Bill Text: IL HB1018 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that any ordinance establishing a system of administrative adjudication shall provide for the service of notices (rather than "additional notices") to the address of the registered owner of the cited vehicle.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2023-03-10 - Rule 19(a) / Re-referred to Rules Committee [HB1018 Detail]
Download: Illinois-2023-HB1018-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||
5 | changing Section 11-208.3 as follows:
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6 | (625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
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7 | (Text of Section before amendment by P.A. 102-905 ) | |||||||||||||||||||
8 | Sec. 11-208.3. Administrative adjudication of violations | |||||||||||||||||||
9 | of traffic
regulations concerning the standing, parking, or | |||||||||||||||||||
10 | condition of
vehicles, automated traffic law violations, and | |||||||||||||||||||
11 | automated speed enforcement system violations.
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12 | (a) Any municipality or county may provide by ordinance | |||||||||||||||||||
13 | for a system of
administrative adjudication of vehicular | |||||||||||||||||||
14 | standing and parking violations and
vehicle compliance | |||||||||||||||||||
15 | violations as described in this subsection, automated traffic | |||||||||||||||||||
16 | law violations as defined in Section 11-208.6, 11-208.9, or | |||||||||||||||||||
17 | 11-1201.1, and automated speed enforcement system violations | |||||||||||||||||||
18 | as defined in Section 11-208.8.
The administrative system | |||||||||||||||||||
19 | shall have as its purpose the fair and
efficient enforcement | |||||||||||||||||||
20 | of municipal or county regulations through the
administrative | |||||||||||||||||||
21 | adjudication of automated speed enforcement system or | |||||||||||||||||||
22 | automated traffic law violations and violations of municipal | |||||||||||||||||||
23 | or county ordinances
regulating the standing and parking of |
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1 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
2 | display of municipal or county wheel tax licenses within the
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3 | municipality's
or county's borders. The administrative system | ||||||
4 | shall only have authority to adjudicate
civil offenses | ||||||
5 | carrying fines not in excess of $500 or requiring the | ||||||
6 | completion of a traffic education program, or both, that occur | ||||||
7 | after the
effective date of the ordinance adopting such a | ||||||
8 | system under this Section.
For purposes of this Section, | ||||||
9 | "compliance violation" means a violation of a
municipal or | ||||||
10 | county regulation governing the condition or use of equipment | ||||||
11 | on a vehicle
or governing the display of a municipal or county | ||||||
12 | wheel tax license.
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13 | (b) Any ordinance establishing a system of administrative | ||||||
14 | adjudication
under this Section shall provide for:
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15 | (1) A traffic compliance administrator authorized to
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16 | adopt, distribute, and
process parking, compliance, and | ||||||
17 | automated speed enforcement system or automated traffic | ||||||
18 | law violation notices and other notices required
by this
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19 | Section, collect money paid as fines and penalties for | ||||||
20 | violation of parking
and compliance
ordinances and | ||||||
21 | automated speed enforcement system or automated traffic | ||||||
22 | law violations, and operate an administrative adjudication | ||||||
23 | system.
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24 | (2) A parking, standing, compliance, automated speed | ||||||
25 | enforcement system, or automated traffic law violation | ||||||
26 | notice
that
shall specify or include the date,
time, and |
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1 | place of violation of a parking, standing,
compliance, | ||||||
2 | automated speed enforcement system, or automated traffic | ||||||
3 | law
regulation; the particular regulation
violated; any | ||||||
4 | requirement to complete a traffic education program; the | ||||||
5 | fine and any penalty that may be assessed for late payment | ||||||
6 | or failure to complete a required traffic education | ||||||
7 | program, or both,
when so provided by ordinance; the | ||||||
8 | vehicle make or a photograph of the vehicle; the state | ||||||
9 | registration
number of the vehicle; and the identification | ||||||
10 | number of the
person issuing the notice.
With regard to | ||||||
11 | automated speed enforcement system or automated traffic | ||||||
12 | law violations, vehicle make shall be specified on the | ||||||
13 | automated speed enforcement system or automated traffic | ||||||
14 | law violation notice if the notice does not include a | ||||||
15 | photograph of the vehicle and the make is available and | ||||||
16 | readily discernible. With regard to municipalities or | ||||||
17 | counties with a population of 1 million or more, it
shall | ||||||
18 | be grounds for
dismissal of a parking
violation if the | ||||||
19 | state registration number or vehicle make specified is
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20 | incorrect. The violation notice shall state that the | ||||||
21 | completion of any required traffic education program, the | ||||||
22 | payment of any indicated
fine, and the payment of any | ||||||
23 | applicable penalty for late payment or failure to complete | ||||||
24 | a required traffic education program, or both, shall | ||||||
25 | operate as a
final disposition of the violation. The | ||||||
26 | notice also shall contain
information as to the |
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1 | availability of a hearing in which the violation may
be | ||||||
2 | contested on its merits. The violation notice shall | ||||||
3 | specify the
time and manner in which a hearing may be had.
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4 | (3) Service of a parking, standing, or compliance
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5 | violation notice by: (i) affixing the
original or a | ||||||
6 | facsimile of the notice to an unlawfully parked or | ||||||
7 | standing vehicle; (ii)
handing the notice to the operator | ||||||
8 | of a vehicle if he or she is
present; or (iii) mailing the | ||||||
9 | notice to the address of the registered owner or lessee of | ||||||
10 | the cited vehicle as recorded with the Secretary of State | ||||||
11 | or the lessor of the motor vehicle within 30 days after the | ||||||
12 | Secretary of State or the lessor of the motor vehicle | ||||||
13 | notifies the municipality or county of the identity of the | ||||||
14 | owner or lessee of the vehicle, but not later than 90 days | ||||||
15 | after the date of the violation, except that in the case of | ||||||
16 | a lessee of a motor vehicle, service of a parking, | ||||||
17 | standing, or compliance violation notice may occur no | ||||||
18 | later than 210 days after the violation; and service of an | ||||||
19 | automated speed enforcement system or automated traffic | ||||||
20 | law violation notice by mail to the
address
of the | ||||||
21 | registered owner or lessee of the cited vehicle as | ||||||
22 | recorded with the Secretary of
State or the lessor of the | ||||||
23 | motor vehicle within 30 days after the Secretary of State | ||||||
24 | or the lessor of the motor vehicle notifies the | ||||||
25 | municipality or county of the identity of the owner or | ||||||
26 | lessee of the vehicle, but not later than 90 days after the |
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1 | violation, except that in the case of a lessee of a motor | ||||||
2 | vehicle, service of an automated traffic law violation | ||||||
3 | notice may occur no later than 210 days after the | ||||||
4 | violation. A person authorized by ordinance to issue and | ||||||
5 | serve parking,
standing, and compliance
violation notices | ||||||
6 | shall certify as to the correctness of the facts entered
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7 | on the violation notice by signing his or her name to the | ||||||
8 | notice at
the time of service or, in the case of a notice | ||||||
9 | produced by a computerized
device, by signing a single | ||||||
10 | certificate to be kept by the traffic
compliance
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11 | administrator attesting to the correctness of all notices | ||||||
12 | produced by the
device while it was under his or her | ||||||
13 | control. In the case of an automated traffic law | ||||||
14 | violation, the ordinance shall
require
a
determination by | ||||||
15 | a technician employed or contracted by the municipality or | ||||||
16 | county that,
based on inspection of recorded images, the | ||||||
17 | motor vehicle was being operated in
violation of Section | ||||||
18 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | ||||||
19 | the technician determines that the
vehicle entered the | ||||||
20 | intersection as part of a funeral procession or in order | ||||||
21 | to
yield the right-of-way to an emergency vehicle, a | ||||||
22 | citation shall not be issued. In municipalities with a | ||||||
23 | population of less than 1,000,000 inhabitants and counties | ||||||
24 | with a population of less than 3,000,000 inhabitants, the | ||||||
25 | automated traffic law ordinance shall require that all | ||||||
26 | determinations by a technician that a motor vehicle was |
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1 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
2 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
3 | approved by a law enforcement officer or retired law | ||||||
4 | enforcement officer of the municipality or county issuing | ||||||
5 | the violation. In municipalities with a population of | ||||||
6 | 1,000,000 or more inhabitants and counties with a | ||||||
7 | population of 3,000,000 or more inhabitants, the automated | ||||||
8 | traffic law ordinance shall require that all | ||||||
9 | determinations by a technician that a motor vehicle was | ||||||
10 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
11 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
12 | approved by a law enforcement officer or retired law | ||||||
13 | enforcement officer of the municipality or county issuing | ||||||
14 | the violation or by an additional fully trained reviewing | ||||||
15 | technician who is not employed by the contractor who | ||||||
16 | employs the technician who made the initial determination. | ||||||
17 | In the case of an automated speed enforcement system | ||||||
18 | violation, the ordinance shall require a determination by | ||||||
19 | a technician employed by the municipality, based upon an | ||||||
20 | inspection of recorded images, video or other | ||||||
21 | documentation, including documentation of the speed limit | ||||||
22 | and automated speed enforcement signage, and documentation | ||||||
23 | of the inspection, calibration, and certification of the | ||||||
24 | speed equipment, that the vehicle was being operated in | ||||||
25 | violation of Article VI of Chapter 11 of this Code or a | ||||||
26 | similar local ordinance. If the technician determines that |
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1 | the vehicle speed was not determined by a calibrated, | ||||||
2 | certified speed equipment device based upon the speed | ||||||
3 | equipment documentation, or if the vehicle was an | ||||||
4 | emergency vehicle, a citation may not be issued. The | ||||||
5 | automated speed enforcement ordinance shall require that | ||||||
6 | all determinations by a technician that a violation | ||||||
7 | occurred be reviewed and approved by a law enforcement | ||||||
8 | officer or retired law enforcement officer of the | ||||||
9 | municipality issuing the violation or by an additional | ||||||
10 | fully trained reviewing technician who is not employed by | ||||||
11 | the contractor who employs the technician who made the | ||||||
12 | initial determination. Routine and independent calibration | ||||||
13 | of the speeds produced by automated speed enforcement | ||||||
14 | systems and equipment shall be conducted annually by a | ||||||
15 | qualified technician. Speeds produced by an automated | ||||||
16 | speed enforcement system shall be compared with speeds | ||||||
17 | produced by lidar or other independent equipment. Radar or | ||||||
18 | lidar equipment shall undergo an internal validation test | ||||||
19 | no less frequently than once each week. Qualified | ||||||
20 | technicians shall test loop-based equipment no less | ||||||
21 | frequently than once a year. Radar equipment shall be | ||||||
22 | checked for accuracy by a qualified technician when the | ||||||
23 | unit is serviced, when unusual or suspect readings | ||||||
24 | persist, or when deemed necessary by a reviewing | ||||||
25 | technician. Radar equipment shall be checked with the | ||||||
26 | internal frequency generator and the internal circuit test |
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1 | whenever the radar is turned on. Technicians must be alert | ||||||
2 | for any unusual or suspect readings, and if unusual or | ||||||
3 | suspect readings of a radar unit persist, that unit shall | ||||||
4 | immediately be removed from service and not returned to | ||||||
5 | service until it has been checked by a qualified | ||||||
6 | technician and determined to be functioning properly. | ||||||
7 | Documentation of the annual calibration results, including | ||||||
8 | the equipment tested, test date, technician performing the | ||||||
9 | test, and test results, shall be maintained and available | ||||||
10 | for use in the determination of an automated speed | ||||||
11 | enforcement system violation and issuance of a citation. | ||||||
12 | The technician performing the calibration and testing of | ||||||
13 | the automated speed enforcement equipment shall be trained | ||||||
14 | and certified in the use of equipment for speed | ||||||
15 | enforcement purposes. Training on the speed enforcement | ||||||
16 | equipment may be conducted by law enforcement, civilian, | ||||||
17 | or manufacturer's personnel and if applicable may be | ||||||
18 | equivalent to the equipment use and operations training | ||||||
19 | included in the Speed Measuring Device Operator Program | ||||||
20 | developed by the National Highway Traffic Safety | ||||||
21 | Administration (NHTSA). The vendor or technician who | ||||||
22 | performs the work shall keep accurate records on each | ||||||
23 | piece of equipment the technician calibrates and tests. As | ||||||
24 | used in this paragraph, "fully trained reviewing | ||||||
25 | technician" means a person who has received at least 40 | ||||||
26 | hours of supervised training in subjects which shall |
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1 | include image inspection and interpretation, the elements | ||||||
2 | necessary to prove a violation, license plate | ||||||
3 | identification, and traffic safety and management. In all | ||||||
4 | municipalities and counties, the automated speed | ||||||
5 | enforcement system or automated traffic law ordinance | ||||||
6 | shall require that no additional fee shall be charged to | ||||||
7 | the alleged violator for exercising his or her right to an | ||||||
8 | administrative hearing, and persons shall be given at | ||||||
9 | least 25 days following an administrative hearing to pay | ||||||
10 | any civil penalty imposed by a finding that Section | ||||||
11 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
12 | local ordinance has been violated. The original or a
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13 | facsimile of the violation notice or, in the case of a | ||||||
14 | notice produced by a
computerized device, a printed record | ||||||
15 | generated by the device showing the facts
entered on the | ||||||
16 | notice, shall be retained by the
traffic compliance
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17 | administrator, and shall be a record kept in the ordinary | ||||||
18 | course of
business. A parking, standing, compliance, | ||||||
19 | automated speed enforcement system, or automated traffic | ||||||
20 | law violation notice issued,
signed, and served in
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21 | accordance with this Section, a copy of the notice, or the | ||||||
22 | computer-generated record shall be prima facie
correct and | ||||||
23 | shall be prima facie evidence of the correctness of the | ||||||
24 | facts
shown on the notice. The notice, copy, or | ||||||
25 | computer-generated
record shall be admissible in any
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26 | subsequent administrative or legal proceedings.
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1 | (4) An opportunity for a hearing for the registered | ||||||
2 | owner of the
vehicle cited in the parking, standing, | ||||||
3 | compliance, automated speed enforcement system, or | ||||||
4 | automated traffic law violation notice in
which the owner | ||||||
5 | may
contest the merits of the alleged violation, and | ||||||
6 | during which formal or
technical rules of evidence shall | ||||||
7 | not apply; provided, however, that under
Section 11-1306 | ||||||
8 | of this Code the lessee of a vehicle cited in the
violation | ||||||
9 | notice likewise shall be provided an opportunity for a | ||||||
10 | hearing of
the same kind afforded the registered owner. | ||||||
11 | The hearings shall be
recorded, and the person conducting | ||||||
12 | the hearing on behalf of the traffic
compliance
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13 | administrator shall be empowered to administer oaths and | ||||||
14 | to secure by
subpoena both the attendance and testimony of | ||||||
15 | witnesses and the production
of relevant books and papers. | ||||||
16 | Persons appearing at a hearing under this
Section may be | ||||||
17 | represented by counsel at their expense. The ordinance may
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18 | also provide for internal administrative review following | ||||||
19 | the decision of
the hearing officer.
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20 | (5) Service of additional notices, sent by first class | ||||||
21 | United States
mail, postage prepaid, to the address of the | ||||||
22 | registered owner of the cited
vehicle as recorded with the | ||||||
23 | Secretary of State or, if any notice to that address is | ||||||
24 | returned as undeliverable, to the last known address | ||||||
25 | recorded in a United States Post Office approved database,
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26 | or, under Section 11-1306
or subsection (p) of Section |
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1 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
2 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
3 | at the last address known
to the lessor of the cited | ||||||
4 | vehicle at the time of lease or, if any notice to that | ||||||
5 | address is returned as undeliverable, to the last known | ||||||
6 | address recorded in a United States Post Office approved | ||||||
7 | database.
The service shall
be deemed complete as of the | ||||||
8 | date of deposit in the United States mail.
The notices | ||||||
9 | shall be in the following sequence and shall include, but | ||||||
10 | not be
limited to, the information specified herein:
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11 | (i) A second notice of parking, standing, or | ||||||
12 | compliance violation if the first notice of the | ||||||
13 | violation was issued by affixing the original or a | ||||||
14 | facsimile of the notice to the unlawfully parked | ||||||
15 | vehicle or by handing the notice to the operator. This | ||||||
16 | notice shall specify or include the
date and location | ||||||
17 | of the violation cited in the parking,
standing,
or | ||||||
18 | compliance violation
notice, the particular regulation | ||||||
19 | violated, the vehicle
make or a photograph of the | ||||||
20 | vehicle, the state registration number of the vehicle, | ||||||
21 | any requirement to complete a traffic education | ||||||
22 | program, the fine and any penalty that may be
assessed | ||||||
23 | for late payment or failure to complete a traffic | ||||||
24 | education program, or both, when so provided by | ||||||
25 | ordinance, the availability
of a hearing in which the | ||||||
26 | violation may be contested on its merits, and the
time |
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1 | and manner in which the hearing may be had. The notice | ||||||
2 | of violation
shall also state that failure to complete | ||||||
3 | a required traffic education program, to pay the | ||||||
4 | indicated fine and any
applicable penalty, or to | ||||||
5 | appear at a hearing on the merits in the time and
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6 | manner specified, will result in a final determination | ||||||
7 | of violation
liability for the cited violation in the | ||||||
8 | amount of the fine or penalty
indicated, and that, | ||||||
9 | upon the occurrence of a final determination of | ||||||
10 | violation liability for the failure, and the | ||||||
11 | exhaustion of, or
failure to exhaust, available | ||||||
12 | administrative or judicial procedures for
review, any | ||||||
13 | incomplete traffic education program or any unpaid | ||||||
14 | fine or penalty, or both, will constitute a debt due | ||||||
15 | and owing
the municipality or county.
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16 | (ii) A notice of final determination of parking, | ||||||
17 | standing,
compliance, automated speed enforcement | ||||||
18 | system, or automated traffic law violation liability.
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19 | This notice shall be sent following a final | ||||||
20 | determination of parking,
standing, compliance, | ||||||
21 | automated speed enforcement system, or automated | ||||||
22 | traffic law
violation liability and the conclusion of | ||||||
23 | judicial review procedures taken
under this Section. | ||||||
24 | The notice shall state that the incomplete traffic | ||||||
25 | education program or the unpaid fine or
penalty, or | ||||||
26 | both, is a debt due and owing the municipality or |
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1 | county. The notice shall contain
warnings that failure | ||||||
2 | to complete any required traffic education program or | ||||||
3 | to pay any fine or penalty due and owing the
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4 | municipality or county, or both, within the time | ||||||
5 | specified may result in the municipality's
or county's | ||||||
6 | filing of a petition in the Circuit Court to have the | ||||||
7 | incomplete traffic education program or unpaid
fine or | ||||||
8 | penalty, or both, rendered a judgment as provided by | ||||||
9 | this Section, or, where applicable, may
result in | ||||||
10 | suspension of the person's driver's license for | ||||||
11 | failure to complete a traffic education program.
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12 | (6) A notice of impending driver's license suspension. | ||||||
13 | This
notice shall be sent to the person liable for failure | ||||||
14 | to complete a required traffic education program. The | ||||||
15 | notice
shall state that failure to complete a required | ||||||
16 | traffic education program within 45 days of
the notice's | ||||||
17 | date will result in the municipality or county notifying | ||||||
18 | the Secretary
of State that the person is eligible for | ||||||
19 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
20 | of this Code. The notice shall also state
that the person | ||||||
21 | may obtain a photostatic copy of an original ticket | ||||||
22 | imposing a
fine or penalty by sending a self-addressed, | ||||||
23 | stamped envelope to the
municipality or county along with | ||||||
24 | a request for the photostatic copy.
The notice of | ||||||
25 | impending driver's
license suspension shall be sent by | ||||||
26 | first class United States mail,
postage prepaid, to the |
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1 | address recorded with the Secretary of State or, if any | ||||||
2 | notice to that address is returned as undeliverable, to | ||||||
3 | the last known address recorded in a United States Post | ||||||
4 | Office approved database.
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5 | (7) Final determinations of violation liability. A | ||||||
6 | final
determination of violation liability shall occur | ||||||
7 | following failure to complete the required traffic | ||||||
8 | education program or
to pay the fine or penalty, or both, | ||||||
9 | after a hearing officer's determination of violation | ||||||
10 | liability and the exhaustion of or failure to exhaust any
| ||||||
11 | administrative review procedures provided by ordinance. | ||||||
12 | Where a person
fails to appear at a hearing to contest the | ||||||
13 | alleged violation in the time
and manner specified in a | ||||||
14 | prior mailed notice, the hearing officer's
determination | ||||||
15 | of violation liability shall become final: (A) upon
denial | ||||||
16 | of a timely petition to set aside that determination, or | ||||||
17 | (B) upon
expiration of the period for filing the petition | ||||||
18 | without a
filing having been made.
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19 | (8) A petition to set aside a determination of | ||||||
20 | parking, standing,
compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law violation
liability that | ||||||
22 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
23 | petition to set aside a determination of liability may | ||||||
24 | also be filed by a person required to complete a traffic | ||||||
25 | education program.
The petition shall be filed with and | ||||||
26 | ruled upon by the traffic compliance
administrator in the |
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1 | manner and within the time specified by ordinance.
The | ||||||
2 | grounds for the petition may be limited to: (A) the person | ||||||
3 | not having
been the owner or lessee of the cited vehicle on | ||||||
4 | the date the
violation notice was issued, (B) the person | ||||||
5 | having already completed the required traffic education | ||||||
6 | program or paid the fine or
penalty, or both, for the | ||||||
7 | violation in question, and (C) excusable failure to
appear | ||||||
8 | at or
request a new date for a hearing.
With regard to | ||||||
9 | municipalities or counties with a population of 1 million | ||||||
10 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
11 | violation if the state registration number or vehicle | ||||||
12 | make, only if specified in the violation notice, is
| ||||||
13 | incorrect. After the determination of
parking, standing, | ||||||
14 | compliance, automated speed enforcement system, or | ||||||
15 | automated traffic law violation liability has been set | ||||||
16 | aside
upon a showing of just
cause, the registered owner | ||||||
17 | shall be provided with a hearing on the merits
for that | ||||||
18 | violation.
| ||||||
19 | (9) Procedures for non-residents. Procedures by which | ||||||
20 | persons who are
not residents of the municipality or | ||||||
21 | county may contest the merits of the alleged
violation | ||||||
22 | without attending a hearing.
| ||||||
23 | (10) A schedule of civil fines for violations of | ||||||
24 | vehicular standing,
parking, compliance, automated speed | ||||||
25 | enforcement system, or automated traffic law regulations | ||||||
26 | enacted by ordinance pursuant to this
Section, and a
|
| |||||||
| |||||||
1 | schedule of penalties for late payment of the fines or | ||||||
2 | failure to complete required traffic education programs, | ||||||
3 | provided, however,
that the total amount of the fine and | ||||||
4 | penalty for any one violation shall
not exceed $250, | ||||||
5 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
6 | of this Code.
| ||||||
7 | (11) Other provisions as are necessary and proper to | ||||||
8 | carry into
effect the powers granted and purposes stated | ||||||
9 | in this Section.
| ||||||
10 | (c) Any municipality or county establishing vehicular | ||||||
11 | standing, parking,
compliance, automated speed enforcement | ||||||
12 | system, or automated traffic law
regulations under this | ||||||
13 | Section may also provide by ordinance for a
program of vehicle | ||||||
14 | immobilization for the purpose of facilitating
enforcement of | ||||||
15 | those regulations. The program of vehicle
immobilization shall | ||||||
16 | provide for immobilizing any eligible vehicle upon the
public | ||||||
17 | way by presence of a restraint in a manner to prevent operation | ||||||
18 | of
the vehicle. Any ordinance establishing a program of | ||||||
19 | vehicle
immobilization under this Section shall provide:
| ||||||
20 | (1) Criteria for the designation of vehicles eligible | ||||||
21 | for
immobilization. A vehicle shall be eligible for | ||||||
22 | immobilization when the
registered owner of the vehicle | ||||||
23 | has accumulated the number of incomplete traffic education | ||||||
24 | programs or unpaid final
determinations of parking, | ||||||
25 | standing, compliance, automated speed enforcement system, | ||||||
26 | or automated traffic law violation liability, or both, as
|
| |||||||
| |||||||
1 | determined by ordinance.
| ||||||
2 | (2) A notice of impending vehicle immobilization and a | ||||||
3 | right to a
hearing to challenge the validity of the notice | ||||||
4 | by disproving liability
for the incomplete traffic | ||||||
5 | education programs or unpaid final determinations of | ||||||
6 | parking, standing, compliance, automated speed enforcement | ||||||
7 | system, or automated traffic law
violation liability, or | ||||||
8 | both, listed
on the notice.
| ||||||
9 | (3) The right to a prompt hearing after a vehicle has | ||||||
10 | been immobilized
or subsequently towed without the | ||||||
11 | completion of the required traffic education program or | ||||||
12 | payment of the outstanding fines and
penalties on parking, | ||||||
13 | standing, compliance, automated speed enforcement system, | ||||||
14 | or automated traffic law violations, or both, for which | ||||||
15 | final
determinations have been
issued. An order issued | ||||||
16 | after the hearing is a final administrative
decision | ||||||
17 | within the meaning of Section 3-101 of the Code of Civil | ||||||
18 | Procedure.
| ||||||
19 | (4) A post immobilization and post-towing notice | ||||||
20 | advising the registered
owner of the vehicle of the right | ||||||
21 | to a hearing to challenge the validity
of the impoundment.
| ||||||
22 | (d) Judicial review of final determinations of parking, | ||||||
23 | standing,
compliance, automated speed enforcement system, or | ||||||
24 | automated traffic law
violations and final administrative | ||||||
25 | decisions issued after hearings
regarding vehicle | ||||||
26 | immobilization and impoundment made
under this Section shall |
| |||||||
| |||||||
1 | be subject to the provisions of
the Administrative Review Law.
| ||||||
2 | (e) Any fine, penalty, incomplete traffic education | ||||||
3 | program, or part of any fine or any penalty remaining
unpaid | ||||||
4 | after the exhaustion of, or the failure to exhaust, | ||||||
5 | administrative
remedies created under this Section and the | ||||||
6 | conclusion of any judicial
review procedures shall be a debt | ||||||
7 | due and owing the municipality or county and, as
such, may be | ||||||
8 | collected in accordance with applicable law. Completion of any | ||||||
9 | required traffic education program and payment in full
of any | ||||||
10 | fine or penalty resulting from a standing, parking,
| ||||||
11 | compliance, automated speed enforcement system, or automated | ||||||
12 | traffic law violation shall
constitute a final disposition of | ||||||
13 | that violation.
| ||||||
14 | (f) After the expiration of the period within which | ||||||
15 | judicial review may
be sought for a final determination of | ||||||
16 | parking, standing, compliance, automated speed enforcement | ||||||
17 | system, or automated traffic law
violation, the municipality
| ||||||
18 | or county may commence a proceeding in the Circuit Court for | ||||||
19 | purposes of obtaining a
judgment on the final determination of | ||||||
20 | violation. Nothing in this
Section shall prevent a | ||||||
21 | municipality or county from consolidating multiple final
| ||||||
22 | determinations of parking, standing, compliance, automated | ||||||
23 | speed enforcement system, or automated traffic law violations | ||||||
24 | against a
person in a proceeding.
Upon commencement of the | ||||||
25 | action, the municipality or county shall file a certified
copy | ||||||
26 | or record of the final determination of parking, standing, |
| |||||||
| |||||||
1 | compliance, automated speed enforcement system, or automated | ||||||
2 | traffic law
violation, which shall be
accompanied by a | ||||||
3 | certification that recites facts sufficient to show that
the | ||||||
4 | final determination of violation was
issued in accordance with | ||||||
5 | this Section and the applicable municipal
or county ordinance. | ||||||
6 | Service of the summons and a copy of the petition may be by
any | ||||||
7 | method provided by Section 2-203 of the Code of Civil | ||||||
8 | Procedure or by
certified mail, return receipt requested, | ||||||
9 | provided that the total amount of
fines and penalties for | ||||||
10 | final determinations of parking, standing,
compliance, | ||||||
11 | automated speed enforcement system, or automated traffic law | ||||||
12 | violations does not
exceed $2500. If the court is satisfied | ||||||
13 | that the final determination of
parking, standing, compliance, | ||||||
14 | automated speed enforcement system, or automated traffic law | ||||||
15 | violation was entered in accordance with
the requirements of
| ||||||
16 | this Section and the applicable municipal or county ordinance, | ||||||
17 | and that the registered
owner or the lessee, as the case may | ||||||
18 | be, had an opportunity for an
administrative hearing and for | ||||||
19 | judicial review as provided in this Section,
the court shall | ||||||
20 | render judgment in favor of the municipality or county and | ||||||
21 | against
the registered owner or the lessee for the amount | ||||||
22 | indicated in the final
determination of parking, standing, | ||||||
23 | compliance, automated speed enforcement system, or automated | ||||||
24 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
25 | same effect and may be enforced in the same manner as other | ||||||
26 | judgments
for the recovery of money.
|
| |||||||
| |||||||
1 | (g) The fee for participating in a traffic education | ||||||
2 | program under this Section shall not exceed $25. | ||||||
3 | A low-income individual required to complete a traffic | ||||||
4 | education program under this Section who provides proof of | ||||||
5 | eligibility for the federal earned income tax credit under | ||||||
6 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
7 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
8 | Act shall not be required to pay any fee for participating in a | ||||||
9 | required traffic education program. | ||||||
10 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
11 | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
| ||||||
12 | (Text of Section after amendment by P.A. 102-905 ) | ||||||
13 | Sec. 11-208.3. Administrative adjudication of violations | ||||||
14 | of traffic
regulations concerning the standing, parking, or | ||||||
15 | condition of
vehicles, automated traffic law violations, and | ||||||
16 | automated speed enforcement system violations.
| ||||||
17 | (a) Any municipality or county may provide by ordinance | ||||||
18 | for a system of
administrative adjudication of vehicular | ||||||
19 | standing and parking violations and
vehicle compliance | ||||||
20 | violations as described in this subsection, automated traffic | ||||||
21 | law violations as defined in Section 11-208.6, 11-208.9, or | ||||||
22 | 11-1201.1, and automated speed enforcement system violations | ||||||
23 | as defined in Section 11-208.8.
The administrative system | ||||||
24 | shall have as its purpose the fair and
efficient enforcement | ||||||
25 | of municipal or county regulations through the
administrative |
| |||||||
| |||||||
1 | adjudication of automated speed enforcement system or | ||||||
2 | automated traffic law violations and violations of municipal | ||||||
3 | or county ordinances
regulating the standing and parking of | ||||||
4 | vehicles, the condition and use of
vehicle equipment, and the | ||||||
5 | display of municipal or county wheel tax licenses within the
| ||||||
6 | municipality's
or county's borders. The administrative system | ||||||
7 | shall only have authority to adjudicate
civil offenses | ||||||
8 | carrying fines not in excess of $500 or requiring the | ||||||
9 | completion of a traffic education program, or both, that occur | ||||||
10 | after the
effective date of the ordinance adopting such a | ||||||
11 | system under this Section.
For purposes of this Section, | ||||||
12 | "compliance violation" means a violation of a
municipal or | ||||||
13 | county regulation governing the condition or use of equipment | ||||||
14 | on a vehicle
or governing the display of a municipal or county | ||||||
15 | wheel tax license.
| ||||||
16 | (b) Any ordinance establishing a system of administrative | ||||||
17 | adjudication
under this Section shall provide for:
| ||||||
18 | (1) A traffic compliance administrator authorized to
| ||||||
19 | adopt, distribute, and
process parking, compliance, and | ||||||
20 | automated speed enforcement system or automated traffic | ||||||
21 | law violation notices and other notices required
by this
| ||||||
22 | Section, collect money paid as fines and penalties for | ||||||
23 | violation of parking
and compliance
ordinances and | ||||||
24 | automated speed enforcement system or automated traffic | ||||||
25 | law violations, and operate an administrative adjudication | ||||||
26 | system.
|
| |||||||
| |||||||
1 | (2) A parking, standing, compliance, automated speed | ||||||
2 | enforcement system, or automated traffic law violation | ||||||
3 | notice
that
shall specify or include the date,
time, and | ||||||
4 | place of violation of a parking, standing,
compliance, | ||||||
5 | automated speed enforcement system, or automated traffic | ||||||
6 | law
regulation; the particular regulation
violated; any | ||||||
7 | requirement to complete a traffic education program; the | ||||||
8 | fine and any penalty that may be assessed for late payment | ||||||
9 | or failure to complete a required traffic education | ||||||
10 | program, or both,
when so provided by ordinance; the | ||||||
11 | vehicle make or a photograph of the vehicle; the state | ||||||
12 | registration
number of the vehicle; and the identification | ||||||
13 | number of the
person issuing the notice.
With regard to | ||||||
14 | automated speed enforcement system or automated traffic | ||||||
15 | law violations, vehicle make shall be specified on the | ||||||
16 | automated speed enforcement system or automated traffic | ||||||
17 | law violation notice if the notice does not include a | ||||||
18 | photograph of the vehicle and the make is available and | ||||||
19 | readily discernible. With regard to municipalities or | ||||||
20 | counties with a population of 1 million or more, it
shall | ||||||
21 | be grounds for
dismissal of a parking
violation if the | ||||||
22 | state registration number or vehicle make specified is
| ||||||
23 | incorrect. The violation notice shall state that the | ||||||
24 | completion of any required traffic education program, the | ||||||
25 | payment of any indicated
fine, and the payment of any | ||||||
26 | applicable penalty for late payment or failure to complete |
| |||||||
| |||||||
1 | a required traffic education program, or both, shall | ||||||
2 | operate as a
final disposition of the violation. The | ||||||
3 | notice also shall contain
information as to the | ||||||
4 | availability of a hearing in which the violation may
be | ||||||
5 | contested on its merits. The violation notice shall | ||||||
6 | specify the
time and manner in which a hearing may be had.
| ||||||
7 | (3) Service of a parking, standing, or compliance
| ||||||
8 | violation notice by: (i) affixing the
original or a | ||||||
9 | facsimile of the notice to an unlawfully parked or | ||||||
10 | standing vehicle; (ii)
handing the notice to the operator | ||||||
11 | of a vehicle if he or she is
present; or (iii) mailing the | ||||||
12 | notice to the address of the registered owner or lessee of | ||||||
13 | the cited vehicle as recorded with the Secretary of State | ||||||
14 | or the lessor of the motor vehicle within 30 days after the | ||||||
15 | Secretary of State or the lessor of the motor vehicle | ||||||
16 | notifies the municipality or county of the identity of the | ||||||
17 | owner or lessee of the vehicle, but not later than 90 days | ||||||
18 | after the date of the violation, except that in the case of | ||||||
19 | a lessee of a motor vehicle, service of a parking, | ||||||
20 | standing, or compliance violation notice may occur no | ||||||
21 | later than 210 days after the violation; and service of an | ||||||
22 | automated speed enforcement system or automated traffic | ||||||
23 | law violation notice by mail to the
address
of the | ||||||
24 | registered owner or lessee of the cited vehicle as | ||||||
25 | recorded with the Secretary of
State or the lessor of the | ||||||
26 | motor vehicle within 30 days after the Secretary of State |
| |||||||
| |||||||
1 | or the lessor of the motor vehicle notifies the | ||||||
2 | municipality or county of the identity of the owner or | ||||||
3 | lessee of the vehicle, but not later than 90 days after the | ||||||
4 | violation, except that in the case of a lessee of a motor | ||||||
5 | vehicle, service of an automated traffic law violation | ||||||
6 | notice may occur no later than 210 days after the | ||||||
7 | violation. A person authorized by ordinance to issue and | ||||||
8 | serve parking,
standing, and compliance
violation notices | ||||||
9 | shall certify as to the correctness of the facts entered
| ||||||
10 | on the violation notice by signing his or her name to the | ||||||
11 | notice at
the time of service or, in the case of a notice | ||||||
12 | produced by a computerized
device, by signing a single | ||||||
13 | certificate to be kept by the traffic
compliance
| ||||||
14 | administrator attesting to the correctness of all notices | ||||||
15 | produced by the
device while it was under his or her | ||||||
16 | control. In the case of an automated traffic law | ||||||
17 | violation, the ordinance shall
require
a
determination by | ||||||
18 | a technician employed or contracted by the municipality or | ||||||
19 | county that,
based on inspection of recorded images, the | ||||||
20 | motor vehicle was being operated in
violation of Section | ||||||
21 | 11-208.6, 11-208.9, or 11-1201.1 or a local ordinance.
If | ||||||
22 | the technician determines that the
vehicle entered the | ||||||
23 | intersection as part of a funeral procession or in order | ||||||
24 | to
yield the right-of-way to an emergency vehicle, a | ||||||
25 | citation shall not be issued. In municipalities with a | ||||||
26 | population of less than 1,000,000 inhabitants and counties |
| |||||||
| |||||||
1 | with a population of less than 3,000,000 inhabitants, the | ||||||
2 | automated traffic law ordinance shall require that all | ||||||
3 | determinations by a technician that a motor vehicle was | ||||||
4 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
5 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
6 | approved by a law enforcement officer or retired law | ||||||
7 | enforcement officer of the municipality or county issuing | ||||||
8 | the violation. In municipalities with a population of | ||||||
9 | 1,000,000 or more inhabitants and counties with a | ||||||
10 | population of 3,000,000 or more inhabitants, the automated | ||||||
11 | traffic law ordinance shall require that all | ||||||
12 | determinations by a technician that a motor vehicle was | ||||||
13 | being operated in
violation of Section 11-208.6, 11-208.9, | ||||||
14 | or 11-1201.1 or a local ordinance must be reviewed and | ||||||
15 | approved by a law enforcement officer or retired law | ||||||
16 | enforcement officer of the municipality or county issuing | ||||||
17 | the violation or by an additional fully trained reviewing | ||||||
18 | technician who is not employed by the contractor who | ||||||
19 | employs the technician who made the initial determination. | ||||||
20 | In the case of an automated speed enforcement system | ||||||
21 | violation, the ordinance shall require a determination by | ||||||
22 | a technician employed by the municipality, based upon an | ||||||
23 | inspection of recorded images, video or other | ||||||
24 | documentation, including documentation of the speed limit | ||||||
25 | and automated speed enforcement signage, and documentation | ||||||
26 | of the inspection, calibration, and certification of the |
| |||||||
| |||||||
1 | speed equipment, that the vehicle was being operated in | ||||||
2 | violation of Article VI of Chapter 11 of this Code or a | ||||||
3 | similar local ordinance. If the technician determines that | ||||||
4 | the vehicle speed was not determined by a calibrated, | ||||||
5 | certified speed equipment device based upon the speed | ||||||
6 | equipment documentation, or if the vehicle was an | ||||||
7 | emergency vehicle, a citation may not be issued. The | ||||||
8 | automated speed enforcement ordinance shall require that | ||||||
9 | all determinations by a technician that a violation | ||||||
10 | occurred be reviewed and approved by a law enforcement | ||||||
11 | officer or retired law enforcement officer of the | ||||||
12 | municipality issuing the violation or by an additional | ||||||
13 | fully trained reviewing technician who is not employed by | ||||||
14 | the contractor who employs the technician who made the | ||||||
15 | initial determination. Routine and independent calibration | ||||||
16 | of the speeds produced by automated speed enforcement | ||||||
17 | systems and equipment shall be conducted annually by a | ||||||
18 | qualified technician. Speeds produced by an automated | ||||||
19 | speed enforcement system shall be compared with speeds | ||||||
20 | produced by lidar or other independent equipment. Radar or | ||||||
21 | lidar equipment shall undergo an internal validation test | ||||||
22 | no less frequently than once each week. Qualified | ||||||
23 | technicians shall test loop-based equipment no less | ||||||
24 | frequently than once a year. Radar equipment shall be | ||||||
25 | checked for accuracy by a qualified technician when the | ||||||
26 | unit is serviced, when unusual or suspect readings |
| |||||||
| |||||||
1 | persist, or when deemed necessary by a reviewing | ||||||
2 | technician. Radar equipment shall be checked with the | ||||||
3 | internal frequency generator and the internal circuit test | ||||||
4 | whenever the radar is turned on. Technicians must be alert | ||||||
5 | for any unusual or suspect readings, and if unusual or | ||||||
6 | suspect readings of a radar unit persist, that unit shall | ||||||
7 | immediately be removed from service and not returned to | ||||||
8 | service until it has been checked by a qualified | ||||||
9 | technician and determined to be functioning properly. | ||||||
10 | Documentation of the annual calibration results, including | ||||||
11 | the equipment tested, test date, technician performing the | ||||||
12 | test, and test results, shall be maintained and available | ||||||
13 | for use in the determination of an automated speed | ||||||
14 | enforcement system violation and issuance of a citation. | ||||||
15 | The technician performing the calibration and testing of | ||||||
16 | the automated speed enforcement equipment shall be trained | ||||||
17 | and certified in the use of equipment for speed | ||||||
18 | enforcement purposes. Training on the speed enforcement | ||||||
19 | equipment may be conducted by law enforcement, civilian, | ||||||
20 | or manufacturer's personnel and if applicable may be | ||||||
21 | equivalent to the equipment use and operations training | ||||||
22 | included in the Speed Measuring Device Operator Program | ||||||
23 | developed by the National Highway Traffic Safety | ||||||
24 | Administration (NHTSA). The vendor or technician who | ||||||
25 | performs the work shall keep accurate records on each | ||||||
26 | piece of equipment the technician calibrates and tests. As |
| |||||||
| |||||||
1 | used in this paragraph, "fully trained reviewing | ||||||
2 | technician" means a person who has received at least 40 | ||||||
3 | hours of supervised training in subjects which shall | ||||||
4 | include image inspection and interpretation, the elements | ||||||
5 | necessary to prove a violation, license plate | ||||||
6 | identification, and traffic safety and management. In all | ||||||
7 | municipalities and counties, the automated speed | ||||||
8 | enforcement system or automated traffic law ordinance | ||||||
9 | shall require that no additional fee shall be charged to | ||||||
10 | the alleged violator for exercising his or her right to an | ||||||
11 | administrative hearing, and persons shall be given at | ||||||
12 | least 25 days following an administrative hearing to pay | ||||||
13 | any civil penalty imposed by a finding that Section | ||||||
14 | 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar | ||||||
15 | local ordinance has been violated. The original or a
| ||||||
16 | facsimile of the violation notice or, in the case of a | ||||||
17 | notice produced by a
computerized device, a printed record | ||||||
18 | generated by the device showing the facts
entered on the | ||||||
19 | notice, shall be retained by the
traffic compliance
| ||||||
20 | administrator, and shall be a record kept in the ordinary | ||||||
21 | course of
business. A parking, standing, compliance, | ||||||
22 | automated speed enforcement system, or automated traffic | ||||||
23 | law violation notice issued,
signed, and served in
| ||||||
24 | accordance with this Section, a copy of the notice, or the | ||||||
25 | computer-generated record shall be prima facie
correct and | ||||||
26 | shall be prima facie evidence of the correctness of the |
| |||||||
| |||||||
1 | facts
shown on the notice. The notice, copy, or | ||||||
2 | computer-generated
record shall be admissible in any
| ||||||
3 | subsequent administrative or legal proceedings.
| ||||||
4 | (4) An opportunity for a hearing for the registered | ||||||
5 | owner of the
vehicle cited in the parking, standing, | ||||||
6 | compliance, automated speed enforcement system, or | ||||||
7 | automated traffic law violation notice in
which the owner | ||||||
8 | may
contest the merits of the alleged violation, and | ||||||
9 | during which formal or
technical rules of evidence shall | ||||||
10 | not apply; provided, however, that under
Section 11-1306 | ||||||
11 | of this Code the lessee of a vehicle cited in the
violation | ||||||
12 | notice likewise shall be provided an opportunity for a | ||||||
13 | hearing of
the same kind afforded the registered owner. | ||||||
14 | The hearings shall be
recorded, and the person conducting | ||||||
15 | the hearing on behalf of the traffic
compliance
| ||||||
16 | administrator shall be empowered to administer oaths and | ||||||
17 | to secure by
subpoena both the attendance and testimony of | ||||||
18 | witnesses and the production
of relevant books and papers. | ||||||
19 | Persons appearing at a hearing under this
Section may be | ||||||
20 | represented by counsel at their expense. The ordinance may
| ||||||
21 | also provide for internal administrative review following | ||||||
22 | the decision of
the hearing officer.
| ||||||
23 | (5) Service of additional notices, sent by first class | ||||||
24 | United States
mail, postage prepaid, to the address of the | ||||||
25 | registered owner of the cited
vehicle as recorded with the | ||||||
26 | Secretary of State or, if any notice to that address is |
| |||||||
| |||||||
1 | returned as undeliverable, to the last known address | ||||||
2 | recorded in a United States Post Office approved database,
| ||||||
3 | or, under Section 11-1306
or subsection (p) of Section | ||||||
4 | 11-208.6 or 11-208.9, or subsection (p) of Section | ||||||
5 | 11-208.8 of this Code, to the lessee of the cited vehicle | ||||||
6 | at the last address known
to the lessor of the cited | ||||||
7 | vehicle at the time of lease or, if any notice to that | ||||||
8 | address is returned as undeliverable, to the last known | ||||||
9 | address recorded in a United States Post Office approved | ||||||
10 | database.
The service shall
be deemed complete as of the | ||||||
11 | date of deposit in the United States mail.
The notices | ||||||
12 | shall be in the following sequence and shall include, but | ||||||
13 | not be
limited to, the information specified herein:
| ||||||
14 | (i) A second notice of parking, standing, or | ||||||
15 | compliance violation if the first notice of the | ||||||
16 | violation was issued by affixing the original or a | ||||||
17 | facsimile of the notice to the unlawfully parked | ||||||
18 | vehicle or by handing the notice to the operator. This | ||||||
19 | notice shall specify or include the
date and location | ||||||
20 | of the violation cited in the parking,
standing,
or | ||||||
21 | compliance violation
notice, the particular regulation | ||||||
22 | violated, the vehicle
make or a photograph of the | ||||||
23 | vehicle, the state registration number of the vehicle, | ||||||
24 | any requirement to complete a traffic education | ||||||
25 | program, the fine and any penalty that may be
assessed | ||||||
26 | for late payment or failure to complete a traffic |
| |||||||
| |||||||
1 | education program, or both, when so provided by | ||||||
2 | ordinance, the availability
of a hearing in which the | ||||||
3 | violation may be contested on its merits, and the
time | ||||||
4 | and manner in which the hearing may be had. The notice | ||||||
5 | of violation
shall also state that failure to complete | ||||||
6 | a required traffic education program, to pay the | ||||||
7 | indicated fine and any
applicable penalty, or to | ||||||
8 | appear at a hearing on the merits in the time and
| ||||||
9 | manner specified, will result in a final determination | ||||||
10 | of violation
liability for the cited violation in the | ||||||
11 | amount of the fine or penalty
indicated, and that, | ||||||
12 | upon the occurrence of a final determination of | ||||||
13 | violation liability for the failure, and the | ||||||
14 | exhaustion of, or
failure to exhaust, available | ||||||
15 | administrative or judicial procedures for
review, any | ||||||
16 | incomplete traffic education program or any unpaid | ||||||
17 | fine or penalty, or both, will constitute a debt due | ||||||
18 | and owing
the municipality or county.
| ||||||
19 | (ii) A notice of final determination of parking, | ||||||
20 | standing,
compliance, automated speed enforcement | ||||||
21 | system, or automated traffic law violation liability.
| ||||||
22 | This notice shall be sent following a final | ||||||
23 | determination of parking,
standing, compliance, | ||||||
24 | automated speed enforcement system, or automated | ||||||
25 | traffic law
violation liability and the conclusion of | ||||||
26 | judicial review procedures taken
under this Section. |
| |||||||
| |||||||
1 | The notice shall state that the incomplete traffic | ||||||
2 | education program or the unpaid fine or
penalty, or | ||||||
3 | both, is a debt due and owing the municipality or | ||||||
4 | county. The notice shall contain
warnings that failure | ||||||
5 | to complete any required traffic education program or | ||||||
6 | to pay any fine or penalty due and owing the
| ||||||
7 | municipality or county, or both, within the time | ||||||
8 | specified may result in the municipality's
or county's | ||||||
9 | filing of a petition in the Circuit Court to have the | ||||||
10 | incomplete traffic education program or unpaid
fine or | ||||||
11 | penalty, or both, rendered a judgment as provided by | ||||||
12 | this Section, or, where applicable, may
result in | ||||||
13 | suspension of the person's driver's license for | ||||||
14 | failure to complete a traffic education program.
| ||||||
15 | (6) A notice of impending driver's license suspension. | ||||||
16 | This
notice shall be sent to the person liable for failure | ||||||
17 | to complete a required traffic education program. The | ||||||
18 | notice
shall state that failure to complete a required | ||||||
19 | traffic education program within 45 days of
the notice's | ||||||
20 | date will result in the municipality or county notifying | ||||||
21 | the Secretary
of State that the person is eligible for | ||||||
22 | initiation of suspension
proceedings under Section 6-306.5 | ||||||
23 | of this Code. The notice shall also state
that the person | ||||||
24 | may obtain a photostatic copy of an original ticket | ||||||
25 | imposing a
fine or penalty by sending a self-addressed, | ||||||
26 | stamped envelope to the
municipality or county along with |
| |||||||
| |||||||
1 | a request for the photostatic copy.
The notice of | ||||||
2 | impending driver's
license suspension shall be sent by | ||||||
3 | first class United States mail,
postage prepaid, to the | ||||||
4 | address recorded with the Secretary of State or, if any | ||||||
5 | notice to that address is returned as undeliverable, to | ||||||
6 | the last known address recorded in a United States Post | ||||||
7 | Office approved database.
| ||||||
8 | (7) Final determinations of violation liability. A | ||||||
9 | final
determination of violation liability shall occur | ||||||
10 | following failure to complete the required traffic | ||||||
11 | education program or
to pay the fine or penalty, or both, | ||||||
12 | after a hearing officer's determination of violation | ||||||
13 | liability and the exhaustion of or failure to exhaust any
| ||||||
14 | administrative review procedures provided by ordinance. | ||||||
15 | Where a person
fails to appear at a hearing to contest the | ||||||
16 | alleged violation in the time
and manner specified in a | ||||||
17 | prior mailed notice, the hearing officer's
determination | ||||||
18 | of violation liability shall become final: (A) upon
denial | ||||||
19 | of a timely petition to set aside that determination, or | ||||||
20 | (B) upon
expiration of the period for filing the petition | ||||||
21 | without a
filing having been made.
| ||||||
22 | (8) A petition to set aside a determination of | ||||||
23 | parking, standing,
compliance, automated speed enforcement | ||||||
24 | system, or automated traffic law violation
liability that | ||||||
25 | may be filed by a person owing an unpaid fine or penalty. A | ||||||
26 | petition to set aside a determination of liability may |
| |||||||
| |||||||
1 | also be filed by a person required to complete a traffic | ||||||
2 | education program.
The petition shall be filed with and | ||||||
3 | ruled upon by the traffic compliance
administrator in the | ||||||
4 | manner and within the time specified by ordinance.
The | ||||||
5 | grounds for the petition may be limited to: (A) the person | ||||||
6 | not having
been the owner or lessee of the cited vehicle on | ||||||
7 | the date the
violation notice was issued, (B) the person | ||||||
8 | having already completed the required traffic education | ||||||
9 | program or paid the fine or
penalty, or both, for the | ||||||
10 | violation in question, and (C) excusable failure to
appear | ||||||
11 | at or
request a new date for a hearing.
With regard to | ||||||
12 | municipalities or counties with a population of 1 million | ||||||
13 | or more, it
shall be grounds for
dismissal of a
parking | ||||||
14 | violation if the state registration number or vehicle | ||||||
15 | make, only if specified in the violation notice, is
| ||||||
16 | incorrect. After the determination of
parking, standing, | ||||||
17 | compliance, automated speed enforcement system, or | ||||||
18 | automated traffic law violation liability has been set | ||||||
19 | aside
upon a showing of just
cause, the registered owner | ||||||
20 | shall be provided with a hearing on the merits
for that | ||||||
21 | violation.
| ||||||
22 | (9) Procedures for non-residents. Procedures by which | ||||||
23 | persons who are
not residents of the municipality or | ||||||
24 | county may contest the merits of the alleged
violation | ||||||
25 | without attending a hearing.
| ||||||
26 | (10) A schedule of civil fines for violations of |
| |||||||
| |||||||
1 | vehicular standing,
parking, compliance, automated speed | ||||||
2 | enforcement system, or automated traffic law regulations | ||||||
3 | enacted by ordinance pursuant to this
Section, and a
| ||||||
4 | schedule of penalties for late payment of the fines or | ||||||
5 | failure to complete required traffic education programs, | ||||||
6 | provided, however,
that the total amount of the fine and | ||||||
7 | penalty for any one violation shall
not exceed $250, | ||||||
8 | except as provided in subsection (c) of Section 11-1301.3 | ||||||
9 | of this Code.
| ||||||
10 | (11) Other provisions as are necessary and proper to | ||||||
11 | carry into
effect the powers granted and purposes stated | ||||||
12 | in this Section.
| ||||||
13 | (c) Any municipality or county establishing vehicular | ||||||
14 | standing, parking,
compliance, automated speed enforcement | ||||||
15 | system, or automated traffic law
regulations under this | ||||||
16 | Section may also provide by ordinance for a
program of vehicle | ||||||
17 | immobilization for the purpose of facilitating
enforcement of | ||||||
18 | those regulations. The program of vehicle
immobilization shall | ||||||
19 | provide for immobilizing any eligible vehicle upon the
public | ||||||
20 | way by presence of a restraint in a manner to prevent operation | ||||||
21 | of
the vehicle. Any ordinance establishing a program of | ||||||
22 | vehicle
immobilization under this Section shall provide:
| ||||||
23 | (1) Criteria for the designation of vehicles eligible | ||||||
24 | for
immobilization. A vehicle shall be eligible for | ||||||
25 | immobilization when the
registered owner of the vehicle | ||||||
26 | has accumulated the number of incomplete traffic education |
| |||||||
| |||||||
1 | programs or unpaid final
determinations of parking, | ||||||
2 | standing, compliance, automated speed enforcement system, | ||||||
3 | or automated traffic law violation liability, or both, as
| ||||||
4 | determined by ordinance.
| ||||||
5 | (2) A notice of impending vehicle immobilization and a | ||||||
6 | right to a
hearing to challenge the validity of the notice | ||||||
7 | by disproving liability
for the incomplete traffic | ||||||
8 | education programs or unpaid final determinations of | ||||||
9 | parking, standing, compliance, automated speed enforcement | ||||||
10 | system, or automated traffic law
violation liability, or | ||||||
11 | both, listed
on the notice.
| ||||||
12 | (3) The right to a prompt hearing after a vehicle has | ||||||
13 | been immobilized
or subsequently towed without the | ||||||
14 | completion of the required traffic education program or | ||||||
15 | payment of the outstanding fines and
penalties on parking, | ||||||
16 | standing, compliance, automated speed enforcement system, | ||||||
17 | or automated traffic law violations, or both, for which | ||||||
18 | final
determinations have been
issued. An order issued | ||||||
19 | after the hearing is a final administrative
decision | ||||||
20 | within the meaning of Section 3-101 of the Code of Civil | ||||||
21 | Procedure.
| ||||||
22 | (4) A post immobilization and post-towing notice | ||||||
23 | advising the registered
owner of the vehicle of the right | ||||||
24 | to a hearing to challenge the validity
of the impoundment.
| ||||||
25 | (d) Judicial review of final determinations of parking, | ||||||
26 | standing,
compliance, automated speed enforcement system, or |
| |||||||
| |||||||
1 | automated traffic law
violations and final administrative | ||||||
2 | decisions issued after hearings
regarding vehicle | ||||||
3 | immobilization and impoundment made
under this Section shall | ||||||
4 | be subject to the provisions of
the Administrative Review Law.
| ||||||
5 | (e) Any fine, penalty, incomplete traffic education | ||||||
6 | program, or part of any fine or any penalty remaining
unpaid | ||||||
7 | after the exhaustion of, or the failure to exhaust, | ||||||
8 | administrative
remedies created under this Section and the | ||||||
9 | conclusion of any judicial
review procedures shall be a debt | ||||||
10 | due and owing the municipality or county and, as
such, may be | ||||||
11 | collected in accordance with applicable law. Completion of any | ||||||
12 | required traffic education program and payment in full
of any | ||||||
13 | fine or penalty resulting from a standing, parking,
| ||||||
14 | compliance, automated speed enforcement system, or automated | ||||||
15 | traffic law violation shall
constitute a final disposition of | ||||||
16 | that violation.
| ||||||
17 | (f) After the expiration of the period within which | ||||||
18 | judicial review may
be sought for a final determination of | ||||||
19 | parking, standing, compliance, automated speed enforcement | ||||||
20 | system, or automated traffic law
violation, the municipality
| ||||||
21 | or county may commence a proceeding in the Circuit Court for | ||||||
22 | purposes of obtaining a
judgment on the final determination of | ||||||
23 | violation. Nothing in this
Section shall prevent a | ||||||
24 | municipality or county from consolidating multiple final
| ||||||
25 | determinations of parking, standing, compliance, automated | ||||||
26 | speed enforcement system, or automated traffic law violations |
| |||||||
| |||||||
1 | against a
person in a proceeding.
Upon commencement of the | ||||||
2 | action, the municipality or county shall file a certified
copy | ||||||
3 | or record of the final determination of parking, standing, | ||||||
4 | compliance, automated speed enforcement system, or automated | ||||||
5 | traffic law
violation, which shall be
accompanied by a | ||||||
6 | certification that recites facts sufficient to show that
the | ||||||
7 | final determination of violation was
issued in accordance with | ||||||
8 | this Section and the applicable municipal
or county ordinance. | ||||||
9 | Service of the summons and a copy of the petition may be by
any | ||||||
10 | method provided by Section 2-203 of the Code of Civil | ||||||
11 | Procedure or by
certified mail, return receipt requested, | ||||||
12 | provided that the total amount of
fines and penalties for | ||||||
13 | final determinations of parking, standing,
compliance, | ||||||
14 | automated speed enforcement system, or automated traffic law | ||||||
15 | violations does not
exceed $2500. If the court is satisfied | ||||||
16 | that the final determination of
parking, standing, compliance, | ||||||
17 | automated speed enforcement system, or automated traffic law | ||||||
18 | violation was entered in accordance with
the requirements of
| ||||||
19 | this Section and the applicable municipal or county ordinance, | ||||||
20 | and that the registered
owner or the lessee, as the case may | ||||||
21 | be, had an opportunity for an
administrative hearing and for | ||||||
22 | judicial review as provided in this Section,
the court shall | ||||||
23 | render judgment in favor of the municipality or county and | ||||||
24 | against
the registered owner or the lessee for the amount | ||||||
25 | indicated in the final
determination of parking, standing, | ||||||
26 | compliance, automated speed enforcement system, or automated |
| |||||||
| |||||||
1 | traffic law violation, plus costs.
The judgment shall have
the | ||||||
2 | same effect and may be enforced in the same manner as other | ||||||
3 | judgments
for the recovery of money.
| ||||||
4 | (g) The fee for participating in a traffic education | ||||||
5 | program under this Section shall not exceed $25. | ||||||
6 | A low-income individual required to complete a traffic | ||||||
7 | education program under this Section who provides proof of | ||||||
8 | eligibility for the federal earned income tax credit under | ||||||
9 | Section 32 of the Internal Revenue Code or the Illinois earned | ||||||
10 | income tax credit under Section 212 of the Illinois Income Tax | ||||||
11 | Act shall not be required to pay any fee for participating in a | ||||||
12 | required traffic education program. | ||||||
13 | (h) Notwithstanding any other provision of law to the | ||||||
14 | contrary, a person shall not be liable for violations, fees, | ||||||
15 | fines, or penalties under this Section during the period in | ||||||
16 | which the motor vehicle was stolen or hijacked, as indicated | ||||||
17 | in a report to the appropriate law enforcement agency filed in | ||||||
18 | a timely manner. | ||||||
19 | (Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20; | ||||||
20 | 101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff. | ||||||
21 | 1-1-23.)
| ||||||
22 | Section 95. No acceleration or delay. Where this Act makes | ||||||
23 | changes in a statute that is represented in this Act by text | ||||||
24 | that is not yet or no longer in effect (for example, a Section | ||||||
25 | represented by multiple versions), the use of that text does |
| |||||||
| |||||||
1 | not accelerate or delay the taking effect of (i) the changes | ||||||
2 | made by this Act or (ii) provisions derived from any other | ||||||
3 | Public Act.
|