Bill Text: IL SB3603 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Provides that a municipality, county, or township may enact an ordinance providing for administrative and civil fines to enforce violations of provisions concerning fleeing or attempting to elude a peace officer or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation. Makes corresponding changes.

Spectrum: Bipartisan Bill

Status: (Introduced) 2024-03-07 - Added as Chief Co-Sponsor Sen. Jason Plummer [SB3603 Detail]

Download: Illinois-2023-SB3603-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3603 Introduced 2/9/2024, by Sen. Mary Edly-Allen SYNOPSIS AS INTRODUCED:
625 ILCS 5/11-208 from Ch. 95 1/2, par. 11-208
625 ILCS 5/11-208.3 from Ch. 95 1/2, par. 11-208.3
Amends the Illinois Vehicle Code. Provides that a municipality, county, or township may enact an ordinance providing for administrative and civil fines to enforce violations of provisions concerning fleeing or attempting to elude a peace officer or a similar provision of a local ordinance and imposing liability on a registered owner or lessee of a vehicle used in such a violation. Makes corresponding changes.
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A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Sections 11-208 and 11-208.3 as follows:
(625 ILCS 5/11-208) (from Ch. 95 1/2, par. 11-208)
Sec. 11-208. Powers of local authorities.
(a) The provisions of this Code shall not be deemed to
prevent local authorities with respect to streets and highways
under their jurisdiction and within the reasonable exercise of
the police power from:
1. Regulating the standing or parking of vehicles,
except as limited by Sections 11-1306 and 11-1307 of this
Act;
2. Regulating traffic by means of police officers or
traffic control signals;
3. Regulating or prohibiting processions or
assemblages on the highways; and certifying persons to
control traffic for processions or assemblages;
4. Designating particular highways as one-way highways
and requiring that all vehicles thereon be moved in one
specific direction;
5. Regulating the speed of vehicles in public parks

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subject to the limitations set forth in Section 11-604;
6. Designating any highway as a through highway, as
authorized in Section 11-302, and requiring that all
vehicles stop before entering or crossing the same or
designating any intersection as a stop intersection or a
yield right-of-way intersection and requiring all vehicles
to stop or yield the right-of-way at one or more entrances
to such intersections;
7. Restricting the use of highways as authorized in
Chapter 15;
8. Regulating the operation of mobile carrying
devices, bicycles, low-speed electric bicycles, and
low-speed gas bicycles, and requiring the registration and
licensing of same, including the requirement of a
registration fee;
9. Regulating or prohibiting the turning of vehicles
or specified types of vehicles at intersections;
10. Altering the speed limits as authorized in Section
11-604;
11. Prohibiting U-turns;
12. Prohibiting pedestrian crossings at other than
designated and marked crosswalks or at intersections;
13. Prohibiting parking during snow removal operation;
14. Imposing fines in accordance with Section
11-1301.3 as penalties for use of any parking place
reserved for persons with disabilities, as defined by

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Section 1-159.1, or veterans with disabilities by any
person using a motor vehicle not bearing registration
plates specified in Section 11-1301.1 or a special decal
or device as defined in Section 11-1301.2 as evidence that
the vehicle is operated by or for a person with
disabilities or a veteran with a disability;
15. Adopting such other traffic regulations as are
specifically authorized by this Code; or
16. Enforcing the provisions of subsection (f) of
Section 3-413 of this Code or a similar local ordinance.
(b) No ordinance or regulation enacted under paragraph 1,
4, 5, 6, 7, 9, 10, 11 or 13 of subsection (a) shall be
effective until signs giving reasonable notice of such local
traffic regulations are posted.
(c) The provisions of this Code shall not prevent any
municipality having a population of 500,000 or more
inhabitants from prohibiting any person from driving or
operating any motor vehicle upon the roadways of such
municipality with headlamps on high beam or bright.
(d) The provisions of this Code shall not be deemed to
prevent local authorities within the reasonable exercise of
their police power from prohibiting, on private property, the
unauthorized use of parking spaces reserved for persons with
disabilities.
(e) No unit of local government, including a home rule
unit, may enact or enforce an ordinance that applies only to

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motorcycles if the principal purpose for that ordinance is to
restrict the access of motorcycles to any highway or portion
of a highway for which federal or State funds have been used
for the planning, design, construction, or maintenance of that
highway. No unit of local government, including a home rule
unit, may enact an ordinance requiring motorcycle users to
wear protective headgear. Nothing in this subsection (e) shall
affect the authority of a unit of local government to regulate
motorcycles for traffic control purposes or in accordance with
Section 12-602 of this Code. No unit of local government,
including a home rule unit, may regulate motorcycles in a
manner inconsistent with this Code. This subsection (e) is a
limitation under subsection (i) of Section 6 of Article VII of
the Illinois Constitution on the concurrent exercise by home
rule units of powers and functions exercised by the State.
(e-5) The City of Chicago may enact an ordinance providing
for a noise monitoring system upon any portion of the roadway
known as Lake Shore Drive. Twelve months after the
installation of the noise monitoring system, and any time
after the first report as the City deems necessary, the City of
Chicago shall prepare a noise monitoring report with the data
collected from the system and shall, upon request, make the
report available to the public. For purposes of this
subsection (e-5), "noise monitoring system" means an automated
noise monitor capable of recording noise levels 24 hours per
day and 365 days per year with computer equipment sufficient

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to process the data.
(e-10) A unit of local government, including a home rule
unit, may not enact an ordinance prohibiting the use of
Automated Driving System equipped vehicles on its roadways.
Nothing in this subsection (e-10) shall affect the authority
of a unit of local government to regulate Automated Driving
System equipped vehicles for traffic control purposes. No unit
of local government, including a home rule unit, may regulate
Automated Driving System equipped vehicles in a manner
inconsistent with this Code. For purposes of this subsection
(e-10), "Automated Driving System equipped vehicle" means any
vehicle equipped with an Automated Driving System of hardware
and software that are collectively capable of performing the
entire dynamic driving task on a sustained basis, regardless
of whether it is limited to a specific operational domain.
This subsection (e-10) is a limitation under subsection (i) of
Section 6 of Article VII of the Illinois Constitution on the
concurrent exercise by home rule units of powers and functions
exercised by the State.
(f) A municipality or county designated in Section
11-208.6 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of this
Code or a similar provision of a local ordinance and imposing
liability on a registered owner or lessee of a vehicle used in
such a violation.
(g) A municipality or county, as provided in Section

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11-1201.1, may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of
Section 11-1201 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner of a
vehicle used in such a violation.
(h) A municipality designated in Section 11-208.8 may
enact an ordinance providing for an automated speed
enforcement system to enforce violations of Article VI of
Chapter 11 of this Code or a similar provision of a local
ordinance.
(i) A municipality or county designated in Section
11-208.9 may enact an ordinance providing for an automated
traffic law enforcement system to enforce violations of
Section 11-1414 of this Code or a similar provision of a local
ordinance and imposing liability on a registered owner or
lessee of a vehicle used in such a violation.
(j) A municipality, county, or township may enact an
ordinance providing for administrative and civil fines to
enforce violations of Section 11-204 of the Illinois Vehicle
Code or a similar provision of a local ordinance and imposing
liability on a registered owner or lessee of a vehicle used in
such a violation.
(Source: P.A. 100-209, eff. 1-1-18; 100-257, eff. 8-22-17;
100-352, eff. 6-1-18; 100-863, eff. 8-14-18; 101-123, eff.
7-26-19.)

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(625 ILCS 5/11-208.3) (from Ch. 95 1/2, par. 11-208.3)
Sec. 11-208.3. Administrative adjudication of violations
of traffic regulations concerning the standing, parking, or
condition of vehicles, automated traffic law violations, and
automated speed enforcement system violations, and other
violations of the Illinois Vehicle Code.
(a) Any municipality, or county, or township may provide
by ordinance for a system of administrative adjudication of
vehicular standing and parking violations and vehicle
compliance violations as described in this subsection,
automated traffic law violations as defined in Section
11-208.6, 11-208.9, or 11-1201.1, and automated speed
enforcement system violations as defined in Section 11-208.8
and violations of Section 11-204 of the Illinois Vehicle Code
or a similar provision of a local ordinance. The
administrative system shall have as its purpose the fair and
efficient enforcement of municipal, or county, or township
regulations through the administrative adjudication of
automated speed enforcement system or automated traffic law
violations and violations of municipal, or county, or township
ordinances regulating the standing and parking of vehicles,
the condition and use of vehicle equipment, and the display of
municipal or county wheel tax licenses within the
municipality's or county's borders, and other violations of
the Illinois Vehicle Code. The administrative system shall
only have authority to adjudicate civil offenses carrying

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fines not in excess of $500 or requiring the completion of a
traffic education program, or both, that occur after the
effective date of the ordinance adopting such a system under
this Section. For purposes of this Section, "compliance
violation" means a violation of a municipal or county
regulation governing the condition or use of equipment on a
vehicle or governing the display of a municipal or county
wheel tax license.
(b) Any ordinance establishing a system of administrative
adjudication under this Section shall provide for:
(1) A traffic compliance administrator authorized to
adopt, distribute, and process parking, compliance, and
automated speed enforcement system or automated traffic
law violation notices and other notices required by this
Section, collect money paid as fines and penalties for
violation of parking and compliance ordinances, and
automated speed enforcement system or automated traffic
law violations, and other violations of the Illinois
Vehicle Code and operate an administrative adjudication
system.
(2) A parking, standing, compliance, automated speed
enforcement system, or automated traffic law, or other
violation notice that shall specify or include the date,
time, and place of violation of a parking, standing,
compliance, automated speed enforcement system, or
automated traffic law regulation, or other violation; the

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particular regulation violated; any requirement to
complete a traffic education program; the fine and any
penalty that may be assessed for late payment or failure
to complete a required traffic education program, or both,
when so provided by ordinance; the vehicle make or a
photograph of the vehicle; the state registration number
of the vehicle; and the identification number of the
person issuing the notice. With regard to automated speed
enforcement system or automated traffic law violations,
vehicle make shall be specified on the automated speed
enforcement system or automated traffic law violation
notice if the notice does not include a photograph of the
vehicle and the make is available and readily discernible.
With regard to municipalities or counties with a
population of 1 million or more, it shall be grounds for
dismissal of a parking violation if the state registration
number or vehicle make specified is incorrect. The
violation notice shall state that the completion of any
required traffic education program, the payment of any
indicated fine, and the payment of any applicable penalty
for late payment or failure to complete a required traffic
education program, or both, shall operate as a final
disposition of the violation. The notice also shall
contain information as to the availability of a hearing in
which the violation may be contested on its merits. The
violation notice shall specify the time and manner in

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which a hearing may be had.
(3) Service of a parking, standing, or compliance, or
other violation notice by: (i) affixing the original or a
facsimile of the notice to an unlawfully parked or
standing vehicle; (ii) handing the notice to the operator
of a vehicle if he or she is present; or (iii) mailing the
notice to the address of the registered owner or lessee of
the cited vehicle as recorded with the Secretary of State
or the lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality, or county, or township of the
identity of the owner or lessee of the vehicle, but not
later than 90 days after the date of the violation, except
that in the case of a lessee of a motor vehicle, service of
a parking, standing, or compliance violation notice may
occur no later than 210 days after the violation; and
service of an automated speed enforcement system or
automated traffic law violation notice by mail to the
address of the registered owner or lessee of the cited
vehicle as recorded with the Secretary of State or the
lessor of the motor vehicle within 30 days after the
Secretary of State or the lessor of the motor vehicle
notifies the municipality, or county, or township of the
identity of the owner or lessee of the vehicle, but not
later than 90 days after the violation, except that in the
case of a lessee of a motor vehicle, service of an

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automated traffic law violation notice may occur no later
than 210 days after the violation. A person authorized by
ordinance to issue and serve parking, standing, and
compliance, or other violation notices shall certify as to
the correctness of the facts entered on the violation
notice by signing his or her name to the notice at the time
of service or, in the case of a notice produced by a
computerized device, by signing a single certificate to be
kept by the traffic compliance administrator attesting to
the correctness of all notices produced by the device
while it was under his or her control. In the case of an
automated traffic law violation, the ordinance shall
require a determination by a technician employed or
contracted by the municipality or county that, based on
inspection of recorded images, the motor vehicle was being
operated in violation of Section 11-208.6, 11-208.9, or
11-1201.1 or a local ordinance. If the technician
determines that the vehicle entered the intersection as
part of a funeral procession or in order to yield the
right-of-way to an emergency vehicle, a citation shall not
be issued. In municipalities with a population of less
than 1,000,000 inhabitants and counties with a population
of less than 3,000,000 inhabitants, the automated traffic
law ordinance shall require that all determinations by a
technician that a motor vehicle was being operated in
violation of Section 11-208.6, 11-208.9, or 11-1201.1 or a

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local ordinance must be reviewed and approved by a law
enforcement officer or retired law enforcement officer of
the municipality or county issuing the violation. In
municipalities with a population of 1,000,000 or more
inhabitants and counties with a population of 3,000,000 or
more inhabitants, the automated traffic law ordinance
shall require that all determinations by a technician that
a motor vehicle was being operated in violation of Section
11-208.6, 11-208.9, or 11-1201.1 or a local ordinance must
be reviewed and approved by a law enforcement officer or
retired law enforcement officer of the municipality or
county issuing the violation or by an additional fully
trained reviewing technician who is not employed by the
contractor who employs the technician who made the initial
determination. In the case of an automated speed
enforcement system violation, the ordinance shall require
a determination by a technician employed by the
municipality, based upon an inspection of recorded images,
video or other documentation, including documentation of
the speed limit and automated speed enforcement signage,
and documentation of the inspection, calibration, and
certification of the speed equipment, that the vehicle was
being operated in violation of Article VI of Chapter 11 of
this Code or a similar local ordinance. If the technician
determines that the vehicle speed was not determined by a
calibrated, certified speed equipment device based upon

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the speed equipment documentation, or if the vehicle was
an emergency vehicle, a citation may not be issued. The
automated speed enforcement ordinance shall require that
all determinations by a technician that a violation
occurred be reviewed and approved by a law enforcement
officer or retired law enforcement officer of the
municipality issuing the violation or by an additional
fully trained reviewing technician who is not employed by
the contractor who employs the technician who made the
initial determination. Routine and independent calibration
of the speeds produced by automated speed enforcement
systems and equipment shall be conducted annually by a
qualified technician. Speeds produced by an automated
speed enforcement system shall be compared with speeds
produced by lidar or other independent equipment. Radar or
lidar equipment shall undergo an internal validation test
no less frequently than once each week. Qualified
technicians shall test loop-based equipment no less
frequently than once a year. Radar equipment shall be
checked for accuracy by a qualified technician when the
unit is serviced, when unusual or suspect readings
persist, or when deemed necessary by a reviewing
technician. Radar equipment shall be checked with the
internal frequency generator and the internal circuit test
whenever the radar is turned on. Technicians must be alert
for any unusual or suspect readings, and if unusual or

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suspect readings of a radar unit persist, that unit shall
immediately be removed from service and not returned to
service until it has been checked by a qualified
technician and determined to be functioning properly.
Documentation of the annual calibration results, including
the equipment tested, test date, technician performing the
test, and test results, shall be maintained and available
for use in the determination of an automated speed
enforcement system violation and issuance of a citation.
The technician performing the calibration and testing of
the automated speed enforcement equipment shall be trained
and certified in the use of equipment for speed
enforcement purposes. Training on the speed enforcement
equipment may be conducted by law enforcement, civilian,
or manufacturer's personnel and if applicable may be
equivalent to the equipment use and operations training
included in the Speed Measuring Device Operator Program
developed by the National Highway Traffic Safety
Administration (NHTSA). The vendor or technician who
performs the work shall keep accurate records on each
piece of equipment the technician calibrates and tests. As
used in this paragraph, "fully trained reviewing
technician" means a person who has received at least 40
hours of supervised training in subjects which shall
include image inspection and interpretation, the elements
necessary to prove a violation, license plate

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identification, and traffic safety and management. In all
municipalities and counties, the automated speed
enforcement system or automated traffic law ordinance
shall require that no additional fee shall be charged to
the alleged violator for exercising his or her right to an
administrative hearing, and persons shall be given at
least 25 days following an administrative hearing to pay
any civil penalty imposed by a finding that Section
11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
local ordinance has been violated. The original or a
facsimile of the violation notice or, in the case of a
notice produced by a computerized device, a printed record
generated by the device showing the facts entered on the
notice, shall be retained by the traffic compliance
administrator, and shall be a record kept in the ordinary
course of business. A parking, standing, compliance,
automated speed enforcement system, or automated traffic
law, or other violation notice issued, signed, and served
in accordance with this Section, a copy of the notice, or
the computer-generated record shall be prima facie correct
and shall be prima facie evidence of the correctness of
the facts shown on the notice. The notice, copy, or
computer-generated record shall be admissible in any
subsequent administrative or legal proceedings.
(4) An opportunity for a hearing for the registered
owner of the vehicle cited in the parking, standing,

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compliance, automated speed enforcement system, or
automated traffic law, or other violation notice in which
the owner may contest the merits of the alleged violation,
and during which formal or technical rules of evidence
shall not apply; provided, however, that under Section
11-1306 of this Code the lessee of a vehicle cited in the
violation notice likewise shall be provided an opportunity
for a hearing of the same kind afforded the registered
owner. The hearings shall be recorded, and the person
conducting the hearing on behalf of the traffic compliance
administrator shall be empowered to administer oaths and
to secure by subpoena both the attendance and testimony of
witnesses and the production of relevant books and papers.
Persons appearing at a hearing under this Section may be
represented by counsel at their expense. The ordinance may
also provide for internal administrative review following
the decision of the hearing officer.
(5) Service of additional notices, sent by first class
United States mail, postage prepaid, to the address of the
registered owner of the cited vehicle as recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database,
or, under Section 11-1306 or subsection (p) of Section
11-208.6 or 11-208.9, or subsection (p) of Section
11-208.8 of this Code, to the lessee of the cited vehicle

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at the last address known to the lessor of the cited
vehicle at the time of lease or, if any notice to that
address is returned as undeliverable, to the last known
address recorded in a United States Post Office approved
database. The service shall be deemed complete as of the
date of deposit in the United States mail. The notices
shall be in the following sequence and shall include, but
not be limited to, the information specified herein:
(i) A second notice of parking, standing, or
compliance, or other violation if the first notice of
the violation was issued by affixing the original or a
facsimile of the notice to the unlawfully parked
vehicle or by handing the notice to the operator. This
notice shall specify or include the date and location
of the violation cited in the parking, standing, or
compliance, or other violation notice, the particular
regulation violated, the vehicle make or a photograph
of the vehicle, the state registration number of the
vehicle, any requirement to complete a traffic
education program, the fine and any penalty that may
be assessed for late payment or failure to complete a
traffic education program, or both, when so provided
by ordinance, the availability of a hearing in which
the violation may be contested on its merits, and the
time and manner in which the hearing may be had. The
notice of violation shall also state that failure to

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complete a required traffic education program, to pay
the indicated fine and any applicable penalty, or to
appear at a hearing on the merits in the time and
manner specified, will result in a final determination
of violation liability for the cited violation in the
amount of the fine or penalty indicated, and that,
upon the occurrence of a final determination of
violation liability for the failure, and the
exhaustion of, or failure to exhaust, available
administrative or judicial procedures for review, any
incomplete traffic education program or any unpaid
fine or penalty, or both, will constitute a debt due
and owing the municipality or county.
(ii) A notice of final determination of parking,
standing, compliance, automated speed enforcement
system, or automated traffic law, or other violation
liability. This notice shall be sent following a final
determination of parking, standing, compliance,
automated speed enforcement system, or automated
traffic law, or other violation liability and the
conclusion of judicial review procedures taken under
this Section. The notice shall state that the
incomplete traffic education program or the unpaid
fine or penalty, or both, is a debt due and owing the
municipality, or county, or township. The notice shall
contain warnings that failure to complete any required

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traffic education program or to pay any fine or
penalty due and owing the municipality, or county, or
township or both, within the time specified may result
in the municipality's, county's, or township's
municipality's or county's filing of a petition in the
Circuit Court to have the incomplete traffic education
program or unpaid fine or penalty, or both, rendered a
judgment as provided by this Section, or, where
applicable, may result in suspension of the person's
driver's license for failure to complete a traffic
education program.
(6) A notice of impending driver's license suspension.
This notice shall be sent to the person liable for failure
to complete a required traffic education program. The
notice shall state that failure to complete a required
traffic education program within 45 days of the notice's
date will result in the municipality, or county, or
township notifying the Secretary of State that the person
is eligible for initiation of suspension proceedings under
Section 6-306.5 of this Code. The notice shall also state
that the person may obtain a photostatic copy of an
original ticket imposing a fine or penalty by sending a
self-addressed, stamped envelope to the municipality, or
county, or township along with a request for the
photostatic copy. The notice of impending driver's license
suspension shall be sent by first class United States

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mail, postage prepaid, to the address recorded with the
Secretary of State or, if any notice to that address is
returned as undeliverable, to the last known address
recorded in a United States Post Office approved database.
(7) Final determinations of violation liability. A
final determination of violation liability shall occur
following failure to complete the required traffic
education program or to pay the fine or penalty, or both,
after a hearing officer's determination of violation
liability and the exhaustion of or failure to exhaust any
administrative review procedures provided by ordinance.
Where a person fails to appear at a hearing to contest the
alleged violation in the time and manner specified in a
prior mailed notice, the hearing officer's determination
of violation liability shall become final: (A) upon denial
of a timely petition to set aside that determination, or
(B) upon expiration of the period for filing the petition
without a filing having been made.
(8) A petition to set aside a determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law, or other violation
liability that may be filed by a person owing an unpaid
fine or penalty. A petition to set aside a determination
of liability may also be filed by a person required to
complete a traffic education program. The petition shall
be filed with and ruled upon by the traffic compliance

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administrator in the manner and within the time specified
by ordinance. The grounds for the petition may be limited
to: (A) the person not having been the owner or lessee of
the cited vehicle on the date the violation notice was
issued, (B) the person having already completed the
required traffic education program or paid the fine or
penalty, or both, for the violation in question, and (C)
excusable failure to appear at or request a new date for a
hearing. With regard to municipalities or counties with a
population of 1 million or more, it shall be grounds for
dismissal of a parking violation if the state registration
number or vehicle make, only if specified in the violation
notice, is incorrect. After the determination of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law, or other violation liability has
been set aside upon a showing of just cause, the
registered owner shall be provided with a hearing on the
merits for that violation.
(9) Procedures for non-residents. Procedures by which
persons who are not residents of the municipality, or
county, or township may contest the merits of the alleged
violation without attending a hearing.
(10) A schedule of civil fines for violations of
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law, or other
regulations enacted by ordinance pursuant to this Section,

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and a schedule of penalties for late payment of the fines
or failure to complete required traffic education
programs, provided, however, that the total amount of the
fine and penalty for any one violation shall not exceed
$250, except as to violations of an ordinance relating to
Section 11-204 of the Illinois Vehicle Code, which shall
not exceed $500, and except as provided in subsection (c)
of Section 11-1301.3 of this Code.
(11) Other provisions as are necessary and proper to
carry into effect the powers granted and purposes stated
in this Section.
(b-5) An automated speed enforcement system or automated
traffic law ordinance adopted under this Section by a
municipality or county shall require that the determination to
issue a citation be vested solely with the municipality or
county and that such authority may not be delegated to any
vendor retained by the municipality or county. Any contract or
agreement violating such a provision in the ordinance is null
and void.
(c) Any municipality, or county, or township establishing
vehicular standing, parking, compliance, automated speed
enforcement system, or automated traffic law, or other
regulations under this Section may also provide by ordinance
for a program of vehicle immobilization for the purpose of
facilitating enforcement of those regulations. The program of
vehicle immobilization shall provide for immobilizing any

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eligible vehicle upon the public way by presence of a
restraint in a manner to prevent operation of the vehicle. Any
ordinance establishing a program of vehicle immobilization
under this Section shall provide:
(1) Criteria for the designation of vehicles eligible
for immobilization. A vehicle shall be eligible for
immobilization when the registered owner of the vehicle
has accumulated the number of incomplete traffic education
programs or unpaid final determinations of parking,
standing, compliance, automated speed enforcement system,
or automated traffic law, or other violation liability, or
both, as determined by ordinance.
(2) A notice of impending vehicle immobilization and a
right to a hearing to challenge the validity of the notice
by disproving liability for the incomplete traffic
education programs or unpaid final determinations of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law, or other violation
liability, or both, listed on the notice.
(3) The right to a prompt hearing after a vehicle has
been immobilized or subsequently towed without the
completion of the required traffic education program or
payment of the outstanding fines and penalties on parking,
standing, compliance, automated speed enforcement system,
or automated traffic law, or other violations, or both,
for which final determinations have been issued. An order

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issued after the hearing is a final administrative
decision within the meaning of Section 3-101 of the Code
of Civil Procedure.
(4) A post immobilization and post-towing notice
advising the registered owner of the vehicle of the right
to a hearing to challenge the validity of the impoundment.
(d) Judicial review of final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law, or other violations and final
administrative decisions issued after hearings regarding
vehicle immobilization and impoundment made under this Section
shall be subject to the provisions of the Administrative
Review Law.
(e) Any fine, penalty, incomplete traffic education
program, or part of any fine or any penalty remaining unpaid
after the exhaustion of, or the failure to exhaust,
administrative remedies created under this Section and the
conclusion of any judicial review procedures shall be a debt
due and owing the municipality, or county, or township and, as
such, may be collected in accordance with applicable law.
Completion of any required traffic education program and
payment in full of any fine or penalty resulting from a
standing, parking, compliance, automated speed enforcement
system, or automated traffic law, or other violation shall
constitute a final disposition of that violation.
(f) After the expiration of the period within which

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judicial review may be sought for a final determination of
parking, standing, compliance, automated speed enforcement
system, or automated traffic law, or other violation, the
municipality, or county, or township may commence a proceeding
in the Circuit Court for purposes of obtaining a judgment on
the final determination of violation. Nothing in this Section
shall prevent a municipality, or county
, or township from
consolidating multiple final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law, or other violations against a person in
a proceeding. Upon commencement of the action, the
municipality, or county, or township shall file a certified
copy or record of the final determination of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law, or other violation, which shall be
accompanied by a certification that recites facts sufficient
to show that the final determination of violation was issued
in accordance with this Section and the applicable municipal,
or county, or township ordinance. Service of the summons and a
copy of the petition may be by any method provided by Section
2-203 of the Code of Civil Procedure or by certified mail,
return receipt requested, provided that the total amount of
fines and penalties for final determinations of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law, or other violations does not exceed
$2500. If the court is satisfied that the final determination

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of parking, standing, compliance, automated speed enforcement
system, or automated traffic law, or other violation was
entered in accordance with the requirements of this Section
and the applicable municipal, or county, or township
ordinance, and that the registered owner or the lessee, as the
case may be, had an opportunity for an administrative hearing
and for judicial review as provided in this Section, the court
shall render judgment in favor of the municipality, or county,
or township and against the registered owner or the lessee for
the amount indicated in the final determination of parking,
standing, compliance, automated speed enforcement system, or
automated traffic law, or other violation, plus costs. The
judgment shall have the same effect and may be enforced in the
same manner as other judgments for the recovery of money.
(g) The fee for participating in a traffic education
program under this Section shall not exceed $25.
A low-income individual required to complete a traffic
education program under this Section who provides proof of
eligibility for the federal earned income tax credit under
Section 32 of the Internal Revenue Code or the Illinois earned
income tax credit under Section 212 of the Illinois Income Tax
Act shall not be required to pay any fee for participating in a
required traffic education program.
(h) Notwithstanding any other provision of law to the
contrary, a person shall not be liable for violations, fees,
fines, or penalties under this Section during the period in

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