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91_HB2354
LRB9103082KStm
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Sections 1-105-5, 6-204, 11-208.3, and 11-306.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Sections 1-105.5, 6-204, 11-208.3, and 11-306 as
7 follows:
8 (625 ILCS 5/1-105.5)
9 Sec. 1-105.5. Automated red light enforcement system. A
10 system in a municipality with a population of 1,000,000 or
11 more operated by a governmental agency, in cooperation with a
12 law enforcement agency, that photographically records a motor
13 vehicle's response to a traffic control signal with a red
14 light indication and is designed to obtain a clear photograph
15 of the vehicle and the vehicle's license plate when the motor
16 vehicle is involved in a motor vehicle accident, leaving the
17 scene of a motor vehicle accident, or reckless driving that
18 results in bodily injury, or enters the intersection after
19 the light turns red.
20 (Source: P.A. 90-86, eff. 7-10-97.)
21 (625 ILCS 5/6-204) (from Ch. 95 1/2, par. 6-204)
22 Sec. 6-204. When Court to forward License and Reports.
23 (a) For the purpose of providing to the Secretary of
24 State the records essential to the performance of the
25 Secretary's duties under this Code to cancel, revoke or
26 suspend the driver's license and privilege to drive motor
27 vehicles of certain minors adjudicated truant minors in need
28 of supervision, addicted, or delinquent and of persons found
29 guilty of the criminal offenses or traffic violations which
30 this Code recognizes as evidence relating to unfitness to
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1 safely operate motor vehicles, the following duties are
2 imposed upon public officials:
3 1. Whenever any person is convicted of any offense
4 for which this Code makes mandatory the cancellation or
5 revocation of the driver's license or permit of such
6 person by the Secretary of State, the judge of the court
7 in which such conviction is had shall require the
8 surrender to the clerk of the court of all driver's
9 licenses or permits then held by the person so convicted,
10 and the clerk of the court shall, within 10 days
11 thereafter, forward the same, together with a report of
12 such conviction, to the Secretary.
13 2. Whenever any person is convicted of any offense
14 under this Code or similar offenses under a municipal
15 ordinance, other than regulations governing standing,
16 parking or weights of vehicles, and excepting the
17 following enumerated Sections of this Code: Sections
18 11-1406 (obstruction to driver's view or control),
19 11-1407 (improper opening of door into traffic), 11-1410
20 (coasting on downgrade), 11-1411 (following fire
21 apparatus), 11-1419.01 (Motor Fuel Tax I.D. Card), 12-101
22 (driving vehicle which is in unsafe condition or
23 improperly equipped), 12-201(a) (daytime lights on
24 motorcycles), 12-202 (clearance, identification and side
25 marker lamps), 12-204 (lamp or flag on projecting load),
26 12-205 (failure to display the safety lights required),
27 12-401 (restrictions as to tire equipment), 12-502
28 (mirrors), 12-503 (windshields must be unobstructed and
29 equipped with wipers), 12-601 (horns and warning
30 devices), 12-602 (mufflers, prevention of noise or
31 smoke), 12-603 (seat safety belts), 12-702 (certain
32 vehicles to carry flares or other warning devices),
33 12-703 (vehicles for oiling roads operated on highways),
34 12-710 (splash guards and replacements), 13-101 (safety
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1 tests), 15-101 (size, weight and load), 15-102 (width),
2 15-103 (height), 15-104 (name and address on second
3 division vehicles), 15-107 (length of vehicle), 15-109.1
4 (cover or tarpaulin), 15-111 (weights), 15-112 (weights),
5 15-301 (weights), 15-316 (weights), 15-318 (weights), and
6 also excepting the following enumerated Sections of the
7 Chicago Municipal Code: Sections 27-245 (following fire
8 apparatus), 27-254 (obstruction of traffic), 27-258
9 (driving vehicle which is in unsafe condition), 27-259
10 (coasting on downgrade), 27-264 (use of horns and signal
11 devices), 27-265 (obstruction to driver's view or driver
12 mechanism), 27-267 (dimming of headlights), 27-268
13 (unattended motor vehicle), 27-272 (illegal funeral
14 procession), 27-273 (funeral procession on boulevard),
15 27-275 (driving freighthauling vehicles on boulevard),
16 27-276 (stopping and standing of buses or taxicabs),
17 27-277 (cruising of public passenger vehicles), 27-305
18 (parallel parking), 27-306 (diagonal parking), 27-307
19 (parking not to obstruct traffic), 27-308 (stopping,
20 standing or parking regulated), 27-311 (parking
21 regulations), 27-312 (parking regulations), 27-313
22 (parking regulations), 27-314 (parking regulations),
23 27-315 (parking regulations), 27-316 (parking
24 regulations), 27-317 (parking regulations), 27-318
25 (parking regulations), 27-319 (parking regulations),
26 27-320 (parking regulations), 27-321 (parking
27 regulations), 27-322 (parking regulations), 27-324
28 (loading and unloading at an angle), 27-333 (wheel and
29 axle loads), 27-334 (load restrictions in the downtown
30 district), 27-335 (load restrictions in residential
31 areas), 27-338 (width of vehicles), 27-339 (height of
32 vehicles), 27-340 (length of vehicles), 27-352
33 (reflectors on trailers), 27-353 (mufflers), 27-354
34 (display of plates), 27-355 (display of city vehicle tax
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1 sticker), 27-357 (identification of vehicles), 27-358
2 (projecting of loads), and also excepting the following
3 enumerated paragraphs of Section 2-201 of the Rules and
4 Regulations of the Illinois State Toll Highway Authority:
5 (l) (driving unsafe vehicle on tollway), (m) (vehicles
6 transporting dangerous cargo not properly indicated), and
7 also excepting a violation of subsection (c) of Section
8 11-306 or a similar offense under a municipal ordinance
9 that is reported in accordance with paragraph 6 of this
10 subsection, it shall be the duty of the clerk of the
11 court in which such conviction is had within 10 days
12 thereafter to forward to the Secretary of State a report
13 of the conviction and the court may recommend the
14 suspension of the driver's license or permit of the
15 person so convicted.
16 The reporting requirements of this subsection shall apply
17 to all violations stated in paragraphs 1 and 2 of this
18 subsection when the individual has been adjudicated under the
19 Juvenile Court Act or the Juvenile Court Act of 1987. Such
20 reporting requirements shall also apply to individuals
21 adjudicated under the Juvenile Court Act or the Juvenile
22 Court Act of 1987 who have committed a violation of Section
23 11-501 of this Code, or similar provision of a local
24 ordinance, or Section 9-3 of the Criminal Code of 1961, as
25 amended, relating to the offense of reckless homicide. The
26 reporting requirements of this subsection shall also apply to
27 a truant minor in need of supervision, an addicted minor, or
28 a delinquent minor and whose driver's license and privilege
29 to drive a motor vehicle has been ordered suspended for such
30 times as determined by the Court, but only until he or she
31 attains 18 years of age. It shall be the duty of the clerk
32 of the court in which adjudication is had within 10 days
33 thereafter to forward to the Secretary of State a report of
34 the adjudication and the court order requiring the Secretary
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1 of State to suspend the minor's driver's license and driving
2 privilege for such time as determined by the Court, but only
3 until he or she attains the age of 18 years. All juvenile
4 court dispositions reported to the Secretary of State under
5 this provision shall be processed by the Secretary of State
6 as if the cases had been adjudicated in traffic or criminal
7 court. However, information reported relative to the offense
8 of reckless homicide, or Section 11-501 of this Code, or a
9 similar provision of a local ordinance, shall be privileged
10 and available only to the Secretary of State, courts, and
11 police officers.
12 3. Whenever an order is entered vacating the
13 forfeiture of any bail, security or bond given to secure
14 appearance for any offense under this Code or similar
15 offenses under municipal ordinance, it shall be the duty
16 of the clerk of the court in which such vacation was had
17 or the judge of such court if such court has no clerk,
18 within 10 days thereafter to forward to the Secretary of
19 State a report of the vacation.
20 4. A report of any disposition of court supervision
21 for a violation of Sections 6-303, 11-401, 11-501 or a
22 similar provision of a local ordinance, 11-503 and 11-504
23 shall be forwarded to the Secretary of State. A report of
24 any disposition of court supervision for a violation of
25 an offense defined as a serious traffic violation in this
26 Code or a similar provision of a local ordinance
27 committed by a person under the age of 21 years shall be
28 forwarded to the Secretary of State.
29 5. Reports of conviction and sentencing hearing
30 under the Juvenile Court Act of 1987 in a computer
31 processible medium shall be forwarded to the Secretary of
32 State via the Supreme Court in the form and format
33 required by the Illinois Supreme Court and established by
34 a written agreement between the Supreme Court and the
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1 Secretary of State. In counties with a population over
2 300,000, instead of forwarding reports to the Supreme
3 Court, reports of conviction and sentencing hearing under
4 the Juvenile Court Act of 1987 in a computer processible
5 medium may be forwarded to the Secretary of State by the
6 Circuit Court Clerk in a form and format required by the
7 Secretary of State and established by written agreement
8 between the Circuit Court Clerk and the Secretary of
9 State. Failure to forward the reports of conviction or
10 sentencing hearing under the Juvenile Court Act of 1987
11 as required by this Section shall be deemed an omission
12 of duty and it shall be the duty of the several State's
13 Attorneys to enforce the requirements of this Section.
14 6. Whenever any municipality has established a
15 system of administrative adjudication to determine
16 liability for a violation of subsection (c) of Section
17 11-306 or a similar offense under a municipal ordinance
18 that is recorded by an automated red light enforcement
19 system, the municipality, within 10 days of determining
20 liability for a violation shall forward a report of the
21 adjudication to the Secretary of State. The report shall
22 be in the form required by the Secretary of State.
23 (b) Whenever a restricted driving permit is forwarded to
24 a court, as a result of confiscation by a police officer
25 pursuant to the authority in Section 6-113(f), it shall be
26 the duty of the clerk, or judge, if the court has no clerk,
27 to forward such restricted driving permit and a facsimile of
28 the officer's citation to the Secretary of State as
29 expeditiously as practicable.
30 (c) For the purposes of this Code, a forfeiture of bail
31 or collateral deposited to secure a defendant's appearance in
32 court when forfeiture has not been vacated, or the failure of
33 a defendant to appear for trial after depositing his driver's
34 license in lieu of other bail, shall be equivalent to a
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1 conviction.
2 (d) For the purpose of providing the Secretary of State
3 with records necessary to properly monitor and assess driver
4 performance and assist the courts in the proper disposition
5 of repeat traffic law offenders, the clerk of the court shall
6 forward to the Secretary of State, on a form prescribed by
7 the Secretary, records of driver's participation in a driver
8 remedial or rehabilitative program which was required,
9 through a court order or court supervision, in relation to
10 the driver's arrest for a violation of Section 11-501 of this
11 Code or a similar provision of a local ordinance. Such
12 reports shall be sent within 10 days after the driver's
13 referral to such driver remedial or rehabilitative program.
14 Such reports, including those required to be forwarded under
15 subsection 4 of paragraph (a), shall be recorded to the
16 driver's file, but shall not be released to any outside
17 source, except the affected driver, and shall be used only to
18 assist in assessing driver performance and for the purpose of
19 informing the courts that such driver has been previously
20 assigned court supervision or referred to a driver's remedial
21 or rehabilitative program.
22 (Source: P.A. 90-369, eff. 1-1-98; 90-590, eff. 1-1-99;
23 revised 9-16-98.)
24 (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
25 Sec. 11-208.3. Administrative adjudication of violations
26 of traffic regulations concerning the standing, parking, or
27 condition of vehicles and automated red light violations.
28 (a) Any municipality may provide by ordinance for a
29 system of administrative adjudication of vehicular standing
30 and parking violations, and vehicle compliance violations as
31 defined in this subsection, automated red light violations as
32 defined in this subsection. The administrative system shall
33 have as its purpose the fair and efficient enforcement of
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1 municipal regulations through the administrative adjudication
2 of violations of municipal ordinances regulating the standing
3 and parking of vehicles, the condition and use of vehicle
4 equipment, and the display of municipal wheel tax licenses
5 within the municipality's borders. The administrative system
6 shall only have authority to adjudicate civil offenses
7 carrying fines not in excess of $250 that occur after the
8 effective date of the ordinance adopting such a system under
9 this Section. For purposes of this Section, "compliance
10 violation" means a violation of a municipal regulation
11 governing the condition or use of equipment on a vehicle or
12 governing the display of a municipal wheel tax license. For
13 purposes of this Section, "automated red light violation"
14 means a violation of subsection (c) of Section 11-306 or a
15 similar offense under a municipal ordinance that is recorded
16 by an automated red light enforcement system.
17 (b) Any ordinance establishing a system of
18 administrative adjudication under this Section shall provide
19 for:
20 (1) A traffic compliance administrator authorized
21 to adopt, distribute and process parking and compliance
22 violation notices and other notices required by this
23 Section, collect money paid as fines and penalties for
24 violation of parking and compliance ordinances, and
25 operate an administrative adjudication system. The
26 traffic compliance administrator also may make a
27 certified report to the Secretary of State under Section
28 6-306.5.
29 (2) A parking, standing, or compliance, or
30 automated red light violation notice that shall specify
31 the date, time, and place of violation of a parking,
32 standing, or compliance, or automated red light
33 regulation; the particular regulation violated; the fine
34 and any penalty that may be assessed for late payment,
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1 when so provided by ordinance; the vehicle make and state
2 registration number; and the identification number of the
3 person issuing the notice. With regard to municipalities
4 with a population of 1 million or more, it shall be
5 grounds for dismissal of a parking violation if the State
6 registration number or vehicle make specified is
7 incorrect. The violation notice shall state that the
8 payment of the indicated fine, and of any applicable
9 penalty for late payment, shall operate as a final
10 disposition of the violation. The notice also shall
11 contain information as to the availability of a hearing
12 in which the violation may be contested on its merits.
13 The violation notice shall specify the time and manner in
14 which a hearing may be had.
15 (3) Service of the parking, standing, or compliance
16 violation notice by affixing the original or a facsimile
17 of the notice to an unlawfully parked vehicle or by
18 handing the notice to the operator of a vehicle if he or
19 she is present and service of an automated red light
20 violation notice by mail to the address of the registered
21 owner of the cited vehicle as recorded with the Secretary
22 of State within 30 days of the violation. A person
23 authorized by ordinance to issue and serve parking,
24 standing, and compliance, or automated red light
25 violation notices shall certify as to the correctness of
26 the facts entered on the violation notice by signing his
27 or her name to the notice at the time of service or in
28 the case of a notice produced by a computerized device,
29 by signing a single certificate to be kept by the traffic
30 compliance administrator attesting to the correctness of
31 all notices produced by the device while it was under his
32 or her control. The original or a facsimile of the
33 violation notice shall be retained by the traffic
34 compliance administrator, and shall be a record kept in
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1 the ordinary course of business. A parking, standing, or
2 or
11 compliance, or automated red light violation notice in
12 which the owner may contest the merits of the alleged
13 violation, and during which formal or technical rules of
14 evidence shall not apply; provided, however, that under
15 Section 11-1306 of this Code the lessee of a vehicle
16 cited in the violation notice likewise shall be provided
17 an opportunity for a hearing of the same kind afforded
18 the registered owner. The hearings shall be recorded,
19 and the person conducting the hearing on behalf of the
20 traffic compliance administrator shall be empowered to
21 administer oaths and to secure by subpoena both the
22 attendance and testimony of witnesses and the production
23 of relevant books and papers. Persons appearing at a
24 hearing under this Section may be represented by counsel
25 at their expense. The ordinance may also provide for
26 internal administrative review following the decision of
27 the hearing officer.
28 (5) Service of additional notices, sent by first
29 class United States mail, postage prepaid, to the address
30 of the registered owner of the cited vehicle as recorded
31 with the Secretary of State or, under Section 11-1306 of
32 this Code, to the lessee of the cited vehicle at the last
33 address known to the lessor of the cited vehicle at the
34 time of lease. The service shall be deemed complete as
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1 of the date of deposit in the United States mail. The
2 notices shall be in the following sequence and shall
3 include but not be limited to the information specified
4 herein:
5 (i) A second notice of violation. This notice
6 shall specify the date and location of the violation
7 cited in the parking, standing, or compliance, or
8 automated red light violation notice, the particular
9 regulation violated, the vehicle make and state
10 registration number, the fine and any penalty that
11 may be assessed for late payment when so provided by
12 ordinance, the availability of a hearing in which
13 the violation may be contested on its merits, and
14 the time and manner in which the hearing may be had.
15 The notice of violation shall also state that
16 failure either to pay the indicated fine and any
17 applicable penalty, or to appear at a hearing on the
18 merits in the time and manner specified, will result
19 in a final determination of violation liability for
20 the cited violation in the amount of the fine or
21 penalty indicated, and that, upon the occurrence of
22 a final determination of violation liability for the
23 failure, and the exhaustion of, or failure to
24 exhaust, available administrative or judicial
25 procedures for review, any unpaid fine or penalty
26 will constitute a debt due and owing the
27 municipality.
28 (ii) A notice of final determination of
29 parking, standing, or compliance, or automated red
30 light violation liability. This notice shall be sent
31 following a final determination of parking,
32 standing, or compliance, or automated red light
33 violation liability and the conclusion of judicial
34 review procedures taken under this Section. The
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1 notice shall state that the unpaid fine or penalty
2 is a debt due and owing the municipality. The
3 notice shall contain warnings that failure to pay
4 any fine or penalty due and owing the municipality
5 within the time specified may result in the
6 municipality's filing of a petition in the Circuit
7 Court to have the unpaid fine or penalty rendered a
8 judgment as provided by this Section, or may result
9 in suspension of the person's drivers license for
10 failure to pay fines or penalties for 10 or more
11 parking violations under Section 6-306.5.
12 (6) A Notice of impending drivers license
13 suspension. This notice shall be sent to the person
14 liable for any fine or penalty that remains due and owing
15 on 10 or more parking violations. The notice shall state
16 that failure to pay the fine or penalty owing within 45
17 days of the notice's date will result in the municipality
18 notifying the Secretary of State that the person is
19 eligible for initiation of suspension proceedings under
20 Section 6-306.5 of this Code. The notice shall also state
21 that the person may obtain a photostatic copy of an
22 original ticket imposing a fine or penalty by sending a
23 self addressed, stamped envelope to the municipality
24 along with a request for the photostatic copy. The
25 notice of impending drivers license suspension shall be
26 sent by first class United States mail, postage prepaid,
27 to the address recorded with the Secretary of State.
28 (7) Final determinations of violation liability. A
29 final determination of violation liability shall occur
30 following failure to pay the fine or penalty after a
31 hearing officer's determination of violation liability
32 and the exhaustion of or failure to exhaust any
33 administrative review procedures provided by ordinance.
34 Where a person fails to appear at a hearing to contest
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1 the alleged violation in the time and manner specified in
2 a prior mailed notice, the hearing officer's
3 determination of violation liability shall become final:
4 (A) upon denial of a timely petition to set aside that
5 determination, or (B) upon expiration of the period for
6 filing the petition without a filing having been made.
7 (8) A petition to set aside a determination of
8 parking, standing, or compliance, or automated red light
9 violation liability that may be filed by a person owing
10 an unpaid fine or penalty. The petition shall be filed
11 with and ruled upon by the traffic compliance
12 administrator in the manner and within the time specified
13 by ordinance. The grounds for the petition may be limited
14 to: (A) the person not having been the owner or lessee
15 of the cited vehicle on the date the violation notice was
16 issued, (B) the person having already paid the fine or
17 penalty for the violation in question, and (C) excusable
18 failure to appear at or request a new date for a hearing.
19 With regard to municipalities with a population of 1
20 million or more, it shall be grounds for dismissal of a
21 parking violation if the State registration number or
22 vehicle make specified is incorrect. After the
23 determination of parking, standing, or compliance, or
24 automated red light violation liability has been set
25 aside upon a showing of just cause, the registered owner
26 shall be provided with a hearing on the merits for that
27 violation.
28 (9) Procedures for non-residents. Procedures by
29 which persons who are not residents of the municipality
30 may contest the merits of the alleged violation without
31 attending a hearing.
32 (10) A schedule of civil fines for violations of
33 vehicular standing, parking, and compliance, and
34 automated red light regulations enacted by ordinance
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1 pursuant to this Section, and a schedule of penalties for
2 late payment of the fines, provided, however, that the
3 total amount of the fine and penalty for any one
4 violation shall not exceed $250.
5 (11) Other provisions as are necessary and proper
6 to carry into effect the powers granted and purposes
7 stated in this Section.
8 (c) Any municipality establishing vehicular standing,
9 parking, and compliance, and automated red light regulations
10 under this Section may also provide by ordinance for a
11 program of vehicle immobilization for the purpose of
12 facilitating enforcement of those regulations. The program
13 of vehicle immobilization shall provide for immobilizing any
14 eligible vehicle upon the public way by presence of a
15 restraint in a manner to prevent operation of the vehicle.
16 Any ordinance establishing a program of vehicle
17 immobilization under this Section shall provide:
18 (1) Criteria for the designation of vehicles
19 eligible for immobilization. A vehicle shall be eligible
20 for immobilization when the registered owner of the
21 vehicle has accumulated the number of unpaid final
22 determinations of parking, standing, or compliance, or
23 automated red light violation liability as determined by
24 ordinance.
25 (2) A notice of impending vehicle immobilization
26 and a right to a hearing to challenge the validity of the
27 notice by disproving liability for the unpaid final
28 determinations of parking, standing, or compliance, or
29 automated red light violation liability listed on the
30 notice.
31 (3) The right to a prompt hearing after a vehicle
32 has been immobilized or subsequently towed without
33 payment of the outstanding fines and penalties on
34 parking, standing, or compliance violations for which
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1 final determinations have been issued. An order issued
2 after the hearing is a final administrative decision
3 within the meaning of Section 3-101 of the Code of Civil
4 Procedure.
5 (4) A post immobilization and post-towing notice
6 advising the registered owner of the vehicle of the right
7 to a hearing to challenge the validity of the
8 impoundment.
9 (d) Judicial review of final determinations of parking,
10 standing, and compliance, and automated red light violations
11 and final administrative decisions issued after hearings
12 regarding vehicle immobilization and impoundment made under
13 this Section shall be subject to the provisions of the
14 Administrative Review Law.
15 (e) Any fine, penalty, or part of any fine or any
16 penalty remaining unpaid after the exhaustion of, or the
17 failure to exhaust, administrative remedies created under
18 this Section and the conclusion of any judicial review
19 procedures shall be a debt due and owing the municipality
20 and, as such, may be collected in accordance with applicable
21 law. Payment in full of any fine or penalty resulting from a
22 standing, parking, or compliance, or automated red light
23 violation shall constitute a final disposition of that
24 violation.
25 (f) After the expiration of the period within which
26 judicial review may be sought for a final determination of
27 parking, standing, or compliance, or automated red light
28 violation, the municipality may commence a proceeding in the
29 Circuit Court for purposes of obtaining a judgment on the
30 final determination of violation. Nothing in this Section
31 shall prevent a municipality from consolidating multiple
32 final determinations of parking, standing, or compliance, or
33 automated red light violation against a person in a
34 proceeding. Upon commencement of the action, the
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1 municipality shall file a certified copy of the final
2 determination of parking, standing, or compliance, or
3 automated red light violation, which shall be accompanied by
4 a certification that recites facts sufficient to show that
5 the final determination of violation was issued in accordance
6 with this Section and the applicable municipal ordinance.
7 Service of the summons and a copy of the petition may be by
8 any method provided by Section 2-203 of the Code of Civil
9 Procedure or by certified mail, return receipt requested,
10 provided that the total amount of fines and penalties for
11 final determinations of parking, standing, or compliance, or
12 automated red light violations does not exceed $2500. If the
13 court is satisfied that the final determination of parking,
14 standing, or compliance, or automated red light violation was
15 entered in accordance with the requirements of this Section
16 and the applicable municipal ordinance, and that the
17 registered owner or the lessee, as the case may be, had an
18 opportunity for an administrative hearing and for judicial
19 review as provided in this Section, the court shall render
20 judgment in favor of the municipality and against the
21 registered owner or the lessee for the amount indicated in
22 the final determination of parking, standing, or compliance,
23 or automated red light violation, plus costs. The judgment
24 shall have the same effect and may be enforced in the same
25 manner as other judgments for the recovery of money.
26 (Source: P.A. 88-415; 88-437; 88-670, eff. 12-2-94; 89-190,
27 eff. 1-1-96.)
28 (625 ILCS 5/11-306) (from Ch. 95 1/2, par. 11-306)
29 Sec. 11-306. Traffic-control signal legend. Whenever
30 traffic is controlled by traffic-control signals exhibiting
31 different colored lights or color lighted arrows,
32 successively one at a time or in combination, only the colors
33 green, red and yellow shall be used, except for special
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1 pedestrian signals carrying a word legend, and the lights
2 shall indicate and apply to drivers of vehicles and
3 pedestrians as follows:
4 (a) Green indication.
5 1. (1) Vehicular traffic facing a circular green
6 signal may proceed straight through or turn right or left
7 unless a sign at such place prohibits either such turn.
8 Vehicular traffic, including vehicles turning right or
9 left, shall yield the right of way to other vehicles and
10 to pedestrians lawfully within the intersection or an
11 adjacent crosswalk at the time such signal is exhibited.
12 2. Vehicular traffic facing a green arrow signal,
13 shown alone or in combination with another indication,
14 may cautiously enter the intersection only to make the
15 movement indicated by such arrow, or such other movement
16 as is permitted by other indications shown at the same
17 time. Such vehicular traffic shall yield the right of
18 way to pedestrians lawfully within an adjacent crosswalk
19 and to other traffic lawfully using the intersection.
20 3. Unless otherwise directed by a
21 pedestrian-control signal, as provided in Section 11-307,
22 pedestrians facing any green signal, except when the sole
23 green signal is a turn arrow, may proceed across the
24 roadway within any marked or unmarked crosswalk.
25 (b) Steady yellow indication.
26 1. Vehicular traffic facing a steady circular
27 yellow or yellow arrow signal is thereby warned that the
28 related green movement is being terminated or that a red
29 indication will be exhibited immediately thereafter.
30 2. Pedestrians facing a steady circular yellow or
31 yellow arrow signal, unless otherwise directed by a
32 pedestrian-control signal as provided in Section 11-307,
33 are thereby advised that there is insufficient time to
34 cross the roadway before a red indication is shown and no
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1 pedestrian shall then start to cross the roadway.
2 (c) Steady red indication.
3 1. Except as provided in paragraph 3 of this
4 subsection (c) of this Section, vehicular traffic facing
5 a steady circular red signal alone shall stop at a
6 clearly marked stop line, but if there is no such stop
7 line, before entering the crosswalk on the near side of
8 the intersection, or if there is no such crosswalk, then
9 before entering the intersection, and shall remain
10 standing until an indication to proceed is shown.
11 2. Except as provided in paragraph 3 of this
12 subsection (c) of this Section, vehicular traffic facing
13 a steady red arrow signal shall not enter the
14 intersection to make the movement indicated by the arrow
15 and, unless entering the intersection to make a movement
16 permitted by another signal, shall stop at a clearly
17 marked stop line, but if there is no such stop line,
18 before entering the crosswalk on the near side of the
19 intersection, or if there is no such crosswalk, then
20 before entering the intersection, and shall remain
21 standing until an indication permitting the movement
22 indicated by such red arrow is shown.
23 3. Except when a sign is in place prohibiting a
24 turn and local authorities by ordinance or State
25 authorities by rule or regulation prohibit any such turn,
26 vehicular traffic facing any steady red signal may
27 cautiously enter the intersection to turn right, or to
28 turn left from a one-way street into a one-way street,
29 after stopping as required by paragraph 1 or paragraph 2
30 of this subsection (c) of this Section. After stopping,
31 the driver shall yield the right of way to any vehicle in
32 the intersection or approaching on another roadway so
33 closely as to constitute an immediate hazard during the
34 time such driver is moving across or within the
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1 intersection or junction or roadways. Such driver shall
2 yield the right of way to pedestrians within the
3 intersection or an adjacent crosswalk.
4 4. Unless otherwise directed by a
5 pedestrian-control signal as provided in Section 11-307,
6 pedestrians facing a steady circular red or red arrow
7 signal alone shall not enter the roadway.
8 5. A municipality with a population of 1,000,000 or
9 more may enact an ordinance that provides for the use of
10 an automated red light enforcement system to enforce
11 violations of this subsection (c) that result in or
12 involve a motor vehicle accident, leaving the scene of a
13 motor vehicle accident, or reckless driving that results
14 in bodily injury, or enters an intersection after the
15 light has turned red.
16 This paragraph 5 is subject to prosecutorial
17 discretion that is consistent with applicable law.
18 6. The owner of a vehicle used in a violation of
19 this subsection (c) shall be liable for the violation if
20 the vehicle was used or operated with the permission of
21 the owner, express or implied, and the violation was
22 recorded by an automated red light enforcement system;
23 however, the owner shall not be liable if:
24 (A) the operator of the vehicle other than the
25 owner has been found guilty of the violation;
26 (B) the violation occurred at any time during
27 which the vehicle was reported to a law enforcement
28 agency as having been stolen and had not been
29 recovered by the owner at the time of the violation;
30 or
31 (C) the violation occurred at any time during
32 which the vehicle was leased to another and, within
33 10 days of receiving notice of the violation, the
34 owner submits to the applicable law enforcement
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1 agency the correct name and address of the lessee of
2 the vehicle at the time of the violation, in which
3 case the lessee of the vehicle at the time of the
4 violation shall be deemed to be the owner of the
5 vehicle for purpose of this subsection (c).
6 (d) In the event an official traffic control signal is
7 erected and maintained at a place other than an intersection,
8 the provisions of this Section shall be applicable except as
9 to provisions which by their nature can have no application.
10 Any stop required shall be at a traffic sign or a marking on
11 the pavement indicating where the stop shall be made or, in
12 the absence of such sign or marking, the stop shall be made
13 at the signal.
14 (e) The motorman of any streetcar shall obey the above
15 signals as applicable to vehicles.
16 (Source: P.A. 90-86, eff. 7-10-97; revised 10-31-98.)