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| Public Act 095-0407 |
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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 5. The Illinois Vehicle Code is amended by changing | ||||
Sections 4-213, 11-402, 11-404, and 18a-105 as follows:
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(625 ILCS 5/4-213) (from Ch. 95 1/2, par. 4-213)
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Sec. 4-213. Liability of law enforcement officers, | ||||
agencies, and towing
services.
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(a) A law enforcement officer or agency, a department of | ||||
municipal
government designated under Section 4-212.1 or its | ||||
officers or
employees, or a towing service owner, operator, or
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employee shall not be held to answer or be liable for damages | ||||
in any action
brought by the registered owner, former | ||||
registered owner, or his legal
representative, lienholder or | ||||
any other person legally entitled to the
possession of a | ||||
vehicle when the vehicle was processed and sold or disposed of
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as provided by this Chapter.
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(b) A towing service, and any of its officers or employees, | ||||
that
removes or tows a vehicle as a result of being directed to | ||||
do so by
a law enforcement officer or agency or a department of | ||||
municipal government or
its officers or employees shall not be | ||||
held to answer or be liable for injury
to, loss of , or damages | ||||
to any real or personal property that occurs in the
course of | ||||
the removal or towing of a vehicle or its contents (i) on a | ||
limited
access highway in a designated Incident Management | ||
Program that uses fast lane
clearance techniques as defined by | ||
the Department of Transportation or (ii) at the direction of a | ||
peace officer, a highway authority official, or a | ||
representative of local authorities, under Section 11-402 or | ||
11-404 of this Code.
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(Source: P.A. 89-433, eff. 12-15-95.)
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(625 ILCS 5/11-402) (from Ch. 95 1/2, par. 11-402)
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Sec. 11-402. Motor vehicle accident involving damage to | ||
vehicle. | ||
(a)
The driver of any vehicle involved in a motor vehicle | ||
accident
resulting only in damage to a vehicle which is driven | ||
or attended by any person shall
immediately stop such vehicle | ||
at the scene of such motor vehicle accident
or as close thereto | ||
as possible, but shall forthwith return to and in every event
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shall remain at the scene of such motor vehicle accident until | ||
the
requirements of Section 11-403 have been fulfilled. Every | ||
such stop
shall be made without obstructing traffic
more than | ||
is necessary. If a damaged vehicle is obstructing traffic | ||
lanes, the driver of the vehicle must make every reasonable | ||
effort to move the vehicle or have it moved so as not to block | ||
the traffic lanes.
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Any person failing to comply with this Section shall be | ||
guilty of a Class
A misdemeanor.
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(b) Upon conviction of a violation of this Section, the | ||
court shall make
a finding as to whether the damage to a | ||
vehicle is in excess of $1,000,
and in such case a statement of | ||
this finding shall be reported to the Secretary
of State with | ||
the report of conviction as required by Section 6-204 of this
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Code. Upon receipt of such report of conviction and statement | ||
of finding
that the damage to a vehicle is in excess of $1,000, | ||
the Secretary of State
shall suspend the driver's license or | ||
any nonresident's driving privilege. | ||
(c) If any peace officer or highway authority official | ||
finds (i) a vehicle standing upon a highway or toll highway in | ||
violation of a prohibition, limitation, or restriction on | ||
stopping, standing, or parking imposed under this Code or (ii) | ||
a disabled vehicle that obstructs the roadway of a highway or | ||
toll highway, the peace officer or highway authority official | ||
is authorized to move the vehicle or to require the operator of | ||
the vehicle to move the vehicle to the shoulder of the road, to | ||
a position where parking is permitted, or to public parking or | ||
storage premises. The removal may be performed by, or under the | ||
direction of, the peace officer or highway authority official | ||
or may be contracted for by local authorities. After the | ||
vehicle has been removed, the peace officer or highway | ||
authority official shall follow appropriate procedures, as | ||
provided in Section 4-203 of this Code. | ||
(d) A towing service, its officers, and its employees are | ||
not liable for loss of or damages to any real or personal | ||
property that occurs as the result of the removal or towing of | ||
any vehicle under subsection (c), as provided in subsection (b) | ||
of Section 4-213.
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(Source: P.A. 83-831.)
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(625 ILCS 5/11-404) (from Ch. 95 1/2, par. 11-404)
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Sec. 11-404. Duty upon damaging unattended vehicle or other | ||
property. | ||
(a) The driver of any vehicle which collides with or is | ||
involved in a motor
vehicle accident with any vehicle which is | ||
unattended, or other property,
resulting in any damage to such | ||
other vehicle or property shall
immediately stop and shall then | ||
and there either locate and notify the
operator or owner of | ||
such vehicle or other
property of the driver's name, address, | ||
registration
number and owner of the vehicle the driver was | ||
operating or shall
attach securely in a conspicuous place on or | ||
in the vehicle
or other property struck a written notice giving | ||
the driver's
name, address, registration number and owner of | ||
the
vehicle the driver was driving and shall without | ||
unnecessary
delay notify the nearest office of a duly | ||
authorized police authority and
shall make a written report of | ||
such accident when and as required in
Section 11-406. Every | ||
such stop shall be made without
obstructing traffic more than | ||
is necessary. If a damaged vehicle is obstructing traffic | ||
lanes, the driver of the vehicle must make every reasonable | ||
effort to move the vehicle or have it moved so as not to block | ||
the traffic lanes.
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(b) Any person failing to comply with this Section shall be | ||
guilty of a Class
A misdemeanor. | ||
(c) If any peace officer or highway authority official | ||
finds (i) a vehicle standing upon a highway or toll highway in | ||
violation of a prohibition, limitation, or restriction on | ||
stopping, standing, or parking imposed under this Code or (ii) | ||
a disabled vehicle that obstructs the roadway of a highway or | ||
toll highway, the peace officer or highway authority official | ||
is authorized to move the vehicle or to require the operator of | ||
the vehicle to move the vehicle to the shoulder of the road, to | ||
a position where parking is permitted, or to public parking or | ||
storage premises. The removal may be performed by, or under the | ||
direction of, the peace officer or highway authority official | ||
or may be contracted for by local authorities. After the | ||
vehicle has been removed, the peace officer or highway | ||
authority official shall follow appropriate procedures, as | ||
provided in Section 4-203 of this Code.
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(d) A towing service, its officers, and its employees are | ||
not liable for loss of or damages to any real or personal | ||
property that occurs as the result of the removal or towing of | ||
any vehicle under subsection (c), as provided in subsection (b) | ||
of Section 4-213.
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(Source: P.A. 83-831.)
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(625 ILCS 5/18a-105) (from Ch. 95 1/2, par. 18a-105)
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Sec. 18a-105. Exemptions. This Chapter shall not apply to | ||
the
relocation of motorcycles. :
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(1) Vehicles registered for a gross weight in excess of | ||
10,000 pounds,
or if the vehicle is not registered, with a | ||
gross weight in excess of
10,000 pounds including vehicle | ||
weight and maximum load; or
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(2) Motorcycles.
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Such relocation shall be governed by the provisions of | ||
Section 4-203
of this Code.
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(Source: P.A. 85-923.)
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