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| Public Act 102-0846 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 1. Short title. This Act may be cited as the Tow | ||||
Notice Act. | ||||
Section 5. Private parking agreements; removal of vehicles | ||||
at property owner's request. | ||||
(a) As used in this Section, "personal notice" means the | ||||
owner or other person in lawful possession or control of real | ||||
property, or his or her authorized agent, making all | ||||
reasonable efforts to provide a vehicle owner or other legally | ||||
authorized person in control of the vehicle notice prior to | ||||
removal of the vehicle. "Personal notice" includes, at a | ||||
minimum, the following: | ||||
(1) a telephone call or text message or email sent to | ||||
the vehicle owner or other legally authorized person in | ||||
control of the vehicle at the vehicle owner's most | ||||
recently available contact information or contact | ||||
information included in the written agreement; and | ||||
(2) a response from the vehicle owner or other legally | ||||
authorized person in control of the vehicle indicating | ||||
receipt of the notice or other proof of receipt indicating | ||||
that the vehicle owner or other legally authorized person | ||||
in control of the vehicle received the notice. | ||
(b) If a vehicle owner or other legally authorized person | ||
in control of the vehicle has a written agreement with a | ||
property owner or other person in lawful possession or control | ||
of the property, or his or her authorized agent, permitting | ||
the vehicle to be parked on the property, the property owner or | ||
other person in lawful possession or control of the property, | ||
or his or her authorized agent, prior to requesting that a | ||
commercial vehicle relocator remove the vehicle from the | ||
property, shall give personal notice to the owner or other | ||
legally authorized person in control of the vehicle that the | ||
vehicle is subject to being towed. Personal notice must be | ||
provided at least 3 hours prior to the removal of the vehicle. | ||
This Section applies to a relocation performed pursuant to a | ||
specific request to remove the vehicle from a property owner | ||
or other person in lawful possession or control of the | ||
property, or his or her authorized agent. | ||
(c) A vehicle owner or other legally authorized person in | ||
control of the vehicle who is aggrieved by a violation of this | ||
Section may commence a civil action in the appropriate circuit | ||
court not later than 2 years after the date of the vehicle | ||
relocation and may recover from the property owner or other | ||
person in possession or control of the property, or his or her | ||
authorized agent, damages resulting from the violation, | ||
including, but not limited to: towing charges and storage | ||
charges accrued in connection with the relocated vehicle; loss | ||
of the vehicle; and costs and attorney's fees. | ||
(d) This Act applies only to vehicles that are operable. | ||
(e) This Act does not create liability for an owner or | ||
other person in lawful possession or control of real property, | ||
or his or her authorized agent, who moves a vehicle covered | ||
under this Act as required to respond to an emergency or for | ||
maintenance of the property, if the vehicle is returned to the | ||
property upon resolution of the emergency or completion of the | ||
maintenance project at the expense of the owner or other | ||
person in lawful possession or control of real property, or | ||
his or her authorized agent.
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