fees and costs of the defendant if the court finds that the
person instituting the action knew or should have known that this Section
is not applicable for effecting service in such action.
(Source: P.A. 91-357, eff. 7-29-99.)
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625 ILCS 5/Ch. 11
(625 ILCS 5/Ch. 11 heading)
CHAPTER 11.
RULES OF THE ROAD
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625 ILCS 5/Ch. 11 Art. I
(625 ILCS 5/Ch. 11 Art. I heading)
ARTICLE I.
SPECIAL DEFINITIONS
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625 ILCS 5/11-100
(625 ILCS 5/11-100) (from Ch. 95 1/2, par. 11-100)
Sec. 11-100.
Definition of Administrator.
For the purposes of this Chapter,
"Administrator" means the Administrator of the Illinois Safety
and Family
Financial Responsibility Law in Chapter 7 of this Code.
(Source: P.A. 89-92, eff. 7-1-96; 90-89, eff. 1-1-98.)
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625 ILCS 5/Ch. 11 Art. II
(625 ILCS 5/Ch. 11 Art. II heading)
ARTICLE II.
OBEDIENCE TO AND EFFECT
OF TRAFFIC LAWS
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625 ILCS 5/11-201
(625 ILCS 5/11-201) (from Ch. 95 1/2, par. 11-201)
Sec. 11-201.
Provisions of act refer to vehicles upon the highways-Exceptions.
The provisions of this Chapter relating to the operation of vehicles
refer exclusively to the operation of vehicles upon highways except:
1. Where a different place is specifically referred to in a given
section.
2. The provisions of Articles IV and V of this Chapter shall apply upon
highways and elsewhere throughout the State.
(Source: P.A. 76-1586.)
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625 ILCS 5/11-202
(625 ILCS 5/11-202) (from Ch. 95 1/2, par. 11-202)
Sec. 11-202.
Required obedience to traffic laws.
It is unlawful and, unless otherwise declared in this Chapter with
respect to particular offenses, it is a petty offense for any
person to do any act forbidden or fail to perform any act required in
this Chapter.
(Source: P.A. 80-911 .)
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625 ILCS 5/11-203
(625 ILCS 5/11-203) (from Ch. 95 1/2, par. 11-203)
Sec. 11-203. Obedience to police officers. No person shall wilfully fail or refuse to comply with any lawful order
or direction of any police officer, fireman, person authorized by a local authority to direct traffic, or school
crossing guard invested by law with authority to
direct, control, or regulate traffic.
Any person convicted of violating this Section
is guilty
of a petty offense and shall be subject to a mandatory fine of $150.
(Source: P.A. 98-396, eff. 1-1-14.)
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625 ILCS 5/11-204
(625 ILCS 5/11-204) (from Ch. 95 1/2, par. 11-204)
Sec. 11-204.
Fleeing or attempting to elude a peace officer.
(a) Any driver or operator of a motor vehicle who, having been given a
visual or audible signal by a peace officer directing such driver or
operator to bring his vehicle to a stop, wilfully fails or refuses to obey
such direction, increases his speed, extinguishes his lights, or otherwise
flees or attempts to elude the officer, is guilty of a Class A
misdemeanor.
The signal given by the peace officer may be by hand, voice, siren, red or
blue light. Provided, the officer giving such signal shall be in police
uniform, and, if driving a vehicle, such vehicle shall display
illuminated oscillating, rotating or flashing red or blue lights which when
used in conjunction with an audible horn or siren would indicate the
vehicle to be an official police vehicle.
Such requirement shall not preclude the use of amber or white
oscillating, rotating or flashing lights in conjunction with red or blue
oscillating, rotating or flashing lights as required in Section 12-215 of
Chapter 12.
(b) Upon receiving notice of such conviction the Secretary of State
shall suspend the drivers license of the person so convicted for a
period of not more than 6 months for a first conviction and not more than 12
months for a second conviction.
(c) A third or subsequent violation of this Section
is a Class 4 felony.
(Source: P.A. 93-120, eff. 1-1-04.)
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625 ILCS 5/11-204.1
(625 ILCS 5/11-204.1) (from Ch. 95 1/2, par. 11-204.1)
Sec. 11-204.1. Aggravated fleeing or attempting
to elude a peace
officer. (a) The offense of aggravated fleeing or attempting to elude a peace officer
is committed by any driver or operator of a motor vehicle who flees or attempts
to elude a peace officer, after being given a visual or audible
signal
by a peace officer in the manner prescribed in subsection (a) of
Section
11-204 of this Code, and such flight or attempt to elude:
(1) is at a rate of speed at least 21 miles per hour | | over the legal speed limit;
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(2) causes bodily injury to any individual;
(3) causes damage in excess of $300 to property;
(4) involves disobedience of 2 or more official
| | traffic control devices; or
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(5) involves the concealing or altering of the
| | vehicle's registration plate or digital registration plate.
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| (b) Any person convicted of a first violation of this Section shall be
guilty of a Class 4 felony. Upon notice of such a conviction the Secretary
of State shall forthwith revoke the driver's license of the person so
convicted, as provided in Section 6-205 of this Code. Any person convicted
of a second or subsequent violation of this Section shall be guilty of a Class
3
felony,
and upon notice of such a conviction the Secretary of State shall forthwith
revoke the driver's license of the person convicted, as provided in Section
6-205 of the Code.
(c) The motor vehicle used in a violation of this Section is subject to
seizure and forfeiture as provided in Sections 36-1 and 36-2 of the Criminal
Code of 2012.
(Source: P.A. 101-395, eff. 8-16-19.)
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625 ILCS 5/11-205
(625 ILCS 5/11-205) (from Ch. 95 1/2, par. 11-205)
Sec. 11-205.
Public officers and employees to obey Act-Exceptions.
(a) The provisions of this Chapter applicable to the drivers of vehicles
upon the highways shall apply to the drivers of all vehicles owned or
operated by the United States, this State or any county, city, town,
district or any other political subdivision of the State, except as
provided in this Section and subject to such specific exceptions as set
forth in this Chapter with reference to authorized emergency vehicles.
(b) The driver of an authorized emergency vehicle, when responding to an
emergency call or when in the pursuit of an actual or suspected violator of
the law or when responding to but not upon returning from a fire alarm, may
exercise the privileges set forth in this Section, but subject to the
conditions herein stated.
(c) The driver of an authorized emergency vehicle may:
1. Park or stand, irrespective of the provisions of | |
2. Proceed past a red or stop signal or stop sign,
| | but only after slowing down as may be required and necessary for safe operation;
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3. Exceed the maximum speed limits so long as he does
| | not endanger life or property;
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4. Disregard regulations governing direction of
| | movement or turning in specified directions.
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(d) The
exceptions herein granted to an authorized emergency vehicle,
other than a police vehicle, shall apply only when the vehicle is making
use of either an audible signal when in motion or visual signals meeting
the requirements of Section 12-215 of this Act.
(e) The foregoing provisions do not relieve the driver of an authorized
emergency vehicle from the duty of driving with due regard for the safety
of all persons, nor do such provisions protect the driver from the
consequences of his reckless disregard for the safety of others.
(f) Unless specifically made applicable, the provisions
of this Chapter, except those contained in
Section 11-204 and Articles IV and V of this Chapter, shall not
apply to persons, motor vehicles and equipment while
actually engaged in work upon a highway but shall
apply to such persons and vehicles when traveling to or from such work.
(Source: P.A. 89-710, eff. 2-14-97; 90-257, eff. 7-30-97 .)
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625 ILCS 5/11-206
(625 ILCS 5/11-206) (from Ch. 95 1/2, par. 11-206)
Sec. 11-206.
Traffic laws apply to persons riding
animals or driving animal-drawn vehicles.
Every person riding an animal or driving any animal-drawn
vehicle upon a roadway shall be granted all of the
rights and shall be subject to all of the duties applicable
to the driver of a vehicle by this chapter, except those
provisions of this chapter which by their very nature can
have no application.
(Source: P.A. 79-858.)
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625 ILCS 5/11-207
(625 ILCS 5/11-207) (from Ch. 95 1/2, par. 11-207)
Sec. 11-207.
Provisions of this Chapter uniform throughout
State. The provisions of this Chapter shall be applicable and uniform
throughout this State and in all political subdivisions and municipalities
therein, and no local authority shall enact or enforce any ordinance rule
or regulation in conflict with the provisions of this Chapter unless
expressly authorized herein. Local authorities may, however, adopt
additional traffic regulations which are not in conflict with the
provisions of this Chapter, but such regulations shall not be effective
until signs giving reasonable notice thereof are posted.
(Source: P.A. 92-651, eff. 7-11-02.)
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625 ILCS 5/11-208
(625 ILCS 5/11-208)
(from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to prevent
local authorities with respect to streets and highways under their
jurisdiction and within the reasonable exercise of the police power from:
1. Regulating the standing or parking of vehicles, | | except as limited by Sections 11-1306 and 11-1307 of this Act;
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2. Regulating traffic by means of police officers or
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3. Regulating or prohibiting processions or
| | assemblages on the highways; and certifying persons to control traffic for processions or assemblages;
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4. Designating particular highways as one-way
| | highways and requiring that all vehicles thereon be moved in one specific direction;
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5. Regulating the speed of vehicles in public parks
| | subject to the limitations set forth in Section 11-604;
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6. Designating any highway as a through highway, as
| | authorized in Section 11-302, and requiring that all vehicles stop before entering or crossing the same or designating any intersection as a stop intersection or a yield right-of-way intersection and requiring all vehicles to stop or yield the right-of-way at one or more entrances to such intersections;
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7. Restricting the use of highways as authorized in
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8. Regulating the operation of mobile carrying
| | devices, bicycles, low-speed electric bicycles, and low-speed gas bicycles, and requiring the registration and licensing of same, including the requirement of a registration fee;
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9. Regulating or prohibiting the turning of vehicles
| | or specified types of vehicles at intersections;
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10. Altering the speed limits as authorized in
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11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
| | designated and marked crosswalks or at intersections;
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13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
| | 11-1301.3 as penalties for use of any parking place reserved for persons with disabilities, as defined by Section 1-159.1, or veterans with disabilities by any person using a motor vehicle not bearing registration plates specified in Section 11-1301.1 or a special decal or device as defined in Section 11-1301.2 as evidence that the vehicle is operated by or for a person with disabilities or a veteran with a disability;
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15. Adopting such other traffic regulations as are
| | specifically authorized by this Code; or
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16. Enforcing the provisions of subsection (f) of
| | Section 3-413 of this Code or a similar local ordinance.
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(b) No ordinance or regulation enacted under paragraph 1, 4, 5, 6, 7,
9, 10, 11 or 13 of subsection (a) shall be effective until signs giving
reasonable notice of such local traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more inhabitants from
prohibiting any person from driving or operating any motor vehicle upon
the roadways of such municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to prevent local
authorities within the reasonable exercise of their police power from
prohibiting, on private property, the unauthorized use of parking spaces
reserved for persons with disabilities.
(e) No unit of local government, including a home rule unit, may enact or
enforce an ordinance that applies only to motorcycles if the principal purpose
for that ordinance is to restrict the access of motorcycles to any highway or
portion of a highway for which federal or State funds have been used for the
planning, design, construction, or maintenance of that highway. No unit of
local government, including a home rule unit, may enact an ordinance requiring
motorcycle users to wear protective headgear. Nothing in this subsection
(e) shall affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with Section 12-602
of this Code. No unit of local government, including a home rule unit, may
regulate motorcycles in a manner inconsistent with this Code. This subsection
(e) is a limitation under subsection (i) of Section 6 of Article VII of the
Illinois Constitution on the concurrent exercise by home rule units of powers
and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing for a noise monitoring system upon any portion of the roadway known as Lake Shore Drive. Twelve months after the installation of the noise monitoring system, and any time after the first report as the City deems necessary, the City of Chicago shall prepare a noise monitoring report with the data collected from the system and shall, upon request, make the report available to the public. For purposes of this subsection (e-5), "noise monitoring system" means an automated noise monitor capable of recording noise levels 24 hours per day and 365 days per year with computer equipment sufficient to process the data.
(e-10) A unit of local government, including a home rule unit, may not enact an ordinance prohibiting the use of Automated Driving System equipped vehicles on its roadways. Nothing in this subsection (e-10) shall affect the authority of a unit of local government to regulate Automated Driving System equipped vehicles for traffic control purposes. No unit of local government, including a home rule unit, may regulate Automated Driving System equipped vehicles in a manner inconsistent with this Code. For purposes of this subsection (e-10), "Automated Driving System equipped vehicle" means any vehicle equipped with an Automated Driving System of hardware and software that are collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether it is limited to a specific operational domain. This subsection (e-10) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.
(f) A municipality or county designated in Section 11-208.6 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(g) A municipality or county, as provided in Section 11-1201.1, may enact an ordinance providing for an automated traffic law enforcement system to enforce violations of Section 11-1201 of this Code or a similar provision of a local ordinance and imposing liability on a registered owner of a vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may enact an ordinance providing for an
automated speed enforcement system to enforce violations of Article VI of Chapter 11 of this Code or a similar provision of a local ordinance.
(i) A municipality or county designated in Section 11-208.9 may enact an ordinance providing for an
automated traffic law enforcement system to enforce violations of Section 11-1414 of this Code or
a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation.
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17; 100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff. 7-26-19.)
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625 ILCS 5/11-208.1
(625 ILCS 5/11-208.1) (from Ch. 95 1/2, par. 11-208.1)
Sec. 11-208.1.
Uniformity.
The provisions of this Chapter of this Act, as amended, and the rules
and regulations promulgated thereunder by any State Officer, Office,
Agency, Department or Commission, shall be applicable and uniformly applied
and enforced throughout this State, in all other political subdivisions and
in all units of local government.
(Source: P.A. 77-706.)
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625 ILCS 5/11-208.2
(625 ILCS 5/11-208.2) (from Ch. 95 1/2, par. 11-208.2)
Sec. 11-208.2.
Limitation on home rule units.
The provisions of this Chapter of this Act limit the authority of home
rule units to adopt local police regulations inconsistent herewith except
pursuant to Sections 11-208, 11-209, 11-1005.1, 11-1412.1, and
11-1412.2 of this Chapter of this Act.
(Source: P.A. 92-868, eff. 6-1-03.)
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625 ILCS 5/11-208.3
(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations of traffic
regulations concerning the standing, parking, or condition of
vehicles, automated traffic law violations, and automated speed enforcement system violations.
(a) Any municipality or county may provide by ordinance for a system of
administrative adjudication of vehicular standing and parking violations and
vehicle compliance violations as described in this subsection, automated traffic law violations as defined in Section 11-208.6, 11-208.9, or 11-1201.1, and automated speed enforcement system violations as defined in Section 11-208.8.
The administrative system shall have as its purpose the fair and
efficient enforcement of municipal or county regulations through the
administrative adjudication of automated speed enforcement system or automated traffic law violations and violations of municipal or county ordinances
regulating the standing and parking of vehicles, the condition and use of
vehicle equipment, and the display of municipal or county wheel tax licenses within the
municipality's
or county's borders. The administrative system shall only have authority to adjudicate
civil offenses carrying fines not in excess of $500 or requiring the completion of a traffic education program, or both, that occur after the
effective date of the ordinance adopting such a system under this Section.
For purposes of this Section, "compliance violation" means a violation of a
municipal or county regulation governing the condition or use of equipment on a vehicle
or governing the display of a municipal or county wheel tax license.
(b) Any ordinance establishing a system of administrative adjudication
under this Section shall provide for:
(1) A traffic compliance administrator authorized to | | adopt, distribute, and process parking, compliance, and automated speed enforcement system or automated traffic law violation notices and other notices required by this Section, collect money paid as fines and penalties for violation of parking and compliance ordinances and automated speed enforcement system or automated traffic law violations, and operate an administrative adjudication system.
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(2) A parking, standing, compliance, automated speed
| | enforcement system, or automated traffic law violation notice that shall specify or include the date, time, and place of violation of a parking, standing, compliance, automated speed enforcement system, or automated traffic law regulation; the particular regulation violated; any requirement to complete a traffic education program; the fine and any penalty that may be assessed for late payment or failure to complete a required traffic education program, or both, when so provided by ordinance; the vehicle make or a photograph of the vehicle; the state registration number of the vehicle; and the identification number of the person issuing the notice. With regard to automated speed enforcement system or automated traffic law violations, vehicle make shall be specified on the automated speed enforcement system or automated traffic law violation notice if the notice does not include a photograph of the vehicle and the make is available and readily discernible. With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make specified is incorrect. The violation notice shall state that the completion of any required traffic education program, the payment of any indicated fine, and the payment of any applicable penalty for late payment or failure to complete a required traffic education program, or both, shall operate as a final disposition of the violation. The notice also shall contain information as to the availability of a hearing in which the violation may be contested on its merits. The violation notice shall specify the time and manner in which a hearing may be had.
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(3) Service of a parking, standing, or compliance
| | violation notice by: (i) affixing the original or a facsimile of the notice to an unlawfully parked or standing vehicle; (ii) handing the notice to the operator of a vehicle if he or she is present; or (iii) mailing the notice to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the date of the violation, except that in the case of a lessee of a motor vehicle, service of a parking, standing, or compliance violation notice may occur no later than 210 days after the violation; and service of an automated speed enforcement system or automated traffic law violation notice by mail to the address of the registered owner or lessee of the cited vehicle as recorded with the Secretary of State or the lessor of the motor vehicle within 30 days after the Secretary of State or the lessor of the motor vehicle notifies the municipality or county of the identity of the owner or lessee of the vehicle, but not later than 90 days after the violation, except that in the case of a lessee of a motor vehicle, service of an automated traffic law violation notice may occur no later than 210 days after the violation. A person authorized by ordinance to issue and serve parking, standing, and compliance violation notices shall certify as to the correctness of the facts entered on the violation notice by signing his or her name to the notice at the time of service or, in the case of a notice produced by a computerized device, by signing a single certificate to be kept by the traffic compliance administrator attesting to the correctness of all notices produced by the device while it was under his or her control. In the case of an automated traffic law violation, the ordinance shall require a determination by a technician employed or contracted by the municipality or county that, based on inspection of recorded images, the motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If the technician determines that the vehicle entered the intersection as part of a funeral procession or in order to yield the right-of-way to an emergency vehicle, a citation shall not be issued. In municipalities with a population of less than 1,000,000 inhabitants and counties with a population of less than 3,000,000 inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation. In municipalities with a population of 1,000,000 or more inhabitants and counties with a population of 3,000,000 or more inhabitants, the automated traffic law ordinance shall require that all determinations by a technician that a motor vehicle was being operated in violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality or county issuing the violation or by an additional fully trained reviewing technician who is not employed by the contractor who employs the technician who made the initial determination. In the case of an automated speed enforcement system violation, the ordinance shall require a determination by a technician employed by the municipality, based upon an inspection of recorded images, video or other documentation, including documentation of the speed limit and automated speed enforcement signage, and documentation of the inspection, calibration, and certification of the speed equipment, that the vehicle was being operated in violation of Article VI of Chapter 11 of this Code or a similar local ordinance. If the technician determines that the vehicle speed was not determined by a calibrated, certified speed equipment device based upon the speed equipment documentation, or if the vehicle was an emergency vehicle, a citation may not be issued. The automated speed enforcement ordinance shall require that all determinations by a technician that a violation occurred be reviewed and approved by a law enforcement officer or retired law enforcement officer of the municipality issuing the violation or by an additional fully trained reviewing technician who is not employed by the contractor who employs the technician who made the initial determination. Routine and independent calibration of the speeds produced by automated speed enforcement systems and equipment shall be conducted annually by a qualified technician. Speeds produced by an automated speed enforcement system shall be compared with speeds produced by lidar or other independent equipment. Radar or lidar equipment shall undergo an internal validation test no less frequently than once each week. Qualified technicians shall test loop-based equipment no less frequently than once a year. Radar equipment shall be checked for accuracy by a qualified technician when the unit is serviced, when unusual or suspect readings persist, or when deemed necessary by a reviewing technician. Radar equipment shall be checked with the internal frequency generator and the internal circuit test whenever the radar is turned on. Technicians must be alert for any unusual or suspect readings, and if unusual or suspect readings of a radar unit persist, that unit shall immediately be removed from service and not returned to service until it has been checked by a qualified technician and determined to be functioning properly. Documentation of the annual calibration results, including the equipment tested, test date, technician performing the test, and test results, shall be maintained and available for use in the determination of an automated speed enforcement system violation and issuance of a citation. The technician performing the calibration and testing of the automated speed enforcement equipment shall be trained and certified in the use of equipment for speed enforcement purposes. Training on the speed enforcement equipment may be conducted by law enforcement, civilian, or manufacturer's personnel and if applicable may be equivalent to the equipment use and operations training included in the Speed Measuring Device Operator Program developed by the National Highway Traffic Safety Administration (NHTSA). The vendor or technician who performs the work shall keep accurate records on each piece of equipment the technician calibrates and tests. As used in this paragraph, "fully trained reviewing technician" means a person who has received at least 40 hours of supervised training in subjects which shall include image inspection and interpretation, the elements necessary to prove a violation, license plate identification, and traffic safety and management. In all municipalities and counties, the automated speed enforcement system or automated traffic law ordinance shall require that no additional fee shall be charged to the alleged violator for exercising his or her right to an administrative hearing, and persons shall be given at least 25 days following an administrative hearing to pay any civil penalty imposed by a finding that Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar local ordinance has been violated. The original or a facsimile of the violation notice or, in the case of a notice produced by a computerized device, a printed record generated by the device showing the facts entered on the notice, shall be retained by the traffic compliance administrator, and shall be a record kept in the ordinary course of business. A parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice issued, signed, and served in accordance with this Section, a copy of the notice, or the computer-generated record shall be prima facie correct and shall be prima facie evidence of the correctness of the facts shown on the notice. The notice, copy, or computer-generated record shall be admissible in any subsequent administrative or legal proceedings.
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(4) An opportunity for a hearing for the registered
| | owner of the vehicle cited in the parking, standing, compliance, automated speed enforcement system, or automated traffic law violation notice in which the owner may contest the merits of the alleged violation, and during which formal or technical rules of evidence shall not apply; provided, however, that under Section 11-1306 of this Code the lessee of a vehicle cited in the violation notice likewise shall be provided an opportunity for a hearing of the same kind afforded the registered owner. The hearings shall be recorded, and the person conducting the hearing on behalf of the traffic compliance administrator shall be empowered to administer oaths and to secure by subpoena both the attendance and testimony of witnesses and the production of relevant books and papers. Persons appearing at a hearing under this Section may be represented by counsel at their expense. The ordinance may also provide for internal administrative review following the decision of the hearing officer.
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(5) Service of additional notices, sent by first
| | class United States mail, postage prepaid, to the address of the registered owner of the cited vehicle as recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database, or, under Section 11-1306 or subsection (p) of Section 11-208.6 or 11-208.9, or subsection (p) of Section 11-208.8 of this Code, to the lessee of the cited vehicle at the last address known to the lessor of the cited vehicle at the time of lease or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database. The service shall be deemed complete as of the date of deposit in the United States mail. The notices shall be in the following sequence and shall include, but not be limited to, the information specified herein:
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(i) A second notice of parking, standing, or
| | compliance violation if the first notice of the violation was issued by affixing the original or a facsimile of the notice to the unlawfully parked vehicle or by handing the notice to the operator. This notice shall specify or include the date and location of the violation cited in the parking, standing, or compliance violation notice, the particular regulation violated, the vehicle make or a photograph of the vehicle, the state registration number of the vehicle, any requirement to complete a traffic education program, the fine and any penalty that may be assessed for late payment or failure to complete a traffic education program, or both, when so provided by ordinance, the availability of a hearing in which the violation may be contested on its merits, and the time and manner in which the hearing may be had. The notice of violation shall also state that failure to complete a required traffic education program, to pay the indicated fine and any applicable penalty, or to appear at a hearing on the merits in the time and manner specified, will result in a final determination of violation liability for the cited violation in the amount of the fine or penalty indicated, and that, upon the occurrence of a final determination of violation liability for the failure, and the exhaustion of, or failure to exhaust, available administrative or judicial procedures for review, any incomplete traffic education program or any unpaid fine or penalty, or both, will constitute a debt due and owing the municipality or county.
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(ii) A notice of final determination of parking,
| | standing, compliance, automated speed enforcement system, or automated traffic law violation liability. This notice shall be sent following a final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability and the conclusion of judicial review procedures taken under this Section. The notice shall state that the incomplete traffic education program or the unpaid fine or penalty, or both, is a debt due and owing the municipality or county. The notice shall contain warnings that failure to complete any required traffic education program or to pay any fine or penalty due and owing the municipality or county, or both, within the time specified may result in the municipality's or county's filing of a petition in the Circuit Court to have the incomplete traffic education program or unpaid fine or penalty, or both, rendered a judgment as provided by this Section, or, where applicable, may result in suspension of the person's driver's license for failure to complete a traffic education program.
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(6) A notice of impending driver's license
| | suspension. This notice shall be sent to the person liable for failure to complete a required traffic education program. The notice shall state that failure to complete a required traffic education program within 45 days of the notice's date will result in the municipality or county notifying the Secretary of State that the person is eligible for initiation of suspension proceedings under Section 6-306.5 of this Code. The notice shall also state that the person may obtain a photostatic copy of an original ticket imposing a fine or penalty by sending a self-addressed, stamped envelope to the municipality or county along with a request for the photostatic copy. The notice of impending driver's license suspension shall be sent by first class United States mail, postage prepaid, to the address recorded with the Secretary of State or, if any notice to that address is returned as undeliverable, to the last known address recorded in a United States Post Office approved database.
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(7) Final determinations of violation liability. A
| | final determination of violation liability shall occur following failure to complete the required traffic education program or to pay the fine or penalty, or both, after a hearing officer's determination of violation liability and the exhaustion of or failure to exhaust any administrative review procedures provided by ordinance. Where a person fails to appear at a hearing to contest the alleged violation in the time and manner specified in a prior mailed notice, the hearing officer's determination of violation liability shall become final: (A) upon denial of a timely petition to set aside that determination, or (B) upon expiration of the period for filing the petition without a filing having been made.
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(8) A petition to set aside a determination of
| | parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability that may be filed by a person owing an unpaid fine or penalty. A petition to set aside a determination of liability may also be filed by a person required to complete a traffic education program. The petition shall be filed with and ruled upon by the traffic compliance administrator in the manner and within the time specified by ordinance. The grounds for the petition may be limited to: (A) the person not having been the owner or lessee of the cited vehicle on the date the violation notice was issued, (B) the person having already completed the required traffic education program or paid the fine or penalty, or both, for the violation in question, and (C) excusable failure to appear at or request a new date for a hearing. With regard to municipalities or counties with a population of 1 million or more, it shall be grounds for dismissal of a parking violation if the state registration number or vehicle make, only if specified in the violation notice, is incorrect. After the determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability has been set aside upon a showing of just cause, the registered owner shall be provided with a hearing on the merits for that violation.
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(9) Procedures for non-residents. Procedures by which
| | persons who are not residents of the municipality or county may contest the merits of the alleged violation without attending a hearing.
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(10) A schedule of civil fines for violations of
| | vehicular standing, parking, compliance, automated speed enforcement system, or automated traffic law regulations enacted by ordinance pursuant to this Section, and a schedule of penalties for late payment of the fines or failure to complete required traffic education programs, provided, however, that the total amount of the fine and penalty for any one violation shall not exceed $250, except as provided in subsection (c) of Section 11-1301.3 of this Code.
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(11) Other provisions as are necessary and proper to
| | carry into effect the powers granted and purposes stated in this Section.
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(b-5) An automated speed enforcement system or automated traffic law ordinance adopted under this Section by a municipality or county shall require that the determination to issue a citation be vested solely with the municipality or county and that such authority may not be delegated to any vendor retained by the municipality or county. Any contract or agreement violating such a provision in the ordinance is null and void.
(c) Any municipality or county establishing vehicular standing, parking,
compliance, automated speed enforcement system, or automated traffic law
regulations under this Section may also provide by ordinance for a
program of vehicle immobilization for the purpose of facilitating
enforcement of those regulations. The program of vehicle
immobilization shall provide for immobilizing any eligible vehicle upon the
public way by presence of a restraint in a manner to prevent operation of
the vehicle. Any ordinance establishing a program of vehicle
immobilization under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
| | for immobilization. A vehicle shall be eligible for immobilization when the registered owner of the vehicle has accumulated the number of incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, as determined by ordinance.
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(2) A notice of impending vehicle immobilization and
| | a right to a hearing to challenge the validity of the notice by disproving liability for the incomplete traffic education programs or unpaid final determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation liability, or both, listed on the notice.
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(3) The right to a prompt hearing after a vehicle has
| | been immobilized or subsequently towed without the completion of the required traffic education program or payment of the outstanding fines and penalties on parking, standing, compliance, automated speed enforcement system, or automated traffic law violations, or both, for which final determinations have been issued. An order issued after the hearing is a final administrative decision within the meaning of Section 3-101 of the Code of Civil Procedure.
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(4) A post immobilization and post-towing notice
| | advising the registered owner of the vehicle of the right to a hearing to challenge the validity of the impoundment.
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(d) Judicial review of final determinations of parking, standing,
compliance, automated speed enforcement system, or automated traffic law
violations and final administrative decisions issued after hearings
regarding vehicle immobilization and impoundment made
under this Section shall be subject to the provisions of
the Administrative Review Law.
(e) Any fine, penalty, incomplete traffic education program, or part of any fine or any penalty remaining
unpaid after the exhaustion of, or the failure to exhaust, administrative
remedies created under this Section and the conclusion of any judicial
review procedures shall be a debt due and owing the municipality or county and, as
such, may be collected in accordance with applicable law. Completion of any required traffic education program and payment in full
of any fine or penalty resulting from a standing, parking,
compliance, automated speed enforcement system, or automated traffic law violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which judicial review may
be sought for a final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law
violation, the municipality
or county may commence a proceeding in the Circuit Court for purposes of obtaining a
judgment on the final determination of violation. Nothing in this
Section shall prevent a municipality or county from consolidating multiple final
determinations of parking, standing, compliance, automated speed enforcement system, or automated traffic law violations against a
person in a proceeding.
Upon commencement of the action, the municipality or county shall file a certified
copy or record of the final determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law
violation, which shall be
accompanied by a certification that recites facts sufficient to show that
the final determination of violation was
issued in accordance with this Section and the applicable municipal
or county ordinance. Service of the summons and a copy of the petition may be by
any method provided by Section 2-203 of the Code of Civil Procedure or by
certified mail, return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking, standing,
compliance, automated speed enforcement system, or automated traffic law violations does not
exceed $2500. If the court is satisfied that the final determination of
parking, standing, compliance, automated speed enforcement system, or automated traffic law violation was entered in accordance with
the requirements of
this Section and the applicable municipal or county ordinance, and that the registered
owner or the lessee, as the case may be, had an opportunity for an
administrative hearing and for judicial review as provided in this Section,
the court shall render judgment in favor of the municipality or county and against
the registered owner or the lessee for the amount indicated in the final
determination of parking, standing, compliance, automated speed enforcement system, or automated traffic law violation, plus costs.
The judgment shall have
the same effect and may be enforced in the same manner as other judgments
for the recovery of money.
(g) The fee for participating in a traffic education program under this Section shall not exceed $25.
A low-income individual required to complete a traffic education program under this Section who provides proof of eligibility for the federal earned income tax credit under Section 32 of the Internal Revenue Code or the Illinois earned income tax credit under Section 212 of the Illinois Income Tax Act shall not be required to pay any fee for participating in a required traffic education program.
(h) Notwithstanding any other provision of law to the contrary, a person shall not be liable for violations, fees, fines, or penalties under this Section during the period in which the motor vehicle was stolen or hijacked, as indicated in a report to the appropriate law enforcement agency filed in a timely manner.
(Source: P.A. 102-558, eff. 8-20-21; 102-905, eff. 1-1-23; 103-364, eff. 7-28-23.)
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625 ILCS 5/11-208.4
(625 ILCS 5/11-208.4)
Sec. 11-208.4.
(Repealed).
(Source: Repealed by internal repealer, eff. 12-31-94.)
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625 ILCS 5/11-208.5 (625 ILCS 5/11-208.5)
Sec. 11-208.5. Prosecution of felony DUI by local authorities prohibited. (a) The powers of a local authority to enact or enforce any ordinance or rule with respect to the streets or highways under its jurisdiction relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is limited to the enactment and enforcement of ordinances or rules the violation of which would constitute a misdemeanor under Section 11-501 of the Illinois Vehicle Code. (b) A local authority may not enact or enforce any ordinance or rule with respect to streets and highways under its jurisdiction if a violation of that ordinance or rule would constitute a felony under Section 11-501 of the Illinois Vehicle Code. The municipality may, however, charge an offender with a municipal misdemeanor offense if the State's Attorney rejects or denies felony charges for the conduct that comprises the charge.
(c) A municipal attorney who is aware that, based on a driver's history, the driver is subject to prosecution for a felony under Section 11-501 of the Illinois Vehicle Code, must notify the State's Attorney of that county of the driver's conduct and may not prosecute the driver on behalf of the municipality.
(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.) |
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